STATE 0000000594SL Weapons Detection System.docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Walk-Through Weapons Detection System with an X-Ray Scanner Component

PROPOSAL DUE NO LATER THAN: OCTOBER 12, 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: Lane Feeler

PHONE NO.: (573) 522-3296

EMAIL: lane.feeler@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 ADDRESSES:

Governor’s Mansion 100 Madison Street Jefferson City, MO 65101

Missouri State Capitol Building 201 West Capitol Avenue Jefferson City, MO 65101

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 Sections:

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

BUSINESS COMPLIANCE EXHIBITS

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

Separate Documents: The vendor is advised that a/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 the separate document/each of the separate documents. The vendor shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the vendor to obtain a copy of the separate documents.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of a lease or a purchase of a walk-through weapons detection system with an X-ray scanner component (WDS) as set forth for the Missouri, Office of Administration’s Facilities Management, Design & Construction (FMDC), on behalf of the Department of Public Safety – Missouri Capitol Police (hereinafter referred to as the “state agency).

a. This RFP includes two options for the vendor to consider when providing their RFP response. Vendors have the right to choose one or both options to respond to, however, must bid all line items within the option chosen.

1) Option 1: The purchase of a walk-though weapons detection system, including an annual maintenance agreement and manufacturer’s warranty. Option 1 shall include the purchase of the following:

a. Single Lane Weapons Detection System

b. X-Ray Scanner Component

c. Maintenance Agreement (Single Lane Leased Weapons Detected System)

d. Maintenance Agreement (X-Ray Scanner Component)

2) Option 2: A multi-year lease of a walk-through weapons detection system, including all maintenance and repairs as necessary. Option 2 shall include the leasing of the following:

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 Office of Administration, Division of Purchasing has established a contract for the Office of Administration, Division of Facilities Management, Design and Construction, MC250343001. This contract was put in place for WDS located at the South Entrance and Garage Entrance of the Missouri State Capitol Building, 201 West Capitol Avenue, Jefferson City, Missouri. The State of Missouri’s Governors’ Mansion also has a WDS that was procured under the Department of Public Safety’s local authority.

Current and/or Previous Contract Information:

A current contract exists for the products being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of that contract may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the bid number, STATE PURCHASE-FY25-00343-SL or the contract number MC250343001 when searching for these documents.

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.

Pre-Proposal Conference:

Pre-Proposal conference date and time: A pre-proposal conference regarding this RFP will be held on October 2, at 10:00 a.m. Central Time located at the Harry S. Truman Building, Conference Room 850, 301 West High St, Jefferson City, MO 65101. Vendors are encouraged to participate in the pre-proposal conference as it will be used as the forum for questions, communications, and discussions regarding the RFP conference in order to ask questions and otherwise participate in the public communications regarding the RFP. The vendor should become familiar with the RFP and develop all questions prior to the pre-proposal conference in order to ask questions and otherwise participate in the public communications regarding the RFP.

Pre-Proposal conference Agenda: The vendor should have a copy of the RFP for the pre-proposal conference since it will be used as the agenda for the pre-proposal conference.

Communication Prior to the conference: The vendor is encouraged to review the RFP prior to the pre-proposal conference and may submit written communications and/or questions regarding the RFP, which reference the RFP paragraph numbers, to the buyer identified on page one. Such prior communication will provide the State of Missouri with insight into areas of the RFP which may be brought up for discussion during the conference and which may require clarification.

Communication during the conference: During the pre-proposal conference, it shall be the sole responsibility of the vendor to orally address all issues previously presented to the buyer by the vendor, including any questions regarding the RFP or areas of the RFP requiring clarification.

Amendment to the RFP: Any modifications needed to the RFP as a result of discussions from the pre-proposal conference will be accomplished as an amendment to the RFP. Neither formal minutes of the pre-proposal conference nor written records of the questions/communications will be maintained.

Pre-Proposal Conference Special Accommodations: Vendors are strongly encouraged to advise the Division of Purchasing within five (5) state business days of the scheduled pre-proposal conference of any special accommodations needed for people with health conditions or impairments who will be participating in the pre-proposal conference so that these accommodations can be made.

Pre-Proposal Conference Dial-In Information: The vendor should contact the buyer from the Division of Purchasing as indicated on the first page of this RFP to obtain dial-in instructions. The vendor will be provided with a telephone number to dial and/or webinar information to access, in order to listen and participate in the pre-proposal conference. The vendor shall refrain from contacting anyone other than the buyer to obtain the dial-in information.

Building Tour:

Mandatory Tour of the Missouri State Capitol Building located at 201 West Capitol Avenue, Jefferson City, MO 65101. Unless a vendor has specific prior knowledge of the building, all vendors must tour the building. A tour of the Missouri State Capitol has been scheduled for October 2, 2026, BEGINNING PROMPTLY after the pre-proposal conference that starts at 10:00 a.m. Central Time. A walk-by tour of the Governor’s Mansion will follow the tour of the Missouri State Capitol Building. The walk-by will provide outside view of WDS system placement inside of the Governor’s Mansion Vendors must ensure that a record is made of the vendor’s participation in the tour. An attendance record will be available.

Building Information: Vendors are advised that participation in a tour of the building is considered essential to obtain a clear and complete understanding of the requirements of this RFP. In order to have a clear understanding of the requirements outlined herein, the vendor must attend the building tour. The Division of Purchasing will maintain the attendance record from the scheduled tour as documentation of all vendors who attended the tour. However, the vendor’s response to the RFP should provide any relevant information regarding their familiarity with the physical layout, condition, etc. of the building.

The purpose of the tour is to allow potential vendors an opportunity to inspect the building prior to submitting a proposal. As a result, each vendor is solely responsible for a prudent and complete personal inspection, examination, and assessment of the work site condition, facilities, and/or any other existing condition, factor, or item that may affect or impact on the performance of service described and required in the Section 2: Scope of Work Section herein.

The vendor shall not be relieved of responsibility for performance under the contract for any reason whatsoever, including, but not limited to, the vendor’s failure to observe existing conditions, etc.

Vendors are strongly encouraged to advise the Division of Purchasing, at least five (5) calendar days prior to the scheduled tour of the building, of any special accommodations needed people with health conditions or impairments who will be attending the tour so that these accommodations can be made.

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.

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 an advanced, turnkey, walk-through, single-lane WDS with X-ray scanner component for the Department of Public Safety – Missouri Capitol Police in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency. All equipment shall be provided as either a purchased turnkey package or a leased turnkey package agreement awarded by the Division of Purchasing.

The WDS must consist of the following, at minimum, throughout the life cycle of the contract regardless of if the products are purchased or leased:

ability to detect weapons;

ability to classify weaponry and identify the location of the weapon on the individual;

screening checkpoint equipment;

equipment set-up;

equipment configuration;

equipment calibration;

equipment testing;

operational training;

equipment maintenance and repairs; and/or a maintenance agreement.

The X-ray component must include the following, at minimum, throughout the life cycle of the contract regardless of if the products are purchased or leased:

hardware/equipment;

software;

installation;

screening‑checkpoint equipment;

equipment setup;

configuration;

calibration;

testing;

operational training; and/or preventative maintenance and repairs

Other Agencies May Order: The Division of Purchasing reserves the right to allow other state agencies to order from the contract.

The contractor shall perform all services in accordance with accepted industry standards and with the provisions and requirements stated herein to the satisfaction of OA-FMDC and the state agency.

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

Technical Requirements

The WDS must have the ability to perform the following:

identify an area or areas of a potential threat to potentially increase security, prevent violent incidents, and protect individuals from harm;

provide alerts of potential threat locations;

provide and classify weapon types based on the end user’s input;

utilize screens that connect and can be accessed through a WLAN network for real time threat resolution, without State network access; and allow the state agency to view identified objects via another secure network connection pathway approved by FMDC and the state agency.

store information for at least thirty (30) days.

The WDS must allow individuals to walk through a threshold without stopping to empty their pockets or remove any of their personal items and may reduce the alarm rate to a more sustainable level for security staff, while not compromising detection of weapons capable of mass casualty events.

The state agency acknowledges that manpower needs and alarm rates for the WDS will depend on a variety of factors within the control of the state agency, including, but not limited to, the settings employed for proper operation.

The X-ray scanner component screening performed by security staff is a secondary layer of security in the process to identify if a weapon is present and what kind of weapon it is.

Activity Reports: On an as needed basis and within the information required to be stored for 30 days, the activity report must include, but not be limited to the following:

Number of people screened Number of alarms activated Threat items found in secondary screens.

Product Requirements:

WDS Equipment Locations:

Missouri State Capitol as shown on Attachment 2, Floor Plans for Staging of Equipment:

South Entrance:

i. One (1) single lane device;

ii. One (1) X-ray scanner component;

Garage Entrance:

iii. One (1) single lane device

One (1) single lane device to be installed at the Governor’s Mansion as needed, if needed.

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.

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.

Service/Performance Requirements:

The contractor shall provide manufacturer‑trained technicians, directly employed by the contractor, to perform on‑site maintenance and troubleshooting necessary to return the WDS to full functionality.

The contractor shall provide a means for contacting a manufacturer trained technician by the state agency on a continual twenty-four (24) hour, seven (7) day per week basis, via a cell phone, or customer call center.

The state agency shall call the contractor provided telephone number to notify contractor of problems.

The contractor must respond via a call-back to the state agency within two (2) hours of reporting. Contractor response time to the existing issue must be coordinated between the contractor and the state agency. The state agency will indicate the urgency for the repair upon notification to the contractor.

However, response time requirements shall be measured from the time of the first notification by the state agency to notify the contractor.

Unless other specific arrangements are agreed upon by the state agency, the contractor shall schedule and perform services during regular state agency work hours (8:00 A.M. to 5:00 P.M.), Monday through Friday Central Time, except for holidays.

b. Contractor shall be advised that the state agency may request service after hours or on weekends.

The contractor shall observe the same holiday schedule as the state agency. A list of Missouri State Holidays is posted on the Internet at: http://oa.mo.gov/pers/StateHolidays.html.

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 subcontractor(s) 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 state agency.

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

Reporting Requirements

Activity Reports: On an as needed basis and within the information required to be stored for 30 days, the activity report must include, but not be limited to the following:

Number of people screened Number of alarms activated Threat items found in secondary screens.

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: 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 following address:

State of Missouri Division of Facilities Management, Design & Construction 301 W High Street, Room 780 PO Box 809 Jefferson City, MO 65102

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.

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

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

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

Payment:

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

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

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 will not pay for a software component until the initiation of the implementation of that software component.

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 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.

STATE 0000000594SL Page 2

****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:

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

Americans with Disabilities Act:

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

Anti-Discrimination Against Israel Act Contractor Requirements:

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

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

Authorized Personnel/E-Verify:

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

Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.

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

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

Business Registration:

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

Data Breach:

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

Elected or Appointed Officials and Employees:

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

Indemnification:

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

Legal Proceedings:

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

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

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

Negotiations:

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

Federal Funds Requirements:

The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment 1 Federal Funds Requirements or other requirements identified by the federal government.

The contractor must comply with the Office of Management and Budget’s (OMB) implementation of section 889(b) of the National Defense Authorization Act (NDAA) of Fiscal Year 2019, Pub. L. No. 115—232, for grants and loans through the updates to section 200.216 of Title 2 of the Code of Federal Regulations (2 CFR) relating to prohibitions on the purchase of certain telecommunication and video surveillance equipment and services from specified entities.

Invoicing and Payment:

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

Non-Appropriation of Funds:

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

Work Outside the United States:

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

Open Records:

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

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.

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 and services 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 and services 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 agencies 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. However, if a leasing option is awarded, the contract period shall coincide with the terms of the lease.

Purchased Renewal Option(s): The Division of Purchasing shall have the right, at its sole option, to renew the contract for three (3) 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:

The vendor shall provide prices for one or both options as indicated on the Exhibit C, Pricing Pages. In the event a vendor chooses one or both options, the vendor must provide firm, fixed pricing for all line items within the option(s) chosen. The state agency reserves the right to award a contract in the best interest of the State of Missouri and may award only one option. 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.

Purchased Renewal Pricing: If the agency purchases the equipment, 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 B, 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.

Additional Lease Options: In the event the agency decides to expand on the leased quantity of walk through weapons detection systems, the agency may request additional leases compliant with the leasing terms stated herein. Both parties, with prior approval from the state agency, may enter into additional lease agreements for the expansion of equipment during the first two renewal periods. Pricing for any such additional leases must be consistent with or based on the firm fixed annual lease pricing structure established in the original contract.

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.

1.1.2 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.

Incoming Transition:

Upon state agency authorization to proceed with services, the contractor shall work with the state agency and any other organization(s) designated by the state agency to facilitate an orderly incoming transition of services and responsibilities under the contract.

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.