STATE 0000000547SL Page 4

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Chemical Products Qualified Vendor List (QVL) (For Additional Vendors)

Missouri Vocational Enterprises

PROPOSAL DUE NO LATER THAN: SEPTEMBER 18, 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: Ann Perkins

PHONE NO.: (573) 522-1308

EMAIL: Ann.Perkins@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:

Eastern Reception & Diagnostic Correctional Center Chemical Factory 2727 Highway K Bonne Terre, MO 63628

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.

AMENDMENT No. 01 to STATE 0000000547SL

TITLE: Chemical Products Qualified Vendor List (QVL)

CONTRACT PERIOD: Date of Award through March 9, 2027

PLEASE BE ADVISED OF THE FOLLOWING CHANGES AND CLARIFICATIONS:

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

Vendors may review the revision(s) to the MissouriBUYS, powered by MOVERS electronic solicitation and the amendment document(s) at https://MissouriBUYS.mo.gov. You may be required to acknowledge the electronic amendment.

ATTENTION: IF YOU HAVE ALREADY SUBMITTED A RESPONSE TO THE SOLICITATION, ACCEPTANCE OF THE AMENDMENT AND RESUBMISSION YOUR SOLICITATION RESPONSE IS NECESSARY TO ENSURE THE STATE OF MISSOURI SUCCESSFULLY RECEIVES YOUR SOLICITATION RESPONSE.

Follow the instructions in the Reference Guide for How to Submit Response Online (https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions ) and outlined below if previously responded to the solicitation prior to the amendment issuance.

Log into MissouriBUYS, powered by MOVERS (https://missouribuys.mo.gov/).

Under Tasks click View Negotiations below Solicitations.

The Active Solicitations page will appear. Utilize the search filters and click on the Solicitation Number to open.

The Overview page will display. Click Create Response.

A Warning pop-up box will open. The supplier must click Yes to continue to view and acknowledge amendments.

The supplier should highlight the Amendment(s) and view the changes made via the amendment(s). Once the review is complete, select the Acknowledgement checkbox for each amendment and click Submit at the top right-hand corner of the page. NOTE: A Warning pop-up box will open if all amendments have not been acknowledged. Click Yes to continue.

A Confirmation pop-up box will open confirming amendments have been acknowledged. It will also warn that resubmission of the previously submitted response is necessary prior to response to the amendment. Click OK.

Supplier will need to click Create Response again and respond to the amended solicitation. NOTE: The Create Response step includes attaching the supplier’s response again.

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Chemical Products Qualified Vendor List (QVL)

Missouri Vocational Enterprises

PROPOSAL DUE NO LATER THAN: SEPTEMBER 11, 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: Ann Perkins

PHONE NO.: (573) 522-1308

EMAIL: Ann.Perkins@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:

Eastern Reception & Diagnostic Correctional Center Chemical Factory 2727 Highway K Bonne Terre, MO 63628

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 (Separate Documents) Attachments (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.

1.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals to establish contracts for additional vendors to be added to the supply channel for chemical products for the Missouri Department of Corrections, Missouri Vocational Enterprises (MVE), Eastern Reception and Diagnostic Correctional Center, Chemical Factory, (herein referred to as “state agency”), by means of adding to an existing Qualified Vendors List (QVL) of suppliers for the State of Missouri in accordance with the requirements and provisions specified herein. If a vendor reviewing this RFP has an existing contract established for the QVL as a result of an award from STATE 000000270SL, the vendor does not need to respond to this solicitation.

Because chemical product pricing has become volatile due to current market conditions, the State of Missouri wishes to establish contracts with qualified suppliers of chemical products. At the time the state agency needs to make an actual purchase, then-current chemical products pricing will be requested of all contractors, and the state agency will award the purchase to the "lowest and best" vendor at the time.

The State of Missouri intends to establish contracts with multiple vendors for use on an as needed, if needed basis in accordance with the usage and quoting requirements specified herein. Contract awards will be made based upon the vendor’s reliability and compliance with the requirements specified herein. The awarded shall not be viewed as exclusive contracts. The state reserves the right to issue subsequent solicitations for the same or similar supplies as stated in paragraph 2.1.2.

The product information provided in this RFP represents mandatory specifications the state agency anticipates purchasing. No guarantee is being made regarding the quantity of chemical products the agency will actually purchase. Vendors are advised NOT to provide pricing for the items at this time as the information is intended only to provide potential vendors with specific requirements as well as for informational purposes only.

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 following information includes estimated encumbered amounts for fiscal years (FY) 2023 through FY 2027 (using the current existing contracts). Fiscal Year 2027 (FY2027) is the existing fiscal year and is not yet completed, therefore a “To Date” total has been provided and is subject to change over the remainder of the fiscal year. These figures are for informational purposes only and shall not be construed as a guarantee about volume of purchases to be made under the new contracts.

(To Date)

Current and/or Previous Contract Information:

Current contracts exist for the products 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 RFP30034902201044, RFPC30034902201578, and STATE 0000000270SL or the contract number(s) CC221044001 through CC221044003, CC221578001 through CC221578006, and MC260270001 through MC260270002 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 a 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.

Quote Request 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 quote request. The pricing pages must be completed and submitted by the vendor with the quote request 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 chemical products for the state agency in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

Additional Contractors: Because the State of Missouri needs multiple contractors to effectively meet the state agency’s demand for chemical products, the state reserves the right to issue additional solicitations to add more contractors subsequent to the initial award of contract(s). Qualifying vendors may be added as additional contractors, subject to the same requirements and considerations identified herein regarding award of contract.

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.

Qualified Vendor List Utilization and Requirements:

The state shall establish a Qualified Vendor List for the line items stated herein. Once established, the list will identify the contractors that may participate in responding to the quoting process stated herein. Quotes shall be developed by the state agency to secure chemical products as needed, if needed. See section 2.3 for information describing the quoting process.

All terms and conditions of the contract shall apply to all quote requests. Determination of quote specifications for each quote request shall be made by the ordering state agency.

If the QVL contractor is later able to source other items from the RFP that they did not originally bid, the QVL contractor may request to be added to line item(s) by submitting a written request to the Division of Purchasing. If the request is approved by the state agency and the Division of Purchasing, a formal contract amendment will be issued by the Division of Purchasing in order to authorize the QVL contractor to quote and supply the item(s) in addition to those originally accepted at time of contract award.

Likewise, as the QVL contractor determines that their ability to source products they originally bid has significantly decreased, QVL contractors may request to be removed from line item(s) by submitting a written request to the Division of Purchasing. If the request is approved by the state agency and the Division of Purchasing, a formal contract amendment will be issued by the Division of Purchasing in order to remove the QVL contractor’s authorization and obligation to quote and supply the specific item(s) from the list of those originally accepted at time of contract award.

Quote Request Requirements:

Quote Request: In order to fulfill the State of Missouri’s procurement obligation to make awards to the lowest and best contractor, the state agency will request written quotes from all awarded contractors for the specific line items needed by the state agency.

In requesting quotes from QVL contractors, the state agency will identify the following when requesting price quotes from the contractors:

State agency name/address;

Product(s) needed;

Quantities needed;

Delivery timeframe;

Quote request issue date;

Quote request due date; and Contact name and email address or fax number for quote submission.

Requesting state agencies may, but are not required to, use the Price Quote Request for Chemical Products QVL included herein as Attachment 1 when requesting quotations from contractors.

Quote requests may be changed via an amendment by the requesting state agency before the request due date. The requesting state agency will be required to notify all of the QVL contractors in writing from which they requested quotes of the change(s).

Quote Response: The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quotes for chemical products. The QVL contractor must only quote and provide the specifically awarded products that have been approved by the Division of Purchasing’s Notice of Award.

All quote responses must (1) be submitted by a duly authorized representative of the vendor’s organization, (2) contain all information required by the quote request, and (3) be priced as required.

By submitting a quote response, the contractor agrees to furnish the chemical products specified in the quote request, at the prices quoted, pursuant to all requirements and specifications contained therein.

Quote response, including all pricing therein, shall remain valid for 90 calendar days from the quote request due date unless otherwise indicated in the quote request. If the quote request response is accepted and awarded, the entire awarded quote request response shall be firm for the specified timeframe identified in the quote request.

If a contractor is unavailable to provide the quote-requested products in the specified timeframe needed, the contractor should identify the timeframes in which they could provide the products.

Pricing: In the quote response, the QVL contractor shall price the specified product(s) identified in the quote request based upon the quantity, unit of measure, and the mandatory specifications stated by the state agency at the time of the quote request. 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, attorney fees, liquidated damages, etc. All pricing shall include all shipping, and freight charges FOB Destination, Freight Prepaid and Allowed. The State of Missouri shall not make additional payments or pay add-on charges for freight or shipping.

Domestic Product Procurement Act (Buy American) Preference: In accordance with the Buy American Act, the contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the state agency will request the contractor to complete and return Attachment 2, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. Such document must be thoroughly completed by the contactor for each price quote request.

· QVL contractors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over vendors whose products do not qualify.

· The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met.

· If the QVL contractor claims there is only one line of the good manufactured or produced in the United States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract.

· If the lowest priced QVL contractor qualifies as American-made or in the event all of the QVL contractors or none of the QVL contractors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced QVL contractor does not qualify for the Buy American Preference but other QVL contractors do qualify, then the low QVL contractor’s price(s) is increased by 10% for those items not eligible for the Buy American Preference.

The QVL contractor shall understand that each quote response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applied. The QVL contractor should NOT include confidential material with their quote response.

The QVL contractor must respond to the state agency quote requests in writing by the timeframe indicated by the state agency. If quotes are not submitted within the timeframe requested, the state agency may consider the QVL contractor’s absence of a response as a “no bid”.

Quote Evaluation and Award: For each quote response, the state agency shall confirm the quote response meets the minimum requirements as stated in the quote request. For those responses which meet the requesting state agency’s minimum requirements, the state agency shall consider (1) price and (2) any preference considerations identified in the contract award for the individual QVL contractors by the Division of Purchasing in determining the “lowest and best” quote received.

More specifically, for those responses which meet the requesting state agency’s minimum requirements, the evaluation shall be based upon (1) price including the evaluation of the Domestic Procurement Act and (2) any bonus points from the original RFP evaluation for Organizations for the Blind and Sheltered Workshop Participation and Missouri Service-Disabled Veteran Business Enterprise Participation. The contractor with the lowest cost that meets the requesting state agency’s needs shall be considered the “lowest and best” quote response and awarded the specific project, unless a vendor qualifies for SDVE or Organization for the Blind/Sheltered Workshop bonus points in which case, cost and bonus points will determine the “lowest and best” quote response. The requesting state agency shall have the right to reject all responses and not make an award.

Upon determination of each contractor’s total cost for product in the quote response, cost points shall be computed from the results of the calculation stated below using a scale of 200 possible points and the following formula:

Lowest Responsive Contractor’s Price Compared Contractor’s Price

For those contractors awarded bonus preference points during the evaluation of STATE 0000000547SL and STATE 0000000270SL, such bonus preference points shall be added to the contractor’s cost evaluation points. The contractor that meets the state agency’s minimum with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best contractor, including consideration of preferences.

The requesting state agency will document their determination of the “lowest and best” quote at the time the quote is awarded.

The requesting state agency will be instructed to inform all responding contractors of the outcome of the award. Acceptance of the quote, unless otherwise specified, is not authorization to proceed with delivery of products. The requesting state agency must provide authorization to proceed through issuance of a purchase order or specific written authorization to proceed.

d. In the event all quote responses fail to meet the requesting state agency’s needs, the requesting state agency may reject all responses and cancel the quote request.

Implementation/Execution of Quote Request: After receipt of the state agency’s written acceptance of the quote request and authorization to proceed (in the form of a purchase order or other written document authorizing the contractor to proceed with the order), the contractor shall deliver the products required in accordance with the quote request accepted by the state agency. Unless otherwise specified in the quote request, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to deliver the products.

Modifications to Quote Request: After award of a quote request, if the state agency determines that minor modifications within the intent of the quote request are necessary or desired, the state agency will document the requested changes to the contractor. Based on the written instructions provided by the state agency, the contractor must revise the quote request according to the requirements for the quote request submission specified herein, including any resulting changes in the timeline, amount to be paid to the contractor, etc.

Any requested changes must still be within the intent and scope of the original quote request and the contract.

The contractor shall not proceed with implementation of services related to the revised quote request until final written approval and authorization to proceed is obtained from the state agency.

Termination of Quote Request: The state agency shall have the right to terminate any quote request at any time at the sole discretion of the state agency, without penalty or recourse, by giving written notice to the contractor at least ten (10) business days prior to the effective date of such termination. In the event of termination of the quote request, all documents, data, reports, and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall, at the option of the State of Missouri, become the property of the State of Missouri. The contractor shall be entitled to receive just and equitable compensation for deliverables completed and accepted in accordance with the quote request prior to the effective date of the termination.

Performance/Product Requirements:

Product Requirements/Specifications- the contractor shall provide chemical products that meet or exceed the mandatory specifications stated herein.

Estimated Quantities: The quantities indicated in this Invitation for Bid 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.

Wire Bails Prohibited: Chemical Products delivered with wire bails or wire handles shall not be permitted.

Pallet Requirements: All products must be palletized where applicable. Pallets provided must be wooden. Pallets will be exchanged upon delivery.

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: 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 F.O.B. 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 state agency.

Delivery for all items shall be due as indicated on the price quote request by the state agency at the time a price quote request is issued. The state agency will give consideration to the delivery timeframes offered in the contractor’s price quote request; however, the state agency shall have the final authority in stating the required delivery timeframe based on the current needs of the agency. Failure by the QVL contractor to deliver according to the specified requirements may result in contract cancellation and suspension from future QVL contractor’s list.

The QVL contractor and/or the QVL contractor's subcontractor(s) shall deliver products upon receipt of an authorized purchase order or P-card transaction notice for the products the QVL contractor is awarded. 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 F.O.B. Destination, Freight Prepaid and Allowed. All deliveries must be coordinated with the state agency.

The QVL contractor shall not attempt to make delivery to any facility on official state holidays. A list of official state holidays may be found on the State of Missouri website at https://oa.mo.gov/commissioner/state-holidays.

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.

The contractor shall maintain a financial management methodology that, at a minimum, records expenditures in a manner that readily identifies the expenditure as an allowable activity and allows required federal financial reports to be easily prepared.

The contractor shall have written policies and procedures to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) and shall make its policies and procedures available to the state agency, upon request.

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 each awarded quote request, the contractor shall invoice the requesting state agency as identified in the contractor’s approved quote request. In the event the contractor has been authorized to proceed on more than one quote request, the contractor must submit separate invoices for each quote request. The contractor shall perform the services prior to invoicing the state agency.

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.

The contractor shall submit invoices to the following address:

Missouri Vocational Enterprises Accounts Payable PO Box 1898 Jefferson City, MO 65102

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 chemical products 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 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

Inspection and Acceptance Specifications: For purposes of acceptance, no chemical products received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said chemical products purchased as a result of the quote request.

All chemical products 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 chemical products 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 chemical products 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 I, 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.

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.

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.