MODOT 0000000213SL_SUPPLIER.pdf

REQUEST FOR PROPOSAL (RFP) MODOT 0000000213SL

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer MELISSA HARBIAN Location

Phone Fax

E-mail MELISSA.HARBIAN@MODOT.MO.GOV

State of Missouri

Missouri Department of Transportation

Responses are preferred to be submitted electronically via MissouriBUYS, powered by MOVERS.

ATTENTION:

1. After reviewing the solicitation, the vendor 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. DocuSign

2.2 Section 2. Required Documents

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

4 Appendix: Alternate Lines

4.1 Instructions for Alternate Lines

4.2 Alternate Lines Template

5 Contract Terms

1 Overview

1.1 General Information

Title Transit Drug and Alcohol Program Services

Synopsis This Request for Proposal (RFP) from qualified Offerors to provide Transit Drug and Alcohol Program Services to the Missouri Highways Transportation Commission (MHTC) and the Missouri Department of Transportation (MoDOT), as set forth in this RFP. The contract period for the performance of this RFP is from the July 1, 2026 through June 30, 2028, with the Commission's right to extend the contract for three (3) additional one-year periods. MoDOT will receive proposal electronically through MissouriBUYS by MOVERS on or before 2:00pm CST, June 10, 2026.

Buyer MELISSA HARBIAN Outcome Blanket Purchase Agreement

E-Mail MELISSA.

HARBIAN@MODOT.MO.

GOV

1.2 Schedule

Close Date 06/10/2026 2:00 PM Open Date 04/24/2026 10:00 AM Time Zone Central Time

1.3 Additional Information

Pre-Bid/Pre-Proposal Conference Date and Time 00+00:00

Pre-Bid/Pre-Proposal Conference Location Tour Date and Time 00+00:00

Tour Location Tour Contact Name

Tour Contact Phone # Tour Contact Email

1.4 Solicitation Controls

Response Visibility Sealed

Lines Settings Rank Indicator No indicator displayed

Ranking Method Multiattribute scoring

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Minimum Release

Amount (USD) Payment Terms Net 45 Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

1.6 Attachments

File Name or URL Type Description Attachment 1 - Federal Clauses File

2 Requirements *Response is required

DocuSign Information MoDOT utilizes DocuSign as the method to secure electronic signatures for all contract agreements.

Supplier Response Documents The supplier must upload the necessary documents requested by MoDOT for the supplier to complete. The response documents include:

1. Exhibit 1 - Annual Worker Eligibility Verification Affidavit or Exhibit 2 - Affidavit of Lawful Presence for Sole- Proprietorship or Partnership

2. Exhibit 3 - Anti-Discrimination Against Israel Act Certification

3. Exhibit 4 - Certification Regarding Lobbying

4. Exhibit 5 - Pricing Page

2.1 Section 1. DocuSign

*1. Provide the name, e-mail address, and cell phone number of the person(s) authorized to sign an agreement resulting from this solicitation.

Comments:

2.2 Section 2. Required Documents

*1. Exhibit 1 - Worker Verification or Exhibit 2 - Applicant Affidavit for Sole Proprietorship Attach the Exhibit that applies to your business.

Attachments:

File Name or URL Type Description Exhibit 2 - SOLE-

PROPRIETORSHI

File

Exhibit 1 - Annual Worker Elig

File

Response attachments are required.

Comments:

*2. Anti-Discrimination Against Israel Act Certification

Attachments:

File Name or URL Type Description

Exhibit 3 - Anti- Discriminatio

File

Response attachments are required.

Comments:

*3. Certification Regarding Lobbying

Attachments:

File Name or URL Type Description Exhibit 4 - Certification Rega

File

Response attachments are required.

Comments:

*4. Pricing Page

Attachments:

File Name or URL Type Description Exhibit 5 - Pricing Page.

docx

File

Response attachments are required.

Comments:

3 Lines Instructions Suppliers must enter the total yearly amount in the Price field. Suppliers must submit a

Exhibit 5 - Pricing Page with detailed pricing.

3.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-Drug and Alcohol Program Services

EAC

H

3.2 Line Details

3.2.1 Line 1 Drug and Alcohol Program Services

To provide an alternate line, see appendix.

Category Name 85121810 - DRUG OR

ALCOHOL

SCREENING

Item Revision Allow Alternate Lines Yes Alternate Line Provided Yes No

Target Minimum Release Amount (USD)

Start Price (USD)

4 Appendix: Alternate Lines

4.1 Instructions for Alternate Lines

Alternate lines are allowed for some solicitation lines. For these lines, you can propose one or more alternatives by entering information for each alternate line in the format given below. Print and insert multiple copies as per your requirement.

4.2 Alternate Lines Template

Solicitation Line (Number and description of the solicitation line for which you have an alternative)

Example:1-xxxxxx where xxxxxx is the line description of first solicitation line.

Alternate Line Number (Enter only numbers in sequence starting with 1 for every alternate line)

Alternate Line Description

Response Price (For a solicitation line with cost factors, enter your line price in the cost factors table)

Response Minimum Release Amount

Note to Buyer

5 Contract Terms

MODOT 0000000213SL

Contract Terms and Conditions

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

1.2. Proposals to be Submitted by Officer or Employee

1.3. MHTC Rights Reserved

1.4. Personal Privacy Protection Act Notification

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

2.2. Offeror's Certifications

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

3.2. Background

3.3. Contract Period

3.4. Renewal Period

3.5. Schedule of Events

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1. Scope of Work

4.2. Specific Services

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND SUBMISSION

5.1. Required Elements of Proposal

5.1.1. Experience, Expertise and Reliability

5.1.2. Qualifications and Expertise of Key Personnel

5.1.3. Proposed Method of Performance

5.1.4. Proposed Fee

5.1.5. Demonstrated Reliability/References

5.1.6. Proposal Evaluation

5.2. Submission of Proposals

5.2.1. Electronic Proposal Format

5.2.2. Hard Copy Proposal Format

5.2.3. Signatures

5.2.4. Pricing

5.2.5. Proposal Life

5.2.6. Submission of All Information Required

5.2.7. Public Inspection

5.2.8. Clarification of Requirements

5.2.9. Initial Screening

5.2.10. Official Position of MHTC

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

6.1.1. Evaluation Criteria

6.1.2. Historic Information

6.1.3. Responsibility to Submit Information

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

7.2. RFP Contact

7.3. Assignment

7.4. Amendments

7.5. Disputes

7.6. Successors and Assigns

7.7. Sole Beneficiary

7.8. Cancellation of Resulting Agreement

7.9. Bankruptcy

7.10. Status of Independent Contractor

7.11. Subcontractor

7.12. Nondiscrimination

7.13. Executive Order

7.13.1. Incorporation of Provisions

7.13.2. Failure to Comply

7.13.3. Offeror's Certification

7.14. Non-employment of Unauthorized Aliens

7.14.1. Enrollment in Federal Work Authorization Program

7.14.2. Annual Worker Eligibility Affidavit

7.15. Proof of Lawful Presence for Sole Proprietorships and Partnerships

7.16. Requirements to do Business in Missouri

7.16.1. Registration with Secretary of State

7.16.2. Transient Employer Certificate

7.17. Law of Missouri to Govern

7.18. Venue

7.19. Ownership of Records

7.20. Release to Public/Confidentiality

7.21. Prohibition Against Kickbacks and Gratuities/Non-solicitation

7.22. Preferences

7.23. Conflict of Interest

7.24. Audit of Records

7.25. Indemnification

7.26. Insurance

7.27. Section Headings

7.28. Severability

7.29. No Adverse Inference

7.30. Anti-Discrimination Against Israel Act Certification

7.31. Drug Free Workplace

7.32. DBE Participation Encouraged

7.33. Incorporation of Additional Provisions

VENDOR RESPONSIBILITY

The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

The State of Missouri's Privacy Policy can be accessed here.

VENDOR'S INSTRUCTIONS

Submission of Proposals

Vendors should complete and attach all applicable exhibits.

MODOT SECTION NUMBERING

Section Numbering

All section numbering contained in this solicitation is for the convenience of reference only and is not intended to define or limit the scope of any provision of this solicitation and may not be sequential.

SOLICITATION REQUIREMENTS

Instructions for Submitting a Response

The Missouri Department of Transportation advertises all bid solicitation documents on the MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouri's web-based statewide eProcurement system. To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the "Supplier Register" button at the top of the page, and completing the Vendor Registration.

IMPORTANT NOTICE TO ALL VENDORS:

The Missouri Department of Transportation prefers receipt of all bid responses as electronic submissions. Hard copy submissions may be permitted based on the circumstances and content of the relevant solicitation with the approval of the buyer five (5) business days prior to the solicitation close date.

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of https://www.mo.gov/privacy-policy/ the solicitation contains all information, terms and conditions contained in the solicitation as it appears digitally on the MissouriBUYS website. In the event of any dispute regarding the contents of the solicitation, the solicitation as it appears digitally on the MissouriBUYS website shall take precedence and priority over any other downloaded or printed version of the solicitation.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

The solicitation for the procurement of services referenced therein, is being issued under, and governed by, the provisions of Title 7 Missouri Department of Transportation, Division 10 Missouri Highways and Transportation Commission, Chapter 11 Procurement of Supplies, of the Code of State Regulations. The Missouri Highways and Transportation Commission (MHTC/Commission), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Offeror's attention to said 7 CSR 10-11 for all the provisions governing solicitation and receipt of proposals and the award of the contract pursuant to this solicitation.

1.2. Proposals to be Submitted by Officer or Employee

All proposals must be submitted by a responsible officer or employee of the firm. Obligations assumed by such submission must be fulfilled.

1.3. MHTC Rights Reserved

MHTC reserves the right to reject any and all proposals for any reason whatsoever. Time is of the essence for responding to the RFP within the submission deadlines.

1.4. Personal Privacy Protection Act Notification

MHTC and MoDOT comply with all provisions in the Personal Privacy Protection Act found in section 105.1500, RSMo, and follow practices to keep confidential and sensitive information secure. Bidders acknowledge that submission of information is voluntary and that MHTC is not asking or requiring the submission of "personal information" as defined in the act. By submitting a bid, Bidders and Contractors agree to not to bring a suit against MHTC, or any employees, under section 105.1500, RSMo.

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

The Offeror shall provide a fee proposal to MHTC in accordance with the terms of this Request for Proposal (RFP). All services shall be performed at the fees offered and in accordance with the terms of this RFP.

2.2. Offeror's Certifications

By submission of the proposal, each Offeror, and in the case of a joint proposal, each party thereto as to its own organization, under penalty of perjury, certifies to the best of its knowledge and belief:

1. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or any competitor.

2. Unless otherwise required by law, the proposed prices have not been knowingly disclosed by the Offeror prior to the opening, directly or indirectly, to any other Offeror or to any competitor.

3. No attempt has been made or will be made by the Offeror to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

4. The Offeror certifies this proposal is made without any connection with any other person, firm, organization or business entity making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other member, officer or employee or person whose salary is payable in whole or in part from the MHTC/MoDOT is directly or indirectly interested therein, or in any portion of the profits thereof.

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

This document constitutes a RFP from prospective qualified Offerors to provide Transit Drug and Alcohol Program Services to the MHTC, as set forth in this RFP. It is the intent of this RFP to have the successful Offeror enter into an Agreement with MHTC (hereinafter Resulting Agreement), to supply said services as outlined herein.

3.2. Background

The Transit Section, Multimodal Operations Division, of MoDOT provides financial and technical assistance for Missouri's rural and urban public transportation and specialty transportation providers.

Transit grantees and human service mobility providers receiving funding through federal financial assistance under the following programs are required to comply with 49 CFR Part 40, "Procedures for Transportation Workplace Drug Testing Programs" and 49 CFR Part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"

49 USC 5307 – Urbanized Area Formula Program

49 USC 5339 – Bus and Bus Facilities Formula Program

49 USC 5311 – Formula Grants for Rural Areas

Transit grantees of 49 USC 5310 – Enhanced Mobility of Seniors and Individuals with Disabilities Program operating vehicles that require a commercial driver's license (CDL) are required to comply with 49 CFR Part 40 and 49 CFR Part 382, "Controlled Substances Use and Testing."

Additionally, transit grantees and service providers who are direct recipients of federal financial assistance are required to comply with the federal Drug-Free Workplace Act.

In order to ensure compliance transit providers, need a statewide consortium-based program that assures they meet all of the federal drug and alcohol program requirements.

The consortium in this proposal is mandatory for Missouri's 21 rural public transit and 15 specialized transportation providers, involving approximately 750 safety sensitive employees. The consortium in this proposal would be voluntary for Missouri's nine (9) urban transit providers, adding another 125 safety sensitive employees to the pool.

All testing and training related services performed under this contract would be billed directly to the transit agencies participating in this consortium. Oversight services, such as on-site inspections of collection sites and transit agencies, as required, would be billed directly to MoDOT.

3.3. Contract Period

The Contract Period for the performance of the services described in this RFP is from the July 1, 2026 through June 30, 2028. The successful Offeror shall perform any and all the services listed herein as often as requested by MHTC for the entire duration of the Contract Period as defined herein at the Guaranteed- Not-To-Exceed Prices submitted by the successful Offeror in response to this RFP.

3.4. Renewal Period

The contract shall not bind, not purport to bind, the MHTC for any contractual commitment in excess of the original contract period. The Commission shall have the right, at its sole option, to extend the contract for three (3) additional one-year periods, or any portion thereof. In the event the Commission exercises its options to extend the contract, such extension must be accomplished by a formal contract amendment approved and signed by representatives of the Offeror and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the Offeror and Commission, respectively.

3.5. Schedule of Events

Below is the schedule that will be followed. Unless otherwise specified, the time of day will be 7:30 a.m.

to 4:00 p.m. Central Time. MHTC reserves the right at its sole discretion to expand this schedule, as deemed necessary, without any notification except for the deadline date for submitting a proposal.

1. April 24, 2026 - Issuance of RFP

2. May 1, 2026 - Deadline for Offerors to submit written questions and requests for clarification to the MHTC Representative

3. May 7, 2026 - Issuance of Amendment with resolution to any questions submitted.

4. June 10, 2026 at 2pm CST - Deadline for submission of proposals.

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1. Scope of Work

The successful Offeror agrees to provide to MHTC the following services:

The Missouri Department of Transportation (MoDOT) seeks a third-party administrator to provide turnkey drug and alcohol program services for a state-wide voluntary consortium of Missouri's small urban and rural transit providers. Such a program would need to be in place and operational no later than by July 1, 2026.

The administration of the consortium would extend to the acquisition and coordination of all components of a fully regulatory compliant transit drug and alcohol program to include:

• Administration of transit random testing consortium pool

• Alcohol testing

• Drug testing specimen collection

• Shipping of urine drug specimens

• Laboratory analysis of specimens by Department of Health and Human Services (DHHS) certified labs

• Medical Review Officer (MRO) services

• Substance Abuse Professional (SAP) services

• Training and training resources for transit agencies and human service mobility providers

• Interface with laboratories, MROs, SAPs, transit agencies and transit agency employees

• Oversight of all components of the drug and alcohol program for regulatory compliance

• Interface with MoDOT representatives with respect to contract performance

4.2. Specific Services

The Offerors agree to perform specific services within the above stated scope of work to include, but not be limited to the following:

Third Party Management of FTA Compliant Drug and Alcohol Consortium Program, in accordance with USDOT, FTA, and FMCSA.

1. Specimen Collection - Drugs:

a. Urine specimen collection kits provided for USDOT drug testing (5 panel)

b. Identify at least one collection site in each of Missouri's 114 counties c.

Where no viable collection site exists within a rural Missouri county, indicate for tha t county the location of the nearest collection site d.

Sites must be accessible during days and hours of transit agency operations as well a s available for after-hours collections for post-accident and reasonable suspicion tests

e. Sites use standard USDOT custody and control forms

f. Collection site personnel trained in accordance with Part 40 requirements g.

Sites to notify MoDOT when a Notice of Proposed Exclusion from USDOT as well a s public interest exclusion (PIE) issued to collection site or individual collection site personnel

h. Copies made available of collectors' training and re-training documentation

2. Specimen Collection – Alcohol:

a.

Breath alcohol testing conducted with National Highway Traffic Safety Administrati on (NHTSA) approved evidential breath testing (EBT)s

b. Identified sites that do drug testing must also provide USDOT alcohol testing c.

Sites must be accessible during days and hours of transit agency operations as well a s available for after-hours collections for post-accident and reasonable suspicion tests

d. Sites must use standard USDOT alcohol testing forms

e. Copies made available that document breath alcohol technician (BAT) s trained in operation and calibration of EBTs

f. Copies of EBT maintenance and calibration records immediately available, upon request g.

Sites to notify MoDOT when a Notice of Proposed Exclusion from USDOT issued as well as PIE to collection site or individual collection site personnel

3. Alternative Methods of Pre-Employment, Follow-up and Return-to-Duty Testing: In cases where the donor/employee has a medical condition that precludes them from providing a sufficient specimen for pre-employment, follow-up or return-to-duty testing, propose the processes, alternative testing methods and cost for compliance with 49 CFR 40.195.

4. Shipping of Urine Drug Specimens to DHHS Laboratory for Analysis

5. Laboratory Testing – Urine Specimen USDOT Drug Testing a.

Only Department of Health and Human Services (DHHS) approved laboratories used for US DOT required drug tests

b. Laboratory compliant in all aspects with 49 CFR Part 40 c.

Notify MoDOT when a Notice of Proposed Exclusion from USDOT issued as well as PIE to t he DHHS lab used to fulfill the requirements of this contract

d. Copy provided of DHHS approval and Federal Register listing of approved labs

6. Medical Review Officer (MRO) Services

a. Reviews and reports test results as conducted by the DHHS approved laboratory

b. MRO activities compliant in all aspects with 49 CFR Part 40 c.

Notify MoDOT when a Notice of Proposed Exclusion from USDOT issued as well as PIE to MRO or MRO staff

d. Copies provided of MROs current qualifications and training, and re-training

7. Third Party Manager Interface with MROs, Transit Agencies and Employees

a. Interface with MROs

b. Interface with Transit Agency Designated Employer Reps (DERs)

c. Interface with Transit Agency Employees

d. Interface with MoDOT representatives with respect to contract performance

e. All third party manager interactions compliant with 49 CFR 40, Subpart Q f.

Notify MoDOT when a Notice of Proposed Exclusion from USDOT issued as well as PIE to Third Party Administrator/Manager

8. Substance Abuse Professional (SAP) Services a.

SAPs meet required qualifications as stated in 49 CFR Part 40 – Subpart O, as well as 49 CFR Part 655.52

b. Identify by name of individual, address and telephone number, the primary and back-up SAP in each of Missouri's 114 counties c.

Where no qualified SAPs practice in a rural county, indicate the location of the closest qualifi ed primary SAPs and back-up SAPs to that Missouri county d.

Notify MoDOT when a Notice of Proposed Exclusion as well as PIE issued by USDOT to an y SAP fulfilling responsibilities under this contract

e. Copies made available of current SAPs qualification credentials and training

9. Training and Training Resources for Transit Agency Staff including (49 CFR Parts 40 & 655)

a. Newly hired transit safety sensitive employees training on drug abuse and testing requirements

b. Transit supervisors conducting reasonable suspicion and post-accident testing determinations

c. Designated Employer Representatives (DER) responsibilities

d. Employer record keeping and record retention responsibilities

10. Third Party Manager Administers Transit Random Testing Consortia (49 CFR Part 655.45)

a. Quarterly draws for drug testing and alcohol testing

i. 50% random rate for drugs, or required FTA/FMCSA percentage

ii. 10% random rate for alcohol, or required FTA/FMCSA percentage

11. Use of unique identifying employee numbers, not necessarily just social security numbers

12. Provides documentation on methodology of random selection process used

13. Notifies, preferably via the Internet, each transit system DER of draws at the beginning of each quarter

14. Updates random pool listing with info provided by DERs

15. Performs interim draws when tests cannot be performed (employee resigns or is not at work for entire quarter)

16. Provides to DERs the results of tests, preferably through a secure Internet site

17. Promptly pays all program services sub-contractors within 30 days of invoice

18. Maintains statistics and prepare reports on transit consortium pool

19. Third Party Manager Oversight of Components of Drug and Alcohol Program

20. Compliance inspections (on-site) of drug and alcohol program collection sites and personnel

21. Compliance inspections of DHHS laboratories used in contract

22. Blind sample testing when consortia has at least 2,000 safety-sensitive employees in the consortium pool

23. Compliance inspection of Medical Review Officer requirements

24. Compliance inspection of Substance Abuse Professional requirements

25. Compliance inspection of individual Transit Agency responsibilities:

a. All 49 CFR Part 40 and Part 655 / Part 382 required employer record keeping and records retention

b. Employee hiring (test results from prior employers)

c. Employee training (new hire and supervisor)

d. Transit agency substance abuse program policy – 49 CFR Part 655, Subpart B and Part 382

e. Documentation for employer actions listed in 49 CFR 40.29

f. Employer monitoring of canceled tests

g. Maintenance of confidentiality

h. Annual submission to FTA of drug and alcohol Management Information System report

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND SUBMISSION

5.1. Required Elements of Proposal

Each Offeror shall provide a cover letter signed by an authorized firm representative stating he/she has read and understands all of the terms and conditions of doing business with MHTC in response to this request for proposal. The proposal must be divided into sections corresponding to the list of elements described below.

5.1.1. Experience, Expertise and Reliability

With regard to documenting its experience, expertise, and reliability in performing the requested services, the Offeror must provide information related to previous and current contractual relationships considered identical or similar in scope to the one anticipated to result between MHTC and the successful Offeror pursuant to this RFP. At a minimum, the following information must be provided:

1. Name, address, telephone number of contracting agency/entity, and a contact person who can verify all data submitted.

2. Contract dates.

3. A brief, written description of the specific services provided, methods used, and the results associated with the specific services provided.

4. List of any pending legal action(s) involving your firm that could directly or indirectly impact the services provided to MHTC.

5.1.2. Qualifications and Expertise of Key Personnel

Each Offeror must provide detailed information documenting the experience and qualifications of the key personnel who would be assigned to perform work under the Resulting Agreement between MHTC and the successful Offeror entered into pursuant to this RFP. Acceptable information shall include, but not be limited to, resumes detailing education, qualifications, previous work assignments, training, continuing education, certifications, etc. A work assignment organizational chart should be included in this section. Staff may be changed if those personnel leave the organization, are promoted or are assigned to another office. These personnel may also be changed for other reasons at the discretion of the Offeror provided that replacements have substantially the same or better qualifications or experience. However, in all cases, MHTC retains the right to approve or reject replacements.

5.1.3. Proposed Method of Performance

Each Offeror must present a written narrative demonstrating the method and/or manner in which it proposes to satisfy the requirements of this RFP. The language of the narrative shall be straightforward and limited to facts, solutions to the problems, and plans of proposed action as well as the timeline for completion of proposed action.

1. By reading the proposal, MHTC must be able to gain a comfortable grasp of the services to be provided and the methods proposed by the Offeror to provide them. A detailed explanation should be included to understand how the services comply with the requirements of this RFP.

2. In order to show feasibility, a timetable setting forth appropriate milestones shall be included in Offerors proposal, with sufficient detail explaining how the Offeror will meet those timelines/milestones.

5.1.4. Proposed Fee

Offerors must complete the pricing information to this RFP as specifically directed therein.

5.1.5. Demonstrated Reliability/References

Provide all references for which the Offeror firm provided services which are similar in nature to the services requested in this proposal over the past three (3) calendar years. MHTC reserves the right to determine which references to call and whether or not to call all references for all Offerors. The reference list should include:

1. The reference firm name, address, telephone number, and fax number.

2. List of reference firm owners names and addresses.

3. A brief description of services provided and location of work performed.

4. Dates of contract and/or performance of service.

5. A contact person familiar with the services provided including their name, address, email address and telephone number.

5.1.6. Proposal Evaluation

The proposals will be evaluated based on the adequacy of the Offeror's response in addressing each of the Required Elements of the Proposal listed above as well as any other evaluation methods referenced in this RFP.

5.2. Submission of Proposals

5.2.1. Electronic Proposal Format

If an Offeror (referred to here as registered vendor or vendor) is responding electronically through the MissouriBUYS System website, in addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the proposal as an attachment to the electronic proposal. The registered vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html.

In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such vendor may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses. The vendor should include a complete list of statutory references and citations for each provision of the RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable. If MHTC determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the RFP.

1. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments. Electronic copies of the proposal and electronic attachments should be searchable.

2. In addition, a registered vendor may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

3. If a registered vendor submits an electronic and hard copy proposal response and if such responses are not identical, the vendor should explain which response is valid. MHTC will consider the response with the terms most favorable to MHTC.

5.2.2. Hard Copy Proposal Format

If the vendor is submitting a proposal via the mail or a courier service or is hand delivering the proposal, the vendor should include completed exhibits, forms, and other information concerning the proposal (including completed Pricing Page(s) with the proposal. The vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

1. The proposal should be page numbered and the signed page one from the original RFP and all signed addendums should be placed at the beginning of the proposal.

2. The vendor should include one (1) original proposal. The front cover of the original proposal should be labeled original.

5.2.3. Signatures

Any form containing a signature line in this RFP and any amendments, pricing pages, etc., must be manually signed and returned as part of the proposal.

5.2.4. Pricing

The Offeror is required to specify the pricing associated with this RFP as a firm fixed price. The successful Offeror will be responsible for performing all services listed in this RFP at the prices submitted. MHTC will not be liable for any charges beyond those detailed in the proposal.

1. MHTC shall not make any payment to the successful Offeror in advance of the services rendered by the successful Offeror.

2. Each Offeror is responsible for its own expense in preparing, delivering or presenting a proposal, and for subsequent interviews or negotiations with MHTC, if any, as provided for in this RFP.

5.2.5. Proposal Life

The Offeror must include a statement in the proposal that indicates the length of time during which MHTC may rely on all proposal commitments. All proposals made in response to this RFP and quoted pricing must remain in effect for a period of not less than 90 days after the date for proposal submission. Any proposal accepted by MHTC for the purpose of contract negotiations shall remain valid until superseded by a contract or until rejected by MHTC.

5.2.6. Submission of All Information Required

The Offerors must respond to this RFP by submitting all the information required herein for its proposal to be evaluated and considered for award. Failure to submit all the required information shall be deemed sufficient cause for disqualification of a proposal from consideration.

5.2.7. Public Inspection

The Offerors are hereby advised that all proposals and the information contained in or related thereto are subject to Missouri Open Records Act and after contract award and execution of the Resulting Agreement shall be open to public inspection and may be viewed and copied by any member of the public; therefore, MHTC does not assume any responsibility whatsoever in the event that such information is used or copied by individual persons or organizations.

1. Offerors claiming a statutory exception to the Missouri Open Records Act must clearly identify any confidential documents. The Offeror must also specify which statutory exception provision applies. MHTC reserves the right to make determinations of confidentiality. If MHTC does not agree that the information designated is confidential under one of the disclosure exceptions to the Missouri Open Records Act, it may either reject the proposal or discuss its interpretation of the allowable exceptions with the Offeror. If agreement can be reached, the proposal will be considered. If agreement cannot be reached, MHTC will remove the proposal from consideration for award and return the proposal to the Offeror.

2. MHTC will not consider prices to be confidential information.

3. The Offeror must submit its proposal based on the conditions contained in this paragraph without reservations.

5.2.8. Clarification of Requirements

It shall be the Offerors responsibility to ask questions, request changes or clarification, or otherwise advise MHTC/MoDOT if any language, specifications or requirements of the RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

1. Any and all communication from Offerors regarding specifications, requirements, competitive proposal, etc., must be directed to the RFP Contact listed herein, unless the RFP specifically refers the Offerors to another contact. Such communication shall be received by the date noted in the Schedule of Events.

2. Every attempt will be made to ensure that the Offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable proposal process, all Offerors will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Therefore, Offerors are advised that unless specified elsewhere in the RFP, any questions received after the listed date may not be answered.

5.2.9. Initial Screening

After an initial screening of the written proposals, any, or all of the Offerors submitting a proposal in response to this RFP may be required to give an oral presentation of their proposal. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted. MHTC reserves the right, in its sole discretion, to decide to conduct interviews with any or all of the Offerors. MHTC reserves the right, in its sole discretion, to determine the interview method, format and location. If an interview is conducted, it is preferred that the interviewed Offeror's personnel to be assigned to the work, as well as key representatives, be present at and participate in the interview.

5.2.10. Official Position of MHTC

Offerors are cautioned that the only official position of the MHTC and MoDOT is that which is issued by MHTC in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

The following factors shall be considered in the evaluation of the proposals:

6.1.1. Evaluation Criteria

Any agreement for services Resulting from this RFP shall be awarded to the Offeror providing the best proposal to MHTC. After determining responsiveness, proposals will be evaluated in accordance with the following criteria and maximum points per each criterion:

1. Experience, Expertise and Reliability: 20 Maximum Points

2. Qualification and Expertise of Key Personnel: 15 Maximum Points

3. Proposed Method of Performance: 10 Maximum Points

4. Proposed Fee: 40 Maximum Points

5. Reliability: 15 Maximum Points

6.1.2. Historic Information

MHTC reserves the right to consider historic information and facts, whether gained from the Offeror's proposal, presentations or interviews as applicable, references, or other sources, including but not limited to the listed subcontractors, in the evaluation process.

6.1.3. Responsibility to Submit Information

Each Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation criteria and MHTC is under no obligation to solicit such information if it is not included with the Offeror's proposal. Failure of the Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's proposal.

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

The Resulting Agreement between MHTC and the successful Offeror shall incorporate by reference as its components the following: the RFP and any written amendments thereto and the proposal submitted by the successful Offeror in response to the RFP. In case of a conflict between or inconsistency in the terms contained in the RFP and the proposal submitted by the Offeror in response to the RFP, the terms of the RFP shall govern. In the event of a conflict between or inconsistency in the terms of the RFP and the

Resulting Agreement, the terms of the Resulting Agreement shall govern. MHTC reserves the right, in its sole discretion, to clarify any relationship in writing and such written clarification shall govern in case of any conflict with or inconsistency in the applicable requirements stated in the RFP and the successful Offeror's proposal.

7.2. RFP Contact

The Assistant State Engineer is designated as MHTC's representative with authority to act on behalf of MHTC for the purpose of administering the Resulting Agreement. MHTC's representative may designate by written notice other persons having the authority to act on behalf of MHTC in furtherance of the performance of the Resulting Agreement. Each Offeror shall fully coordinate its activities with the designated representative and shall consult the MHTC representative regarding any problem arising out of the provision of the services to the MHTC pursuant to this RFP and the Resulting Agreement. As the work of the successful Offeror progresses, advice and information on matters covered by the Resulting Agreement shall be made available by the successful Offeror to the designated representative throughout the effective period of the Agreement. MHTC reserves the right to limit the authority of MHTC's representative provided herein as it deems necessary in its sole discretion at any time and from time to time throughout the duration of the RFP process and the Contract Period.

7.3. Assignment

The successful Offeror shall not assign, transfer, or delegate any interest in the services to be provided under this RFP and the Resulting Agreement without the prior written consent of the MHTC representative.

The successful Offeror may at its own expense employ clerical or technical assistance in the performance of the services under this RFP and the Resulting Agreement, such clerical and technical assistance provider being as fully bound as the Offeror to all confidentiality and work product provisions of this RFP and the Resulting Agreement.

7.4. Amendments

Any change in the Resulting Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment approved and signed by representatives of the successful Offeror and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the successful Offeror and Commission, respectively.

7.5. Disputes

Disputes Under the RFP and Resulting Agreement: The MHTC representative, as applicable, will decide all questions which may arise as to the quality, quantity, and acceptability of any Offeror's proposals submitted in response to this RFP, and of the services under this RFP and the Resulting Agreement performed by the successful Offeror and as to the rate of progress of the services; all questions which may arise as to the interpretation of the services to be performed under this RFP and the Resulting Agreement; all questions as to the acceptable fulfillment of the Resulting Agreement on the part of the successful Offeror; the proper compensation for performance or breach of the Resulting Agreement; and all claims of any character whatsoever in connection with or growing out of the services to be performed or performed by the successful Offeror, whether claims under this RFP and the Resulting Agreement or otherwise. The decision of the MHTC representative, as applicable, shall be conclusive, binding, and incontestable.

7.6. Successors and Assigns

The Commission and the Offerors agree that this RFP and, as applicable, the Resulting Agreement as well as all agreements entered into under the provisions of this RFP, shall be binding upon the parties thereto and their successors and assigns.

7.7. Sole Beneficiary

The Resulting Agreement will be made for the sole benefit of the parties thereto and nothing in this RFP or the Resulting Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the successful Offeror.

7.8. Cancellation of Resulting Agreement

MHTC may cancel the Resulting Agreement at any time by providing the successful Offeror with a written notice of cancellation. Should the Commission exercise its right to cancel the Resulting Agreement, cancellation will become effective upon the date specified in the notice of cancellation.

7.9. Bankruptcy

Upon filing for any bankruptcy or insolvency proceeding by or against any Offeror or assignee, whether voluntarily, or upon the appointment of a receiver for the benefit of creditors, the Commission reserves the right and sole discretion to reject the Offeror's proposal, or, as applicable, either cancel the Resulting Agreement or affirm the Resulting Agreement and hold the successful Offeror responsible for damages.

7.10. Status of Independent Contractor

The successful Offeror represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be an employee of MHTC or MoDOT.

Therefore, the successful Offeror shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, or other such benefits or obligations.

7.11. Subcontractor

Any Offeror's proposal must identify all subcontractors, if any, and outline the contractual relationship between the Offeror and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal. MHTC must approve the successful Offeror's subcontracting any portion of the services to be provided under the Resulting Agreement. The successful Offeror is responsible for the performance of any obligations that may result from this RFP and the Agreement and shall not be relieved by the non-performance of any subcontractor.

7.12. Nondiscrimination

The Contractor shall comply with all state and federal statutes applicable to the Contractor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the Americans with Disabilities Act (42 U.S.C. Section 12101, et seq.).

1. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with these nondiscrimination provisions of the Contract, MHTC shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or,

b. cancellation, termination or suspension of the Contract, in whole or in part.

7.13. Executive Order

The Contractor shall comply with all the provisions of Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri, on the sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of Missouri's position to not tolerate persons who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United States, shall be incorporated herein by reference and made a part of the Contract.

1. The Contractor hereby certifies that any employee of the Contractor assigned to perform services under the Contract is eligible and authorized to work in the United States in compliance with federal law.

2. In the event the Contractor fails to comply with the provisions of the Executive Order 07- 13, or in the event the Commission has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Commission reserves the right to impose such contract sanctions as it may determine to be appropriate, including but not limited to cancellation, termination or suspension in whole or in part or both.

3. The Contractor shall include the provisions of this paragraph in every subcontract. The Contractor shall take such action with respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance.

7.13.1. Incorporation of Provisions

The successful Offeror shall include the provisions of this paragraph in every subcontract. The successful Offeror shall take such action with respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance.

7.13.2. Failure to Comply

In the event the Offeror fails to comply with the provisions of the Executive Order 07-13, or in the event the Commission has reasonable cause to believe that the Offeror has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Commission reserves the right to reject the Offeror's proposal or, as applicable, impose such contract sanctions as it may determine to be appropriate, including but not…