STATE 0000000438SL,1 - Fish Feed - MDC.docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Fish Feed - MDC

PROPOSAL DUE NO LATER THAN: July 17, 2026 AT 2:00 PM CENTRAL TIME Proposal response must be submitted electronically through MissouriBUYS at https://missouribuys.mo.gov.

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

RFP CONTACT INFORMATION:

BUYER: Tammy Havalias PHONE NO.: (573) 751-6108 E -MAIL: tammy.havalias@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:

Missouri Department of Conservation Various Locations throughout the State of Missouri

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 in a “Pending” or “Approved” registration status to submit a proposal. The vendor must achieve “Approved” registration status in MissouriBUYS to be considered for a contract award. Reference Section 5.

AMENDMENT 1 to STATE 0000000438SL

TITLE: Fish Feed - MDC

CONTRACT PERIOD: Date of Award through one-year

PLEASE BE ADVISED OF THE FOLLOWING CHANGES AND CLARIFICATIONS:

The change below is presented in bold and italics on the third page of the RFP document.

1. The CLOSING DATE has been REVISED to state the following:

Please Note: Vendors must complete the signature page of this document and include with your proposal. In addition, you must acknowledge the amendment in MissouriBuys.

Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Fish Feed - MDC Amendment 01

Revised per Amendment 01

PROPOSAL DUE NO LATER THAN: July 17, 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: Tammy Havalias

PHONE NO.: (573) 751-6108

EMAIL: tammy.havalias@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:

Missouri Department of Conservation Various Fish Hatcheries throughout the

ATTENTION:

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

5. 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.

6. 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

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of Fish Feed for various fish hatcheries located throughout the State of Missouri as set forth herein for the Missouri Department of Conservation (MDC) (hereinafter referred to as “state agency”).

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:

The Missouri Department of Conservation is seeking procurement of fish feed for various fish hatcheries located throughout the State of Missouri, including: Montauk Fish Hatchery, Roaring River Fish Hatchery, Bennett Springs Fish Hatchery, Meramec Spring Fish Hatchery, Shepherd of the Hills Fish Hatchery, Lost Valley Fish Hatchery, Chesapeake Fish Hatchery, Blind Pony Fish Hatchery, and Hunnewell Fish Hatchery. The Missouri Department of Conservation purchases approximately two (2) million pounds of fish food annually.

Historical usage information:

Current and/or Previous Contract Information:

A current and previous contract exist for the products and/or services being obtained via this RFP. A copy of the contracts 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 contracts may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid numbers RFPC30034902303001 and RFPC30034902401799 or the contract numbers CC231063001, CC241799001 and CC241799002 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.

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:

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.

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

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.

Buyer means the procurement staff member of Purchasing.

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.

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

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.

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.

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

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

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.

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.

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

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.

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

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.

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.

Shall has the same meaning as the word must.

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

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

Supplier has the same meaning as the word, vendor.

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.

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 fish feed for various fish hatcheries located throughout the State of Missouri for the Department of Conservation (MDC) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

The contractor shall serve as either the primary, secondary or tertiary contractor for the fish feed if accepted and specified in the Notice of Award issued by the Division of Purchasing.

The state agency shall contact the primary contractor first for their fish feed needs. In the event the primary contractor is unable to provide the product(s) needed, the secondary then the tertiary contractor shall be used to fulfill the needs of the state agency.

The contractor shall either provide the services directly or shall provide a person/personnel who must comply with the requirements stated herein. Therefore, references to “the contractor” throughout this document shall also be deemed to include the person/personnel provided by the contractor.

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

Product/Technical Requirements:

0. The contractor shall provide fish feed for the following fish hatcheries for the Missouri Department of Conservation.

Montauk Fish Hatchery Rte. 5, Box 28 Salem, MO 65560

Lost Valley Fish Hatchery 28232 Hatchery Avenue Warsaw, MO 65355

Roaring River Fish Hatchery 24390 Farm Rd 1135 Cassville, MO 65625

Chesapeake Fish Hatchery 21186 Hwy 174 Mt. Vernon, MO 65712

Bennett Springs Fish Hatchery 26142 Hwy 64A Lebanon MO 65536

Blind Pony Fish Hatchery 16285 BP Hatchery Dr Sweet Springs MO 65351

Meramec Spring Fish Hatchery 21304 Meramec Spring Dr St. James MO 65559

Hunnewell Fish Hatchery 6503 Hwy Z Hunnewell MO 63443

Shepherd of the Hills Fish Hatchery 633 Hatchery Rd Branson, MO 65616

0.0.1 The contractor shall provide cold water fish feed that must be proven low temperature extruded/expanded (slow sinking) and high temperature extruded/expanded (floating) fish feed. Cold water fish feed must be fish feed which has been used on a production basis for a period not less than one (1) year at the U.S. Fish and Wildlife Service National Fish Hatcheries or state agency trout hatcheries. The provision of fish feed must meet the complete nutritional requirements identified herein without the necessity of supplemental feedings.

0.0.2 The fish feed must be milled not more than sixty (60) calendar days prior to delivery and must contain vitamin and trace mineral supplements in amounts equal to or greater than industry standards for closed formula feeds. The contractor must provide the manufacturer’s best quality feed. Closed formula feed shall contain the following guaranteed analysis:

a. Cold Water Fry Diet No. 0 (Starter Mash), No. 1, and No. 2 granules:

Crude Protein – not less than 52% (+/- 2%) Crude Fat – not less than 15% (+/- 1%) Crude Fiber – not more than 3% Ash – not more than 15% Fish Protein not less than 35% Fish meal must contain no more than 5% salt Pepsin Digestibility by 0.2% Pepsin – not less than 92%

b. Cold Water Fingerling Diet No. 3, 1.5mm, and 2.5mm:

Crude Protein – not less than 45% Crude Fat – not less than 15% (+/- 3%) Crude Fiber – not more than 4% Ash – not more than 15% Fish Protein not less than 30% Fish meal must contain no more than 5% salt Pepsin Digestibility by 0.2% Pepsin – not less than 90

c. Cold Water Production Diet 3.5mm, 4.5mm and 5.5mm Crude Protein – not less than 42% Crude Fat – not less than 13% (+/- 1%) Crude Fiber – not more than 4% Ash – not more than 15% Fish Protein not less than 30% Fish meal must contain no more than 5% salt Pepsin Digestibility by 0.2% Pepsin – not less than 87%

d. Cold Water Broodstock Diet No. 7.5mm, and 9.5 mm :

Crude Protein – not less than 45% Crude Fat – not less than 10%, not more than 15% Crude Fiber – not more than 5% Ash – not more than 15% Fish Protein not less than 20% Fish meal must contain no more than 5% salt Pepsin Digestibility by 0.2% Pepsin – not less than 87%

e. Cold Water Medicated Feed:

Drugs used in the production of medicated feed must be registered for fish culture use by the U.S. Food and Drug Administration (FDA). Approved sources for the drugs are:

2) Florfenicol Merck Animal Health (Aquaflor for fish) Madison, NJ

0.0.3 Fish Feed Manufacturing Plant and Methods

The contractor’s fish feed manufacturing plant, equipment and manufacturing procedures must comply with the Food and Drug Administration's “Good Manufacturing Practices,” prepared by Robert A. Wilcox, Grain Science and Industry, Kansas State University, Manhattan, Kansas.

The dust content of granules and pellets shall not exceed 4% at the specified delivery point. Dust shall be defined as particles that would pass through a U.S. Screen Size #30 (595 microns) for granules, and a U.S. Screen Size #10 (2.00 mm) for pellets.

Pellets: The feed provided by the contractor must meet the following standard pellet sizes:

1) 1/16” diameter x 1/16” long or 1.5 mm by 1.5 mm

2) 3/32” diameter x 3/32” long or 2.5 mm by 2.5 mm

3) 1/8” diameter x 1/8” long or 3.5 mm by 3.5 mm

4) 5/32” diameter x 5/32 long or 4.5 mm by 4.5 mm

5) 3/16” diameter x 3/16” long or 5.5 mm by 5.5 mm

6) 1/4” diameter x 1/4” long or 7.5 mm by 7.5 mm

7) 3/8” diameter x 3/8” long or 9.5 mm by 9.5 mm

d. Granules: The feed provided by the contractor must meet the following standard granule sizes:

To pass over 450 microns

To pass over 595 microns

To pass over 841 microns

To pass over 1.19 mm

Product Purity and Product Contamination:

a. The finished feed, as well as any ingredients used in the manufacture of the feed, provided by the contractor shall be wholesome, clean and free from noxious chemicals and foreign materials. Contamination of the bags of any kind which might damage fish in normal feeding procedures may render the feed unacceptable in the sole opinion of the state agency. The contractor shall replace the feed at the state agency's request in a timely manner and at no additional cost to the state agency.

b. The contractor should provide diets with low levels of environmental contaminants such as Polychlorinated biphenyl and mercury. Upon request of the state agency, the contractor shall perform whole diet testing for PCBs, mercury or other contaminants or provide documentation of recent testing results at no additional cost to the state agency

Performance Requirements:

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.

a. The following table reflects the estimated amount of fish feed needed annually for each hatchery.

Substitutions: The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the Division of Purchasing.

In the event an item becomes unavailable, the contractor shall provide a suitable substitute item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The Division of Purchasing shall be the final authority as to acceptability of any proposed substitution.

Any item substitution shall require a formal contract amendment authorized by the Division of Purchasing prior to the state acquiring the substitute item under the contract.

The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.

Replacement of Damaged Product: The contractor shall repair or replace any item or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement.

Delivery Requirements: The contractor and/or the contractor's subcontractors shall deliver products and/or services in accordance with the contracted delivery times stated herein to the state agency upon receipt of an authorized purchase order or P-card transaction notice. Delivery shall include unloading shipments at the state agency's dock or other designated unloading site as requested by the state agency. All orders must be shipped FOB Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract must be shipped at the contract price. All deliveries must be coordinated with the individual hatcheries.

The contractor shall deliver to the following hatcheries in the amounts designated:

In truckload quantities of 22,000 lbs. of bag feed for Bennett Springs, Montauk, Roaring River, Shepherd of the Hills, and Meramec Springs Hatcheries;

In truckload quantities of 44,000 lbs. of bulk feed for Shepherd of the Hills and Montauk Hatcheries;

In truckload quantities of 16,000 lbs. or more of bag feed for the Lost Valley Hatchery; and

In truckload quantities of 6,000 lbs. or more of bag feed for the Chesapeake Hatchery, Hunnewell Hatchery, and Blind Pony Hatchery.

b. The contractor shall understand and agree that the state agency reserves the right to buy from vendors outside the contract when a feed order of any feed type amounts to 2,000 pounds or less.

c. The contractor must contact the hatchery 48-hours in advance of the delivery date. Delivery must be within twenty-eight (28) calendar days after feed order date. The contractor must not make delivery on official state and/or federal holidays, or on the weekend. The contractor shall deliver no earlier than 8:00 a.m. or no later than 2:00 p.m., Central Time, Monday through Friday. Trucks delivering feed and arriving after 2:00 p.m., Central Time, Monday through Friday will not be unloaded until the next regular working day. A list of official state holidays may be found on the State of Missouri website at https://oa.mo.gov/commissioner/state-holidays.

d. Bulk feed orders for Shepherd of the Hill Hatchery must be delivered in standard bulk feed trucks with rear unloading conveyor, dump beds with a grain gate, or drop bottom hoppers (no augers or blowers shall be used to unload bulk feed into bulk loading system). Bag deliveries shall not be accepted for bulk feed orders.

e. Bulk feed orders for Montauk Fish Hatchery must be delivered in standard bulk feed trucks with rear unloading conveyor, or drop bottom hoppers (no augers or blowers shall be used to unload bulk feed into bulk loading system). Bag deliveries shall not be accepted for bulk feed orders.

f. Bag feed deliveries for Bennett Springs Hatchery must leave 5’ of space between payload of pallets and the rear tailgate to allow for unloading entire delivery with a pallet jack. This typically requires a 53’ trailer.

g. All pellet feed (bulk or bagged) must be loaded on suitable trucks at the feed mill and delivered direct to the hatchery on the same truck unless otherwise specified by the state agency.

h. All deliveries of fish feed made under the contract must be by authorized carriers or contractor-owned trucks holding current permits or certificates from appropriate state, federal and local regulatory agencies.

i. Delivery of wet or broken bags or bags showing evidence of wetness, damage to contents, loss of contents or feed milled more than sixty (60) calendar days prior to date of delivery shall not be accepted by the state agency.

j. All feed deliveries must be delivered on grade two (2) wooden pallets with no more than 2,000 pounds of bagged feed per pallet.

Bagging and Packaging Requirements: The pellets and granules must not be bagged until cooled to ten (10) degrees Fahrenheit above ambient air temperature and dried to a moisture content of 10% or less. After being filled, the bags must be sewn closed. The net weight of the sinking feed in each bag must be 50-55 pounds although 40-50 pounds shall be acceptable for floating feed. The contractor should provide Cold Water Production Diet packaged in 1-ton bags on an as-needed basis.

Each bag must be labeled with tags to show granule or pellet size and diet identification in an un-coded or readily understood format.

All bags of feed must be stamped with the milling date.

For bagged feed deliveries, feed must be delivered in all plastic recyclable bags, unless paper bags are specifically requested. A cardboard liner is required between stacked plastic bags and pallet and around bottom rows of stacked plastic bags, then shrink wrapped. Any line item ordered in a less than 2,000 pound quantity may be filled with “shelf” inventory that may already be packaged in the typical paper bag with a plastic liner.

The contractor must shrink-wrap all bagged and pallet feed deliveries

Orders: The contractor shall understand and agree that the state agency will place orders by purchase order or telephone with a paper confirmation to follow for all orders placed by telephone from the hatchery manager (or assistant hatchery manager) for delivery to the applicable hatcheries in any combination offered sizes in bulk and/or bags at any time during the contract period by giving the contractor twenty-eight (28) calendar days’ notice. The contractor must provide confirmation and acceptance of order within 24 hours. If the contractor does not confirm and accept the order within 24 hours, the state agency shall have the right to cancel the order and proceed to the next contractor.

The state agency will communicate with the contractor regarding specific contact information, such as hatchery phone numbers, once the contract is awarded.

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.

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.

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 that 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: 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 invoice the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the hatchery that placed the order utilizing the address listed on the purchase order. See hatchery addresses in section 2.2.1.

The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice 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 required under law or regulation.

Payment:

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

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.

The state agency reserves the right to make purchases using the state purchasing card. Charges may not be applied prior to the delivery of fish feed for payments made using the purchasing card.

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.

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.

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.

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.

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:

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 D, Anti-Discrimination Against Israel Act Certification.

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.

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.

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).

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.

Protests:

Any proposal award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

Record Access:

The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

State Preferences:

If the contractor’s awarded proposal included state preferences, the contractor must comply with the rules applicable to those preferences including:

Section 34.070 and section 34.073 RSMo for Missouri business preferences;

Section 34.074 RSMo and 1 CSR 40-1.050 for Service Disabled Veteran Enterprises;

Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops;

and

d. Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.

Taxes:

The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.

*****END OF TERMS AND CONDITIONS SECTION*****

GENERAL Contractual REQUIREMENTS SECTION

Contract Definition:

A binding contract shall consist of the following documents:

the most current version of the RFP (including all Exhibits and Attachments included in the RFP) as amended by: RFP amendment(s) issued prior to bid closing, Best and Final Offer (BAFO) requests, and contract amendment(s);

the most current version of the contractor’s proposal, including the contractor’s BAFO responses, state-requested clarification responses, and contract amendment responses; and the Division of Purchasing’s acceptance of the proposal by “notice of award”.

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

The vendor’s response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the vendor’s response is accepted by the state and a contract is awarded.

The contractor further agrees that the language of the RFP shall govern in the event of a conflict with the contractor’s proposal.

The contractor shall agree to furnish all awarded products specified in the contract, at the prices quoted therein.

A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing products for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of written authorization to proceed from the state, such as an order form, (in addition to the Division of Purchasing’s “notice of award”).

State agency may sign or “click-through” and accept agreements if required by the contractor in order to receive services; however, all provisions of such agreements that conflict with the contract shall have no force or effect.

Contract Amendment:

All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the Division of Purchasing prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.

Contract Period:

The original contract period shall be as specified on the cover page and the subsequent Notice of Award of the RFP.

Renewal Option(s): The Division of Purchasing shall have the right, at its sole option, to renew the contract for two (2) additional one-year period(s), or any portion thereof. In the event the Division of Purchasing exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

Contract Pricing:

Vendor can bid on one, some or all line items. All prices shall be firm, fixed, and as indicated in Exhibit C, Pricing Pages. The state shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, liquidated damages, attorney fees, etc.

Renewal Pricing: If the option for renewal is exercised by the Division of Purchasing, the contractor shall agree that the prices for the renewal period shall not exceed the prices for the applicable renewal period stated on the Exhibit C, Pricing Pages.

If renewal prices are not provided with the accepted proposal, then prices during the renewal period shall be the same as the original contract period pricing.

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

Termination for Convenience:

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

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 or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

Cancellation for Breach of Contract:

In the event of material breach of the contractual obligations by the contractor, the Division of Purchasing may cancel the contract. At its sole discretion, the Division of Purchasing may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. As specified by the Division of Purchasing, the actual cure must be completed within no more than ten (10) state business days from notification, or at a minimum the contractor must provide the Division of Purchasing within ten (10) state business days from notification a written plan detailing how the contractor intends to cure the breach.

If the contractor fails to cure the breach or if circumstances demand immediate action, the Division of Purchasing will issue a notice of cancellation terminating the contract immediately. If it is determined the Division of Purchasing improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

If the Division of Purchasing cancels the contract for breach, the Division of Purchasing reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the Division of Purchasing deems appropriate and charge the contractor for any additional costs incurred thereby.

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 or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

Contract Assignment:

Any contract assignment, except as noted below, shall require prior written consent by the state, which shall not be unreasonably withheld. However, the contractor may assign the contract without the state’s prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, contingent upon the assignee agreeing to be bound by all of the terms of the contract with the State of Missouri and all past due fees are paid in full. The contractor must notify the Division of Purchasing of all contract assignments, which shall be addressed in a contract amendment. Any other means of assignment shall be void and of no effect.