STATE0000000460SL Injury Assessment.docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for Natural Resource Injury Assessment & Damage Determination Consultant Services

PROPOSAL DUE NO LATER THAN: 07/20/2026 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: Ryan Bulinski

PHONE NO.: (573) 751-7076

EMAIL: Ryan.bulinski@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:

Department of Natural Resources Division of Environmental Quality 1738 East Elm Street Jefferson City, MO 65101

ATTENTION:

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

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

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

RFP Organization:

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

BUSINESS COMPLIANCE EXHIBITS

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of Natural Resource Injury Assessment, Damages Determination, Restoration Planning, and/or Risk Assessment, Analysis, or other Technical Review Consultant Services as set forth herein for the Department of Natural Resources.

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

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

Background and Historical Usage Information:

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 45 U.S.C. 9601 et seq., and the Clean Water Act (CWA), 33 U.S.C. 1251-1376, provide that natural resource trustees may assess damages to natural resources resulting from a discharge of oil or a release of a hazardous substance covered under CERCLA or the CWA and may seek to recover those damages.

Natural Resource Damages may also be derived from State of Missouri legal authorities, Chapter 644, RSMo—Missouri Clean Water Law; Sections 260.350-260-434 RSMo; Missouri Hazardous Waste Management Law; Sections 260.500 et seq., RSMo, Missouri Hazardous Waste Clean Up Law; and the regulations duly promulgated under the statues set forth above.

The State of Missouri’s natural resources including surface water, ground water, air, geologic and biological resources (i.e. land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the state) are for the benefit of the citizens of the State of Missouri. Citizens of the State of Missouri have the right to use and enjoy these natural resources and the State of Missouri has the duty and responsibility to protect such resources.

Under the authority provided by CERCLA, the Director of the Missouri Department of Natural Resources has been designated by the Governor as the state natural resource trustee. In addition to state trustees, there are five (5) federal trustees including the U.S. Department of Defense, the U.S. Department of Energy, the U.S. Department of Commerce, the U.S. Department of the Interior, and the U.S. Department of Agriculture. Native American tribes are also designated trustees.

In 1998, the Missouri Department of Natural Resources established a Natural Resources Damages (NRD) Program. The purpose of the NRD program is to determine the nature and extent of injuries to natural resources and assess and recover monetary damages following an oil discharge, hazardous substance release, or discharge of other pollutants. Recovered damages are used to restore the natural resources on behalf of the public.

There are several approaches to assessing and restoring injured natural resources. Many states, including the State of Missouri, take a cooperative-based restoration approach to the NRD Program. This approach focuses on restoration with the trustees and potentially responsible parties (PRP) working together through a cooperative assessment process. Settlements for the NRD Program may also be negotiated with PRPs. A negotiated settlement includes the cost of restoring the natural resource(s), the cost of the lost use of the natural resource(s) by the public, and the cost incurred by the trustees to assess the injuries and damages to the natural resource(s).

Current and/or Previous Contract Information:

A previous contract exists for the products and/or services being obtained via this RFP. A copy of the contract can be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of that contract may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid number RFPS30034902302333 or the contract number CS232333001 when searching for these documents.

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

RFP Questions:

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

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

Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and Service-Disabled Veteran Enterprise certification or subcontract questions should be directed to the Office of Equal Opportunity (OEO) at http://oeo.mo.gov.

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

Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal closing date and time of the proposals. If not received prior to ten (10) calendar days before the proposal closing date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

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

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

Amendments:

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

Glossary of Terms and Acronyms:

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

General Glossary, Acronyms, and Abbreviations:

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

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

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

Buyer means the procurement staff member of Purchasing.

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

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

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

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

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

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

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

Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the vendor with the proposal prior to the specified proposal closing date and time.

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

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

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

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

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

Shall has the same meaning as the word must.

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

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

Supplier has the same meaning as the word, vendor.

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

Technical Acronyms and Abbreviations:

CERCLA—Comprehensive Environmental Response, Compensation, and Liability Act CWA—Clean Water Act NRD—Natural Resource Damages PRP—Potentially Responsible Party

Accuracy of Background Information:

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

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

SCOPE OF WORK SECTION

General Requirements:

The contractor shall provide Natural Resource Injury Assessment, Damages Determination, Restoration Planning, and/or Risk Assessment, Analysis, or other Technical Review Consultant Services for the Missouri Department of Natural Resources, Division of Environmental Quality (hereinafter referred to as the “state agency”) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

Other Agencies May Order: 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.).

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

Minimum Experience Requirements:

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

The contractor must have a minimum of one (1) year of experience working with government agencies (i.e., local, state, federal), including trustee councils.

The contractor must have at least five (5) years’ experience providing natural resource injury assessment, damages determination, restoration planning, and/or risk assessment, analysis, or other technical review consultant services.

The contractor must have five (5) years’ experience in each of the following areas:

CERCLA Groundwater Injury Assessment and Damage Determination;

CERCLA Terrestrial Injury Assessment and Damage Determination;

CERCLA Aquatic Injury Assessment and Damage Determination;

Restoration Project Scoping and Monitoring Program Development; and

CERCLA NRDAR Expert Witness and Litigation Support.

Team Qualifications:

The contractor shall include the following team members to administer the contract requirements:

Executive Team: The contractor shall provide a minimum of two (2) team members identified as program directors that would be assigned to the executive team to perform services herein. The contractor’s proposed executive team shall possess working knowledge of and a minimum of five (5) years’ experience providing the following:

Overseeing and managing personnel;

Knowledge and understanding of federal and state laws, regulations, policies including but not limited to the following:

· Comprehensive Environmental Response, Compensation, and Liability Act;

· Oil Pollution Act;

· The Clean Water Act;

· The National Contingency Plan; and

· The Department of the Interior and National Oceanographic and Atmospheric Administration regulations as applicable to natural resources damages and restoration.

The ability to analyze policy and legislation applicable to natural resources damages and restoration;

The ability to establish and maintain effective working relationships with other employees, other than state agency personnel, and the public.

The program director(s) shall serve as the contractor’s contact and shall be the liaison between the contractor and the state agency. By no later than five (5) state business days after authorization by the state agency to proceed with services, the contractor shall provide the state agency with the name, address, email address, and telephone number of the contractor’s contact person. The contractor’s contact person shall (1) oversee all services being provided, (2) assume responsibility and liability for services performed per the contract, and (3) serve as the primary point of contact with the state agency.

Working Team: The contractor shall provide a minimum of two (2) team members identified as either consultants, analysts, or other support that would be assigned to the working team to perform the services herein. The contractor’s proposed working team shall possess working knowledge of and a minimum of two (2) years’ experience providing the following:

Knowledge and understanding of federal and state laws, regulations, and policies including but not limited to the following:

· Comprehensive Environmental Response, Compensation, and Liability Act;

· Oil Pollution Act;

· The Clean Water Act;

· The National Contingency Plan; and

· The Department of the Interior and National Oceanographic and Atmospheric Administration regulations as applicable to natural resources damages and restoration.

The ability to analyze policy and legislation applicable to natural resources damages and restoration;

Experience in Natural Resource Economics or Environmental Economics;

Experience in Microeconomic Theory;

Experience in applied policy;

Experience relating the results of primary scientific research to natural resource injuries;

Experience scaling natural resource injuries to determine defensible monetary natural resource damages;

Considerable knowledge of research techniques, current technical literature, and sources and availability of knowledge;

Thorough knowledge of the use of graphic presentations including computerized graphics based upon GIS;

Thorough knowledge of mathematical and advanced statistical methods;

Thorough knowledge of spreadsheet and statistical software packages used to analyze complex statistical data and the ability to clearly present conclusions in written and graphic formats; and

The ability to establish and maintain effective working relationships with other employees, other than state agency personnel, and the general public.

The contractor shall understand and agree that the state agency reserves the right to request any of the contractor’s personnel assigned to provide the services be removed without just cause. The contractor shall understand and agree that the state agency will allow the contractor a reasonable time to find a replacement. The state agency shall approve all replacement personnel. The state agency reserves the right to require background checks and non-disclosure agreements (NDA) of selected contractor personnel, at the contractor’s expense.

Background Checks: Prior to providing services under the contract, the contractor must ensure personnel (including any third-party personnel) pass standard background checks equal to those required by the State of Missouri for employees, and if required by the state to address an audit, the contractor must attest whether all applicable employees passed background checks performed in accordance with the contractor’s standard background check process. The contractor shall be responsible for all costs associated with background checks. The state agency reserves the right to require the contractor to provide evidence of employees and all sub-contractors and their employees passing a background check. Link to MSHP Criminal Record Check website: http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html. The standard background check shall be a nationwide fingerprint check through Missouri State Highway Patrol completed at a frequency determined by the state.

Work Plan Requirements:

In the event the state agency identifies a need for the contractor’s services, the state agency will notify the contractor of the need for the development of a work plan for the necessary services.

Within seven (7) calendar days after notification by the state agency of the need for a work plan, the contractor shall schedule a meeting via conference call with the state agency to discuss the necessary services and the contractor’s development of a work plan for such services. The meeting shall be held at a mutually agreed upon time. The state agency will explain in detail the scope of the necessary services during the meeting, including specific instructions, standards and requirements applicable to the necessary services, budget limitations, reporting requirements, required completion dates, etc. for the contractor to provide a detailed and concise work plan.

Following the meeting with the state agency, the contractor shall develop a work plan in accordance with the state agency’s need for services and the discussions at the meeting.

The contractor shall submit a work plan to the state agency within the timeframe specified by the state agency. The contractor shall understand and agree that the state agency will have the right to modify, require changes, or require additional elaboration to the work plan as deemed necessary by the state agency.

If the state agency requires the contractor to modify, make changes, or provide additional elaboration to the contractor’s work plan, the contractor must do so and shall submit the revised work plan to the state agency within a timeframe specified by the state agency.

The contractor’s work plan must define specific details of the contractor’s approach for the performance and completion of the necessary services of the state agency. At a minimum, the contractor shall include the following in the work plan:

A step-by-step plan of action for all services that will be performed, including specifics that will be performed;

A list of the personnel who will perform each service or complete each task;

The anticipated work hours the contractor will provide;

The services that will be provided; and

A detailed timeline for the completion of the services.

The contractor’s work plan shall include a guaranteed not-to-exceed total price for performing the services required by the state agency, as described in the contractor’s work plan. The guaranteed not-to-exceed total price must be based on the anticipated number of hours required to complete the required services and the firm, fixed, per hour prices for the personnel listed on the Exhibit C, Pricing Page and other costs and expenses.

The decision by the state agency of the acceptability of the contractor’s work plan shall be final and without recourse.

Upon acceptance of the contractor’s work plan and receipt of written authorization to proceed with services from the state agency, the contractor shall perform services in accordance with the approved work plan.

Performance Requirements:

The contractor shall provide economic injury and assessments to determine the value in economic terms to restore, replace, rehabilitate, or acquire the equivalent of injured natural resources while incorporating decisions or plans made by the Missouri Trustee or by a Trustee Council and all other appropriate parties. The contractor shall give special emphasis that Missouri’s trust resources are represented throughout the natural resource damage and restoration process.

The contractor shall provide economic injury and damage assessments utilizing a variety of statistical methods, mathematical techniques, and economic methodologies to ensure the timely completion of economic investigations, which are intended to quantify damages associated with injuries to trust resources and their human use.

The contractor shall scale and provide cost estimates of restoration projects in a manner to ensure that the level of services provided are commensurate with the lost or injured natural resources or services that the restoration projects are intended to restore, replace, rehabilitate, or acquire the equivalent of.

Upon request by the state agency, the contractor shall provide the following services:

The contractor shall provide determination of natural resources injuries through a review of primary scientific research and site specific data;

The contractor shall scale natural resource injuries utilizing Habitat Equivalency Analysis, Resource Equivalency Analysis, or other accepted economic valuation methodology;

The contractor shall determine monetary natural resources damages from economic valuations;

The contractor shall prepare graphic presentations, including computerized graphics, based upon Geographic Information System (GIS) and other (soil, sediment, water, biological) data;

The contractor shall perform mathematical and advanced statistical evaluation of primary scientific research to derive injury quantification metrics and ecological service losses;

The contractor shall fully characterize the nature of the lost natural resource service flows;

The contractor shall collect data on past and present use of the study area and substitute comparable sites;

The contractor shall review economic and recreational literature to identify existing value estimates for use;

The contractor shall determine the need for primary research on compensable damages at the study area;

The contractor shall provide assistance to counsel in case preparation by identifying and providing expert economic witnesses and by developing economic testimony;

The contractor shall provide litigation support of economic methodologies, injury and damage assessment results, and restoration and scaling costs in court or other forms as necessary; and

The contractor shall prepare interpretative reports from quantitative and qualitative economic data that will be used for analysis and decision-making purposes.

The contractor shall provide assistance to the state agency in overseeing all natural resources injury, damage assessments, and restoration activities.

The contractor shall provide technical document review assistance to the state agency.

The contractor shall provide expert economic guidance and council to the Missouri Trustee or the Trustee Council.

The contractor shall coordinate with local, state, federal, and tribal governments and agencies when applicable.

Reporting Requirements:

The contractor shall prepare and submit a monthly progress report to the state agency within fifteen (15) calendar days after the end of each month which identifies the following information for the current project(s):

The actions performed and completed;

The data collected and results received;

The scheduled actions not completed;

The planned actions for the next month; and

Any issues or problems arising during the month being reported.

Final Report: By no later than the timeframe specified in the contractor’s approved written work plan for each project, the contractor shall provide the state agency with an electronic copy of a final written analysis or other approved report documenting the results of the project.

If requested by the state agency, the contractor shall make at least one (1) oral presentation in Jefferson City or another location specified by the state agency of the final report to people or organizations deemed necessary by the state agency.

At least 30 calendar days prior to the submission of the final report, the contractor shall present a preliminary draft of the final report to the state agency. The state agency will have the right to modify, require changes, or require additional elaboration to the preliminary draft as the state agency deems necessary in order to endure a comprehensive and thorough written report documenting all services provided and work performed for the project.

Records: The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with accepted standard accounting principles or International Financial Reporting Standards (IFRS).

Once annually, or otherwise as reasonably required by the state, the contractor shall make all such records, books, and other documents relevant to the contract available to the state, its designees, and the Missouri State Auditor in a commercially reasonable format acceptable to the state at all reasonable times during the term of the contract and for three (3) years after the cancellation, expiration, or termination of the contract or for any longer period of time required by law. The state will provide a minimum of fourteen (14) calendar days’ notice and will coordinate with the contractor regarding the scope of the audit.

The contractor shall permit the Missouri State Auditor’s Office, federal auditors and authorized representatives of the State of Missouri to perform an independent audit or examine, copy, or investigate any of the contractor’s records, procedures, books, documents, papers, and records recording receipts and disbursements of any of the funds paid to the contractor only for services performed under the contract. Failure to retain adequate documentation for any service billed may result in recovery of payments for services not adequately documented. Any audit exception noted by auditors shall not be paid by the state and shall be the sole responsibility of the contractor. However, the contractor may contest any such exception by any legal procedure.

The state shall not designate any individual, entity, or firm to conduct the audit that is a competitor of the contractor. Any audit conducted or records reviewed under this provision shall be limited to services provided to State of Missouri and shall not require the contractor to disclose information pertaining to any other customer or client of the contractor.

The services required herein are not intended to be an audit, examination, attestation, special report or agreed-upon procedures engagements as those services are defined in the American Institute of Certified Public Accounts (AICPA) literature applicable to such engagements conducted by independent auditors. Accordingly, these services shall not result in the issuance of a written communication to third parties by the contractor directly reporting on financial data or internal control or expressing a conclusion or any other form of assurance. The contractor shall maintain a copy of the work products for documentation purposes for the AICPA.

Financial Records and Document Retention:

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

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

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

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

The contractor shall maintain records for salary and wages charged under the contract that accurately reflect the work performed.

Electronic Funds Transfer, Invoicing, and Payment Requirements:

Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

Invoicing: The contractor shall submit invoices monthly. Invoices shall be due by the last day of the month following the month in which the contractor provided services under the contract. The contractor shall perform the services prior to invoicing the state agency.

The contractor shall invoice the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the following address:

Department of Natural Resources Division of Environmental Quality 1730 East Elm Street Jefferson City, MO 65101

The contractor shall submit the final invoice within 30 calendar days after the end of the contract. The state agency will have no obligation to pay any invoice submitted after the due date.

The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP.

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

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

Payment:

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

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

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

After the receipt and approval of the required monthly progress reports, invoice, and services performed, the contractor shall be paid in accordance with the following:

The contractor shall be paid for personnel time in accordance with the firm, fixed price per hour stated on the Exhibit C, Pricing Page of the contactor’s awarded proposal.

The state agency will retain ten percent (10%) of the amount of each invoice and will pay the ten (10%) retainage to the contractor by no later than 60 calendar days after the completion of each project, the state agency’s final acceptance of the contractor’s services and approved report, and receipt and approval by the state agency of the final invoice for each project.

In no event shall the maximum amount paid to the contractor for each project exceed the total price approved by the state agency in the work plan for the project.

Inspection and Acceptance Specifications: For purposes of acceptance, no equipment, supplies, and/or services received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said equipment, supplies, and/or services.

All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected by the state. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

If the state agency denies a request by the contractor for payment the state agency will provide the contractor with written notice of the reason(s) for denial.

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

The total payments to the contractor for all services and expenses shall not exceed the firm, fixed price stated on Exhibit C, Pricing Page.

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

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

TERMS AND CONDITIONS SECTION

Applicable Laws and Regulations:

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

Non-Discrimination and Affirmative Action:

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

Americans with Disabilities Act:

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 12101, et seq.

Anti-Discrimination Against Israel Act Contractor Requirements:

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

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

Authorized Personnel/E-Verify:

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

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

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

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

Business Registration:

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

Data Breach:

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

Elected or Appointed Officials and Employees:

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

Indemnification:

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

Legal Proceedings:

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

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

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

Negotiations:

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

Invoicing and Payment:

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

Non-Appropriation of Funds:

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

To the extent that federal funding is used for the contract, the contract shall not be binding upon the state for any period in which such funding is reduced, terminated, withheld, restricted, or is frozen or paused.

Work Outside the United States:

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

Open Records:

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

Protests:

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

Record Access:

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

State Preferences:

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

Section 37.020 RSMo and 1 CSR 40-1.050 for Minority Business Enterprises and Women’s Business Enterprises;

Section 34.070 and section 34.073 RSMo for Missouri business preferences;

Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises; and Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops.

Taxes:

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

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

GENERAL Contractual REQUIREMENTS SECTION

Contract Definition:

A binding contract shall consist of the following documents:

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

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

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

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

The contractor further agrees that the language of the RFP shall govern in the event of a conflict…