RFQ20802022002_Apr_28_25_solicitation_doc.pdf

Solicitation Number: RFQ20802022002

Hazardous Materials Education Training Courses

Request for Quote (RFQ)

DPS - SEMA

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General Header Information

RFQ20802022002

No. RFQ20802022002 Title: Hazardous Materials Education Training Courses Start Date: August 18, 2021 at 1:00:00 PM GMT End Date: September 10, 2021 at 7:00:00 PM GMT Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: The contractor shall provide hazardous materials education training courses for the Department of Public Safety, State Emergency Management Agency (hereinafter referred to as state agency) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

Delivery Terms: Free On Board Destination Payment Terms: Vendor Specified Contact Information: DPS - SEMA

Robyn Siebeneck 2302 Militia Dr Basement Jefferson City MO, 65101 United States Tel: 573-526-9150 Fax:

robyn.siebeneck@sema.dps.mo.gov

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

Robyn Siebeneck 2302 Militia Dr Basement Jefferson City MO, 65101 United States Tel: 573-526-9150 Fax:

robyn.siebeneck@sema.dps.mo.gov

Selected Categories:

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RFQ20802022002

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.

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

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Solicitation Requirements:

RFQ20802022002

REQUIREMENTS

Requirements:

To access the official solicitation document, which includes all applicable requirements, detailed specifications, and terms and conditions, the vendor must click on the Overview tab to view the solicitation. Under the Overview tab, the vendor must either: 1) print the solicitation document in order to submit a hard copy, if allowed by the solicitation, or 2) review and accept the solicitation documents under the Overview tab, and submit an electronic response to the solicitation through the MissouriBUYS system.

Ignitable Liquids and Ethanol Blended Fuels Course

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Ignitable Liquids and Ethanol Blended Fuels Course: The contractor shall conduct an eight-hour course using: (1) a PowerPoint presentation, (2) a student manual, and (3) hands-on demonstrations and practical skills. The contractor shall discuss topics including the principles for responding to Ethanol, E85, and E95 fuel emergencies.

a.Course Objectives – At a minimum, the contractor shall ensure the following course objectives are covered:

1)Discuss vapor pressure, flash point, upper and lower flammable limits, and properties of hydrocarbons and polar solvents (Ethanol, E85, and E95).

2)Describe ethanol plant layout and operation.

3)Discuss equipment used and proper techniques for deploying foam generating equipment.

4)Describe how foam works to determine foam flow and foam needs for typical incidents.

5)Describe the difference between the following:

•Class A foam (wetting agents), •Aqueous Film-Forming Foam (FFF) Class B foam for hydrocarbons, •Alcohol resistant foam (AR-AFFF) for E85, and

•Emulsifiers.

6)Describe National Fire Protection Association application rates for all Class B foam types.

b.Practical Skills Objectives – The contractor shall ensure each student demonstrates the ability to:

1)Set up and operate a foam hand line with nozzle and educator as a team member;

2)Extinguish two (2) flammable liquid fires with foam and/or a dry chemical;

3)Observe and compare foam longevity from aspirating and fog nozzles;

4)Compare regular AFFF and AR-AFFF actions on an E95 fire;

5)Compare rain down, backboard, and roll-on application techniques for E95;

6)Observe burn back and dry chemical application; and

7)Properly clean equipment used for generating foam.

c.The contractor shall conduct practical skills with the students using live fire drills while applying foam. The live fire drill must be completed in a burn pan or other appropriate container. The contractor shall agree and understand that Heptane and/or Ethanol must be used as the flammable liquid for live burns. The contractor must provide the appropriate amount of foam and dry chemicals to allow for all students to complete the practical skills.

Liquid Propane (LP) Gas Training Course

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The contractor shall conduct an eight-hour course using: (1) a PowerPoint presentation, (2) a student manual, and (3) hands-on demonstrations and practical skills. The contractor shall present an overview of LP Gas properties and characteristics, as well as provide the students the opportunity to participate in an actual fire attack on an LP tank fire. The contractor’s topics shall include common storage containers in residential and commercial use and the components of different types of transport vehicles. The student, given the necessary resources by instructors, shall demonstrate correct techniques for size-up, incident management system, communications, water resources, container design and construction features, tactical response guidelines, and life safety issues consistent with information explained in the course.

a.Course Objectives – At a minimum, the contractor shall ensure that the following course objectives are covered:

1)Identify equipment and devices used in the handling and storage of LP Gas;

2)List the personal safety considerations involved with LP Gas emergencies;

3)List the procedure for handling LP Gas leaks with our without fire;

4)Identify the considerations for the hazards associated with LP Gas vessels exposed to fire; and

5)List the considerations when deciding to attack, defend, or evacuate a scene involving LP Gas given various scenarios.

b.Practical Skills Objectives – The contractor shall ensure that the student demonstrates the ability to:

1)Use hose lines in controlling and LP Gas fire involving a bobtail truck or a residential propane tank while working as a team;

2)Safely approach a bobtail truck or residential propane tank and control the flow of propane gas while working as a team, 3)Locate safety features and controls on a bobtail truck or residential propane tank; and

4)Control a live fire involving a bobtail truck or a residential propane tank while working as a team.

Ignitable Liquids and Class B Foam Training Course

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The contractor shall conduct an eight-hour hazardous materials training course using: (1) a

PowerPoint presentation, (2) a student manual, and (3) hands-on demonstrations and practical skills. The contractor shall present an overview of topics including: Ignitable Liquids and their properties; Class B foam, its uses, properties, and how it is different from wetting agents; and educators and nozzles, their use, and troubleshooting with individual practical exercises. The students shall participate in practical evolutions using foam and dry chemicals on controlled flammable liquid fires.

a.Course Objectives – At a minimum, the contractor shall ensure the following course objectives are covered:

1)Define terms and identify three (3) important properties of ignitable liquids;

2)Predict vapor behavior for two (2) spill solutions;

3)Name two (2) contributing factors for boil over and frothing;

4)List the five (5) functions of Class B foam;

5)Discuss equipment used and proper techniques for deploying foam generating equipment and identify four (4) causes of educator and nozzle failure;

6)Compare aspirating to non-aspirating foam nozzles on hydrocarbon and polar solvent fires;

7)Compare wetting/emulsifying agents to Class B foam agents on typical ignitable liquid spills and fires;

8)List three (3) hazards concealed by foam blankets and two ways to reduce risk while working in foam; and

9)Calculate delivery rate and quantity of foam concentrate required for a typical tanker spill fire and understand National Fire Protection Association (NFPA) application rates for all Class B foam types.

b.Practical Skills Objectives – The contractor shall ensure that each student demonstrates the ability to:

1)Set up and operate a foam hand line with nozzle and educator as a team member;

2)Evaluate and trouble shoot two foam hand line systems;

3)Extinguish two flammable liquid fires with foam and/or dry chemical; and

4)Proper cleaning of equipment used for generating foam.

c.The contractor shall conduct practical skills that will be completed using live fire drills while applying foam. The live fire drill shall be completed in a burn pan or other appropriate container.

The contractor shall use Heptane as the flammable liquid for live burns. The contractor shall provide an appropriate amount of foam and dry chemical to allow for all students to complete the practical skills.

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MC 306 Tanker Rollover Specialty Course The contractor shall conduct an eight-hour course using: 1) combination of PowerPoint

Presentations, 2) student handouts, 3) demonstrations, and 4) practical skills applications as required. The contractor’s courses shall meet the objective of NFPA 472: Standard for

Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, Refresher training (2013 edition), and Occupational Safety and Health Administration (OSHA)

1910.120. The contractor shall ensure that the course is compliant with OSHA 29 1910.134, Respiratory Protection and National Fire Protection Association 1500 7.14.3 Standard on Fire

Department Occupational Health and Safety Using Respirator Protection (no facial hair shall come in contact with the self-contained breathing apparatus {SCBA} mask).

a.At a minimum, the contractor shall provide the equipment or pre-approved substitutes:

1)MC -306 Cargo Tanker capable of being rolled onto side using a minimum of two (2) tow trucks;

2)Transfer equipment;

3)Dome clamp, grounding and bonding materials;

4)Foam application devices, training foam; and

5)Plugging and patching materials.

b.The contractor’s course must meet the competencies outlined in NFPA 472- 2013 edition, Chapter 13 Competencies for Hazardous Materials with Cargo Tank Specialty.

c.The contractor’s course must provide first responders with the requisite knowledge and skills required to respond safety to an incident involving an MC-306 Cargo Tanker. The contractor’s course must meet the following course objectives:

1)Describe the Safety Features of the MC-306;

2)Identify the construction Features of the MC-306; and

3)Describe the hazards of the materials being transported.

d.Practical Skills Objectives – At a minimum, the contractor shall ensure the following practical skills objectives are covered:

1)Hot tapping / material transfer;

2)Plugging and patching / leak containment;

3)Foam application;

4)Dome clamp application / grounding and bonding; and

5)Incident Command System and safety operations.

Performance Requirements

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The contractor shall have an instructor ratio of at least one (1) instructor per five (5) students during the live fire drills. Instructors must have attended an Instructional methods course. Live fire drills must follow National Fire Protection Association guidelines for live fire training burns. The contractor shall adhere to the 1403 Standard on Live Fire Training Evolutions.

The contractor shall provide the state agency with a list of instructors and practical skill evaluators that includes their qualifications to deliver the assigned course. In addition, the contractor shall pre-register with the certifying entity all courses pertaining to certification that includes dates of delivery, course location, instructors, and practical skill evaluators.

The contractor shall work with the host Local Emergency Planning Committees (LEPC) and/or the

LEPC Point of Contact to arrange for necessary equipment and training facilities. The contractor shall provide all equipment and/or props when props specifically designed for these courses are needed.

The contractor shall obtain all required local, state, and federal permits necessary to perform the trainings prior to class commencement.

The contractor shall complete and have the sole responsibility of all of the necessary clean up, remediation, or waste disposal pursuant to applicable regulations.

The contractor must work at the direction state agency’s Missouri Emergency Response

Commission (MERC) to schedule classes and in completing all required paperwork or documentation required for course registration, student rosters, course publicity, and student certificates. All publicity regarding the course must be prior approved by MERC. The contractor shall ensure that an instructor evaluation is completed by the students for all courses and provided to MERC on completion of the course.

The contractor shall maintain training schedules on a state sponsored central database and reports shall be available to the state agency at least quarterly. The contractor’s changes to the training schedule shall be submitted to state agency at least ten (10) business days prior to the commencement of the course. The state agency will notify the contractor within five (5) business days of receipt of the training schedule if any of the courses submitted on the training schedule shall be cancelled.

The contractor shall agree and understand that in the event that the minimum class size requirements are not met, the MERC Director will make a determination on the viability of the course. If there is a determination that the course will be cancelled, the host LEPC will notify the students and the contractor at least seven (7) calendar days prior to the scheduled course date.

The contractor shall agree and understand that the minimum class size requirements are as follows:

a.Ignitable Liquids and Ethanol Blended Fuels: 10, b.Liquid Propane (LP) Gas: 10, Page:10 c.Ignitable Liquids and Class B Foams: 10, and d.MC 306 Tanker Rollover: 15.

The contractor shall agree and understand that in order for the student to obtain a certificate of completion, the contractor’s course instructor must validate that the student participated in 100% of the course delivery and passed any written examination by at least 70%, if applicable.

In connection with the furnishing of supplies or performance of work under the contract, the contractor shall comply with the Fair Labor Standards Act, Equal Opportunity Employment Act, the

Illegal Immigration Reform and Immigrant Responsibility Act and all other applicable federal and state laws, regulations, and executive orders to the extent that the same may be applicable.

The contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein, unless otherwise specified herein. All course materials such as student handouts, classroom props and equipment called for in the practical skills objectives shall be provided by the contractor.

a.However, the propane for the Liquid Propane (LP) Gas Training Course will be supplied by the host LEPC.

Reporting and Recordkeeping Requirements The contractor shall provide the state agency with a report on courses scheduled and completed on a timely basis, and no less than monthly during the period of performance. The contractor’s report shall include detailed billing, student rosters, practical skill evaluations (if applicable), course completion tests, and instructor evaluations.

The contractor shall prepare and submit a written report on an annual calendar year basis (January

15) to the state agency. The report must state items by contract item number, respective volumes purchased for each item, respective contract price and extended contract price; and an annual total by line item.

The contractor shall maintain all student records and transcripts in instructor evaluations. The contractor shall maintain all student records and transcripts in accordance with existing policies and procedures of the LEPC and the contactor.

The contractor shall retain all books, records and other documents relevant to the contract for a period of three years after final payment or the completion of an audit. The contractor must allow authorized representatives of the state agency, state and federal governments to inspect the records upon request at any reasonable time during the contractor’s normal business hours.

Invoice and Payment Requirements

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The State of Missouri shall submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS vendor registration. However, 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 verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

a.The contractor must submit invoices on the contractor’s original descriptive business invoice form unless the contractor is submitting an integrated electronic invoice (eInvoice) in MissouriBUYS.

Each invoice submitted must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS vendor. The invoice number will be listed on the State of

Missouri’s EFT addendum record to enable the contractor to properly apply the state agency’s payment to the invoice submitted. 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

Invoicing – Upon completion of each training course, the contractor shall submit an invoice itemized in accordance with item listed on the purchase order issued by the state agency to the email address specified by the state agency.

a.The contractor’s invoice shall specify the purchase order number.

Payments – Upon completion and acceptance of the contractor’s performance pursuant to the terms of the contract by the state agency and the state agency’s approval of the invoice, the contractor shall be paid the applicable firm, fixed prices as stated on the Pricing Page.

Other than the payments specified above, no other payments or reimbursements shall be made to the 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.

Notwithstanding any other payment provision of the contract, if the contractor fails to perform required work or services, fails to submit reports when due, or is indebted to the United States, the state agency may withhold payment or reject invoices under the contract.

Final invoices are due by no later than thirty (30) calendar days of the expiration of the contract.

The state agency shall have no obligation to pay any invoice submitted after the due date.

If a request by the contractor for payment or reimbursement is denied, the state agency shall provide the contractor with written notice of the reason(s) for denial.

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

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

Other Contractual Requirements

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Contract - A binding contract shall consist of: (1) the RFP, addendums thereto, and any Best and

Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor’s proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) the Division of

Purchasing’s acceptance of the proposal by “notice of award”. All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference.

a.A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies, and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency.

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

c.Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the Division of Purchasing prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.

Contract Period - The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Division of Purchasing shall have the right, at its sole option, to renew the contract for _two (2) additional one-year periods, or any portion thereof. In the event the

Division of Purchasing exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

Renewal Periods - If the option for renewal is exercised by the Division of Purchasing, the contractor shall agree that the prices for the renewal period shall not exceed the maximum price for the applicable renewal period stated on the Pricing Page of the contract.

a.If renewal prices are not provided, then prices during renewal periods shall be the same as during the original contract period.

Page:14 b.In addition, the contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

Termination - The Division of Purchasing reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

Contractor Liability - The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract.

In addition, the contractor assumes the obligation to save the State of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act.

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

b.The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees.

c.Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the state for losses or damages (other than those listed above) or (2) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.

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Insurance - The contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of

Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. General and other non-professional liability insurance shall include an endorsement that adds the State of Missouri as an additional insured. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of

Missouri is protected as an additional insured.

a.In the event any insurance coverage is canceled, the state agency must be notified at least thirty

(30) calendar days prior to such cancelation.

Subcontractors - Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Missouri and to ensure that the

State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor.

a.The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

b.The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

c.The contractor must obtain the approval of the State of Missouri prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld.

d.Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that:

1)The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation.

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2)The contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor’s employees are lawfully present in the United States.

Participation by Other Organizations - The contractor must comply with any Organization for the

Blind/Sheltered Workshop participation levels committed to in the contractor’s awarded proposal.

a.The contractor shall prepare and submit to the Division of Purchasing a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops participating in the contract for the reporting period. The contractor must submit the report on a monthly basis, unless otherwise determined by the Division of Purchasing.

b.The Division of Purchasing will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop participation levels committed to in the contractor’s awarded proposal. If the contractor’s payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. If the Division of Purchasing determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released.

c.If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other organizations for the blind/sheltered workshops to fulfill the participation requirements committed to in the contractor’s awarded proposal.

1)The contractor must obtain the written approval of the Division of Purchasing for any new entities. This approval shall not be arbitrarily withheld.

2)If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Division of Purchasing detailing all efforts made to secure a replacement. The Division of

Purchasing shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor’s participation commitment.

d.No later than 30 days after the effective date of the first renewal period, the contractor must submit an affidavit to the Division of Purchasing. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contractor may use the affidavit available on the Division of

Purchasing’s website at http://oa.mo.gov/sites/default/files/bswaffidavit.doc or another affidavit providing the same information.

Substitution of Personnel - The contractor agrees and understands that any substitution of the specific key individual(s) and/or personnel qualifications identified in the proposal must be with individual(s) of equal or better qualifications than originally proposed.

http://content.oa.mo.gov/sites/default/files/bswaffidavit.doc

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Authorized Personnel:

a.The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration

Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.

b.If the contractor is found to be in violation of this requirement or the applicable state, federal, and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the contractor.

c.The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

d.If the contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract:

1)Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND

2)Provide to the Division of Purchasing the documentation required in the exhibit titled Business

Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND

3)Submit to the Division of Purchasing a completed, notarized Affidavit of Work Authorization provided in the exhibit titled Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

e.In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their

Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.

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Contractor Status - The contractor is an independent contractor and shall not represent the contractor or the contractor’s employees to be employees of the State of Missouri or an agency of the State of Missouri. The contractor shall assume all legal and financial responsibility for salaries, taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.

Coordination - The contractor shall fully coordinate all contract activities with those activities of the state agency. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the state agency or the Division of

Purchasing throughout the effective period of the contract.

Property of State – The contractor shall agree and understand that all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall become the property of the State of Missouri. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the

State of Missouri, which shall include all rights and interests for present and future use or sale as deemed appropriate by the state agency.

a.The State of Missouri understands and agrees that any ancillary software tools or pre-printed materials (e.g., project management software tools or training software tools, etc.) developed or acquired by the contractor that may be necessary to perform a particular service required hereunder but not required as a specific deliverable of the contract, shall remain the property of the contractor; however, the contractor shall be responsible for ensuring such tools and materials are being used in accordance with applicable intellectual property rights and copyrights.

b.The contractor shall further agree that no reports, documentation, or material prepared, including the program(s) developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the state agency.

Confidentiality:

a.The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the state agency.

b.If required by the state agency, the contractor and any required contractor personnel must sign specific documents regarding confidentiality, security, or other similar documents upon request.

Failure of the contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document.

Contractor Equipment Use:

Page:19 a.Title to any equipment required by the contract shall be held by and vested in the contractor. The

State of Missouri shall not be liable in the event of loss, incident, destruction, theft, damage, etc., for the equipment including, but not limited to, devices, wires, software, technical literature, etc. It shall be the contractor’s sole responsibility to obtain insurance coverage for such loss in an amount that the contractor deems appropriate.

b.Liability - The contractor shall agree that the State of Missouri shall not be responsible for any liability incurred by the contractor or the contractor's employees arising out of the ownership, selection, possession, leasing, rental, operation, control, use, maintenance, delivery, return, and/or installation of equipment provided by the contractor, except as otherwise provided in the contract.

State Agency Equipment - Equipment purchased by the state agency and placed in the custody of the contractor shall remain the property of the state agency. The contractor must ensure these items are safeguarded and maintained appropriately, and return such equipment to the state agency within the time frame specified by the state agency.

Hazard Communication Safety Data Sheets and Labeling Requirements- The State of Missouri, Division of Purchasing, in accordance with the revised rules and regulations of the Occupational

Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the State of Missouri be labeled with warning labels, and either contain a safety data sheet with each shipment, or the contractor otherwise shall make available a safety data sheet specific to the product available for downloading from the internet. The contractor shall ensure that the state agency is informed about where to find safety data sheets for products under contract.

Safety data sheet information must be compliant with OSHA’s Hazard Communication Standard.

Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor’s Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor’s Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.

Federal Funds Requirement

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The contractor shall understand and agree that the contract may involve the use of federal funds.

Therefore, for any federal funds used, the following paragraphs shall apply:

Applicable Laws and Regulations - In performing its responsibilities under the contract, the contractor shall fully comply with the following Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments.

a.Uniform Administrative Requirements - OMB Circular A-102 – Grants and Cooperative

Agreements with State and Local Governments; and 2 CFR 215 – Grants and Other Agreements with Institutions of Higher Learning, Hospitals and Other Non-Profit Organizations (OMB Circular A-

110).

b.Cost Principles:

1)2 CFR 225 – State, Local and Indian Tribal Governments (OMB Circular A-87);

2)2 CFR 230 – Non-Profit Organizations (OMB Circular A-122);

3)2 CFR 220 Educational Institutions (OMB Circular A-21);

4)48 CFR 31.2 – For-Profit Organizations; and

5)45 CFR 74 Appendix E – Hospitals.

Steven’s Amendment – In accordance with the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, Public Law 101-166, Section 511, “Steven's Amendment”, the contractor shall not issue any statements, press releases, and other documents describing projects or programs funded in whole or in part with Federal funds unless the prior approval of the state agency is obtained and unless they clearly state the following as provided by the state agency:

a.The percentage of the total costs of the program or project which will be financed with Federal funds;

b.The dollar amount of Federal funds for the project or program; and c.The percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

The contractor shall comply with 31 U.S.C. 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions. No funds under the contract shall be used to pay the salary or expenses of the contractor, or agent acting for the contractor, to engage in any activity designed to influence legislation or appropriations pending before the United

States Congress or Missouri General Assembly. The contractor shall comply with all requirements of 31 U.S.C. 1352 which is incorporated herein as if fully set forth. The contractor shall submit to the state agency, when applicable, Disclosure of Lobbying Activities reporting forms.

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The contractor shall comply with the requirements of the Single Audit Act Amendments of 1996

(P.L. 104-156) and OMB Circular A-133, including subsequent amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for-profit hospitals and commercial organizations. A copy of any audit report shall be sent to the state agency each contract year if applicable. The contractor shall return to the state agency any funds disallowed in an audit of the contract.

The contractor shall comply with the Pro-Children Act of 1994 (20 U.S.C. 6081), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.

The contractor shall comply with 37 CFR part 401, "Rights to Inventions Made by Nonprofit

Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative

Agreements," and any implementing regulations, as applicable.

The contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended

(33 U.S.C. 1251 et seq.).

If the contractor is a sub-recipient as defined in OMB Circular A-133, Section 210, the contractor shall comply with all applicable implementing regulations, and all other laws, regulations and policies authorizing or governing the use of any federal funds paid to the contractor through the contract.

The contractor shall comply with the public policy requirements as specified in the Department of

Health and Human Services (HHS) Grants Policy Statement:

(https://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf)

The contractor shall comply with Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104), as amended.

The contractor shall provide a drug free workplace in accordance with the Drug Free Workplace Act of 1988 and all applicable regulations. The contractor shall report any conviction of the contractor’s personnel under a criminal drug statute for violations occurring on the contractor’s premises or off the contractor’s premises while conducting official business. A report of a conviction shall be made to the state agency within five (5) working days after the conviction.

Contractor Whistleblower Protections:

a.The contractor shall comply with the provisions of 41 U.S.C. 4712 that states an employee of a contractor, subcontractor, grantee, or subgrantee may not be discharged, demoted or otherwise discriminated against as a reprisal for “whistleblowing”. In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment.

https://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf

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This bid has no questions defined.

This bid does not have any documents.

b.The contractor’s employees are encouraged to report fraud, waste, and abuse. The contractor shall inform their employees in writing they are subject to federal whistleblower rights and remedies. This notification must be in the predominant native language of the workforce.

c.The contractor shall include this requirement in any agreement made with a subcontractor or subgrantee.

Non-Discrimination and ADA - The contractor shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to the contract. These include but are not limited to:

a.Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities;

b.Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. Section 206 (d));

c.Title IX of the Education Amendments of 1972, as amended (20 U.S.C 1681-1683 and 1685-

1686) which prohibits discrimination on the basis of sex;

d.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) which prohibit discrimination on the basis of disabilities;

e.The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age;

f.Equal Employment Opportunity – E.O. 11246, “Equal Employment Opportunity”, as amended by

E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity”;

g.Missouri State Regulation, 19 CSR 10-2.010, Civil Rights Requirements;

h.Missouri Governor’s E.O. #94-03 (excluding article II due to its repeal);

i.Missouri Governor’s E.O. #05-30; and j.The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided via the contract.

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Item Specifications

No. Item Alternative Supplier Part No Mfr.

Name

Mfr. No Del

Date

Unit Unit Bid Qty. Total

1 Ignitable Liquids and

Ethanol Blended Fuels each 0

Item Specification for Ignitable Liquids and Ethanol Blended Fuels

Description: Per Training Course

Allow Vendor to Enter Negative Value : No

Exclude Line Item from Bid Total : No

2 Liquid Propane Gas each 0

Item Specification for Liquid Propane Gas

3 Ignitable Liquids and Class

B Foam each 0

Item Specification for Ignitable Liquids and Class B Foam

4 MC 306 Tanker Rollover

Specialty each 0

Item Specification for MC 306 Tanker Rollover Specialty

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