Missouri Department of Social Services Division of Finance and Administrative Services, Procurement Unit Invitation for Bid (IFB) DSS 0000000011SL

Buyer: Sheri Menteer Phone: (573) 522-3160 E-Mail: Sheri.Menteer@dss.mo.gov

Title: Rooftop Vent Services Contract Period: December 1, 2026 through November 30, 2027

Issue Date: July 10, 2026

Return Bid By: August 3, 2026 by 2:00pm via MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov

Description of Services Required:

The contractor shall provide Rooftop Vent Services for the Department of Social Services, Family Support Division, Rehabilitation Services for the Blind in accordance with the requirements stated herein.

The undersigned hereby agrees to provide the services and items, at the prices stated, pursuant to the requirements of this document and further agrees that when this document is countersigned by an authorized official of the Missouri Department of Social Services, a binding contract, as defined herein, shall exist between the contractor and the Department of Social Services.

Authorized Signature Date

Printed Name Title

Bidder Name (Legal Name of Entity) Contact Person E-Mail

Mailing Address (Street or PO Box) City, State Zip

Telephone Fax Taxpayer Id Number (TIN)

Notice of Award (Department Use Only) Accepted by the Department of Social Services as follows:

Authorized Signature for the Department of Social Services Date https://missouribuys.mo.gov/

IFB # DSS 0000000011SL: Rooftop Vent Services

1 Introduction and General Information

1.1 This document constitutes a request for bids for the provision of Rooftop Vent Services for the

Department of Social Services, Family Support Division, Rehabilitation Services for the Blind (referred to hereinafter as the Department) at the Truman Building (Harry’s Place Cafeteria), 301 West High Street, Jefferson City, MO 65101, in accordance with the requirements and provisions stated herein.

1.2 This is a non-exclusive contract for the purchase of Rooftop Vent Services for the Department. The Department reserves the right to purchase services awarded under this contract from alternative sources, if deemed to be in the best interest of the Department.

1.3 The mission of the Missouri Department of Social Services is “Empower Missourians to live safe, healthy, and productive lives.”

1.4 Questions Regarding the IFB:

1.4.1 It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a bid.

a. The vendor and the vendor’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Inappropriate contacts to other personnel are grounds for suspension or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the buyer.

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

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

1.5 Background and Historical Usage Information:

1.5.1 A current contract exists for the product/services being obtained via this IFB. The contract number is

DSS24002001.

1.5.2 State Expenditures – The Missouri Accountability Portal (MAP) located on the Internet at:

https://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the links to “Site Information” and “Disclaimer”. Then, search by the contract number shown above when searching for financial information.

1.6 Although an attempt has been made to provide accurate and up-to-date information, the Department does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.

1.7 The contract period shall be from December 1, 2026 through November 30, 2027, with four (4) optional renewal periods of one (1) year each.

1.8 The contractor shall provide services on an as needed, if needed basis, as authorized by the Department.

The Department makes no guarantee of the number of units purchased under this contract or the amount of dollars expended.

2 General Performance Requirements

2.1 The contractor shall provide services in accordance with the provisions and requirements stated herein.

Services purchased by the Department shall consist only of those services described herein.

https://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/

2.2 Coordination

2.2.1 The contractor shall coordinate all contract activities with designated representatives of the Department.

2.2.2 The contractor shall attend and otherwise participate in orientation, planning and other meetings with the Department, as required.

2.2.3 In the course of providing the services required herein, the contractor shall collaborate with other agencies, resources and individuals as requested by the Department.

2.3 Correspondence

2.3.1 Within five (5) business days of contract award, the contractor shall provide the Department with the name, address, electronic mail (e-mail) address, and telephone number of the contractor’s representative servicing the contract.

2.3.2 The Department will use e-mail to transmit contract documents and other correspondence to the contractor. The Department shall encrypt emails to the contractor that contain information confidential by law to protect such from unauthorized disclosure.

2.3.3 The contractor shall encrypt any electronic correspondence containing information confidential by law.

2.4 Contractor’s Personnel

2.4.1 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), P.L. 104-208, 110 Stat. 3009, and INA Section 274A (8 U.S.C.

§1324a).

a. 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 (25%) of the total amount due to the contractor.

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

2.4.2 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:

a. 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;

b. Provide to the Department 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

c. Submit to the Department a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

2.5 Subcontractors: 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:

a. the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo,

b. shall not henceforth be in such violation, and

c. 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.

2.6 Affidavit of Work Authorization and Documentation:

2.6.1 Pursuant to section 285.530, RSMo, if the contractor meets the section 285.525, RSMo definition of a “business entity” (https://revisor.mo.gov/main/OneSection.aspx?section=285.525&bid=14999&hl=), the contractor must affirm the contractor’s 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 services requested herein. The contractor shall complete applicable portions of the exhibit titled Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of exhibit and any required documentation must be submitted prior to an award of a contract.

2.7 Debarment Certification:

2.7.1 The contractor certifies by signing the signature page of this original document and any amendment signature page(s) that the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs.

2.7.2 The contractor must complete and submit the exhibit titled Certification Regarding Debarment prior to award of a contract.

2.8 Contractor Registration with Secretary of State:

2.8.1 The contractor must complete and submit the exhibit titled Registration of Business Name with the Missouri Secretary of State prior to award of contract.

2.9 HIPAA:

2.9.1 The Department is subject to and must comply with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) (collectively, and hereinafter, HIPAA) and all regulations promulgated pursuant to authority granted therein.

2.9.2 The contractor shall be a “Business Associate” of the Department, as defined in the Code of Federal Regulations (CFR) at 45 CFR 160.103, and shall comply with the provisions of the Business Associate Agreement attached hereto as Attachment A.

2.9.3 For purposes of this contract and Attachment A, “immediately” shall mean without hesitation and no later than fifteen (15) minutes after discovery or reasonable suspicion of an incident.

3 Specific Performance Requirements

3.1.1 The contractor shall provide rooftop vent services for the Department of Social Services, Family Support

Division/Rehabilitation Services for the Blind (hereinafter referred to as the Department), at the Truman Building (Harry’s Place Cafeteria), 301 West High Street, Jefferson City, MO 65101 in accordance with the provisions and requirements stated herein.

3.1.2 The contractor shall perform all services to the sole satisfaction of the Department.

3.1.3 The contractor must perform the required services in accordance with the following operational and site-specific conditions.

a. vents are located on the 6th floor rooftop of the Truman Building;

b. work is required to be completed on a Saturday, schedule to be coordinated with the Department to allow for proper staff to be present; and

c. a crane or similar equipment (i.e. lift truck) is required to provide these services.

https://revisor.mo.gov/main/OneSection.aspx?section=285.525&bid=14999&hl

3.2 Contractor shall be responsible for inspecting, washing, and replacing filters as described herein.

Contractor shall provide all filters and deep-pleated media air cleaner filters (CHM or equivalent).

a. Filter specifications are as follows:

1) nine (9) 24” x 24” x 2” washable filters;

2) nine (9) 24” x 24” x 2” disposable pleated filters;

3) nine (9) 24” x 24” x 15” disposable bag filters; and

4) thirty-six (36) deep-pleated media air cleaner filters (CHM or equivalent).

b. Annual October Complete Service: Contractor shall perform “complete service” each October. The firm, fixed price for "Complete Service" (Exhibit 1, Line Item 1) must include all labor, equipment (including cranes/lifts), and the cost of all required filters listed below. No separate filter replacement fees shall be billed for the October service. This service must include the following specific activities:

1) Washable Filters: Wash all washable filters, replace as needed;

2) Disposable Pleated Filters: Replace all nine (9) disposable pleated filters;

3) Bag Filters: Replace all nine (9) disposable bag filters; and

4) Deep-Pleated Media Air Cleaner Filters: Replace all thirty-six (36) deep-pleated media air cleaner filters (CHM or equivalent).

c. Annual April Inspection and Filter Service: Contractor shall perform a comprehensive system inspection and filter service for all vent filters. This service must include the following specific activities:

1) System Inspection: Perform a complete system inspection;

2) Washable Filters: Wash all washable filters (Labor included in Exhibit 1, Line Item 2);

3) Disposable Pleated Filters: Replace all nine (9) disposable pleated filters (Filters and installation labor shall be invoiced at the per-unit rate in Exhibit 1, Line Item 4); and

4) Bag Filters: Inspect bag filters and replace as needed (Labor for inspection is included in Exhibit 1, Line Item 2; if replacement is required, the filter and installation labor shall be invoiced at the per-unit rate in Exhibit 1, Line Item 5).

d. Individual filter replacement prices (Exhibit 1, Line Items 3 through 6) shall apply only to filters replaced during the April inspection or as otherwise authorized by the Department on an as-needed basis outside of the October complete service cycle.

3.3 The contractor shall be responsible for removal of all trash from the project site.

3.4 The contractor shall be responsible for any and all damage which may occur as a result of contractor’s action, inaction or services provided by contractor under this contract.

3.5 The contractor must provide service in accordance with city ordinances and other applicable laws and regulations.

3.6 The contractor must work with Office of Administration, Facilities Management, Design, and Construction (OA/FMDC) to ensure services provided are in accordance with specific building maintenance requirements.

3.7 Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

4 General Contractual Requirements

4.1 General:

4.1.1 The contract shall consist of the Invitation for Bid (IFB) and any amendments, attachments and exhibits thereto; the bid submitted by the contractor in response to the IFB, as accepted by the Department; and any subsequent amendments to the awarded contract.

4.1.2 This contract shall be construed according to the laws of the State of Missouri. The contract governs the terms and conditions of the contracted services provided by the contractor. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, such provision(s) shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and the Department.

a. The agreement will be read and enforced as though every provision of law and clause required by law to be inserted herein were included. If any such provision is not inserted, then upon the notification of either party the agreement will be amended to make such correction.

4.1.3 The exclusive venue for any legal proceeding relating to or arising out of the contract shall be in the Circuit Court of Cole County, Missouri.

4.1.4 The contractor shall comply with all local, state and federal laws and regulations related to the performance of the contract.

4.1.5 The contractor certifies that the contractor and each of its principals (owners, director and others as defined by 2 CFR Part 180) are not suspended or debarred from contracting with the federal government. In the event the contractor or any of its principals become suspended or debarred during the contract period, the contractor shall immediately send written notification to the Department.

a. Suspension or debarment of the contractor, or failure by the contractor to provide written notification of suspension or debarment to the Department, may result in immediate termination of the contract.

4.1.6 The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the Department.

4.1.7 As authorized under sections 432.230 and 432.255 RSMo, the use of electronic signatures shall be permitted for contract documents. Additionally, contract documents maintained in electronic format shall be considered the official, legal record and shall have the same force and effect, as would a paper document.

4.2 Amendment, Renewal and Termination:

4.2.1 The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period.

4.2.2 Any change to the contract, whether by modification or supplementation, shall be accomplished by a formal, written contract amendment. Oral agreements or agreements confirmed by e-mail or otherwise to modify the contract shall not be enforceable.

4.2.3 The Department shall have the right, at its sole option, to renew the contract by written notice to the contractor. In the event the Department exercises its renewal option, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal period.

4.2.4 Either party, with or without cause, may terminate the contract by giving 60 calendar days advance written notice to the other party. The termination shall be effective 60 calendar days from the date of notice, or the date specified in the notice. The Department reserves the right to withdraw all clients before the end of the 60-calendar day period, if applicable.

4.2.5 The Department may terminate the contract for breach of contract by providing the contractor with written notice of termination.

a. The termination shall become effective on the date specified in the notice.

b. The Department shall not pay for services rendered or goods provided after the termination of the contract.

4.2.6 At its sole discretion, the Department may give the contractor an opportunity to cure the breach. Any opportunity to cure the breach will be provided to the contractor in writing.

4.2.7 The Department shall deem any written notice to the contractor sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail (e-mail), or otherwise delivered to an authorized employee of the contractor or the contractor's address of record.

a. The contractor shall notify the Department within ten (10) business days of any change to the contractor's address of record or mailing address, or both.

4.2.8 In the event of termination all client records, documentation, data, reports, supplies, equipment and accomplishments prepared, furnished, acquired or developed by the contractor, as a direct requirement specified in the contract, shall become the property of the Department.

a. Upon termination of the contract, the contractor shall maintain, store, transfer, dispose and provide for the authorized release of all client records, documentation, data, reports, supplies, equipment and accomplishments developed by the contractor as a requirement of the contract, as directed by the Department. The contractor shall not destroy or dispose of any such records, documentation, data, reports, supplies, equipment and accomplishments without the prior, written permission of the Department.

b. Upon termination of the contract, the Department shall have access to all client records pertaining to the performance of the contract. As requested by the Department, the contractor shall make available to the Department all client records and documents prepared or developed as a result of the contract.

4.2.9 Upon expiration, termination, or cancellation of the contract, the contractor shall assist the Department to ensure an orderly transfer of responsibility, or the continuity of those services required under the terms of the contract to an individual or organization designated by the Department, if requested in writing. The contractor shall provide or perform all the following responsibilities:

a. The contractor shall deliver, FOB destination, all records, documentation, reports, data, recommendations, or printing elements, etc., which were required to be produced under the terms of the contract to the Department or to the Department's designee within seven calendar (7) days after receipt of the written request.

b. If requested by the Department through a formal amendment to the contract, the contractor shall continue to provide all the services. The contractor shall provide the services in accordance with the terms and conditions, requirements and specifications of the contract. The contractor shall provide the services for a period not to exceed 30 calendar days after the expiration, termination or cancellation date of the contract. The contractor shall provide the services for a price not to exceed those prices set forth in the contract,

c. The contractor shall discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the Department, to ensure the completion of such service prior to the expiration of the contract.

4.3 Subcontracting:

4.3.1 The Department reserves the right to approve any subcontractor utilized by the contractor for the services/products required herein. The Department, at its sole discretion, may require such approval prior to the utilization of any subcontractor. In the event the Department requires prior approval to subcontract, the contractor shall provide notification of its intent to subcontract within the timeframe specified by the Department.

4.3.2 The utilization of a sub-contractor shall in no way relieve the contractor of the responsibility for providing the services required herein.

4.3.3 Any subcontracts for the services/products described herein shall be in writing and shall include all provisions and contractual obligations, including all requirements of the contract’s General Contractual Requirements, that are necessary to ensure the successful fulfillment of all obligations under the contract that are performed by a subcontractor.

4.3.4 Any subcontracts must ensure that the Department is indemnified, saved and, held harmless from and against all claims of damage, loss, and costs (including attorney fees and litigation expenses) of any kind related to a subcontract in those matters described in the contract between the Department and the contractor.

4.3.5 The contractor shall be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

4.4 Conflict of Interest:

4.4.1 The contractor certifies that the contractor has no other contractual or other relationships, which create any actual, or appearance of conflict of interest. During the term of the contract, neither the contractor nor any of its employees shall acquire any other contractual relationships, which would create such a conflict.

a. In the event the contractor becomes aware of any circumstances that may create a conflict of interest the contractor shall immediately take such actions to mitigate or eliminate the risk of harm caused by the conflict or appearance of conflict.

b. The contractor shall promptly, fully disclose and notify the Department of any circumstances that may arise that may create a conflict of interest or an appearance of conflict of interest. The contractor shall submit such notification to the Department in writing within seven (7) business days after the contractor discovers a conflict or appearance of a conflict.

c. In the event that the Department determines that a conflict or an appearance of a conflict exists, the Department may take any action that the Department determines is necessary to mitigate or eliminate the conflict or appearance of a conflict. Such actions may include, but are not limited to:

1) Exercising all the Department’s rights and remedies under the contract, up to and including terminating the contract with or without cause;

2) Directing the contractor to implement a corrective action plan within a specified time frame to mitigate, remedy or eliminate the circumstances which constitute the conflict of interest or appearance of conflict of interest; or

3) Taking any other action that the Department determines is necessary and appropriate to ensure the integrity of the contractual relationship and the public interest.

4.4.2 In accordance with state and federal laws and regulations, state executive order or regulations, the contractor certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with their performance of the contracted services. No person having such interest shall be employed or conveyed an interest, directly or indirectly, in the contract.

4.4.3 The contractor certifies that:

a. No State of Missouri employee assisted the contractor in obtaining this contract or will participate in the performance of this contract if such involvement constitutes a conflict of interest;

b. No State of Missouri employee shall be compensated under this contract for duties performed in the course of his/her state employment; and

c. Before any State of Missouri employee may be involved in the performance of this contract written approval shall be obtained from the Director of the Department.

4.4.4 No monies provided by the Department under this contract shall be used to promote or further nepotism.

4.4.5 The contractor shall not represent itself, its employees, or its subcontractor's, as employees of the Department or the State of Missouri.

4.5 Business Compliance:

4.5.1 The contractor must comply with applicable laws regarding conducting business in the State of Missouri and certifies by signing this contract that it and any subcontractors are presently, and will remain, in compliance with such laws.

4.5.2 The contractor shall have and maintain current and in good standing, all licenses and certifications that are required by law, rule or regulation for the duration of the contract.

a. The contractor shall notify the Department if the contractor’s license(s) or certification(s), or both have or may be terminated, revoked, modified or qualified within seven (7) business days.

b. The contractor shall notify the Department, within seven (7) business days, if the contractor becomes aware that the contractor or its agents, officers or employees are under any investigation.

Under investigation shall mean by law enforcement, governmental agency, or other entity with authority to investigate, revoke, suspend or take action against any license or certification that the contractor, its agents, employees or officers, may have to conduct business.

4.5.3 If required by state law, the contractor shall be registered and in good standing with the State’s Secretary of State and shall submit their State Certificate of Good Standing to the Department upon request.

4.5.4 The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax.

4.6 Personnel and Staffing:

4.6.1 The contractor shall comply with the Fair Labor Standard Act, Equal Employment Opportunity Act, any other federal and state laws, rules, regulations and executive orders to the extent that these may be applicable and shall insert the foregoing provision in all subcontracts awarded.

4.6.2 The contract is predicated, in part, on the utilization of the specific resources, individuals and personnel qualifications as identified and described in the contractor's proposal/bid, when applicable, or in the contractual requirements stated herein. Therefore, the contractor shall only utilize personnel and individuals in the performance of this contract who meet specific qualifications required for services to be provided.

a. No substitution of personnel shall be made by the contractor without written approval of the

Department and such substitutions made pursuant to this paragraph shall be equal to or better than those originally proposed, offered, identified or required.

4.6.3 The contractor shall only utilize personnel including those of any subcontractor(s), who are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this contract and shall provide documentation of such licensure or certification upon request.

4.7 Federal Funds Requirements and Applicable Laws and Regulations:

4.7.1 Non-Discrimination - 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. 45 CFR Part 92 -- Nondiscrimination on the Basis of Race, Color, National Origin, Sex, Age, or Disability in Health Programs or Activities Receiving Federal Financial Assistance and Programs or Activities Administered by the Department of Health and Human Services Under Title I of the Patient Protection and Affordable Care Act or by Entities Established Under Such Title;

b. 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;

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

d. 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;

e. 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;

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

https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-92 https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-92 https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-92 https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-92

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

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

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

i. The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders that may apply to the services provided via the contract.

4.7.2 The contractor shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.

104-156) and 2 CFR Part 200, subpart F, including subsequent amendments or revisions.

a. A copy of any audit report shall be sent to the Department each contract year if applicable. The contractor shall return to the Department any funds disallowed in an audit of the contract.

b. In the event federal funds are not utilized for contract, the contractor shall provide to the Department a copy of its annual report or statement on compliance and on internal control prepared by its external, independent public accounting firm.

c. If the contractor is a sub-recipient as defined in 2 CFR Part 200, subpart F 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.

4.7.3 Applicable Laws and Regulations and Public Policy Requirements - In performing its responsibilities under the contract, the contractor shall fully comply with the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR, Chapter 1, Chapter, II, Part 200, et al.), as applicable, including any subsequent amendments.

4.7.4 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 Department is obtained. Any statement, press release, or other document describing projects or programs funded with federal funds shall clearly state the following as provided by the Department:

a. The percentage of the total costs of the program or project that 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.

4.7.5 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 Department, when applicable, Disclosure of Lobbying Activities reporting forms.

4.7.6 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.

4.7.7 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.

4.7.8 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.).

4.7.9 The contractor shall comply with the public policy requirements as specified in the Department of Health and Human Services (HHS) Grants Policy Statement: Grants Policy Statement.

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

https://www.hhs.gov/sites/default/files/hhs-grants-policy-statement-april-2025.pdf

4.7.11 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 Department within five (5) business days after the conviction.

4.7.12 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.

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.

4.8 Financial Requirements:

4.8.1 The Department shall determine the availability of funding for this contract. The Department determination shall be final and without recourse by the contractor.

4.8.2 Funding for the contract must be appropriated by the Missouri General Assembly for each fiscal year included within the contract period. Therefore, the contract shall not be binding upon the Department for any period in which funds have not been appropriated, and the Department shall not be liable for any damages or costs, including attorney's fees, associated with termination caused by lack of appropriations.

a. The Department reserves the right to terminate the contract, without penalty or termination costs, if such funds are not appropriated or available.

b. In the event funds are not appropriated or available for the contract, the Department shall provide prompt notification to the contractor.

c. In the event funding for the contract becomes unavailable or interrupted, the contractor shall, upon written notification from the Department, suspend work activities and incur no further costs under the contract, until such time as the Department notifies the contractor, in writing, that funding has been restored, and work activities may resume.

d. In the event funds are not appropriated or available for the contract, the contractor shall not prohibit or limit the Department's right to pursue alternate contracts, as necessary, to conduct state governmental affairs.

e. The provisions of the above paragraphs shall apply to any amendment or the execution of any option to extend the contract.

4.8.3 The Department shall make payments due under the terms of the contract upon receipt and approval of a properly itemized invoice, as set forth herein.

a. The contractor shall submit invoices in accordance with the requirements stated in the contract and no later than the time period specified in § 33.120 RSMo, unless more restrictive requirements are established by state or federal law or regulation.

b. The contractor shall not invoice federal or state tax.

4.9 Contractor Liability:

4.9.1 The contractor shall be responsible for all personal injury, including death, or property damage as a result of the contractor’s actions, or inactions, including but not limited to, misconduct, negligence, or any future negligent act, involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract.

a. In addition to the liability imposed upon the contractor on account of personal injury, bodily injury

(including death), or property damage suffered as a result of the contractor’s negligence, the contractor shall pay, indemnify, save and hold harmless the State of Missouri, including its agencies, employees, and assigns, from every expense, liability, or payment arising out of such misconduct or negligent act.

4.9.2 The contractor shall hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent or intentional 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.

4.10 Insurance:

4.10.1 The Department shall not be required to save and hold harmless and indemnify the contractor, its employees, agents or subcontractors 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 shall acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its clients, its employees and the public against any loss, damage and expense related to the contractor's performance under the contract.

4.10.2 The contractor shall maintain adequate automobile liability insurance for the operation of any motor vehicle used to provide any form of transportation service related to the services of this contract.

4.10.3 If the contract involves the performance of medical services of any type, the contractor shall maintain adequate liability insurance to cover all medical services rendered.

4.10.4 The contractor shall submit proof of insurance coverage to the Department as requested. Proof of insurance coverage shall include, but not be limited to, effective dates of coverage, limits of liability, insurers' names, policy numbers, company, etc. The contractor may use proof of self-insurance coverage or another alternative risk financing mechanism if such coverage is verifiable and irrevocably reliable.

4.11 Recordkeeping and Reporting Requirements:

4.11.1 The contractor shall submit itemized reports, records and information at the request of the Department.

4.11.2 The contractor shall maintain auditable records for all activities performed under this contract.

Financial records shall conform to Generally Accepted Accounting Principles (GAAP). Such records shall include the following, as applicable:

a. the specific number and type of service units provided;

b. itemized revenues and expenditures related to the performance of the contract;

c. the number and type of clients served;

d. detailed documentation of services provided to each client, included progress notes;

e. all records necessary for performing a full audit of the contractor's performance under the contract;

and

f. other relevant records.

4.11.3 The contractor shall have in place management and fiscal controls that are adequate to assure full performance of the contractor’s obligations under this contract. The contractor shall maintain sufficient cash flow to perform its obligations under the contract for the duration of the contract. The contractor shall within one business day notify the Department of any cash flow issues where the contractor's obligations required under this agreement would be in jeopardy.

4.11.4 The contractor shall allow the Department or its authorized representative to inspect and examine the contractor's premises or records, or both, which relate to the performance of the contract at any time during the period of the contract and thereafter within the period specified herein for the contractor’s retention of records.

4.11.5 The contractor shall within one business day provide the Department with access to Department clients and records of the Department clients without limitation.

a. The contractor shall promptly produce all e-mails and correspondence related to Department clients, as requested by the Department.

4.11.6 The contractor shall permit governmental auditors and authorized representatives of the State of Missouri to have access, for the purpose of audit or examination, of all the books, documents, papers, and records of the contractor's recording receipts and disbursements of any of the funds made available to the contractor relating to the operation of this contract for the Department at any reasonable time.

a. The contractor shall retain all records pertaining to the contract for seven (7) years after the close of the contract year unless audit questions have arisen, or any legal action is contemplated or filed within the seven-year (7) limitation and have not been resolved. All records shall be retained until all audit questions or legal actions, or both have been resolved. The contractor shall safeguard and keep such records for such additional time as directed by the Department. The obligation of the contractor to retain and produce records shall continue even after the contract expires or is otherwise terminated by either party.

4.11.7 The contractor shall provide written notification to the Department when there is any change in the contractor's licensure or certification/accreditation status, official name, address of record, Executive Director, or change in ownership or control of the contractor’s organization.

4.11.8 Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor shall notify the Department immediately. Upon learning of any such actions, the Department reserves the right, at its sole discretion, to either cancel or affirm the contract and hold the contractor responsible for damages, to the extent authorized by law.

4.12 Confidentiality:

4.12.1 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, to the extent required by law.

4.12.2 The contractor shall release no reports, documentation or material prepared pursuant to the contract to the public without the prior written consent of the Department, unless such disclosure is required by law.

4.12.3 If required by the Department, the contractor and any required contractor personnel shall sign specific documents regarding confidentiality, security, or other similar documents.

4.12.4 The contractor shall use appropriate administrative, physical and technical safeguards to prevent use or disclosure of any information confidential by law that it creates, receives, maintains, or transmits on behalf of the Department other than as provided for by the contract. Such safeguards shall include, but not be limited to:

a. Encryption of any portable device used to access or maintain confidential information or use of equivalent safeguard;

b. Encryption of any transmission of electronic communication containing confidential information or use of equivalent safeguard;

c. Workforce training on the appropriate uses and disclosures of confidential information pursuant to the terms of the contract;

d. Policies and procedures implemented by the contractor to prevent inappropriate uses and disclosures of confidential information by its workforce and subcontractors, if applicable; and

e. Any other safeguards necessary to prevent the inappropriate use or disclosure of confidential information.

4.12.5 The contractor shall not store, locate, transfer, transmit or permit access to any portion of the Department’s system instance, configuration, customization, documentation, or code related to the contractor’s solution, nor any Department data at rest (including encrypted or de-identified data) outside of the United States. The contractor shall also prohibit all personnel from storing Department data on removeable media, including but not limited to USB drives, optical discs, or on mobile or personally owned devices such as tablets, mobile phones, or laptops. Storage of such data is permitted only on devices used exclusively within secured and controlled data centers.

4.12.6 Substance Abuse Records – The Department is subject to and must comply with applicable provisions of federal law governing the confidentiality of substance use disorder patient records, including 42 U.S.C. § 290dd-2 and the regulations promulgated at 42 C.F.R. Part 2.

4.13 Property of State:

4.13.1 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.

a. Upon expiration, termination, or cancellation of the contract, all such 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 Department.

4.13.2 Any ancillary…