STATE 0000000619SL

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for

Statewide Boats and Boat Trailers Qualified Vendor List (QVL) (for Additional Vendors)

MARCH 31, 2027

PROPOSAL DUE NO LATER THAN: 11/18/2026 AT 2:00 PM CENTRAL TIME

Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

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

RFP CONTACT INFORMATION:

BUYER: 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:

State of Missouri Various Agencies Located Throughout the State of Missouri

ATTENTION:

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

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

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

RFP Organization:

RFP Vendor Response Exhibits

(Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

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

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

1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 This document constitutes a request for competitive, sealed proposals from prospective vendors to be included in a Qualified Vendors List (QVL) for boats and boat trailers for various state agencies throughout the State of Missouri (herein referred to as “state agency(ies)”) in accordance with the requirements and provisions set forth herein. If a vendor reviewing this RFP has an existing contract established for the QVL as a result of an award from STATE 0000000240SL, the vendor does not need to respond to this solicitation.

1.1.2 The purpose of this QVL is to enable a more seamless procurement process, foster competition, and promote a consistent high-quality delivery of products regardless of market volatility. With consideration to a vendor’s inability to hold pricing for a substantial amount of time based on the high demand of required boats and boat trailers, the State of Missouri desires to establish contracts with qualified suppliers of the boats and boat trailers specified herein.

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

1.1.4 The product information provided in this RFP represents mandatory specifications, brands and estimated quantities the state agencies anticipate purchasing. The estimated quantities are based on previous purchases made by the state agencies in the past. No guarantee is being made regarding the quantity of boats and boat trailers the state agencies will actually purchase. Vendors are advised NOT to provide pricing for the items at this time as the information is intended only to provide potential vendors with specific requirements as well as for informational purposes only.

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

1.2 Background and Historical Usage Information:

1.2.1 The existing contracts listed below include the total expenditures for the fiscal years listed. Fiscal Year 2026 (FY 2026) is the existing fiscal year and is not yet completed, therefore a “To Date” total has been provided and is subject to change over the remainder of the fiscal year. These expenditures are for informational purposes only and shall not be construed as a guarantee about volume of purchases to be made under the new contracts.

1.2.2 This solicitation is a rebid of solicitation STATE 0000000208SL, Statewide Boats and Boat Trailers QVL. No awards were made as a result of soliciting STATE 0000000208SL.

1.3 Current and/or Previous Contract Information:

1.3.1 Current contracts exist for the products and being obtained via this RFP. A copy of the contracts can be viewed and printed from the Division of Purchasing Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of the contracts may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid number RFPC30034902302078 or the contract numbers CC232078001 through CC232078005 when searching for these documents.

1.3.2 State Expenditures: The Missouri Accountability Portal (MAP) located on the Internet at: http://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the site information and disclaimer links: https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm and https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm#disclaimer. Then search by the contract numbers shown above when searching for the financial information.

1.4 Other Agencies May Order:

1.4.1 The Division of Purchasing reserves the right to allow other state agencies and government entities (e.g. cities, counties, etc.) to order from the contract. The State of Missouri shall bear no financial responsibility for any payments due the contractor by non-state governmental entities (e.g. cities, counties, etc.).

1.5 RFP Questions:

1.5.1 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.

1.5.2 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.

1.5.3 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.

1.5.4 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).

1.5.5 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.

1.6 Amendments:

1.6.1 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.

1.7 Glossary of Terms and Acronyms:

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

1.7.2 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.

1.7.3 State Agency Acronyms: For purposes of the contract, a state agency shall be defined as a division, section, bureau, office, program, board, regional/district office, etc., that exists within a department of Missouri State Government. For the purposes of this document, this shall also include the Judicial and Legislative branches of the State of Missouri.

a. AG Missouri Attorney General

b. DCI Missouri Department of Commerce and Insurance

c. DED Missouri Department of Economic Development

d. DESE Missouri Department of Elementary and Secondary Education

e. DHEWD Missouri Department of Higher Education and Workforce Development

f. DHSS Missouri Department of Health and Senior Services

g. DMH Missouri Department of Mental Health

h. DNR Missouri Department of Natural Resources

i. DOC Missouri Department of Corrections

j. DOLIR Missouri Department of Labor and Industrial Relations

k. DOR Missouri Department of Revenue

l. DPS Missouri Department of Public Safety

m. DSS Missouri Department of Social Services

n. GA General Assembly: Missouri House of Representatives and the Missouri Senate

o. GO Missouri Governor’s Office

p. ITSD Missouri OA Information Technology Services Division

q. JUD Missouri Judiciary

r. LTGO Missouri Lieutenant Governor’s Office

s. MDA Missouri Department of Agriculture

t. MDC Missouri Department of Conservation

u. MoDOT Missouri Department of Transportation

v. MSPD Missouri State Public Defender

w. OA Missouri Office of Administration

x. SAO Missouri State Auditor’s Office

y. SOS Missouri Secretary of State

z. STO Missouri State Treasurer’s Office

1.8 Accuracy of Background Information:

1.8.1 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 understand and agree that the purpose of the contract is to obtain a supply of boats and boat trailers on an as needed, when needed basis and the contractor shall conduct all contract responsibilities consistent with this purpose.

2.1.2 The contractor must provide the boats and boat trailers for the brands they’ve indicated in their RFP response and were awarded as a result of solicitation STATE 0000000240SL and STATE 0000000619SL. Brand substitutions will not be acceptable.

2.1.3 For the purposes of the contract, the terms “vendor” and “contractor” shall be interpreted to mean the same.

2.1.4 For purposes of the contract, a state agency shall be defined as a division, section, bureau, office, program, board, regional/district office, etc., that exists within a department of Missouri State Government. For the purposes of this document, this shall also include the Judicial and Legislative branches of the State of Missouri.

2.1.5 Preferred Use Contract: The contractor shall provide the services on an as needed, if needed basis. The State of Missouri does not guarantee any usage of the contract whatsoever. The contractor shall understand and agree that the contract shall be construed as a preferred use contract but shall not be construed as an exclusive arrangement. Preferred use means that any state agency needing the services should use the established contract unless it is determined to be in the best interest of the State of Missouri for a state agency, at its own discretion, to obtain alternate services elsewhere.

Cooperative Procurement Program: The contractor shall participate in the State of Missouri’s Cooperative Procurement Program. The contractor shall provide the products and/or services as described herein under the terms and conditions, requirements, and specifications of the contract, including prices, to other government entities in accordance with the Technical Services Act (section 67.360, RSMo, which is available on the internet at: https://revisor.mo.gov/main/OneSection.aspx?section=67.360&bid=2758&hl=). The contractor shall further understand and agree that participation by other governmental entities is discretionary on the part of that governmental entity and the State of Missouri bears no financial responsibility for any payments due the contractor by such governmental entities. The following website identifies the current members of the Cooperative Procurement Program: https://purch.oa.mo.gov/media/pdf/cooperative-procurement-program-members-listing.

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

2.2 QVL Utilization and Requirements:

2.2.1 In order to mitigate the state agency’s risk of inadequate supply of boats and boat trailers, the awarded QVL contractors shall serve as the primary market supply channel for various state agencies throughout the State of Missouri for boats and boat trailers in accordance with the provisions and requirements stated herein.

a. The QVL contractor must only quote and supply those specifically awarded brands that have been approved by the Division of Purchasing’s Notice of Contract Award or by a properly executed contract amendment, issued by the Division of Purchasing.

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

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

2.3 Price Quote Request Form Requirements:

2.3.1 Throughout the contract period as a state agency has a need for a boat and/or boat trailer, the state agency will contact all QVL contractor(s) who were awarded the requested line item(s) to obtain firm, fixed price quotes in response to the Price Quote Request Form (PQF). The quote request will include the specifications required and the quantity of boats and/or boat trailers required. The state agency’s quote request will also indicate if the state agency desires or requires any additional options or features (upgrades) to be included with the boats and/or boat trailers.

2.3.2 The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quotes, purchase orders placed, and products received under the contract.

2.3.3 The QVL contractor(s) who were awarded a specific boat and/or boat trailer category will be contacted by a state agency via email and presented with Attachment 1, Price Quote Request Form (PQF). The QVL contractor shall complete and return the PQF by the specified deadline in order for the QVL contractor’s quoted firm, fixed price to be considered. The QVL contractor should include a copy of the specification sheet for the boat and/or boat trailer proposed with their response to the PQF. If awarded the quote, the QVL contractor’s firm, fixed price quoted for the specific purchase shall be contractually binding on the QVL contractor for that specific order placement and fulfillment.

a. Pricing: The QVL contractor(s) shall price the specific boat and/or boat trailer based on the requested quantity, the mandatory specifications provided by the state agency, including any additional option or features requested or required to be provided with the boat and/or boat trailer in the PQF.

1) State agencies may request additional options or features to be added to the boat and/or boat trailer being purchased from the QVL contractor. Any options or features desired beyond the standard model specifications will be identified by the state agency at the time of issuance. In the case that multiple versions of the same option or feature are proposed as a separate price in addition to the boat and/or boat trailer price, the highest price for the options and features proposed shall be used for cost evaluation purposes to determine the maximum liability to the state.

2) If additional options and features are already installed on the proposed boat and/or boat trailer then the QVL contractor shall price the boat and/or boat trailer as one total dollar amount for the boat and/or boat trailer that includes the already installed options and features.

3) If the PQF requests or requires options and features that are not currently installed on the boat and/or boat trailer proposed by the QVL contractor, then the QVL contractor must price those items separately to ensure the boat and/or boat trailer proposed meets the requirements identified in the PQF.

4) If the QVL contractor is unable to provide the boat and/or boat trailer and/or quantities identified in a PQF, the QVL contractor should respond to the PQF with the boat and/or boat trailer and quantities the QVL contractor is capable of providing that meet the requirements of the PQF (e.g. if the PQF requests three (3) boats and/or boat trailers, but the QVL contractor only has one (1) boat and/or boat trailer that meets the requirements, the QVL contractor may respond to the PQF with the one (1) boat and/or boat trailer available).

5) The QVL contractor may respond to the PQF with multiple responses if the QVL contractor is capable of meeting the requirements of the PQF with different boats and/or boat trailers or a combination of boats and/or boat trailers available.

· Shipping from a dealer or manufacturer outside of Missouri to a QVL contractor’s location in order for the QVL contractor to satisfy the completed PQF shall be the responsibility of the QVL contractor and shall take place at the pricing submitted on the PQF.

· All pricing shall include all shipping, and freight charges FOB Destination, Freight Prepaid and Allowed. The State of Missouri shall not make additional payments or pay add-on charges for freight or shipping beyond the pricing submitted on the PQF.

· The state shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

b. Domestic Products Procurement Act: In accordance with the Buy American Act, the QVL contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the state agency will request the QVL contractor(s) to complete and return Attachment 2, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance at the time of each quote request. This document must be thoroughly completed and returned with the completed PQF for each price quote.

2.5.1 In the event a QVL contractor cannot provide the trailer requested by the state agency, the QVL contractor should return the PQF to the state agency indicating a “No Bid” response.

2.5.2 The QVL contractor(s) shall understand that each quote response submitted shall be considered an open record after the PQF has been awarded, 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 applicable. The QVL contractor(s) should NOT include confidential material with their quote response.

2.4 Price Quote Form Evaluation:

2.4.1 State agencies shall make every attempt to process an award of a PQF within forty-eight (48) hours of the PQF deadline date. Any delays in the forty-eight (48) hour timeframe must be communicated to the QVL contractors that submitted a response to a PQF. QVL contractors shall not face consequences for selling a boat and/or boat trailer to another customer in the event an award has not been made within the forty-eight (48) hour timeframe and failure of the agency to communicate a delay occurs.

2.4.2 The PQF shall be awarded to the lowest and best QVL contractor defined herein as the specification- compliant QVL contractor who scores the highest number of evaluation points considering:

a. The specifications and contents included on the returned Attachment 1, PQF form and Attachment 3, Price Quote Request Form Award Record,

b. Cost, including the response to Attachment 2, Missouri Domestic Products Procurement Act preference, and

c. Bonus Preference Points earned for the Organization for the Blind/Sheltered Workshop preference and the Missouri Service-Disabled Veteran Enterprise preference points in the QVL contractor’s awarded proposal.

2.4.3 Evaluation of Cost – The state agency shall determine the lowest priced QVL contractor by performing a cost evaluation in the following manner:

a. The firm, fixed total boat and/or boat trailer price submitted for the boat and/or boat trailer(s) specified on the PQF shall be multiplied by the respective requested quantity stated in the PQF to determine the total extended price. The firm, fixed total boat and/or boat trailer price used for cost evaluation purposes shall include the boat and/or boat trailer base price, all options and features proposed, regardless of whether the options or features are already installed on the boat and/or boat trailer or would be installed after PQF award, and the delivery price. The total extended price for the boat and/or boat trailer shall then be combined with any application of the Domestic Product Act (Buy American) Preference as detailed below.

1) Domestic Products Procurement Act - In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy American Act) sections 34.350 to 34.359, RSMo, the QVL contractor is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

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

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

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

· If any boats and/or boat trailers or optional products offered are being manufactured or performed at sites outside the United States, the QVL contractor MUST disclose such fact and provide details with the quote request.

b. Upon determination of each QVL contractor’s total cost for the specified line item, 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

c. For those QVL contractors awarded bonus preference points (for an Organization for the Blind/Sheltered Workshop and/or a qualified Service-Disabled Veteran Enterprise) during the evaluation of STATE 0000000240SL and STATE 0000000619SL, such bonus preference points shall be added to the QVL contractor’s cost evaluation points. The QVL contractor that meets or exceeds the state agency’s minimum requirements with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best QVL contractor. The lowest and best QVL contractor will be awarded the purchase requested on the PQF.

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

e. The state agency reserves the right to award one, some, or all of the boat(s) and/or boat trailer(s) in a PQF to one QVL contractor. In the event an agency decides to award to multiple QVL contractors, the above cost evaluation will be conducted per trailer to determine the lowest and best QVL contractor for each boat and/or boat trailer.

2.4.4 The state agency will document their evaluation justification regarding their award determination of the “lowest and best” PQF response(s) at the time the quote is awarded.

2.4.5 The state agency will provide all responding QVL contractors of the results of the PQF awarded by providing a copy of the completed Attachment 3, Price Quote Request Form (PQF) Award Record. Acceptance of the PQF, unless otherwise specified, is not authorization to proceed with shipment of products. The state agency must provide authorization to proceed through issuance of a purchase order or specific written authorization to ship.

2.5 Purchase Order Requirements by State Agency:

2.5.1 The state agency should purchase the items specified in the awarded price quote from the awarded QVL contractor (as determined by paragraph 2.4.3, including subparagraphs).

a. If the QVL contractor cannot provide the awarded items in the price quote, the QVL contractor may be considered in breach of contract and subject to the remedies specified herein.

b. The state agency shall document each instance of the QVL contractor’s inability to provide the awarded items as required. If the QVL contractor continually or consistently is unable to provide the awarded items as required, the Division of Purchasing may elect to cancel the applicable QVL contractor’s contract.

c. If the QVL contractor cannot fulfill the price quote awarded then, the state agency reserves the right to use the next highest scoring QVL contractor (as determined in accordance with section 2.4). The state agency must get prior approval from the Division of Purchasing before using the next highest scoring QVL contractor.

2.5.2 Orders for any awarded item(s) not delivered by the delivery date stated in the request for quote may be cancelled at no cost to the State of Missouri. The state reserves the right to purchase such item(s) elsewhere if deemed necessary. Any additional costs incurred by the state as a result of the QVL contractor’s failure to deliver may be the responsibility of the QVL contractor.

2.5.3 Due to fluctuating needs, the State of Missouri reserves the right to change the required quantity of the items specified herein or to cancel such item(s) in its entirety if necessary. In the event of such a change and/or cancellation of an item(s), the QVL contractor will be notified.

2.6 Repair or Replacement of Damaged Product:

2.6.1 The contractor shall be responsible for repairing any item or components received in damaged condition at no cost to the State of Missouri. In the event the item cannot be repaired or if the repair would otherwise compromise the integrity of the commodity and the manufacturer warranty, then the contractor must replace the item or component in its entirety at no additional cost to the state. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement.

2.7 Warranty Requirements:

2.7.1 The contractor shall provide the standard manufacturer's warranty on all parts and equipment provided. During the warranty period, the contractor shall provide any replacement parts and repair service at no additional cost to the state. The warranty shall commence upon delivery and acceptance of the equipment/supplies by the State of Missouri. Warranty services shall be coordinated with the state agency and agreed upon by both parties prior to performing warranty work or replacement.

2.8 Performance Requirements:

2.8.1 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 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.

b. 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.

c. 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.

d. 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.

2.8.2 Delivery Requirements: The contractor and/or the contractor's subcontractor(s) shall deliver products and/or services in accordance with the delivery times specified in the quote request or within a reasonable period of time, if a specific time is not stated 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.

2.9 Missouri Statewide Contract Quarterly Administrative Fee:

2.9.1 The contractor shall pay a one percent (1%) administrative fee to the State of Missouri which shall apply to all payments received by the contractor for all products provided under the contract. Payment of the one percent administrative fee shall be non-negotiable.

2.9.2 The contractor shall pay the administrative fee at the end of each calendar quarter (i.e. March 31, June 30, September 30, December 31). The total administrative fee for a given quarter must equal one percent (1%) of the total payments (minus returns and credits) received by the contractor during the calendar quarter as reported on the contractor’s Missouri Statewide Contract Quarterly Administrative Fee Report specified below. The administrative fee must be received by the Division of Purchasing (Purchasing) no later than the 15th calendar day of the month immediately following the end of the calendar quarter, unless the 15th is not a business day in which case the next business day thereafter shall be considered the administrative fee deadline.

2.9.3 Payments shall be made using one of the following acceptable payment methods:

a. Check: Personal check, company check, cashier’s check, or money order made payable to the “Missouri Revolving Information Technology Trust Fund” and sent to the following mailing address: Division of Purchasing, P.O. Box 809, Jefferson City, MO 65102 – 0809 OR Division of Purchasing, 301 West High Street, Room 630, Jefferson City, MO 65101-1517. The contractor’s payment by check shall authorize the State of Missouri to process the check electronically. The contractor understands and agrees that any returned check from the contractor may be presented again electronically and may be subject to additional actions and/or handling fees.

b. Electronic Payment: Instructions on how to submit payments electronically by automated clearing house (ACH) will be provided upon request by contacting the Division of Purchasing at (573) 751-2387.

2.9.4 All payments of the administrative fee shall include the contract number on any check or transmittal document. However, only one contract number must be entered on a check or transmittal document. If submitting an administrative fee payment for more than one contract, then a separate check or electronic payment and associated transmittal document must be submitted by the contractor for each contract.

2.10 Missouri Statewide Contract Quarterly Administrative Fee Report:

2.10.1 The contractor shall submit a Missouri Statewide Contract Quarterly Administrative Fee Report to the Division of Purchasing which shall identify the total payments (minus returns and credits) received by the contractor from state agencies, political subdivisions, universities, and governmental entities in other states that were made pursuant to the contract.

2.10.2 The contractor shall prepare and submit the Missouri Statewide Contract Quarterly Administrative Fee Report at the end of each calendar quarter (i.e. March 31, June 30, September 30, December 31) for total payments (minus returns and credits) received by the contractor during the calendar quarter. The Missouri Statewide Contract Quarterly Administrative Fee Report must be received by the Division of Purchasing (Purchasing) no later than the 15th calendar day of the month following the reporting quarter entered on the report, unless the 15th is not a business day in which case the next business day thereafter shall be considered the reporting deadline. Even if there has been no usage of the contract during the reporting quarter, the contractor must still submit a report and indicate no payments were received by marking the appropriate box on the report form.

2.10.3 The Missouri Statewide Contract Quarterly Administrative Fee Report and Instructions form may be downloaded from the following Purchasing website: http://oa.mo.gov/purchasing/vendor-information. The Missouri Statewide Contract Quarterly Administrative Fee Report and Instructions is also included herein as Attachment 4. The Missouri Statewide Contract Quarterly Administrative Fee Report must be submitted using one of the following methods:

a. Mail: Division of Purchasing, P.O. Box 809, Jefferson City MO 65102-0809

OR

Division of Purchasing, 301 West High Street, Room 630, Jefferson City, MO 65101-1517

b. Fax: (573) 526-9815

c. Email: ereports@oa.mo.gov

2.10.4 The contractor shall agree that the Division of Purchasing reserves the right to modify the requested format and content of the Missouri Statewide Contract Quarterly Administrative Fee Report by providing thirty (30) calendar days written notice to the contractor. The contractor shall also agree the Division of Purchasing may unilaterally amend the contract, with thirty (30) calendar days notice to the contractor to change the method of payment of the administrative fee, the timing for submission of the Missouri Statewide Contract Quarterly Administrative Fee Report, and/or timing for payment of the administrative fee. The contractor shall understand and agree that if such an amendment is issued by the Division of Purchasing, the contractor shall comply with all contractual terms, as amended.

2.11 Other Requirements/Reporting Requirements/Reporting and Recordkeeping Requirements:

2.11.1 Missouri Statewide Contract Quarterly Usage Report: The contractor shall submit a Missouri Statewide Contract Quarterly Usage Report to the Division of Purchasing that provides the Data Element information listed below:

a. The contractor shall prepare and submit the Missouri Statewide Contract Quarterly Usage Report at the end of each calendar quarter (i.e. March 31, June 30, September 30, December 31) for the purchases made under the contract during the calendar quarter. The Missouri Statewide Contract Quarterly Usage Report must be received by the Division of Purchasing no later than the 15th calendar day of the month following the reporting quarter entered on the Missouri Statewide Contract Quarterly Usage Report, unless the 15th is not a business day in which case the next business day thereafter shall be considered the reporting deadline. Even if there has been no usage of the contract during the reporting quarter, the contractor must still submit a report and indicate no purchases were made.

b. The contractor must submit a Missouri Statewide Contract Quarterly Usage Report electronically either utilizing the “Missouri Statewide Contract Quarterly Usage Report” worksheet included herein in Attachment 5 which is downloadable from https://purch.oa.mo.gov/vendor-information or utilizing another format which is Excel-exportable. The contractor must submit the Missouri Statewide Contract Quarterly Usage Report to the following email address: ereports@oa.mo.gov.

c. The contractor shall agree that the Division of Purchasing reserves the right to modify the requested format and content of the Missouri Statewide Contract Quarterly Usage Report by providing thirty (30) calendar days’ written notice to the contractor. The contractor shall also agree the Division of Purchasing may unilaterally amend the contract, with thirty (30) calendar days’ notice to the contractor to change the timing for submission of the Missouri Statewide Contract Quarterly Usage Report. The contractor shall understand and agree that if such an amendment is issued by the Division of Purchasing, the contractor shall comply with all contractual terms, as amended.

2.12 Financial Records and Document Retention:

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

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

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

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

2.13 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.13.1 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.

2.13.2 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 be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis)…