MONG0000000010SL Medical Physicals Audiograms Asbestos Testing Services IFB 091826.pdf

MONG0000000010SL Page 1

State of Missouri

MISSOURI DEPARTMENT OF THE NATIONAL GUARD (MONG)

Invitation for Bid (IFB) for Medical Physicals, Audiogram Testing, and Asbestos Physical Services

SOLICITATION NO.: MONG0000000010SL

ISSUE DATE: September 18, 2026 CONTRACT PERIOD: Date of award through one year

BID DUE NO LATER THAN: TBD AT 3:00 PM CENTRAL TIME

Response should be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov but may respond by hard copy (see mailing instructions below)

MAILING INSTRUCTIONS: Print or type IFB Number and Return Due Date (Closing date) on the lower left hand corner of the envelope or package. Bids must be in the Missouri National Guard, State Support Services office by the closing date and time.

RETURN BID TO: MISSOURI NATIONAL GUARD

STATE SUPPORT SERVICES – PROCUREMENT

6801 NORTH BOUNDARY ROAD

JEFFERSON CITY, MO 65101

OR

RACHEL.HOGREFE@MONG.MO.GOV

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Rachel Hogrefe

PHONE NO.: (573) 638-9500 ext. 37046 EMAIL: Rachel.Hogrefe@mong.mo.gov

See “IFB Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO

THE FOLLOWING ADDRESS:

Missouri National Guard 139th Airlift Wing

705 Memorial Drive St. Joseph, MO 64503 https://ewqg.fa.us8.oraclecloud.com/fscmUI/faces/FuseWelcome?_adf.ctrl-state=fPb8UxwVhfvH_1&fnd=%3B%3B%3B%3Bfalse%3B256%3B%3B%3B&_adf.no-new-window-redirect=true&_afrLoop=10861871087896648&_afrWindowMode=2&_afrWindowId=null&_afrFS=16&_afrMT=screen&_afrMFW=1920&_afrMFH=911&_afrMFDW=1920&_afrMFDH=1080&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=96&_afrMFG=0&_afrMFS=0&_afrMFO=0 https://missouribuys.mo.gov/ mailto:RACHEL.HOGREFE@MONG.MO.GOV mailto:Rachel.Hogrefe@mong.mo.gov

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ATTENTION:

1. After reviewing the Invitation for Bid (IFB), the vendor must complete and return Exhibit A, Bid Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the IFB’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS , powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a response. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

IFB Organization:

IF

B

S ec tio ns

Section 1 Introduction and Background Information Section Section 2 Scope of Work Section Section 3 Terms and Conditions Section Section 4 General Contractual Requirements Section Section 5 Vendor Submission, Evaluation, and Award Information Section

IF

B

V en do r R es po ns e

Ex hi bi ts

(R et ur n th es e ex hi bi ts w ith th e bi

d) Exhibit A Bid Signature Page

Exhibit B Bid Submittal Checklist Exhibit C Pricing Page Exhibit D Domestic Products Procurement Act (Buy American) Preference Exhibit E Participation Commitment Exhibit F Documentation of Intent to Participate

BUSINESS COMPLIANCE EXHIBITS

Exhibit G State of Missouri Tax Compliance Exhibit H Registration of Business Name with the Missouri Secretary of State

Exhibit I Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

Exhibit J Services Outside the United States Exhibit K Employee/Conflict of Interest Exhibit L Federal Funding Unique Identity ID

IF

B

A tta ch m en ts

Attachments (Separate Documents) (Do not return these documents with response)

Attachment 1 Business Associate Agreement

Attachment 2 Federal Funds Requirements

Attachment 3 139th Airlift Wing Rosecrans Physical Examination and Fit-For-Duty Certification https://ewqg.fa.us8.oraclecloud.com/fscmUI/faces/FuseWelcome?_adf.ctrl-state=fPb8UxwVhfvH_1&fnd=%3B%3B%3B%3Bfalse%3B256%3B%3B%3B&_adf.no-new-window-redirect=true&_afrLoop=10861871087896648&_afrWindowMode=2&_afrWindowId=null&_afrFS=16&_afrMT=screen&_afrMFW=1920&_afrMFH=911&_afrMFDW=1920&_afrMFDH=1080&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=96&_afrMFG=0&_afrMFS=0&_afrMFO=0

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1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for competitive, sealed bids for the provision of medical physicals, audiograms, and asbestos testing services as set forth herein for the Missouri National Guard (hereinafter referred to as “state agency”).

1.1.2 Minimum Experience Qualifications: There are minimum experience qualifications in the IFB (See Section 2.2, Minimum Experience Requirements in Section 2: Scope of Work).

1.1.3 Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

1.2 Background and Historical Usage Information:

1.2.1 The 139th Airlift Wing of the Missouri National Guard employs specialized trades workers and firefighters who must be medically fit for duty and maintain compliance with established occupational health and safety standards. Specialized trades workers include but not limited to electricians, HVAC technicians, plumbers, and welders. Medical physical exam services are necessary for new hires, retirees, and annually for current firefighters. Audiogram tests and asbestos physicals are necessary for specialized trades workers and new hires and annually thereafter. The intent of the 139th occupational medical program and this physical is to reduce the risk and burden of fire service occupational morbidity and mortality while improving the health, and thus the safety and effectiveness, of firefighters operating to protect members of the public’s life and property.

1.3 IFB Questions:

1.3.1 Procurement officer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB. It is preferred that questions be emailed to the procurement officer.

a. Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

1.3.2 Vendor is Responsible for Asking Questions About the IFB: 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 response.

1.3.3 Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten

(10) calendar days prior to the bid closing date and time of the bid. If not received prior to ten (10) calendar days before the bid closing date and time, the department may not be able to fully research and consider the respective questions or issues.

1.3.4 State’s Response to Vendor Questions: Upon the department’s consideration of questions and issues, if the department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues https://ewqg.fa.us8.oraclecloud.com/fscmUI/faces/FuseWelcome?_adf.ctrl-state=fPb8UxwVhfvH_1&fnd=%3B%3B%3B%3Bfalse%3B256%3B%3B%3B&_adf.no-new-window-redirect=true&_afrLoop=10861871087896648&_afrWindowMode=2&_afrWindowId=null&_afrFS=16&_afrMT=screen&_afrMFW=1920&_afrMFH=911&_afrMFDW=1920&_afrMFDH=1080&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=96&_afrMFG=0&_afrMFS=0&_afrMFO=0 http://www.sos.mo.gov/adrules/csr/csr.asp

MONG0000000010SL Page 4 were considered but deemed unnecessary for an IFB amendment. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

1.3.5 IFB is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the IFB and any amendments thereto.

1.4 Amendments:

1.4.1 If the department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s) prior to the bid closing date and time.

1.5 Glossary of Terms and Acronyms:

1.5.1 Whenever the following terms and acronyms appear in the IFB document or any amendment thereto, the definitions or meanings described below shall apply.

1.5.2 General Glossary, Acronyms, and Abbreviations:

a. Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the department. The agency is also responsible for payment, unless otherwise specified herein. Note: The terms “department”, “state agency”, “state”, and “State of Missouri” are used interchangeably throughout the document and have the same meaning.

b. Amendment means a written, official modification to a solicitation or contract.

c. Attachment applies to all documents which are included with an IFB to incorporate any informational data or requirements related to the performance requirements and/or specifications.

d. Bid Closing date and Time and similar expressions mean the exact deadline required by the IFB for the receipt of sealed bids.

e. Procurement officer means the procurement staff member of the department.

f. Code of State Regulation (CSR) contains the current administrative rules of executive agencies of

Missouri government. The regulations are arranged by agency rather than by subject.

g. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

h. Contractor means a supplier, bidder, person, or organization who is a successful vendor as a result of an IFB and who enters into a contract.

i. Exhibit applies to forms which are included with an IFB for the vendor to complete and submit with their response prior to the specified closing date and time.

j. Invitation for Bid (IFB) means the solicitation document issued by the department to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work;

Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the IFB); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the IFB Vendor Response Exhibits, Attachments, and Amendments of the

IFB.

k. May means that a certain feature, component, or action is permissible, but not required.

l. Must means that a certain feature, component, or action is a mandatory condition.

m. Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

n. Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the IFB. The pricing pages must be completed and submitted by the vendor with the response prior to the specified bid closing date and time.

o. Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

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p. Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

q. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of the department.

r. Shall has the same meaning as the word must.

s. Should means that a certain feature, component and/or action is desirable but not mandatory.

t. State collectively referring to the state government and/or the agencies thereof.

u. Supplier has the same meaning as the word, vendor.

v. Vendor means the supplier, bidder, person, or organization that responds to an IFB by submitting a bid with prices to provide the equipment, supplies, and/or services as required in the IFB document.

1.6 Accuracy of Background Information:

1.6.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

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2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall provide medical physical exams, audiogram tests, and asbestos physicals for the

Missouri Department of the National Guard in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

2.1.2 The contractor shall either provide the services directly or shall provide a person/personnel who must comply with the requirements stated herein. Therefore, references to “the contractor” throughout this document shall also be deemed to include the person/personnel provided by the contractor.

2.1.3 The contractor shall provide medical services in accordance with, but not limited to, the following:

a. Occupational Safety and Health (OSH) Requirements:

• Title 29, Code of Federal Regulations, Part 1910.95, “Occupational noise exposure,” 1996

• Title 29, Code of Federal Regulations, Part 1910.120, “Hazardous waste operations and emergency response,” 2002.

• Titel 29, Code of Federal Regulations, Part 1910.134, “Respiratory protection,” 1998

• Title 29, Code of Federal Regulations, Part 1910.1020, “Access to employee exposure and medical records.” 1996

• Title 29, Code of Federal Regulations, Part 1910.1030, “Bloodborne pathogens,” 2001.

b. Air Force Fire & Emergency Services Technical Implementation Guide, 1582-22. The state agency will provide the guide to the contractor upon contract award.

c. National Fire Codes found at https://codesonline.nfpa.org.

2.1.4 The Contractor shall not administer any medical physical exams, audiogram tests, or asbestos physicals to any individual without first providing and securing a fully executed, lawful written medical release authorization form. It is the Contractor’s sole responsibility to furnish this form and ensure that the document utilized is legally valid, binding, and sufficient under all governing federal, state, and local laws to authorize the unconditional release of health information to the State Agency.

2.1.5 Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish and be liable for all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

2.2 Minimum Experience Requirements:

2.2.1 The contractor must meet or exceed the following minimum experience requirements at the time of bid submission and for the duration of the contract:

a. The contractor must have demonstrated experience in providing occupational health services and be knowledgeable of NFPA 1582 – Standard on Comprehensive Occupational Medical Program for Fire Departments, Air Force Technical Implementation Guide 1582-22 and OSH requirements.

b. The contractor shall be a licensed medical provider (e.g., clinic, hospital) capable of lawfully performing the duties outlined herein. The contractor must provide with their bid response, proof of being an active licensed medical provider, and the state or states in which that license is applicable.

2.3 Personnel Qualifications:

2.3.1 Fire Department Physician

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a. The contractor shall provide a licensed doctor of medicine or osteopathy who has been designated by the fire department to provide professional expertise in the area of occupational safety and health as they relate to emergency services.

b. The fire department physician shall be responsible for guiding, directing, and advising applicable members of the 139th Airlift Wing with regard to their health and fitness for various duties; in addition, the fire department physician will be a member of the Fire Department Occupational Safety and Health Committee chaired by the health and safety officer as required by NFPA 1500.

2.3.2 The contractor shall include the following personnel to administer and perform the contract requirements:

a. Contact Person: The contractor shall designate a contact person who shall serve as the contractor’s contact and shall be the liaison between the contractor and the state agency. By no later than five (5) state business days after authorization by the state agency to proceed with services, the contractor shall provide the state agency with the name, address, email address, and telephone number of the contractor’s contact person. The contractor’s contact person shall (1) oversee all services being provided, (2) assume responsibility and liability for services performed per the contract, and (3) serve as the primary point of contact with the state agency.

b. All contractor personnel involved in conducting medical physical exams, audiogram tests, and asbestos physicals must hold current state and federal licenses and certifications for their respective roles.

c. The contractor’s examining physician(s) must be a licensed Doctor of Medicine or Doctor of

Osteopathic Medicine who has completed residency training in an accredited medical training program and/or is American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA) board certified or international equivalent.

2.4 Performance Requirements:

2.4.1 The contractor must have a system in place for scheduling appointments and to securely and confidently transmit medical results and fitness-for-duty reports to the state agency’s point of contact.

2.4.2 The contractor must perform medical physical, audiogram tests, and asbestos physical services in compliance with Occupational Safety and Health Administration (OSHA) hearing and asbestos requirements.

2.4.3 Firefighters

2.4.3.1 The contractor must perform medical physical services for Air Force Fire Fighters in compliance with the

National Fire Protection Association (NFPA) 1582, Standard of Comprehensive Occupational Medical Program for Fire Departments, 2022 Edition and the Air Force Fire and Emergency Services Technical Implementation Guide (TIG), 1588-22. The TIG provides clarification and deviation approvals authorized by the authority having jurisdiction (AHJ), The Air Force Civil Engineer.

a. NFPA physicals are required for new hire fire fighters and annually thereafter.

2.4.3.2 The contractor’s annual medical physical exam services for firefighters must include:

• Audiogram

• Complete Blood Count (CBC) without differential

• Chest C-Ray

• Electrocardiogram (EKG)

• Hepatitis B Surface Antibody Quantitative

• Physical Exam https://ewqg.fa.us8.oraclecloud.com/fscmUI/faces/FuseWelcome?_adf.ctrl-state=fPb8UxwVhfvH_1&fnd=%3B%3B%3B%3Bfalse%3B256%3B%3B%3B&_adf.no-new-window-redirect=true&_afrLoop=10861871087896648&_afrWindowMode=2&_afrWindowId=null&_afrFS=16&_afrMT=screen&_afrMFW=1920&_afrMFH=911&_afrMFDW=1920&_afrMFDH=1080&_afrMFC=8&_afrMFCI=0&_afrMFM=0&_afrMFR=96&_afrMFG=0&_afrMFS=0&_afrMFO=0

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• Pulmonary Function Test

• Vision Acuity (Titmus)

• Lipid Panel

• Urinalysis (Dipstick)

• Vision Color (Ishihara)

• Comprehensive Metabolic Panel (CMP)

• Medical Questionnaire

• Tetanus (TDAP) Vaccine

• Hepatitis A Antibody

2.4.3.3 The contractor’s physicals for new hire firefighters must include all components from the annual medical physical exam services plus the following:

• CBC with Differential

• Hepatitis A Antibody

• Hepatitis B Surface Antigen Quantitative

• Hepatitis B Surface Antibody Quantitative

• OSHA Respirator Questionnaire

• Human immunodeficiency virus (HIV) ½ AG/AB Fourth Generation with Reflexes

2.4.3.4 The contractor shall be responsible for providing the standard OSHA Respirator Questionnaire and the firefighter health history medical questionnaire. The firefighter health history medical questionnaire can be found in the TIG.

2.4.4 Specialized Trade Workers

2.4.4.1 The contractor must provide audiogram tests and asbestos physicals for specialized trades workers.

2.4.4.2 The contractor shall perform audiogram tests and asbestos physicals annually for specialized trades workers.

2.4.4.3 The contractor shall be responsible for completing the audiogram tests and asbestos physicals in accordance with OSHA standards.

2.4.5 Estimated Quantities: The quantities indicated in this IFB 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. Unless otherwise specified herein, the State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

2.5 State’s Obligations:

2.5.1 The Fire Department administration staff is available Monday through Friday, 0700 – 1500.

2.5.2 The 139th Fire Department will provide the Air Force Fire and Emergency Services Technical

Implementation Guide (TIG) 1582-22 to the contractor upon award.

2.5.3 The fire department will ensure that the fire department physician is a licensed Doctor of Medicine or Doctor of Osteopathic Medicine who has completed residency training in an accredited medical training program and/or is American Boards of Medical Specialists (ABMS) or American Osteopathic Association (AOA) board certified or international equivalent.

2.6 Reporting Requirements:

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2.6.1 Upon completion of the NFPA physical, the contractor shall ensure the qualified licensed healthcare provider completes and signs Attachment 3 – 139th Airlift Wing Rosecrans Physical Examination and Fit- For-Duty Certification form certifying whether the individual is “ABLE to Perform Essential Functions of a Firefighter (NFPA)” or “UNABLE to Perform the Essential Functions of a Firefighter (NFPA)” or “ABLE to Perform Essential Functions of a Firefighter (NFPA) with a reasonable accommodation”. If reasonable accommodation is noted, then the certification form must also identify the individual’s specific medical or functional limitations and outline any suggested reasonable accommodations for the State Agency’s review and consideration. The contractor shall then email the certification form to Human Resources at hr.ng@mong.mo.gov.

2.6.2 Upon completing any audiogram test, and/or asbestos physical, the contractor shall ensure the qualified licensed healthcare provider completes and signs Attachment 3 – 139th Airlift Wing Rosecrans Physical Examination and Fit-For-Duty Certification form certifying whether the individual is “ABLE to Perform Essential Functions” or “UNABLE to Perform the Essential Functions” or “ABLE to Perform Essential Functions with a reasonable accommodation.” If a reasonable accommodation is noted then the certification form must also identify the individual’s specific medical or functional limitations and outline any suggested reasonable accommodations for the State Agency’s review and consideration. The contractor shall them email the certification form to Human Resources at hr.ng@mong.mo.gov.

2.7 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.7.1 Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

2.7.2 Invoicing: The contractor shall submit invoices after services are provided and result documentation is provided to the state agency. The contractor shall perform the services prior to invoicing the state agency.

a. The contractor shall invoice the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the following address:

139CES.CESRA.org@us.af.mil

b. The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

c. Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices.

The contractor must comply with all other invoicing requirements stated in the IFB.

d. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order.

Failure to comply with this requirement may delay processing of invoices for payment.

e. The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.

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2.7.3 Payment:

a. Payments are due upon receipt of a valid invoice, payable in thirty (30) calendar days. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo.

b. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.

c. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

2.7.4 If the state agency denies a request by the contractor for payment, the state agency will provide the contractor with written notice of the reason(s) for denial.

2.7.5 If the contractor is overpaid by the state agency the contractor, upon notification by the state agency, shall provide the state agency (1) with a check payable as instructed by the state agency or (2) deduct the overpayment from the invoice(s) as requested by the state agency.

2.7.6 The total payments to the contractor for all services and expenses shall not exceed the guaranteed not to exceed total price stated on the Exhibit C, Pricing Pages.

2.7.7 Other than the payments specified in the contract, no other payments shall be made to the contractor.

****END OF SCOPE OF WORK SECTION****

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3. TERMS AND CONDITIONS SECTION

3.1 Applicable Laws and Regulations:

3.1.1 The contract shall be construed according to the laws of the State of Missouri. The contractor and the

State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable.

However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and department.

3.2 Non-Discrimination and Affirmative Action:

3.2.1 The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

3.3 Americans with Disabilities Act:

3.3.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

3.4 Authorized Personnel/E-Verify:

3.4.1 For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

3.4.2 Prior to the performance of any services, a contractor meeting the definition of a business entity in section

285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.

3.4.3 The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

3.4.4 The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

3.5 Business Associate Agreement:

3.5.1 Some of the state agencies and the contractor are both subject to and must comply with 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) and all regulations promulgated pursuant to authority granted therein. The contractor shall abide by a Business Associate Agreement. The state’s current Business Associate Agreement is contained in Attachment 1.

3.6 Business Registration:

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3.6.1 The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

3.7 Data Breach:

3.7.1 If a data breach impacting the State of Missouri’s data requires the state to comply with section 407.1500, RSMo, the contractor shall assist the state by providing to the state any requested information held by the contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

3.8 Elected or Appointed Officials and Employees:

3.8.1 Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

3.9 Indemnification:

3.9.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of

Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

3.10 Legal Proceedings:

3.10.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri

Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

3.10.2 The contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

3.10.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The state may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the state.

3.11 Federal Funds Requirements:

3.11.1 The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment 2 or other requirements identified by the federal government.

3.12 Invoicing and Payment:

3.12.1 Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.

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3.13 Non-Appropriation of Funds:

3.13.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period.

The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

3.13.2 To the extent that federal funding is used for the contract, the contract shall not be binding upon the state for any period in which such funding is reduced, terminated, withheld, restricted, or is frozen or paused.

3.14 Work Outside the United States:

3.14.1 Unless work outside the United States is prohibited by the IFB, any work performed outside of the United

States for the contract must comply with Executive Order 04-09.

3.15 Open Records:

3.15.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

3.16 Protests:

3.16.1 Any bid award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

3.17 Record Access:

3.17.1 The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

3.18 State Preferences:

3.18.1 If the contractor’s awarded bid includes state preferences, the contractor must comply with the rules applicable to those preferences including:

a. Section 34.070 and section 34.073 RSMo for Missouri business preferences; and

b. Section 34.074 RSMo and 1 CSR 40-1.050 for Service Disabled Veteran Enterprises.

3.19 Taxes: The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.

*****END OF TERMS AND CONDITIONS SECTION*****

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4. GENERAL CONTRACTUAL REQUIREMENTS SECTION

4.1 Contract Definition:

4.1.1 A binding contract shall consist of the following documents:

a. the most current version of the IFB (including all Exhibits and Attachments included in the IFB) as amended by: IFB amendment(s) issued prior to bid closing, and contract amendment(s);

b. the most current version of the contractor’s bid, state-requested clarification responses, and contract amendment responses; and

c. the department’s acceptance of the response (bid) by “notice of award”.

4.1.2 The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein.

4.1.3 The vendor’s response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the vendor’s response is accepted by the state and a contract is awarded.

4.1.4 The contractor further agrees that the language of the IFB shall govern in the event of a conflict with the contractor’s response.

4.1.5 The contractor shall agree to furnish all awarded services specified in the contract, at the prices quoted therein.

4.1.6 A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of written authorization to proceed from the state, such as an order form, (in addition to the department’s “notice of award”).

4.1.7 The department will sign or “click-through” and accept agreements if required by the contractor in order to receive services; however, all provisions of such agreements that conflict with the contract shall have no force or effect.

4.2 Contract Amendment:

4.2.1 All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the department prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.

4.3 Contract Period:

4.3.1 The original contract period shall be as specified on the cover page and the subsequent Notice of Award of the IFB.

4.3.2 Renewal Options: The department shall have the right, at its sole option, to renew the contract for two (2) additional one-year periods, or any portion thereof. In the event the department exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

4.4 Contract Pricing:

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4.4.1 All prices shall be firm, fixed, and as indicated in the Exhibit C, Pricing Pages. 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, liquidated damages, attorney fees, etc.

4.4.2 Renewal Pricing: If the option for renewal is exercised by the department, the contractor shall agree that the percentages for the renewal period shall not exceed the percentages for the applicable renewal period stated on the Exhibit C, Pricing Pages.

a. If renewal percentages are not provided with the accepted response, then prices during the renewal period shall be the same as the original contract period pricing.

b. In addition, the contractor shall understand and agree that any renewal period increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

4.5 Termination for Convenience:

4.5.1 The department reserves the right to terminate the contract at any time, for the convenience of the State of

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

4.5.2 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period.

The contract shall not be binding upon the state for any period in which funds have not been appropriated or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

4.6 Cancellation for Breach of Contract:

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

4.6.2 If the contractor fails to cure the breach or if circumstances demand immediate action, the department will issue a notice of cancellation terminating the contract immediately. If it is determined the department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

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

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4.6.4 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period.

The contract shall not be binding upon the state for any period in which funds have not been appropriated or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

4.7 Contract Assignment:

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

4.8 Contractor Liability:

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

a. The contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract.

b. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by…