Consumable Library Supplies for Department of Corrections, Various Locations

STATE OF MISSOURI MISSOURI DEPARTMENT OF CORRECTIONS CONTRACT AMENDMENT RETURN AMENDMENT NO LATER THAN JULY 31. 2019 TO: Cynthia Adkins, Procurement Officer I cynthia.adkins@doc.mo.aov (573) 526-6402 (Phone) (573) 522-1562 (Fax) FMU/PURCHAS!NG SECTION P.O. BOX 236 JEFFERSON CITY. MISSOURI 65102 DATE VENDOR IDENTIFICATION June 27, 2019 Brodart Co. 500 Arch Street WIiiiamsport. PA 17701 CONTRACT NUMBER CONTRACT DESCRIPTION Amendment 002 Consumable Library Supplies CN1722401 for Various Locations CONTRACTCN1722401 IS HEREBY AMENDED AS FOLLOWS; Pursuant to paragraphs 3.1.2 and 3.1.3 on page 11, lhe Missouri Departrnenl of Corrections desires to renew the above-referenced contracl for the period of December 1, 2019 through November 30, 2020. The Missouri Department of Corrections signalory llas changed from the Director of !he Division of Offender Rehabilitative Services to the Director of Adult Institutions. All terms.

conditions, and provisions of the previous contract perlod, including lhe percentage discount, shall remain and apply hereto. The contractor shall complete, sign, and return this document as acceptance on or before the date indicated above . ......................······ •••••••••••••• t ••••••••••••• IN WITNESS THEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT. Company 'Name: Brodart Co ----------------------------------- Maiiing Address: 500 Arch Street City, State, Zip: Williamsport, Pa 17701 Telephone: Fax: 800-578-1064888-820-4377 MissouriBUYS SYSll:M ID: 00004564 Email: supplies.quotes@brodart.com Authorized Signer's Printed Name and Title: Lisa Miosi - Vice President, Customer Care Authorized Signature: Date: THIS AMENDMENT IS ACCEPTED BY THE MISSOURI DEPARTMENT OF CORRECTIONS AS FOLLOWS: In its entirety. Date mailto:adkins@doc.mo.aov mailto:supplies.quotes@brodart.com STATE OF MISSOURI•MISSOURI .DEPAR™ENT OF CORRECTIONS CONTRACT AMENDMENT RETURN AMENDMENT NO LATER THAN NOVEMBER 30. 2018 TO: Cynthia Adkins, Procurement Officer I cvnthia.adklns@doc.mo.gov (573) 526-~02 (Phone) (573) 522-1~2 (Fax) FMUIPURqHASING SECTION P.O. BOX2:38 JEFFERSON CITY, MISSOURI 65102 DATE November19,2018 VENDOR IDENTIFICATION Attn: Benjamin Fink, Bid Conupondent BrodartCo. 500Arc:hStnlet WIiiiamsport, PA 17701 CONTRACT NUMBER Amendment 001 CN1722-401 CONTRACT DESCRIPTION Consumable Library Supplles for Various Locatlorn, CONTRACT CN1722-401 IS HEREBY AMENDED AS FOLLOWS: Pursuant to paragrapha 3.1.2 and 3.1.3 on page 11, the Missouri Department of Col'll!dions desires to renew the above-referenced contract for the period of December 1, 2018 throuth November 30, 2019. All terms, conditions, and provisions of the previous contract period, including the percent dlacount, shall remain and apply hereto. The contractor shall complete, sign, and return this cloCL1ment as acceptance on or before the date indicated above. IN WITNESS THEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT. Compan jName, B d t C~ ro ar o.-------------------------------- Malling A/:ldress: 500 Arch Street Oty, State, Zip: Williamsport, PA 17701 Telephone: 8 8 8-820-4377___,;;;..;;..;__,..,;;;............;;.________ Fax:_ 800-578-1064 MlssourlBUYS SYSTEM ID: MB O O O O 4 5 6 4 ----------------- Email: supplies.quotes@brodart.com Authorized Signer's Printed Name and Title: Lisa Miosi - Vice President, Customer Care Authorized Signature: Date: 11/20/2018 THIS AMENDMENT IS ACCEPTED BY THE MISSOURI DEPARTMENT OF CORRECTIONS AS FOLLOWS: In its entirety, Da mailto:cvnthia.adklns@doc.mo.gov INVITATION FOR BID Missouri Department of Corrections Fiscal Management Unit Purchasing Section 2729 Plaza Drive, P.O. Box 236 Jefferson City, MO 65102 Buyer of Record: Danice Chaidez Procurement Officer II Telephone: (573) 522-2109 danice.chaidez(ti)doc.mo.gov IFB931CN17224 Consumable Library Supplies FOR Department of Corrections Various Locations Contract Period: December 1, 2017 through November 30r 2018 Date of Issue: October Sr 2017 Page 1 of 37 Bids Must Be Received No Later Than: 2:00 p.m., November 2, 2017 Bids may be submitted electronically through MissouriBUYS only or a hard-copy bid may be submitted. Hard-copy bids must be SEALED and be delivered to the Missouri Department of Corrections, Purchasing Section, 2729 Plaza Drive, Jefferson City, MO 65109, or P.O. Box 236, Jefferson City, MO 65102. The vendor should dearly identify the IFB number on the lower right or left-handed corner of the container in which the bid is submitted to the Department. This number is essential for identification purposes. NOTICE OF AWARD: This bid is accepted by the Missouri Department of Corrections as follows: IN ITS ENTIRETY CN1722401 Co tract No. II ;{ Date We hereby agree to provide the services and/or items, at the price quoted, pursuant to the requirements of this document and further agree that when this document is countersigned by an authorized official of the Missouri Department of Corrections, a binding contract, as defined herein, shall exist. The authorized signer of this document certifies that the contractor {named below) and each of its principals are not suspended or debarred by the federal government. Company Name: Brodart Co. Mailing Address: 500 Arch St City, State Zip: Williamsport, PA 17701 Telephone: 888-820-4377 Fax: 800-578-1064 MissouriBUYS System ID: ~M=B~0~0~0~0-4-=--5~6_,,_4_______ Email: Supplies. Quotes@Brodart.com Fink Bid Corres ondent The original cover page, including amendments, should be signed and returned with the bid. mailto:Quotes@Brodart.com http:danice.chaidez(ti)doc.mo.gov IFB93JCNJ722 Pag,: 12 Instructions for Submitting a Solicitation Response The Department of Corrections is now posting some of its bid solicitation documents on the new MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouri's web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce. For all bid solicitations, vendors now have the option ofsubmitting their solicitation response either as an electronic response or as a hard copy response. As a means to save vendors the expense of submitting a hard copy response and to provide vendors both the ease and the timeliness of responding from a computer, vendors are encouraged to submit an electronic response. Both methods of submission are explained briefly below and in more detail in the step-by-step instructions provided at: https://missouribuys.mo.gov/pdfs/how to respond to a so!icitation.pdf. (This document is also on the Bid Board referenced above.). Notice: The vendor is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time. • ELECTRONIC RESPONSES: To respond electronically to a solicitation, the vendor must first register as a vendor with MissouriBUYS by going to the MissouriBUYS Home Page (h.ttps://missouribuys.mo.gov). clicking the "Register" button at the top of the pa@, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor's electronic bid responses successfully submitted to the state. To respond electronically to a solicitation, the vendor must login to MissouriBUYS, locate the desired solicitation on the Bid Board, and, at a minimum, the vendor must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the vendor should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Vendors should upload their completed response to these downloaded documents (including exhibits, forms, and other infonnation concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at: https://missouribuys.mo.gov/pdfs/how to respond to a=solicitation.pdf. o Vendors are encouraged to submit their entire bid electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a vendor may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation's specified end date and time. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service. o In the event a registered vendor electronically submits a solicitation response and also mails hard copy documents that are not identical, the vendor should explain which response is valid for the state's consideration. ln the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest. Addendum Document: If an addendum document has been issued, please follow these steps to accept the addendum document(s) https://missouribuys.mo.gov/pdfs/how http:h.ttps://missouribuys.mo.gov https://missouribuys.mo.gov/pdfs/how http:https://www.missouribuys.mo.gov lf'B931CN1722 Page 13 1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button. 2. To accept the addendum document, on the Overview page find the section titled Addendum Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button. Note: Ifyou submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. Ifa revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps: 1. Log into MissouriBUYS. 2. Select the Solicitations tab. 3. Select View Current Solicitations. 4. Select My List. 5. Select the correct Opportunity Number (Opportunity No); the Overview page will display. 6. Click on Review Response from the navigation bar. 7. Click on Retract if your response needs to be revised. 8. A message will come up asking, "Are you sure you want to retract the Bid". Click on Continue to confirm. 9. Click on Respond and revise as applicable. 10. Click on Review Response from the navigation bar and then click on Submit to submit your response. • HARD COPY RESPONSES: Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents. End of Instructions for Submitting Solicitation Response JFB931CN17'22 l'ag,i:? 14 TABLE OF CONTENTS This document, referred to as an Invitation for Bid {IFB), is divided into the following parts: Section One: Introduction and General Information Section Two: Performance Requirements Section Three: General Contractual Requirements Section Four: Bid Submission, Evaluation,, and Award Information Exhibit A - Pricing Page Exhibit B - Market Basket Pricing Exhibit C­ Participation Commitment Exhibit D­ Documentation of Intent To Participate Exhibit E - Miscellaneous Information Terms and Conditions Attachment 1 - Facility Delivery Listing END OF TABLE OF CONTENTS IFB93ICN1722 Pag.e 15 1. INTRODUCTION AND GENERAL INFORMATION This section ofthe IFB includes a briefintroduction and background information about the intended acquisitions and/or services for which the requirements herein are written. The contents of this section are intended for informational purposes and do not require a response. 1.1 Purpose: 1.1. l This document constitutes a request for competitive, sealed bids from prospective vendors to establish a contract for the purchase ofvarious consumable library supplies for the Missouri Department ofCorrections (hereinafter referred to as the "Department"), for twenty-three (23) institutions on an as needed, if needed basis in accordance with the requirements and provisions as set forth herein. l. l .2 The contractor shall understand and agree that consumable library supplies and similar items, within the intent of this contract, shall be made available for the department's purchase. Furniture and subscription material are not included in this contract. l .1.3 The contract shall be considered a preferred-use contract, meaning there will be situations where an institution may waive itself from using the contract so Jong as determination is supportable and in the best interest of the Department. Reasons for not using the contract shall include, but shall not be limited to, the following: • offered packaging is not usable by the institution {e.g., gross versus a dozen); • order delivery time is not meeting the institution's needs; • specific item is out of stock for an unreasonable amount of time {to be determined by the Department); • cost ofthe item exceeds historical and/or current market price; and/or • order total is below the contract minimum order amount. 1.2 Questions Regarding the IFB: 1.2. l IFB Qyestions . It is the vendor's responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the vendor believes that any language, specifications, or requirements are: { 1) ambiguous, (2) contradictory or arbitrary, or both, (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 bid. a. Except as may be otherwise stated herein, the vendor and the vendor's agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the Buyer of Record indicated on the first page of this IFB. Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the Buyer ofRecord. I) The vendor may contact the Office of Equal Opportunity (OEO) regarding MBE/WBE certification or subcontracting with MBE/WBE companies. b. All questions and issues should be submitted at least ten ( I 0) working days prior to the due date of the bid. If not received prior to ten ( 10) working days before the bid due date, the Department may not be able to fully research and consider the respective questions or issues. Questions and issues relating to the IFB, including questions related to the competitive procurement process, must be directed to the buyer. It is preferred that questions be e-mailed to the buyer at danice.chaidezwdoc.1110.i;o_y. IFl393ICN1722 Page 16 c. The Department will attempt to ensure that a vendor receives an adequate and prompt response to questions, if applicable. Upon the Department's consideration of questions and issues, if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for IFB amendment as the questions and issues did not provide further clarity to the IFB. All vendors will be advised ofany change to the IF B's language, specifications, or requirements by a formal amendment to the IFB. NOTE: The only official position of the Department shall be that which is contained in the IFB and any amendments thereto. 1.3 General Information: 1.3.1 Terms and Conditions - It is recommended that all vendors review the Terms and Conditions governing this solicitation in its entirety, giving particular emphasis to examining those sections related to: • Open Competition • Preparation ofBids • Submission of Bids • Preferences • Evaluation and Award 1.3.2 The Missouri Department of Corrections, Purchasing Section, is transitioning to the new MissouriBUYS eProcurement system. All vendors that sell products or services to the state, new or existing, will be required to register or re-register on the MissouriBUYS website at https://Missouril1UYS,JJlQ..,gill:'. Please note that there are written instructions on the "Register" tab, as well a: a Vendor Training Video. 1.4 Background Information: 1.4.1 A previous contract exists for the services being obtained via the IFB. A copy of the contract can be viewed and printed from the Department of Corrections website at: http://doc.mo.gov/DHS/Commodities Awarded.php. Please reference contract number CN662001 when searching for the document. l.4.2 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 Invitation for Bid. END OF SECTION ONE: INTRODUCTION AND GENERAL INFORMATION http://doc.mo.gov/DHS/Commodities https://Missouril1UYS,JJlQ..,gill IFB93ICNl722 Page 17 2. PERFORMANCE REQUIREMENTS This section ofthe IFB includes requirements and provisions relating specifically to the performance requirements of the Department. The contents of this section include mandatory requirements that will be required of the successful vendor and subsequent contractor. Response to this section by the vendor is requested in the Exhibit section ofthis IFB. The vendor's response. whether responding to a mandatory requirement or a desired attribute will be binding upon the vendor in the event the bid is accepted by the Department. 2.1 General Requirements: 2.1.1 Upon receipt of an authorized order from the institution, the contractor shall provide and deliver the items in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department on an as needed, if needed basis. 2.1.2 The contractor shall function as the single point ofcontact for the Department, regardless ofany subcontract arrangement made for any product or service. This shall include assuming responsibilities and liabilities for any and all issues relating to items and services provided. 2.2 Catalogs: 2.2. I The contractor shall supply a minimum oftwo (2) current catalogs/price list with products clearly identified, to all twenty-three (23) institutions, listed on Attachment 1. The catalogs/price list must be delivered to the locations to the attention of the Librarian within ten (10) working days of award of the contract and within five (5) days of any catalog revisions or updates. The contractor shall supply additional catalogs requested by each location at no additional cost. The contractor may provide on-line or electronic catalogs as a supplement only. 2.2.2 The contactor's current catalog/price list used in detennining the item price shall be the contractor's published catalog/price list offered to the public. The contractor shall not create, nor publish, a separate catalog specifically for the Department unless it results in lower cost to the Department. 2.3 Pricing Requirements: 2.3.1 The firm, fixed percentage discounts shall be as indicated on EXHIBIT A, Pricing Page. The percentage discounts shall include all packing, handling, shipping and freight charges FOB Destination, Freight Prepaid and Allowed, including any items that are drop shipped. 2.3.2 The percentage discounts shall be applied to the current catalog/price list for all items orders, regardless of manufacturer. Pricing for catalog items shall be detennined by applying the quoted discount, as indicated on EXHIBIT A, PricinJ Page, off the current price as listed in the contractor's current catalog/price list. EXAMPLE: Current Catalog Price= $20.00, Discount as indicated on EXHIBIT A, Pricing Page== 20% CALCULATION: $20.00 X .80 =$16.00 =Total Department Cost (including shipping). 2.3.3 The percentage discount listed on EXHIBIT A, Pricing Page shall remain firm for the duration of the contract period; however, the base item price shall be allowed to change as the current published pricing in the contractor's catalog/price list changes. a. The contractor's catalog/price list shall not change with a frequency greater than every six (6) months. b. It is desirable that the catalog/price list change on an annual basis only. IFB9JICNJ722 Page 18 2.3.4 The contractor shall not impose a discount "floor" when applying the quoted percentage discount to determine pricing for any item. 2.3.5 The contractor shall understand in the event that the catalog/price list more than one price for the same item, the applicable quoted finn, fixed discount shall be applied to the lowest listed price. The Department shall always receive the contractor's lowest price for the item .. 2.3.6 The contractor must pass along any publisher's specials, promotional pricing or quantity discounts that would result in a price lower than the current catalog/price list discounted selling price. 2.4 Item Packaging Requirements: 2.4.1 The contractor shall provide packaging necessary to protect items from physical and environmental damage during shipping and handling. Cushioning materials shall be included, as required, to protect and restrict movement of the items within the package. 2.5 Minimum Orders: 2.5. l There shall be no minimum order quantity amounts other than the smallest unit of order for each item as stated in the contractor's catalog. 2.5.2 The minimum order dollar amount for delivered orders shall be no more than $250.00 per order. a. The vendor should state on EXHIBIT A, Pricing Page its minimum order dollar amount. minimum order dollar amount is left blank, there shall be no minimum order dollar amount. If the b. The Department reserves the right to purchase outside the contract for delivered orders below the minimum order dollar amount. 2.6 Delivery Requirements: 2.6.1 Orders shall be placed by the institutions. The contractor must be accepting orders upon Notice of Award. Orders should be delivered to the ordering institution within fifteen (15) calendar days after receipt of authorized purchase order or purchasing card transaction notice. Any order received on the last day of the contract, must be shipped at the catalog/list price, discounted as indicated on EXHIBIT A, Pricing Page. a,. Delivery Addresses: See Attachment 1 b. Delivery must not be made on official state holidays. A list ofofficial state holidays may be found on the State ofMissouri web site at: b.t!.p://content.oa. mo.gov/personne 1/state-enm Ioyee~!.!.lQurs-work-oyerti11J_1:::~-:!JDd-ho lida)'.~- 2. 6.2 Delivery shall include unloading the shipment at the Department dock or other designated unloading site as requested by the institution. All orders must be shipped FOB Destination, Freight Prepaid and Allowed. 2.6.3 The contractor must coordinate its delivery schedule with the ordering institution. Any change in delivery schedule must be approved by the institution a minimum of twenty-four (24) hours in advance prior to the implementation date of such change. Institutions have specific times that deliveries can be accepted based on security procedures. A delivery arriving during a time the institution does not accept deliveries will be delayed or refused. Any additional cost for delay or redelivery shall be the responsibility of the contractor. a. Pursuant to paragraph l2.b in the Terms and Conditions of the IFB, a Missouri Uniform Law Enforcement System (MULES) background check may be required on the driver before allowing the vehicle to enter the facilities identified on Attachment 1. IFB931CN1722 Page 19 2.6.4 Delays in the Delivery Performance: a. If at any time the contractor should encounter conditions impeding delivery of the awarded item(s), the contractor sha11 immediately notify the Department in writing of the fact of delay, its likely duration, and its cause(s). As soon as practicable after receipt of the contractor's notice, the Department shall evaluate the situation and may, at its sole discretion, extend the contractor's time for delivery. b. A delay by the contractor in the performance of its delivery obligations shall render the contractor liable for additional costs incurred by the Department to obtain product from other sources, unless an extension of time is agreed upon pursuant to 2.6.4 a. 2.7 Product Returns 2.7. l Individual items may be returned to the contractor provided the items are in resalable condition (original, unmarked, sealed package) and are returned within thirty (30) days of receipt of the order. 2.7.2 If a restocking fee is assessed, it shall not be assessed in cases where the item was shipped in error or was otherwise damaged, defective, or received past the agreed-to delivery time. The restocking fee, if assessed, must be a fixed percentage of the invoiced charge for the returned item(s) and as stated on EXHIBIT A, Pricing Page. 2.7.3 For items shipped in error, and for defective and/or damaged items, the contractor shall arrange for the return of the item(s) in a timely manner and the contractor shall be responsible for all shipping and handling costs. 2.7.4 All returned item(s) must be credited back to the Department within two (2) working days after receipt of the item through a credit invoice. a. Ifan institution uses the purchasing card for payment ofthe returned item, the location's purchasing card shall be credited within the time frame indicated in 2.7.4. 2.8 Invoicing and Payment Terms: 2.8.1 The contractor shall accurately invoice per the finn, fixed percentage discount indicated on EXHIBIT A, Pricing Page, for each line item and shall issue one invoice per order. 2.8.2 The contractor's invoice should include any discount for prompt payment as indicated on EXHIBIT A, Pricing Page. 2.8.3 The Department may choose to use the Canteen Purchai;ing Card (Visa) in place of a purchase order to make purchases under this contract. Unless exception to this condition is indicated on EXHIBIT A, Pricing Page, the contractor agrees to accept the canteen purchasing card as an acceptable fonn of payment and may not charge any additional fees related to the use of a purchasing card such as service fees, merchant fees, and/or handling charges. 2.8.4 Each invoice submitted must be specific to one purchase order number. The purchase order number must be referenced on the invoice and the invoice must be itemizes in accordance with the item listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. Emailed invoices should contain the purchase order number in the subject line. a. If the Canteen Purchasing Card (Visa) is used for payment, an itemized invoice reflecting the charged amount must be faxed or emailed to the institution within one business day. The Canteen Purchac,ing Card shall not be charged until all goods have been received and accepted. IFB931CN!722 Png.:: 110 b. If the Department issues a purchase order, an itemized invoice shall be emailed to: DOCCanteenPayables@doc.rno.gov or mailed to: Attn: Offender Financial Services Missouri Department ofCorrections P.O. Box 1609 Jefferson City MO 65102 2.8.5 Other than the payments specified above, no other payments or reimbursements shall be made to the contractor for any reason whatsoever, including, but not limited to, taxes, shipping charges, insurance, penalties, termination payments, attorney fees, liquidated damages, etc. 2.8.6 The Department does not pay state or federal sales tax. The Department shall not make any additional payments or pay add-on charges. 2.8.7 All payment tenns shall be as stated in the terms and conditions ofthis contract. Payments will be processed based on final delivery, inspection, and acceptance of services rendered. 2.8.8 If the contractor maintains an e-commerce web application that enables Department staff to view and print invoices and invoice history, the contractor shall indicate on EXHIBIT A, Pricing Page the web site address where the Department staff may access invoices. Upon award of a contract, the contractor shall provide the Department with a customer number in order for Department staffto access invoices and invoice history. END OF SECTION TWO: PERFORMANCE REQUIREMENTS mailto:DOCCanteenPayables@doc.rno.gov lFB93lCNJ722 Page 111 3. GENERAL CONTRACTUAL REQUIREMENTS: This section ofthe IFB includes the general contractual requirements andprovisions that shall govern the contract after IFB award. The contents ofthis section include mandatory provisions that must be adhered to by the state and the contractor unless changed by a contract amendment. Response to this section by the vendor is not necessary as all provisions are mandatory. 3.1 Contractual Requirements: 3.1.1 Contract-A binding contract shall consist of: (1) the IFB and any amendments thereto, (2) the contractor's response (bid) to the IFB, (3) clarification of the bid, if any, and (4} the Department's acceptance of the response (bid) by "notice ofaward". All Exhibits and Attachments included in the IFB shall be incorporated into the contract by reference. a. A notice of award issued by the Department does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the Department, the contractor must receive a properly authorized purchase order or other form ofauthorization given to the contractor at the discretion of the Department. b. The contract expresses the complete agreement ofthe parties and performance shall be governed solely by the specifications and requirements contained therein. c. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a fonnal contract amendment signed and approved by and between the duly authorized representative of the contractor and the Department prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract. 3.1.2 Contract Period - The original contract period shall be as stated on the Notice ofAward. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for two (2} additional one-year periods, or any portion thereof; In the event the Department exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document. 3.1.3 Renewal Periods. If the option for renewal is exercised by the Department, the contractor sha11 agree that the firm, fixed percentage discount indicated on EXHIBIT A, Pricing Page shall remain the same and apply during the renewal period(s). 3.1.4 Contract Price -All prices shall be calculated by deducting the firm, fixed percentage discount, as indicated on EXHIBIT A, Pricing Page. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. a. Prices shall include all packing and handling, shipping and freight charges. Items shall be shipped FOB Destination, Freight Prepaid and Allowed. The Department shall make additional payments or pay add-on charges for freight or shipping unless specifically described and priced in the bid, or as otherwise specifically stated and allowed in the IFS. 3.1.5 Percentage Discount The contractor shall understand and agree that the finn, fixed percentage discount shall remain firm, fixed and unchanged for the entire tern of the contract and for each renewal period if the option for renewal is exercised by the Department. fFB931CN1722 Page 112 3.1.6 Termination - The Department reserves the right to terminate the contract at any time, for the convenience ofthe State ofMissouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination. 3. L.7 Contractor Liability - The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the State ofMissouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act. a. The contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract. b. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees. 3.1.8 Insurance - The contractor shall understand and agree that the Department cannot save and hold hannless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore. the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. 3.1.9 Subcontractors - Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State ofMissouri and to ensure that the State ofMissouri is indemnified, saved, and held harmless from and against any and all claims ofdamage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor. a. The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution ofa subcontract. b. The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein. 3.1.1 O Confidentiality - The contractor shall agree and understand that all discussions with the contractor and all Information gained by the contractor as a result of the contractor's performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without prior written consent of the Department. 3.1.11 Property of State - All documents, data, reports, supplies, equipment and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall become the property of the Department. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the Department. !FB931CNl722 Paµ e 113 3.1.12 Participation by Other Organizations: The contractor must comply with any Organization for the Blind/Sheltered Workshop and/or Service-Disabled Veteran Business Enterprise (SDVE) participation levels committed to in the contractor's awarded bid. a. The contractor sha!l prepare and submit to the Department a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops and/or SDVEs participating in the contract for the reporting period. The contractor must submit the report on a monthly basis, unless otherwise determined by the Department. b. The Department will monitor the contractor's compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the contractor's awarded bid. lfthe contractor's payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. Ifthe Department determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released. c. If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other organizations for the blind/sheltered workshops or other SDVEs to fulfill the participation requirements committed to in the contractor's awarded bid. I) The contractor must obtain the written approval of the Department for any new entities. This approval shall not be arbitrarily withheld. 2) lf the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Department detailing all efforts made to secure a replacement. The Department shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor's participation commitment. 3.1.13 No later than 30 days after the effective date of the first renewal period, the contractor must submit an affidavit to the Department. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contactor may use the affidavit available on the Office of Administration/Division of Purchasing and Materials Management's website at httR:// oa.mo.gov/sites/default/ftles/bswaffidavit.doc or another affidavit providing the same infonnation. 3. I .14 Contractor Status - The contractor is an independent contractor and shall not represent the contractor or the contractor's employees to be employees of the State of Missouri or a Department of the State ofMissouri. The contractor shall assume all legal and financial responsibility for salaries, taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the Department, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters. 3.1.15 Order Quantities - The Department makes no guarantees about single order quantities or total aggregate order quantities. 3.1.16 Substitution of Products - The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior \\>Titten approval of the Department. a In the event an item becomes unavailable, the contractor shall be responsible for providing a suitable substitute item. The contractor's failure to provide an acceptable substitute may result in cancellation or termination of the contract. lFB93JCNl722 Page I14 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 Department shall be the final authority as to acceptability ofany proposed substitution. c. Any item substitution shall require a formal contract amendment authorized by the Department 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 Department. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons ofunprofitability to the contractor. 3.1.17 Replacement ofDamaged Product - The contractor shall be responsible for replacing any item received in damaged condition at no cost to the Department. This includes all shipping costs for returning non­ functional items to the contractor for replacement. 3.1.18 Contract Audits -The Department reserves the right to investigate and/or audit the prices charged by the contractor to the Department, with or without notices to the contractor, at the expense of the Department. If it is determined that the contractor has charged prices to the Department 3.1.19 Delivery Performance - The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the Department upon receipt of an authorized purchase order or P-card transaction notice. 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 Department. END OF SECTION THREE: GENERAL CONTRACTUAL REQUIREMENTS IFB93 l CN 172?. 1~ age I 15 4. BID SUBMISSION, EVALUATION, AND A WARD INFORMATION 4.1 Submission of Bids: 4.1. 1 On-line Bid - If a registered vendor is responding electronically through the MissouriffCYS System website, in addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other infonnation concerning the bid as an attachment to the electronic bid. The registered vendor is instructed to review the IFB submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html. a. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments. b. In addition, a registered vendor may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time. c. If a vendor submits an electronic and hard copy bid response and if such responses are not identical, the vendor should explain which response is valid. In the absence of an explanation, the Department shalJ consider the response which serves its best interest. 4.1.2 Hard Copy Bid - If the vendor is submitting a bid via the mail or a courier service or is hand delivering the bid, the vendor .should include completed exhibits, forms, and other information concerning the bid (including completed Pricing Page(s) with the bid. The vendor is instructed to review the IFB submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. a. Recycled Products - The State of Missouri recognizes the limited nature of our resources and the leadership role of government agencies in regard to the environment. Accordingly, the vendor is requested to print the bid double-sided using recycled paper, if possible, and minimize or eliminate the use of non-recyclable materials such as plastic report covers, plastic dividers, vinyl sleeves, and binding. Lengthy bids may be submitted in a notebook or binder. 4.1.3 Open Records - Pursuant to section 610.021, RSMo, the bid shall be considered an open record after the bids are opened. Therefore, the vendor is advised not to include any information that the vendor does not want to be viewed by the public, including personal identifying information such as social security numbers. a. Additionally, after a contract is executed the contract is scanned into the Department's imaging system. The scanned information will be available for viewing through the Internet at http://doc.mo.gov/DHS/Contracts,php. b. In preparing a bid, the vendor should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the bid and should limit bid content to items that provide substance, quality of content, and clarity of information. 4. l.4 Submission of Information - To facilitate the evaluation process, the vendor is encouraged to submit bid infonnation by sections that correspond with the individual evaluation categories described herein. The vendor is cautioned that it is the vendor's sole responsibility to submit necessary information. The Department is under no obligation to solicit any infonnation ifit is not included with the bid. The vendor's http://doc.mo.gov/DHS/Contracts,php https://missouribuys.mo.gov/bidboard.html IF8931CN!722 Pa~ e I 16 failure to submit infonnation with the bid, including pricing and renewal information, may cause an adverse impact on the evaluation of the bid. 4.1.5 Contact Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc. related to the bid document must be referred to the Buyer of Record identified on the first page of this document. Such communication should be received at least ten (10) calendar days prior to the official bid opening date. 4.1.6 Compliance with Terms and Conditions - The vendor is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain other terms and conditions which conflict with those of the IFB and its contractual requirements. The vendor agrees that in the event of conflict between any of the vendor's terms and conditions and those contained in the lFB, that the IFB shall govern. Taking exception to the Department's terms and conditions may render a vendor's bid non­ responsive and remove it from consideration for award. 4.1.7 Bid Detail Requirements and Deviations - It is the vendor's responsibility to submit a bid that meets all mandatory specifications stated herein. The vendor should clearly identify any and all deviations from both the mandatory and desirable specifications stated in the IFB. Any deviation from a mandatory requirement may render the bid non-responsive. Any deviation from a desirable specification may be reviewed by the Department as to its acceptability and impact on competition. 4.2 Market Basket Pricing and Finn, Fixed Percentage Discount: 4.2. l The vendor must quote a firm, fixed percentage discount for all line items on EXHIBIT A, Pricing Page. a. If any line item is left blank, the percentage shall be interpreted as zero (0) discount. b. Multiple percentage discounts shall be unacceptable. 4.2.2 The vendor must fully complete EXHIBIT B, Market Basket Pricing. The prices quoted for each item in the Market Basket Pricing must be the current catalog/price list for the item. 4.2.3 EXHIBIT B, Market Basket Pricing must be completed by the vendor and included with the vendors bid response. If the vendor utilizes MissouriBUYS to submit its bid, EXHIBT B, Market Basket Pricing must be uploaded and included with the online bid response. 4.3 Evaluation of Cost: 4.3.1 After determining that a bid satisfies the mandatory requirements stated in the IFB, the evaluator shall use objective analysis in conducting a comparative assessment of the bid. 4.3.2 The evaluation of cost shall be objective and based on the finn, fixed discount stated on EXHIBIT A, Pricing Page applied to the quoted prices on EXHIBIT B, Market Basket Pricing. 4.3.3 After the discounted cost of each item on EXHIBIT B, Market Basket Pricing is calculated, the total of all items shall be added together to arrive at the sum total market basket cost for each line item listed on EXHIBIT A, Pricing Page. 4.3.4 For evaluation purposes only, the total original contract period cost shall be determined by adding the sum totals for each line together. 4.3.5 To evaluate the restocking charge, one market ba;kct item will be picked at random and the cost multiplied by the restocking percentage to obtain a restocking cost. The restocking cost will be added to the sum total market basket cost to obtain a total bid price. The same market basket item will be used for all vendors. lfB931CNl722 Pag1: j17 4.3.6 Unit ofMeasure: If the unit ofmeasure specified on EXHIBIT B, Market Basket Pricing is different than the manner in which the vendor offers that item, then the unit of measure being proposed by the vendor must be clearly identified on EXHIBIT B, Market Basket Pricing. All mathematical conversions should be shown by the vendor and must be provide upon specific request from the Buyer of Record. a. In the cost evaluation, a unit price conversion will be done to fairly evaluate bid prices. Vendors are encouraged to contact the Buyer ofRecord prior to submission ofbid to discuss anticipated unit modifications. The vendor is cautioned the Department reserves the right to clarify the unit of measure modifications. 4.3.7 Cost evaluation points shall be detennined from the result of the calculations stated above using the following fonnula: Lowest Responsive Vendor' Bid Price x Maximum Cost Assigned Cost Points Compared Vendor's Bid Price Evaluation Points (100) a. NOTE: The prompt payment discount termsJm contracts will nol be used in any cost calculation. 4.4 Determination for Award: 4.4. l The Department reserves the right to award to the vendor whose bid complies with all mandatory specifications and requirements, is the lowest and best vendor for the items. 4.4.2 Only one award for all line items shall be made to the vendor who meets the requirements and who is the lowest responsive vendor with the highest total cost points. Other factors that affect the determination of the lowest price responsive vendor include consideration of the Missouri Service-Disabled Veteran Business Preference and Organization for the Blind and Sheltered explained in the paragraphs 4.5 and 4.6. 4.4.3 Determination of Lowest. Priced Vendor including Consideration of Preferences - After completing the cost evaluation and determining preference bonus points, the vendor with the most points is considered the lowest vendor. Total points shall be computed for the total evaluated bid price as follows: Assigned Cost Points+ Earned Preference Points= Total Points a. NOTE: The prompt payment discount terms on contracts will not be used in any cost calculation. 4.4.4 The Department reserves the right to reject any bid which is detennined unacceptable for reasons which may include but are not necessarily limited to: I) failure of the vendor to meet mandatory general performance specifications; and/or 2) failure of the vendor to meet mandatory technical specifications; and/or, 3) receipt of any information, from any source, regarding delivery of unsatisfactory product or service by the vendor within the past three years. As deemed in its best interests, the Department reserves the right to clarify any and all portions of any vendor's offer. 4.5 Organizations for the Blind and Sheltered Workshop Preferences: 4.5.1 Pursuant to section 34.165, RS Mo, and 1 CSR 40-1.050, a ten ( 10) bonus point preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified nonprofit organization for the blind established pursuant to 41 lJ .S.C. sections 46 to 48c or a sheltered workshop holding a certificate of approval from the Department of Elementary and Secondary Education pursuant to section 178.920, RSMo. 4.5.2 In order to qualify for the ten bonus points, the following conditions must be met and the following evidence must be provided: IF8931CNl722 Paµ,L' 118 a. The vendor must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million. b. The services performed or the products provided by an organization for the blind or sheltered workshop must provide a commercially useful function related to the delivery of the contractually­ required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the organization for the blind or sheltered workshop is utilized, to any extent, in the vendor's obligations outside ofthe contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. c. If the vendor is proposing participation by an organization for the blind or sheltered workshop, in order to receive evaluation consideration for participation by the organization for the blind or sheltered workshop, the vendor must provide the following infonnation with the bid: 1) Participation Commitment - The vendor must complete EXHIBIT C, Participation Commitment, by identifying the organization for the blind or sheltered workshop and the commercially useful products/services to be provided by the listed organization for the blind or sheltered workshop. If the vendor submitting the bid is an organization for the blind or sheltered workshop, the vendor must be listed in the appropriate table on the Participation Commitment Form. 2) Documentation of Intent to Participate - The vendor must either provide a properly completed EXHIBIT D, Documentation of Intent to Participate Form, signed and dated no earlier than the IFB issuance date by the organization for the blind or sheltered workshop proposed or must provide a recently dated letter of intent signed and dated no earlier than the IFB issuance date by the organization for the blind or sheltered workshop which: (I) must describe the products/services the organization for the blind/sheltered workshop will provide and (2) should include evidence of the organization for the blind/sheltered workshop qualifications (e.g. copy of certificate or Certificate Number for Missouri Sheltered Workshop). NOTE: If the vendor submitting the bid is an organization for the blind or sheltered workshop, the vendor is not required to complete EXHIBIT D, Documentation of Intent to Participate Form or provide a recently dated letter of intent. d. A list of Missouri sheltered workshops can be found at the following Internet address: http://dese.rno.gov/special-education/sheltered-workshops/directories e. The websites for the Missouri Lighthouse for the Blind and the Alphapointe Association for the Blind can be found at the following Internet addresses: http://www.lhhindustries.com http://www.alphapointe.orn. f. Commitment - If the vendor's bid is awarded, the organization for the blind or sheltered workshop participation committed to by the vendor on EXHIBIT C, Participation Commitment, shall be interpreted as a contractual requirement. 4.6 Missouri Service-Disabled Veteran Business Enterprise (SDVE) Preference: 4.6. l Pursuant to section 34.074, RSMo, and 1 CSR 40-1.050, the Department has a goal of awarding three (3) percent of all contracts for the performance of any job or service to qualified service-disabled veteran business enterprises (SDVEs). A three (3) point bonus preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified SDVE. http://www.alphapointe.orn http:http://www.lhhindustries.com http://dese.rno.gov/special-education/sheltered-workshops/directories IFB931CNl72'.Z pa g C I 19 a. In order to qualify for the three bonus points, the following conditions must be met and the following evidence must be provided: l) The vendor must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value. 2) The services performed or the products provided by the SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added vaJue to the contract and shaJI be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by the SDVE are utilized, to any extent, in the vendor's obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. 3) In order to receive evaluation consideration for participation by the SDVE, the vendor must provide the following information with the bid: ✓ Participation Commitment - The vendor must complete EXHIBIT C, Participation Commitment, by identifying each proposed SDVE, the committed percentage of participation for each SDVE, and the commercially useful products/services to be provided by the listed SDVE. If the vendor submitting the bid is a quaJified SDVE, the vendor must be listed in the appropriate table on the Participation Commitment Form. ✓ Documentation of Intent to Participate - The vendor must either provide a properly completed EXHIBIT C, Documentation of Intent to Participate Form, signed and dated no earlier than the IFB issuance date by each SDVE or must provide a recently dated letter of intent signed and dated no earlier than the IFB issuance date by the SDVE which: (1) must describe the products/services the SDVE will provide and (2) must include the SDV Docwnents described below as evidence that the SDVE is qualified, as defined herein. ✓ Service-Disabled Veteran (SDV) Documents - If a participating organization is an SDVE, unless previously submitted within the past five (5) years to the DEPARTMENT or to the Office of Administration, Division of Purchasing and Materials Management, the vendor must provide the fol1owing Service-Disabled Veteran {SDV) documents: • a copy of the SDV's award letter from the Department of Veterans Affairs or a copy of the SD V's discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty); and • a copy of the SDV's documentation certifying disability by the appropriate federal agency responsible for the administration of veterans' affairs. NOTE: If the vendor submitting the bid is a qualified SDVE, the vendor must include the SDV Documents as evidence that the vendor qualifies as an SDVE. However, the vendor is not required to complete EXHIBIT D, Documentation of Intent to Participate Form or provide a recently dated letter of intent. b. Commitment - If awarded a contract, the SDVE participation committed to by the vendor on EXHIBIT C, Participation Commitment, shall bejnterpreted as a contractual requirement. c. Definition - Qualified SDVE: 1) SDVE is doing business as a Missouri firm, corporation, or individual or maintaining a Missouri office or place of business, not including an office of a registered agent; IFl3931CNI722 Page I20 2) SDVE has not less than fifty-one percent (51%) of the business owned by one (I) or more service-disabled veterans (SDVs) or, in the case of any publicly-owned business, not less than fifty-one percent (51%) of the stock ofwhich is owned by one (1) or more SDVs; 3) SDVE has the management and daily business operations controlled by one (I) or more SDVs; 4) SDVE has a copy of the SDV's award letter from the Department ofVeterans Affairs or a copy of the SDV's discharge paper (DD Form 214, Certificate of Release or Discharge from Active .Duty), and a copy of the SDV's documentation certifying disability by the appropriate federal agency responsible for the administration of veterans' affairs; and 5) SDVE possesses the power to make day-to-day as well as major decisions on matters of management, policy, and operation. 4.7 Other Bid Submission Requirements: 4.7.I Minimum Orders - The vendor should state on EXHIBIT A, Pricing Page its minimum order dollar amount. If the minimum order dollar amount is left blank, there shall be no minimum order dollar amount. 4.7.2 Catalog - In order for the Buyer of Record to verify the vendor's pricing during the cost evaluation, the vendor should include the current catalog/price list used for EXHIBIT B, Market Basket Pricina; with its bid response. Failure to include the current catalog/price list may render the vendor's bid as non-responsive. 4.7.3 The vendor should complete the "Terms" and the ''Vendor's Acceptance of the Canteen Purchasing Card" sections on EXHIBIT A, Pricin& Page. 4.7.4 Miscellaneous Information - The vendor should complete and submit EXHIBIT E, Miscellaneous Information. 4.7.5 Business Compliance - The vendor must be in compliance with the laws regarding conducting business in the State of Missouri. The vendor certifies by signing the signature page of this original document and any amendment signature page(s} or· by submitting an on-line bid that the vendor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. The vendor shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include, but not necessarily be limited to: a. b. c. d. e. f. Registration of business name (if applicable) with the Secretary of State at: http://sos.mo.gov/busines;,/starlBusiness.asn Certificate ofauthority to transact business/certificate of good standing (if applicable) Taxes (e.g., city/county/state/federal) State and local certifications (e.g., professions/occupations/activities) Licenses and permits (e.g., city/county license, sales permits) Insurance (e.g., worker's compensatioru'unemployment compensation) The vendor should refer to the Missouri Business Portal at http://business.mo.gov for additional infonnation. END OF SECTION FOUR: BID SUBMISSION, EVALUATION, AND AWARD INFORMATION IFB931CNl722 P a g. e I 21 EXHIBIT A PRICING PAGE The vendor shall state a firm, fixed percentage discount for all consumable library supplies listed in the vendor's catalog/price list. Pricing offered under the contract for all catalog/price list items shalt be determined by applying the quoted discount to the prices as listed in the vendor's current published catalog/price list. The discount offered shall remain firm, fixed for the duration ofthe contract period, including subsequent renewals (see paragraph 3.1.3). However, the base item price as listed in the vendor's published catalog/price list will be allowed to change (see paragraph 2.3.3). Line Item Firm, Fixed Item Description '" Percent Discount UNSPSC Code: 41105900 - Libraries and related materials Firm, fixed discount from current published catalog/price list for 1~ % consumable library supplies from all manufacturers. 001 Firm, fixed restocking fee (percentage of the invoiced charge) for 20 %002 returned item(s) as described in Section 2.7.2 Catalog/Price List: The vendor must identify the catalog/price list that discount pricing shall be applied to (provide name and date published). Current Brodart Supplies & Furnishings Catalog and online at ShopBrodart.com Minimum Order Amount: Vendor shall state its minimum order dollar amount for delivered orders: $ n / a ------ (Not to exceed $250) Delivery: The desired delivery is fifteen (15) calendar days after the receipt of a properly executed order. If the vendor's delivery is different, the vendor should state the number of calendar days for delivery after receipt of order: 10-14 days ARO. Web Site: The vendor should state web site address if online invoicing is available: _..:..,n'--'-/-"a'--______ EXHIBIT A, Pricing Page continued on next page. http:ShopBrodart.com I I' B 9 3 I C N l 7 2 2 Pa g ~ I22 EXHIBIT A, Pricing Page (Continued) Payment Terms: The vendor should state below its discount terms offered for the prompt payment of invoices. _n_/_a____ % discount off total invoice price if paid within _N_e_t_3_0____ calendar days of the Department's receipt of invoice. Vendor's Acceptance of the Canteen Purchasing Card (Visa): The vendor should indicate agreement/disagreement to allow the Department to make purchases using the canteen purchasing card (Visa). If the vendor agrees, the vendor shall be responsible for all service fees, merchant fees and/or handing fees. Furthermore, the vendor shall agree to provide the items at the prices stated herein. Agreement_✓_______ Disagreement _______ By signing, the vendor hereby declares understanding, agreement and certification of compliance to provide the items at the prices quoted, in accordance with all requirements and specification contained herein and the Terms and Conditions. The vendor further agrees that the language of this IFB shall govern in the event of a conflict with its bid. Company Name: Broda rt Co. Authorized Signature: Printed Name: Benjamin Fink~?7~ Date: November 2, 2017 Email: Supplies.Quotes@Brodart.com END OF EXHIBIT A, Pricing Page mailto:Supplies.Quotes@Brodart.com lFB93.lCNl722 Pagc'.123 EXHIBIT B Market Basket Pricine The vendor must complete and submit EXHIBIT B, Market Basket Pricini, failure to do so shall render the vendor's bid as non-responsive. For purpose of cost evaluation, the vendor must price all market basket items listed below. The vendor must indicate below the current catalog/price list and the page number where the item appears in its catalog. The published catalog/price list price must be verifiable in the vendor's current catalog/price list submitting with the bid response. If an item does not appear in the vendor's current catalog/price list, the vendor must submit documentation showing that the price listed is its standard price. The market basket pricing is for evaluation purposes only and shall not be construed as contractually biding pricing specific to the line items listed below. The listing of line items shall not limit the Department to purchase I h . r ed .ontv t e items 1st LINE DESCRIPTION QUANTITY UNIT CATALOG/PRICE CATALOG ITEM LIST PRICE PAGE NUMBER 00] Scotch 845 Book Tape 3.5 mil polypropylene, 45 lbs. tensile Roll $8.15 351 strength, 3" Core, 2" width, 15 yds. len!rth 002 Kapco Easy Cover II Two-Piece Paperback Protectors Pack of25 I 5 mil ridge polyester covers with acid- $38.751 21free non-yellowing pennanent adhesive 2 mil spine protection i8 ½" hei!ilit x5 ¾" width 003 Vistafoil Laminate 4 mil gloss vinyl Repositionable delayed bond acid-free Roll1 adhesive $32.05 22 Bonds permanently in 12-24 hours Double center slit liner (one removable strip down center) 600" len!rth x 8" width 004 Reddi-Covers Paperback Covers 5 mil clear flexible polypropylene Pack of50 Center strip release liner with $45.25 191 repositionable delayed bond adhesive Release liner with printed grid 8 ½" heie:ht x 13" width 005 Scotch 681 Reinforcing Tape $13.65 321 Roll 3" core, ½" width, 72 vds. length 006 2.4 mil, 25 lb. tensile strength Easy Bind Tyvek High-tack adhesive hinge .Tape, White, 7 mil thickness, 20 Roll lb. tensile strength, 3" core, l/8" peel n' i place 1 $13.35 311 centering stripe l ¼" wide, 100' length tI Ii END OF EXHIBIT B, Market Basket Pricing lFB931CN172'2 rag c j 24 EXHIBITC PARTICIPATION COMMITMENT Organization for the Blind/Sheltered Workshop and/or Service..,Disabled Veteran Business Enterprise (SDVE) Participation Commitment- If the vendor is committing to participation by or if the vendor is a qualified organization for the blind/sheltered workshop and/or a qualified SDVE, the vendor must provide the required information in the appropriate table(s) below for the organization proposed and must submit the completed exhibit with the bid. Organization for the Blind1Sheltered Work,hop Commitment T:ihle B:: c,)mp!c1i11g th, \,\l•k. 11-: \s.;•,,l,,i lu11111111, 1,, iii~ u,,, ,,11'1.: "igc111i1cit·,,11 st'. th1e gtc.'c1h::1 ,)j"'t,:, ODO ,,1· :''·0 ol the ,1ctuc1I toul d, ii Lu \ ,dus: ,,1· L011\1,1l\ (The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide a commercially useful function related to the delivery ofthe contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance ofthe contract.) Name of Organization for the Blind or Sheltered Workshop Proposed Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered Workshop 17w rendor should also induc/;;: the paragraph m11J1h;;n1')/iwn the JFB l!'hich requires !he producl/~en·ici! 1!1c' mxani:::urirm/iir Thi! hlimVi;/wltered 11'orkshop is proposed Io pe1jun11 ,md descrihl! how the proposedproduc·/~~e,-vice co11stit11les added wdue and will be exclusiw: lo the cunrracl. n/a Product/Service(s) proposed: lF8 Paragraph Reforences: ProductiService(s) proposed: IFB Paragraph Ref-erences: SDVE P,ll"ticipation Commitment Tiiblc (The services performed or the products provided by the listed SDVE must provide a commercially useful function related to the delivery ofthe contractually-required service/product in a manner that will constitute an added value to the contract and shall be rfonned/ rovided exclusive to the erfonnance of the contract. Name of Each Qualified Service­ Disabled Veteran Business Enterprise (SDVE) Proposed n/a Total SDVE Percentage: Committed Percentage of Participation for Each SDVE (% ofthe Actual Total Contract Value) Description of Products/Services to be Provided by Listed SDVE 71w rem.for s!iould al.w include' Ihe rwrugrup/1 m,mber(s) fi"()Jn 1h2 /FB wl1ich requin1s the prod11c/.i\·e1Tii.:e the SDVE is proposed 10 per/(1tm ,l!ld describe how !hi! proposed prod11cf/.\'C:rl'ice c·onstitwes added 1·a/11e 1.md will be excln~ive tu the i.:0111racr Product/Service( s) proposed: lfB Pm-agraph References: Product/Service(s) proposed: l----1rn --------------·--·--·--·----··-····--···-·-·-· Paragraph Rcfer.:nces: --------------- IFB931CNl722 Pa g.:: j 25 EXHIBITD DOCUMENTATION OF INTENT TO PARTICIPATE lfthe vendor is proposing to include the participation ofan Organization for the Blind/Sheltered Workshop and/or qualified Service-Disabled Veteran Business Enterprise (SDVE) in the provision of the products/services required in the IFB, the vendor must either provide a recently dated letter of intent, signed and dated no earlier than the IFB issuance date, from each organization documenting the following information, or complete and provide this Exhibit with the vendor's bid. ~ Copy This Form For Each Organization Proposed - Vendor Name: This Section To Be Com leted by Partici >atino Oroanization: By completing and ·signing this farm, the undersigned hereby canfim1s the intent of the named participating organization to provide the prorlucts/seroices irlen tified herein JM the vendor identified above. Indicate appropriate business classification(s): Organization for the Blind Sheltered Workshop SDVE Name of Organization: n/a (Name of Organization for the Blind, Sheltered Workshop, or SDVE) Contact Name: Email: Address (If SDVE, provide Phone#: MO Address): City: Fax#: --------------- --------··--- State/Zip: Certifi cation # --------------- ----------- SDVE's Website Certification (or attach copy ofcertification) Address: Expiration Date: Service-Disabled SDV's Veteran's (SDV) Name: --------------- Signature: (Please Print) PRODUCTS/SERVICES PARTICIPATING ORGANIZATION AGREED TO PROVIDE Describe the products/services you (as the participating organization} have agreed to provide: \utho,·izcd Siona tu re: Authorized Signature ofParticipating Organization Date (Organization for the Blind. Sheltered Work.shop, or SDVE) (Dated no earlier than the IFB issuance dare} IFB931CNl722 !' a !e- e I26 EXHIBIT D (continued) n/a DOCUMENTATION OF INTENT TO PARTICIPATE SERVIC~DISABLED VETERAN BUSINESS ENTERPRISE (SDVE) If a participating organization is an SDVE, unless the Service-Disabled Veteran's (SDV) documents were previously submitted within the past five (5) years to the state agency or to the Office of Administration, Division of Purchasing and Materials Management (DPMM), the vendor .fil!!fil provide the following SDV documents: • a copy of the SDV's award letter from the Department of Veterans Affairs or a copy of the SDV's discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty); and • a copy of the SDV's documentation certifying disability by the appropriate federal agency responsible for the administration of veterans' affairs. (NOTE: The SDV's award letter, the SDV's discharge paper, and the SDV's documentation certifying disability shall be considered confidential pursuant to subsection 14 of section 610.021, RS Mo.) The vendor should check the appropriate statement below and, if applicable, provide the requested information. 0 No, I have not previously submitted the SDV documents specified above to the state agency or to the Office of Administration, Division of Purchasing and Materials Management (DPMM) and therefore have enclosed the SDV documents. 0 Yes, I previously submitted the SDV documents specified above within the past five (5) years to the state agency. 0 Yes, I previously submitted the SDV documents specified above within the past five (5) years to the Office ofAdministration, Division of Purchasing and Materials Management (DPMM). Date SDV Documents were Submitted: __________ Previous Bid/Contract Number for Which the SDV Documents were Submitted: ______ (if known) (NOTE: If the SDVE and SDV are listed on the DP SDVE database located at http://oa.mo.gov/rurchasing/vendor­ infonnation/missouri-service-disabled-veteran-business-enterprise-sdve-infonnation , then the SDV documents have been submitted to the DP within the past five [5] years. However, ifit has been determined that an SDVE at any time no longer meets the requirements stated above, the DP will remove the SDVE and associated SDV from the database.) FOR STAT[ t 1SE ONL\ SDV's Documents - Verification Completed By: Procurement Officer Date http://oa.mo.gov/rurchasing/vendor IFB931CN1722 Pa gt• 127 EXHIBITE MISCELLANEOUS INFORMATION Missouri Secretary of State/Authorization to Transact Business In accordance with section 351.572. l, RSMo, the Department is precluded from contracting with a vendor or its affiliate who is not authorized to transact business in the State of Missouri. Vendors must either be registered with the Missouri Secretary of State, or exempt per a specific exemption stated in section 351.572.1, RSMo. fhttn://www.moQa.mo.1rov/mostatutes/stathtml/3510000572 l .html) 1 If the vendor is registered with the Missouri Secretary of State, the vendor shall state legal name or charter number assigned to business entity Legal Name: Brodart Co Missouri State Charter # 11964928 If the vendor is not required to be registered with the Missouri Secretary of State, the vendor shall state the specific exemption stated per section 351.572.1, RSMo. State specific exemption (List section and paragraph number) Stated in section 351.572.l RSMo, (State Legal Business Name) Employee Bidding/Conflict of Interest: j Vendors who are 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 105.450 to 105.458, RSMo, regarding conflict of interest. If the vendor or any owner of the vendor's organization is currently an elected or appointed official or an employee of the State of Missouri or any oolitical subdivision thereof, olease provide the following information: ! Name and title of elected or appointed official or employee of the State of Missouri or any political subdivisionthereof: n/a If employee of the State of Missouri or political subdivision thereof, provide name of Department or oolitical subdivision where emoloved: I Percentage of ownership interest in vendor's organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof: % L lFB93JCNl722 Pug i: I28 STATE OF MISSOURI MISSOURI DEPARTMENT OF CORRECTIONS TERMS AND CONDITIONS - INVITATION FOR BID 1. TERMINOLOGY/DEFINITIONS Whenever the following words and expressions appear in an Invitation for Bid (IFB) document or any addendum thereto, the definition or meaning described below shall apply. a. 1 CSR 40-1 (Code of State Rei:ulations) refers to the rule that provides the public with a description of the Division of Purchasing and Materials Management within the Office of Administration. This rule fulfills the statutory requirement of section 536.023(3), RSMo. b. Agency and/or Department means the Missouri Department of Corrections. c. Addendum means a written official modification to an IFB. d. Amendment means a written, official modification to a contract. e. Attachment applies to all forms which are included with an IFB to incorporate any informational data or requirements related to the performance requirements and/or specifications. f. Bid Opening Date and Time and similar expressions mean the exact deadline required by the IFB for the receipt of sealed bids. g. Vendor means the person or organization that responds to an IFB by submitting a bid with prices to provide the equipment, supplies, and/or services as required in the IFB document. h. Buyer or Buyer of Record means the procurement staff member of the Department. The Contact Person as referenced herein is usually the Buyer of Record. Contract means a legal and binding agreement between two or more competent parties for consideration for the procurement ofequipment, supplies. and/or services. j. Contractor means a person or organization who is a successful vendor as a result of an IFB and who enters into a contract. k. Exhibit applies to forms which are included with an IFB for the vendor to complete and submit with the sealed bid prior to the specified opening date and time. I. Invitation for Bid {IFB) means the solicitation document issued by the Department to potential vendors for the purchase ofequipment, supplies, and/or services a'l described in the document. The definition includes these Terms and Conditions as well as all Exhibits, Attachments, and Addendums thereto. m. May means that a certain feature, component, or action is permissible, but not required. n. Must means that a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive. o. Pricin& Page{s) applies to the Exhibit on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the IFB. The pricing pages must be completed and submitted by the vendor with the sealed bid prior to the specified bid opening date and time. p. RSMo (Revised Statutes of Missouri) refers to the body oflaws enacted by the Legislature which govern the operations of all agencies ofthe State of Missouri. Chapter 34 of the statutes is the primary chapter governing the procurement operations of the Department. q. Shall has the same meaning as the word must. r. Should means that a certain feature, component, and/or action is desirable but not mandatory. 2. APPLICABLE LAWS AND REGULATIONS a. The contract shall be construed according to the laws ofthe State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance ofthe contract to the extent that the same may be applicable. b. To the extent that a provision of the contract is contrary to the Constitution or laws of the State ofMissouri 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 the Department. c. 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. lFB93ICN1722 p authorized designee is the only person authorized to approve changes to any of the requirements of the contract. 4. OPEN COMPETITION/INVITATION FOR BID DOCUMENT a It shall be the vendor's responsibility to ask questions, request changes or clarification, or otherwise advise the Department if any language, specifications or requirements of an IFB appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements or evaluation process stated in the IFB to a single source. Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc., must be directed to the Buyer of Record of the Department, unless the lFB specifically refers the vendor to another contact. Such communication should be received at least ten (10) calendar days prior to the official bid opening date. b. 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 bid process, all vendors will be advised, via the issuance ofan addendum to the IFB, of any relevant or pertinent information related to the procurement. Therefore, vendors are advised that unless specified elsewhere in the IFB, any questions received less than ten ( I 0) calendar days prior to the IFB opening date may not be answered. c. Vendors are cautioned that the only official position of the State of Missouri is that which is issued by the Department in the IFB or an addendum thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement. d. The Department monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among vendors, price-fixing by vendors, or any other anticompetitive conduct by vendors which appears to violate state and federal antitrust laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for appropriate action. e. Some IFBs may be available for viewing and downloading on the Department's website or on the MissouriBUYS Statewide eProcurement System. For IFB's posted on MissouriBUYS, registered vendors are electronically notified of those bid opportunities that match the commodity codes for which the vendor registered in MissouriBUYS. If a registered vendor's e-mail address is incorrect, the vendor must update thee­ mail address . themselves on the state's MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ f. The Department reserves the right to officially amend or cancel an IFB after issuance. It shall be the sole responsibility of the vendor to monitor the Department's website and the MissouriBUYS Statewide eProcurement System to obtain a copy ofthe addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the IFB was established and registered vendors who have responded to the lFB on­ line prior to an addendum being issued should receive e-mail notification ofthe addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the IFB was established and registered vendors who have responded to the bid on-line prior to a cancellation being issued should receive e-mail notification of a cancellation issued prior to the exact end date and time specified in the IFB. 5. PREPARATION OF BIDS a. Vendors must examine the entire IFB carefully. Failure to do so shall be at the vendor's risk. http:https://missouribuys.mo.gov I F 13 9 3. l C N l 7 2 2 b. Unless otherwise specifically stated in the IFB, all specifications and requirements constitute minimum requirements. All bids must meet or exceed the stated specifications and requirements. c. Unless otherwise specifically stated in the IFB, any manufacturer names, trade names, brand names, information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the bid. In addition, the vendor shall explain, in detail, (l) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Bids which do not comply with the requirements and specifications are subject to rejection without clarification. d. Bids lacking any indication of intent to bid an alternate brand or to take an exception shall be received and considered in complete compliance with the specifications and requirements as listed in the IFB. e. In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an IFB, such a vendor may submit a bid which contains a list of statutory limitations and identification of those prohibitive clauses. The vendor should include a complete list of statutory references and citations for each provision of the IFB which is affected by this paragraph. The statutory limitations and prohibitive clauses may be requested to be clarified in writing by the Department or be accepted without further clarification if statutory limitations and prohibitive clauses are deemed acceptable by the Department. If the Department determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent ana compliance of such law and/or court order and the IFB. f. All equipment and supplies offered in a bid must be new, of current production, and available for marketing by the manufacturer unless the IFB clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered. g. Prices shal1 include all packing, handling and shipping charges, and shall be delivered to the Department's designated destination FOB destination, freight prepaid and allowed unless otherwise specified in the IFB. h. Bids, including all pricing therein, shall remain valid for 90 days from the bid opening unless otherwise indicated. If the bid is accepted, the entire bid, including al1 prices, shall be finn for the specified contract period. 1. Any foreign vendor not having an Employer Identification Number assigned by the United States Internal Revenue Service (IRS)must submit a completed IRS Form W-8 prior to or with the submission of their bid in order to be considered for award. 6. SUBMISSION OF BIDS a. Delivered bids must be sealed in an envelope or container, and received in the Department's Purchasing office located at the address indicated on the cover page of the IFB no later than the exact opening time and date specified in the IFB. For bids posted on the MissouriBUYS Statewide eProcurement System, registered vendors may submit bids electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/. All bids must be submitted by a duly authorized representative of the vendor's organization, contain all information required by the IFB, and be priced as required. Vendors are cautioned that bids submitted via the USPS, including first class mail, certified mail, Priority Mail and Priority Mail Express, are routed through the Office of Administration Central Mail Services and the tracking delivery time and date may not be the time and date received by the Department's Purchasing office. Regardless of delivery method, it shall be the responsibility of the vendor to ensure their bid is in the Department's Purchasing office no later than the exact opening time and date specified in the IFB. b. The sealed envelope or container containing a bid should be clearly marked on the outside with the official IFB number and the official opening date and time. Different bids should not be placed in the same envelope; however, copies of the same bid may be placed in the same envelope. c. A bid which has been delivered to the Department may be modified by a signed, written notice which has been received by the Department's Purchasing office prior to the official opening date and time specified. A bid may also be modified in person by the vendor or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to modify a bid shall not be honored. http:https://missouribuys.mo.gov IFB93lCNl722 Page I31 d. A bid submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A bid which has been delivered to the Department's Purchasing office may only be withdrawn by a signed, written document on company letterhead transmitted via mail, e-mail, or facsimile which has been received by the Department's Purchasing office prior to the official opening date and time specified. A bid may also be withdrawn in person by the vendor or its authorized representative provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to withdraw a bid shall not be honored. e. A bid may also be withdrawn after the bid opening through submission of a written request by an authorized representative of the vendor. Justification of a withdrawal decision may include a significant error or exposure of bid information .that may cause irreparable harm to the vendor. f. When submitting a bid electronically, the registered vendor indicates acceptance ofall IFB requirements, tenns and conditions by clicking on the "Accept'' button on the Overview tab. Vendors submitting a hard copy must sign and return the IFB cover page or, if applicable, the cover page of the last addendum thereto in order to constitute acceptance by the vendor of all the IFB terms and conditions. Failure to do so may result in the rejection of the bid unless the vendor's full compliance with those documents is indicated elsewhere within the vendor's response. g. Faxed and e-mailed bids shall not be accepted; however, faxed and e-mail no-bid notifications shall be accepted. 7. BID OPENING a. Bid openings are public on the opening date and time specified in the IFB document. Names, locations, and prices ofrespondents shall be read at the bid opening. All vendors may view the same bid response information on the MissouriBUYS Statewide eProcurement System. The Department will not provide prices or other bid information via the telephone. b. Bids which are not received in the Department's Purchasing office prior to the official opening date and time shall be considered late, regardless of the degree of lateness, and normally will not be opened. Late bids may only be opened under extraordinary circumstances in accordance with l CSR 40-1.050. 8. PREFERENCES a. In the evaluation of bids, preferences shall be applied in accordance with Chapter 34 RSMo. Contractors should apply the same preferences in selecting subcontractors. b. By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within the State ofMissouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals. Such preference shall be given when quality is equal or better and delivered price is the same or less. 9. EVALUATION/AWARD a. Any clerical error, apparent on its face, may be corrected by the Buyer of Record before contract award. Upon discovering an apparent clerical error, the Buyer of Record shall contact the vendor and request clarification of the intended bid. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit. b. Any pricing information submitted by a vendor shall be subject to evaluation if deemed by the Department to be in the best interest of the State ofMissouri. c. The vendor is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the Department. However, unless otherwise specified in the IFB, pricing shall be evaluated at the maximum potential financial liability to the Department. d. Awards shall be made to the vendor(s) whose bid (I) complies with all mandatory specifications and requirements of the IFB and (2) is the lowest and best bid, considering price, responsibility of the vendor, and all other evaluation criteria specified in the IFB and (3) complies with sections 34.010 and 34.070 RSMo and Executive Order 04-09. e. In the event all vendors fail to meet the same mandatory requirement in an lFB, the Department reserves the right, at its sole discretion, to waive that requirement for all vendors and to proceed with the evaluation. In IFB93JCN1722 Page l32 addition, the Department reserves the right to waive any minor irregularity or technicality found in any individual bid. f. The Department reserves the right to reject any and all bids. g. When evaluating a bid, the Department reserves the right to consider relevant information and fact, whether gained from a bid, from a vendor, from a vendor's references, or from any other source. h. Any information submitted with the bid, regardless of the fonnat or placement of such information, may be considered in making decisions related to the responsiveness and merit of a bid and the award ofa contract. i. Any award of a contract shall be made by notification from the Department to the successful vendor. The Department reserves the right to make awards by item, group of items, or an all or none basis. The grouping of items awarded shall be determined by the Department based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the State of Missouri. j. All bids and associated documentation submitted on or before the official opening date and time will be considered open records pursuant to section 610.021 RSMo. k. The Department maintains records of all bid file material for review. Vendors who include an e-mail address with their bid will be notified of the award results via e-mail if requested. I. The Department reserves the right to request clarification of any portion of the vendor's response in order to verify the intent ofthe vendor. The vendor is cautioned, however, that its response may be subject to acceptance or rejection without further clarification. m. Any bid award protest must be received within ten (10) business days after the date of award in accordance with the requirements of 1 CSR 40-1.050 (9). n. The final determi