Print Digital Services - Missouri Conservationist Magazine Xplor Supplement .docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Print and Digital Services – Missouri Conservationist Magazine and Xplor Supplement

PROPOSAL DUE NO LATER THAN: August 14, 2026 AT 2:00 PM CENTRAL TIME Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

E-mailed, mailed, courier, or hand-delivered proposal responses will not be accepted.

RFP CONTACT INFORMATION:

BUYER: Sean Mayer

PHONE NO.: (573) 751-4887

EMAIL: sean.mayer@oa.mo.gov See “RFP Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO THE FOLLOWING ADDRESS:

Missouri Department of Conservation Various Locations

ATTENTION:

1. After reviewing the Request for Proposal (RFP), the vendor must complete and return Exhibit A, Proposal 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 RFP’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 proposal. 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.

RFP Organization:

RFP Vendor Response Exhibits (Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of Print and Digital Services as set forth herein for Missouri Department of Conservation (hereinafter referred to as “state agency”).

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

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

Background Information:

The Missouri Conservationist is the official monthly publication of the Missouri Department of Conservation. The Missouri Conservationist has been printed as a service to Missouri citizens since 1938. The Xplor supplement that is printed six (6) times per year (January, March, May, July, September, and November) is the children’s section of the Missouri Conservationist magazine.

The vendor is advised that a sample of the Missouri Conservationist and a sample of the Xplor supplement are available by contacting the buyer of record as indicated on the cover page of this document. It shall be the sole responsibility of the vendor to request the samples. Unless otherwise specified herein, proposals submitted must be based upon the written specifications, not upon the samples.

Current and/or Previous Contract Information:

A current contract exists for the services being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of that contract may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid number RFPS30034902300757 or the contract number CS230757002 when searching for these documents.

State Expenditures: The Missouri Accountability Portal (MAP) located on the Internet at: http://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the site information and disclaimer links:

https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm and https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm#disclaimer. Then search by the contract numbers shown above when searching for the financial information.

RFP Questions:

Buyer 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 RFP, the evaluation, etc., to the buyer indicated on the first page of this RFP. It is preferred that questions be emailed to the buyer.

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 RFP: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing 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 proposal.

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 RFP, 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 proposal end date and time of the proposals. If not received prior to ten (10) calendar days before the proposal end date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

State’s Response to Vendor Questions: Upon the Division of Purchasing’s consideration of questions and issues, if the Division of Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP amendment. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal amendment to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

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

Amendments:

If the Division of Purchasing determines that changes to the RFP are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s) prior to the proposal end date and time.

Glossary of Terms and Acronyms:

Whenever the following terms and acronyms appear in the RFP 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 Division of Purchasing (Purchasing). The agency is also responsible for payment, unless otherwise specified herein.

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

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

Buyer means the procurement staff member of Purchasing.

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, offeror, person, or organization who is a successful vendor as a result of an RFP and who enters into a contract.

Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with their proposal prior to the specified end date and time.

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 RFP. The pricing pages must be completed and submitted by the vendor with the proposal prior to the specified proposal end date and time.

Proposal End Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.

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.

Request for Proposal (RFP) means the solicitation document issued by Purchasing 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 RFP); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the RFP Vendor Response Exhibits, Attachments, and Amendments of the RFP.

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 Purchasing.

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, offeror, person, or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP 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 RFP.

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

SCOPE OF WORK SECTION

General Requirements:

The contractor shall print, bind, address, package, and mail the Missouri Conservationist Magazine (hereinafter referred to as “magazine”) and the Xplor supplement for the Missouri Department of Conservation (hereinafter referred to as the state agency) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor must have a printing plant that is currently operational and capable of printing the magazine and Xplor supplement.

The contractor shall print the magazine and Xplor supplement in the same plant.

Except for the mailing services specified herein, the contractor shall not subcontract any part of the printing and manufacturing of the magazines and the Xplor supplements.

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

Minimum Experience Requirements:

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

The contractor shall have a minimum of five (5) years’ experience in providing print and digital services.

Personnel Requirements:

The contractor’s personnel should be trained in the basic standards of professional print operators.

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.

Printing Requirements:

Composition – By no later than the seventeenth (17th) day of the month prior to the month of publication (for example, the composition for the September issue of the magazine and Xplor supplement shall be submitted to the contractor by no later than August 17th), the state agency will prepare and submit via the internet, the magazine composition and, if applicable, the Xplor supplement composition to the contractor as PDF/X-1a files. Within one (1) business day after the receipt of the composition, the contractor shall process the PDF/X-1a files and shall provide the state agency with access to the files for approval.

The contractor shall compare the composition to the printing requirements specified herein. In the event the composition differs from the printing requirements, the contractor shall notify the state agency of such difference(s) and shall follow the state agency’s instructions concerning the reconciliation of such difference(s).

In the event the state agency fails to provide the composition and/or materials in accordance with the schedule specified herein, the state agency will review and may extend the delivery schedule. Such extension shall not be more than the number of business days after the composition and/or materials were withheld from the contractor. When delivery is made later than a date established by such extension, the contractor shall be considered late.

The contractor shall provide the state agency with access to Specification Web Offset Publications (SWOP) proofs for approval prior to printing.

The contractor shall make all revisions, changes, and/or alterations to the proofs requested by the state agency. In addition, the contractor shall make corrections and revisions to the proofs that are necessary due to contractor error. The contractor shall submit the revised proofs to the state agency within forty-eight (48) hours after the contractor’s receipt of requested revisions, changes, and/or alterations from the state agency.

The contractor must receive approval from the state agency via the file upload process prior to printing the magazine and Xplor supplement.

The contractor shall use a press controlled, automated color control system for color consistency.

The contractor shall notify the state agency at least five (5) business days prior to the beginning of a press run. The state agency may monitor the production of the magazine and Xplor supplement. The state agency reserves the right to approve color and registration on the press sheet. The contractor must maintain both the color and registration of the signed press sheet throughout the press run. The contractor shall obtain permission from the state agency representative to begin saving the magazine and Xplor supplement.

In addition to press sheets, the contractor shall provide on the press, electronic, color accurate, SWOP proofing monitors for state agency viewing throughout the press runs of the cover and body forms of the magazine and Xplor supplement for color approval.

Upon receipt of state agency approval, the contractor shall print the magazine and Xplor supplement as specified below:

Paper – Except for the paper for a cover wrap as specified below, the state agency will furnish the contractor with paper for the magazine and Xplor supplement. The state agency will have the paper shipped to the contractor on an as-needed basis.

Text pages shall be printed on fifty (50) pound coated web paper. Approximately one hundred and twenty to three hundred thousand (120,000-300,000) pounds will be shipped to the contractor each shipment.

Cover pages shall be printed on one hundred (100) pound coated web paper. Approximately eighty-four thousand (84,000) pounds will be shipped to the contractor each shipment. The front and back cover pages, C1 and C4, shall be Ultra-Violet (UV) coated, absent a knock-out window. A high-gloss result is required.

The paper for both text and cover pages comes on thirty-four and one-half inch (34 1/2") rolls.

At the end of a press run, the contractor shall submit an inventory report to the state agency indicating, by basis weight, the quantity of paper used, and the quantity of paper remaining.

The contractor shall warehouse surplus paper for the state agency. The surplus may range from three hundred thousand (300,000) to five hundred thousand (500,000) pounds.

Quantity:

Magazine – The contractor shall print one (1) issue per month for a twelve (12) month period. The contractor shall print a base of four hundred and fifty thousand (450,000) copies of each issue of the magazine unless otherwise requested by the state agency. The State of Missouri reserves the right to increase or decrease copies in advance of printing for any given month if necessary. In no event shall the state agency accept less than the number of magazines ordered.

Xplor Supplement – The contractor shall print one (1) issue of the Xplor supplement six (6) times per calendar year. The Xplor supplement shall be printed concurrent to the January, March, May, July, September, and November issue of the magazine. The contractor shall print a base of three hundred thousand (300,000) copies of each Xplor supplement. The State of Missouri reserves the right to increase or decrease additional copies in advance of printing for any given month if necessary. In no event shall the state agency accept less than the number of Xplor supplements ordered.

Pages:

Magazine – The magazine shall have thirty-two (32) pages, plus a cover. Depending on changes in editorial needs, the state agency may require an increase or decrease in page counts.

Xplor Supplement – The Xplor supplement shall contain twenty (20) pages, plus a cover. Depending on changes in editorial needs, the state agency may require an increase or decrease in page counts.

Size – The contractor’s text and cover pages for the magazine and the Xplor supplement shall be between eight and three-eighths of an inch to eight and one half inch (8 3/8" - 8 1/2") by ten and thirteen-sixteenths of an inch to ten and seven-eighths of an inch (10 13/16" – 10 7/8") trimmed, as determined by the state agency when the print order is submitted.

Ink – The contractor shall use soybean-based ink and all ink used for production must be heat set.

Color – The contractor shall use 4-color ink and shall produce plates using a one hundred and seventy-five (175) line screen via computer to plate technology.

Binding – The magazine and Xplor supplement shall be double saddle-stitched.

Print – The contractor shall use web printing for the magazine, Xplor supplement, and any reprints.

The contractor shall provide side-by-side runs of the cover and body forms of the magazine and Xplor supplement.

Reprints – The contractor shall provide reprints of a section or article of the magazine or Xplor supplement as requested by the state agency, in the quantities specified by the state agency. The state agency estimates that the majority of reprints shall be in quantities of five thousand (5,000), ten thousand (10,000), or twenty-five thousand (25,000). Additionally, reprints are usually eight (8), twelve (12), sixteen (16), twenty (20), or twenty-four (24) pages in length.

Upon request by the state agency, the contractor shall provide the paper for the reprints. The contractor shall provide fifty (50) pound paper for the reprints.

If requested by the state agency, the contractor shall make revisions, changes, and/or alterations to the original section of the magazine or Xplor supplement prior to the printing of the reprint. In addition, the contractor shall provide author alterations as requested by the state agency.

The contractor shall saddle-stitch reprints, as specified by the state agency.

If requested by the state agency, the contractor shall print an insert to the magazine. The state agency will determine the insert sizing and page count when the print order is submitted. The contractor shall double saddle stitch the insert on the 10 7/8” way, shall trim the insert to size, and shall saddle stitch the insert to the magazine.

If requested by the state agency, the contractor shall print and insert a 4-color, 2-sided, six inches by four and one fourth inch (6" x 4 1/4") card with four and one half inch (4 1/2") hanger into the magazine, between signature pages, and jog/justify the card to the signature pages to fit. The insert shall be printed on 7-point (.007) card stock and be perforated. The contractor shall supply the paper for the insert. As specified by the state agency, the contractor shall saddle-stitch the inserts into a randomly selected number of magazines, into a specified group of magazines (e.g. geographic area), or into all the magazines.

Cover Wrap – If requested, the contractor shall provide a cover wrap for magazines being sent to select addresses for subscriber notifications and renewal instructions as directed by the state agency. The state agency estimates, but cannot guarantee, that cover wraps will be ordered in quantities of ten thousand (10,000), twenty-five thousand (25,000) and fifty thousand (50,000).

The contractor shall furnish the paper for the cover wrap. Such paper shall be white, uncoated, seventy-five (75) pound high bulk, seven point (.007) card stock paper.

Four (4) color printing shall appear on C1 (front cover) and C4 (back cover) of the cover wrap.

If requested, C4 shall have a perforated area three and one half inches by five and one half inches (3 1/2" by 5 1/2") minimum in the area where an address will be printed.

If requested, each subscriber’s respective subscription number shall be printed in barcode (3 of 9 code) form directly above the subscriber’s address. The contractor shall ensure the barcodes are printed clearly and scan accurately prior to mailing.

Workmanship Requirements:

The contractor shall ensure that the execution of the prepress, presswork, binding, and trim is consistent with best workmanship practices and conforms to the directions given by the state agency. The magazine and Xplor supplement must be well printed with color renditions as accurate as technically possible. All magazines and Xplor supplements must have equally high printing, binding, and trim quality.

Addressing, Packaging, Mailing/Deliver Requirements:

Addressing Requirements - The state agency will provide the contractor with FTP digital files that contain the mailing lists for the magazines and Xplor supplements. The contractor shall presort and format the magazine and Xplor supplement mailing lists.

The contractor shall ink-jet print addresses on the magazines and Xplor supplements. The contractor shall also print barcodes on cover 4 (C4) either over the UV coating or within a knockout window of the magazines and Xplor supplements in accordance with United States Postal Service (USPS) periodical postal standards and Intelligent Mail Barcode Specifications for full-service automation of periodicals in order to achieve the lowest mailing costs possible. The state agency will apply for and will provide the barcodes to the contractor.

The contractor must not use the state agency’s mailing list for any purpose other than as described herein.

Packaging Requirements – The contractor shall bundle the addressed magazines and Xplor supplements in bundles of four hundred (400) magazines/supplements. The contractor shall shrink wrap the bundles in seventy-five (75) gauge film. The contractor shall package according to USPS standards.

The contractor shall load the bundles on pallets in accordance with USPS periodical requirements/standards.

Delivery/Mailing Requirements for Addressed Magazine and Xplor Supplements – The contractor shall either deliver the pallets to the nearest mailing facility that is capable of processing periodical mail, or if it is more cost effective, the contractor shall “drop ship” the magazines and Xplor supplements to a local bulk mailing center, either directly or through the use of a subcontractor.

The contractor must make such deliveries no later than three (3) business days prior to the first day of the month of the issue.

The contractor shall send the state agency monthly approval requests for both domestic and foreign address labels. The Domestic Approval Request shall include a summary of the total number of subscriber addresses, the total number of magazines and Xplor supplements that could not be mailed due to address errors, the total number of magazines and Xplor supplements that were mailed and then returned due to inaccurate addresses, a sample of ten (10) subscriber records and their corresponding address labels, and the total number of magazines and Xplor supplements mailed.

If the magazines and Xplor supplements are delivered to the United States Postal Service, the contractor shall obtain a computerized document from the mailing facility indicating the amount of postage for the mailing of the magazines and Xplor supplements, and shall submit such to the state agency. If a local bulk mailing center is utilized, the contractor shall provide the state agency with a monthly statement detailing the total postage cost for the drop shipment that shows any net saving realized as a result of the drop shipment. Domestic and foreign mailing costs should be noted separately.

If requested by the state agency, the contractor shall provide National Change of Address (NCOA) update service for the state agency’s magazine and Xplor supplement mailing lists.

State Agency Delivery Requirements - The contractor shall deliver approximately (quantity subject to change) one thousand (1,000) magazines and two thousand (2,000) Xplor supplements to the state agency at the following address:

Missouri Department of Conservation Attn: Circulation 230 Commerce Dr.

Suite 301, Dock 4 Jefferson City, MO 65109

The magazines shall be boxed in quantities of one hundred (100) magazines per box and the Xplor supplements shall be boxed in quantities of one hundred and fifty (150) Xplor supplements per box.

The contractor shall label two (2) opposite sides or ends on the outside of each box with the name, the issue date, and the quantity of magazines or Xplor supplements contained therein.

Digital Solution/Publishing Requirements:

The contractor shall convert an interactive, digital version of the magazine from high-quality PDF files provided by the state agency for digital publication into an interactive, digital version of the magazine.

The contractor’s digital version of the magazine must be viewable by readers in a digital format on computer desktops and laptops utilizing a web-based online reader and mobile devices (e.g. tablets and smart phones) utilizing websites and mobile application(s) provided by the contractor.

The contractor shall provide a digital solution that includes the development of an Apple iOS, iPadOS, and Google Play (Android) application that provides readers the ability to download an Apple iOS, iPadOS, or Google Play (Android) application, depending on the reader’s device, ensuring an optimized reader experience when reading the magazine electronically.

The contractor shall ensure the Apple iOS, iPadOS, and Google Play (Android) application functions properly on the latest version of each mobile operating system.

The contractor shall allow Apple iOS, iPadOS, and Google Play (Android) application users the ability to read the magazine offline.

The contractor shall maintain the Apple iOS, iPadOS, and Google Play (Android) to the appropriate requirements outlined by Apple and Google to ensure the application is not removed from the Apple App Store or Google Play Store.

The contractor shall allow the digital publication of the magazine to include additional embedded interactive resources (e.g. images, audio, and video), provided by the state agency, to be inserted throughout the magazine, and be interacted with readers viewing the content.

The contractor shall utilize a workflow process that allows the state agency the ability to preview and edit a draft of the digital version of the magazine before the digital version is published. The contractor shall not publish the digital version of the magazine until written or verbal approval from the state agency is received.

Upon approval of the digital version of the publication by the state agency, the contractor shall automatically upload the new issues to the magazines’ online reader and Apple iOS, iPadOS, and Google Play (Android) applications.

The contractor shall archive all digital versions of the magazine published by the contractor, in a manner that allows readers to view the archived content. All archived digital versions shall be available to be viewed by readers throughout the life of the contract.

The contractor shall provide a solution that allows the state agency to access and generate reports and metrics regarding the usage of the digital version of the magazines. The contractor’s solution shall generate monthly analytics, which are accessible by the state agency, and minimally identify the number of readers that viewed the digital version by each of the required digital methods [e.g. computer, Apple iOS, iPadsOS, and Google Play (Android)]. Upon written request by the state agency, the contractor shall provide custom timeframe reports to the state agency within five (5) business days. The contractor’s solution shall store usage data for a minimum of two (2) years.

The contractor shall allow readers the ability to bookmark articles from the digital issues of the magazine on the readers’ personal computer and mobile device.

The contractor shall allow readers the ability to print articles from the digital issues of the magazine from the readers’ personal computer. In addition, the contractor should allow readers the ability to print articles from the digital issues of the magazine from the readers’ mobile device.

The contractor shall allow readers the ability to download a full PDF version of the digital issues of the magazine.

The contractor shall allow the state agency to customize the online reader and mobile applications to include the state agency’s logo and style

Performance/Product Requirements:

Estimated Quantities: The quantities indicated in this RFP are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

Contractor Sample Assurance: The contractor shall agree that the product provided under contract shall conform to all mandatory specifications, terms, conditions and requirements stated herein. Furthermore, if the product has been sample-tested, the contractor shall agree that the same product submitted in accordance with paragraph 5.2.3 for sample-testing and which passed sample-testing shall be provided to the state agency for the duration of the contract.

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

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 Division of Purchasing shall be the final authority as to acceptability of any proposed substitution.

Any item substitution shall require a formal contract amendment authorized by the Division of Purchasing 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.

Replacement of Damaged Product: The contractor shall repair or replace any item or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement.

Reporting Requirements/Reporting and Recordkeeping Requirements:

Contract Monitoring: The state agency reserves the right to monitor the contract throughout the effective period of the contract to ensure financial and contractual compliance. If the state agency determines the contractor to be at high-risk for non-compliance, the state agency shall have the right to impose special conditions or restrictions. Written notification will be provided to the contractor of the determination of high-risk and of any special conditions or restrictions to be imposed. The special conditions or restrictions may include, but not limited to, those conditions specified below:

Withholding authority to proceed to the next phase of the project until the state agency receives evidence of acceptable performance within a given contract period;

Requiring additional, more detailed financial reports or other documentation;

Additional contract monitoring;

Requiring the contractor to obtain technical or management assistance; and/or

Establishing additional prior approvals from the state agency.

Liquidated Damages:

The contractor shall understand and agree that the printing, addressing, packaging, and mailing/delivery of the magazines and Xplor supplements in accordance with the requirements stated herein are considered critical to the efficient operations of the state agency. However, since the amount of actual damages would be difficult to establish in the event the contractor fails to comply with the printing, addressing, packaging, and/or mailing/delivery requirements, the contractor shall agree and understand that the amount identified below as liquidated damages shall be reasonable and fair under the circumstances.

In the event the contractor fails to deliver and/or mail the magazines and/or Xplor supplements in accordance with the delivery/mailing schedule specified herein or by dates specified by the state agency in the event of an extension to the delivery/mailing schedule, the contractor shall be assessed liquidated damages in the amount of two hundred dollars ($200) per day for each delinquent day until delivery and/or mailing of the magazines and/or Xplor supplements.

In the event the quality of the printing on the magazines and/or Xplor supplements, or the construction of the magazines and/or Xplor supplements either fails to comply with the printing and construction requirements specified herein or is not consistent with the quality of printing on the samples submitted with the contractor’s awarded proposal, the state agency will have the right to reject all or part of the completed printing. If requested by the state agency, the contractor shall reprint the magazines and/or Xplor supplements at no additional cost to the state agency. However, if delivery of the magazines and/or Xplor supplements is critical, as determined by the state agency, and the state agency elects to accept the magazines and Xplor supplements, the contractor shall be assessed liquidated damages in an amount not to exceed ten percent (10%) of the total amount invoiced. The state agency will have the final decision concerning (1) the acceptability of the printing of the magazines and/or Xplor supplements, (2) the rejection of the printing and reprinting of the magazines and/or Xplor supplements versus the assessment of liquidated damages, and (3) the amount of liquidated damages to be assessed.

In the event any of the production material provided by the state agency to the contractor is damaged while in the contractor’s care, the contractor shall be responsible for reimbursing the state agency for the actual value of the materials as solely determined by the state agency.

The contractor shall understand and agree that such liquidated damages shall either be deducted from the total amount due to the contractor or shall be paid by the contractor as a direct payment to the state agency, at the sole discretion of the state agency.

The contractor shall understand and agree that the liquidated damages described herein shall not be construed as a penalty.

The contractor shall understand and agree that all assessments of liquidated damages shall be within the discretion of the State of Missouri and shall be in addition to, not in lieu of, the rights of the State of Missouri to pursue other appropriate remedies.

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 the state reserves the right to make contract payments to the contractor through 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: After the delivery and acceptance of the magazines and Xplor supplements by the state agency, the contractor shall submit a monthly invoice to the state agency via email to Stephanie.Thurber@mdc.mo.gov.

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 RFP.

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.

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

Payment: Upon approval of the invoice by the state agency, the contractor shall be paid for the magazines and Xplor supplements in accordance with the applicable prices stated on Exhibit C, Pricing Page, subject to the assessment of any liquidated damages.

In the event the quantity of magazines, Xplor supplements, four (4) page signature pages, inserts, cover wraps, and/or reprints ordered is not a multiple of the unit specified on Exhibit C, Pricing Page, the price stated on Exhibit C, Pricing Page shall be prorated accordingly.

In the event the magazine contains more than forty-eight (48) pages, the total price for the forty-eight (48) page magazine stated on Exhibit C, Pricing Page shall be adjusted in accordance with the applicable price stated on the Pricing Page for the addition of a four (4) page signature page for the magazine in excess of forty-eight (48) pages. In the event the Xplor supplement contains more than twenty (20) pages, the price for the twenty (20) page Xplor supplement stated on Exhibit C, Pricing Page shall be adjusted in accordance with the applicable price stated on Exhibit C, Pricing Page for the addition of a four (4) page signature page for the Xplor supplement in excess of twenty (20) pages.

The contractor shall be paid for the saddle-stitching of inserts in accordance with the price stated on Exhibit C, Pricing Page. In addition, the contractor shall be paid for inserts that are saddle-stitched to “special issue” magazines in accordance with the price stated on Exhibit C, Pricing Page.

For those magazines with a cover wrap as specified herein, the contractor shall be paid in accordance with the applicable price as stated on Exhibit C, Pricing Page.

If revisions to the proofs are required due to state agency revisions, changes, and/or alterations, the contractor shall be paid for the contractor’s time to revise the proofs in accordance with the price stated on Exhibit C, Pricing Page. However, if revisions, changes, and/or alterations are required due to contractor error, the contractor shall not be entitled to payment for the contractor’s time to revise the proofs.

In addition to being paid the applicable price for the set-up of a reprint, the contractor shall also be paid the applicable price stated on Exhibit C, Pricing Page based on the number of pages of the reprint, the quantity of reprints requested, and whether the contractor or the state agency provides the paper. In the event the quantity of reprints requested is not a quantity specified on Exhibit C, Pricing Page, the contractor shall be paid in accordance with the nearest quantity specified on Exhibit C, Pricing Page that does not exceed the actual quantity requested. For the remaining reprints, the total price stated on Exhibit C, Pricing Page shall be prorated to a unit cost.

The contractor shall be paid for the printing and saddle-stitching of the 2-sided card into a randomly selected number of magazines in accordance with the prices stated on Exhibit C, Pricing Page.

The contractor shall be paid for the printing and saddle-stitching of the 2-sided card into four hundred and fifty thousand (450,000) magazines in accordance with the prices stated on Exhibit C, Pricing Page.

The state agency will accept overruns; however, the contractor shall not be paid for such.

The state agency will either pay the mailing facility directly for all postage or will reimburse the contractor for all postage and drop shipment costs, dependent on the contractor’s method of delivery of the magazines and Xplor supplements.

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.

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.

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.

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.

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

1.1.1 Cost Increase/Decrease: Recognizing that the cost of paper and/or ink may rise or fall, the Division of Purchasing may consider a corresponding increase/decrease to the contract prices subject to the following stipulations:

a. In the event the cost of paper and/or ink increases and the contractor, as a result of such increase, desires to increase the firm, fixed prices quoted herein, the contractor must submit written documentation from the paper and/or ink manufacturer documenting the increase in the cost to the Division of Purchasing. The contractor must also complete and submit the Cost Analysis from the Pricing Page showing the actual net increase.

b. If the request for the increase to the firm, fixed prices is approved by the Division of Purchasing, the contractor shall agree and understand that the prices shall not be increased in excess of the actual net increase in the cost of the paper and/or ink from the manufacturer.

c. The contractor shall further agree and understand that if the actual net cost of paper and/or ink decreases, the contractor shall decrease the firm, fixed prices by the actual net decrease.

d. The cost increase/decrease of paper shall only apply to the firm, fixed price of the cover wraps and reprints when the contractor furnishes the paper.

e. The Division of Purchasing shall not approve any requests to increase the firm, fixed price during the original contract period and no more than once annually.

f. Any price increase/decrease shall become effective fifteen (15) calendar days following written approval from the Division of Purchasing.

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

STATE 0000000518SL Page 2

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 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 Purchasing.

Non-Discrimination and Affirmative Action:

1.1.2 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),…