State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Natural Gas Transportation

and Various Agencies

PROPOSAL DUE NO LATER THAN: MAY 7, 2026 AT 2:00 PM CT

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: Jennie Rees

PHONE NO.: (573) 751-6442

EMAIL: Jennie.Rees@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:

Locations identified herein for:

Department of Corrections, Missouri National Guard, and Department of Mental Health

ATTENTION:

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

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

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

RFP Organization:

RFP Vendor Response Exhibits (Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

RFP Attachments

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

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

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision natural gas transportation services (i.e. natural gas procurement, transportation management, and local distribution management) as set forth herein for the Department of Corrections (DOC), Missouri National Guard (MONG), and Department of Mental Health (DMH) (hereinafter referred to as “state agency”).

Minimum Experience Qualifications: There are minimum experience qualifications in the RFP (See Section 2.2.1, Minimum Experience Requirements in Section 2: Scope of Work).

The state recognizes that the state does not accrue a vested right to any unproduced gas reserves by virtue of the state’s purchases of gas production made available to the state by the contractor.

The state and contractor understand and hereby agree that the purchase and sale of natural gas volumes under the terms of the contract are made pursuant to applicable federal, state and/or local municipality statute and/or regulations.

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

Background and Historical Usage Information:

Attachment 1, Usage History from July 2025 through January 2026 represents background information and historical information from the current contract (MC250286001) from July 2025 through January 2026 purchased by the Department of Corrections and various agencies. The usage data is provided for informational purposes only and includes all delivery locations listed in paragraph 2.1.3. These figures shall not be construed as a guarantee about volume of purchases to be made under the new contract.

Current and/or Previous Contract Information:

A current contract exists for the products and/or services being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of the contract may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the bid number STATE PURCHASE-FY25-0286-SL or the contract number MC250286001 when searching for these documents.

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

https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm and https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm#disclaimer.

Then search by the contract numbers shown above when searching for the financial information.

RFP Questions:

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

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.

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

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

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

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

Amendments:

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

Glossary of Terms and Acronyms:

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

General Glossary, Acronyms, and Abbreviations:

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 end 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 end date and time.

m. Proposal End 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.

Technical Acronyms and Abbreviations:

Accuracy of Background Information:

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

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

SCOPE OF WORK SECTION

General Requirements:

The contractor shall provide natural gas transportation services for DOC, MONG, and DMH in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor shall provide natural gas and natural gas transportation services, including management of those services, upon request, to all of the following locations listed below. All services for agencies shall be coordinated by the contractor for each designated facility.

Vandalia, MO 63382

Missouri National Guard 2300 Militia Dr.

Jefferson City, MO 65101

If required by the contractor, each state agency and/or governmental entity may be subject to establishing individual credit approvals by the contractor prior to the utilization of the contract.

The contractor shall provide a non-interrupted supply in the specified fixed volume of natural gas designated to the location specified by the agency in the purchase order subject to the terms and conditions of the contract unless the contractor is unable to logistically provide non-interrupted supply. If the contractor cannot logistically offer non-interrupted gas, the contractor must provide justification for offering interruptible gas and may offer interruptible gas supply as an alternative. The Division of Purchasing reserves the right to award interruptible gas upon approval of the justification provided and in situations where non-interrupted gas is unavailable.

The contractor shall perform all services in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor shall provide services on an as needed, if needed basis. The State of Missouri does not guarantee any usage of the contract whatsoever. However, any state agency listed herein and needing the services shall be required to use the contract unless an exemption is granted by the Division of Purchasing. In addition, the contractor shall agree and understand that the contract shall not be construed as an exclusive arrangement and if it is in the best interest of the State of Missouri and approved by the Division of Purchasing, a state agency may obtain alternate services elsewhere.

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

Minimum Experience Requirements:

It is highly desirable that the contractor has provided direct services relative to the requirements of providing natural gas transportation included herein for a minimum of five (5) years.

Team/Personnel Qualifications:

The contractor shall include the following team members/personnel to administer and perform the contract requirements:

Single Point of Contact:

The single point of contact should have at least five (5) years of experience.

The single point of contact shall represent the contractor and communicate with the state agency regularly as it relates to customer accounts, orders, deliveries, imbalances, nominated volumes, etc.

The single point of contact shall partner with the Expert Advisor defined below to ensure state agencies are always up to date with any information required to maintain the contract successfully.

Expert Advisor:

The expert advisor should have at least five (5) years of experience.

The expert advisor shall be knowledgeable in all areas of natural gas and provide input to the contractor whenever issues should arise with the availability of natural gas.

The expert advisor shall maintain the knowledge necessary to properly calculate nominated volumes per location to ensure imbalances are as minimal as possible.

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.

Management Services:

The contractor shall organize monthly nominations from each state agency location participating in the contract and submit the nominations on behalf of said state agency location to both the applicable pipeline and the LDC.

a. The contractor shall provide response to any mid-month change in requirements for any facility.

b. The contractor shall provide tracking of pipeline and utility imbalances and procedures to correct them.

c. The contractor shall reconcile statements showing consumption of each state agency location, where any pipeline and utility imbalances exist, all transportation and fuel charges, and a summary of savings attributable to the transportation of natural gas purchased by the state.

d. The contractor shall set up and provide transportation service on each pipeline serving the different agency locations.

Natural Gas Supply/Reserves:

0. So long as the state has requirements for natural gas, present or future, at its facility during the term of the contract, and the contractor is able to supply the state’s natural gas requirements, the state shall purchase natural gas only from the contractor for the duration of the contract. The state shall not be prohibited from arranging back-up or stand-by supplies of natural gas from other sources.

Throughout the term of the contract, the state may acquire and hold limited pipeline capacity and reserves the right of capacity release to a party other than the contractor. The state reserves the right to consolidate transportation requirements. Released capacity shall be subject to recall.

LDC’s and Municipal Utilities: The contractor’s transport network shall include only those Local Distribution Companies (LDC’s) and associated institutions that assess natural gas and associated rates governed by the Missouri Public Service Commission. Municipal utilities may be included at the request of the state agency. The contractor shall coordinate with said state agency regarding inclusion of municipal utilities into the contractor’s transport network.

Estimated Quantities: The quantities indicated in this RFP are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

Operational Flow Orders:

In the event an Operational Flow Order (OFO) is necessary, the contractor shall be responsible for notifying the agency of the OFO immediately via phone call and email within the calendar day the OFO was implemented. The contractor shall be responsible for any imbalances (i.e., overages and deficits) during the accounting period in which the contractor failed to notify the state agency of the implemented OFO within the required timeframe.

Both parties (i.e. contractor and state agency) shall understand and agree that OFOs may require one or both parties to buy or sell gas quantities in the then-current market conditions, which may be appreciably higher or lower than the original pricing.

If an OFO restricts nominations from a Transporter, the contractor may (but is not required to) increase or decrease nominations, as appropriate, to avoid penalties. In the event the contractor decides to increase or decrease nominations, the contractor must notify the state agency immediately.

Performance Requirements:

Guidelines, Rules and Regulations: The natural gas provided to state agencies shall be measured at the burnertip by a meter or other measuring device approved by the state. Pipeline and utility rules, guidelines, and policies, including tariff regulations shall define and set forth, among other things, the unit of measurement specifications, quality, heating value, testing specifications and delivery terms and specifications of the natural gas to be delivered to the state. All such definitions, specifications, procedures and terms, and all other terms and provisions of the pipeline relating to the delivery of natural gas shall hereby be expressly incorporated into the agreement by reference and shall be applicable to and binding upon the contractor and the state and shall apply to the natural gas sold by the contractor to the state. The contractor must notify the state of any changes to said utility rules, guidelines, and policies, including tariff regulations, and any changes thereto shall be incorporated into the contract by formal contract amendment, conducted by the Division of Purchasing.

Transportation Agreements: It is expressly agreed that the delivery of gas by the contractor shall be subject to available pipeline capacities and Transportation Agreement(s) with third party transporter pipelines (herein referred to as “Transporter[s]”) that are necessary for delivery of said gas to the agency locations. The contractor is advised that any terms and conditions indicated in a third-party agreement shall not supersede the terms of the awarded contract. In the event of conflict between the contract and a third-party agreement, the awarded contract terms and conditions shall govern.

Gas delivered and taken hereunder during any day shall be delivered and taken at as nearly a constant rate as operating conditions shall permit. The parties shall give each other as much notice as is practical in case they desire to materially increase or decrease the amount of gas they are delivering or taking for one day or more.

Both the contractor and the state shall agree to immediately notify the other party when gas is not available due to force majeure causes. Such notice shall be by telephone and confirmed in writing via email within five (5) days unless the force majeure cause limits this capability. During the force majeure event, the gas sold/purchased shall be delivered and received at as uniform a daily rate as operationally feasible.

Delivery Point, Ownership and Control: The final delivery point(s) for natural gas sold hereunder shall be at the burnertip for the identified agency location on the contractor’s and/or the contractor’s supplier’s natural gas transportation pipeline systems.

The contractor must deliver gas to the citygate and the citygate will transport the gas from that point to the burnertip.

Title to all natural gas hereunder shall pass from the contractor to the state at the applicable citygate.

The contractor shall warrant that the title to all gas delivered to the state, at the citygate, hereunder is free from liens and adverse claims and agrees to save the state harmless against all suits, debts, damages, costs and expenses arising from every claim of any person against the delivered gas.

Quantities to be Sold and Delivered: With the exception of properly communicated and enforced Operational Flow Orders (OFOs), subject to the terms and conditions herein, the contractor shall agree to tender for sale and the state agrees to pay the contractor for the quantity of gas actually used for the monthly accounting period. The contractor shall be responsible for making daily nominations on the state’s behalf and shall reconcile imbalances according to paragraph 2.7.8 herein. In addition, the contractor shall coordinate with the state in such a manner as to reduce the occurrence of imbalances (i.e., overages and deficits) during the accounting period and/or the next accounting period.

Nominated Volume: The contractor shall be responsible for nominating gas volumes for the state agencies for FTS. The contractor shall use every means available on each respective pipeline to correct and maintain the balance of the nominations and shall be required to track, record, and report the initial and corrections to the daily nominations for each site. The state agency will provide the contractor with historical use information that will allow the contractor to make accurate nominations for the state agency facility (See Attachment 1). It shall be the contractor’s responsibility to clarify any use information supplied by the agencies. The state agencies shall cooperate with the contractor in providing this information. The contractor must understand that the state agency is not obligated to purchase the quantities listed in the historical use information.

Imbalances: The state understands that transportation arrangements with one or more pipelines may be utilized to cause the physical delivery of the Accounting Period Nominations from the delivery point(s) to the burnertip. If either the contractor fails to deliver and/or the agency fails to receive the current accounting period nomination, the defaulting party shall be responsible for the transportation imbalance charge imposed by the transporting pipeline(s).

a. The contractor shall not be responsible for imbalances that have occurred as a result of the improper transport between the citygate and the burnertip.

State Agency Obligations:

Taxes and Tariffs: The state will pay any taxes for natural gas purchased or natural gas delivered for which the state is not exempt. Any applicable tariffs for which the State of Missouri is not exempt shall also be paid by the state. The contractor shall notify the state of any changes to tariffs in a timely manner along with proof of such tariff change.

Reporting Requirements:

0. Monthly Purchaser Nomination Notice: Within fourteen (14) business days of the end of the billing cycle the contractor shall provide the state agency with a monthly nomination notice per location that includes the imbalances for the previous month used to calculate the nominations for the upcoming month. See Attachment 2, Sample Monthly Nomination Usage Report.

Final Usage Report: Within sixty (60) business days of contract expiration the contractor shall provide the state agency with the following:

a. One (1) electronic Final Usage Report including twelve (12) months of all usage purchased under the contract period. The Final Usage Report shall be provided to each contact that represents the state agencies utilizing the contract, including the buyer of record listed herein.

Financial Records and Document Retention:

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

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

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.

Electronic Funds Transfer, Invoicing, and Payment Requirements:

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

Invoicing: For the first accounting period, e.g., month, in which actual deliveries occur, the contractor shall provide an invoice to the state agency by the 25th of the month following the initial month’s deliveries. The invoice must state the total MMBTU’s of natural gas sold hereunder during the initial accounting period based on the actual gas usage. Within approximately thirty (30) days from the date of receipt of such invoice, the state will make payment to the contractor for the initial accounting period.

On or before the 25th day of each subsequent accounting period, e.g., month, the contractor shall submit an invoice to the state stating the total MMBTU’s of natural gas sold hereunder during the prior month’s accounting period based on the agency’s applicable natural gas usage adjusted for the difference between the preceding accounting period. Within thirty (30) days of the state’s receipt of each invoice, the state shall pay the contractor for the total amount of natural gas billed hereunder. All statements, invoices and payments shall be subject to correction of any errors contained therein for a period of three (3) years following their respective date of origin.

The contractor shall indicate the LDC billing on the contractor’s invoice as a separate line based on the amount billed to the contractor that month. The contractor shall bear responsibility for paying the LDC on the state’s behalf. The contractor must pass through the LDC payment on a penny for penny basis to the state agency on the contractor’s monthly invoice.

As reimbursement for the consolidated LDC billing process, the contractor shall state the “LDC payment and pass-through fee” per MMBTU, as priced on Exhibit C, Pricing Page, on the contractor’s monthly invoice.

The contractor shall provide the state agency with itemized LDC billing detail from the consolidated bill upon the state agency’s request.

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 vendor registration.

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 vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.

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

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

The contractor shall invoice the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the address on the front page of the purchase order.

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.

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.

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

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

Payment:

Payments are due upon receipt of a valid invoice, payable in 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.

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

In the event the state elects to utilize the contractor’s or the contractor’s agent’s pipeline transportation service, the state hereby agrees to reimburse the contractor for all transportation charges associated with such pipeline transportation service.

The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at:

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

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

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

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

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

TERMS AND CONDITIONS SECTION

Applicable Laws and Regulations:

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

Non-Discrimination and Affirmative Action:

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

Americans with Disabilities Act:

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

Anti-Discrimination Against Israel Act Contractor Requirements:

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

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

Authorized Personnel/E-Verify:

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.

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.

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

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

Business Registration:

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

Data Breach:

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

Elected or Appointed Officials and Employees:

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

Hazard Communication Safety Data Sheets and Labeling Requirements:

The State of Missouri, Division of Purchasing, in accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the State of Missouri be labeled with warning labels, and either contain a safety data sheet with each shipment, or the contractor otherwise shall make available a safety data sheet specific to the product available for downloading from the internet. The contractor shall ensure that the state agency is informed about where to find safety data sheets for products under contract. Safety data sheet information must be compliant with OSHA’s Hazard Communication Standard. Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor’s Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor’s Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.

Indemnification:

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

Legal Proceedings:

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

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

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

Negotiations:

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

Federal Funds Requirements:

The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment 3, Federal Funds Requirements or other requirements identified by the federal government.

Invoicing and Payment:

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

Non-Appropriation of Funds:

The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

Work Outside the United States:

Unless work outside the United States is prohibited by the RFP, any work performed outside of the United States for the contract must comply with Executive Order 04-09.

Open Records:

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

Prison Rape Elimination Act (PREA) Requirements:

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

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

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

The contractor must obtain written approval from the state agency’s Director of the Division of Adult Institutions for any contractor personnel and agents under active federal or state felony or misdemeanor supervision, and contractor personnel and agents with prior felony convictions but not under active supervision, prior to such personnel and agents performing contractual services.

The contractor and the contractor’s personnel and agents shall at all times observe and comply with all applicable state statutes, state agency rules, regulations, guidelines, internal management policy and procedures, and general orders of the state agency that are applicable, regarding operations and activities in and about all state agency property. Furthermore, the contractor and the contractor’s personnel and agents shall not obstruct the state agency nor any of its designated officials from performing their duties in response to court orders or in the maintenance of a secure and safe correctional environment.