State of Missouri Office of Administration (OA)

Invitation for Bid (IFB) for TN3270 Update Pilot

BID DUE NO LATER THAN: 09/08/2026 AT 1:00 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)

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Bradley Mealy

PHONE NO.: (573) 751-8302

EMAIL: brad.mealy@oa.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:

301 West High Street Jefferson City, MO 65101

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.

AMENDMENT #02 to OA ITSD 0000000032SL

TITLE: TN3270 Update Pilot

CONTRACT PERIOD: Date of Award Through One Year

PLEASE BE ADVISED OF THE FOLLOWING CHANGES AND CLARIFICATIONS:

The new Honorably Discharged Veteran Enterprise (HDVE) preference under Section 34.069, RSMo took effect August 28, 2026. Language for HDVE is now referenced in the following sections:

4.13

5.12.1 (c) 5.14 Exhibit E, Participation Commitment Exhibit F, Documentation of Intent to Participate

Vendors may review the revision(s) to the MissouriBUYS, powered by MOVERS electronic solicitation and the amendment document(s) at https://MissouriBUYS.mo.gov. You may be required to acknowledge the electronic amendment.

ATTENTION: IF YOU HAVE ALREADY SUBMITTED A RESPONSE TO THE SOLICITATION, ACCEPTANCE OF THE AMENDMENT AND RESUBMISSION YOUR SOLICITATION RESPONSE IS NECESSARY TO ENSURE THE STATE OF MISSOURI SUCCESSFULLY RECEIVES YOUR SOLICITATION RESPONSE.

Follow the instructions in the Reference Guide for How to Submit Response Online (https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions ) and outlined below if previously responded to the solicitation prior to the amendment issuance.

1) Log into MissouriBUYS, powered by MOVERS (https://missouribuys.mo.gov/).

2) Under Tasks click View Negotiations below Solicitations.

3) The Active Solicitations page will appear. Utilize the search filters and click on the Solicitation Number to open.

4) The Overview page will display. Click Create Response.

5) A Warning pop-up box will open. The supplier must click Yes to continue to view and acknowledge amendments.

6) The supplier should highlight the Amendment(s) and view the changes made via the amendment(s). Once the review is complete, select the Acknowledgement checkbox for each amendment and click Submit at the top right-hand corner of the page. NOTE: A Warning pop-up box will open if all amendments have not been acknowledged. Click Yes to continue.

7) A Confirmation pop-up box will open confirming amendments have been acknowledged. It will also warn that resubmission of the previously submitted response is necessary prior to response to the amendment. Click OK.

8) Supplier will need to click Create Response again and respond to the amended solicitation. NOTE: The Create Response step includes attaching the supplier’s response again.

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)

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Bradley Mealy

PHONE NO.: (573) 751-8302

EMAIL: brad.mealy@oa.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:

301 West High Street Jefferson City, MO 65101

ATTENTION:

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

5. 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.

6. 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.

AMENDMENT #01 to OA ITSD 0000000032SL

TITLE: TN3270 Update Pilot

CONTRACT PERIOD: Date of Award Through One Year

PLEASE BE ADVISED OF THE FOLLOWING CHANGES AND CLARIFICATIONS:

1. Bid Due Date has been extended to 09/08/2026 at 1:00 p.m.

2. 1.3.3 now states “All questions and issues should be submitted no later than three (3) business days prior to the bid closing date and time of the bid. If not received prior to three (3) business days before the bid closing date and time, the department may not be able to fully research and consider the respective questions or issues.”

Vendors may review the revision(s) to the MissouriBUYS, powered by MOVERS electronic solicitation and the amendment document(s) at https://MissouriBUYS.mo.gov. You may be required to acknowledge the electronic amendment.

ATTENTION: IF YOU HAVE ALREADY SUBMITTED A RESPONSE TO THE SOLICITATION, ACCEPTANCE OF THE AMENDMENT AND RESUBMISSION YOUR SOLICITATION RESPONSE IS NECESSARY TO ENSURE THE STATE OF MISSOURI SUCCESSFULLY RECEIVES YOUR SOLICITATION RESPONSE.

Follow the instructions in the Reference Guide for How to Submit Response Online (https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions ) and outlined below if previously responded to the solicitation prior to the amendment issuance.

9) Log into MissouriBUYS, powered by MOVERS (https://missouribuys.mo.gov/).

10) Under Tasks click View Negotiations below Solicitations.

11) The Active Solicitations page will appear. Utilize the search filters and click on the Solicitation Number to open.

12) The Overview page will display. Click Create Response.

13) A Warning pop-up box will open. The supplier must click Yes to continue to view and acknowledge amendments.

14) The supplier should highlight the Amendment(s) and view the changes made via the amendment(s). Once the review is complete, select the Acknowledgement checkbox for each amendment and click Submit at the top right-hand corner of the page. NOTE: A Warning pop-up box will open if all amendments have not been acknowledged. Click Yes to continue.

15) A Confirmation pop-up box will open confirming amendments have been acknowledged. It will also warn that resubmission of the previously submitted response is necessary prior to response to the amendment. Click OK.

16) Supplier will need to click Create Response again and respond to the amended solicitation. NOTE: The Create Response step includes attaching the supplier’s response again.

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 Office of Administration office by the closing date and time.

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Bradley Mealy

PHONE NO.: (573) 751-8302

EMAIL: brad.mealy@oa.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:

301 West High Street Jefferson City, MO 65101

ATTENTION:

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

8. 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.

9. 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:

IFB Vendor Response Exhibits (Return these exhibits with the bid)

BUSINESS COMPLIANCE EXHIBITS

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed bids for the provision of a mainframe emulator as set forth herein for Office of Administration (hereinafter referred to as “state agency”).

The Office of Administration (OA), alongside user groups from the Department of Social Services (DSS) and the Department of Revenue (DOR), will utilize this solution to maintain uninterrupted, mission-critical business operations that rely on mainframe database records.

The primary purposes and operational use cases include:

Modernizing Legacy Infrastructure: Securing a long-term, legally supported platform to replace the expiring system before December 31, 2026, thereby mitigating severe operational and security risks.

Facilitating Phased Agency Migrations: Providing a reliable, scalable bridging solution for agencies actively modernizing their platforms.

Ensuring Secure, Decentralized System Access: Ensuring that internal state employees can execute remote and on-site mainframe data queries, print documentation, and run automated macros safely under strict modern security, privacy, and accessibility guidelines.

Background and Historical Usage Information:

TN3270 is a specialized communication protocol that allows modern computers to connect to IBM mainframe systems by emulating the behavior of legacy 3270 terminals. It enables users to interact with text-based mainframe applications over standard TCP/IP networks, providing a bridge between current hardware and mission-critical "green screen" data environments. The Project will upgrade the current program to a newer and better-supported application.

This pilot to select a vendor is being restricted to IBM and FlexSoftware.

a. To ensure operational continuity and compliance with state technical requirements, the State of Missouri conducted an initial market analysis and technical screening of potential terminal emulation software providers. Through a rigorous preliminary evaluation focusing on key parameters—specifically out-of-the-box compatibility with legacy WHLLAPI/EHLLAPI automation macros, native support for IND$FILE file transfers, secure TLS v1.2 encryption capabilities, and seamless software packaging for enterprise-wide automated deployment—the list of viable solutions was narrowed down from seven to two qualified vendors. These top two solutions demonstrated the requisite technical maturity and infrastructure interoperability necessary to fulfill the operational demands of participating state agencies while bridging ongoing system modernizations.

IFB Questions:

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.

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.

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.

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 three (3) business days prior to the bid closing date and time of the bid. If not received prior to three (3) business days before the bid closing date and time, the department may not be able to fully research and consider the respective questions or issues.

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 were considered but deemed unnecessary for a 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).

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.

Amendments:

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.

Glossary of Terms and Acronyms:

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

General Glossary, Acronyms, and Abbreviations:

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.

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

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.

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

Procurement officer means the procurement staff member of the department.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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

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.

Shall has the same meaning as the word must.

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

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

Supplier has the same meaning as the word, vendor.

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.

Accuracy of Background Information:

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****

SCOPE OF WORK SECTION

General Requirements:

The contractor must provide an enterprise-grade TN3270 Terminal Emulation software solution to replace the state’s legacy emulator. The contractor must provide a solution that delivers secure, high-performance terminal access to IBM Z-series mainframe systems over TCP/IP standard networks.

The contractor must provide either an IBM or FlexSoftware enterprise-grade TN3270 Technical Emulation software solution.

The contractor’s products and services must include the following:

Terminal Emulation Software: Core TN3270 emulation capabilities supporting standard terminal screen size models (such as Model 2, 3, 4, or 5), extensive key and color remapping, and customizable interfaces.

Automation & Integration Tools: Full compatibility with standard programming interfaces—specifically WHLLAPI, WHLLAPI32, and EHLLAPI—to seamlessly support existing automated workflows and integration tools without rewriting code.

The emulator should support the use of macros to make automating day-to-day repetitive tasks easier.

File Transfer & Printing Services: Native utility support for IND$FILE transfers, secure FTP protocols, and local/network Host Print sessions.

Advanced Security, Compliance, and Connectivity: Enterprise-grade security handling modern encryption protocols, including mandatory TLS v1.2 and a documented technical path to TLS v1.3 and FIPS readiness. The contractor must support standard IPv4 internet protocols with IPv6 being currently supported or in the near future.

Maintenance & Support Services: Comprehensive technical support, product documentation, software updates, and training availability to ensure self-sufficiency deployment by internal state administrators.

1.1.1 The contractor shall provide the software, licensing, implementation, training, and maintenance support 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. All products, reports, and communications will be sent to the Office of Administration in accordance with the provisions and requirements stated herein, and to the sole satisfaction of the state agency.

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.

Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the products required herein.

Technical Requirements: Terminal Emulation Core Functionality & Interoperability

Technical Elements 3270 Emulation: The contractor must provide software that fully emulates standard IBM Z-series mainframe 3270 screen sizes (including Model 2, 3, 4, and 5 variants) over standard TCP/IP network infrastructures.

API Compatibility: The software must maintain out-of-the-box compatibility with existing state scripts, macros, and automation tools via WHLLAPI, WHLLAPI32, and EHLLAPI interfaces.

Customization: The interface must allow users to natively customize, save, and distribute customized keyboard mappings, window themes, toolbar configurations, and color schemes.

Technical Requirements: Operational Capabilities, Security, and Cloud Architecture

Technical Elements:

· File operations & printing: The solution must natively support host printing sessions, secure ftp operations, and bi-directional file transfers using IND$FILE utilities.

· Session encryption: The solution must safeguard state traffic utilizing active transport layer security (TLS) v1.2 encryption with client-server negotiation.

· Roadmap mandates: The contractor must provide a transparent product design roadmap detailing a clear path toward future TLS v1.3 and FIPS 140-3 readiness.

· Packaging & delivery: The contractor must deliver an application package capable of completely automated configuration, silent installation, and deployment via standard state delivery tools (e.g., SCCM) without direct, on-site vendor access.

Product Requirements:

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 baseline estimate is for approximately 40 active licenses for the initial cross-agency pilot deployment phase. However, due to ongoing agency modernization, the solution must be dynamically scalable up to 4,000 concurrent licenses to cover temporary operational gaps. Unless otherwise specified herein, the State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

The contractor shall agree that the product provided under contract shall conform to all mandatory specifications, terms, conditions and requirements stated herein. Furthermore, the product provided during the 30-to-60-day evaluation pilot phase shall be the same product submitted in accordance with paragraph 5.11 (Technical Bid Evaluation) upon contract award.

Substitutions: The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the department.

In the event an item becomes unavailable, the contractor shall provide a suitable substitute item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The department shall be the final authority as to the acceptability of any proposed substitution.

Any item substitution shall require a formal contract amendment authorized by the department prior to the state acquiring the substitute item under the contract.

The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason, simply for reasons of unprofitability to the contractor.

Delivery Requirements: The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein or within a reasonable period of time, if a specific time is not stated to the state agency upon receipt of an authorized purchase order or P-card transaction notice.

Background Checks: Prior to providing services under the contract, the contractor must ensure that personnel (including any third-party personnel) pass standard background checks equal to those required by the State of Missouri for employees, and if required by the state to address an audit, the contractor must attest whether all applicable employees passed background checks performed in accordance with the contractor’s standard background check process. The contractor shall be responsible for all costs associated with background checks. The state agency reserves the right to require the contractor to provide evidence of employees and all subcontractors and their employees passing a background check. Link to MSHP Criminal Record Check website: http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html. The standard background check shall be a nationwide fingerprint check through the Missouri State Highway Patrol, completed at a frequency determined by the state.

Maintenance/Support Requirements:

Identify any maintenance and support requirements, including what must be included in maintenance (supplies, remedial or preventative maintenance, if maintenance is on-site, etc.) and support (level of support and support hours, etc.).

Installation Requirements:

The state will be responsible for installing the hardware, software, and providing connectivity. The contractor shall provide guidance to facilitate the state’s support of the online hardware.

Post-Installation Support: After the installation is completed, the contractor shall provide access to the installation guide for future reference.

The contractor must provide updates and revisions to the guide as needed to reflect changes in the system or technology.

Training Requirements:

The contractor must provide Web-based training or guided assistance for System Admin Users. The contractor may provide additional options for Web-conferencing training and/or Online training for users.

State’s Obligations:

State staff will be available Monday – Friday, from 8 AM to 5 PM.

Electronic Funds Transfer, Invoicing, and Payment Requirements:

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 that 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.

Invoicing: The contractor shall submit an invoice to OA.ITSDAccountsPayable@OA.MO.GOV. Invoices shall be due by the last day of the month following the in which the contractor provided services under the contract. The contractor shall perform the services prior to invoicing the state agency.

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.

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.

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 the items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

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

Payment:

Payments are due upon receipt of a valid invoice, payable in 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.

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

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.

The state will not pay for a software component until the initiation of the implementation of that software component.

The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

Inspection and Acceptance Specifications: For purposes of acceptance, no equipment, supplies, and/or services received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said equipment, supplies, and/or services.

All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected by the state. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

Travel Expenses: The contractor will not have any travel-related expenses.

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.

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.

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

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

1.2 Cyber Security Requirements:

2.10.1 Introduction: All Information Technology systems and/or services provided to the State of Missouri must comply with the cyber security requirements identified below. The cyber security requirements shall apply regardless of whether the solution is managed by the State of Missouri or is contractor managed (e.g., either cloud or on premises).

2.10.2 Policies and Procedures: All Information Technology systems and/or services provided to the State of Missouri must comply with National Institute of Standards and Technology (NIST) 800-53 or International Organization for Standardization (ISO) 27001 standards. The solution shall provide capabilities that support the state’s ability to remain in compliance with applicable federal laws and regulations related to the security and hosting services for the term of the contract.

a. The contractor must internally adopt and comply with NIST 800-53 or ISO27001 standards. The contractor must document how the contractor has internally adopted and complies with NIST 800-53 or ISO27001 by providing a list of titles of the cyber security policies currently in use to designated personnel in the State of Missouri, including proof of any certifications obtained by the contractor (i.e. SOC2, ISO27001/2, Federal Risk and Authorization Management Program (FedRAMP), or GovRAMP).

b. All contractor solutions must meet regulatory federal and state requirements as required by the solution.

2.10.3 Access Management: The contractor’s Internal Access Management must comply with NIST 800-53 controls or ISO27001 standards, and the contractor must provide multi-factor authentication for their employee remote access to all internal and cloud-based systems.

2.10.4 Network Architecture: The contractor shall use safeguards designed to prevent inappropriate use or disclosure of the state’s proprietary or confidential information. The contractor must provide protection against cyber threats using advanced tools including Advanced Firewall stacks, Web Application Firewalls, Intrusion Prevention appliances, advanced end-point protection agents, and advanced threat correlation and incident response systems.

1. Timestamp

2. User Identification

3. Event Type – what happened (logins, record access, changes to permissions, changes to configurations)

4. Event outcome (success or failure)

5. Source (IP address, port)

6. Destination (IP address, port)

7. Status code

8. Actioned resources (the object impacted, such as file paths, database tables, or API and session information/unique session ID)

3. Where the event occurred;

6. Identification of any individuals, subjects, or objects/entities associated with the event.

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

TERMS AND CONDITIONS SECTION

Applicable Laws and Regulations:

The contract shall be construed according to the laws of the State of Missouri. The contractor and the State of Missouri must comply with all applicable federal, state, and local laws and regulations governing 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 the consent of both the contractor and the department.

Non-Discrimination and Affirmative Action:

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

Americans with Disabilities Act:

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

Anti-Discrimination Against Israel Act Contractor Requirements:

If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

If during the life of the contract, the contractor’s business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the department an updated Exhibit J, Anti-Discrimination Against Israel Act Certification.

Authorized Personnel/E-Verify:

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.

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.

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

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

Business Registration:

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

Data Breach:

If a data breach impacting the 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.

Elected or Appointed Officials and Employees:

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

Indemnification:

Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

Legal Proceedings:

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.

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.

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.

Invoicing and Payment:

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

Non-Appropriation of Funds:

The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the 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).

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.

Work Outside the United States:

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.

Open Records:

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

Protests:

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

Record Access:

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

State Preferences:

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

Section 34.070 and section 34.073 RSMo for Missouri business preferences;

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

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

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

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

GENERAL Contractual REQUIREMENTS SECTION

Contract Definition:

A binding contract shall consist of the following documents:

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);

the most current version of the contractor’s bid, state-requested clarification responses, and contract amendment responses, and the contractor’s documentation, including, but not limited to, the cloud service providers’ cloud services end user terms; and the department’s acceptance of the response (bid) by “notice of award”.

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

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.

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

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

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 software 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”).

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

Contract Amendment:

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

Contract Period:

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

Renewal Option(s): The department shall have the right, at its sole option, to renew the contract for two additional one-year period(s), 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.

Contract Pricing:

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.

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

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

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…