Micro Market Equipment-Qualified Vendors List QVL-IFB.docx
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- Solicitation number
- 300000286833717
- Issued by
- Missouri
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Invitation for Bid Summary
This is an Invitation for Bid (IFB) document issued by the Missouri Department of Social Services, Division of Finance and Administrative Services, Procurement Unit for Micro Market Equipment and related services. The IFB seeks to establish a Qualified Vendors List (QVL) of multiple suppliers to provide micro-market equipment, including self-pay kiosks and peripheral equipment such as scanners, payment terminals, and networking hardware for the Department's Family Support Division, Rehabilitation Services for the Blind locations throughout Missouri and federal government facilities within the state. Vendors must demonstrate a minimum of one year of experience in automated retail or micro-market solutions operations and management, and must provide documentation that their equipment is field-tested and fully compliant with ADA and Rehabilitation Services for the Blind standards, ensuring accessibility for customers with visual impairments and blind managers. The IFB was issued on October 9, 2026, with bids due by October 30, 2026 at 2:00 p.m. via MissouriBUYS. Historical spending data shows the previous contractor, Three Square Marketing, received $10,148.98 during the fiscal year ending June 30, 2024. The contract period shall run from the date of award through one year, with four optional renewal periods of one year each. The Department makes no guarantees regarding purchase quantities or total expenditure amounts.
Pricing will be established through a competitive quote process after contract award, with vendors required to submit firm, fixed-price quotes in response to the Department's requests for specific equipment and quantities. All pricing must include packing, handling, shipping, and freight charges FOB Destination, Freight Prepaid and Allowed, with no additional charges permitted. Vendors offering percentage discounts from current price lists must apply one uniform discount to all similar items and provide their lowest price; different discount percentages for different items or categories are not permitted. The Buy American Act preference applies, providing a ten percent price preference for domestically manufactured or qualifying products. Bonus preference points are available for participation by Organizations for the Blind or Sheltered Workshops (5-15 points), Service-Disabled Veteran Business Enterprises (3 points), and Honorably Discharged Veteran Enterprises. Vendors must be registered with MissouriBUYS in "Approved" status and "Spend Authorized" status to submit bids. Technical support must be provided Monday through Friday, 8:00 a.m. to 5:00 p.m. CT, with callback within two hours of reported issues. All equipment must include a minimum one-year parts and labor warranty. Vendors unable to provide quoted items at the stated price may be considered in breach and subject to contract cancellation; repeated failures to respond to quote requests or provide products as quoted may result in removal from the QVL.
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Missouri Department of Social Services Division of Finance and Administrative Services, Procurement Unit Invitation for Bid (IFB) # DSS 0000000013SL
Buyer: Sheri Menteer Phone: 573-522-3160 E-Mail: Sheri.Menteer@dss.mo.gov
Title: Micro Market Equipment - Qualified Vendors List (QVL) Contract Period: Date of Award through One Year
Issue Date: October 9, 2026
Return Bid By: October 30, 2026 by 2:00pm via MissouriBUYS
Description of Services Required:
The contractor shall provide Micro Market Equipment services for the Department of Social Services, Family Support Division, Rehabilitation Services for the Blind in accordance with the requirements stated herein.
The undersigned hereby agrees to provide the services, or items, or both, at the prices stated, pursuant to the requirements of this document and further agrees that when this document is countersigned by an authorized official of the Missouri Department of Social Services, a binding contract, as defined herein, shall exist between the contractor and the Department of Social Services.
| ________________________________________________________________________ | ______________________________ | |
| Authorized Signature | Date |
| ____________________________________________________________________ | ________________________________________________________ | |
| Printed Name | Title |
| ____________________________________________________________________ | _______________________________________________________ | |
| Bidder Name (Legal Name of Entity) | Contact Person E-Mail |
| ____________________________________________________________________ | ______________________________________________________ | |
| Mailing Address (Street or PO Box) | City, State Zip |
| _____________________________________ | _____________________________________ | _____________________________________ | ||
| Telephone | Fax | Taxpayer Id Number (TIN) |
Notice of Award (Department Use Only) Accepted by the Department of Social Services as follows:
| ______________________________________________________________________________ | __________________________________ | |
| Authorized Signature for the Department of Social Services | Date |
Solicitation Organization:
This document is divided into the following parts:
| Section 1: | Introduction and General Information |
| Section 2: | General Performance Requirements |
| Section 3: | Specific Performance Requirements |
| Section 4: | General Contractual Requirements |
| Section 5: | Payments to the Contractor |
| Section 6: | Bid Submission Information and Requirements |
| Attachment A: | Business Associate Agreement |
| Attachment B: | Domestic Products Procurement Act (Buy American) Preference |
| Attachment C: | Listing of Micro Market Equipment Department May Purchase |
| Exhibit 1: | QVL Minimum Experience and Eligibility Requirements |
| Exhibit 2: | Participation Commitment |
| Exhibit 3: | Documentation of Intent to Participate |
| Exhibit 4: | Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization |
| Exhibit 5: | Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion |
| Exhibit 6: | Miscellaneous Information |
| Exhibit 7: | Registration of Business Name with the Missouri Secretary of State |
Terms and Conditions
IFB # DSS 0000000013SL: Micro Market Equipment
| 1 | Introduction and General Information |
| 1.1 | This document constitutes an invitation for bids to establish a supply channel for Micro Market Equipment and related equipment for the Missouri Department of Social Services, for various Family Support Division, Rehabilitation Services for the Blind locations throughout the State of Missouri, and the federal government facilities throughout the State of Missouri, by means of establishing a Qualified Vendors List (QVL) of suppliers in accordance with the requirements and provisions as set forth herein. |
| 1.2 | This is a non-exclusive contract for the purchase of Micro Market Equipment and related equipment for the Department of Social Services, Family Support Division, Rehabilitation Services for the Blind (Department). The Department reserves the right to purchase services awarded under this contract from alternative sources, if deemed to be in the best interest of the Department. |
| 1.3 | QVL Minimum Experience and Eligibility Requirements: There are QVL minimum experience and eligibility requirements in the IFB (See Section 3.2. QVL Minimum Experience and Eligibility Requirements in Section 3: Specific Performance Requirements.) |
| 1.4 | The mission of the Missouri Department of Social Services is “Empower Missourians to live safe, healthy, and productive lives.” |
| 1.5 | The purpose of this QVL is to enable a more seamless procurement process, foster competition, and promote a consistent high-quality delivery of products regardless of market volatility. With consideration to a vendor’s inability to hold pricing for a substantial amount of time based on the high demand and required Micro Market Equipment and related equipment, the Department desires to establish contracts with qualified suppliers of the Micro Market Equipment and related equipment, as specified herein. |
| 1.6 | The Department intends to establish contracts with multiple vendors for use on an as needed, if needed basis in accordance with the usage and quoting requirements specified herein. The Department will make contract awards based upon the vendor’s compliance with the requirements specified herein. The awarded contracts are not viewed as exclusive contracts. The Department reserves the right to issue subsequent solicitations for the same or similar supplies. |
| 1.7 | The product information provided in this IFB represents mandatory specifications the Department anticipates purchasing. The Department makes no guarantees regarding the quantity of Micro Market Equipment and related equipment it will purchase. Vendors are advised NOT to provide pricing for the items at this time, as the information is intended only to provide potential vendors with specific requirements as well as for informational purposes only. |
| 1.8 | Questions Regarding the IFB: |
| 1.8.1 | It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the vendor 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 vendor’s ability to submit a bid. |
| a. | The vendor and the vendor’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their 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. Inappropriate contacts to other personnel are grounds for suspension or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the buyer. |
| b. | 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 addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB addendum. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal addendum to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document). |
NOTE: The only official position of the State of Missouri shall be that which is contained in the IFB and any addendums thereto.
1.9 Background and Historical Usage Information:
The Department is responsible for vending services in state and federal office buildings in the State of Missouri. By establishing a contract for Micro Market Equipment and related equipment, the Department can increase customer satisfaction. The Department may purchase equipment for sites run by the Department’s Business Enterprise Program or by contracting with vending services providers.
1.9.1 The following table represents the historical usage of the issuance of this IFB. These figures are for informational purposes only and shall not be construed as a guarantee about volume of purchases to be made under the new contract(s).
| Contract Number |
| Contractor Name |
| Spend Amount from July 1, 2023 through June 30, 2024 |
| CC230004001 |
| Three Square Marketing |
| $10,148.98 |
| 1.9.2 | There is no current contract for these products/services. The previous contract was CC230004001, which expired on November 30, 2024. |
| 1.9.3 | State Expenditures – The Missouri Accountability Portal (MAP) located on the Internet at: https://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the links to “Site Information” and “Disclaimer”. Then, search by the contract number shown above when searching for the financial information. |
| 1.10 | 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 IFB. |
| 1.11 | The contract period shall be from Date of Award through One Year, with four (4) optional renewal periods of one (1) year each. |
| 1.12 | The Department makes no guarantee of the number of units purchased under this contract or the amount of dollars expended. |
| 2 | General Performance Requirements |
| 2.1 | The contractor shall provide services in accordance with the provisions and requirements stated herein. Services purchased by the Department shall consist only of those services described herein. |
| 2.2 | Coordination |
| 2.2.1 | The contractor shall coordinate all contract activities with designated representatives of the Department. |
| 2.2.2 | The contractor shall attend and otherwise participate in orientation, planning and other meetings with the Department, as required. |
| 2.2.3 | In the course of providing the services required herein, the contractor shall collaborate with other agencies, resources and individuals as requested by the Department. |
| 2.3 | Correspondence |
| 2.3.1 | Within five (5) business days of contract award, the contractor shall provide the Department with the name, address, electronic mail (e-mail) address, and telephone number of the contractor’s representative servicing the contract. |
| 2.3.2 | The Department will use e-mail to transmit contract documents and other correspondence to the contractor. The Department shall encrypt emails to the contractor that contain information confidential by law to protect such from unauthorized disclosure. |
| 2.3.3 | The contractor shall encrypt any electronic correspondence containing information confidential by law. |
| 2.4 | Contractor’s Personnel |
| 2.4.1 | The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Section 274A (8 U.S.C. §1324a). |
| a. | If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent (25%) of the total amount due to the contractor. |
| b. | The contractor shall fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. |
| 2.5 | Subcontractors |
| 2.5.1 | 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: |
| a. | the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, |
| b. | shall not henceforth be in such violation, and |
| c. | 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. |
| 2.6 | Affidavit of Work Authorization and Documentation |
| 2.6.1 | Pursuant to section 285.530, RSMo, if the contractor meets the definition of a “business entity” as defined in section 285.525, RSMo, the contractor must affirm, maintain enrollment, and participate in the E-Verify federal work authorization program with respect to employees hired after enrollment who are proposed to work in connection with the contracted services. Prior to the award of a contract, the contractor must submit the applicable portions of the exhibit titled Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization, which includes documentation affirming the contractor's enrollment and participation in the E-Verify program and a completed, notarized Affidavit of Work Authorization. |
| a. | 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, the contractor must fulfill these same requirements prior to the performance of any services as a business entity under the contract. Specifically, the contractor must enroll and participate in the E-Verify program for applicable employees and provide the required E-Verify enrollment documentation and completed, notarized Affidavit of Work Authorization to the Department. |
| 2.7 | Debarment Certification |
| 2.7.1 | The contractor certifies by signing the signature page of this original document and any amendment signature page(s) that the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs. |
| 2.7.2 | The contractor must complete and submit the exhibit titled Certification Regarding Debarment prior to award of a contract. |
| 2.8 | Contractor Registration with Secretary of State |
| 2.8.1 | The contractor must complete and submit the exhibit Registration of Business Name with the Missouri Secretary of State prior to award of contract. |
| 2.9 | HIPAA |
| 2.9.1 | The Department is subject to and must comply with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) (collectively, and hereinafter, HIPAA) and all regulations promulgated pursuant to authority granted therein. |
| 2.9.2 | The contractor shall be a “Business Associate” of the Department, as defined in the Code of Federal Regulations (CFR) at 45 CFR 160.103, and shall comply with the provisions of the Business Associate Agreement attached hereto as Attachment A. |
| 2.9.3 | For purposes of Attachment A, “immediately” shall mean without hesitation and no later than fifteen (15) minutes after discovery or reasonable suspicion of an incident. |
| 3 | Specific Performance Requirements |
| 3.1.1 | The contractor acknowledges and agrees that the primary purpose of this contract is to establish a Qualified Vendors List (QVL) for future purchases of Micro Market Equipment and related equipment by the Department. The contract is intended to provide a supply of Micro Market Equipment on an as needed basis. All contractor responsibilities shall be performed in alignment with this purpose. |
| 3.1.2 | For the purposes of the contract, the terms “vendor” and “contractor” shall be interpreted to mean the same. |
| 3.1.3 | The contractor shall perform all services to the sole satisfaction of the Department. |
| 3.1.4 | Unless otherwise specified herein, the contractor shall furnish all material, labor, equipment, and supplies necessary to perform the services required herein. |
| 3.1.5 | Additional Contractors: Because the State of Missouri needs multiple contractors to effectively meet the Department’s demand for Micro Market Equipment and related equipment, the state reserves the right to issue additional solicitations to add more contractors subsequent to the initial award of contract(s). Qualifying vendors may be added as additional contractors, subject to the same requirements and considerations identified herein regarding award of contract. |
| 3.2 | QVL Minimum Experience and Eligibility Requirements |
| 3.2.1 | The contractor must meet or exceed the following minimum experience and eligibility requirements to be eligible for contract award and must maintain these standards for the duration of the contract: |
| a. | Experience Requirements: To be included on the Qualified Vendor List (QVL) for Micro Market Equipment, the vendor must demonstrate a minimum of one (1) year of experience in the operation and management of automated retail or micro-market solutions. |
| b. | Eligibility Requirements: To be included on the Qualified Vendor List (QVL) for Micro Market Equipment, the vendor shall provide documentation demonstrating that their micro-market equipment and technology are field-tested and fully compliant with ADA and Rehabilitation Services for the Blind (RSB) standards. The system must ensure unhindered accessibility for: |
| 1) | Customers: Full navigation of the shopping and payment process for users with visual impairments. |
| 2) | Managers: Total operational control for blind managers, including inventory management, reporting interfaces, and hardware maintenance tasks. |
| 3.3 | Qualified Vendor List (QVL) Utilization and Requirements: |
| 3.3.1 | In order to mitigate the Department’s risk of inadequate supply of Micro Market Equipment and related equipment, the awarded QVL contractors shall serve as the primary market supply channel for the Department delivery location(s) of Micro Market Equipment and related equipment in accordance with the provisions and requirements stated herein. |
| 3.4 | Quote Request Requirements: |
| 3.4.1 | Throughout the contract period, whenever the Department has a need for Micro Market Equipment and related equipment, the Department will issue a quote request to all contractors awarded under the QVL. Each QVL contractor shall provide a firm, fixed price quote for the specified equipment by the deadline stated in the request. The contractor shall be obligated to submit a quote when contacted by the Department. After following the steps outlined in section 3.4, the Department will evaluate all quotes received and issue purchase orders to the QVL contractor offering the lowest price for the requested equipment, using the criteria listed in section 3.5. |
| a. | The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quotes for products under the contract. |
| 3.4.2 | The QVL contractors will be contacted by the Department via email with the products and the firm quantities needed for that specific purchase. The QVL contractor shall provide pricing for the requested products by the deadline specified by the Department in order for the QVL contractor’s quoted firm, fixed price to be considered. If awarded the quote, the firm, fixed price quoted for the specific purchase shall be contractually binding with the QVL contractor for that specific order placement and fulfillment. |
| a. | In requesting quotes from QVL contractors, the Department will identify the following in their quote request to the QVL contractors: |
| 1) | Requesting entity name/address |
| 2) | Product Needed |
| 3) | Quantities Needed |
| 4) | Quote Request Issue Date |
| 5) | Quote Response Due Date |
| 6) | Delivery Timeframe Required |
| 7) | Specific delivery requirements (if needed). |
| 8) | Contact Name and Email Address or Fax Number for Quote Submission |
| b. | Pricing: The QVL contractors shall price the specific product(s) based on the requested firm quantity, unit of measure, the mandatory specifications herein, and any additional specifications identified in the quote request by the Department. The contractor shall apply available discounts and other promotional pricing that may apply to the agency’s quote request. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. |
| 1) | All pricing shall include all packing, handling, shipping, and freight charges FOB Destination, Freight Prepaid and Allowed. The State of Missouri shall not make additional payments or pay add-on charges for freight or shipping. |
| 2) | If the contractor offers a percentage discount from their current price list(s) or catalog(s) for Micro Market Equipment and related equipment, the discount must be included in the price quote submitted to the Department. The contractor shall provide one (1) uniform percentage discount that applies to all items in their current price list/catalog(s) that are similar to the items listed in Attachment C, Listing of Micro Market Equipment Department May Purchase. Offering different discount percentages for different items or categories is not permitted. |
| In the event that a price list/catalog lists more than one price for the same item, the applicable quoted discount shall be applied to the lowest listed price. The State of Missouri shall always receive the contractor’s lowest price for the item. | |
| The contractor shall furnish current price lists/catalogs or trade pricing (with products clearly identified) to the Department upon request. Price lists/catalogs or trade pricing shall also be promptly provided to the Department as the catalogs change or pricing is updated. | |
| 3) | Quote requests may be changed by the Department, but the Department will be required to notify all of the QVL contractors from which they requested quotes of the change(s). |
| c. | If a contractor is unavailable to provide the quote-requested item(s) in the specified timeframe needed, the contractor should identify the timeframes in which they could provide the products. |
| d. | Domestic Product Procurement Act (Buy American) Preference: In accordance with the Buy American Act, the QVL contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the Department will request the QVL contractor to complete and return Attachment B, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. This document must be thoroughly completed by the contractor for each price quote request. |
| 1) | QVL contractors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over vendors whose products do not qualify. |
| 2) | The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met. |
| 3) | If the QVL contractor claims there is only one line of the good manufactured or produced in the United States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract. |
| 4) | If the lowest priced QVL contractor qualifies as American-made or in the event all of the QVL contractors or none of the QVL contractors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced QVL contractor does not qualify for the Buy American Preference but other QVL contractors do qualify, then the low QVL contractor’s price(s) is increased by 10% for those items not eligible for the Buy American Preference. |
| 3.4.3 | The State of Missouri reserves the right to cancel the contract of a QVL contractor who consistently fails to respond to the Department’s requests for quotes, responds to the Department’s request for quotes but withdraws their pricing prior to an order being placed, or fails to provide product at the price provided in the quote. |
| NOTE: Contractors are advised that a response indicating a “No Bid” is considered a response and is compliant with contract requirements. However, repeated “No Bid” responses from the QVL contractor without approved justification may be considered as the contractor’s lack of desire to continue participation under the contract. | |
| 3.4.4 | The QVL contractor shall understand that each quote response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applicable. The QVL contractor should NOT include confidential material with their quote response. |
| 3.5 | Quote Request Evaluation: |
| 3.5.1 | For each quote response, the Department shall confirm the quote response meets the minimum requirements as stated in the quote request. For the responses which meet the Department’s minimum requirements, the Department shall consider (1) price and (2) any preference considerations identified in the contract award for the individual QVL contractors by the Department in determining the “lowest and best” quote received. |
| a. | More specifically, for those responses which meet the requesting entity’s minimum specification requirements, the evaluation shall be based upon (1) price including the evaluation of the Domestic Procurement Act and (2) any bonus points from the original IFB evaluation for Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), or Honorably Discharged Veteran Enterprise (HDVE) Participation. The contractor with the lowest cost that meets the Department’s needs shall be considered the “lowest and best” quote response and awarded the specific purchase, unless a vendor qualifies for Organization for the Blind/Sheltered Workshop, SDVE or HDVE bonus points in which case, cost and bonus points will determine the “lowest and best” quote response. The Department shall have the right to reject all responses and not make an award. |
| b. | In order to ensure the minimum specification requirements for the product are met, the state reserves the right to consider the QVL contractor’s quote response and any product sheets. |
| 3.5.2 | Evaluation of Cost – For each item quoted, the Department shall determine the lowest priced QVL contractor for that specific purchase by performing a cost evaluation in the following manner: |
| a. | A unit price conversion will be done to fairly evaluate quoted prices. However, the unit of measure proposed will be the unit of measure awarded. QVL contractors are encouraged to contact the Department prior to submission of their quote response to discuss anticipated unit modifications. The QVL contractor is cautioned that the State of Missouri reserves the right to clarify the unit of measure modification or to disqualify the quote response for each item specified on the requested quote if the unit of measure modification is not deemed appropriate or in the best interests of the State of Missouri. |
| b. | The firm, fixed unit price submitted for each item specified on the requested quote shall be multiplied by the respective requested firm quantity stated in the request for quote to determine the total cost per each item specified on the requested quote plus any application of the Domestic Product Act (Buy American) Preference (Attachment B) |
| c. | Upon determination of each QVL contractor’s total cost for each item specified on the requested quote, cost points shall be computed from the results of the calculation stated below using a scale of 200 possible points and the following formula: |
| Lowest Responsive QVL Contractor’s Price |
Compared QVL Contractor’s Price
| X |
| Maximum Cost Points |
(200 points)
| = |
| Assigned Cost points |
| d. | For those QVL contractors awarded bonus preference points during the evaluation, such bonus preference points shall be added to the QVL contractor’s cost evaluation points. The QVL contractor that meets the Department’s minimum requirements with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best QVL contractor, including consideration of preferences. |
| 3.5.3 | The Department will document their evaluation justification regarding their award determination of the “lowest and best” quote for each item specified on the requested quote at the time the quote is awarded. |
| 3.5.4 | The Department will inform all responding QVL contractors of the outcome of the quote request’s award. Acceptance of the quote, unless otherwise specified, is not authorization to proceed with shipment of products. The Department must provide authorization to proceed through issuance of a purchase order or specific written authorization to ship. |
| 3.5.5 | In the event all quote responses fail to meet the Department’s needs, the Department may reject all responses and cancel the quote request. |
| 3.6 | Purchase Order Requirements by Department: |
| 3.6.1 | The Department shall purchase the items specified in the awarded price quote from the awarded QVL contractor (as determined by section 3.4). |
| a. | If the QVL contractor cannot provide the awarded items in the price quote, the QVL contractor may be considered in breach of contract and subject to the remedies specified herein. |
| b. | The Department will document each instance of the QVL contractor’s inability to provide the awarded items as required. If the QVL contractor continually or consistently is unable to provide the awarded items as required, the Department may elect to cancel the applicable QVL contractor’s contract. |
| c. | If the QVL contractor cannot fulfill the price quote awarded, the Department reserves the right to use the next highest scoring QVL contractor (as determined in accordance with section 3.5). |
| 3.6.2 | Orders for any awarded item(s) not delivered by the delivery date stated in the request for quote may be cancelled at no cost to the State of Missouri. The state reserves the right to proceed to the next highest QVL contractor as stated in paragraph 3.6.1 c. or purchase such item(s) elsewhere if deemed necessary. Any additional costs incurred by the state as a result of the QVL contractor’s failure to deliver may be the responsibility of the QVL contractor. |
| 3.7 | Technical Performance/Product Requirements: |
| 3.7.1 | Product Requirements/Specifications: |
| a. | The contractor shall provide the following Micro Market equipment: self-pay kiosks and all necessary peripheral equipment (e.g., scanners, payment terminals, networking hardware) that comply with all mandatory specifications, including the ADA and RSB standards defined in section 3.2. |
| b. | Attachment C provides a non-exhaustive reference of Micro Market equipment the Department may purchase. The Department reserves the right to request the most current, upgraded version of any item listed on Attachment C at the time of order, provided it meets or exceeds the original specifications. |
| c. | Technical Support: The contractor must provide technical/help desk support Monday through Friday, 8:00 a.m. to 5:00 p.m. CT, excluding state holidays. |
| 1) | The contractor must provide a contact phone number for the Department to report technical system problems. The contractor shall provide a callback within two (2) hours after a technical support issue is reported. |
| d. | Warranty: The contractor must provide a minimum one (1) year parts and labor warranty on all new equipment. |
| e. | Demonstration: Equipment demonstration requests may be included in the request for quote issued to the contractors, as needed. If conducted, such demonstration should be in-person at a site determined by the Department. The State of Missouri reserves the right to conduct demonstrations only with vendors that submitted acceptable proposals that meet all of the mandatory requirements of the quote. The demonstration should be constructed to clarify the functional capabilities of the proposed equipment. Travel and attendance expenses incurred by the vendor shall be the responsibility of the vendor. All arrangements and scheduling shall be coordinated by the Department. |
| 1) | The demonstration shall be conducted at no cost to the Department; therefore, no compensation shall be made to the vendor regarding participation in the demonstration. |
| f. | Equipment Set-Up and Equipment Training: The contractor shall provide equipment set-up and equipment training at the request of the Department. At the time the Department requests a price quote, any equipment set-up and equipment training shall be included with price quoted for the Micro Market equipment. |
| g. | Product Literature: At the request of the Department, the contractor shall provide booklets/pamphlets on Micro Market equipment as it comes available on the market. The requested documentation should provide detailed specifications and the working mechanism of the equipment. |
| 1) | The contractor shall provide an owner’s manual/guide on products purchased at the time of purchase or no later than the designated delivery date of the equipment. |
| h. | Estimated Quantities: The quantities indicated in this Invitation for Bid are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The Department makes no guarantees about single order quantities or total aggregate order quantities. |
| 3.7.2 | Performance Requirements: |
| a. | Substitutions: The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the Department. |
| 1) | In the event an item becomes unavailable, the contractor shall be responsible for providing a suitable substitute item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract. |
| 2) | 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 state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The Department shall be the final authority as to acceptability of any proposed substitution. |
| 3) | The Department reserves the right, at its sole discretion, not to require an item substitution if such substitution is deemed unreasonable. 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. |
| b. | Replacement of Damaged Product: The contractor shall be responsible for repairing or replacing any item or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement. |
| 3.8 | Delivery & Acceptance Requirements: |
| 3.8.1 | At the time the Department determines its need to purchase Micro Market Equipment and related equipment, the Department will include a required delivery timeframe. Contractors or contractor’s subcontractor(s) will be required to state a specific delivery time for the specific order within their price quote response. 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. The delivery must be stated in calendar days after receipt of the order (ARO) or authorized P-card transaction notice. The delivery days quoted shall be contractually binding for that specific order. |
| a. | All orders received on the last day of the contract must be shipped at the contract price. All deliveries must be coordinated with the Department. |
| b. | If delivery to the Department is requested, the contractor must price and provide delivery F.O.B Destination, Freight Prepaid and Allowed (which may be provided through a courier). The contractor’s quote response, including pricing, shall remain valid for 30 calendar days from the quote due date unless a different validity timeframe is otherwise specified in the Department’s quote request. |
| c. | Failure by the contractor to deliver according to the specified requirement may result in contract cancellation and suspension from future QVL contractor’s list. |
| 3.8.2 | The QVL contractor shall not attempt to make delivery to any facility on official state holidays. A list of official state holidays may be found on the State of Missouri website at http://oa.mo.gov/personnel/state-employees/hours-work-overtime-and-holidays. Deliveries that would occur during days a state office is closed shall be made within 3 subsequent business days. |
| 4 | General Contractual Requirements |
| 4.1 | General: |
| 4.1.1 | The contract shall consist of the Invitation for Bid (IFB) and any amendments, attachments and exhibits thereto; the bid submitted by the contractor in response to the IFB, as accepted by the Department; and any subsequent amendments to the awarded contract. |
| 4.1.2 | This contract shall be construed according to the laws of the State of Missouri. The contract governs the terms and conditions of the contracted services provided by the contractor. 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, such provision(s) 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 the Department. |
| a. | The agreement will be read and enforced as though every provision of law and clause required by law to be inserted herein were included. If any such provision is not inserted, then upon the notification of either party the agreement will be amended to make such correction. |
| 4.1.3 | The exclusive venue for any legal proceeding relating to or arising out of the contract shall be in the Circuit Court of Cole County, Missouri. |
| 4.1.4 | The contractor shall comply with all local, state and federal laws and regulations related to the performance of the contract. |
| 4.1.5 | The contractor certifies that the contractor and each of its principals (owners, director and others as defined by 2 CFR Part 180) are not suspended or debarred from contracting with the federal government. In the event the contractor or any of its principals become suspended or debarred during the contract period, the contractor shall immediately send written notification to the Department. |
| a. | Suspension or debarment of the contractor, or failure by the contractor to provide written notification of suspension or debarment to the Department, may result in immediate termination of the contract. |
| 4.1.6 | The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the Department. |
| 4.1.7 | As authorized under sections 432.230 and 432.255 RSMo, the use of electronic signatures shall be permitted for contract documents. Additionally, contract documents maintained in electronic format shall be considered the official, legal record and shall have the same force and effect, as would a paper document. |
| 4.2 | Amendment, Renewal and Termination: |
| 4.2.1 | The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period. |
| 4.2.2 | Any change to the contract, whether by modification or supplementation, shall be accomplished by a formal, written contract amendment. Oral agreements or agreements confirmed by e-mail or otherwise to modify the contract shall not be enforceable. |
| 4.2.3 | The Department shall have the right, at its sole option, to renew the contract by written notice to the contractor. In the event the Department exercises its renewal option, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal period. |
| 4.2.4 | Either party, with or without cause, may terminate the contract by giving 60 calendar days advance written notice to the other party. The termination shall be effective 60 calendar days from the date of notice or the date specified in the notice. The Department reserves the right to withdraw all clients before the end of the 60 calendar day period, if applicable. |
| 4.2.5 | The Department may terminate the contract for breach of contract by providing the contractor with written notice of termination. |
| a. | The termination shall become effective on the date specified in the notice. |
| b. | The Department shall not pay for services rendered or goods provided after the termination of the contract. |
| 4.2.6 | At its sole discretion, the Department may give the contractor an opportunity to cure the breach. Any opportunity to cure the breach will be provided to the contractor in writing. |
| 4.2.7 | The Department shall deem any written notice to the contractor sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail (e-mail), or otherwise delivered to an authorized employee of the contractor or the contractor's address of record. |
| a. | The contractor shall notify the Department within ten (10) business days of any change to the contractor's address of record or mailing address, or both. |
| 4.2.8 | In the event of termination all client records, documentation, data, reports, supplies, equipment and accomplishments prepared, furnished, acquired or developed by the contractor, as a direct requirement specified in the contract, shall become the property of the Department. |
| a. | Upon termination of the contract, the contractor shall maintain, store, transfer, dispose and provide for the authorized release of all client records, documentation, data, reports, supplies, equipment and accomplishments developed by the contractor as a requirement of the contract, as directed by the Department. The contractor shall not destroy or dispose of any such records, documentation, data, reports, supplies, equipment and accomplishments without the prior, written permission of the Department. |
| b. | Upon termination of the contract, the Department shall have access to all client records pertaining to the performance of the contract. As requested by the Department, the contractor shall make available to the Department all client records and documents prepared or developed as a result of the contract. |
| 4.2.9 | Upon expiration, termination, or cancellation of the contract, the contractor shall assist the Department to ensure an orderly transfer of responsibility or the continuity of those services required under the terms of the contract to an individual or organization designated by the Department, if requested in writing. The contractor shall provide or perform all the following responsibilities: |
| a. | The contractor shall deliver, FOB destination, 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 or to the Department's designee within seven calendar (7) days after receipt of the written request. |
| b. | If requested by the Department through a formal amendment to the contract, the contractor shall continue to provide all the services. The contractor shall provide the services in accordance with the terms and conditions, requirements and specifications of the contract. The contractor shall provide the services for a period not to exceed 30 calendar days after the expiration, termination or cancellation date of the contract. The contractor shall provide the services for a price not to exceed those prices set forth in the contract, |
| c. | The contractor shall discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the Department, to ensure the completion of such service prior to the expiration of the contract. |
| 4.3 | Subcontracting: |
| 4.3.1 | The Department reserves the right to approve any subcontractor utilized by the contractor for the services/products required herein. The Department, at its sole discretion, may require such approval prior to the utilization of any subcontractor. In the event the Department requires prior approval to subcontract, the contractor shall provide notification of its intent to subcontract within the timeframe specified by the Department. |
| 4.3.2 | The utilization of a sub-contractor shall in no way relieve the contractor of the responsibility for providing the services required herein. |
| 4.3.3 | Any subcontracts for the services/products described herein shall be in writing and shall include all provisions and contractual obligations, including all requirements of the contract’s General Contractual Requirements, that are necessary to ensure the successful fulfillment of all obligations under the contract that are performed by a subcontractor. |
| 4.3.4 | Any subcontracts must ensure that the Department is indemnified, saved and, held harmless from and against all claims of damage, loss, and costs (including attorney fees and litigation expenses) of any kind related to a subcontract in those matters described in the contract between the Department and the contractor. |
| 4.3.5 | The contractor shall be solely responsible for all legal and financial responsibilities related to the execution of a subcontract. |
| 4.4 | Conflict of Interest: |
| 4.4.1 | The contractor certifies that the contractor has no other contractual or other relationships, which create any actual, or appearance of conflict of interest. During the term of the contract, neither the contractor nor any of its employees shall acquire any other contractual relationships, which would create such a conflict. |
| a. | In the event the contractor becomes aware of any circumstances that may create a conflict of interest the contractor shall immediately take such actions to mitigate or eliminate the risk of harm caused by the conflict or appearance of conflict. |
| b. | The contractor shall promptly, fully disclose and notify the Department of any circumstances that may arise that may create a conflict of interest or an appearance of conflict of interest. The contractor shall submit such notification to the Department in writing within seven (7) business days after the contractor discovers a conflict or appearance of a conflict. |
| c. | In the event that the Department determines that a conflict or an appearance of a conflict exists, the Department may take any action that the Department determines is necessary to mitigate or eliminate the conflict or appearance of a conflict. Such actions may include, but are not limited to: |
| 1) | Exercising all the Department’s rights and remedies under the contract, up to and including terminating the contract with or without cause; |
| 2) | Directing the contractor to implement a corrective action plan within a specified time frame to mitigate, remedy or eliminate the circumstances which constitute the conflict of interest or appearance of conflict of interest; or |
| 3) | Taking any other action that the Department determines is necessary and appropriate to ensure the integrity of the contractual relationship and the public interest. |
| 4.4.2 | In accordance with state and federal laws and regulations, state executive order or regulations, the contractor certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with their performance of the contracted services. No person having such interest shall be employed or conveyed an interest, directly or indirectly, in the contract. |
| 4.4.3 | The contractor certifies that: |
| a. | No State of Missouri employee assisted the contractor in obtaining this contract or will participate in the performance of this contract if such involvement constitutes a conflict of interest; |
| b. | No State of Missouri employee shall be compensated under this contract for duties performed in the course of his/her state employment; and |
| c. | Before any State of Missouri employee may be involved in the performance of this contract written approval shall be obtained from the Director of the Department. |
| 4.4.4 | No monies provided by the Department under this contract shall be used to promote or further nepotism. |
| 4.4.5 | The contractor shall not represent itself, its employees, or its subcontractor's, as employees of the Department or the State of Missouri. |
| 4.5 | Business Compliance: |
| 4.5.1 | The contractor must comply with applicable laws regarding conducting business in the State of Missouri and certifies by signing this contract that it and any subcontractors are presently, and will remain, in compliance with such laws. |
| 4.5.2 | The contractor shall have and maintain current and in good standing, all licenses and certifications that are required by law, rule or regulation for the duration of the contract. |
| a. | The contractor shall notify the Department if the contractor’s license(s) or certification(s), or both have or may be terminated, revoked, modified or qualified within seven (7) business days. |
| b. | The contractor shall notify the Department, within seven (7) business days, if the contractor becomes aware that the contractor or its agents, officers or employees are under any investigation. Under investigation shall mean by law enforcement, governmental agency, or other entity with authority to investigate, revoke, suspend or take action against any license or certification that the contractor, its agents, employees or officers, may have to conduct business. |
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