STATE 0000000595SL

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for

Automotive Collision Repair Services Qualified Vendor List (QVL)

Vehicle Maintenance

PROPOSAL DUE NO LATER THAN: October 13, 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: Danielle Gesch

PHONE NO.: (573) 751-3331

EMAIL: Danielle.Gesch@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:

Office of Administration Vehicle Maintenance 705 Missouri Blvd.

Jefferson City, MO 65109

ATTENTION:

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

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

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

RFP Organization:

RFP Sections:

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

BUSINESS COMPLIANCE EXHIBITS

Attachment (Separate Documents) (Do not return the document with response)

Separate Document: The vendor is advised that the separate document to this document referenced above provide additional requirements, information, and/or instruction. The separate document must be downloaded from the Division of Purchasing’s MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate document is 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. 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 document.

1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for competitive, sealed proposals for the development of a Qualified Vendor List (QVL) for the provision of automotive collision repair services as set forth herein for the Office of Administration, Vehicle Maintenance (hereinafter referred to as “state agency”).

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

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

1.2 Background and Historical Usage Information:

1.2.1 The purpose of this document is to establish a QVL for automotive collision and repair services to enable a more seamless procurement process, foster competition, and to promote a consistent high-quality delivery of automotive collision and repair services regardless of market volatility.

1.2.2 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 compliance with the requirements specified herein. The awarded contracts shall not be viewed as exclusive contracts. The State of Missouri reserves the right to issue subsequent solicitations for the same or similar supplies.

1.2.3 The Office of Administration, Vehicle Maintenance garage currently repairs vehicles within their means as they have been wrecked or suffered from a hazardous situation (blown tire, etc.) There are times when the Vehicle Maintenance garage does not have the capacity, tools, or supplies to perform certain collision repair services. Therefore, Vehicle Maintenance has opted to develop a backup contract that will serve the state agency in the event they cannot perform the repair. The vendors shall understand, the first intent will be to have the Vehicle Maintenance garage do the repair and the utilization of the QVL contracts is at the discretion of the Vehicle Maintenance garage.

1.2.4 In addition, the Vehicle Maintenance garage can only provide services in the Jefferson City area. State vehicles will be brought or towed to the Jefferson City vehicle maintenance garage. Therefore, the QVL will only be established with vendors that reside within a fifty (50) mile radius of Jefferson City, Missouri. The Vehicle Maintenance garage will utilize other existing contracts for towing when applicable and towing will not be considered a requirement of the vehicle collision repairs required herein.

1.3 RFP Questions:

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

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

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

1.3.3 Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal 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.

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

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

1.4 Amendments:

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

1.5 Glossary of Terms and Acronyms:

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

1.5.2 General Glossary, Acronyms, and Abbreviations:

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

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

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

d. Buyer means the procurement staff member of Purchasing.

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

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

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

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

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

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

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

l. 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.

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

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

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

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

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

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

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

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

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

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

1.6 Accuracy of Background Information:

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

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

2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall provide automotive collision and repair services as applicable to include, but not limited to paintless dent repairs, painting, and body work for all makes and models of vehicles owned by the State of Missouri and sent for repair by the Office of Administration, Vehicle Maintenance in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

2.2 Minimum Experience Requirements:

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

a. The contractor/contractor’s subcontractors must have a minimum of five (5) years of experience for providing automotive collision and repair services.

2.3 Qualified Vendor List Utilization and Requirements:

2.3.1 The state shall establish a Qualified Vendor List for each of the categories stated herein. Once established, the QVL 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 automotive collision repair services. See section 2.4 for information describing the quoting process.

2.3.2 The state agency requesting quotes for a particular category shall notify ALL of the QVL contractors awarded the particular service and request submittal of a competitive quote response in accordance with the provisions herein and the specifications of the quote request. All terms and conditions of the contract shall apply to all quote requests. Determination of quote request specifications will be determined on a case-by-case basis (dependent upon the severity of the collision and repair requirements) for each quote request.

2.3.3 Because the State of Missouri needs multiple contractors to effectively meet the state agency’s demand for automotive collision repair services, the Division of Purchasing reserves the right to add more contractors subsequent to the initial award of contract(s) by conducting a separate procurement process(es) to supplement the list of qualified vendors. Qualifying vendors may be added as additional contractors subject to the same considerations identified herein regarding award of a contract.

2.3.4 In the event the contractor determines the contractor no longer has the ability to provide the categories the contractor was originally awarded, the contractor may request in writing to the Division of Purchasing to remove the category from the contractor’s list of available categories the contractor may respond to quote requests. If the contractor’s request is approved by the Division of Purchasing, a formal contract amendment will be issued by the Division of Purchasing in order to remove the contractor’s ability to provide that category.

2.4 Quote Request Requirements:

2.4.1 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 category/categories needed by the state agency.

a. When requesting quotes from QVL contractors, the state agency will identify the following:

1) Requesting State Agency Name/Address;

2) Vehicle Information;

3) Category of Services needed;

4) Specific Pick-up/Delivery Locations;

5) Estimated Timeframe for Services;

6) Quote request issue date;

7) Quote request due date; and

8) Contact name and email address or fax number for quote submission.

b. Requesting state agencies may, but are not required to, use the Sample Price Quote Request included herein as Attachment 1, Sample Price Quote Form when requesting quotations from contractors.

c. Quote requests may be changed via an amendment to the quote request 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).

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

a. 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.

b. By submitting a quote response, the contractor agrees to furnish the equipment, supplies and/or services specified in the quote request, at the labor rates awarded in accordance with the timeframe the vendor indicated in the quote request, pursuant to all requirements and specifications contained therein.

c. Quote response, including all labor pricing calculations provided as a total repair cost 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.

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

e. Pricing: In the quote response, the QVL contractor shall provide a total cost of the specified automotive collision repair services identified in the quote request utilizing a single line for each type of category work needed. The contractor shall provide an estimated number of hours to perform each category of work. multiply the number of hours by the hourly labor rate for the specified category. The contractor shall then add all extended category totals together to reach the a total cost of the collision repair. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, freight/shipping charges of any parts or materials, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

f. 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.

g. 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”.

2.4.3 Quote Evaluation and Award: For each quote response, the requesting 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.

a. 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, Missouri Service-Disabled Veteran Business Enterprise Participation, and Honorably Discharged Veteran Enterprises (HDVEs) Preference. 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, HDVE, 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.

1) Upon determination of each contractor’s total cost for collision repair services in the quotes 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

2) For those contractors awarded bonus preference points during the evaluation of STATE 0000000595SL, 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.

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

c. 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 collision repair services. 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.

2.4.4 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 services that is in addition to the quote acceptance), the contractor shall perform the services 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 perform the services.

2.4.5 Modifications to Quote Request: After award of a quote request, if the state agency or contractor 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.

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

b. 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.

2.4.6 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.

2.5 Performance/Technical Requirements:

2.5.1 Location: The contractor’s collision and repair facility used for this contract must be located within a fifty (50) mile radius of Jefferson City, Missouri. In addition, the contractor’s collision and repair facility must be capable of handling work on various makes and models of vehicles.

2.5.2 Technicians: The contractor's collision repair services shall be performed by a certified technician or trained by a certified technician, who are experienced and qualified to work on the various makes and models of vehicles. All collision repair work shall be performed in accordance with the best commercial practices and without unnecessary delays.

2.5.3 Equipment: The contractor must have available suitable modem equipment necessary for the satisfactory execution of any collision repair job, including at a minimum, the following:

1) Diagnostic tools to properly identify areas for repairs;

2) All gauges and checking tools necessary to make precision adjustments when required; and

3) All special repair tools for proper repairs of the equipment required herein.

2.5.4 Parts and Materials: All parts and materials supplied by the contractor and used on state agency vehicles shall be new and of equal quality to the original equipment manufactured except as stated below.

a. The contractor must understand and agree that any aftermarket parts used in a repair must be Certified Automotive Parts Association (CAPA) certified.

2.5.5 Repairs: For any repairs performed on requested vehicles which are not covered by a specified category or an applicable hourly rate, the contractor shall provide an estimate of the number of hours required to perform the service at the time the vehicle enters the contractor's collision repair shop. The contractor shall request a modification of the price quote request to include non-covered repairs in the miscellaneous line item within the price quote request prior to completing the repair. The contractor shall understand and agree that no work shall be performed without the prior approval of the requesting state agency.

a. Repairs must be completed in a timely manner, and any supplement damage must be approved by the requesting state agency.

2.5.6 Warranty: The contractor shall understand and agree that no parts, accessories, or supplies shall be used which might void the vehicle’s manufacturer's standard factory warranty. When not concerned with the vehicle warranty, the ordering state agency may authorize use of rebuilt assemblies or sub-assemblies when such is standard industry practice, and the rebuilt part carries the same warranty as a new assembly or sub-assembly. The contractor shall perform all repairs in strict accordance with the manufacturer's recommended repair procedures to ensure that all warranties remain valid and are not voided.

2.5.7 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.

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

b. In the event a part or an item is substituted, any part or item substitution must be a replacement of the contracted part or 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 part or item offered by the contractor. The Division of Purchasing shall be the final authority as to acceptability of any proposed substitution.

c. The contractor shall understand and agree that any part or item substitution shall require a formal contract amendment authorized by the Division of Purchasing prior to the state agency acquiring the substitute part or item under the contract.

d. The state agency may choose not to compel a part or 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 part or an item in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.

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

2.6 Financial Records and Document Retention:

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

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

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

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

2.7 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.7.1 Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through 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.

2.7.2 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.

a. 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.

b. Each contractor invoice 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.

c. 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.

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

2.7.3 Payment:

a. 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.

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

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

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

a. All collision repair 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 collision repair 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.

b. 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.

c. The State of Missouri's right to reject any unacceptable collision repair services shall not exclude any other legal, equitable or contractual remedies the state may have.

2.7.5 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.

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

2.7.7 The total payments to the contractor for all services and expenses shall not exceed the prices stated on Exhibit C, Pricing Pages.

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

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

3. TERMS AND CONDITIONS SECTION

3.1 Applicable Laws and Regulations:

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

3.2 Non-Discrimination and Affirmative Action:

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

3.3 Americans with Disabilities Act:

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

3.4 Anti-Discrimination Against Israel Act Contractor Requirements:

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

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

3.5 Authorized Personnel/E-Verify:

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

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

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

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

3.6 Business Registration:

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

3.7 Data Breach:

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

3.8 Elected or Appointed Officials and Employees:

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

3.9 Indemnification:

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

3.10 Legal Proceedings:

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

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

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

3.11 Negotiations:

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

3.12 Invoicing and Payment:

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

3.13 Non-Appropriation of Funds:

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

3.14 Work Outside the United States:

3.14.1 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.

3.15 Open Records:

3.15.1 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.

3.16 Protests:

3.16.1 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.

3.17 Record Access:

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

3.18 State Preferences:

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

a. Section 34.070 and section 34.073 RSMo for Missouri business preferences;

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

c. Section 34.069 RSMo for Honorably Discharged Veteran Enterprises; and

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

3.19 Taxes:

3.19.1 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*****

4. GENERAL Contractual REQUIREMENTS SECTION

4.1 Contract Definition:

4.1.1 A binding contract shall consist of the following documents:

a. 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);

b. the most current version of the contractor’s proposal, including the contractor’s BAFO responses, state-requested clarification responses, and contract amendment responses; and

c. the Division of Purchasing’s acceptance of the proposal by “notice of award”.

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

4.1.3 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.

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

4.1.5 The contractor shall agree to furnish all awarded automotive collision and repair services specified in each awarded quote request, at the prices quoted in the awarded quote request.

4.1.6 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 automotive collision and repair 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”).

4.2 Contract Amendment:

4.2.1 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.

4.3 Contract Period:

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

4.3.2 Renewal Option(s): The Division of Purchasing shall have the right, at its sole option, to renew the contract for one (1) 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.

4.4 Contract Pricing:

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

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

a. 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.

b. 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

4.5 Termination for Convenience:

4.5.1 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.