RFP Steel Products QVL (Add Vendors).docx

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State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Steel Products Qualified Vendor’s List (for Additional Vendors)

MISSOURI VOCATIONAL ENTERPRISES

PROPOSAL DUE NO LATER THAN: 08/13/2025

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: Dawn Jackson

PHONE NO.: (573) 751-4148

EMAIL: Dawn.K.Jackson@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 Corrections Missouri Vocational Enterprises Various State 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

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

Separate Documents: The vendor is advised that the separate documents to this document referenced above provide additional requirements, information, and/or instruction. The separate documents must be downloaded from the Division of Purchasing’s MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate documents are downloadable from the same web page where the solicitation document is downloadable. It shall be the sole responsibility of the vendor to obtain each of the separate documents. The vendor shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the vendor to obtain a copy of the separate documents.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals from prospective vendors to be added as additional contractors and included in the existing Qualified Vendors List (QVL) for steel products for the Missouri Department of Corrections (DOC), Missouri Vocational Enterprises (MVE), in accordance with the requirements and provisions stated herein. If a vendor reviewing this RFP has an existing contract established for the QVL as a result of an award from STATE PURCHASE-FY25-0235-SL, the vendor does not need to respond to this solicitation.

Because steel pricing has become volatile due to current market conditions, the State of Missouri wishes to establish contracts with qualified suppliers of steel and to enable a more seamless procurement process, foster competition, and promote a reasonable delivery of steel products, regardless of market volatility, with consideration to a vendor’s ability to locate available steel products on short notice and the inability to hold pricing for a substantial amount of time.

Contract awards will be made based upon the vendor’s compliance with the requirements specified herein. The awarded contracts shall not be viewed as exclusive contracts. The state reserves the right to issue subsequent solicitations for the same or similar supplies.

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 and Historical Usage Information:

The product information provided in this RFP represents mandatory specifications and estimated quantities that DOC, MVE anticipates purchasing. Such estimated quantities are based on previous purchases made by DOC, MVE in the past. No guarantee is being made regarding the quantity of steel products that DOC, MVE will actually purchase. Vendors are advised NOT to provide pricing for steel product(s) at this time, as the information is intended only to provide potential vendors with specific requirements as well as for informational purposes only.

The following table represents the historical usage of the current and previous contracts through the issuance of this RFP. Contracts MC250235001 through MC250235003 were recently awarded, therefore, previous contracts are included to provide a better understanding of the historical usage. These figures are for informational purposes only and shall not be construed as a guarantee about volume of purchases to be made under the new contract(s).

Total Spend Amount per Fiscal Year (FY) per Contract

(To Date)

Current and Previous Contract Information:

Current contracts (MC250235001 through MC250235003), as well as previous contracts (CC211242001, CC211242002, CC220153001, and CC220153002), exist for the products being obtained via this RFP. A copy of the contracts 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 the contracts may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the bid numbers RFPC30034902101242, RFPC30034902200153 and STATE PURCHASE-FY25-0235-SL or the contract numbers CC211242001, CC211242002, CC220153001, CC220153002, and MC250235001 through MC250235003 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 provide steel products on an as-needed, if-needed basis, for DOC, MVE (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.

a. The contractor shall understand and agree that the steel products may include any of the steel products categories herein and listed on Attachment 1, Listing of Steel Tubing Products That MVE May Purchase and/or Attachment 2, Listing of Steel Products That MVE May Purchase including, but not be limited to, the following:

1) Steel tubing;

2) Steel rod;

3) Wall mechanical tubing;

4) Composite metal sheets; and

5) Steel machined plate stock.

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

QVL Utilization and Requirements:

In order to mitigate the state agency’s risk of inadequate supply of steel products, the awarded contractors shall serve as the primary market supply channel for all state agency institutions for steel products in accordance with the provisions and requirements stated herein.

The contractor must only price quote and supply those specifically awarded products that have been approved by the Division of Purchasing’s Notice of Contract Award or by a properly executed contract amendment, issued by the Division of Purchasing.

If the contractor is later able to source other products from the RFP that they did not originally propose, the contractor may request to be added to other steel product categories by submitting a written request to the Division of Purchasing. If the request is approved by the state agency and the Division of Purchasing, a formal contract amendment will be issued by the Division of Purchasing in order to authorize the contractor to price quote and supply the steel product(s) in addition to those originally accepted at time of contract award.

Likewise, as the contractor determines that the contractor’s ability to source products the contractor originally proposed has significantly decreased, the contractor may request to be removed from a category by submitting a written request to the Division of Purchasing. If the request is approved by the state agency and the Division of Purchasing, a formal contract amendment will be issued by the Division of Purchasing in order to remove the contractor’s authorization and obligation to price quote and supply the specific steel product(s) from the list of categories originally accepted at time of contract award.

Price Quote Request Requirements:

Throughout the contract period and as the state agency has needs for the steel products specified in the RFP, the state agency will contact the applicable contractors to obtain firm, fixed price quotes for the steel products the state agency desires to purchase at that time. The state agency will evaluate the price quotes received and issue purchase orders based on which contractor is determined as the lowest price quote for each category using the criteria listed in section 2.4.

The state agency may award the price quote request by category unless otherwise specified in the state agency’s price quote request.

The contractor shall understand and agree that all terms and conditions of the contract shall apply to all price quotes for steel products under the contract.

The contractors who were awarded specific categories for which the state agency is needing price quotes, will be contacted by the state agency via email with the steel product(s) and the quantities needed for that specific purchase. The contractor shall provide pricing for the requested steel product(s), by the deadline specified by the state agency, in order for the contractor’s price quoted firm, fixed price to be considered. If awarded the price quote, the firm, fixed price quoted for the specific purchase shall be contractually binding with the contractor for that specific order placement and fulfillment. At the time the state agency needs to make an actual purchase, then-current steel pricing will be requested of all contractors, per awarded category, and the state agency will award the purchase to the “lowest and best” contractor at the time.

Price Quote Request: In order to fulfill the state’s procurement obligation to make awards to the lowest and best contractor, the state agency will seek price quotes from at least three of the awarded contractors (if fewer than three, then all will be required).

In requesting price quotes from contractors, the state agency will identify the following in the state agency’s price quote request to the contractors:

· Requesting entity name/address;

· Product needed;

· Quantities needed;

· Whether one-time or monthly recurring order;

· Price quote request issue date;

· Price quote response due date;

· Delivery timeframe requested;

· Specific delivery requirements (if needed); and

· Contact name and email address or fax number for price quote submission.

2) In accordance with the Buy American Act, the contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the state agency will request the contractor to complete and return Attachment 3, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. This document must be thoroughly completed for each price quote request.

· Contractors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a 10 percent (10%) preference over contractors whose products do not qualify.

· The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met.

· If the contractor claims there is only one line of the good manufactured or produced in the Unites States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract.

· If the lowest priced contractor qualifies as American-made or in the event all of the contractors or none of the contractors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced contractor does not qualify for the Buy American Preference but other contractors do qualify, then the low contractor’s price(s) is increased by 10% for those items not eligible for the Buy American Preference.

· If any products offered are being manufactured outside the United States, the contractor MUST disclose such fact and provide details with the solicitation.

3) Price quote requests may be changed by the state agency but the state agency will be required to notify all of the contractors from which they requested price quotes of the change(s).

b. Pricing: The contractors shall price the specific steel products(s) based on the requested firm quantity, unit of measure, the mandatory specifications herein, and any additional specifications identified in the state agency’s price quote request. The contractor shall apply available discounts and other promotional pricing that may apply to the state agency’s price quote request. The state agency shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

1) The contractor’s pricing shall include all packing, handling, shipping, and freight charges FOB Destination, Freight Prepaid and Allowed. The state agency shall not make additional payments or pay add-on charges for freight or shipping.

c. In accordance with the Buy American Act, the contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the state agency will request the contractor to complete and return Attachment 3, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. This document must be thoroughly completed for each price quote.

d. Price Quote Response: The contractor shall understand and agree that all terms and conditions of the contract shall apply to all price quotes for steel under the contract.

1) If a contractor is unavailable to provide the price quote-requested steel product(s) in the specified timeframe needed, the contractor should identify the timeframes in which the contractor could provide the steel products.

2) Although the state agency will specify the requirements for the required categories, the contractor should provide the contractor’s product specifications with the contractor’s pricing to the state agency in the contractor’s price quote response.

3) The contractor shall understand and agree that each price quote response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applicable. The contractor should NOT include confidential material with the contractor’s price quote response.

4) If delivery to the state agency is requested, the contractor must price and provide delivery FOB Destination (which may be provided through a courier). The contractor’s price quote response, including pricing, shall remain valid for 30 calendar days from the price quote due date, unless a different validity timeframe is otherwise specified in the state agency’s price quote request.

5) The contractor must respond to the state agency price quote requests in writing by the timeframe indicated by the state agency. If price quotes are not submitted within the timeframe requested, the state agency may consider the contractor’s absence of a response as a “no bid” if they need to move forward with an order by then. Repeated “no bids” from the contractor without approved justification may be considered as the contractor’s lack of desire to continue participation under the contract.

Price Quote Request Evaluation:

The state agency’s price quote shall be awarded to the lowest and best contractor defined herein as the specification-compliant contractor who scores the highest number of evaluation points considering:

Cost, including the Missouri Domestic Products Procurement Act preference; and Bonus Preference Points earned for the Organization for the Blind/Sheltered Workshop preference and/or the Missouri Service-Disabled Veteran Enterprise preference points in the contractor’s awarded proposal.

Evaluation of Cost – For each steel product price quoted, the state agency shall determine the lowest priced contractor, per category, by performing a cost evaluation in the following manner:

A unit price conversion shall be done to fairly evaluate price quoted prices. However, the unit of measure proposed will be the unit of measure awarded. Contractors are encouraged to contact the state agency prior to submission of their price quote response to discuss anticipated unit modifications. The contractor is cautioned that the State of Missouri reserves the right to clarify the unit of measure modification or to disqualify the price quote response for that category if the unit of measure modification is not deemed appropriate or in the best interests of the State of Missouri.

The firm, fixed unit price submitted for each category shall be multiplied by the respective requested firm quantity stated in the request for price quote to determine the total cost per category plus any application of the Domestic Product Act (Buy American) Preference as detailed below.

Domestic Products Procurement Act – In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy American Act) sections 34.350 to 34.359, RSMo, the contractor is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

· Contractors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over contractors whose products do not qualify.

· The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met.

· If the contractor claims there is only one line of the good manufactured or produced in the United States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies the Executive Head of the Agency bears the burden of certification as required prior to the award of a purchase order.

· If the lowest priced contractor qualifies as American-made or in the event all of the contractors or none of the contractors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced contractor does not qualify for the Buy American Preference but other contractors do qualify, then the low contractor’s price(s) is increased by 10% for those items not eligible for the Buy American Preference.

· If any products and/or services offered are being manufactured or performed at sites outside the United States, the contractor MUST disclose such fact and provide details with the solicitation.

c. Upon determination of each contractor’s total cost for the specified category, cost points shall be computed from the results of the calculation stated below using a scale of 200 possible points and the following formula:

Lowest Responsive QVL Contractor’s Price Compared QVL Contractor’s Price

(200 points)

d. For those contractors awarded bonus preference points during the evaluation of STATE 0000000052SL, such bonus preference points shall be added to the contractor’s cost evaluation points. The contractor that meets the state agency’s minimum with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best contractor.

e. In the event all price quote responses fail to meet the state agency’s needs, the state agency may reject all responses and cancel the request for price quote.

f. If the lowest and best contractor, in accordance with section 2.4, delivery timeframe does not meet the agency’s needs, the agency reserves the right to evaluate the next lowest and best contractor with the delivery that meets the agency’s needs.

Determination of Specification Compliance: Upon determination of the highest scoring contractor considering cost (as explained above) and the addition of preference points for Organization for the Blind/Sheltered Workshop participation and Missouri Service Disabled Veteran Enterprise participation earned in the contractor’s awarded proposal, the state agency shall determine whether such price quote response meets the minimum requirements as stated in the RFP portion of the contract and the state agency’s individual request for price quote. In making the specification compliance determination, the state reserves the right to consider the contractor’s price quote response and any product sheets.

The state agency will document their evaluation justification regarding the state agency’s award determination of the “lowest and best” price quote at the time the price quote is awarded.

The state agency will inform all responding contractors of the outcome of the award. Acceptance of the price quote, unless otherwise specified, is not authorization to proceed with shipment of products. The state agency must provide authorization to proceed through issuance of a purchase order or specific written authorization to ship.

1.1 Purchase Order Requirements:

1.1.1 The state agency shall purchase the products specified in the awarded price quote from the awarded contractor (as determined herein). The contractor will not be held to the requirements identified below if the state agency fails to award the price quote within the forty-eight (48) hour timeframe and failure of the state agency to communicate a delay occurs, as required herein.

a. If the contractor cannot provide the awarded products in the state agency’s price quote request, the contractor may be considered in breach of contract and subject to the remedies specified herein.

b. The state agency shall document each instance of the contractor’s inability to provide the awarded products as required. If the contractor continually or consistently is unable to provide the awarded products as required, the Division of Purchasing may elect to cancel the applicable contractor’s contract.

c. If the contractor who was awarded a price quote cannot fulfill the award, then, with prior approval of the Division of Purchasing, the state agency reserves the right to use the next highest scoring contractor (as determined herein).

1.1.2 Contractors shall make every attempt to process a purchase order within forty-eight (48) hours of receipt. With the volatility of the market and the short turnaround time of order bank availability, it is imperative that the awarded contractor process orders in a timely manner.

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.

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

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

Any product substitution must be a replacement of the contracted product 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 offered by the contractor. The Division of Purchasing shall be the final authority as to acceptability of any proposed substitution.

Any product substitution shall require a formal contract amendment authorized by the Division of Purchasing prior to the state acquiring the substitute product under the contract.

The state may choose not to compel a product 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 product or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional products to the contractor for replacement.

Delivery and Packaging Requirements:

The contractor and/or the contractor's subcontractor(s) shall deliver steel products within 14 calendar days of the state agency’s notification of awarded price quote. in accordance with the contracted delivery times stated herein or within a reasonable period of time. The contractor will be required to state a specific delivery time for the specific order. The delivery must be stated in calendar days after receipt of the order (ARO). The delivery days price quoted shall be contractually binding on the contractor for that specific order. Delivery shall include unloading shipments at the state agency's dock or other designated unloading site as requested by the state agency. All orders must be shipped FOB Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the contract price. All deliveries must be coordinated with the state agency.

The contractor shall understand and agree all deliveries must be made between the hours of 8:00 a.m. to 2:30 p.m., Monday through Friday, excluding holidays. List of state holidays can be found here: https://oa.mo.gov/commissioner/state-holidays.

The contractor must deliver to the specified locations as listed on Attachment 4, Institution Locations.

Packing/Loading Requirements: The contractor shall adhere to the following packing/loading requirements for each type of steel product.

1) Steel Tubing:

· The contractor shall ship tubing and rods on a flatbed trailer without sides to enable the agency to unload the trailer from the side with a forklift.

· All tubing and rods provided by the contractor shall be bundled for shipping. The contractor shall understand and agree that bundles shall not exceed 4,000 pounds.

2) Other Steel Products

· The contractor shall ship all steel products on a flatbed trailer without sides to enable the state agency to unload the trailer from the side with a forklift.

· All steel products provided by the contractor shall be bundled for shipping. The contractor shall understand and agree that bundles shall not exceed 4,000 pounds.

· Bundles must be banded with 4” x 4” wooden lumber, spacing each bundle on pallets.

· Bundles must be spaced with 4” x 4” spacers.

· Bundles must be paper wrapped.

d. All steel products provided by the contractor must be shipped on pallets or an equivalent support system. Such pallets, or equivalent support system, shall become the property of State of Missouri upon delivery and should contain recycled post-consumer materials.

Financial Records and Document Retention:

The contractor shall maintain all financial records, supporting documentation, and all other records pertinent to the contract for a period of five (5) years from the date of the final payment by the state agency/submission of final report to the state agency or the completion of an audit, whichever is later, or as otherwise stated in the contract.

If any litigation, claim, negotiation, audit, investigation, or other action involving the records has been started before the expiration of the five (5) year period, the contractor shall retain the records until completion of such action and resolutions of all issues that arise from it or until the end of the regular five (5) year period, whichever is later.

If the state agency is subject to any litigation, claim, negotiation, audit, or other action involving the records, the state agency will notify the contractor in writing to extend the contractor’s retention period.

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 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 for each purchase order received. The invoice shall reference the purchase order number and must be itemized in accordance with the items listed on the order. Products must be received prior to payments being made.

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

MVE Accounts Payable PO Box 1898 Jefferson City, MO 65102

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.

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:

Payments are due upon receipt of a valid invoice, payable in 45 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 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 and supplies 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 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 steel products shall not exceed the prices provided in the contractor’s price quote request response to the state agency.

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

****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 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:

1.1.3 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 Division of Purchasing an updated Exhibit I, Anti-Discrimination Against Israel Act Certification.

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 RFP 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.

Negotiations:

The State of Missouri does not negotiate contracts after award. Any competitive negotiation, if conducted by the state, must have occurred prior to contract award in accordance with Chapter 34, RSMo, 1 CSR 40-1.050 and as stated in this RFP.

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).

Open Records:

Pursuant to section 610.021, RSMo, the contract and related documents are available for public review. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected.

Prison Rape Elimination Act (PREA) Requirements:

In accordance with the Prison Rape Elimination Act, the contractor’s personnel and agents providing service under the contract and within the security perimeter of the state agency’s institution must be at least 18 years of age.

Prior to the provision of service, the state agency may conduct a Missouri Uniform Law Enforcement System (MULES) or other background investigation on the contractor’s personnel and agents. Such investigation shall be equivalent to investigations required of all personnel employed by the state agency.

The state agency shall have the right to deny access into the institution for any of the contractor’s personnel and agents, for any reason. Such denial shall not relieve the contractor of any requirements of the contract.

The contractor must obtain written approval from the state agency’s Director for any contractor personnel and agents under active federal or state felony or misdemeanor supervision, and contractor personnel and agents with prior felony convictions but not under active supervision, prior to such personnel and…