INVITATION FOR BID (IFB) MDC 0000000228SL

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 30, 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 November 30, 2026

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

2 Requirements

2.1 Section 1. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment

2.2 Section 2. State of Missouri Tax Compliance

2.3 Section 3. Secretary of State Registration or Exemption

2.4 Section 4. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

2.5 Section 5. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

2.6 Section 6. Domestic Products Procurement Act (Buy American) Preference

2.7 Section 7. Employee/Conflict of Interest

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

3.2.2 Line 2

4 Contract Terms

1 Overview

1.1 General Information

Title Fertilizer for Peck Ranch

Synopsis Fertilizer to be delivered to Peck Ranch and National Park Service lands in the Ozark Region.

Buyer LISA LARIVEE Outcome Blanket Purchase Agreement

E-Mail Lisa.Larivee@mdc.mo.gov

1.2 Schedule

Close Date 07/30/2026 2:00 PM Open Date 07/09/2026 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 Net 45 Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

2 Requirements *Response is required

2.1 Section 1. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment

*1.

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.

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

Documentation of Intent t

File

Response attachments are required.

2.2 Section 2. 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

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. Enter date Form 943 was submitted to DOR.

2.3 Section 3. 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.

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.

https://www.sos.mo.gov/business/startBusiness.asp https://www.sos.mo.gov/business/startBusiness.asp

2.4 Section 4. 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 Certification, File

Response attachments are optional.

2.5 Section 5. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.

Attachments:

File Name or URL Type Description Certification Regarding Debarm

File

Response attachments are required.

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.

http://revisor.mo.gov/main/OneChapter.aspx?chapter=285

2.7 Section 7. 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 goods 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 the ten (10) dollar per acre tonnage fee (please refer to 2. in the Requirements Section) and 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-Fertilizer - Peck Ranch

400 ACR

E

2-Fertilizer - National Parks Service lands

460 ACR

E

3.2 Line Details

3.2.1 Line 1 Fertilizer - Peck Ranch

Category Name 10171600 -

CHEMICAL

FERTILIZERS AND

PLANT NUTRIENTS

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

3.2.2 Line 2 Fertilizer - National Parks Service lands

Category Name 10171600 -

CHEMICAL

FERTILIZERS AND

PLANT NUTRIENTS

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (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 Familiarity with Conditions Contractor's Obligation Children/Juveniles Use of Subcontractors Hazardous Conditions Assignment of Contract Amendments Applicable Laws Requirements Estimated Quantities Contractor Sample Assurance Substitutions Delivery Requirements Schedule of Services Quality Control Department's Option to Add/Remove Areas Reporting Requirements Invoicing and Payment Requirements Terms and Conditions Applicable Laws and Regulations Non-Discrimination and Affirmative Action Americans with Disabilities Act 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 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 Incoming and Outgoing Transition Contract Assignment Contractor Liability Insurance Single Point of Contact and Responsibility Contractor Status Subcontractors Participation by Other Organizations Substitution of Personnel Coordination 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 Compliance Review Business Compliance Requirements Clarifications and Corrections The Domestic Products Procurement Act Organization for the Blind and Sheltered Workshop Participation 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 http://www.sos.mo.

gov/adrules/csr/csr.asp.

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 http://www.sos.mo.gov/adrules/csr/csr.asp.

http://www.sos.mo.gov/adrules/csr/csr.asp.

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 fertilizer and delivery to Peck Ranch and National Park Service lands in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.

Familiarity with Conditions

The contractor shall understand and agree that it is their responsibility to become familiar with the conditions that exist prior to award of the contract. The contractor shall not be relieved of the performance of the provisions and requirements specified herein.

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.

Children/Juveniles

The contractor will agree that children or juveniles will not be allowed to accompany the contractor or contractor's employees on the job site.

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.

Hazardous Conditions

The contractor understands that there may be hazardous conditions, and the contractor hereby voluntarily accepts and assumes all risks from these conditions and agrees to incur these risks as a condition of the contract.

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.

Requirements

1. The contractor must deliver fertilizer mix meeting the following specifications per acre for National Parks Service fields and Peck Ranch Conservation Area fields:

• 30 lbs per acre of actual Nitrogen (N) plant food- Must be in form of ammonium nitrate

• 40 lbs per acre of actual Phosphorous (P) plant food

• 40 lbs per acre of actual Potassium (K) plant food

2. The contractor shall deliver the fertilizer by tender truck to any of the fields designated for fertilizer application. If a tender truck is unable to access a field, the contractor shall deliver the fertilizer by tender truck to the closest public road to the field designated for fertilizer application. Tonnage fee for fertilizer applications shall be figured at a firm, fixed price of $10.00 per acre not to exceed 1000 acres in total. The contractor agrees to pay the $10.00 per acre tonnage fee to whomever the Department designates to apply fertilizer, not to exceed 1000 acres.

Estimated Quantities

The quantities indicated in this IFB are estimates that pertain to the total aggregate quantities that may be ordered incrementally at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The Department makes no guarantee about single order quantities or total aggregate order quantities.

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.

Random field fertilizer inspections will be conducted by the Department of Agriculture and Department of Conservation to ensure contractor compliance with fertilizer mix ratio specifications.

Substitutions

The contractor shall not substitute any item that has 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.

Delivery Requirements

The contractor shall deliver fertilizer to Peck Ranch CA fields no later than October 10, 2026.

The contractor shall deliver fertilizer to National Parks Service fields no later than October 15, 2026.

Department staff will provide mapping of the specific fields that are to be fertilized. Contractor will contact Department wildlife biologist, Jonathan Fusaro at either, jonathan.fusaro@mdc.mo.

gov or by mobile phone at 401-742-0299, to coordinate on what fields will be fertilized on both Peck Ranch and National Parks Service lands.

The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the Department. Delivery shall include unloading shipments at the Department's dock or other designated unloading site as requested by the Department. All orders must be shipped F.O.B. Destination, Freight Prepaid and Allowed.

Schedule of Services

Fertilizing of all fields shall begin as early as September 1, 2026. All Peck Ranch fields should be fertilized no later than October 9, 2026 and National Parks Service fields should be fertilized no later than October 15, 2026. The contractor shall coordinate with the Department's wildlife biologist to limit disturbance of archery hunting which starts September 15, 2026 and continues through the duration of the contract period.

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.

Department's Option to Add/Remove Areas

The Department may add or remove areas or change the priority of work areas during the contract period. If the Department requests addtional services on areas, the days and times of services shall be mutually agreed upon. The prices stated on the Pricing Page shall remain in effect for any additions and/or changes in work areas or priorities throughout the contract period.

Reporting Requirements

1. Periodic Reports

On a weekly basis by no later than 15 calendar days after the end of the reporting period, the contractor shall provide the Department with a progress report outlining the following:

a. The specific activities performed/completed during the reporting period.

b. The specific activities completed to date and the completion dates of such activities.

c. The specific activities and projected completion date(s) remaining to be completed.

2. Records

The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with generally accepted accounting principles and other procedures specified by the Department.

a. The contractor shall make all such records, books, and other documents relevant to the contract available to the Department and its designees and the Missouri State Auditor in a format acceptable to the Department at all reasonable times during the term of the contract.

b. The contractor shall retain all such records according to the Department's retention period or the completion of an independent audit, whichever is later. If any litigation, claim, negotiation, audit, investigation, or other actions involving the records has been started before the expiration of the retention period, the contractor shall retain such records until completion of such action and resolution of all issues that arise from it.

mailto:jonathan.fusaro@mdc.mo.gov mailto:jonathan.fusaro@mdc.mo.gov

c. The contractor shall permit the Department, governmental auditors, and authorized representatives of the State of Missouri to audit or examine, copy, or investigate any of the contractor's records, procedures, books, documents, papers, and records recording receipts and disbursements of any of the funds paid to the contractor. Failure to retain adequate documentation for any service billed may result in recovery of payments for services not adequately documented. Any audit exception noted by governmental auditors shall not be paid by the Department and shall be the sole responsibility of the contractor. However, the contractor may contest any such exception by any legal procedure the contractor deems appropriate. The Department will pay the contractor all amounts which the contractor may ultimately be held entitled to receive as a result of any such legal action.

Invoicing and Payment Requirements

The contractor shall be paid in accordance with the firm, fixed price stated on the Pricing Page after acceptance of services by the Department.

1. Invoicing

The contractor shall submit to the Department an itemized invoice for fertilizer upon completion and acceptance of the Department's scope of work.

a. Invoices shall be mailed to:

Missouri Department of Conservation

Rt. 1, Box 1395

Winona, MO 65588

Or submitted electronically to: Jonathan.Fusaro@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:

3. Liquidated Damages a.

The contractor shall note that the liquidated damages listed are not intended to be punitive, but the criticalness of receiving the fertilizer in the timeline specified is critical to the Department's mission.

b.

The contractor may be assessed a 20% penalty of the per acre price for every pound of fertilizer not delivered by the dates specified herein. The contractor shall further agree and understand that such liquidated damages shall either be deducted from the total amount due to the contractor or paid by the contractor as a direct payment to the Department.

c.

The contractor shall understand that their performance of not meeting the deadline for the complete order may have a negative impact of future award opportunities.

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.

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 (https://purch.oa.mo.

gov/vendor-information/affidavit-work-authorization-annual-renewal).

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.

https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

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).

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 convenience of the Department, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and supplies delivered to and accepted by the

Department pursuant to the contract prior to the effective date of termination. The Department shall determine the value of any work in process, but not completed and accepted by the Department, based on the work products created and agreed to by both parties

Cancellation for Breach of Contract

a. In the event of material breach of the contractual obligations by the contractor, the Department may cancel the contract. At its sole discretion, the Department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. As specified by the Department, the actual cure must be completed within no more than ten (10) state business days from notification, or at a minimum the contractor must provide the Department within ten (10) state business days from notification a written plan detailing how the contractor intends to cure the breach.

b. If the contractor fails to cure the breach or if circumstances demand immediate action, the Department will issue a notice of cancellation terminating the contract immediately.

If it is determined the Department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

c. If the Department cancels the contract for breach, the Department reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the Department deems appropriate and charge the contractor for any additional costs incurred thereby.

d. 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 or where the funds are withheld by the governor, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor's withholding.

Incoming and Outgoing Transition

1. Incoming Transition

Upon Department authorization to proceed with services, the contractor shall work with the Department and any other organizations designated by the Department to facilitate an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the Department.

2. Outgoing Transition

Upon expiration, termination, or cancellation of the contract, the contractor shall work with the Department and any other organizations designated by the Department to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract. If requested by the Department, the contractor shall provide and/or perform any or all of the following responsibilities:

a. The contractor shall deliver, FOB Destination Freight, Prepaid and Allowed, all records, documentation, reports, data, recommendations, or printing elements, etc., which were required to be produced under the terms of the contract to the Department and/or to the Department's designee within seven (7) calendar days after receipt of the written request in a format and condition that are acceptable to the Department.

b. The contractor shall discontinue providing services or accepting new assignments, on the date specified by the Department, in order to ensure the completion of such service prior to the expiration of the contract.

c. If requested by the Department, the contractor shall agree to continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period of up to 180 calendar days (or 60 calendar days in the event of termination by the Department for breach) after the expiration, termination or cancellation date of the contract for a price not to exceed those prices set forth in the contract. If such request is made by the Department, an appropriate contract amendment will be issued.

d. Unless specified elsewhere herein, there shall be no additional costs paid to the contractor for transition services.

Contract Assignment

Any contract assignment, except as noted below, shall require prior written consent by the Department, which shall not be unreasonably withheld. However, the contractor may assign the contract without the Department's prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, contingent upon the assignee agreeing to be bound by all of the terms of the contract with the Department and all past due fees are paid in full. The contractor must notify the Department of all contract assignments, which shall be addressed in a contract amendment. Any other means of assignment shall be void and of no effect. Subject to the foregoing, the contract shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

Contractor Liability

The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the Department, including its employees and assignees, from every expense, liability, or payment arising out of such negligent act.

a. The contractor also agrees to hold the Department, including its employees and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed…