MDC 0000000258SL_SUPPLIER.pdf

INVITATION FOR BID (IFB) MDC 0000000258SL

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer TANYA SENFT Location

Phone Fax

E-mail Tanya.Senft@mdc.mo.gov

State of Missouri

Missouri Department of Conservation

RESPONSES ARE DUE NO LATER THAN: October 9, 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 the date of award through one (1) year.

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. Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE) 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...10

2.5 Section 5. 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 Rebel's Cove Forest Stand Improvement

Buyer TANYA SENFT Outcome Blanket Purchase Agreement

E-Mail Tanya.Senft@mdc.mo.gov

1.2 Schedule

Close Date 10/09/2026 2:00 PM Open Date 09/25/2026 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 BRICE KELSO

Tour Contact Phone # 660-785-2420 Tour Contact Email BRICE.KELSO@MDC.MO.GOV

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 2

1.6 Attachments

File Name or URL Type Description Attachment 1 - Map.pdf File Map Attachment 2 - TSI Details.pdf File TSI Details Attachment 3 - Herbicide Requi File Herbicide Requirements

2 Requirements *Response is required

2.1 Section 1. Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE) Participation Commitment

*1.

Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE) Participation Commitment If the supplier is committing to Organization for the Blind/Sheltered Workshop and/or SDVE and/or HDVE Participation (as outlined herein), either through subcontractor participation or if the supplier is a qualified Organization for the Blind/Sheltered Workshop, SDVE, and/or HDVE Participation, the supplier must provide the required information below for each organization proposed in order to receive evaluation consideration for the Participation.

Blind/Sheltered Workshop Resources:

A list of Missouri sheltered workshops may be found at the following websites:

Listing of Missouri Sheltered Workshops: http://dese.mo.gov/special-education/sheltered-workshops/directories Missouri Sheltered Workshops Products/Services Locator: http://moworkshops.

org/services.html

The websites for the Missouri Lighthouse for the Blind and Alphapointe Association for the Blind may be found at the following websites:

http://www.lhbindustries.comand http://www.alphapointe.org

Participation Commitment Submission Instructions For each Organization for the Blind/Sheltered Workshop proposed, the supplier must:

1. identify the name of each qualified Organization for the Blind/Sheltered Workshop,

2. describe the proposed products/services and/or identify the solicitation paragraph title/number which requires the proposed products/services,

3. if the participation is not proposed throughout the life of the contract, then identify specifically when, during the term of the contract, the proposed products/services would be provided/performed, and

4. enter the committed participation percentage of the actual total contract value in the appropriate section.

The services performed or the products provided by the listed Organization for the Blind/Sheltered http://dese.mo.gov/special-education/sheltered-workshops/directories http://dese.mo.gov/special-education/sheltered-workshops/directories http://moworkshops.org/services.html http://moworkshops.org/services.html http://www.lhbindustries.com/ http://www.alphapointe.org/

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.

Missouri Veteran Business Enterprise Preference Pursuant to sections 34.069 and 34.074 RSMo, and 1 CSR 40-1.050, the Department has a goal of awarding three percent (3%) of all contracts for the performance of any job or service to qualified Service-Disabled Veteran Business Enterprises (SDVEs) and Honorably Discharged Veteran Business Enterprises (HDVEs).

QUALIFIED SDVE:

The following definitions shall be used in determining whether an individual, business, or organization qualifies as an SDVE:

• In order to be considered a qualified SDVE for purposes of this solicitation, the supplier must be certified as an SDVE by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the bid opening date;

• Doing business as a Missouri firm, corporation, or individual maintaining a Missouri office or place of business, not including an office of a registered agent;

• Having not less than fifty-one percent (51%) of the business owned by one (1) or more service-disabled veterans (SDVs) or, in the case of any publicly owned business, not less than fifty-one percent (51%) of stock of which is owned by one (1) or more SDVs.

(An SDV is defined as any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs);

• Having the management and daily business operations controlled by one (1) or more SDVs; and

• Possessing the power to make day-to-day as well as major decisions on matters of management, policy, and operation.

QUALIFIED HDVE:

The following definitions shall be used in determining whether an individual, business, or organization qualifies as an HDVE:

• In order to be considered a qualified HDVE for purposes of this solicitation, the supplier must be certified as an HDVE by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the bid opening date;

• Doing business as a Missouri firm, corporation, or individual maintaining a Missouri office or place of business, not including an office of a registered agent;

• Having not less than fifty-one percent (51%) of the business owned by one (1) or more honorably discharged veterans (HDVs) or, in the case of any publicly owned business, not less than fifty-one percent (51%) of stock of which is owned by one (1) or more HDVs. (An HDV is defined as any individual who is honorably discharged from any branch of the United States Armed Forces as certified by the appropriate federal agency responsible for the administration of veterans' affairs;

• Having the management and daily business operations controlled by one (1) or more HDVs; and

• Possessing the power to make day-to-day as well as major decisions on matters of management, policy, and operation.

Select all that apply:-

a. Organization for the Blind/Sheltered Workshop

b. Yes, the supplier submitting the response to the solicitation is an OEO-certified SDVE at the time of the bid opening date.

c. Yes, the supplier submitting the response to the solicitation is an OEO-certified HDVE at the time of the bid opening date.

d. None

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

*1.a.1. Identify the name of each qualified Organization for the Blind/Sheltered Workshop.

Response attachments are required.

*1.a.2. Describe the proposed products/services and/or identify the solicitation paragraph title/number in the scope of work which requires the proposed products/services.

*1.a.3. If the participation is not proposed throughout the life of the contract, then identify specifically when, during the term of the contract, the proposed products/services would be provided/performed.

*1.a.4. Enter the committed participation percentage of the actual total contract value.

*1.a.5. If the supplier is proposing to include the participation of an Organization for the Blind/Sheltered Workshop in the provision of the products/services required in the solicitation, the supplier must either provide this exhibit or letter of intent recently signed by the proposed Organization for the Blind/Sheltered Workshop documenting the attached information with the supplier's response.

Attach the completed exhibit or letter of intent and enter "complete" below.

Attachments:

File Name or URL Type Description Documentation of Intent to Par

File

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.

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.

*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.

Response attachments are optional.

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" (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.

Response attachments are optional.

2.5 Section 5. Employee/Conflict of Interest

*1. Suppliers who are 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 105.450 to 105.458, RSMo, regarding conflict of interest. If the supplier or any owner of the supplier's organization is currently an elected or appointed official or an employee of the State of Missouri or any political subdivision thereof, please provide the following information. The information must be provided prior to the award of a contract.

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

Select one of the following:-

a. No - Not Applicable

b. Yes

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

*1.b.1. Name and title of elected or appointed official or employee of the State of Missouri or any political subdivision thereof:

*1.b.2. If employee of the State of Missouri or political subdivision thereof, provide name of state agency or political subdivision where employed:

*1.b.3. Percentage of ownership interest in supplier's organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof:

3 Lines Instructions The supplier shall provide firm, fixed prices for providing the services for all line items below. All costs associated with providing the required services 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-Block 1, Compartment 3

114 ACR

E

2-Block 2, Compartment 3

100 ACR

E

3.2 Line Details

3.2.1 Line 1 Block 1, Compartment 3

Category Name 10152000 - TREE

AND SHRUB SEEDS

AND CUTTINGS

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

3.2.2 Line 2 Block 2, Compartment 3

Category Name 10152000 - TREE

AND SHRUB SEEDS

AND CUTTINGS

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 IFB Questions Tour Information Scope of Work General Requirements Familiarity with Conditions Contractor's Obligation Use of Subcontractors Assignment of Contract Amendments Applicable Laws Performance Requirements Department's Option to Add/Remove Areas Certification Requirements Invoicing and Payment Requirements Terms and Conditions Applicable Laws and Regulations Americans with Disabilities Act Authorized Personnel/E-Verify Business Registration Elected or Appointed Officials and Employees Indemnification Legal Proceedings 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 Contract Assignment Contractor Liability Single Point of Contact and Responsibility Contractor Status Subcontractors Participation by Other Organizations Substitution of Personnel Coordination Confidentiality and Security Documents

Actions, Suits, or Proceedings 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 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 Organization for the Blind and Sheltered Workshop Participation Prerequisites Missouri Veteran Business Enterprise 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.

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

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

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.

Tour Information

Suppliers interested in touring the areas specified herein prior to the submission of a bid should contact Brice Kelso at (660) 785-2420 or via email at Brice.Kelso@mdc.mo.gov.

1. Purpose of Tour

The purpose of the tour is to provide suppliers with the opportunity to inspect, examine, and assess the area to determine any existing conditions and factors that may affect the performance of the services required herein.

2. Special Accommodations

Suppliers are strongly encouraged to advise the Department, at least five (5) calendar days prior to their scheduled tour of the area, of any special accommodations needed so that the accommodations can be made.

mailto:Brice.Kelso@mdc.mo.gov

Scope of Work

General Requirements

The contractor must follow the following general requirements:

1. Periods of Service

a. The contractor may begin work after award of the contract, or at the discretion of the Department. The contractor must complete services herein no later than March 15, 2027.

b. The Department reserves the right to cancel any scheduled service.

c. The contractor must understand and agree that no services shall be performed during fall 2026 modern firearms deer hunting season or youth only firearms deer season. The contractor can locate hunting dates through any Department office or on the Department's public website, http://mdc.mo.gov/hunting-trapping.

2. Forest Stand Location

a. The subject area is located in Compartment 3 on Rebel's Cove Conservation Area, located in Schuyler County, Missouri. Work location map is found on Attachment 1.

b. The Department will provide area maps with access road, conservation area, and stand boundaries.

c. The Department makes no guarantee to the actual number of acres that will be serviced within each Block.

d. See Attachment 2 for detailed information on each stand, acreage, and prescribed treatments per stand.

3. Prescription Treatments

a. All trees treated and released shall be selected by the Department according to the prescribed treatments and desired residual basal area or trees.

b. The contractor must release healthy trees. The most desirable species to release are swamp white oak, bur oak, white oak, chinkapin oak, post oak, black oak, northern red oak, blackjack oak, pin oak, hickory species, black walnut, black cherry, hackberry, and all other native tree species.

c. The contractor must cut all honey locust, eastern red cedar greater than 6 feet in height and 2 inches DBH.

d. The contractor must fell all ash trees that are 8 inches DBH or greater within one hundred (100) feet of a designated trail.

e. The contractor must cut down, to the ground, any hanging or leaning trees that pose a danger.

f. All spring poles created by the contractor must be released.

4. Den Tree Specifications

a. The Department wishes to retain desirable wildlife den trees. Desirable wildlife trees are:

http://mdc.mo.gov/hunting-trapping.

• living trees that currently exhibit active den tree characteristics and/or branching characteristics that are favorable turkey roosting sites.

• dead or cavity trees, unless they pose a significant danger to the contractor or the public.

b. As a general rule, the contractor must leave seven (7) snags or living den trees per acre.

c. The contractor must retain any other trees as designated by the Regional Operations

Supervisor or designee.

6. Methods of Treatment

The contractor shall understand and agree that felling selected trees is the only preferred mechanical method of treatment. Girdling is not permitted. Definitions of methods are as follows:

a. Felling: Stem is to be completely cut down with a stump height no higher than 12 inches above the soil line on the uphill side.

b. Chemical treatment: All tree and shrub stumps, except for eastern red cedar, shall be treated with an approved herbicide within 15 minutes of cutting. Cutting and treatment of stumps shall not be permitted during rainfall. The contractor shall be responsible for providing herbicide and/or mix herbicide. The contractor must apply, store, and dispose of herbicide at rates and methods pursuant to manufacturer's instructions. The contractor must also obtain Department approval of the type and rate of chemical(s) being applied prior to application. Please refer to Recommended Herbicide Standards included as Attachment 3 for more details.

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.

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.

Performance Requirements

The contractor must follow these performance requirements:

1. Conservation Area Requirements

a. Under the direction of the MDC Regional Operations Supervisor, or their designee, the contractor must provide forest stand improvement services for the Department on Rebel Cove Conservation Area in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.

b. The contractor must notify the Regional Operations Supervisor or their designee of any changes in labor arrangements, other than the labor arrangements agreed to herein.

c. The contractor must not dump or dispose of any oil, hydraulic fluid, or other petroleum products on the Department's property.

d. The contractor must take immediate and independent action to prevent and suppress fires caused by the contractor in or near the work area.

e. All vehicles used by the contractor, including ATV's, are to stay on established roadways unless a Special Use Permit is issued by the Department to utilize existing service roads and trails. A Special Use Permit will by issued by the Department to access stands via any fields during dry conditions only. Individual stands are accessible by foot.

f. The contractor must not construct any trails without the consent of the Regional Operations Supervisor or their designee.

g. The contractor must carry out operations in such a manner as to cause least damage to the habitat in the vicinity. The Regional Operations Supervisor, or their designee, may terminate the operation temporarily if the operation is detrimental to the land or it is determined to be in the best interest of the Department.

h. The contractor must take all precautions to avoid felling or damaging any known threatened or endangered maternity roost trees at any time. If threatened or endangered maternity roost trees are known, they will be given a buffer to be marked by a Department representative and the contractor will be notified as soon as possible.

i. The contractor must repair any damage to fences as a result of work performed.

2. Forest Stand Requirements

a. Trees treated by the contractor must be dead at the stump cut within two (2) growing seasons of treatment date.

b. The contractor must remove treetops from all perennial and intermittent streams.

c. The contractor must understand and agree that large, dead trees with loose bark will be left in place to provide Indiana Bat (Myotis sodalis) habitat, unless within one hundred

(100) feet of a road, boundary line fence, firebreak line, parking lot, access trail, or campground. Large dead trees within one hundred (100) feet of the aforementioned boundaries will be felled.

d. All parts of trees must be removed from roads, fields, firebreak lines, parking lots, and all access trails. See Attachment 2 for exact locations of boundaries.

e. The contractor must protect all timber from damage that is not designated for treatment.

f. The contractor must not cut or damage any trees or markers designating the boundary lines.

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.

Certification Requirements

The contractor must be a Certified Commercial Applicator or Certified Public Applicator licensed by the Missouri Department of Agriculture. The contractor must provide documentation of compliance upon request by the Department.

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 services upon completion and acceptance of the Department's scope of work.

a. Invoices shall be mailed to:

Missouri Department of Conservation

Brice Kelso

3500 S. Baltimore Street

Kirksville, MO 63501

Or submitted electronically to: Brice.Kelso@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 contractor may obtain detailed information for payments issued for the past twenty-four (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.

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.

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.

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.

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.

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

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.

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 34.069 RSMo for Honorably Discharged Veteran Enterprises;

d. Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered

Workshops.

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, insurance, interest, penalties, termination payments, 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.

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 by or under the supervision of the contractor under the terms of the contract.

b. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the Department, including its employees and assignees.

c. Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the Department for losses or damages (other than those listed above); (2) loss of, or damage to, the Department's records or data; or (3) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.

Single Point of Contact and Responsibility

The contractor shall be the single point of contact and shall be responsible for the contract regardless of any subcontract arrangements.

Contractor Status

The contractor shall be considered an independent contractor and shall not represent itself, its employees, or its subcontractors to be employees of the Department. The contractor shall assume all legal and financial responsibility for salaries, taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc.

Subcontractors

a. The contractor shall assume and be solely responsible for fulfillment of all contractual obligations and all legal and financial responsibilities related to the execution of a subcontract.

b. The contractor shall understand and agree that utilization of a subcontractor to provide any of the services in the contract shall not relieve the contractor of the responsibility for providing the services specified herein. The contractor shall coordinate activities with the contractor's subcontractors. The Department will coordinate activities between the contractor and third-party vendors provided by the Department.

c. Except in cases where the Department's actions are the cause of a subcontractor claim, the contractor must ensure that the Department is indemnified, saved, and held harmless from all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters to the same extent the contractor indemnifies the state as described in the contract between the Department and the contractor.

d. The contractor must notify the Department upon establishing any new subcontracting arrangements related to the products and/or services provided to the Department as a result of the contract.

e. Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that:

• The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation.

• The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States.

Participation by Other Organizations

The contractor must comply with any Organization for the…