State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for

School Cardiac Emergency Response Plan Preparedness Support

PROPOSAL DUE NO LATER THAN: October 30, 2026 AT 2:00 PM CENTRAL TIME

Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

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

RFP CONTACT INFORMATION:

BUYER: Sean Mayer

PHONE NO.: (573) 751-4887

EMAIL: sean.mayer@oa.mo.gov

See “RFP Questions” in Section 1 for appropriate communications during the procurement process.

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

Department of Health and Senior Services 930 Wildwood Dr.

Jefferson City, MO 65109

ATTENTION:

1. After reviewing the Request for Proposal (RFP), the vendor must complete and return Exhibit A, Proposal Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the RFP’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS, powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a proposal. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

RFP Organization:

RFP Vendor Response Exhibits

(Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for competitive, sealed proposals for the provision of a grant program administered by an association of Emergency Medical Services professionals for activities and equipment that further promote Cardiac Emergency Response Plan Preparedness for schools as set forth herein for the Missouri Department of Health and Senior Services (hereinafter referred to as “state agency”).

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

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

1.2 Background and Historical Usage Information:

1.2.1 The Department of Health and Senior Services (DHSS) works to promote health and safety through prevention, collaboration, education, innovation, and response to achieve optimal health and safety for all Missourians, in all communities, for life.

1.2.2 Heart disease remains the leading cause of death in the United States, responsible for more than 919,000 deaths in 2023. A major driver of this burden is sudden cardiac arrest (SCA), a rapid and unexpected loss of heart function caused by an electrical malfunction. Although often confused with heart disease, SCA is a distinct and highly fatal event. More than 356,000 out-of-hospital SCAs occur every year, and nearly 90 percent of those affected do not survive.

1.2.3 Immediate bystander action is the strongest predictor of survival. When CPR is started right away, a person’s chance of survival can double or even triple. The use of an Automated External Defibrillator (AED) further increases the likelihood of restoring normal heart rhythm. Despite this, national survival rates remain below 10 percent because cardiac emergencies often occur in locations where bystanders are not trained, equipment is not accessible, or emergency response plans are not in place.

1.2.4 Children and youth are also affected. Each year, an estimated 23,000 pediatric out-of-hospital cardiac arrests occur. Evidence shows that in settings where AEDs are available and staff are trained, outcomes are dramatically better. In schools equipped with AEDs, approximately 70 percent of children survive cardiac arrest—seven times the average survival rate for pediatric events.

1.2.5 Ensuring that schools have trained responders, accessible AEDs, and a well-developed Cardiac Emergency Response Plan (CERP) is essential to saving lives.

1.2.6 In 2025, the Missouri Legislature passed SB 68, requiring Cardiac Emergency Response Plans (CERPs) in schools (RSMo160.482: https://revisor.mo.gov/main/OneSection.aspx?section=160.482).

1.2.7 To assist schools in meeting the requirements of the cardiac emergency plan statute, the Missouri Legislature appropriated funding to the Department of Health and Senior Services for activities and equipment that further promote Cardiac Emergency Plan preparedness.

1.2.8 Below are additional reference sources:

a. National Center for Health Statistics. Multiple Cause of Death 2018–2023 on CDC WONDER Database. Accessed February 1, 2025. https://wonder.cdc.gov/mcd.html.

b. National Emergency Medical Services Information System (NEMSIS) data interpreted by Characteristics of pediatric out-of-hospital cardiac arrest, Okubu et al 2020.

1.3 Current and/or Previous Contract Information:

1.3.1 A current contract exists for the services being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System located on the Internet at: http://oa.mo.gov/purchasing/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of that contract may also be viewed and printed from the Division of Purchasing and Awarded Bid & Contract Document Search System. Please reference the Bid number STATE PURCHASE-FY25-0223-SL or the contract number MS250223001 when searching for these documents.

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

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

1.4 RFP Questions:

1.4.1 Buyer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc., to the buyer indicated on the first page of this RFP. It is preferred that questions be emailed to the buyer.

a. Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

b. Service Disabled Veteran Enterprise and Honorably Discharged Veteran Enterprise certifications or subcontract questions should be directed to the Office of Equal Opportunity (OEO) at http://oeo.mo.gov.

1.4.2 Vendor is Responsible for Asking Questions About the RFP: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

1.4.3 Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal closing date and time of the proposals. If not received prior to ten (10) calendar days before the proposal closing date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

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

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

1.5 Amendments:

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

1.6 Glossary of Terms and Acronyms:

1.6.1 Whenever the following terms and acronyms appear in the RFP document or any amendment thereto, the definitions or meanings described below shall apply.

1.6.2 Agency Glossary, Acronyms, and Abbreviations:

a. Automated External Defibrillator (AED) - a portable electronic device used to check a person's heart rhythm and deliver an electric shock during sudden cardiac arrest.

b. Cardiac Emergency Response Plan (CERP) - a comprehensive, written document that establishes the specific steps to improve survival from sudden cardiac arrest.

c. Cardiopulmonary Resuscitation (CPR) - a combination of rescue breathing, chest compressions, and external cardiac massage used to sustain an individual's life until advanced assistance arrives.

d. Emergency services provider - any public employer, or ground or air ambulance service as those terms are used in chapter 190, that employs persons to provide firefighting, dispatching services, and emergency medical services.

e. Project ADAM (Automated Defibrillators in Adam's Memory) - a national nonprofit organization focused on education around preventing and planning to respond to cardiac arrest.

f. Project ADAM Heart Safe School Designation – recognizes schools that build strong cardiac emergency preparedness through staff training, accessible automated external defibrillators (AEDs), and practiced response plans.

g. Sudden cardiac arrest - a condition that occurs when the heart malfunctions and stops beating unexpectedly, is due to abnormal heart rhythms called arrhythmias, and is generally the result of some underlying form of heart disease.

1.6.3 General Glossary, Acronyms, and Abbreviations:

a. Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing (Purchasing). The agency is also responsible for payment, unless otherwise specified herein.

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

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

d. Buyer means the procurement staff member of Purchasing.

e. Code of State Regulation (CSR) contains the current administrative rules of executive agencies of Missouri government. The regulations are arranged by agency rather than by subject.

f. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

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

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

i. May means that a certain feature, component, or action is permissible, but not required.

j. Must means that a certain feature, component, or action is a mandatory condition.

k. Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

l. Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the vendor with the proposal prior to the specified proposal closing date and time.

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

n. Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

o. Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

p. Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work; Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the RFP); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the RFP Vendor Response Exhibits, Attachments, and Amendments of the RFP.

q. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of Purchasing.

r. Shall has the same meaning as the word must.

s. Should means that a certain feature, component and/or action is desirable but not mandatory.

t. State collectively referring to the state government and/or the agencies thereof.

u. Supplier has the same meaning as the word, vendor.

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

1.7 Accuracy of Background Information:

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

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

2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall implement a program to support and enhance school preparedness for cardiac emergencies by ensuring access to appropriate life-saving equipment, strengthening emergency response capabilities, and expanding school personnel’s knowledge of CPR, basic first aid and AED use. All services shall be performed for the Department of Health and Senior Services (herein referred to as state agency) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

2.1.2 The contractor shall provide training and technical assistance to enable schools to develop and implement a Cardiac Emergency Response Plan (CERP). The CERP shall address the deployment and use of school personnel in responding to sudden cardiac arrest or similar life‑threatening emergencies occurring on school property and shall incorporate evidence‑based core elements, including standards recommended by the American Heart Association, Project ADAM, or other nationally recognized, evidence‑based guidelines.

2.1.3 The contractor shall ensure that each school’s CERP incorporates, at a minimum, each of the following core elements:

a. Establishment of a cardiac emergency response team;

b. Activation of the team in response to a sudden cardiac arrest;

c. Implementation of AED placement and routine maintenance throughout the school campus;

d. Dissemination of the plan throughout the school campus;

e. Maintenance of ongoing staff training in CPR and AED use;

f. Practice of the cardiac emergency response plan using drills annually;

g. Integration of the plan into the local emergency services providers' protocols;

h. Both annual and continuous reviews and evaluations of the plan; and

i. Registration of AEDs to a registry maintained by the Missouri 911 service board.

j. Appropriate AED placement shall be dictated by the cardiac emergency response plan and in accordance with guidelines set by the American Heart Association or nationally recognized guidelines focused on emergency cardiovascular care. An AED should be identified with appropriate signage and be on-site or placed and made available in an unlocked location on school property.

k. For schools with an athletic department or organized school athletic program, an AED shall be clearly marked and easily accessible in an unlocked location at each school athletic venue and event. The AED shall be accessible during the school day and any school-sponsored athletic event or team practice in which pupils of the school are participating. To the extent possible, the governing body of a public school shall make the best effort to ensure that the AED placement as described in this subsection is accessible within three minutes of cardiac arrest.

l. Appropriate school personnel shall be certified in first aid, CPR, and AED use that follow evidence-based guidelines set forth by the American Heart Association or nationally recognized guidelines focused on emergency cardiovascular care. The school personnel required to be certified shall be determined by the cardiac emergency response plan and shall include, but not be limited to, athletics coaches, school nurses, and athletic trainers.

2.1.4 The contractor shall use Project Adam Heart Safe School (https://www.projectadam.com/Heart-safe-schools) and/or the American Heart Association’s CERP (https://cpr.heart.org/en/training-programs/cardiac-emergency-response-plan-cerp) tools, templates and protocols to create, implement, and evaluate CERPs.

2.1.5 The contractor shall assist schools in coordinating directly with local Emergency Medical Services (EMS) agencies that would respond to a cardiac emergency.

2.1.6 The contractor shall provide basic first aid, CPR, and AED use training to school personnel in accordance with standards set by the American Heart Association, the American Red Cross, or another nationally recognized certifying organization.

2.1.7 The contractor may provide schools with AEDs and AED maintenance services, replacement pads, batteries and readiness checks.

2.1.8 The contractor shall ensure that any school receiving AEDs, CPR, or first aid training, technical assistance, equipment, or maintenance support has a current CERP.

2.1.9 The contractor shall provide technical assistance to schools interested in achieving Project ADAM Heart Safe School Designation.

2.1.10 The contractor shall have or be working towards a commercial nicotine-free grounds policy prohibiting the use of all tobacco products, including e-cigarettes, in any indoor facilities and anywhere on grounds in outdoor spaces under the contractor’s control.

a. If the contractor has no policy, the contractor must indicate that they plan to work towards adopting one during the contract agreement period. An example policy toolkit, the Missouri Tobacco Free Workplace Toolkit can be found at: https://www.mo-lpha.com/_files/ugd/9bd019_79fd443a113545ee8b32207c4e2daa9f.pdf. Dimensions: Tobacco-Free Policy Toolkit, can be found at https://www.bhwellness.org/resources/toolkits/Tobacco-Free%20Policy%20Toolkit-web%20v.2.pdf. Supplements for priority populations can be found at https://www.bhwellness.org/ under the resources, toolkit tab.

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

2.2 Minimum Experience Requirements:

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

a. Be a member of the Association of Emergency Medical Services (EMS) Professionals in Missouri as verified through the State Advisory Council.

b. Have a minimum of two (2) years of documented experience providing training or technical assistance to schools in emergency response preparedness, including support for developing or implementing cardiac emergency response protocols or comparable emergency preparedness plans.

c. Have a minimum of two (2) years of experience providing CPR, AED, or first aid training that adheres to evidence‑based guidelines established by the American Heart Association, American Red Cross, or other nationally recognized emergency cardiovascular care standards.

d. Have a minimum of two (2) years of experience coordinating with local emergency services providers, including EMS, fire, or public safety agencies, to integrate school‑based emergency response plans with community emergency protocols.

e. Have a minimum of two (2) years of experience conducting emergency preparedness drills, exercises, or simulations within school environments or similar public‑facing facilities.

f. Have a minimum of two (2) years of experience managing or distributing life‑saving equipment, including AEDs, and supporting organizations in meeting maintenance, registration, or placement standards required by state or national guidelines.

g. Have a minimum of three (3) years of experience in budget management and administration, including the ability to establish financial procedures and to track, monitor, and report expenditures in accordance with state requirements.

2.3 Personnel Qualifications:

2.3.1 The contractor shall include the following personnel to administer and perform the contract requirements:

a. Project Manager: – The contractor shall designate a project manager who shall be responsible for managing the planning, implementation, monitoring, and reporting of the contract deliverables and shall be familiar with the contractual requirements. The project manager shall serve as the contractor’s contact and shall be the liaison between the contractor and the state agency. By no later than five (5) state business days after authorization by the state agency to proceed with services, the contractor shall provide the state agency with the name, address, email address, and telephone number of the contractor’s project manager.

1) The project manager shall have relevant certifications or professional qualifications in emergency medical response, AED program management, and CPR instruction.

2) The project manager shall have two years of experience providing CPR, AED, or first aid training that adheres to evidence‑based guidelines established by the American Heart Association or other nationally recognized emergency cardiovascular care standards.

3) Should have two (2) years of experience in providing technical assistance to educational institutions or public agencies, including support for policy development, procedural documentation, emergency equipment placement, and program implementation.

4) Shall have two (2) years of experience with managing the planning, implementation, and monitoring of contracts or grants.

b. Working Team – The contractor’s working team must minimally consist of enough personnel to sufficiently meet the requirements of the services required herein to ensure the success of the school cardiac emergency response plan preparedness program.

2.3.2 The contractor shall notify the state agency via email within forty-eight (48) hours of any substitution of personnel changes as stated herein.

2.3.3 The contractor shall understand and agree that the state agency reserves the right to request any of the contractor’s personnel assigned to provide the services be removed without just cause. The contractor shall understand and agree that the state agency will allow the contractor a reasonable time to find a replacement. The state agency shall approve all replacement personnel. The state agency reserves the right to require background checks and non-disclosure agreements (NDA) of selected contractor personnel, at the contractor’s expense.

2.4 Reporting, Meetings, and Record Keeping Requirements:

2.4.1 Meetings: The contractor shall meet at least monthly, and as needed or requested, with the state agency to report on the progress of meeting the contract deliverables. The state agency will coordinate the monthly meetings, which may be conducted in person, by phone, or online at a time that is agreeable to both parties.

2.4.2 The contractor shall submit monthly program and quarterly fiscal progress reports using the state agency-provided templates.

a. Monthly program reports shall provide activity updates and work plan progress; challenges experienced and efforts to overcome them; and strategies taken or planned to address the challenges. Monthly program reports for activities conducted for the prior month are due on the last day of the month. The reports shall also include the following performance metrics:

1) Number and name of schools that have agreements in place for the Cardiac Emergency Response Plan program;

2) Number of AEDs purchased, installed, and actively maintained;

3) Number of schools newly equipped with AEDs;

4) Percent of AEDs receiving documented routine maintenance;

5) Number of individuals trained in CPR/AED use;

6) Number of individuals trained in basic first aid;

7) Number of CPR training sessions conducted;

8) Number of schools receiving technical assistance to create or update their CERP;

9) Number of schools receiving Project ADAM Heart Safe School Designation;

10) Number and percent of schools with completed CERPs;

11) Improvements in completeness or quality of CERPs (if assessed);

12) Increase in readiness assessments or emergency response plans among schools receiving assistance; and

13) Improvements in confidence or knowledge among trained participants.

b. Fiscal reports shall include supporting documentation for all expenses incurred. Quarterly fiscal reports for expenses incurred for the prior quarter are due on the last day of the month following the quarter.

1) These reports shall include a budget balance sheet, payroll, accounting records, invoices, and receipts for the previous quarter.

2.4.3 Annual Performance Report: The contractor shall submit an annual performance report to the state agency within thirty (30) calendar days after the end of the contract year. The report shall include:

a. Summary of progress to date on implementing contract deliverables;

b. Successes describing progress on completing activities, as well as any additional successes (e.g., identified through evaluation results or lessons learned) achieved in the past years; and

c. Challenges that affected the contractor’s ability to achieve annual and project period outcomes, gather data, and complete contract deliverables and any additional challenges, strategies implemented to overcome the challenges, and lessons learned in the past year.

2.4.4 Final Report: The contractor shall complete and submit the final report to the state agency by forty-five (45) calendar days after the contract period ends. The final report shall include:

a. The performance measures (including outcomes) and reach numbers.

b. Impact/results, including a description of the effects or results of the work completed over the project period.

c. Summary of success challenges and lessons learned.

2.4.5 Retention of Records and Documents: Unless specified in writing as a shorter period of time, the contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of five (5) years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for five (5) years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the state agency. During the post contract period delivery and access to these items shall be at no cost to the state agency.

2.4.6 Records: The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with accepted standard accounting principles or International Financial Reporting Standards (IFRS).

2.4.7 Once annually, or otherwise as reasonably required by the state, the contractor shall make all such records, books, and other documents relevant to the contract available to the state, its designees, and the Missouri State Auditor in a commercially reasonable format acceptable to the state at all reasonable times during the term of the contract and for three (3) years after the cancellation, expiration, or termination of the contract or for any longer period of time required by law. The state will provide a minimum of fourteen (14) calendar days’ notice and will coordinate with the contractor regarding the scope of the audit.

2.4.8 The contractor shall permit the Missouri State Auditor’s Office, federal auditors and authorized representatives of the State of Missouri to perform an independent audit or examine, copy, or investigate any of the contractor’s records, procedures, books, documents, papers, and records recording receipts and disbursements of any of the funds paid to the contractor only for services performed under the contract. Failure to retain adequate documentation for any service billed may result in recovery of payments for services not adequately documented. Any audit exception noted by auditors shall not be paid by the state and shall be the sole responsibility of the contractor. However, the contractor may contest any such exception by any legal procedure.

2.4.9 The state shall not designate any individual, entity, or firm to conduct the audit that is a competitor of the contractor. Any audit conducted or records reviewed under this provision shall be limited to services provided to State of Missouri and shall not require the contractor to disclose information pertaining to any other customer or client of the contractor.

2.4.10 The services required herein are not intended to be an audit, examination, attestation, special report or agreed-upon procedures engagements as those services are defined in the American Institute of Certified Public Accounts (AICPA) literature applicable to such engagements conducted by independent auditors. Accordingly, these services shall not result in the issuance of a written communication to third parties by the contractor directly reporting on financial data or internal control or expressing a conclusion or any other form of assurance. The contractor shall maintain a copy of the work products for documentation purposes for the AICPA.

2.4.11 Budget/Price Analysis: After contract award, the contractor must provide a budget or price analysis for each of the firm, fixed prices identified on Exhibit C, Pricing Page. The budget/price analysis must reflect the contractor’s breakdown of the quoted price and should be shown in sufficient detail to demonstrate those factors affecting the price such as staffing patterns and proposed hours, etc. The budget or price analysis must be in a format mutually agreed to by the contractor and state agency.

2.4.12 Publicity: Any publicity release mentioning contract activities shall reference the contract number and the state agency. Any publications, including audiovisual items produced with contract funds, shall give credit to the contract and the state agency. The contractor shall obtain approval from the state agency prior to the release of such publicity or publications.

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

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

b. Requiring additional, more detailed financial reports or other documentation;

c. Additional contract monitoring;

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

e. Establishing additional prior approvals from the state agency.

2.5 Financial Records and Document Retention:

2.5.1 The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with generally accepted accounting principles.

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

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

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

2.6 Electronic Funds Transfer, Invoicing, and Payment Requirement:

2.6.1 Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through EFT. Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

2.6.2 Invoicing: The contractor shall submit invoices monthly. Invoices shall be due by the last day of the month following the month in which the contractor provided services under the contract. The contractor shall perform the services prior to invoicing the state agency. The contractor shall submit the final itemized invoice by June 9th. The state agency shall have no obligation to pay any invoice submitted after the due date.

a. The contractor shall invoice the state agency on the contractor’s original descriptive business invoice form or the DHSS-provided invoice form and submit the invoice electronically to the address on the front page of this document / the following address:

Department of Health and Senior Services 930 Wildwood Dr.

Jefferson City, MO 65109 SHS@health.mo.gov

b. The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

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

d. The contractor shall include the following certification statement on any invoice submitted to the Department:

e. “I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812.”

f. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

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

2.6.3 Payment:

a. Payments are due upon receipt of a valid invoice, payable in thirty (30) calendar days. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo.

b. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.

c. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

2.6.4 Budget and Allowable Costs:

a. The state agency will reimburse the contractor for an amount not to exceed the total contract amount for only the allowable costs in the following budget categories: Personnel, Media Placement and other.

b. The state agency reserves the right to allocate or reduce contract funds at any time during the contract period due to underutilization of contract funds or changes in the availability of program funds. The state agency will provide the contractor with thirty (30) days prior written notification of any reallocation.

c. The contractor shall maintain records for salary and wages charged under the contract that accurately reflect the work performed.

d. The contractor shall submit to the state agency the budget for the renewal period one-hundred and twenty (120) days prior to the end of the contract period.

e. The contractor shall not charge the state for the following expenses:

1) Costs not directly related to the contract;

2) Alcohol, tobacco, gifts, food, beverages, or parties;

3) Capital improvements or alterations;

4) Cost incurred prior to the contract start;

5) Supplanting existing funds from other sources for the same purpose, including from local, state, or federal resources.

6) Foreign travel.

7) Ongoing costs of a program;

8) Taxes, except taxes on goods and services;

9) Lobbyist, political contributions and fundraising; and

10) Bad debts, late payment fees, financial charges, or contingency funds.

2.6.5 Inspection and Acceptance Specifications: For purposes of acceptance, no equipment, supplies, and/or services received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said equipment, supplies, and/or services.

2.6.6 All equipment, supplies, and/or services which do not comply with the specifications and/or requirements, or which are otherwise unacceptable or defective may be rejected by the state. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

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

2.6.8 The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

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

2.6.10 If the contractor is overpaid by the state agency the contractor, upon notification by the state agency, shall provide the state agency (1) with a check payable as instructed by the state agency or (2) deduct the overpayment from the invoice(s) as requested by the state agency.

2.6.11 The total payments and reimbursements to the contractor for all services and expenses shall not exceed the guaranteed not to exceed total price stated on the Exhibit C, Pricing Pages.

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

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

3. TERMS AND CONDITIONS SECTION

3.1 Applicable Laws and Regulations:

3.1.1 The contract shall be construed according to the laws of the State of Missouri. The contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and Purchasing.

3.2 Non-Discrimination and Affirmative Action:

3.2.1 The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

3.3 Americans with Disabilities Act:

3.3.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 12101, et seq.

3.4 Anti-Discrimination Against Israel Act Contractor Requirements:

3.4.1 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

3.4.2 If during the life of the contract, the contractor’s business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the Division of Purchasing an updated Exhibit L, Anti-Discrimination Against Israel Act Certification.

3.5 Authorized Personnel/E-Verify:

3.5.1 For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

3.5.2 Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for 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 enroll and participate in the E-Verify program.

3.5.3 The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

3.5.4 The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

3.6 Business Registration:

3.6.1 The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

3.7 Data Breach:

3.7.1 If a data breach impacting the State of Missouri’s data requires the state to comply with section 407.1500, RSMo, the contractor shall assist the state by providing to the state any requested information held by the contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

3.8 Elected or Appointed Officials and Employees:

3.8.1 Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

3.9 Indemnification:

3.9.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

3.10 Legal Proceedings:

3.10.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the RFP or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

3.10.2 The contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

3.10.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The state may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the state.

3.11 Negotiations:

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

3.12 Invoicing and Payment:

3.12.1 Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.

3.13 Non-Appropriation of Funds:

3.13.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year…