RFP605CO23002063_Oct_21_24_solicitation_doc.pdf

Solicitation Number: RFP605CO23002063

MoDOT Statewide Utility Beds or Dump Truck Bodies Qualified

Vendor List

MODOT Request for Proposal (RFPR)

MoDOT - Dept of Transportation

January 02, 2024 - January 26, 2024

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General Header Information

RFP605CO23002063

No. RFP605CO23002063 Title: MoDOT Statewide Utility Beds or Dump Truck Bodies Qualified Vendor

List Start Date: January 02, 2024 at 8:00:00 AM CST End Date: January 26, 2024 at 2:00:00 PM CST Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: This Request for Proposal (RFP) seeks proposals from qualified organizations to establish a supply channel for acquiring, utility beds and/or dump bodies for purchase with/or without installation, for light, medium, and heavy-duty trucks to the Missouri Highways and Transportation Commission (MHTC) and Missouri Dept. of Transportation (MoDOT). Establishing a Qualified Vendor List (QVL) of dealers and/or manufactures to serve as a market supply channel as specified herein. The award period shall commence from the date of contract execution through February 28, 2025, with up to four (4) one-year renewals periods or any portion thereof. MoDOT will receive bids electronically through MissouriBUYS, by mail through USPS, UPS, or FEDEX. If a Bidder intends to submit a hard copy bid, the buyer of record must be notified five (5) days before the solicitation closing date.

MoDOT will not accept bids responses by email.

Delivery Terms: Free On Board Destination Payment Terms: Vendor Specified Contact Information: MoDOT - Dept of Transportation

Ryan Reed MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 ryan.reed@modot.mo.gov

Contact Details: If you have any questions, please contact:

Ryan Reed MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 ryan.reed@modot.mo.gov

Selected Categories:

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Header Custom Fields:

RFP605CO23002063

NOTICE

Vendor Responsibility

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

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

MODOT Section Numbering

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

http://www.mo.gov/privacy-policy/

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Solicitation Requirements:

RFP605CO23002063

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation advertises all bid solicitation documents on the

MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of

Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

IMPORTANT NOTICE TO ALL VENDORS:

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

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

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

To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the “Register” button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS and locate the desired solicitation on the Bid Board. The vendor must read and accept the current Solicitation

Documents and any subsequent addendums, as well as complete pricing and any other identified requirements. Vendors should upload their completed response to these accepted documents

(including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:

https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf https://www.missouribuys.mo.gov https://missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf

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Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum

Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.

2. Select the Solicitations tab.

3. Select View Current Solicitations.

4. Select My List.

5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.

6. Click on Review Response from the navigation bar.

7. Click on Retract if your response needs to be revised.

8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue to confirm.

9. Click on Respond and revise as applicable.

10. Click on Review Response from the navigation bar and then click on Submit to submit your response.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

The solicitation for the procurement of services referenced therein, is being issued under, and governed by, the provisions of Title 7 Missouri Department of Transportation, Division 10 Missouri Highways and

Transportation Commission, Chapter 11 Procurement of Supplies, of the Code of State Regulations. The

Missouri Highways and Transportation Commission (MHTC/Commission), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Offeror's attention to said 7

CSR 10-11 for all the provisions governing solicitation and receipt of proposals and the award of the contract pursuant to this solicitation.

1.2. Proposals to be Submitted by Officer or Employee

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

1.3. MHTC Rights Reserved

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

1.4 Personal Privacy Protection Act Notification

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

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

The Offeror shall provide a fee proposal to MHTC in accordance with the terms of this Request for Proposal

(RFP). All services shall be performed at the fees offered and in accordance with the terms of this RFP.

2.2. Offeror's Certifications

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

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

2.2.2. Unless otherwise required by law, the proposed prices have not been knowingly disclosed by the

Offeror prior to the opening, directly or indirectly, to any other Offeror or to any competitor.

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

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

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

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Definitions:

•Offeror- those submitting responses to the RFP

•QVL Contractor- Offerors that receive a contract

•Utility Body and/or Dump Truck Bed provider- QVL contractors that receive a Purchase Order

This document constitutes an RFP from prospective qualified Offerors to provide utility bed and/or dump body purchases with/or without installation, for MoDOT owned light, medium, and heavy-duty trucks to MoDOT/MHTC, as set forth in this RFP. It is the intent of this RFP to have the successful Offerors enter into an Agreement with MHTC (hereinafter Resulting Agreement), to supply said product and services as outlined herein.

3.1.1 The purpose of this Qualified Vendor List (QVL) is to enable a more seamless procurement process, foster competition, and promote a reasonable delivery of body and/or bed regardless of market volatility, with consideration to a dealer’s inability to hold pricing for a substantial amount of time due to the current high demand of like products.

3.1.2 The QVL will support the purchase of body and/or bed for the duration of the contract period, as set forth herein. Districts may purchase any variation of the body and/or bed, including any required options the District needs.

3.1.3 The MoDOT/MHTC QVL is to establish contracts with multiple vendors for use on an as needed, if needed basis in accordance with the usage and quoting requirements specified herein.

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.

3.2. Background

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MoDOT operates as a customer focused and results driven, state agency under a decentralized organization structure with headquarters in Jefferson City, Missouri and is governed by the MHTC, a six (6) member Commission appointed by the Governor. The Central Office provides oversight and support to seven (7) geographical districts primarily responsible for delivery of MoDOT's mission and tangible results. Each district contains approximately fifteen percent (15%) of the total road mileage in the state highway system. MoDOT employs approximately five thousand one hundred (5,100) full-time employees. About eighty percent (80%) of those employees work in the seven (7) districts with the remainder working in the various divisions within the Central Office facility.

3.2.1 Although an attempt has been made to provide accurate and up-to-date information, the

State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this Request for Proposal.

3.3. Contract Period

The Contract Period for the body and/or bed described in this RFP is from the date of the fully executed resulting agreement through February 28, 2025. The successful Offeror shall provide body and/or bed listed herein as often as a vendor can provide per request by MHTC for the entire duration of the Contract Period.

3.4. Renewal Period

The contract shall not bind, not purport to bind, the MHTC for any contractual commitment in excess of the original contract period. The Commission shall have the right, at its sole option, to extend the contract for four (4) one-year renewal periods, or any portion thereof. In the event that the Commission exercises its options to extend the contract, such extension must be accomplished by a formal contract amendment approved and signed by representatives of the Offeror and

Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the Offeror and Commission, respectively.

3.5. Schedule of Events

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Below is the schedule that will be followed. Unless otherwise specified, the time of day will be 7:30 a.m. to 4:00 p.m. Central Time. MHTC reserves the right at its sole discretion to expand this schedule, as deemed necessary, without any notification except for the deadline date for submitting a proposal.

3.5.1. January 2, 2024 - Issuance of RFP

3.5.2 January 12, 2024 - Deadline for Offerors to submit written questions and requests for clarification to the MHTC Representative.

3.5.3. January 19, 2024 - Issuance of Amendment with resolution to any questions submitted.

3.5.4. January 26, 2024 - Deadline for submission of proposals and scheduled public reading of firm names of proposals received.

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1 Scope of Work

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This section of the RFP includes the scope of work and provisions that shall govern the contract after RFP award.The content of this section includes mandatory provisions that must be adhered to by the State and the contractor unless changed by a contract amendment.

Definitions:

•Body/bodies: New dump bodies for light, medium, and heavy-duty MoDOT trucks.

•Bed/beds: New utility beds for light, medium, and heavy-duty MoDOT trucks.

•The MoDOT Fleet Manager may appoint representatives to act on their behalf. These representatives shall hereafter be referred to as the “MoDOT Representative.”

•Those submitting bids for this contract shall hereafter be referred to as the “Bidder.”

•The outfitter or installer of all non-chassis manufacturer installed components shall hereafter be referred to as the “Body Builder"

Body requirements:

•Units shall be complete with all standard equipment, plus any optional or special equipment to meet the minimum specifications that will be identified in a Price Quote Request Form (PQF) at the time of a District or Divisions need.

Bed Requirements:

•Units shall be complete with all standard equipment, plus any optional or special equipment to meet the minimum specifications that will be identified in a Price Quote Request Form (PQF) at the time of a District or Divisions need.

The successful Offeror agrees to provide to MHTC and MoDOT (hereinafter referenced as "the

State") the following bodies and/or beds:

4.1.1 Qualified Vendor’s List Utilization and Requirements:

4.1.1.1 The Qualified Vendor's List (hereinafter referenced as QVL) contractor must supply new bodies and/or beds based on the award that has been approved by the MoDOT Central Office

Fleet Division or by a properly executed contract amendment.

4.1.2 Single Point of Contact:

4.1.2.1 The QVL contractor shall act for the State as a “single point of contact” regarding all contract use issues such as ordering, invoicing, delivery, and payment.

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4.1.2.2 As the single point of contact, the QVL contractor/subcontractor must provide a minimum of one (1) customer service representative assigned to the State contract. It is highly desirable the

QVL contractor provide a back-up representative as well. The QVL contractor’s customer service representative and the backup, if provided, must promptly answer questions, and resolve problems that arise. The customer service representative must be available to the State during the QVL contractor’s regular operating hours. Contract representatives shall be available by phone or email. The QVL contractor/subcontractor shall provide all contact information to the MoDOT

Central Office (CO) General Services (GS) Buyer of Record and keep it maintained and updated through the duration of the contract.

4.1.3 Cooperative Procurement Program:

4.1.3.1 The State is interested in assisting Missouri counties, cities, special road districts, etc. in purchasing equipment, various materials and supplies that meet the State specifications.

1) If the QVL contractor participates in the State Cooperative Procurement Program the QVL contractor shall provide bodies and/or beds as described herein under the terms and conditions, requirements and specifications of the contract, including prices, to other government entities in accordance with the Technical Services Act (section 67.360, RSMo, which is available on the internet at: https://revisor.mo.gov/main/OneSection.aspx?section=67.360&bid=2758&hl=. The price is based on meeting the State specifications; any added options, deletions, or extra freight costs would be negotiated between the other government entities and the successful vendor.

2) It is understood the State will not issue purchase orders, accept delivery nor make payment for items ordered by these other government entities. The QVL contractor shall further understand and agree that participation by other governmental entities is discretionary on the part of that governmental entity and the State bears no financial responsibility for any payments due the QVL contractor by such governmental entities.

4.1.4 Warranty:

4.1.4.1 The Manufacturer’s Standard Factory Warranty shall apply to all utility beds and/or bodies. The warranty shall not become effective until the bodies and/or beds is delivered to and accepted by the District or Division.

1) The utility bed and/or body build manufactured/installed equipment warranty shall be the manufacturer’s standard base warranty.

4.1.4.2 All warranty service must be performed in Missouri on a non MoDOT property.

4.1.5 Price Quote Form Requirements:

https://revisor.mo.gov/main/OneSection.aspx?section=67.360&bid=2758&hl=

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4.1.5.1 Throughout the contract period, as a District or Division has a need for a body and/or bed defined in an Attachment 1 (Price Quote Request Form (PQF)), Central Office General

Services Procurement will contact all QVL contractor(s) who were awarded a contract the requested bodies and/or beds category to obtain firm, fixed price quotes in response to the Price

Quote Form (PQF). The quote request will include the specifications required and the quantity of bodies and/or beds required. The State quote request will also indicate if the District desires or requires any additional options or features (upgrades) to be included with the bodies and/or beds defined in Attachment 1 (PQF). The QVL contractor shall complete and return the PQF by the specified deadline in order for the QVL contractor’s quoted firm, fixed price to be considered. The

QVL contractor should include a copy of the specification sheet for the bodies and/or beds proposed with their response to the PQF.

4.1.5.2 The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quotes, purchase orders placed, and products received under the contract.

4.1.5.3 The QVL contractor(s) who were awarded the specific body and/or bed category that fullfill's the District or Division's needs will be contacted by Central Office General Services

Procurement via email and presented with Attachment 2, (Price Quote Request Form (PQF)

Award Record). If awarded the quote, the QVL contractor’s firm, fixed price quoted for the specific purchase shall be contractually binding on the QVL contractor for that specific order placement and fulfillment.

1) Pricing: The QVL contractor(s) shall price the specific bodies and/or beds based on the requested quantity, the mandatory specifications provided by the State, including any additional option or features requested or required to be provided in the PQF.

a. Districts may request additional options or features to be added to the bodies and/or beds being purchased from the QVL contractor. Any options or features desired beyond the standard model specifications identified in Attachment 1 (PQF) will be identified by the District at the time of issuance. In the case that multiple versions of the same option or feature are available as a separate price in addition to the body and/or bed price, the highest price for the options and features proposed shall be used for cost evaluation purposes to determine the maximum liability to the state.

b. If additional options and features are already installed on the body and/or bed, then the QVL contractor shall provide one price that accounts for the body and/or bed and for all already installed options and features.

c. If the PQF requests or requires options and features that are not currently installed on the body and/or bed proposed by the QVL contractor, then the QVL contractor must price those items separately to ensure the body and/or bed proposed meets the requirements identified in the PQF.

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d. If a QVL contractor has a body and/or bed located on a lot that meets the requirements of the specific body and/or bed requested in the PQF, but the body and/or bed also includes additional options not requested by the agency, then the vendor shall provide a PQF response that specifies the additional options already installed on the body and/or bed that the District/Division did not request.

e. If the QVL contractor is unable to provide all body and/or bed's and quantities identified in a

PQF, the QVL contractor shall respond to the PQF with the body and/or bed's and quantities the

QVL contractor is capable of providing that meet the requirements of the PQF (e.g. if the PQF requests three (3) single axel dump bodies, but the QVL contractor only has one (1) dump body that meet the requirements on their lot, the QVL contractor may respond to the PQF with the one (1) dump body available).

f. The QVL contractor may respond to the PQF with multiple responses if the QVL contractor is capable of meeting the requirements of the PQF with different body and/or bed or combination of body and/or bed available on the QVL contractor’s lot or from their order bank.

g. Shipping from a dealer or manufacturer outside of Missouri to a QVL contractor’s location in order for the QVL contractor to satisfy the completed PQF shall be the responsibility of the QVL contractor and shall take place without any additional cost to the state.

h. All pricing shall include all shipping, and freight charges, FOB Destination, Freight Prepaid and Allowed (see section 4.1.10 for further delivery details). The State shall not make additional payments or pay add-on charges for freight or shipping.

i. The State shall not pay nor be liable for any other additional costs including but not limited to surcharges, taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

•Domestic Products Procurement Act: In accordance with the Buy American Act, the QVL contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the State will request the QVL contractor(s) to complete and return Exhibit 1, (Domestic Product Procurement Act (Buy American) Preference), certifying proof of compliance at the time of each quote request. This document must be thoroughly completed and returned with the completed PQF for each price quote.

4.1.5.4 In the event a QVL contractor cannot provide the body and/or bed requested by the State, the QVL contractor should return the PQF indicating a “No Bid” response.

4.1.5.5 The QVL contractor(s) shall understand that each quote response submitted shall be considered an open record after the PQF has been awarded, 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 QVL contractor(s) should NOT include confidential material with their quote response.

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1) The QVL contractor shall understand and agree that any body and/or bed preparation costs or a round trip per mile delivery charge shall be included in the quoted price received in the PQF response.

4.1.6 Price Quote Form Evaluation:

4.1.6.1 The State shall make every attempt to process an award of a PQF within forty-eight (48) hours of the PQF deadline date. Any delays in the forty-eight (48) hour timeframe must be communicated to the QVL contractors that submitted a response to a PQF. QVL contractors shall not face consequences for selling a body and/or bed to another customer in the event an award has not been made within the forty-eight (48) hour timeframe and failure of the agency to communicate a delay occurs.

4.1.6.2 The PQF shall be awarded to the lowest and best QVL contractor defined herein as the specification-compliant QVL contractor who scores the highest number of evaluation points considering:

1) The specifications and contents included on the PQF form and Attachment 2, (PQF Award

Record).

2) Cost, including the Missouri Domestic Products Procurement Act preference.

4.1.6.3 Evaluation of Cost – The State shall determine the lowest priced QVL contractor by performing a cost evaluation in the following manner:

1) The firm, fixed unit price submitted for the body and/or bed(s) specified on the PQF shall be multiplied by the respective requested firm quantity stated in the PQF. The firm, fixed prices used for cost evaluation purposes shall include the body and/or bed(s) base price and all options and features proposed, regardless of whether the options or features have already installed on the body and/or bed or would be installed after PQF award. The total price for the body and/or bed and all proposed options and features shall then be added together to determine the total cost plus any application of the Domestic Product Act (Buy American) Preference as detailed below and in Exhibit 1.

a. 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 QVL contractor is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

•QVL 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 QVL 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.

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•If the lowest priced QVL contractor qualifies as American-made or in the event all of the QVL contractors or none of the QVL contractors qualify for the Buy American preference, no further calculation is necessary.

•In the event the lowest priced QVL contractor does not qualify for the Buy American Preference but other QVL contractors do qualify, then the low QVL contractor will subjected to a evaluation penalty that increases their pricing by 10% for those items not eligible for the Buy American Preference. This does not mean that the penalized Contract will be paid 10% more if they are still the lowest quote. The 10% increase is a preference calculation only used for evaluation purposes.

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

2) In the event all quote responses fail to meet the State’s needs, the State may reject all responses and cancel the request for quote.

4) The State reserves the right to award one, some, or all of the body and/or beds in a PQF to one

QVL contractor. In the event a District/Division decides to award to multiple QVL contractors, the above cost evaluation will be conducted per body and/or bed(s) to determine the lowest and best

QVL contractor.

4.1.6.4 The State will document their evaluation justification regarding their award determination of the “lowest and best” PQF response(s) at the time the quote is awarded.

4.1.6.5 The State will provide all responding QVL contractors of the results of the PQF awarded by providing a copy of the completed Attachment 2 - (PQF) Award Record. Acceptance of the PQF, unless otherwise specified, is not authorization to proceed with shipment of products. General

Services Central Office Fleet Division must provide authorization to proceed through issuance of a purchase order or specific written authorization to ship.

4.1.6.6 Performance and reliability of any unit and/or contractor can be a part of the subjective evaluation in the determination of lowest and best quote award. Final determination of the evaluation shall be at the discretion of the General Services Director.

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

4.1.6.8 Responsibility to Submit Information - Each Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation criteria and MHTC is under no obligation to solicit such information if it is not included with the Offeror's proposal. Failure of the

Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's proposal.

4.1.7 Purchase Order Requirements:

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4.1.7.1 The State shall purchase the items specified in the awarded PQF from the awarded QVL contractor (as determined by section 4.1.11).

1) If the QVL contractor cannot provide the awarded items in the PQF, the QVL contractor may be considered in breach of contract and subject to the remedies specified herein.

2) The State shall document each instance of the QVL contractor’s inability to provide the awarded items as required. If the QVL contractor continually or consistently is unable to provide the awarded items as required, the Central Office General Services Fleet Division may elect to cancel the applicable QVL contractor’s contract.

3) If the QVL contractor who was awarded a PQF cannot fulfill the award, then, with prior approval of the Central Office General Services Fleet Division, the State reserves the right to use the next highest scoring QVL contractor (as determined in accordance with section 6.1).

4.1.8 Order Documentation Requirement:

4.1.8.1 At no cost to the State, and upon request, the QVL contractor must provide the State with a copy of the order documentation submitted to the manufacturer when ordering each body and/or bed.

4.1.9 Substitutions:

4.1.9.1 The QVL contractor shall not substitute any item(s) that has been awarded to the QVL contractor during the PQF process without the prior written approval of Central Office General

Services Fleet Division.

1) In the event an item becomes unavailable, the QVL contractor shall be responsible for offering a suitable substitute item. If the QVL contractor cannot provide an acceptable substitute, the QVL contractor must notify the Central Office General Services Fleet Division immediately.

2) 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 QVL contractor shall understand that the State reserves the right to allow the substitution of any new or different product/system offered by the QVL contractor. The District/Division shall ensure that the MoDOT

Central Office Fleet Division is aware of and approves of the substitution. The District/Division shall be the final authority as to acceptability of any proposed substitution.

3) 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. The QVL contractor shall not be relieved of substituting a product simply for reasons of unprofitability to the QVL contractor.

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4) In the event the QVL contractor fails to deliver the body and/or bed(s) within the stated delivery days, the State reserves the right to find the same or similar body and/or bed(s) from another source, and to charge the contractor the difference for the substitution. In assessing the applicability of this provision, the State will consider the degree of QVL contractor responsibility in the delay.

4.1.10 Delivery: The QVL contractor shall adhere to the following installation and delivery requirements:

4.1.10.1 The QVL contractor and/or QVL contractor's subcontractor(s) shall do all MoDOT elected installations at a site not located on any MoDOT properties. It is the responsibility of the QVL contractor to locate and maintain a safe environment to do all MoDOT elected installations of body and/or bed(s) along with subsequent components.

Delivery for all body and/or bed is due as indicated by the State on the PQF or as stated in the QVL contractor’s response to a PQF, whichever the State requests and approves. Failure by the QVL contractor to deliver according to the specified requirements may result in contract cancelation and suspension from future contractor’s list.

4.1.10.2 The QVL contractor and/or the QVL contractor's subcontractor(s) shall deliver products upon receipt of an authorized purchase order for the body and/or bed(s) the QVL contractor is awarded. Delivery shall include unloading shipments at the District/Division's location or other designated unloading site as requested by the State. All orders must be shipped F.O.B.

Destination, Freight Prepaid and Allowed.

4.1.10.3 QVL Contractors delivering items shall coordinated with a MoDOT Representative from the District/Division at the receiving location. When multiple units are ordered, the contractor must contact the Central Office General Services Fleet Division no later than 24 hours after receipt of a purchase order if the QVL contractor is unable to fill an order per the terms of the bid. In the event this action is taken the QVL contractor shall understand and agree that the

State reserves the right to either negotiate an extended delivery time for a specified number of units or divert all or part of an order to another bidder who is capable of delivering the order in a more timely fashion, whichever is determined to be in the best interest of the department.

1) Contractor shall give a minimum of 24 hours advance notice before delivery of an item.

2) Delivery of an item shall only be received between the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday.

3) Deliveries shall not be made on observed holidays as identified below.

4) Each delivered truck, including all optional equipment, shall be thoroughly pressure washed with hot water and detergent prior to delivery.

a. Equipment with residual hydraulic oil from assembly on any component are not acceptable.

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4.1.10.4 Notification should be during the normal workday preceding the day on which the

Contractor desires to initiate delivery.

4.1.10.5 The following days shall be construed as official holidays under the terms of the contract:

a. January 1 - New Year's Day

b. Third Monday in January - Martin Luther King, Jr.s Birthday

c. February 12 - Lincoln's Birthday

d. Third Monday in February - Washington's Birthday

e. May 8 - Truman's Birthday

f. Last Monday in May-Memorial Day

g. June 19 – JuneTeenth

h. July 4 - Independence Day

i. First Monday in September - Labor Day

j. Second Monday in October-Columbus Day

k. November 11 - Veteran's Day

l. Fourth Thursday in November - Thanksgiving Day

m. December 25 - Christmas Day

4.1.10.6 When any of the above holidays falls on a Sunday, the holiday will be observed on the following Monday; when any of the above holidays falls on a Saturday, the holiday will be observed on the immediately preceding Friday.

4.1.10.7 During construction/maintenance seasons, many maintenance buildings work four-day, ten-hour shifts, and deliveries may not be made on the off days for those buildings.

4.1.10.8 Each body and/or bed shall be delivered with an invoice.

4.1.10.9 Each body and/or bed shall be delivered with an owner’s manual, if applicable.

4.1.11 Invoicing and Payment Requirements:

4.1.11.1 The Contractor shall submit an itemized invoice to the applicable requesting address for the completion of deliverables, as specified herein. The State will make a progress payment of the cab and chassis at the time of confirmed delivery to the body builder. Contractor shall maintain full ownership of the unit until it is complete and delivered to the State location regardless of progress payments.

4.1.11.2 Each invoice shall be itemized in accordance with items listed on the purchase order and/or contract. The statewide financial management system has been designed to capture certain receipt and payment information. Therefore, each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

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4.1.11.3 The Contractor shall understand and agree 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 return a completed state Vendor

Input ACH/EFT Application, which is downloadable from the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx. Each Contractor invoice must be on the Contractor’s original descriptive business invoice form and must contain a unique invoice number. The invoice number will be listed on the State’s Vendor Payment Website to enable the Contractor to properly apply state payments to invoices. The

Contractor must comply with all other invoicing requirements stated in the RFP.

4.1.11.4 The Contractor shall be paid in accordance with the firm, fixed prices stated on the

PFQ Award Report after completion of deliverables specified herein and acceptance by the District or Division.

4.1.11.5 Other than the payment specified above, no other payments or reimbursements shall be made to the Contractor for any reason whatsoever.

4.1.11.6 Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and/or services required herein shall be made in arrears. The State shall not make any advance deposits.

4.1.11.7 The State assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any authorized quantity is subject to the State’s rejection and shall be returned at the Contractor's expense.

4.1.11.8 The State reserves the right to purchase goods and services using the state-purchasing card. The purchasing card will not be used for the purchase of a body and/or bed but may be used for the purchase of parts and service after the body and/or bed has been put into service.

4.1.11.9 A State Purchase Order will be issued identifying the truck configuration for all units purchased. The number of days for delivery shall be in accordance with the bidders’ response in the General Price Information

4.1.11.10 The State shall submit contract payments to the QVL contractor at the remittance address listed in the QVL contractor’s MissouriBUYS vendor registration. Therefore, prior to any payments becoming due under the contract, the QVL 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.

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx https://missouribuys.mo.gov/

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4.1.11.11 Each QVL contractor invoice must be on the QVL contractor’s original descriptive business invoice form unless the QVL contractor is submitting an integrated electronic invoice

(eInvoice) in MissouriBUYS. Each invoice must contain a unique invoice number and the remittance address included in the QVL contractor’s MissouriBUYS vendor registration. The invoice number will be listed on the State’s EFT addendum record to enable the QVL contractor to properly apply state payments to invoices. The QVL contractor must comply with all other invoicing requirements stated in the RFP.

4.1.11.12 The QVL 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.

4.1.11.13 Payments – The QVL contractor shall be paid the applicable firm, fixed price indicated on the completed PQF for the body and/or bed.

4.1.11.14 Other than the payments specified above, no other payments or reimbursements shall be made to the QVL contractor for any reason whatsoever including, but not limited to taxes, travel expenses, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

4.1.11.15 If the QVL contractor is overpaid by the state agency, upon official notification by the

State agency, the QVL contractor shall provide the state agency (1) with a check payable as instructed by the state agency in the amount of such overpayment at the address specified by the state agency or (2) deduct the overpayment from the monthly invoices as requested by the state

4.1.12 Pre-Delivery Inspection: The State has the following rights.

4.1.12.1 The Body Builder shall perform a thorough pre-delivery inspection of each completed body and/or bed including all Body Builder installed standard and optional components/items.

1) The results of the pre-delivery inspection shall be recorded on a pre-printed form.

2) A copy of the completed Body Builder pre-delivery inspection form, which shall include the last 8 characters of the truck VIN, shall be signed and dated by the inspector and placed in the VIN

Specific Truck Information Book.

4.1.12.2 The State reserves the right to perform a thorough pre-delivery inspection of each completed truck at the final assembly point.

1) The MoDOT Representative shall notify the Bidder and Body Builder of such decision.

a. Applicable beds and/or bodies shall be held at the final assembly point for inspection by the

MoDOT Representative/s

2) This inspection shall include all Body Builder installed components.

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx

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3) Discrepancies and/or findings of non-compliance with published specifications, and/or issues of poor quality shall be listed and shall be addressed to the satisfaction of the MoDOT

Representative/s before the inspected beds and/or bodies are delivered to the State delivery location.

4.1.13 Post-Delivery Inspection: The State has the following rights.

4.1.13.1 The State reserves the right to perform a transit/shipping damage inspection of each delivered body and/or bed.

1) The State shall have five business days after receipt of each delivered body and/or bed to inspect for damage received during transit/shipping to the receiving location.

a. Signing of the delivery receipt by a MoDOT Representative does not release the Contractor or a sub-contractor from responsibility for damage to the body and/or bed that was un-observed or concealed at the time of receipt of the body and/or bed by the State.

4.1.13.2 Findings of damage believed to be from transit/shipping of the body and/or bed shall be listed and communicated to the Contractor.

1) The Contractor and/or sub-contractor shall, at their expense, address the listed damage to the satisfaction of the MoDOT Representative/s before the damaged body and/or bed is accepted.

2) The State reserves the right to perform a thorough post-delivery inspection of each delivered body and/or bed.

a. This inspection shall be of the entire body and/or bed including all standard and optional components/items.

b. Discrepancies and/or findings of non-compliance with published specifications, and/or issues of poor-quality workmanship shall be listed and communicated to the Contractor and/or Body Builder.

c. The Contractor and/or Body Builder shall, at their expense, address the listed items to the satisfaction of the MoDOT Representative/s before each delivered body and/or bed is accepted.

3) Payment to the Contractor for each delivered body and/or bed is contingent upon acceptance of each body and/or bed individually by the MoDOT Representative.

a. All noted issues with each delivered body and/or bed shall be corrected to the satisfaction of the

MoDOT Representative before the body and/or bed is accepted.

b. After acceptance of each delivered body and/or bed, processing of the Contractor payment will commence.

4.1.14 Inspection and Acceptance:

4.1.14.1 The State reserves the right to inspect the material at the point of manufacture, intermediate storage point, or at a destination which shall be at the discretion of the State.

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1) 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.

2) 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. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the Bidder upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

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

b. The MHTC’s right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the MHTC may have.

4.1.15 RFP Questions

4.1.15.1 Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the RFP, the evaluation, etc., to the buyer of record of this RFP. Vendors and their agents may not 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 and their agents who have questions regarding this matter should contact the buyer of record.

1) Questions and issues relating to the RFP must be directed to the buyer. Those questions can be emailed to the buyer at ryan.reed@modot.mo.gov.

4.1.15.2 Upon the MoDOT Central Office (CO) General Services (GS) Procurement

Buyer consideration of questions and issues, if the MoDOT Central Office Fleet Division determines that changes are necessary, the resulting changes will be included in a subsequently issued

RFP addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP addendum as the questions and issues did not provide further revision or clarity to the RFP or that time was not available to provide a response.

All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal addendum to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

NOTE: The only official position of the MoDOT shall be that which is contained in the RFP and any addendums thereto.

4.2…