MDC 0000000213SL_SUPPLIER.pdf
PDF 347 KB Posted
- Attached to
- Printing of Natural Events Calendar
- Solicitation number
- 300000249315061
- Issued by
- Missouri
About this file
Summary
This Invitation for Bid (IFB) is issued by the Missouri Department of Conservation for the printing and delivery of 43,000 Natural Events Calendars. The solicitation seeks a qualified contractor with a minimum of five years of professional experience in similar publication printing to execute prepress, presswork, and binding services consistent with industry best practices. The calendars must measure 14 inches by 20 inches (unfolded) and 14 inches by 10 inches (folded), contain 28 text pages and 4 cover pages, and be printed on specific paper stocks with four-color process soybean-based inks. Responses must be submitted electronically via MissouriBUYS, powered by MOVERS, by July 1, 2026, at 2:00 PM Central Time, with an original contract period extending from the date of award through March 31, 2027. The contractor must provide prepress materials by July 31, 2026, deliver printed proofs within eight business days of receipt, and complete final delivery within twelve business days of Department proof approval. No pre-bid conference or site tour is scheduled. The buyer of record is Lisa LaRivee (Lisa.Larivee@mdc.mo.gov).
The contract awards on a firm, fixed-price basis with pricing evaluated as the primary evaluation criterion. Suppliers must provide pricing for three line items: printing of 43,000 calendars, revisions to proofs due to Department changes, and remakes of proofs due to Department changes. All costs, including freight, must be included in the stated prices. The Department will accept overruns up to 3 percent but will only pay for quantities at reduced unit rates; 1 percent or less receives 100 percent of unit price, 1-2 percent receives 95 percent, and 2-3 percent receives 90 percent. Liquidated damages of $100 per day apply for delivery delays. Contractors must comply with Missouri tax compliance requirements, Secretary of State registration, E-Verify authorization, and Buy American preferences. Service-Disabled Veteran Business Enterprise (SDVE) participation at 3 percent of total contract value or Organization for the Blind/Sheltered Workshop participation at the greater of $5,000 or 2 percent of contract value is required unless the supplier meets the definition itself or selects the "None" option. The Department will conduct quality control inspections throughout production and may monitor the press run at the contractor's expense for travel costs of one Department representative.
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INVITATION FOR BID (IFB) MDC 0000000213SL
If you have any questions, please contact:
Procurement Entity State of Missouri
Buyer LISA LARIVEE Location
Phone Fax
E-mail Lisa.Larivee@mdc.mo.gov
State of Missouri
Missouri Department of Conservation
RESPONSES ARE DUE NO LATER THAN: July 1, 2026, AT 2:00 PM CENTRAL TIME
Responses are preferred to be submitted electronically via MissouriBUYS, powered by MOVERS. If bid response preference is by US mail, please contact Buyer of Record.
Original contract period shall be Date of Award through March 31, 2027
ATTENTION:
1. After reviewing the solicitation, the supplier must complete and return all necessary exhibits.
2. Due to lead times for obtaining the information needed to complete the various Business Compliance
Exhibits herein as explained in the solicitation's Supplier Response Exhibits, suppliers are encouraged to IMMEDIATELY begin securing these verifications.
3. The supplier must be registered in MissouriBUYS, powered by MOVERS) to be considered for contract award.
INSTRUCTIONS:
1. From the Table of Contents on the left-hand side of this screen, navigate to the Contract Terms section and click the Download Contract button to review the solicitation terms in its entirety.
2. Navigate to the Lines and Requirements sections to review and download any available attachments.
3. Click Create Response to enter your response.
Table of Contents
1 Overview
1.1 General Information
1.2 Schedule
1.3 Additional Information
1.4 Solicitation Controls
1.5 Terms
1.6 Attachments
2 Requirements
2.1 Section 1. Past Performance
2.2 Section 2. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment
2.3 Section 3. State of Missouri Tax Compliance
2.4 Section 4. Secretary of State Registration or Exemption
2.5 Section 5. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization
2.6 Section 6. Domestic Products Procurement Act (Buy American) Preference
2.7 Section 7. Services Outside the United States
2.8 Section 8. Employee/Conflict of Interest
3 Lines
3.1 Line Information
3.2 Line Details
3.2.1 Line 1
3.2.2 Line 2
3.2.3 Line 3
4 Contract Terms
1 Overview
1.1 General Information
Title Printing of Natural Events Calendar
Synopsis Printing of 43,000 Natural Events Calendars for the Missouri Department of Conservation. Previous experience and samples required before closing date.
Buyer LISA LARIVEE Outcome Blanket Purchase Agreement
E-Mail Lisa.Larivee@mdc.mo.gov
1.2 Schedule
Close Date 07/02/2026 2:00 PM Open Date 06/18/2026 2:00 PM Time Zone Central Time
1.3 Additional Information
Pre-Bid/Pre-Proposal Conference Date and Time 00+00:00
Pre-Bid/Pre-Proposal Conference Location Tour Date and Time 00+00:00
Tour Location Tour Contact Name
Tour Contact Phone # Tour Contact Email
1.4 Solicitation Controls
Response Visibility Sealed
Lines Settings Rank Indicator No indicator displayed
Ranking Method Price only
1.5 Terms
Agreement Start Date Agreement End Date Agreement Amount
(USD)
Minimum Release
Amount (USD) Payment Terms Immediate Freight Terms
Shipping Method FOB Solicitation Currency USD (US Dollar)
Price Precision 6
1.6 Attachments
File Name or URL Type Description Attachment 1.pdf File
2 Requirements *Response is required
2.1 Section 1. Past Performance
*1. The supplier should provide the overall relevant supplier experience, as relates to the requirements of the Scope of Work, including printing jobs with similar scope.
2.2 Section 2. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment
*1. If the supplier is committing to participation by or if the supplier is qualified as an organization identified below, the supplier must provide the required information in the field(s) on the exhibit for the organization(s) proposed.
Organization for the Blind/Sheltered Workshop
• The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide a commercially useful function related to the delivery of the contractually required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.
• The supplier must either be an Organization for the Blind or a Sheltered Workshop or must be proposing to utilize an Organization for the Blind/Sheltered Workshop as a subcontractor and/or supplier in an amount that must equal, at a minimum, the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million.
• The supplier may propose more than one Organization for the Blind/Sheltered Workshop as part of the supplier's total committed participation. However, the services performed or products provided must still meet the requirements noted herein.
Service-Disabled Veteran Business Enterprise (SDVE)
• The services performed or the products provided by the listed SDVE must provide a commercially useful function related to the delivery of the contractually required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.
• The supplier must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value.
• The supplier may propose more than one SDVE as part of the supplier's total committed participation. However, the services performed or products provided must still meet the requirements noted herein.
Select all that apply:-
a. Organization for the Blind/Sheltered Workshop
b. Service-Disabled Veteran Business Enterprise (SDVE)
c. None
Respond to the following requirements if you selected option a. for requirement 1.
*1.a.1. Provide the name of the Organization for the Blind or Sheltered Workshop proposed and the description of products/services to be provided.
Complete and upload the attached Documentation of Intent to Participate.
Attachments:
File Name or URL Type Description Documentation of Intent to Par
File
Response attachments are required.
Respond to the following requirements if you selected option b. for requirement 1.
*1.b.1. Provide the name of the SDVE proposed and the description of products/services to be provided.
If a participating organization is an SDVE, and unless the Service-Disabled Veteran's (SDV) documents were previously submitted within the past three (3) years to the Department or to the Office of Administration, Division of Purchasing, the supplier must provide the following SDV documents:
• A copy of the SDV's Certificate of Release or Discharge from Active Duty [DD Form 214]; and
• A copy of the SDV's disability rating letter issued by the Department of Veterans Affairs establishing a service-connected disability rating, or a Department of Defense determination of service-connected disability.
Complete and upload the attached SDVE Documentation of Intent to Participate.
Attachments:
File Name or URL Type Description SDVE File
Documentation of Intent t
Response attachments are required.
2.3 Section 3. State of Missouri Tax Compliance
*1. In accordance with Section 34.040.7, RSMo, the Department is precluded from contracting with a supplier or its affiliate who makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in Chapter 144, RSMo.
In order to verify the supplier's State of Missouri tax compliance with the Missouri Department of Revenue (DOR), the supplier must provide a "Vendor No Tax Due" certificate issued by DOR prior to award. By providing the "Vendor No Tax Due" certificate, the supplier is verifying the supplier is either registered to collect sales and/or use tax in Missouri or is not making retail sales of tangible personal property or providing taxable services in Missouri.
The DOR will issue the "Vendor No Tax Due" certificate if the supplier is properly registered to collect and have properly remitted sales and/or use tax or if the supplier is not making retail sales in Missouri.
How to Obtain a "Vendor No Tax Due" Certificate
• A "Vendor No Tax Due" certificate can be obtained from the Missouri Department of Revenue when a business pays all of its sales/use tax in full, up to date, does not have a sales tax delinquency, or does not sell tangible personal property in Missouri.
• If taxes are due, depending on the payment history of the business, a cashier's check or money order may be required for payment before a "Vendor No Tax Due" certificate can be issued.
• A "Vendor No Tax Due" certificate can be obtained by completing and submitting the Request for Tax Clearance, Form 943, to the Missouri Department of Revenue, Division of Taxation & Collection. This form is available at http://dor.mo.gov/forms/943.pdf. Make sure to select the appropriate "Reason for Request' on page 2 of the form.
• For assistance, call (573) 751-9268 or email taxclearance@dor.mo.gov. Additional information regarding Section 34.040.7, RSMo, is available on the Department of Revenue's website at http://dor.mo.
gov/business/sales.
NOTE: Make sure to request a "Vendor No Tax Due" certificate as there are other similar tax clearance forms that do not meet this verification requirement. The steps to obtain a "Vendor No Tax Due" certificate is outlined at https://dor.
mo.gov/taxation/business/tax-types/sales-use/hb600.html.
"Vendor No Tax Due" certificate is attached.
Select one of the following:-
a. Yes(Response attachments are required)
b. No http://dor.mo.gov/forms/943.pdf http://dor.mo.gov/business/sales.
http://dor.mo.gov/business/sales.
https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.
https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.
Respond to the following requirements if you selected option b. for requirement 1.
*1.b.1. Enter date Form 943 was submitted to DOR.
2.4 Section 4. Secretary of State Registration or Exemption
*1. In accordance with Section 351.572, RSMo, the supplier must be properly registered with the Missouri Secretary of State or identify how the supplier's business is exempt from registering with the Missouri Secretary of State.
In order to verify the supplier is properly registered with the Missouri Secretary of State, the supplier must either be:
• properly registered with the Missouri Secretary of State at time of bid submission or prior to contract award, or
• must identify how the supplier's business is exempt from registering with the Missouri Secretary of State.
NOTE: For any questions regarding Secretary of State registration, suppliers should go to https://www.sos.mo.
gov/business/startBusiness.asp or call 866-223-6535, Monday through Friday, 8:00 a.m. to 5:00 p.m., Central Time, excluding state holidays.
Complete and upload the attached exhibit and enter "Complete" in the text box below.
Attachments:
File Name or URL Type Description Secretary of State Registration
File
Response attachments are optional.
2.5 Section 5. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization
*1. Pursuant to section 285.530, RSMo, if the supplier meets the section 285.525, RSMo, definition of a "business entity" (Section: 285.0525 Definitions. RSMO 285.525), the supplier must affirm the supplier's enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The supplier should complete applicable portions of the Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions must be submitted prior to an award of a contract.
If completed portions of documentation are available, upload documentation and enter "Completed" in the field below.
If completed portions of documentation are not yet available, enter "Pending" in the field below.
Attachments:
File Name or URL Type Description Business Entity File https://www.sos.mo.gov/business/startBusiness.asp https://www.sos.mo.gov/business/startBusiness.asp http://revisor.mo.gov/main/OneChapter.aspx?chapter=285
Certification, Response attachments are optional.
2.6 Section 6. Domestic Products Procurement Act (Buy American) Preference
*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.
Attachments:
File Name or URL Type Description Domestic Products Procurement
File
Response attachments are required.
2.7 Section 7. Services Outside the United States
*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.
Attachments:
File Name or URL Type Description Executive Order 04-09.
docx
File
Response attachments are required.
2.8 Section 8. Employee/Conflict of Interest
*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.
Attachments:
File Name or URL Type Description Employee Conflict of Interest.
File
Response attachments are required.
3 Lines Instructions The supplier shall provide a price for each of the following for providing the calendars required in accordance with the provisions and requirements stated herein. The supplier shall provide firm, fixed prices for the original contract period. All costs associated with providing the required services, including freight, shall be included in the stated price (s).
3.1 Line Information
Line Estimated Quantity
UOM Response Price
Line Amount
Response Minimum
Release Amount
1-Printing of the Natural Events Calendar
43,000 EAC
H
2-Revisions to Proof due to Department Required Changes and/or Alterations
1 HOU
R
3-Remake of Proof due to Department Required Changes and/or Alterations
1 PAG
E
3.2 Line Details
3.2.1 Line 1 Printing of the Natural Events Calendar
Category Name 82121500 -
PRINTING
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
Start Price (USD)
3.2.2 Line 2 Revisions to Proof due to Department Required Changes and/or Alterations
Category Name 82111801 - EDITING
SERVICES
Item Revision
Allow Alternate Lines No Target Minimum Release
Amount (USD)
3.2.3 Line 3 Remake of Proof due to Department Required Changes and/or Alterations
Category Name 82111801 - EDITING
SERVICES
Item Revision Allow Alternate Lines No
Target Minimum Release Amount (USD)
4 Contract Terms
Contract Terms and Conditions
Purpose Titles Background and Historical Usage Information Current and/or Previous Contract Information State Expenditures IFB Questions Scope of Work General Requirements Contractor's Obligation Use of Subcontractors Assignment of Contract Amendments Applicable Laws Contractor's Qualifications Printing Requirements Estimated Quantities Contractor Sample Assurance Substitutions Replacement of Damaged Product Packaging, Loading and Delivery Requirements Quality Control Overruns, Invoicing, and Payment Requirements Terms and Conditions Applicable Laws and Regulations Non-Discrimination and Affirmative Action Americans with Disabilities Act Anti-Discrimination Against Israel Act Contractor Requirements Authorized Personnel/E-Verify Business Registration Data Breach Elected or Appointed Officials and Employees Hazard Communication Safety Data Sheets and Labeling Requirements Indemnification Legal Proceedings Federal Funds Requirements Invoicing and Payment Non-Appropriation of Funds Work Outside the United States Open Records Protests Records Access State Preferences Taxes General Contractual Requirements Contract Governance Supplier's Response Binding Notice of Award Contract Amendment Contract Period Contract Pricing
Termination for Convenience Cancellation for Breach of Contract Contract Assignment Contractor Liability Insurance Single Point of Contact and Responsibility Contractor Status Subcontractors Participation by Other Organizations Substitution of Personnel Coordination Property of State Confidentiality and Security Documents Force Majeure Actions, Suits, or Proceedings Warranties and Representations Conflict of Interest Remedies and Rights Communications and Notices Survivability of Terms Supplier Submission, Evaluation, and Award Information Bid Submission Overview Preparation of Bid Compliance with Requirements, Terms, and Conditions Foreign Suppliers Solicitation Response Submission Options Hard Copy Submission of Solicitation Response On-Line Submission of Solicitation Response Bid Opening Award Determination Evaluation Process Other Bid Submission Requirements Compliance Review Business Compliance Requirements Clarifications and Corrections The Domestic Products Procurement Act Organization for the Blind and Sheltered Workshop Participation Prerequisites Organization for the Service-Disabled Veteran Business Enterprises (SDVEs) Preference Prerequisites
Purpose
This document constitutes an invitation for competitive bids for the Missouri Department of Conservation (hereinafter referred to as "Department") in accordance with the requirements and provisions stated herein.
Titles
Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.
Background and Historical Usage Information
The Missouri Department of Conservation's mission is to protect and manage the fish, forest, and wildlife resources of the state, to serve the public and facilitate their participation in resource management activities, and to provide opportunities for all citizens to use, enjoy and learn about fish, forest, and wildlife resources.
Current and/or Previous Contract Information
A previous contract exists for the products and/or services being obtained via this IFB.
a. A copy of the contract many be obtained by contacting the buyer of record.
State Expenditures
1. Accuracy of Background Information
Although an attempt has been made to provide accurate and up-to-date information, the Department does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this Invitation for Bid.
IFB Questions
1. Buyer is Single Point of Contact for Solicitation
The supplier and the supplier's agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Suppliers and their agents who have questions regarding this matter should contact the buyer. It is preferred that questions be emailed to the buyer.
a. Except as noted herein, suppliers and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Suppliers can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulations (CSR) 40-1.060(8)(G) and (H) available at
2. Supplier is Responsible for Asking Questions Regarding the IFB
It is the supplier's responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the supplier's ability to submit a bid.
3. Supplier Questions Deadline
All questions and issues should be submitted at least five (5) business days prior to the return date of the bid. If not received prior to five (5) business days before the bid return date, the Department may not be able to fully research and consider the respective questions or issues.
4. Department's Response to Supplier Questions
Upon the Department's consideration of questions and issues and if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for IFB amendment. All suppliers will be advised of any change to the IFB's language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).
5. IFB is Department's Only Official Position
The only official position of the Department shall be that which is contained in the IFB and any amendments thereto.
Scope of Work
General Requirements
The contractor shall provide shall print and deliver the Natural Events Calendar (hereinafter referred to as "calendar(s)" for the Department in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.
Contractor's Obligation
Unless otherwise specified herein, the contractor shall provide all tools, equipment, materials, labor, supervision, and supplies necessary to perform the services herein.
Use of Subcontractors
The contractor shall not engage or use the services of subcontractors in performing the contract unless the contractor obtains prior written approval from the Department. Any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the contractor.
Assignment of Contract
This contract may not be assigned in whole or in part by the contractor without written consent of the Department.
Amendments
The contractor shall agree that this agreement shall not be amended or modified except in writing and signed by all parties of the original agreement.
Applicable Laws
The contractor agrees to comply with all applicable laws of the State of Missouri.
This contract shall be interpreted in accordance with the laws of the State of Missouri. It is mutually agreed that the venue for any cause of action regarding this contract shall be the Circuit Court of Cole County, Jefferson City, Missouri.
Contractor's Qualifications
1. The contractor's physical printing location and digital or online links to proofing sites must be located within the United States of America.
2. The contractor must have, at a minimum five (5) years of professional experience creating similar publications.
3. The contractor shall ensure that the execution of prepress, presswork, and binding must be consistent with the best workmanship and industry practices and must conform to the directions given by the Department. The calendars must be well printed, all all calendars must have equally high printing, binding, and trim quality.
Printing Requirements
1. By July 31, 2026, the contractor must have the required paper in inventory so there are no delays printing the calendar.
2. Prepress Materials - By no later than July 31, 2026, the Department will provide the contractor with press quality PDF. The contractor shall be responsible for trapping that exceeds the InDesign default.
The contractor shall compare the prepress materials to the printing requirements specified herein. In the event the prepress materials differ from the printing requirements, the contractor shall notify the Department of such difference(s) and follow the Department's instructions concerning the reconciliation of the difference(s).
3. Proofs - Within eight (8) business days after the receipt of the prepress materials the contractor shall provide the department with printed color-accurate proofs of the entire calendar for review and approval. All proofs must be sent at the contractor's expense, to:
Amanda DeGraffenreid, Designer
Missouri Department of Conservation
230 Commerce Drive, Suite 301
Jefferson City, MO 65109
4.
The contractor shall make all revisions, changes, and/or alterations requested by the Department. In addition, the contractor shall make any corrections and/or revisions to the proofs that are necessary due to the contractor error. The contractor shall submit the revised printed proofs to the Department within five (5) business days after receiving the request for corrections, revisions, changes, and/or alterations from the Department.
5. The contractor shall notify the Department (5) five business days prior to the beginning of a press run. The Department may monitor production of the calendars. If the Department elects to monitor production of the calendars, the contractor shall be responsible for all travel costs incurred by one (1) Department representative from Jefferson City, including out-of-state airfare, in-state mileage, out-of-state care rental and associated costs including rental insurance, food, and lodging. The contractor shall provide lodging for the Department representative at a reputable hotel/motel. In the event a Department representative is required to spend more than one (1) night in a hotel/motel, the Department representative should stay in the same hotel/motel each night.
6.
Upon receipt of the Department's written approval of the proofs, the contractor shall print the calendars as specified below:
Pages - The contractor shall ensure all calendars have twenty-eight (28) text pages and four (4) cover pages.
Size - The contractor shall ensure that the overall size of the calendars is fourteen inches by twenty inches (14" x 20"). The contractor shall ensure that the folded size of the calendars is fourteen inches by ten inches (14" x 10").
Paper Stock:
The contractor shall print the bodies of the calendars on one-hundred pound (100#) gloss coated text stock. The bodies of the calendars shall have a minimum opacity of ninety-three (93), a minimum brightness of ninety-two (92), and a hue of bright white.
The contractor shall print the covers of the calendars on one-hundred pound (100#) gloss coated cover stock. The covers of the calendars shall have a minimum opacity of ninety-five (95), minimum brightness of ninety-two (92), and hue of bright white.
Ink - The contractor shall ensure that four (4) color process, soybean-based inks are used throughout the calendars.
Press - The contractor shall prepare the job for direct-to-plate printing. The calendars must be printed at a line screen of one-hundred seventy-five (175) or better on the highest quality sheet fed or web press, with sheet fed press being preferred over web press. Color Registration must be within one-half (½) dot. Color balance on press sheets must match that of the printed proofs.
Bleeds - The contractor shall ensure that there are full bleeds throughout the calendars.
Varnish - The contractor shall ensure that the covers one (1) and four (4) and all interior color photographs throughout the calendars are coated with a high-gloss liquid coating.
The contractor must not use ultra-violet (UV) coating.
Binding - the contractor shall ensure that each calendar is creased and folded to fourteen inches by ten inches (14" x 10"). Each calendar shall be saddle-stitched on the fourteen-inch (14") dimension with a minimum of two (2) wires of at least twenty-seven (27) gauge.
Drilling - The contractor shall ensure that a one quarter of an inch (¼") round hole is drilled one quarter of an inch (¼") from the bottom center of each trimmed and stitched calendar. The Department will reject any calendar with a hole close than one quarter of an inch (¼") to the bottom trimmed edge and/or any calendar with a hole smaller than one quarter of an inch (¼").
Estimated Quantities
The quantities indicated in this IFB are estimates. the contractor shall print the quantity specified by the Department. The Department estimates, but does not guarantee, that the quantity ordered will be forty-three thousand (43,000) calendars. The Department will not accept underruns.
Contractor Sample Assurance
The contractor shall provide products that conform to all mandatory specifications, terms, conditions, and requirements stated herein. Furthermore, the contractor shall provide the Department with the same product that was submitted, and which passed sample-testing as part of the bid evaluation.
Substitutions
The contractor shall not substitute any item(s) that have been awarded to the contractor without the prior written approval of the Department.
a. In the event an item becomes unavailable, the contractor shall provide a suitable substitute item. The contractor's failure to provide an acceptable substitute may result in cancellation or termination of the contract.
b. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the Department reserves the right to allow the substitution of any new or different product offered by the contractor. The Department shall be the final authority as to acceptability of any proposed substitution.
c. Any item substitution shall require a formal contract amendment authorized by the Department prior to the Department acquiring the substitute item under the contract.
d. The Department may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the Department. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.
Replacement of Damaged Product
The contractor shall repair or replace any item or components received in damaged condition at no cost to the Department. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement.
Packaging, Loading and Delivery Requirements
1. Packaging Requirements - the contractor shall ensure that all calendars are shrink-wrapped in bundles of ten (10). The calendars shall be packed in new two hundred- and seventy-five-pound (275#) test cartons. No more than thirty (30) calendars shall be placed into each carton and each carton shall contain the same number of calendars. All cartons must be the same size and dimensions. the total weight of each carton shall not exceed thirty (30) pounds.
The contractor shall ensure that two (2) opposite ends or sides of each carton are labeled with the following information. In addition, the contractor shall ensure that there is no other printing on the outside of any cartons.
the number of calendars in each carton, in two inch (2") tall type.
The publication identification (ID) number (to be provided by the Department when files are delivered to the contractor).
The name of the publication in two inch (2") tall type.
The contractor shall pack each carton full, with padding, if necessary, in order to fill empty spaces. There must not be empty spaces with any carton. The cartons shall be able to be stacked without crushing. the cartons must have a protective sheet of heavy paper between the inside top of each carton and first layer of calendars.
2.
Loading Requirements - The carton labeling must be visible when the cartons are stacked on pallets. Pallets must be between 40" to 48" in width and 46" to 50" in length with the lift clearance of 4 to 6 feet. Boxes must be stacked on a pallet so as not to exceed 4 feet in total height and must be securely wrapped or bound to avoid spillage.
Pallets must not exceed 1,600 pounds in total weight.
3. Delivery Requirements - Within twelve (12) business days after the Department's approval of the proofs the contractor shall deliver the calendars to the following address:
Missouri Department of Conservation
230 Commerce Drive, Suite 301
Jefferson City, MO 65109
The contractor shall notify the Department contact person at least two (2) business days prior to delivery of the calendars. The contractor must also notify the Department's Warehouse Technician at (573) 522-4115, extension 3672, with an estimated delivery time.
The contractor shall deliver the calendars any weekday, excluding state holidays, between 8:00 a.m. and noon or between 1:00j p.m. and 3:30 p.m. A listing of state holidays is available at http://oa.mo.gov/commissioner/state-holidays.
http://oa.mo.gov/commissioner/state-holidays
Quality Control
The Department will conduct periodic inspections of the contractor's work to ensure and measure compliance with the specifications. Inspection plots shall be located throughout the service area to obtain a representative sample of the work.
Overruns, Invoicing, and Payment Requirements
The contractor shall be paid in accordance with the firm, fixed price stated on the Pricing Page after acceptance of calendars by the Department.
If revisions to the proof are required due to Department required changes and/or alterations, the contractor shall be paid for the contractor's time to revise the proof in accordance with the firm, fixed price stated in the pricing section. However, if revisions to the proof are required due to contractor error, even if the Department also requires changes and/or alterations to the proof, the contractor shall not be entitled to payment for the contractor's time to revise the proof.
For remarks of the proof due to Department required changes or alterations, the contractor shall be paid in accordance with the applicable er page price stated in the pricing section. However, if revisions to the proof are required due to contractor error, even if the Department also required changes or alterations to the proof, the contractor shall not be entitled to payment for the revised proof.
The Department will accept overruns. However, the Department will only make payment to the contractor for no more than 3 percent (3%) overrun. The firm, fixed price as stated in the pricing section shall be prorated to a unit price. The contractor shall receive payment for overruns based upon the following schedule:
1% overrun and less 100% of the unit price
+1% to 2% overrun 95% of the unit price
+2% to 3% overrun 90% of the unit price
1. Invoicing
The contractor shall submit to the Department an itemized invoice for calendars upon completion and acceptance of the Department's scope of work.
a. Invoices shall be submitted electronically to: Nichole.Terrill@mdc.mo.gov
b. The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor's MissouriBUYS, powered by MOVERS supplier registration. The invoice number will be listed on the state's EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.
c. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.
d. The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.
2. Payment
a. Payments are due upon receipt of a valid invoice, payable in thirty (30) calendar days.
All invoices for equipment, supplies, and/or services purchased by the Department shall be subject to late payment charges as provided in section 34.055, RSMo.
b. The Department does not pay state or federal taxes unless otherwise required under law or regulation.
c. The Department assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Department's rejection and shall be returned at the contractor's expense.
d. The Department will not pay for a software component until the initiation of the implementation of that software component.
e. The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri's central accounting system (SAM II) on the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.
aspx.
4. Liquidated Damages
The contractor shall be assessed liquidated damages in the amount of $100 per day for each such delinquent day until completed per the contract specifications. The Department will recognize that delays could be caused by weather and will grant a day extension for day caused by weather delay(s). The contractor shall coordinate with the Department representative for approval of an acceptable weather delay.
a. The contractor shall also agree and understand that such liquidated damages shall either be deducted from the contractor's invoices pursuant to the contract or paid by the contractor as a direct payment to the state agency at the sole discretion of the state agency.
b. The contractor shall understand that the liquidated damages described herein shall not be construed as a penalty.
c. The contractor shall agree and understand that all assessments of liquidated damages shall be within the discretion of the Department and shall be in addition to, not in lieu of, the rights of the Department to pursue other appropriate remedies.
Terms and Conditions
Applicable Laws and Regulations
The contract shall be construed according to the laws of the State of Missouri. The contractor and the Department must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and department.
Non-Discrimination and Affirmative Action
Contractors with fifty (50) or more employees must comply with and have an affirmative action plan in accordance with Executive Order 94-03, Article XIII.
Americans with Disabilities Act
In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.
Anti-Discrimination Against Israel Act Contractor Requirements
a. If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten (10) or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.
b. If during the life of the contract, the contractor's business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the Department an updated Anti-Discrimination Against Israel Act Certification.
Authorized Personnel/E-Verify
a. For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the Department shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.
b. Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor's business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.
c. The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the Department on an annual basis.
d. The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.
Business Registration
The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.
Data Breach
If a data breach impacting the Department's data requires the Department to comply with section 407.1500, RSMo, the contractor shall assist the Department by providing to the Department any requested information held by the contractor concerning the breach and the Department's data stored in the software and services being provided as a result of the contract.
Elected or Appointed Officials and Employees
Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.
Hazard Communication Safety Data Sheets and Labeling Requirements
The Department, in accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the Department be labeled with warning labels, and either contain a safety data sheet with each shipment, or the contractor otherwise shall make available a safety data sheet specific to the product available for downloading from the internet. The contractor shall ensure that the Department is informed about where to find safety data sheets for products under contract. Safety data sheet information must be compliant with OSHA's Hazard Communication Standard. Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor's Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor's Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.
Indemnification
Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.
Legal Proceedings
a. For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri's interests. The venue for any legal proceeding relating to or arising out of the solicitation or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.
b. The contractor and the Department agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.
c. The Department does not agree to any arbitration. The Department does not voluntarily agree to the payment of attorneys' fees. The Department may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the Department.
Federal Funds Requirements
a. The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in herein or other requirements identified by the federal government.
b. The contractor must comply with the Office of Management and Budget's (OMB) implementation of section 889(b) of the National Defense Authorization Act (NDAA) of Fiscal Year 2019, Pub. L. No. 115—232, for grants and loans through the updates to section 200.216 of Title 2 of the Code of Federal Regulations (2 CFR) relating to prohibitions on the purchase of certain telecommunication and video surveillance equipment and services from specified entities.
c. The contractor shall understand and agree that the contract may involve the use of American Rescue Plan Act ("ARPA") funds. The contractor shall comply with applicable ARPA Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained herein or other requirements identified by the federal government.
Invoicing and Payment
Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.
Non-Appropriation of Funds
The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the Department for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo.
Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-
3.010 (1)(B).
Work Outside the United States
Unless work outside the United States is prohibited by the solicitation, any work performed outside of the United States for the contract must comply with Executive Order 04-09.
Open Records
Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.
Protests
Any bid award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.
Records Access
The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.
State Preferences
If the contractor's awarded bid included state preferences, the contractor must comply with the rules applicable to those preferences including:
a. Section 34.070 and section 34.073 RSMo for Missouri business preferences;
b. Section 34.074 RSMo and 1 CSR 40-1.050 for Service Disabled Veteran Enterprises;
c. Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered
Workshops;
d. Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.
Taxes
The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.
General Contractual Requirements
Contract
A binding contract shall consist of the following documents:
a. the most current version of the solicitation document (including all Exhibits and Attachments) as amended by: solicitation amendment(s) issued prior to bid closing, and contract amendment(s);
b. the most current version of the contractor's bid, Department-requested clarification responses, and contract amendment responses, and the contractor's documentation;
and
c. the Department's acceptance of the response (bid) by "notice of award".
Governance
a. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein.
b. The contractor further agrees that the language of the solicitation shall govern in the event of a conflict with the contractor's response.
Supplier's Response Binding
The supplier's response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the supplier's response is accepted by the Department and a contract is awarded.
Notice of Award
A Notice of Award issued by the Department does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies, and/or services for the Department, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the Department.
Contract Amendment
All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the Department prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.
Contract Period
The original contract period shall be as specified on the cover page and the subsequent Notice of Award.
Contract Pricing
All prices shall be firm, fixed, and as indicated on the Pricing Pages. The Department shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, liquidated damages, attorney fees, etc.
Termination for Convenience
The Department reserves the right to terminate the contract at any time, for the…
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