Vending Machine Services for South Central Correctional Center

STATE OF MISSOURI MISSOURI DEPARTMENT OF CORRECTIONS CONTRACT AMENDMENT RETURN AMENDMENT NO LATER THAN MAY 17, 2013 ,Jf::FFERSON CITY r,41SSOURI G";1C::: Aprd ·19_ 2018 VENDOR !DENT:FICATION Attn Keirn Dickens Pcµs, M,dAmcmca /605 W. Main St Marion. IL 62969 :ONTRACT NUMBER Anrnn,jment #(}0:\ /16708417 CONTRACT Y1S708417 IS HEREBY AMENDED AS FOLLOWS :N WITNESS THEREOF. bUYS SYS ft:' ,,,4ef ;,: ( £. / ; . £! ••.. LJTF THIS AGREEMENT, CQ!\ITRACT DESCRIPTION For Scuth Central Corrnctwnal Center THIS AMENDMENT IS ACCEPTED BY THE MISSOURI DEPi'RTMENT OF CORRECTIONS FOLLOWS. In ,ts entirety, ,vision of Adult !nstitutio1·s Date ST A TE OF MISSOURI MISSOURI DEPARTMENT OF CORRECTIONS CONTRACT AMENDMENT RETURN AMENDMENT NO LATER THAN APRIL 19, 2018 TO: Sr2ven VV Beeson PrccJretr~er\: 0 1•;c2r I ~- '.; 52::' 1552 \Fax. n.1u,PURCl-!ASING SECTION P J BOX 236 JE::FF"ERSON CITY ;\11SSOURi 5510::' April 5. 2018 ···-·-···----··· -··-·····--···· -· VENDOR IOENTIFICA TION Attn: Harry L. Crisp II . CEO

Pepsi MidAmerica PO Box 1070 Marion. IL 62959 . CONTRACT NUMBER Amendment 002 Y16708417 CONTRAC:T Y16708417 IS HEREBY.AMENDED AS FOLLOWS: CONTRACT DESCRIPTION Vending Machine Services for South Central Correctional Center Pursuart to oai agrapt,s 2 1 ., and 2 2 1 or oag•: 3 :ri2 rvl::,SCli'i Department of C::nect1ons >1,:;reby exercises its option to 2ne.v '.r'e abC\iE: ·eterenc,,d contract sr a cc•nrr,ss,on ra:r~ of 16~, for the per,ccJ of August ·1 2018 through July 31 ::o· 9 P;,rs.,;art to Daragraph 10 d of lhe Terms and Conditions on page 26 Attilchn1erit 2 .A.poroved Procucts'.Sehng P'•ca "as l"',sn arnended ' !\Ii o1her onces terms conditions. and orov sions of tt1e :Yev1ous contract per oo shal ·en1a,n ,H'd aooiy hereto 1· in agreement th,c contractor snan corn:lete s,gn and return tn,s cocurre:'1t as acceotarce on 0' before the date 1nd1cated at·ove IN WITNESS THEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT. Company Name: Ma:itng Address: Citv. State, Zip: Telephone: 2605 w r·.Aa,n St Manon IL 62959 618-998 3249 M1ssouriBUYS SYSTEM m: Fax: 618-998-3312 ·-, Eniad: C 2@P • • dA j . .. , Holme~_.~ eps1,v,, mt:'.1ca com ; I '"'h"""' s,goec's P. /J;../. ~ . __ Da:~: i.1/1,~ 1 THIS AMENDMENT IS ACCEPTED BY iE MISSOURI DEPARTMENT OF CORRECTIC>NS AS FOLLOWS In its entirety. • STATE OF MISSOURI MISSOURI DEPARTMENT OF CORRECTIONS CONTRACT AMENDMENT Diana Fredrick, CPPB Dlana.fredrtck@doc.mo.gov Ph: (573) 528-0591 - Fax: (573) 522-1582 FMUIPURCHASING SECTION P.O. B0X236 JEFFERSON CITY, MISSOURI 85102 DATE 04/24117 VENDOR IDENTIFICATIOl CONTRACT NUMBER . I Attn: Harry L. Crisp II, CEO Amendment 001 j Pepsi MldAmerlca Y16708417 : PO Box 1070 Marlon, IL 62959 ,................................................... ·----··· ....... ·----········------ .. L,,,.. Vending Machine Services for South Central Correctional Center CONTRACT# Y16708417 IS HEREBY AMENDED AS FOLLOWS: ... Pursuant to sections 2.1.1 and 2.2.1 on page 3, the Missouri Department of Corrections hereby exercises its option to renew the above-referenced contract at the current commission rate of 16% for the period of August 1, 2017 through July 31, 2018. Pursuant to paragraph 10. d. of the Terms and Conditions on page 26, Attachment 2, Approved Products/Selling Price has been amended. All other prices, terms, conditions, and provisions of the previous contract period shall remain and apply hereto. The contractor shall complete, sign, and retum this document as acceptance on or before the date indicated above. IN WITNESS THEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT Company Name /vi. ,ol4MCrH~ Mailing Address ·--·· .............. , ...... ___ N ........... .. ' ..... 1 ..... •.· ___ .............................................................. - ..... . City, State Zip: /n Cr/ J~---·.'· I l __ l 2 CJ S'7__ Telephone: . {l~ --_ CJ..~f.. .. :_L~}Z E-Mail Address: e .. c/o.y-fol-) ~./Jcp .. r-·11"'1/q al'lr\~r,~a. · Go~ Authorized Signer's Printed Name ancl ntle: 'lJ · f c t/1... ZJ 1 .-1::.~ (I. /~~k, . ," Authorized Signature: Date: I TRisAMENDMENf IS ACCEPTED 13'( THE MISSOURI DEPARTMENT OF CORRECTIONS AS FOLLOWS: in its_e.ntlrafy . .. I Alana Bo ! Yl6708417-AMENDMENT 001 ATTACHMENT 2 Approved Products/Selling Price SMALL SERVING SIZE CHIPS & SNACKS -~;~~:~ :Sr:'~:-Fla_v_o_rs _ ___, !::7~ ... ···.·~.--.-.. •.~.-.. ·.E.3 =Jt=. f.:i.I.i-.···········•.1, L~~~~~~~,·~~1~9~i~~.. ] :::=3 _ ... ~ LARGE SERVING SIZE CHIPS & SNACKS f:?!:*!.f~?JLK~L-~3. f=:~i-__.:·=t ··=·:~~==-~:=] I Cheez-it Chex Mix f LSS . --- .$1.00each · ;~~~h~s,-==::- ·---------·-····· ··~~;~~~~hN~~~~~~Ranch·····.·· -.=1···-······~~ . ::= ··.:~:~~:~~ ~~~~t~d_C:b.~-= .. Assorted ···· ···· ... ~~~~~i~lJ~SQfhips,:: •• : __ · ......... ··· ....... ············1--·-···-·· ..... ~~ _____ · =:~~i~ ... ::_1 4tys,B1c111:ls,C:h,ips,~A5sorted _TiiIF Potato Skins ----~---- J!'.OQ_~i3Ql_j Sun Chips_ -Assorted Ruffles Cheddar & Sour Cream . LSS $1.00 each i Pretzels ................................. :h~~~fI~~P~QCh~~()S .......... . .... ---ess _________ if.QQe~ciiJ FrltoPromotional Chips ·--·- ____ .. . .. J~S 1.00 eadl .. J Other Large Serving Size LSS $1.00 each · SNACK ITEMS Small Approved Products 1 · Ap~!ed ~rj,ducti : ·········· _ __ Siz~--- : __ Price __ i e~~·.~~1S~=Fia~ =ilS-~t:-:_j Almo_!!QS sma!!_!>~-------- P~i31'llJts 2oz _ . . . Single Serve · $.SQ ~ch .Raisinssmall bag___ ______ Trail Mix2oz.......... .. _____________ Sing!eServe . !·~~-i3_gl J SNACK ITEMS LARGE f. :~:;:;·ir:c1·ucts_ ::_=~·1·=~rfr:::_~:~c1s:·-~---•··: __ --_ -1-------~:-~~~- _- -·:.::dl I ! C::@JJQerrv J?t!li9htfl-11x . . .\Nheat thins ....................................................... .. LS~ . , $1.00 each : Elfin Crackers Nutter Butter Bites Baa LSS ' $1.00 each !_V11_E!_1fbsJruit_S11a:l PASTRY ITEMS -~~rj~~~~~~~~t~~u26~·=.J:_~t~!~;Apple, c:ffe~;-~f6Q~!!l~~: --•-•••--~~~~}~-: __ 1·.00 e~~~---j ~6'f~i&-~~~ -----+i~:~~~pie Treat___ ·- ~:~gt:-::- ........... -n:~i-:::--1 - -····· ·······=::~: .. =~==.·.········ =~:=::=::~:f w_ho.legia1nfoco Krispy Treat . s1r:1e=s;;,;;;;= _illo eacl, j • ,c,m"'"'"'·---••• ..... .J Page 2 ofS Y16708417-AMENDMENT 001 ATTACHMENT 2 (continued) Approved Products/Selljng Price CANDY BARS & CANDY BARS __ r_=~= ___ -~~'=-~-=- ==~~endlf!!Lf 9=dl -i -r:;kehocaate .... :~~/:1~~~egu1a,_iii ~=~= !i!=I ~~~tchamacamt ~~u?!onns -_ -_ --------1~E~tt[~:~,:g9···············!'.:~:~1 _;_:~zzle_r _________ i--· ·~-~- 1 ~-·~_:_·· ty __ &:!~e~Ffa~~~=mel ... =J~:::~~:~:~······ !:·~~··==~:~J ~~.~t,alil'l~!~.V~.~.11.!9~ ......... l S~Q~r.~IY~Q~il}9 .... $ .. ~Q~~~-J MM Regular & Peanut Administrator approved only I Standard Vending $.90 each i Visitation area . .. .......... ... .. . . ..................................... L . . ....... . j Reese's Pieces Skittles Administrator approved only Standard Vending $. 90 each ii Visitation area -----·· . Adrrilnis1:rator a'ppr()ve'(f .. 0111Y,-- Standard Vending $.90 each 1 Visitation area i ••-·----·------·-w•w-v••·-··--••••••••••-- •••·-·- ·---------~·~-·· ----•-"'"""W•w•vvvvvw,mm~_., _____ _, •••• ••••••••••••••••••••••••••••••••••••••-•••v-mm -- ,, ._,,·,-Am,,,•, •-'••••••••••••••i ! ~~-:=_··_··_···-·.· __ -·-............. -ri:1~Re9~~j;_~~~!!S~I Zero Kit Kat --1-Large Ven:1Lng ____ J!:!Q_~ch j ~~~~-m-aca_m~-:: - i~~w~~rr~~~~~~ i;t~-§·1 Administrator approved only Large Vending $1.10 each j Visitation area ; Administrator approved only Large Vending · $1.10 each j Visitation area i Reese's Pieces ~-kitH~s--~~----·~--~···········~----···--·-······te~:~:~~~~~~~=:~~-~i~~-······ ·--~rge v~~~~~-- ... $i~io each] . lsing~~ .. I Price J · 111:::-I Page 3 ofS Yl6708417-AMENDMENT 001 ATTACHMENT 2 (continued) Approved Products/Selling Price CARBONATED DRINKS / PLASTIC BOTTLES ! Price : $1.30 each Jj~j9~acb ! $1.30 each f.~~~:~o:w~1~~~~ucts~= ····•·· 1r:- [)r. Pepper- Diet Dr. Pepper .. Flc1vored ?:lc1JC::r-y~b, ?~r:t~i~t) . 20 oz . ]$1.30!:!~c:h Dew Flavors... ·-··\ Root Beer(IBC. Mug, A&WJ...... . __ _lQ_Q~ b~Pt!t~{~{fl~ ··· .•.. :· ·-== · j ~e~h;~~ii~aopt1ons ·.·.·_···. .............. ~~ ~! Page 4 of5 I $1.30 each L$1.3oeach Y16708417-AMENDMENT 001 ATTACHMENT 2 (continued) Approved proc1ucts1s,mna price Page 5 of5 I 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: Beth Lambert Procurement Officer II Telephone: (573) 526-6494 Beth.Lambert@doc.mo.gov IFB 16708417 Vending Machine Services FOR Department of Corrections South Central Correctional Center Contract Period: August 1, 2016 through July 31, 2017 Date of Issue: March 25, 2016 Page 1 of36 Bids Must Be Received No Later Than: 2:00 p.m., April 20, 2016 Sealed bids must be delivered to the Missouri Department of Corrections, Purchasing Section, 2729 Plaza Drive, Jefferson City, MO 65109, or P.O. Box 236, Jefferson City, Missouri 65102. The bidder should clearly 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 ur ses. 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: Mailing Address: City, State, Zip: Telephone: Federal EIN #: Email: NOTICE OFAWA Pepsi MidAmerica PO BOx 1070 Marion, IL 62959 618-997-1377 Fax: _6_1_8_-_9_9_8_-_3_2_6_0 ________ _ 37-0796650 State Vendor#: ------------- eclayton@pepsimidamerica.com Harry L. Crisp II, Chairman and CEO Bid Date: This bid is accepted by the Missouri Department of Corrections as follows: ~ DM•on of Aduk In.titutions Contract No. V16708417 The original cover page, including amendments, should be signed and returned with the bid. IFB 16708417 Page 14 EXHIBIT A, Pricing Page The bidder must state a firm, fixed commission rate as a percentage of gross sales for the original contract period, 1st renewal period and 2nd renewal period. Line Item Original Contract Period First Renewal Period Second Renewal Period 001 16 % of Gross Sales 16 % of Gross Sales 16 % of Gross Sales By signing, the bidder hereby declares understanding, agreement, and certification of compliance to provide the items at the percentages quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions. The bidder further agrees that the language of this IFB shall govern in the event of a conflict with his/her bid. Pepsi MidArnerica CompanyName: ________________________________________________________ __ Authorized Sii!Jlalu'¥-~X ~Name: __ H_a __ r_r_y __ L __ . _c_r_i_s_p __ r_r_ ~A. •J eclayton®pepsirnidarnerica. corn Date:~ /~1 ~It, EmailAddress: ___________ _ Employee Bidding/Conflict of Interest Bidders who are employees of the State of Missouri, a member of the General Assembly or a statewide elected official must comply with Sections 105.450 to 105.458 RSMo regarding conflict of interest. If the bidder and/or any of the owners of the bidder's organization are currently an employee of the State of Missouri, a member of the General Assembly or a statewide elected official, please provide the following information. Name of State Employee, General Assembly Member, or Statewide Elected Official: In what office/agency are they em_Q}oyed? Employment Title: Percentage of ownership interest in NA bidder's organization: % IFB 16708417 Page 15 EXHIBITB MISCELLANEOUS INFORMATION Bidder must state below their refund procedure as described in the IFB. The Pepsi MidAmerica route salesman will check in on each service day with the individual designated by the corrections facility to ensure refunds that are due to any product issue or vendor malfunction will be resolved accordingly in a timely manner. This system can be modified to meet any requ1rements of the department of correct1ons or SCCC. The offender visiting room vendors will be labeled "use at own risk NO REFUNDS GIVEN" as stated in the IFB. Familiarity of Building The bidder must document a thorough knowledge of the equipment and service areas based on either ( 1) the bidder's attendance of a site tour, or (2) through other knowledge of the equipment and service areas gained from some other means. X I attended a site inspection of the equipment and service areas. {The attendance record shall verify the bidder's attendance.) I did not attend a site inspection of the equipment and service areas. {The bidder must provide relevant information regarding their familiarity with the physical layout, condition, etc. of the equipment and service areas. The bidder is advised that neither the review of building floor plans nor an independent public viewing give an accurate account of knowledge of the equipment and service area for vending machine service purposes.) Explanation: Pepsi MidAmerica has been serving SCCC since July 2009 and is familiar with the facility. Corey Gaines, the Area Sales, Manager the local manager has been in the facility and is familiar with locations of all the vendors and required service needs. IFB 16708417 EXHIBIT C CURRENT/PRIOR EXPERIENCE Page 16 Current/Prior Contracts: The bidder should provide a list of all contracts for which the bidder is currently or has provided vending machine services within the past five (5) years, the contact name, phone number and email address of where the service is/was provided, the type of machine provided, the total number of machines serviced and the dates of the services provided. Company /Institution Type of Machine Total Number of Date of Contact Name, Phone Number (e.g. Beverage, snack, cold Services and Email food, frozen food) Machines Serviced Provided sccc in Licking, MO Beverage, snack 19 pieces of July 200 Greg Hadley, 573-674-4470 food, coffeee to pres:= SEMO University, Cape Girardeau Beverage Vendors 82 pieces of equipmen 2005to Missouri, Allen Maulk present 573-651-227 4 Southern Illinois University Beverage snack, food 200 pieces of equipmen Sept 2012 Lori Lynn Stettler, Assistant Vice coffee, fountain to present Chancellor loris@siu.edu 9 nt IFB 16708417 EXHIBITD PARTICIPATION COMMITMENT Page 17 Organization for the Blind/Sheltered Workshop Participation Commitment- If the bidder is committing to participation by or if the bidder is a qualified organization for the blind/sheltered workshop, the bidder must provide the required information in the table below for the organization proposed and must submit the completed exhibit with the bidder's bid. Organization for the Blind/Sheltered\\ orl~shop Commitnll'nt Table ~~~ cumpkttnt: tin-, t,lhk. the htdd'-T cummth tu th'-' liSl' ul'the lll!:'-dlll/,tttutl ,tt the t:r'-'d!CI ul \~.00(1 u1 2"" l'l the actwil total dollar\ ~lue ol cuntt\tct. (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 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.) Description of Products/Services to be Provided by Listed Name of Organization for the Blind or Organization for the Blind/Sheltered Workshop Sheltered Workshop Proposed The bidder should also include the paragraph number(s) from the IFB which requires the service the organization for the l blind/sheltered workshop is pro]J_osed to yerform. Line Item 001 1. Product/Service( s) proposed: NA IFB Paragraph References: 2. Product/Service( s) proposed: IFB Paragraph References: Line Item 002 1. Product/Service( s) proposed: IFB Paragraph References: 2. Product/Service( s) proposed: IFB Paragraph References: IFB 16708417 Page 18 EXHIBITE DOCUMENTATION OF INTENT TO PARTICIPATE If the bidder is proposing to include the participation of an Organization for the Blind/Sheltered Workshop in the provision of the products/services required in the IFB, the bidder 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 bidder's bid. ~ Copy This Form For Each Organization Proposed~ Bidder Name: na This Section To Be Completed h~ Participating Organilation: By completing and signing this fonn, the undersigned hereby confinns the intent of the named partidpating organization to pravide the productsjseroices identified herein for the bidder identified above. Indicate appropriate business classification(s): Name of Organization: na Organization for the Blind Sheltered Workshop ----------------------------------------------------------------- (Name of Organization for the Blind or Sheltered Workshop) Contact Name: Email: Address: Phone#: City: Fax#: State/Zip: Certification # ------------------- (or attach copy of certification) Certification Expiration Date: ___________ _ Describe the products/services you (as the participating organization) have agreed to provide: ,\uthorized Signature: Authorized Signature of Participating Organization (Organization for the Blind or Sheltered Workshop) Date (Dated no earlier than the IFB issuance date) IFB 16708417 Page 19 EXHIBITF MISSOURI SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE PREFERENCE 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). (See below for definitions included in section 34.074, RSMo.) DEFINITIONS: Service-Disabled Veteran (SDV) is defined as any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs. Service-Disabled Veteran Business Enterprise (SDVE) is defined as a business concern: a. not less than fifty-one (51) percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than fifty-one (51) percent of the stock of which is owned by one or more service-disabled veterans; and b. the management and daily business operations of which are controlled by one or more service-disabled veterans. STANDARDS: The following standards shall be used by the Department in determining whether an individual, business, or organization qualifies as a SDVE: a. 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; b. Having not less than fifty-one percent (51%) of the business owned by one (1) 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 of which is owned by one ( 1) or more SDV s. c. Having the management and daily business operations controlled by one ( 1) or more SDV s; d. Having 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; and e. Possessing the power to make day-to-day as well as major decisions on matters of management, policy, and operation. If a bidder meets the standards of a qualified SDVE as stated above, the bidder must provide the following with the bid in order to receive the Missouri SDVE preference of a three-point bonus over a non-Missouri SDVE unless previously submitted within the past five (5) years to a Missouri state agency or public university: a. 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), b. a copy of the SDV's documentation certifying disability by the appropriate federal agency responsible for the administration of veterans' affairs, and c. a completed copy of this exhibit. IFB 1670841 7 Page 20 EXHIBIT F (continued) MISSOURI SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE PREFERENCE (NOTE: For ease of evaluation, please attach a copy of the SDV's award letter or a copy of the SDV's discharge paper, and a copy of the SDV' s documentation certifYing disability to this Exhibit. 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, RSMo.) If the SDVE previously submitted copies of the SDV's documents (a copy ofthe SDV's award letter or a copy of the SDV's discharge paper, and a copy of the SDV's documentation certifYing disability) to a Missouri state agency or public university within the past five (5) years, the SDVE should provide the information requested below. Name of Missouri State Agency or Public University* to Which the SDV's Documents were Submitted: (*Public University includes the following five schools under chapter 34, RSMo: Harris-Stowe State University- St. Louis; Missouri Southern State University- Joplin; Missouri Western State University- St. Joseph; Northwest Missouri State University- Maryville; Southeast Missouri State University- Cape Girardeau.) Date SDV's Documents were Submitted: na --------------------- Previous Bid/Contract Number for Which the SDV's Documents were Submitted: ------------------ (ifknown) By signing below, I certify that I meet the definitions of a service-disabled veteran and a service-disabled veteran business enterprise as defined in section 34.074, RSMo. I further certify that I meet the standards of a qualifYing SDVE as listed above pursuant to 1 CSR 40-1.050. Service-Disabled Veteran's Name (Please Print) Service-Disabled Veteran's Signature Phone Number Date Service-Disabled Veteran Business Enterprise Name Missouri Address of Service-Disabled Veteran Business Enterprise Website Address E-Mail Address (NOTE: A qualified SDVE will be added to the SDVE listing maintained on the Office of Administration, Division of Purchasing and Materials Management's (OA/DPMM) website (www.oa.mo.gov/purch/vendorinfo/sdve.html) for up to five (5) years from the date listed above. However, if it has been determined that the SDVE at any time no longer meets the requirements stated above, the OA/DPMM will remove the SDVE from the SDV Documents - Verification Completed By: Procurement Officer Date IFB 16708417 Page 21 EXHIBITG MISSOURI SECRETARY OF STATE/AUTHORIZATION TO TRANSACT BUSINESS In accordance with section 351.572.1, 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. Bidders must either be registered with the Missouri Secretary of State, or exempt per a specific exemption stated in section 351.572.1, RSMo. (httJ2:/ /www.moga.mo.gov/mostatutes/stathtml/351 00005721.html) If the bidder is registered with the Missouri Secretary Legal Name: Pepsi MidAmerica of State, the bidder shall state legal name or charter 00097358 number assigned to business entity Missouri State Charter # If the bidder is not required to be registered with the State specific exemption Missouri Secretary of State, the bidder shall state the (List section and paragraph number) specific exemption stated per section 351.572.1, RSMo. Stated in section 351.572.1 RSMo, (State Legal Business Name) IFB 16708417 Page 2 1. INTRODUCTION 1.1 Purpose: 1.1.1 The Missouri Department of Corrections (hereinafter referred to as the Department) is accepting competitive, sealed bids to establish a contract for vending machine services for South Central Correctional Center (hereinafter referred to as SCCC) located at the following address. South Central Correctional Center 255 West Highway 32 Licking, MO 65542 1.2 Contact: 1.2.1 Any and all communication from bidders 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 ( 1 0) calendar days prior to the official bid opening date. 1.2.2 Bidders are cautioned not to contact any other employee of the Department concerning this procurement during the competitive procurement and evaluation processes. Inappropriate contacts are grounds for exclusion from this and future bidding opportunities. 1.3 Vendor Information: 1.3.1 The Department will be transitioning to the MissouriBUYS eProcurement system and recommends all potential vendors to visit https://MissouriBUYS.mo.gov to register as a vendor for future opportunities. 1.4 Site Inspection: 1.4.1 A non-mandatory tour of the site is available by appointment. To make an appointment for tour, please contact Greg Hadley at (573) 674-4470, ext. 1024, Monday through Friday, 8:00a.m. to 4:00p.m. at least four (4) days prior to desired tour date. a. Any potential bidder interested in participating in a site inspection must provide the full name and valid Missouri driver's license number of each individual planning to attend a site inspection. If the bidder does not have a valid Missouri driver's license, their social security number and date of birth are required. b. Each potential bidder is limited to two (2) individuals at the site inspection. c. Each person attending the site inspection will be required to have a valid government issued ID. Cell phones, cameras, tape recorders and purses will not be permitted inside the facility. d. The Department reserves the right to accept or reject any person requesting a site inspection. e. Other than the questions related to the tour, all questions regarding the Invitation for Bid and/or the competitive procurement process must be directed to Beth Lambert at (573) 526-6494 or Beth.Lambert@doc .mo. gov. 1.4.2 Each bidder is solely responsible for a prudent and complete personal inspection, examination, and assessment of the building and any other existing condition, factor, or item that may affect or impact the performance of service described and required in the Contractual Requirements. The bidder shall not be relieved of responsibility for performance under the contract for any reason whatsoever, including, but not limited to, the bidder's failure to observe existing conditions, etc. IFB 1670841 7 Page 3 1.4.3 Bidders are strongly encouraged to advise the Department at the time of making the appointment of any special accommodations needed for disabled personnel who will be attending the tour so that these accommodations can be made. 1.5 Background Information: 1.5.1 Estimated sales - gross sales at SCCC average approximately $135,000 per year. Future sales are not guaranteed. 1.5.2 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/General Services Awarded.php. Please reference contract number Yl3709172 when searching for the document. 2. CONTRACTUAL REQUIREMENTS 2.1 Contract Period: 2.1.1 The original contract period shall be as stated in the Invitation for Bid (IFB). 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. 2.2 Renewal Period: 2.2.1 If the Department exercises the option for renewal, the contractor shall agree that the firm fixed percentage for the renewal period shall be the maximum percentage quoted for the applicable renewal period stated on the Pricing Page of the contract. a. If renewal percentages are not provided, then the percentage during the renewal period shall be the same as during the original contract period. 2.3 Prices: 2.3.1 The contractor shall understand and agree that all selling prices shall remain firm during each contract period. 2.3.2 A selling price increase of five (5) cents per item will be allowed upon exercising each renewal option. Any increase in selling price shall be based on manufacturer's price increases during the preceding year. The contractor shall provide to the Department price increase data sheets from each manufacturer prior to implementing any increase in price. The selling price increase shall not exceed five (5) cents per item regardless of the manufacturer price increase. 2.4 Contractor Liability and Insurance: 2.4.1 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 of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act. 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. IFB 16708417 Page4 2.5 Subcontractors: 2.5.1 Any subcontract for the items/services described herein must include appropriate provtstons and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the Department and to ensure that the Department is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the Department and the contractor. 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 of a subcontract. The contractor shall agree and understand that utilization of a subcontractor to provide any of the items/services in the contract shall in no way relieve the contractor of the responsibility for providing the items/services as described and set forth herein. The contractor must obtain the approval of the Department prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld. 2.5.2 The contractor must function as the single point of contact for the Department, regardless of any subcontract arrangements made, for all products and services provided, including but not limited to, issues related to delivery, restocking, maintenance and commission payment. 2.6 Notices: 2.6.1 Any written notice to the contractor shall be deemed sufficient when emailed to the contractor at the email address designated in the contract, or to an email address the contractor may have requested in writing, or deposited in the United States mail, postage prepaid and addressed to the contractor at the address designated in the contract, or at an address the contractor may have requested in writing. 3. PERFORMANCE REQUIREMENTS 3.1 Equipment and Supplies: 3.1.1 The contractor shall provide, install and maintain all equipment listed on Attachment 1, List of Equipment. SCCC reserves the right to request additional machines to meet the needs of the Department. a. All equipment provided by the contractor shall be in new or first class condition. b. The contractor must maintain the equipment at high standards of cleanliness. All vending machines must be National Sanitation Foundation approved. c. The contractor must maintain the equipment at high standards of quality and dependability with minimal malfunctions or breakdowns. d. Change machines must be able to accept old and new currency of one and five dollar bills. 3.1.2 Snack machines must have a minimum of twenty (20) large slots and twenty (20) small slots unless the designated area for that machine will only accommodate a smaller sized machine. Any snack machine that does not meet the minimum capacity of twenty (20) large slots and twenty (20) small slots must have pre-approval by the Business Manager/designee before being installed. 3.1.3 All staff vending machines shall be able to accept bills (at least $1.00) and coins ($.05, $.10, $.25 and $1.00). Offender visiting room vending machines to accept all coins ($.05, $.10, $.25 and $1.00). 3.1.4 All beverage vending machines shall be Energy Star rated, or the contractor shall supply and install a top mounted energy conservation devices (i.e. Vending Miser) for each beverage machine listed on Attachment 1, List of Equipment. IFB 16708417 Page 5 3.1.5 The contractor shall provide individually packaged serving size condiments (ketchup, mustard, mayonnaise, napkins, pepper, salt and sporks) for condiment bars as indicated on Attachment 1, List of Equipment. Stock must be maintained at an adequate level. 3.1.6 The contractor must provide non-dairy creamer, sugar, sugar substitute, and stirrers for the coffee machine in the 2nd floor Administration Area. Stock must be maintained at an adequate level. 3 .1. 7 The contractor must provide and maintain microwaves and change machines where listed on Attachment 1, List ofEguipment. 3.1.8 All vending machines must not be set to forced vend setting but must be able to instantly refund if the item selected is out of stock. 3.1.9 All vending machines shall be equipped with a non-resettable meter to facilitate accounting and audit requirements. 3 .1.1 0 The contractor must have trained and competent repair persons available within one (1) working day to make repairs on the vending machines, as needed. The contractor shall immediately notify the Business Manager/designee of when the vending machines have been repaired or a timeline if repairs are unable to be made within one (1) working day. 3.1.11 The Department will provide all necessary utilities. 3.1.12 SCCC reserves the right to final approval of all equipment installed in the facility. 3.2 Security: 3 .2.1 At no time shall the contractor or contractor's personnel leave any merchandise, change or cash unattended, nor leave any unlocked machines unattended. The Department shall not be responsible for any loss incurred by the contractor for machines left unlocked or unattended, nor for the merchandise, change or cash left unattended. Any such loss shall not relieve the contractor from any requirements of the contract. 3.3 Item Selection: 3.3.1 The contractor shall understand and agree that the only products that will be offered and selling prices charged are those on the approved products list as stated on Attachment 2, Approved Products/Selling Price, except as provided for vendor's choice items in paragraph 3.3.3. 3.3.2 Duplication of products in snack machines is permissible if required by sales volume. Duplication of more than two (2) slots must be approved by the Business Manager/designee. 3.3.3 The contractor is allowed up to two (2) vendor's choice slots per snack machine. Vendor's choice slots are exempt from the requirements of section 3.3.1. The contractor may use vendor's choice slots for new items. a. Vendor's choice items must meet any security requirements imposed by SCCC. Vendor's choice items for snack machines located in the visiting room must be approved by SCCC in advance. b. If requested by the Business Manager/designee, the contractor must change a vendor's choice item. IFB 16708417 Page 6 c. The contractor may provide itemized sales information of vendor's choice items for possible addition to Attachment 2, Approved Products/Selling Price, Additions to Attachment 2, Approved Products/Selling Price, must be by written amendment. 3.3.4 Product shall be fresh and of good quality. All product specified herein shall be processed, packaged and delivered in accordance with regulations of the State of Missouri and the USDA, and requirements of the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. 3.3.5 The contractor shall provide two (2) vending slots per snack machine located in the Visiting Room for picture blocks. The contractor shall understand that the picture blocks are a free service; prices for the picture blocks shall be set by the SCCC. Once a month, the contractor shall issue a check for the amount of one-hundred percent of the picture block gross sales to the SCCC, made payable to Offender Executive Committee ("OEC"). The picture block gross sales may be deducted from the gross vending sales prior to the commission payment being calculated. 3.3.6 Glass containers are not acceptable. Food containers must not have removable metal pop-tops. 3.3.7 Small colored candies such as Skittles, Reese's Pieces, M&M's, etc. are not allowable in visiting room snack machines. 3.4 Delivery Performance: 3.4.1 The contractor shall deliver and stock all vending machines on a regular basis, six days per week, if necessary. The contractor shall coordinate delivery days and times with the Business Manager/designee. 3.4.2 The Business Manager/designee reserves the right to increase/decrease the frequency of deliveries. 3.4.3 The contractor and all of the contractor's employees shall follow the institution's standard operating procedures regarding sign in/out when entering and exiting the institution. 3.5 Taxes: 3.5.1 The contractor shall be responsible for all federal, state, and local taxes attributable to the vending equipment as well as sales tax for product sold. 3.6 Licenses: 3.6.1 The contractor must maintain all necessary permits, licenses, etc. for the operation of a vending service. 3.7 Commission Rate: 3. 7.1 The contractor shall pay the firm, fixed commission rate as stated on Exhibit A, Pricing Page on all gross sales by vending unit. a. The same commission rate shall apply to all sales in all machines. 3.8 Commission Payment: 3.8.1 The contractor shall submit the correct commission payment no later than the 15th of each month for the previous month's sales. a. For vending machines that are offender and staff use (offender visiting room), sixty percent (60%) of the commission rate payment shall be made payable to the "Canteen Fund", forty percent (40%) of the commission rate payment shall be made payable to the "SCCC Personnel Club". IFB 16708417 Page 7 b. For vending machine that are staff only use, one hundred percent (100%) of the commission rate payment shall be made payable to the "SCCC Personnel Club". 3.8.2 The commission payment shall be made by a company check or bank check, and shall be hand delivered or sent by certified mail or some other traceable courier service to a section or individual designated by the Business Manager. Any hand delivered commission checks must be delivered person-to-person to the individual(s) designated by the Business Manager and not left under a door, on a desk, with the receptionist, etc. a. Should the commission check be returned to the SCCC for insufficient funds, if requested by the Department, the contractor shall provide a cashier's check or money order for the correct commission payment, as well as, the reimbursement of bank charges for the returned check fee(s). b. The Department reserves the right to require cashier's checks or money orders for correct commission payments from the Contractor for any subsequent commission checks. 3.8.3 The contractor must include with the commission check a detailed report of sales by vending machine including machine number, product, and beginning and ending reading of all transaction counters. a. Transaction counters replaced due to maintenance/repair issues shall be reported on the detailed sales report under the corresponding machine with the beginning and ending reading, date removed from the vending machine, along with the replacement transaction counter beginning and ending reading. 3.8.4 Taxes, license fees and other expenses except those specifically listed herein are the responsibility of the contractor and shall not be deducted from the commission payment. 3.9 Receipt of Refund: 3.9.1 Within ten (1 0) days of the contractor's receipt of a refund request, the contractor shall provide the refund to the customer. 3.9.2 The contractor shall not deduct refunds from gross sales when computing commission payments. 3.10 Contractor's Employees 3.1 0.1 The contractor and all of the contractor's employees and agents providing services in any Department of Corrections institution must be at least 18 years of age. A Missouri Uniform Law Enforcement System (MULES) check or other background investigation may be required on the contractor, the contractor's employees and agents before they are allowed entry into the institution. The contractor, its employees and agents understand and agree that the Department may complete criminal background records checks every year for the contractor and the contractor's employees and agents that have the potential to have contact with inmates. 3.10.2 The institution shall have the right to deny access into the institution for the contractor and any of the contractor's employees and agents for any reason, at the discretion of the institution. 3.10.3 The contractor, its employees and agents under active federal or state felony or misdemeanor supervision must receive written division director approval prior to providing services pursuant to a Department contract. Similarly, contractors/employees/agents with prior felony convictions and not under active supervision must receive written division director approval in advance. 3.10.4 The contractor, its employees and agents shall at all times observe and comply with all applicable state statutes, Department rules, regulations, guidelines, internal management policies and procedures, and general orders of the Department that are applicable, regarding operations and activities in and about all IFB 16708417 Page 8 Department property. Furthermore, the contractor, its employees and agents, shall not obstruct the Department or any of its designated officials from performing their duties in response to court orders or in the maintenance of a secure and safe correctional environment. The contractor shall comply with the Department's policies and procedures relating to employee conduct. a. The Department has a zero tolerance policy for any form of sexual misconduct to include staff/contractor/volunteer on offender, or offender on offender, sexual harassment, sexual assault, sexual abuse and consensual sex. 1) Any contractor or contractor's employee or agent who witnesses any form of sexual misconduct must immediately report it to the warden of the institution. If a contractor or contractor's employee or agent fails to report or knowingly condones sexual harassment or sexual contact with or between offenders, the Department may cancel the contract, or at the Department's sole discretion, require the contractor to remove the employee/agent from providing services under the contract. 2) Any contractor or contractor's employee or agent who engages in sexual abuse shall be prohibited from entering the institution and shall be reported to law enforcement agencies and licensing bodies, as appropriate. 3.10.5 The contractor, its employees and agents shall not interact with the offenders except as is necessary to perform the requirements of the contract. The contractor, its employees and agents shall not give anything to nor accept anything from the offenders except in the normal performance of the contract. 3.10.6 If any contractor or contractor's employee or agent is denied access into the institution for any reason or is denied approval to provide service to the Department for any reason stated herein, it shall not relieve the contractor of any requirements of the contract. If the contractor is unable to perform the requirements of the contract for any reason, the contractor shall be considered in breach. 3.11 Inspections and Audits: 3.11.1 The contractor agrees that each time vending machines are restocked, serviced, or otherwise attended by the contractor, a representative of the site may conduct a vending count to record the number of sale items in the vending machines prior to and/or following any restocking. a. If a handheld electronic device is used by the contractor to gather sales information, the machine counters must be functional and visible for the Business Manager/designee of the site to verify or record the number of sale items. 3.11.2 The contractor agrees and understands that the Department and/or any appropriate state/federal agency may examine (audit) all pertinent books, documents, papers, and records of the contractor as they relate to the requirements of the contract, and shall make such available upon request. a. The contractor must use Generally Accepted Accounting Principles as promulgated by the American Institute of Certified Public Accountants. b. The contractor shall retain all records relating to the contract for five (5) years or such time as prescribed by law after the close of the fiscal year in which the contract expires/terminates. Such records may be destroyed at the end of the five ( 5) year period if the state agency has been notified in writing by the contractor and written approval to destroy the records has been received from the state agency. In all cases where audit questions have arisen before the expiration of the five-year period, records shall be retained until resolution of such. c. The contractor shall retain records which relate to appeals, litigation of the settlement of claims arising out of performance of the contract and costs and expenses of the contract to which IFB 16708417 Page 9 exception has been taken by the state until such time as the appeal, litigation, claim, or exception has been resolved. d. Failure by the contractor to maintain and make available appropriate records shall constitute a material breach of the contract. 3.11.3 On any given business day, the Department may request the contractor or one of the contractor's representatives to appear at the location and open any or all vending machines and permit a Department representative to count and determine the amount of money in any or all of the vending machines at the location. The Department will give a minimum of four ( 4) hours notice of each inspection. 3.12 Transition: 3.12.1 Upon award of the contract, the contractor shall work with SCCC and any other provider designated by SCCC to ensure an orderly transition of services under the contract and to ensure uninterrupted service. 3.12.2 Upon expiration, termination, or cancellation of the contract, the contractor shall assist SCCC and any other provider designated by SCCC to ensure an orderly transition of services and responsibilities under the contract and to ensure uninterrupted service. a. If requested, the contractor shall agree to continue providing any or all of the services in accordance with the terms and conditions, requirements, specifications, and payment provisions of the contract for a period not to exceed one hundred eighty (180) calendar days after the expiration date of the contract or until a new contract is established. 4. BIDDER'S INSTRUCTIONS 4.1 Submission and Evaluation of Bids: 4.1.1 Bids must be signed, sealed and returned (with all necessary exhibits) to the Department by the bid receipt date and time specified on page one. a. Specifically, any form containing a signature line such as page one of the original IFB and any amendments, pricing pages, etc. shall be manually signed and returned as part of the bid. 4.1.2 Determination of Responsiveness - Any bid which does not comply with the mandatory requirements of the IFB will be determined to be non-responsive and will not be considered for an award 4.1.3 Determination of Responsibility and Reliability - The Department shall determine the responsibility and reliability of the highest responsive bidder. a. The Department reserves the right to reject any bid for reasons which may include but not necessarily be limited to: 1) Receipt of any information, from any source, regarding unsatisfactory experience and/or performance of similar services by the bidder or any subcontractor(s) proposed to provide the vending machine services within the past three (3) years, and/or 2) Inability of the bidder to document performance of vending machine services within the past three (3) years which are similar to the services required herein, for a period of not less than twelve (12) consecutive months, and/or 3) The bidder's failure to document familiarity with the building. IFB 16708417 Page I 0 b. If the highest responsive bidder is determined to not be responsible and reliable, the Department shall conduct a determination of responsibility and reliability for the next highest responsive bidder. 4.1.4 Determination of Award- The contract will be awarded to the highest, responsive, and responsible and reliable bidder determined as specified herein. 4.2 Compliance with Terms and Conditions: 4.2.1 The bidder is cautioned when submitting pre-printed terms and conditions or other types of material to make sure such documents do not contain terms and conditions which conflict with those of the IFB. The bidder agrees that in the event of conflict between any of the bidder's terms and conditions and those contained in the IFB that the IFB shall govern. Taking exception to the Department's terms and conditions may render a bidder's bid non-responsive and may remove it from consideration for award. 4.3 Bid Detail Requirements and Deviations: 4.3.1 It is the bidder's responsibility to submit a bid that meets all mandatory requirements stated herein. The bidder should clearly identify any deviations from both the mandatory and desirable requirements stated in the IFB on the pricing pages. Any deviation from a mandatory requirement may render the bid non- responsive; any deviation from a desirable requirement may be reviewed by the Department as to its acceptability and impact on competition. 4.4 Business Compliance: 4.4.1 The bidder must be in compliance with the laws regarding conducting business in the State of Missouri. The bidder certifies by signing the signature page of this original document and any amendment signature page(s) that the bidder 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 bidder shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include but may not be limited to: • Registration of business name (if applicable) • Certificate of authority 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 compensation/unemployment compensation) 4.5 Exhibit A, Pricing Page: 4.5.1 The bidder must submit a finn, fixed commission rate for the original contract period and all renewal periods on Exhibit A, Pricing Page. The commission rate bid shall remain valid for 90 days from bid closing date unless otherwise indicated. 4.5.2 Bidders who are employees of the State of Missouri, a member of the General Assembly or a statewide Elected official must comply with sections 105.450 to 105.458 RSMo regarding conflict of interest. If the bidder or any owner of the bidder's organization is currently an employee of the State of Missouri, a member of the General Assembly or a statewide elected official, please complete Exhibit A, Pricing Page. IFB 1670841 7 Page 11 4.6 Exhibit B, Miscellaneous Information: 4.6.1 The bidder must state on Exhibit B, Miscellaneous Information its refund procedure which covers cases where a customer does not receive the product paid for or receives an outdated or otherwise unacceptable product. 4.6.2 Familiarity with the Building- The bidder must be familiar with the buildings. In order to be considered familiar with the buildings, the bidder must either have attended the scheduled tour or have knowledge of the buildings and any existing conditions and factors of the buildings that may affect the performance of the required services. a. The Department will maintain an attendance record documenting the bidders who attended the scheduled tour. The bidder shall be responsible for ensuring the bidder's attendance at the tour is documented. If the attendance record does not document the bidder's attendance at the tour, the bidder will not be recognized for having attended the tour. b. If the bidder did not attend the scheduled tour, the bidder must provide relevant information regarding the bidder's knowledge of the buildings and any existing conditions and factors of the buildings that may affect the performance of the required services. Space is provided for the bidder to provide such information on Exhibit B, Miscellaneous Information. 1) For purposes of this procurement, a bidder will be considered knowledgeable of the buildings for reasons including, but not necessarily limited to, providing vending machine services in the buildings within the past three (3) years. 2) The bidder is advised that a review of building floor plans, an independent public viewing of the building, or discussions with Department personnel regarding the buildings shall not, for vending machine service purposes, satisfy the requirement regarding a bidder having knowledge of the buildings. 4. 7 Exhibit C, Current/Prior Experience: 4. 7.1 The bidder must complete Exhibit C, Current/Prior Experience to demonstrate performance responsibility and reliability of vending machine services. The bidder should provide information related to current and previous contracts performed by the bidder's organization which are similar to the requirements of this IFB. 4.8 Exhibit D, Participation Commitment and Exhibit E, Documentation of Intent to Participate: 4.8.1 Preference for Organizations for the Blind and Sheltered Workshops -Pursuant to section 34.165, RSMo, and 1 CSR 40-1.050, a ten (10) bonus point preference shall be granted to bidders including products and/or services manufactured, produced or assembled by a qualified nonprofit organization for the blind established pursuant to 41 U.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. a. In order to qualify for the ten bonus points, the following conditions must be met and the following evidence must be provided: 1) The bidder 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. 2) The services performed or the products provided by the organization for the blind or sheltered workshop must provide a commercially useful function related to the delivery of the IFB 16708417 Page 12 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 bidder'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) If the bidder 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 bidder must provide the following information with the bid: ./ Participation Commitment - The bidder must complete Exhibit D, 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 bidder submitting the bid is an organization for the blind or sheltered workshop, the bidder must be listed in the appropriate table on the Participation Commitment Form . ./ Documentation of Intent to Participate - The bidder must either provide a properly completed Exhibit E, 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: ( 1) 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 bidder submitting the bid is an organization for the blind or sheltered workshop, the bidder is not required to complete Exhibit E, Documentation of Intent to Participate Form or provide a recently dated letter of intent. b. A list of Missouri sheltered workshops can be found at the following internet address: http://www.dese.mo.gov/divspeced/shelteredworkshops/index.html. c. 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.lhbindustries.com http://www .alphapointe.org d. Commitment - If the bidder's bid is awarded, the organization for the blind or sheltered workshop participation committed to by the bidder on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement. 4.9 Exhibit F, Missouri Service Disabled Business Preference: 4.9.1 Pursuant to section 34.074 RSMo, and 1 CSR 40-l.OSOa, a three (3) bonus point preference shall be granted to bidders who qualify as Missouri service-disabled veteran businesses and who complete and submit Exhibit F, Missouri Service-Disabled Veteran Business Preference with the bid. If the bid does not include the completed Exhibit F and the documentation specified on Exhibit F in accordance with the instructions provided therein, no preference points will be applied. 4.10 Exhibit G, Missouri Secretary of State/Authorization to Transact Business IFB 16708417 Page 13 4.1 0.1 In accordance with section 351.572.1, 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. Bidders must either be registered with the Missouri Secretary of State, or exempt per a specific exemption stated in section 351.572.1, RSMo. http://www.moga.mo.gov/mostatutes/stathtml/351 00005721.html 4.11 Cost Evaluation: 4.11.1 The Percentage shall be considered firm for the duration of the contract period indicated on the Notice of Award of a contract. 4.11.2 The bidder shall submit a percentage of gross sales on EXHIBIT A, Pricing Page for the line item. All percentages shall be quoted FOB Destination, Prepaid and Allowed. 4.11.3 The bidder should complete the "Terms" and the "Bidder's Acceptance of the State Purchasing Card" sections on EXHIBIT A, Pricing Page. 4.11.4 The cost evaluation shall be based on the total cost determined using the percentage and the quantity indicated on EXHIBIT A, Pricing Page. The total cost shall be calculated by multiplying the commission X estimated sales. a. Coi'>t evaluation points shall be determined from the result of the calculation stated above using the following formula: ____ C.=...::..om::.:::.cp~a=-re.=..d::...B=-.:..id.=..d.=..e:..:.r:..:.'s~P~n.:..:· c:....:e~--- X Maximum Cost Highest Responsive Bidder's Price Evaluation Points (100) Assigned Cost Points b. NOTE: The prompt pavment discount terms on contracts will not be used in any cost calculation. 4.12 Determination for Award: 4.12.1 Award shall be made to the lowest priced responsive bidder. Another factor that affects the determination of the lowest priced responsive bidder includes consideration of the Missouri Service-Disabled Veteran Business Preference explained in the paragraph that follows. 4.12.2 Determination of Lowest Priced Bidder including Consideration of Preferences - After completing the cost evaluation and determining preference bonus points, the bidder with the most points is considered the lowest bidder. Total points shall be compared for the total evaluated bid price as follows: Total Assigned Cost Points+ earned preference points= Total Points 4.12.3 The Department reserves the right to reject any bid which is determined unacceptable for reasons which may include but are not necessarily limited to: 1) failure of the bidder to meet mandatory general performance specifications; and/or 2) failure of the bidder to meet mandatory technical specifications; and/or; 3) receipt of any information, from any source, regarding delivery of unsatisfactory product or service by the bidder within the past three years. As deemed in its best interests, the Department reserves the right to clarify any and all portions of any bidder's offer. IFB 16708417 Page 22 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 amendment thereto, the definition or meaning described below shall apply. a. 1 CSR 40-1 (Code of State Regulations) 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. Amendment means a written, official modification to an IFB or to a contract. d. 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. e. Bid Opening Date and Time and similar expressions mean the exact deadline required by the IFB for the receipt of sealed bids. f. Bidder 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. g. 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. h. Contract means a legal and binding agreement between two or more competent parties for consideration for the procurement of equipment, supplies, and/or services. 1. Contractor means a person or organization who is a successful bidder as a result of an IFB and who enters into a contract. j. Exhibit applies to forms which are included with an IFB for the bidder to complete and submit with the sealed bid prior to the specified opening date and time. k. Invitation for Bid (IFB) means the solicitation document issued by the Department to potential bidders for the purchase of equipment, supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Exhibits, Attachments, and Amendments. I. May means that a certain feature, component, or action is permissible, but not required. m. 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. n. Pricing Page(s) applies to the Exhibit on which the bidder 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 bidder with the sealed bid prior to the specified bid opening date and time. o. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the procurement operations of the Department. p. Shall has the same meaning as the word must. q. 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 of the State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the 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 of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and 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. IFB 16708417 Page 23 d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. e. The exclusive venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in the Circuit Court of Cole County, Missouri. f. The contractor shall only utilize personnel authorized to work in the United States in accordance with applicable federal and state laws and Executive Order 07-13 for work performed in the United States. 3. CONTRACT ADMINISTRATION a. All contractual administration will be carried out by the Buyer of Record or authorized Department Purchasing Section designee. Communications pertaining to contract administration matters will be addressed to: Department of Corrections, Purchasing Section, PO Box 236, Jefferson City, MO 65102. b. The Buyer of Record/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 bidder'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 bidders regarding specifications, requirements, competitive bid process, etc., must be directed to the Buyer of Record of the Department, unless the IFB specifically refers the bidder to another contact. Such communication should be received at least ten (1 0) calendar days prior to the official bid opening date. b. Every attempt shall be made to ensure that the bidder receives an adequate and prompt response. However, in order to maintain a fair and equitable bid process, all bidders will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. Therefore, bidders are advised that unless specified elsewhere in the IFB, any questions received less than ten ( 1 0) calendar days prior to the IFB opening date may not be answered. c. Bidders 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 amendment 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 bidders, price-fixing by bidders, or any other anticompetitive conduct by bidders 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 are available for viewing and downloading on the Department's website. f. The Department reserves the right to officially amend or cancel an IFB after issuance. 5. PREPARATION OF BIDS a. Bidders must examine the entire IFB carefully. Failure to do so shall be at the bidder's risk. 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 bidder 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 bidder shall explain, in detail, (1) 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. IFB 16708417 Page 24 e. In the event that the bidder 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 bidder may submit a bid which contains a list of statutory limitations and identification of those prohibitive clauses. The bidder 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 and 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 shall 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 all prices, shall be firm for the specified contract period. 1. Any foreign bidder 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. All bids must be submitted by a duly authorized representative of the bidder's organization, contain all information required by the IFB, and be priced as required. Bidders 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 bidder 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 bidder 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. d. 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 bidder 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 bidder. Justification of a withdrawal decision may include a significant error or exposure of bid information that may cause irreparable harm to the bidder. f. Bidders must sign and return the IFB cover page or, if applicable, the cover page of the last amendment thereto in order to constitute acceptance by the bidder of all the IFB terms and conditions. Failure to do so may result in the rejection of the bid unless the bidder's full compliance with those documents is indicated elsewhere within the bidder's response. g. Faxed and e-mailed bids shall not be accepted; however, faxed and e-mail no-bid notifications shall be accepted. IFB 16708417 Page 25 7. BID OPENING a. Bid openings are public on the opening date and time specified in the IFB document. Names, locations, and prices of respondents shall be read at the bid opening. 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 1 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 of Missouri 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/A WARD 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 bidder 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 bidder shall be subject to evaluation if deemed by the Department to be in the best interest of the State of Missouri. c. The bidder 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 bidder(s) whose bid (1) complies with all mandatory specifications and requirements of the IFB and (2) is the lowest and best bid, considering price, responsibility of the bidder, 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 bidders fail to meet the same mandatory requirement in an IFB, the Department reserves the right, at its sole discretion, to waive that requirement for all bidders and to proceed with the evaluation. In 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 bidder, from a bidder's references, or from any other source. h. Any information submitted with the bid, regardless of the format or placement of such information, may be considered in making decisions related to the responsiveness and merit of a bid and the award of a contract. 1. Any award of a contract shall be made by notification from the Department to the successful bidder. 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. Bidders who include an e-mail address with their bid will be notified of the award results via e-mail if requested. 1. The Department reserves the right to request clarification of any portion of the bidder's response in order to verify the intent of the bidder. The bidder is cautioned, however, that its response may be subject to acceptance or rejection without further clarification. IFB 16708417 Page 26 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 determination of contract award(s) shall be made by the Department. 10. CONTRACT/PURCHASE ORDER a. By submitting a bid, the bidder agrees to furnish any and all equipment, supplies and/or services specified in the IFB, at the prices quoted, pursuant to all requirements and specifications contained therein. b. 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 of award" or by "purchase order." All Exhibits and Attachments included in the IFB shall be incorporated into the contract by reference. c. 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 of authorization given to the contractor at the discretion of the Department. d. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal 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. 11. INVOICING AND PAYMENT a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation. b. For each purchase order received, an invoice must be submitted that references the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. c. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the IFB. d. The Department assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Department's rejection and shall be returned to the contractor at the contractor's expense. e. All invoices for equipment, supplies, and/or services purchased by the Department shall be subject to late payment charges as provided in section 34.055 RSMo. f. The Department reserves the right to purchase goods and services using the state purchasing card. 12. DELIVERY a. Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than the time stated in the contract or within a reasonable period of time if a specific time is not stated. b. A Missouri Uniformed Law Enforcement System (MULES) background check may be required on the contractor's delivery driver prior to allowing a delivery vehicle entrance to certain institutions. A valid Missouri driver's license is required from the driver to perform the MULES background check. If the driver does not have a valid Missouri driver's license, their social security number and date of birth are required. If a driver or carrier refuses to provide the appropriate information to conduct a MULES background check, or if information received from the background check prohibits the driver or carrier from entering the institution, the delivery will be refused. Additional delivery costs associated with re-deliveries or contracting with another carrier for delivery shall be the responsibility of the contractor. c. Unless a pallet exchange is requested at the time of delivery, all pallets used in the delivery of equipment and supplies shall become property of the Department. IFB 16708417 Page 27 13. INSPECTION AND ACCEPTANCE a. No equipment, supplies, and/or services received by the Department pursuant to a contract shall be deemed accepted until the Department has had reasonable opportunity to inspect said equipment, supplies, and/or services. b. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements, or which are otherwise unacceptable or defective, may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection), may be rejected. c. The Department reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. d. The Department's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have. 14. WARRANTY a. The contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by the Department, (2) be fit and sufficient for the purpose expressed in the IFB, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. b. Such warranty shall survive delivery and shall not be deemed waived either by reason of the Department's acceptance of or payment for said equipment, supplies, and/or services. 15. CONFLICT OF INTEREST a. Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454 RSMo regarding conflict of interest. b. The contractor hereby covenants that at the time of the submission of the bid the contractor has no other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict. 16. CONTRACTOR STATUS a. The contractor represents itself to be an independent contractor offering such services to the general public and shall not represent itself to be an employee of the State of Missouri. Therefore, the contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees, harmless from and against, any and all loss, costs (including attorney fees), and damage of any kind related to such matters. 17. REMEDIES AND RIGHTS a. No provision in the contract shall be construed, expressly or implied, as a waiver by the Department of any existing or future right and/or remedy available by law in the event of any claim by the Department of the contractor's default or breach of contract. b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor to the Department of all rights, title and interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the Department for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract with the Department. IFB 16708417 Page 28 18. SEVERABILITY a. If any provision of this contract or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this contract which can be given effect without the invalid provisions or application, and to this end the provisions of this contract are declared to be severable. 19. CANCELLATION OF CONTRACT a. In the event of material breach of the contractual obligations by the contractor, the Department may cancel the contract. At its sole discretion, the Department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than ten (1 0) working days from notification, or at a minimum, the contractor must provide the Department within ten (1 0) working days from notification a written plan detailing how the contractor intends to cure the breach. b. If the contractor fails to cure the breach, or if circumstances demand immediate action, the Department will issue a notice of cancellation terminating the contract immediately. If it is determined the Department improperly cancelled the contract, such cancellation shall serve as notice of termination for convenience in accordance with the contract. c. If the Department cancels the contract for breach, the Department reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the Department deems appropriate and charge the contractor for any additional costs incurred thereby. d. The contractor enderstands and agrees that if the funds required to fund the contract are appropriated by the General Assembly of the State of Missouri, the contract shall not be binding upon the Department for any contract period in which funds have not been appropriated, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations. e. If the Department has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Department shall declare a breach and cancel the contract immediately without incurring any penalty. 20. TERMINATION OF CONTRACT a. The Department reserves the right to terminate the contract at any time for the convenience of the Department, without penalty or recourse, by giving 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 just and equitable compensation for services and/or supplies or equipment delivered to and accepted by the Department pursuant to the contract prior to the effective date of termination. 21. ASSIGNMENT OF CONTRACT a. The contractor shall neither assign nor transfer any of the rights, interests, or obligations of the contract without the prior written consent of the Department. 22. COMMUNICATIONS AND NOTICES a. Any notice to the contractor shall be deemed sufficient when e-mailed to the contractor at the e-mail address indicated in the contract, or transmitted by facsimile to the facsimile number indicated in the contract, or deposited in the United States mail, postage prepaid, and addressed to the contractor at the address indicated in the contract, or hand-carried and presented to an authorized employee of the contractor. b. If the contractor desires to receive written notices at a different e-mail address, facsimile number, or USPS address than what is indicated in the contract, the contractor must submit this request in writing upon notice of award. 23. FORCE MAJEURE a. The contractor shall not be liable for any excess costs for delayed delivery of goods or services to the Department if the failure to perform the contract arises out of causes beyond the control of, and without the fault or negligence of, the contractor. Such causes may include, however are not restricted to: acts of God, IFB 16708417 Page 29 fires, floods, epidemics, quarantine restrictions, strikes, and freight embargoes. In all cases, the failure to perform must be beyond the control of, and without the fault or negligence of, either the contractor or any subcontractor(s). The contractor shall take all possible steps to recover from any such occurrences. 24. CONTRACT EXTENSION a. In the event of an extended re-procurement effort and the contract's available renewal options have been exhausted, the Department reserves the right to extend the contract. If exercised, the extension shall be for a period of time as mutually agreed to by the Department and the contractor at the same terms, conditions, provisions, and pricing in order to complete the procurement process and transition to a new contract. 25. INSURANCE a. The State of Missouri cannot save and hold harmless and/or indemnify the contractor or its employees against any liability incurred or arising as a result of any activity of the contractor or 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. 26. BANKRUPTCY OR INSOLVENCY a. Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor must notify the Department immediately. b. Upon learning of any such actions, the Department reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages. 27. INVENTIONS, PATENTS AND COPYRIGHTS a. The contractor shall defend, protect, and hold harmless the Department, its officers, agents, and employees against all suits oflaw or in equity resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms of the contract. 28. CONTRACTOR PROPERTY a. Upon expiration, termination or cancellation of a contract, any contractor property left in the possession of the Department after forty-five (45) calendar days shall become property of the Department. 29. NON-DISCRIMINATION AND AFFIRMATIVE ACTION a. In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against recipients of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age, disability, or veteran status unless otherwise provided by law. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include: I. A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination; 2. The identification of a person designated to handle affirmative action; 3. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a wage and salary structure, and standards applicable to layoff, recall, discharge, demotion, and discipline; 4. The exclusion of discrimination from all collective bargaining agreements; and 5. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning. IFB 1670841 7 Page 30 b. If discrimination by a contractor is found to exist, the Department shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, suspension, or debarment by the Department until corrective action by the contractor is made and ensured, and referral to the Attorney General's Office, whichever enforcement action may be deemed most appropriate. 30. AMERICANS WITH DISABILITIES ACT a. In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA). 31. FILING AND PAYMENT OF TAXES a. The commissioner of administration and other agencies to which the state purchasing law applies shall not contract for goods or services with a vendor if the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes of this section, "affiliate of the vendor" shall mean any person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or otherwise. Therefore a bidder's failure to maintain compliance with chapter 144, RSMo may eliminate their bid from consideration for award. 32. TITLES a. Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language. Revised 08/07/2014 I I l I ' I ! .I IFB 16708417 STAFF ONLY MACHINES Administration, 2nd Floor ATTACHMENT 1 List of Equipment 1 Beverage Machines (20 oz. plastic bottles) 1 Hot Beverage Machine (8 & 12 oz) 1 Snack Machine 1 Cold Food Machine 1 Bulk Bill Changer (accepts $1, $5, $10, & $20 dispensing $1 coins and quarters) Staff Dining 2 Beverage Machines (20 oz. plastic bottles) 2 Snack Machine 1 Cold Food Machine Maintenance Building 1 Beverage Machine (20 oz. plastic bottles) 1 Snack Machine Medical Offices 1 Beverage Machine (20 oz. plastic bottles) 1 Snack Machine Housing Unit 2 1 Beverage Machine (20 oz. plastic bottles) Custody Complex 1 Refrigerated Snack Machine capable of vending beverages (20 oz. plastic bottles) Custody Admin 5 Feminine Hygiene Machines (various locations) Major's Hallway 1 Beverage Machine (20 oz. plastic bottles) 1 Snack Machine Back Gate 1 Beverage Machine (20 oz. plastic bottles) Housing Unit 7 1 Beverage Machine (20 oz. plastic bottles) 1 Snack Machine Page 31 IFB 16708417 Weight Room ATTACHMENT 1 Continued List of Equipment 1 Beverage Machine (20 oz. plastic bottles) 1 Snack Machine Power Plant 1 Beverage Machine (20 oz. plastic bottles) (ALL THE ABOVE MACHINES SHALL HAVE $1 BILL CHANGER) STAFF AND OFFENDER MACHINES 3 Beverage Machines (20 oz. plastic bottles) 2 Snack Machines 2 Cold Food Machines 1 Cold/Frozen Food Machine 3 Non-Commercial Microwaves 1 Condiment Bars 2 Bill Changers (Changes $1, $5, $10 and $20 dispensing $1 coins and quarters) Page 32 Machines are to be in first class condition and have a dollar bill changer. The Department reserves the right to final approval of all equipm