request for proposal (rfp)


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STATE OF MISSOURI OFFICE OF ADMINISTRATION DIVISION OF PURCHASING AND MATERIALS MANAGEMENT (DPMM) REQUEST FOR PROPOSAL (RFP)

RFP NO.: B2Z15010 TITLE: Point of Sale Permit Distribution System ISSUE DATE: 11/05/14

REQ NO.: NR 400 150001 BUYER: Paul Linhardt E NO.: (573) 751-4578 E-MAIL: [email protected]

RETURN PROPOSAL NO LATER THAN: 12/09/14 AT 2:00 PM CENTRAL TIME MAILING INSTRUCTIONS:

RETURN PROPOSAL TO:

Print or type RFP Number and Return Due Date on the lower left hand corner of the envelope or package. Delivered sealed proposals must be in DPMM office (301 W High Street, Room 630) by the return date and time. (U.S. Mail) DPMM or PO BOX 809 JEFFERSON CITY MO 65102-0809

(Courier Service) DPMM 301 WEST HIGH STREET, RM 630 JEFFERSON CITY MO 65101

CONTRACT PERIOD: DATE OF AWARD THROUGH TWO YEARS DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS: Department of Conservation Various Locations The offeror hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Request for Proposal (Revised 12/27/12). The offeror further agrees that the language of this RFP shall govern in the event of a conflict with his/her proposal. The offeror further agrees that upon receipt of an authorized purchase order from the Division of Purchasing and Materials Management or when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the offeror and the State of Missouri.

SIGNATURE REQUIRED DOING BUSINESS AS (DBA) NAME

LEGAL NAME OF ENTITY/INDIVIDUAL FILED WITH IRS FOR THIS TAX ID NO.

MAILING ADDRESS

IRS FORM 1099 MAILING ADDRESS

CITY, STATE, ZIP CODE

CITY, STATE, ZIP CODE

CONTACT PERSON

EMAIL ADDRESS

PHONE NUMBER

FAX NUMBER

TAXPAYER ID NUMBER (TIN)

TAXPAYER ID (TIN) TYPE (CHECK ONE)

___ FEIN VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)

___ Corporation

___ Individual

VENDOR NUMBER (IF KNOWN)

___ SSN

___ State/Local Government

(NOTE: LLC IS NOT A VALID TAX FILING TYPE.)

___ Partnership

AUTHORIZED SIGNATURE

DATE

PRINTED NAME

TITLE

___ Sole Proprietor

___Other ________________

B2Z15010

1.

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INTRODUCTION AND GENERAL INFORMATION

This section of the RFP includes a brief introduction and background information about the intended acquisition for which the requirements herein are written. The contents of this section are intended for informational purposes and do not require a response. 1.1

Purpose:

1.1.1

This document constitutes a request for sealed proposals from prospective offerors to develop, install, operate, and maintain an electronic point-of-sale permit distribution system (hereinafter referred to as the system) for the Missouri Department of Conservation in accordance with the requirements and provisions stated herein.

1.2

Background:

1.2.1

The Missouri Department of Conservation (hereinafter referred to as the state agency) is responsible for the distribution, sale, and revenue collection of hunting and fishing sport and commercial permits throughout Missouri. The state agency's distribution network consists of approximately 1,200 retail outlets and state agency installations located within Missouri (hereinafter referred to as permit vendors).

1.2.2

Annual permit sales are approximately $33,000,000.00. Annual sales volume per vendor location ranges from $1,000.00 to $450,000.00, with an average volume of approximately $25,000.00. Approximately 30% of permit vendors sell 79% of the permits. Wal-Mart, which currently has 125 stores selling permits, handles approximately 50% of permit sales. Depending on the sales volume of permit vendors, revenue is collected on a weekly or monthly basis.

1.2.3

The state agency desires to replace its current automated point of sale (POS) permit distribution/revenue collection system with a functionally equivalent replacement system. The current POS system is a real-time online system which must operate on twenty-four (24) hours per day, seven (7) days a week basis. The POS system captures permit buyer data and sales data at the point-of-sale, immediately updates the database, produces permits on-site using one generic permit form, and uses Automated Clearing House (ACH) systems to transfer revenue.

1.2.4

Major benefits of an electronic system for the state agency include streamlined processing, elimination of paper processing and hard copy files, elimination of printing, warehousing, and distribution costs, timely revenue collection, and a provision for the maintenance of a historical data base of permit buyers and the capability of combining related data bases such as the hunter education certification data base.

1.2.5

Major benefits of an electronic system for the public include a convenient and efficient means for purchasing hunting and fishing sport permits.

1.2.6

Major benefits of an electronic system for the permit vendor include a fast and efficient means of selling permits, the elimination of inventory tracking of multiple permit types, and an automated reporting system.

1.2.7

The state agency sells approximately 2,600,000 permits annually to approximately 1,200,000 individual permit buyers (hereinafter referred to as the customers). Conservation Heritage cards are issued to individuals to track their personal information and are used when purchasing permits. Conservation Heritage cards also include any hunter education certification course(s) the individual has completed. Approximately 30,000 individuals complete the hunter certification course(s) annually.

1.2.8

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

1.3

Current POS System Historical Information:

1.3.1

The state agency currently uses a completely automated point-of-sale (POS) permit distribution system. The current POS system includes:

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a.

A permit customer database of approximately 5.7 million permit customer records housed at the host system.

b.

Approximately 1,500 VeriFone VX570 data terminals.

c.

Approximately 1,500 VeriFone P802 printers

d.

Telecommunications network to facilitate transactions between terminals and the host system.

e.

Software to operate both the host system and terminal.

f.

A detailed accounting and reporting system.

g.

Automated Clearing House (ACH) function for electronic transfer of permit funds.

h.

Twenty-four (24) hours per day, seven (7) days a week help desk for permit vendors.

1.3.2

For the 2013 permit year approximately 3,600 valid privileges were issued for a total permit value of $123,900.

1.3.3

The current system operates as a real-time; on line permit sales system with a store and forward capacity as back up. Approximately eighty-nine (89) different permit types are sold through the VeriFone POS terminals and printed on the VeriFone printers. Missouri permit vendors enter customer information (id number and permit code) at the point of sale terminal. The POS terminal sends a transaction to the host database, updates the customer record, and receives approval for the sale from the host. After approval, the terminal prints the desired permit, and the permit vendor collects payment. The state agency then withdraws funds electronically from the permit vendors’ bank accounts on a predetermined schedule, normally once weekly or once monthly.

1.3.4

As the state agency has invested considerable time and resources in training staff and permit vendors on the current POS system, the state wishes to replace the current system with a new electronic permit distribution system. This system should offer a sales process which is functionally similar to the system currently in use, in order to allow customers and vendors who are familiar with the current system to learn the new process easily.

1.3.5

Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the current POS system historical information provided herein reflects all relationships or existing conditions related to this Request for Proposal.

1.4

Awarded Bid & Contract Document Search:

1.4.1

Both the current contract (C207011001) and the previous procurement documentation (B2Z07011) may be viewed and printed from the “Awarded Bid & Contract Document Search” located on the Internet at http://content.oa.mo.gov/purchasing-materials-management.

1.5

Pre-Proposal Conference:

1.5.1

A pre-proposal conference regarding this Request for Proposal will be held on Thursday, November 20 at 1:30 p.m. Central Time in Room 400 of the Harry S Truman Building, 301 West High Street, Jefferson City, Missouri. Potential offerors may also call into the pre-proposal conference using the following information: Phone Number: 1-573-526-6500 Meeting ID/Number: 804 128 702 https://stateofmo.webex.com/stateofmo/j.php?J=804128702 No password is required

1.5.2

All potential offerors are encouraged to attend the pre-proposal conference in order to ask questions and provide comments on the RFP. Attendance is not required in order to submit a response; however, offerors are encouraged to attend since information relating to this RFP will be discussed in detail. Offerors should bring a

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copy of the RFP since it will be used as the agenda for the pre-proposal conference. Vendor questions and the state’s response will not be posted. 1.5.3

All potential offerors should notify the Buyer of record of the intent to attend the pre-proposal conference within five (5) calendar days of the date of the pre-proposal conference.

1.5.4

Offerors are strongly encouraged to advise the Division of Purchasing and Materials Management within five (5) working days prior to the scheduled pre-proposal conference of any special accommodations needed for persons with disabilities who will be attending the conference so that these accommodations can be made.

1.6

Email Questions:

1.6.1

It is the offeror’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing and Materials Management (DPMM) if the offeror believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory and/or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the offeror’s ability to submit a proposal.

1.6.2

All questions and issues should be submitted ten (10) calendar days prior to the due date of the proposal. If not received prior to ten (10) calendar days before the proposal due date, the DPMM may not be able to fully research and consider the respective questions or issues. Questions and issues relating to the RFP must be directed to the buyer, Paul Linhardt. It is preferred that questions be e-mailed to the buyer at [email protected].

1.7

Offeror's Contacts:

1.7.1

Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. The offeror may contact the Office of Equal Opportunity (OEO) regarding MBE/WBE certification or subcontracting. Offerors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

1.8

Attachments:

1.8.1

The offeror is advised that the attachments to this document referenced below provide additional information and instruction. However, due to the size and nature of the electronic file, Attachment 3 is not able to be incorporated into this document but, instead, must be downloaded from the Division of Purchasing and Materials Management’s website at: https://www.moolb.mo.gov. The attachment is separate downloadable document located on the same web page from where the RFP document is downloadable. It shall be the sole responsibility of the offeror to obtain the attachment. The offeror shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the offeror to obtain a copy of the attachments. The following describes the Attachments to this RFP: a. Attachment 1: Request for Project Assessment Quotation (PAQ) Form b. Attachment 2: Software Diagram of To-be System c. Attachment 3: Examples of Current Permits and Heritage Cards

1.9

Terminology/Definitions:

1.9.1

Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any amendment thereto, the definition or meaning described below shall apply. a.

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

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b. Amendment means a written, official modification to an RFP or to a contract. c. Attachment applies to all forms which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications. d. Buyer means the procurement staff member of the DPMM. The Contact Person as referenced herein is usually the Buyer. e. Conservation ID Number – 9 digit unique identifier to designate a customer record. f. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services. g. Contractor means a person or organization who is a successful offeror as a result of an RFP and who enters into a contract. h. Exhibit applies to forms which are included with an RFP for the offeror to complete and submit with the sealed proposal prior to the specified opening date and time. i. Host Database System (System) – The overall automated database system that stores all data, authorizes transactions based on established business rules, initiates ACH transfers, provides accounting records for vendor accounts and individual customers, and controls all aspects of issuing hunting and fishing permits. j. May means that a certain feature, component, or action is permissible, but not required. k. MDC Integrative Data – A collection of related but distinct datasets that contain hunter education records, managed hunt drawing records, personal data for permit customers among others. l. Must means that a certain feature, component, or action is a mandatory condition. m. Offeror means the person or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document. n. Permit – A permit represents the document printed for the customer following the purchase of a single or multiple privileges. Contains one or more privileges. o. Permit Vendor – A vendor represents a specific public location from which permits are issued. The vendor acts as a point of contact for the state agency by providing information and the ability to purchase a permit. Each vendor must be identified by an Account number and have the ability to have multiple sales devices registered to their account. p. Permit Year – Each privilege must be accounted for within a specific permit year, which correlates to the calendar year, but may overlap both at the beginning and the end of the calendar year. No single privilege will be available in two permit years at the same time. Some privileges are available one month before the beginning of the calendar year, and some other privileges are available up to four months after the end of the calendar year. For example: Privileges for Permit Year 2014 are available from December 1, 2013 through April 30, 2015. q. Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the offeror with the sealed proposal prior to the specified proposal opening date and time. r. Privilege – A privilege represents the hunting and/or fishing method made available to the customer. s. Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals. t. Replicated Database – Contains all of the information on all privileges sold or issued, all buyer information, and others. u. Request for Proposal (RFP) means the solicitation document issued by the DPMM to potential offerors 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 Pricing Pages, Exhibits, Attachments, and Amendments thereto. v. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of DPMM. w. Sales Device – a personal computer or portable device used to conduct a permit sale transaction. x. Shall has the same meaning as the word must. y. Should means that a certain feature, component and/or action is desirable but not mandatory. z. Swept – To move cash balances into another account. aa. Transaction – A transaction represents the process of accessing and updating the database, issuing privileges to a specific customer and printing the permit. END OF SECTION

B2Z15010

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SCOPE OF WORK

This section of the RFP includes requirements and provisions relating specifically to the scope of work requirements of the agency. The contents of this section include mandatory requirements that will be required of the successful offeror and subsequent contractor. Response to this section by the offeror is requested in the Exhibit section of this RFP. The vendor’s response, whether responding to a mandatory requirement or a desired attribute will be binding upon the vendor in event the proposal is accepted by the state. 2.1

Technical Specifications:

2.1.1

General Requirements: a.

The electronic permit system (hereinafter referred to as the system) must include all hardware, software, and communication components that meet or exceed the minimum requirements defined herein to meet the demands and interests of three primary groups: 1) The state agency; 2) the permit vendor; and 3) the customer.

b. Separate sales channels must be provided for individual at-home internet customers, telephone sales, administrative users at the state agency, and authorized retail permit vendors. Separate payment procedures will be required for each channel. 1) All sales channels must be compatible for use with a personal computer and a standard internet connection, and must be designed to be as efficient as possible, to allow operation at locations where high speed service may be inconsistent or unavailable. 2) A separate sales function must be included to issue, manage, and account for commercial and confined wildlife permits, which are intended for a smaller and more specialized group of customers with specific needs. c.

The host database system must be located within the United States.

d. The electronic permit system must provide complete accountability and control of sales and revenue by permit type, permit year, by permit vendor, and by customer. e.

The system must capture personal data of the customer at the point of sale to build and maintain a historical database of permit customers.

f.

The system must print permits at the point of sale for approximately eighty-nine permit types. The permit must be able to be printed on 8.5 x 11 standard paper. The four different formats referenced in paragraph 2.1.7 refer to specific print templates that are printed on the blank stock depending on which kind of permit is issued. If required, the system must also be capable of adding additional permit types in the future.

g. The system must allow for online administrative access of customer and permit vendor records by 400 to 800 state agency staff concurrently. h. The system must allow the state agency to track privilege sales by customer, vendor, county, region, and state totals. Totals must be accounted for by date, privilege type, and permit year. i.

The system must collect sales and revenues data through the use of electronic data capture and transmission, and use Automated Clearing House (ACH) systems to transfer revenue.

B2Z15010

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For individual at-home internet customers, the system must provide a secure online payment process that allows customers to pay for permits using a credit or debit card.

k. For vendor internet sales, the system will not collect payment information for permits purchased by the customer as the vendor will be responsible for the collection of any fees pertaining to the permits sold. l.

The system must allow for a simple and easy-to-follow sale process in all sales channels.

m. The system must allow for multiple privilege purchases within the same transaction. n. The system must provide easily understood and intuitive user training. o. The system must automate all reporting and record keeping procedures, and provide summary reports for permit vendors to track sales. p. The system must provide quick and convenient availability of permits at a variety of permit vendor locations around the state, and must be compatible with various internet connections, including dial-up, at locations statewide. q. The system should allow for standardized address verification when completing a customer’s profile information, but the users must have the capability to override the address verification. r.

The system must log all manual updates and changes to the customer record into a maintenance log. All updates in the maintenance log must be available for review, including the change, date, time, user ID and author of any updates. This log must be available for on-line inquiry viewing screens for state agency staff.

s.

The system must be designed to accommodate future changes or upgrades which may be desirable as a result of new technology or required by regulatory changes that require revision of permit issuing rules.

t.

The system must provide an interface which allows MDC authorized users administrative access to specific functions and data, with specific levels of security to restrict access for viewing only, and for editing and update of data records. For all of the above, the administrative access viewing screens must be streamlined to display and access essential information without unnecessary clutter and extraneous data fields. Administrative access will be used by a wide variety of state agency staff, and the data displayed must be simple to understand and access for users with varying levels of sophistication. This user interface is critically important and must be configured to meet the state agency’s specific needs.

u. The system must provide administrative access optimized for use by mobile devices. v. The state agency must be provided a simple and direct method to void, reverse or invalidate permits or individual privileges, issue permits through administrative access to charge to a specific permit vendor account, or at no charge, and reverse charges for specific transactions or privileges to permit vendors as a way to correct mistakes. w. The contractor must provide a replicated database for queries and data retrieval that will be stored on the state agency’s SQL Server database. x. The system must provide frequent database replication from the host database system with updates provided at least hourly. The replication and updates shall be to a database server inside the agency’s firewall. y. It is desirable for the system to provide near real-time updates to the database. An additional desirable alternative to a replicated database would be to provide the state agency staff with Web API access to the real time data, in order for the state agency to use real time data for their external applications. z.

The system must have a capacity to handle an extremely high volume of transactions without degradation of performance. The state agency routinely experiences known high transaction volumes during certain hunting

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and fishing seasons. During these high volume sales periods (such as deer season) the system must be capable of handling as many as 25,000 transactions per hour. These are extreme conditions, but based on actual historical data are known to occur seasonally, and the system must be robust enough to operate accurately and efficiently during these critical circumstances. This requirement cannot be stressed strongly enough, as this item is crucial to the success of the state agency’s mandated responsibility to offer permits for sale to the customers. aa. During December 1 through April 30, the state agency issues privileges for two separate permit years. The system must be able to assign privileges to the corresponding permit year and differentiate between the permit year and the date of issuance for reporting purposes. During this timeframe, a single privilege of the same type shall not be issued for more than one permit year. bb. The system must include the ability to survey each customer based on permit choice. The survey must include several questions established by the state agency regarding hunting or fishing habits. The questions must be prompted during the sale process and the responses must be stored in the database. cc. The system must include a process to send an email reminder to customers who buy permits online, whereby customers will receive a notice prior to expiration of their permits with a request to renew for another season. ff. It is desirable for the system to provide a feature that creates a process where an automated job loads a file from the Interstate Wildlife Violator’s Compact into the system. 2.1.2

System Component Requirements: a.

The application used to issue permits at the permit vendor locations must be capable of providing interactive operation with display screen, printing of permits and permit vendor receipts, and user friendly data entry method (keyboard or equivalent). This application should be functionally similar to the system currently in use, in order to take maximum advantage of user familiarity.

b. The system must be capable of verifying eligibility to coincide with the state agency’s programs including hunter safety. c.

The system must meet all requirements of Payment Card Industry Data Security Standard 3.0 (PCI DSS 3.0)

d. Adequate security/fraud controls must be built into the system and updated regularly to prevent tampering or bypassing of the system by unauthorized individuals. e.

Permit vendors must have access to audit reports summarizing daily, weekly, or monthly transactions to aid in reconciliation of daily receipts. Reports must include cumulative gross sales totals and be identified by permit year.

f.

Permit vendors must be able to use more than one device at a single location and transactions must be able to be tracked by each individual device.

g. In the event of equipment failure, the system must be able to quickly register another device to a vendor’s account. 2.1.3

Database Component Requirements: a.

The system must incorporate and maintain the existing database of all permit customers and permit vendors.

b. Future changes necessary due to changes in MDC software packages or databases, the contractor’s costs related to such changes shall be addressed via the PAQ process defined in RFP section 2.2.6. c.

The host database system must be able to automatically integrate/update with existing MDC systems and send/receive data files from external systems. Integrations must include, but are not limited to:

B2Z15010

MDC In-House Software Package Bowhunter Education

Cable Restraint

Driver’s License Records

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Brief Description

Edit bowhunter education students to existing buyers and add bowhunter education students as buyers to the system for newly certified hunters. Edit cable restraint students to existing buyers and add cable restraint students as buyers to the system for newly certified hunters. Buyer information can be obtained from or updated from driver’s license data.

Hunter Education

Edit Hunter Education students to existing buyers and add hunter education students as buyers to the system for newly certified hunters.

Managed Hunts

Set flags for buyers to be able to purchase managed hunt privileges. Currently only used for managed deer hunts but must be expandable to include other species in the future. Managed deer hunts require 3 data fields: one for hunt number, one for the number of tags to be printed, and one for the conservation ID of the hunter that won hunts.

Technical Description

It is anticipated that the system for bowhunter education will change in calendar year 2015. Currently the data is in Oracle version 10g and the bowhunter education data is pushed to the permit system by transportation of a fixed width text file.

It is anticipated that the system for cable restraint will change in calendar year 2015. Currently the data is in Oracle version 10g and the data is manually entered into the permit system.

Currently this is done through a manual process involving unencrypted data using a FTP server through a VPN. MDC is working on moving the process to an automated process with an encrypted file to a SFTP site. It is anticipated that the system for hunter education will change in calendar year 2015. Currently the data is in Oracle version 10g and the hunter education data is pushed to the permit system by transportation of a fixed width text file.

Currently, MDC’s success file is sent by FTP to the current contractor and they import it into their system. The file is a comma delimited text file. Other suitable methods of getting this information to the current contractor shall be acceptable.

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MDC In-House Software Package Preference Points

Brief Description

Technical Description

Related to Managed Hunts; points are kept based on number of managed hunts applied for but not awarded. Must include hunt type, number of points, and hunt year those points were added or subtracted.

There are two files that manage this process. The above Managed Hunt file is used to set the winners to zero. The second file is a list of hunters who registered for a managed hunt but didn’t win one. Their preference point total will be incremented by one. Here sample data:

Revocation Buyers’ hunting privileges are revoked or reinstated based upon a variety of factors. Revocations may be required because of child support enforcement, judicial action, Conservation Commission action, hunting or fishing violations, Interstate Wildlife Violator’s Compact, or other state laws such as recent legislation allowing revocation of privileges to enforce restitution of incarceration costs. Telecheck Telecheck ID generated for privileges requiring hunters to report harvest.

MOHF_PREFPOINTS PREF_BUYER_ID PREF_YEAR PREF_TYPE PREF_POINTS

349 2008 D 0 349 2009 D 1 349 2010 D 0 349 2011 D 1 349 2012 D 2 349 2013 D 3 You can see that in 2008 and 2010 this hunter won hunts. He currently has 3 preference points. This is currently a manual process where buyer records are marked as revoked within the state agency’s administrative access user screens. Some will continue to be added manually.

A Telecheck ID is generated and kept in the POS system. Currently, it starts with a letter which indicates the type of permit: Archery, Firearm Turkey, Firearm Deer, or Managed Hunt. The rest of the number is based on the permit number with a check sum added. This ID is then used to link the Telecheck data up with POS data.

d. The host database system must be immediately updated with each live transaction. e.

The database of permit customers must include detailed information about the customer including name, address, date of birth, and other information needed to maintain positive identification and an accurate record of the customer’s permit history. The database must also include additional information on the following, but not be limited to: 1) Indicator for managed hunt award (3 parts, consisting of the hunt number, quantity and species type);

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2) Fields available to document detailed landowner information (deeds, tax receipts, land descriptions, etc.); 3) Fields available to document detailed Hunter Education and Cable Restraint information such as the hunter and bowhunter education numbers, date entered into the system, date heritage card was mailed to student, and cable restraint number; additional certifications may be added in the future; 4) Revocation details include starting date, expiration date, revocation type and revocation source; 5) General comments; 6) Hunting and Fishing survey responses; 7) Customer’s preference point value for each species with complete award history details (a 2 digit point value used by the state agency); 8) Name release indicator (to designate a closed record, not for public release); 9) Indicator for the number of Apprentice Hunter Authorization permits issued; and 10) Link to find other duplicate records that exist for the same customer. f.

The system must incorporate an effective automated method of identifying and combining duplicate customer records. The system must also provide a method for duplicate records to be combined manually in real-time, for those that may not be detected automatically.

g. The system must accept, merge and validate hunter education data from the state agency or designated contractor. The state agency certifies approximately 30,000 individuals annually. h. The system must accept, merge and validate bow hunter education data from the state agency or designated contractor. The state agency certifies approximately 1500 individuals annually. i.

The system must accept, merge and validate cable restraint student information from the state agency or designated contractor. The state agency certifies approximately 700-750 individuals annually.

j.

The system must provide a way to reserve a range of conservation ID numbers to be used for hunter education student registration. After being reserved these numbers cannot be used for creating a new customer.

k. The database of permit customers must be the property of the state agency and shall remain the property of the state agency after expiration of the contract. l.

The system must allow permit vendors a method to void a permit, either before printing, or after it is printed. Permits voided after printing must be marked as “void” on the database, because if the printed permit is not returned to the state agency within a specified deadline, the vendor’s account must be charged for the sale. Sales must be posted to the database in a way that the state agency’s staff must be able to easily distinguish permits voided after printing from permits voided and never printed. Permits voided before being printed must be marked as “reversed” on the data base, and not charged to the vendor’s account as a sale.

m. The system must contain historical data of permit vendor sales which is maintained by the contractor. The system must provide complete and accurate accountability of permits sold by privilege type, year, revenue collected, and service fees paid to each permit vendor. n. The system must be capable of tracking permit sales by privilege type and year for each permit vendor location. The system must include an accounts receivable program to account for sales from approximately 1,200 permit vendors.

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1) This accounts receivable program must provide a detailed audit trail of all transactions and updates, indexed by customer id number, permit vendor account number, date issued, and permit numbers. 2) All manual updates and changes to the database or specific transactions must be recorded by a log identifying the date, time, and author of any updates. This audit log must be available for on-line inquiry viewing screens for state agency’s staff. o. The database of permit sales must include the following: 1) Permit sales by vendor: a) Daily permit sales by privilege type; b) Cumulative permit sales by type and by year; and c) Historical data maintained for at least five years. 2) Accounts receivable program: a) Maintain and monitor accounts receivables of over 1200 permit vendor accounts; and b) Accounts receivables updated with each transaction 3) Revenue collected from vendor: a) Itemized payment transactions; b) Cumulative revenue collected; c) Outstanding balances; and d) Listing of failed ACH transactions. 4) Historical data maintained for at least five complete years. 5) Cumulative county totals of permit sales and revenue collected. 6) Cumulative statewide totals of permit sales and revenue collected. 7) Monthly and year-to-date sales comparisons with previous year sales. 2.1.4

Permit Vendor Sale Process Requirements: a.

The system must be primarily a real-time, on-line system that authorizes and updates sales transactions immediately.

b. The system must be optimized for use with mobile devices. c.

The permit vendor must enter the customer identification number, date of birth, residency, and permit codes to initiate a sale transaction. The customer ID number must be one of the following options: Conservation number, social security number, or driver’s license number. 1) When the transaction request is submitted, the system must search the database for a match based on the customer ID number used.

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2) Since Missouri driver license numbers are sometimes the same as the social security number, the system must check both the social security number and driver’s license fields in the database for a match when either of these two ID types are entered for a Missouri resident. d. If the system fails to find a match in the database for a Missouri resident, it must also check the driver’s license database for a possible match, and if found, use the name and address information to be added to the database as a new customer. 1) The customer’s driver’s license and social security number must be cross referenced for all possible attempts at a valid match with existing records before creating a new customer record. e.

If the system finds a match in the database, the name and address information must be returned with the approval for the sale, and displayed on the device screen. 1)

The device must display the customer name, address and total dollar amount of permit fees before printing the permit. The user must be prompted to check for accuracy and correct the address if necessary before printing the permit.

2) The date and time of each sale transaction (permit) must be printed on each permit document. f.

The system should allow the capability for permit vendor to edit some customer information during the sale process.

g. If no match is found the user must be prompted to enter the name and address information. 1) This information must then be printed on the permit when the transaction is completed and saved to the database, to be available the next time this customer buys a permit. h. Total transaction processing time – from the time the device transmits the request to the time a response is received must be prompt and not require excessive wait time. i.

The system must allow customers a method to buy a replacement (duplicate) permit to replace a previously purchased permit that may have been lost. 1) Replacement permits must be available at all permit vendor locations, regardless where the original permit was purchased.

j.

The application for permit vendor use must have strong security measures in place to prevent inadvertent or malicious misuse of customers’ personal information.

k. Allowance must be made in the sale process to allow the customer to specify that they wish to opt out of allowing their personal information to be shared with third parties. l.

2.1.5

A seven day per week, 24 hour toll free telephone help line must be provided by the contractor to help permit vendors with questions and problems.

At-Home Internet Permit Sales Requirements: a.

The system must include a method of offering Missouri hunting and fishing permits for sale via a secure Internet sale transaction, using a design similar in appearance to the state agency’s current public website. The process followed in buying a permit online must be simple, efficient and direct, with as few individual steps as possible. Appearance and screen design are extremely important. The process must be simple enough that unsophisticated users can follow the steps without confusion. The following conditions must be placed on transactions received over the Internet using at least 128-bit Secure Socket Layer and in compliance with PCI:

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1) The same information must be provided by the customer as in a purchase through an authorized Missouri permit vendor as listed in 2.1.4 c. through 2.1.4 g. above. b. The system should allow the capability for an at-home user to edit some personal information after login verification of that user. c.

The system must allow the customer to opt out of allowing their personal information to be shared with third parties.

d. The transaction must include secure payment processing by credit or debit card. Security of payment processing information must be consistent with current standards of consumer protection for both personal and financial data. e.

Upon successful completion of a permit sale transaction, the customer must be given an image of a permit that the customer can save and print. The image must be in a secure format that does not allow a customer to alter the image.

f.

Permit sales completed over the Internet must be immediately recorded onto the database.

g. Permits sales completed over the Internet must be able to be printed according to the same standards for permits issued at a regular permit vendor. h. The system must allow customers a method to obtain a replacement (duplicate) permit to replace a previously purchased permit that may have been lost, damaged, stolen, etc. i.

A mobile version of the at-home internet sales application must be included to make the process available to customer using smart phone and tablet devices.

j.

Internet customers must be provided with a method to get help with procedural questions when buying a permit; either online, or via a toll free telephone line, or both

k. Internet customers must be allowed to combine privileges for more than one individual customer into a single transaction. l.

The solution must allow at-home Internet permit buyers to create a secure account where they set up customized preferences regarding permissions for electronic messages, renewal notifications, automatic permit renewals, and allow for future upgrades to add special features. This must include: 1) A user account name which must be at least six characters and optionally can be an email address; 2) A password of at least seven characters allowing for uppercase characters, lowercase characters, numbers, and special symbols; 3) A password reset function utilizing three security questions and user-specified answers; 4) An email address; 5) Conservation number; 6) First name, middle initial, and last name; 7) Mailing address (including the street, city, state, and zip code); 8) Phone number of ten digits (###-###-####); 9) Credit card type;

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10) Credit card number (all but the last four numbers masked after initial entry); 11) Opt-in to a renewal notification by email (but not automatic renewal of any permits); 12) Opt-in to an automatic renewal of on or more permits by charging the stored credit card information. (This feature must allow for later removal of the opt-in automatic renewal status.); 13) An email reminder 30 days prior to the automatic renewal; 14) Detection of an expired stored credit card 30 days in advance of the permit renewal date, with email notification to the account holder 30 days in advance; 15) An ability to later update and remove the credit card information at any point in time; 16) An ability to later update stored secure account information at any point in time; 17) Data must be encrypted both at rest and in transit; and 18) The contractor must follow PCI DSS 3.0 as specified in 2.1.2 c. m. The platform must include a feature for 2.1.5 l. that is an interface to the secure account system that uses scaling facilitating use on a small mobile device screen as specified in 2.1.5 i. n. It is highly desirable that an included feature for 2.1.5 l. allow at-home Internet customers to activate a twofactor authentication to their secure account, which would function by generating a unique code that is sent by SMS (text) message to the customer’s cellular phone when the account is accessed the first time from any device. 2.1.6

Commercial and Confined Wildlife Permits Requirements: a.

CCW permits shall be issued only through the state agency central office by authorized staff.

b. CCW permits are currently issued through a custom stand-alone database program developed specifically for this purpose. The state agency must be able to incorporate this system into the overall permits system. c.

CCW permits require additional items to be linked to the permit in some cases. Books, bands, and tags are sequentially numbered and an accountable inventory of these items must be maintained by the contractor.

d. The system must allow certain species of animals allowed to be held under the permit are listed as part of the permit. e.

The system must indicate in the permit the county in which the location operates.

f.

CCW permits require an application to be submitted to the state agency central office in Jefferson City. The system must include an online application that customers can submit electronically. This application must be protected by the same encrypted security measures as specified elsewhere in this document.

g. The system must include a process for renewal of CCW permits once annually. All CCW permits expire on June 30, although some are valid for up to 3 continuous years. h. Various levels of authority must be available, so state agency staff can have access to the CCW permits data for view only, or with different levels of edit and issuing authority. i.

Reports must be available to document current and prior years CCW permits by county, species, and permit types.

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j.

Upon successful completion of a permit sale transaction, an image of the permit must be produced that can be saved or printed. The image must be in a secure format that does not allow the customer to alter the image.

2.1.7

Permits – Printed Documents Requirements: a.

The system must utilize hunting and fishing permits that are currently categorized by five different types.

b. The system must recognize the difference between the permit types and print them in different formats. c.

The system must be flexible enough to accommodate the addition of other formats in the future.

d. Form 1 permits must be valid for the entire permit year throughout multiple hunting or fishing seasons. 1) Multiple permit privileges (identified by permit code number) should be printed on a single permit form when purchased together. 2) Each privilege should print on a separate line of the permit form with the cost of each privilege listed separately. e.

Form 2 permits must be valid for hunting a specific animal (either deer or turkey) during a specifically restricted range of dates. 1) Form 2 permits must be printed with an integrated transportation tag. 2)

f.

Each permit privilege (identified by permit code number), permit cost, and integrated transportation tag must be printed on each form separately.

Form 3 permits must be used for the migratory bird hunting permit, trapping permits, conservation order permits and federal duck stamps. 1) A separate print format is required for this to accommodate special print requirements, and a unique expiration date.

g. Form 4 is used for a specific permit type, the license plate donation. 1) A separate print format is required for this to accommodate specifications required by the Department of Revenue for license plate emblem use authorization forms. h. Two print types must be provided: one to print a plain receipt for the permit vendor’s records, and one to print the permit for the customer. 1) The system must be capable of reprinting permits due to a printer malfunction. 2) The printing of the receipt must be set up as optional in case the permit vendor does not want a printed receipt. i.

Permits will be printed on plain 8.5 x 11 standard paper from an inkjet or laser printer. 1) Page layouts must be compliant with standard printing protocols.

j.

The Permit image on all forms must be 3 inches by 6 inches. 1) Although this is the current size of the form used to print Missouri hunting and fishing permits, the system must be flexible enough to adjust for a different size, as this standard may change in the future.

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k. Permit forms for Commercial and Confined Wildlife permits must be printed on plain 8.5 x 11 standard paper, but will be of a different format than sport permits. l.

2.1.8

All permit forms must be visually similar, but must provide for a space where custom messages can be printed and adjusted seasonally as needed by the state agency staff.

Conservation Heritage Cards Requirements: a.

The Conservation Heritage ID Cards, used to quickly identify an existing customer and enter his/her information into the system, must be produced by the contractor and available to all permit customers. 1) Heritage Cards must be produced according to existing state agency’s standards already in place and the new cards must be compatible with any existing card stock.

b. The customer’s Conservation ID number must be printed on the back of the card and labeled as the conservation ID number. c.

Front of the cards must be printed with the design already in place on Heritage Cards that have already been distributed to Missouri hunters and anglers.

d. The following information must be identified on the front of the card: name, birth date, hunter certification number (if applicable) (plus a separate bow hunter safety certification number if applicable), and other identifiers which may be added later. e.

The cards must be printed and mailed directly to the customer by the contractor after notification by the state agency and the information must be added to the database if necessary. 1) Heritage Cards must be delivered to the customer within three (3) weeks.

f.

Every precaution must be taken to ensure that all cards are mailed to the correct person and address.

g. Weekly reports must be sent to the state agency which includes total number of cards issued. h. The state agency issues approximately 60,000 Heritage Cards annually. Approximately 30,000 of these are sold through all sales channels. i.

Hunter education student files will be delivered to the contractor once weekly for card creation. Of the 60,000 cards issued annually, approximately 30,000 are hunter education students. These Heritage Cards must be issued and mailed to hunter and bow hunter education students as described in 2.1.8 e.

j.

The system must provide a simple and direct method for the state agency to issue Heritage Cards through the administrative access application at no cost to the customer.

k. The contractor must also issue Lifetime Permit cards. The Lifetime Permit must be like the Heritage Card but is a different color and has “Lifetime Permit” printed on the face. 1) There must be 3 versions of lifetime cards issued, and the card type must be indicated by selecting a different indicator on the buyer record. 2) Lifetime Permit cards must be printed and mailed as described in 2.1.8 e. 2.1.9

Revenue Collection from Permits Sold – Electronic Fund Transfer Requirements: a.

Revenue generated from the sale of permits must be captured via electronic fund transfer. Permit vendor bank accounts must be "swept" for funds on a weekly basis.

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b. The system must provide a report to the permit vendor to notify of ACH withdrawals at least one day in advance of the withdrawal. 1) The report must contain notification of the amount and date of the withdrawal, and the range of dates covered by the ACH period. 2) This report may be viewed or printed at the permit vendor’s option. 2.1.10 Telephone Permit Sales Requirements – The contractor shall meet or exceed the following telephone permit sales requirements: a.

The contractor must offer telephone permit sales. 1) Permits purchased by phone must be fulfilled by mail within a specified time limit. 2) Customers who purchase permits by phone must be provided with a temporary authorization number. In most instances this temporary number allows the customer to participate in the activity for which they purchased the permit, prior to receiving it by mail. 3) The contractor must be responsible for mailing the printed permit and the appropriate regulations/information directly to the customer.

b. Telephone sales must be available to customers 24 hours per day, 7 days per week, 365 days per year. 2.2

Performance Specifications:

2.2.1

General Requirements: a.

The contractor must be responsible for the delivery, installation, training, operation, warranty, maintenance, and support of the entire electronic permit distribution and revenue collection system. The contractor's requirements must include, but are not limited to, the following: 1) Produce and mail the Conservation Heritage (ID) Card; 2) Maintain historical database of all permit customers including a history log of all updates; and 3) Provide an electronic permit sale system that meets the mandatory requirements specified herein.

b. The contractor must follow formal project management as defined by the Project Management Institute (PMI) and the Project Management Body of Knowledge (PMBOK) guide and standards. 1) The contractor must provide a formal implementation plan and project schedule. 2) The contactor is responsible for maintaining and communicating these documents throughout the project duration. c.

The contractor must provide an electronic permit issuing system which uses an internet connection and is capable of transmitting permit customer information and sales records from retail permit vendor locations and at-home internet customers to the host database system using at least 128-bit Secure Socket Layer and in compliance with PCI.

d. The contractor or subcontractor(s) must have successfully operated a functionally similar system for one or more clients within the United States in the last four years. 1) It is highly desirable that the contractor, rather than its subcontractor(s), have the required experience since the contractor is the primary entity responsible for the execution, fulfillment, and delivery of the

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contract requirements. These clients should be medium to large complex organizations comparable to MDC in terms of geographic dispersion. 2.2.2

Specific Requirements: a.

The contractor must be responsible for installing all equipment and software. 1) The contractor must accomplish installation process for all state agency and permit vendor locations with minimal disruption to the state agency and permit vendor locations.

b. The contractor must provide maintenance (including upgrades/new releases at no additional charge) and technical support for all software, including ongoing telephone support, problem determination, and resolution. c.

The contractor must notify the state agency when system modifications become available and describe their benefits, including any cost associated with the modification. 1) If the state agency decides to implement the system modification, the contractor must provide the modification as it was originally described to the state agency. 2) All costs for any system modifications must be mutually agreed to between the contractor and the State of Missouri via the PAQ process defined in RFP paragraph 2.2.6 and addressed via a formal contract amendment prepared by the Division of Purchasing and Materials Management. 3) The State of Missouri reserves the right to secure future modifications and/or replacements from other sources at any time in conjunction with or in replacement of the products acquired hereunder.

2.2.3

Contractor-Hosted Requirements: a.

The contractor shall supply a contractor-hosted platform and connections to the state agency with the concurrent users and software rights identified herein. Vendor, Agency, and at-home users will use the Internet as the connection vehicle.

b. The contractor shall provide state agency access to the contractor-hosted System. 2.2.4

Implementation and Operation Requirements: a.

The contractor must provide training to the state agency's staff in the areas of operation, development and support, administration, and all other aspects of system operation.

b. The contractor must be responsible for setting up each authorization and secure sign-on for each device at permit vendor locations. c.

The contractor must maintain backup files to ensure against loss of data.

d. A toll-free "800" number helpdesk must be maintained by the contractor on a 24-hour/7 days per week basis to handle permit vendor problems and questions. 1) The contractor must understand and agree that during state agency non-office hours, state agency field staff may need access to the database for law enforcement purposes. 2) Field staff must be able to call the helpdesk, identify themselves with ID number and/or password, and receive information pertaining to specific permit customers.

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e.

The desired date for complete statewide system implementation is February 1, 2016, but complete statewide system implementation must be completed by June 30, 2016. In accordance with the statewide system implementation, the contractor must be required to complete, but is not limited to, the following tasks: 1) System Development; 2) Comprehensive testing; 3) Test Pilot Program; 4) Conversion; and 5) Full Implementation.

f.

Disaster Recovery and Business Continuity – The contractor must provide and maintain a Disaster Recovery and Business Continuity Plan that includes details on prevention of major outages and procedures to recover should any major outages occur. 1) The plan must include: activation and preparedness procedures, a recovery strategy that ensures disrupted operations will be resumed in seven calendar days or less, the locations of on-site and off-site recovery operations center facilities, vendor support agreements, and logistical information required to effectively recover from a disaster.

g. The system must include redundancy in all major components. Adequate back-up resources are required in order to minimize any risk of system failure, lost transactions, sales revenue or data corruption. h. All records/systems must be subject to audit by state agency staff and State Auditor's Office without notice. 1) Auditable records pertaining to all cards issued, transaction processing, monies collected, etc., must be maintained for a period of three (3) years after the expiration of the contract. i.

The contractor must coordinate with the state banking contractor to develop an electronic funds transfer program, to summarize sales per permit vendor for an established time period (weekly or monthly), notify permit vendors via the device’s reports of amount due and scheduled date of electronic funds transfer. 1) The amount of transfer must equal sales for the time period less the permit vendor’s service fee. Funds must be electronically transferred from the permit vendor’s bank accounts to the State Treasurer's depository account. 2) A statement summarizing sales and funds transfer by permit vendor and total deposited to state depository account must be forwarded to the state agency for each day a funds transfer occurs. 3) The system must provide detailed reconciliation of permit sales to revenue collected. The contractor must provide a secure method for all transfers.

j.

The contractor must provide an initial National Automated Clearing House Association (NACHA) file containing complete agent information. 1) Initial NACHA file must be developed from state agency records and delivered to the state banking contractor. Subsequent additions and deletions must be forwarded by the state agency to the contractor to be passed on to the state banking contractor. 2) The contractor must also be responsible for creating ACH files to be passed on to the state banking contractor for scheduled electronic funds transfer.

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k. The contractor must work with the state agency and the state banking contractor to establish a policy for nontransfer of funds (NTF). NTF policy must consist of written notice to the permit vendors and/or shutting down the device. 1) The system must be capable of shutting down or "locking out" the device from the host computer. The state agency must be provided a method to manually “re-send” failed ACH transactions, and manually enter payments made to the state agency by cash or check outside of the ACH process, including partial payments. l.

The contractor shall be authorized to charge a ‘convenience fee’ following approval by state agency per order to a customer who orders a permit over the Internet and telephone (an order must be single sales transactions that may include more than one permit privilege). 1) The contractor shall receive the same commission fee as all other permit vendors, which is currently 5% of permit value. This fee is subject to change by the Conservation Commission. 2) The contractor shall be responsible for paying the merchant/credit card fee on Internet and telephone sales. The contractor must be responsible for the expense of mailing permits and associated reference materials to the customer for telephone sales only. 3) The state agency shall be responsible for providing the contractor with a supply of reference materials to be mailed to its customers. 4) Reference materials shall vary in size according to hunting seasons, but all fulfillments currently use either a 6X9 or a 9X12 envelope. 5) The state agency shall provide the envelopes with their return address. responsible for the cost of postage.

The contractor shall be

m. The contractor must provide a secure method of accepting payment and personal information from customers over the Internet. 1) This method must meet industry standards for protection specifically meeting the Payment Card Industry Data Security Standard 3.0 (PCI DSS 3.0) for sensitive personal and credit card information using a minimum certificate key size of 2048 bits and Transport Layer Security (TLS) version 1.0, 1.1, or 1.2 encryption. 2.2.5

Technical Requirements: a.

The system must integrate with the agency’s Active Directory for Administration, Data Base Administrators, and Reporting Users. 1) Active Directory integration must directly access the agency’s Active Directory to authenticate user credentials and must communicate via an encrypted connection using a Virtual Private Network (VPN) and IPSEC utilizing AES 256 and SHA1 or a Single Sign On protocol. Single Sign On must be accomplished using SAML 2.0. 2) The system must allow current employees to authenticate using LDAP over SSL encrypted with a VPN tunnel to MDC’s Active Directory for authentication via Active Directory. 3) The system must allow current employees to authenticate using SAML 2.0 over TLS for Single Sign On.

b. The system must not require any “plug-ins” such as Active X, Silverlight, Java Runtime or Flash to be installed on client machine.

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c.

The system must have proven scalability with existing customers that have over 2,000 concurrent users on a system.

d. System and data must be secured and encrypted for all network traffic. e.

All data must be encrypted at rest and in transit.

f.

The contractor must provide transfer of data to the Missouri Department of Conservation backend database (SQL Server 2008 R2) on an on-demand and recurring basis utilizing a AES 256 and SHA1 VPN connection.

g. The contractor’s project team must work with the state agency to enable the state agency to have specified MDC data delivered to the agency’s local SQL Server database. 1) The preferred method is replication from the provider’s database into MDC‘s database on a nightly basis. h. For security purposes, administrator sessions must automatically time out after a period of inactivity. i.

The system must provide browser client security and at a minimum utilize Transport Layer Security versions 1.0, 1.1, or 1.2.

j.

The system must be tested and certified in Microsoft Windows desktop operating systems including Microsoft Vista and Windows 7.

k. The system must operate on Windows Vista or newer using Internet Explorer 8 or newer and compatible with Macintosh OS10x or newer. l.

The system must operate in LAN, WAN and wireless environments.

m. The database objects must be exposed to database management tools (e.g., SQL Server Management Studio or Aqua Data studio). n. The reporting capabilities must not require a Crystal Reports client or Crystal Reports browser add-on which does not include the .Net Crystal Reports. o. The state agency requires Enterprise Application Integration (EAI), which allows for one system to be considered the author of specific data or business services that are then consumed by other systems. Integration must occur on one of the three levels identified below, or an alternative level approved by the state agency: 1) Data level integration - allows data to be extracted, transformed and then loaded (ETL) into another database. a) Systems can allow for data level integration by allowing data it authors to be read by an external ETL process and allowing for data it consumes but does not author to be written into the system’s data via an ETL process. 2) Application interface level integration - provides an application programming interface (API) that gives access to services within a specific application. a) This access may be simply to data, to business services or a combination of the two (e.g. access to data with integrity constraints enforced by business services).

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3) Method level integration - provides a shared set of methods stored on a central server or which reside on a distributed network. These methods allow systems to share coded functionality and usually revolve around business services. Note: User interface EAI (‘screen scraping’) shall not be not considered ‘integration’. p. The system must utilize an EAI environment where individual applications integrate with each other as needed (point-to-point). 1) A message broker or process broker environment is currently not available, although deployment of systems that can leverage message or process broker environments is desirable in planning for the future. q. Upon discontinuation of the system, the contractor must move all MDC data to MDC servers at no additional cost to the state. 1) Upon discontinuation of proposed system and transference of data to MDC, the contractor must permanently destroy all MDC data contained in system. r.

The system should not impose administrative burdens such as “credentials” besides authentication to operate on the platforms identified herein.

s.

The system should provide an open Application Programming Interface (API) or other programming / scripting interface that would allow the Department to create programs to automate tasks and / or interface the system with other software. 1) The system should interface via an API with a third-party document management system to store and retrieve documents such as using an API. 2) The system should provide full integration throughout the modules and the ability to move from one module or function (e.g., from employee self-service to Benefits without logging into each module).

t.

The system should be an integrated system, requiring users to authenticate only once per session.

u. The system should be available with 99.9% uptime and supports a high quality of service with no more than 6 second response times on each screen and report utilizing the department’s 100 megabyte connection to the internet. v. The system should support viewing data and submitting transactions either through the mobile browser resident within the following smartphone operating systems, or through a contractor-created native application compatible with the following smartphone operating systems: Apple iOS version 4 and above, and Android 2.2 and above. w. The system should enforce data integrity (e.g., broken relationships, invalid codes, required fields that are null, mismatched fields, etc.). x. While the following are not supported MDC browsers, it is highly desirable that they be supported to provide users the ability to access the system remotely from non-MDC computers: 1) Mozilla Firefox 3.5 and any newer versions; 2) Opera 9 and newer versions; 3) Safari 5 and newer versions; and 4) Google Chrome 21.0.1180 or newer versions.

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y. System should provide error message if user has exceeded field size when entering information. z.

The free-form comment or description fields should have basic word processing features such as word-wrap, spell check, and cut, copy, paste.

aa. User documentation should include a data dictionary of all tables and codes with description of each field, data type of field and length and a complete entity relationship diagram that shows all relationships between all tables. bb. Any data exports must be transferred via secured connection using SFTP to MDC’s SFTP server, and should be transferred from a single IP address. 2.2.6

Project Assessment Quotation: a.

Project Assessment Quotations: On additional related work requested by the state agency that is outside of scope of the mandatory requirements in the RFP the contractor shall understand and agree the state agency shall utilize the Project Assessment Quotation (PAQ) as a means (1) to identify the specific tasks to be performed and (2) to mutually agree upon the total price to be paid to the contractor upon completion of the specified tasks. The PAQ process shall occur in a controlled sequence of proposals and approvals by the agency’s designated Project Director as outlined below. The contractor and state agency shall mutually develop a written statement of work which identifies deliverables and payment milestones for the project.

b. The contractor shall understand and agree that the general protocol for PAQ workflow shall be as described below: 1) STEP 1: PAQ REQUEST The agency’s designated Project Director will present a written request for each PAQ to the contractor, in a standard format similar to Attachment 1, Request for Project Assessment Quotation. The agency’s request must explain the scope of the project and the tasks the agency desires the contractor to perform, including applicable business and technical specifications. 2) STEP 2: DRAFT PAQ The contractor must respond (within a prescribed number of days mutually agreed upon by the state agency and the contractor) to each such PAQ request from the agency’s designated Project Director with a draft PAQ which provides a statement of cost (based upon the hourly/daily rates specified on the pricing pages) and time, technical and strategic alternatives, and solution recommendations. 3) STEP 3: APPROVAL OF DRAFT PAQ If the draft PAQ is approved by the agency’s designated Project Director, the contractor must then prepare a final PAQ for resubmission to the agency’s designated Project Director for final approval. 4) STEP 4: FINAL PAQ The contractor’s final PAQ must include: • contract number; • state agency name/address • state agency designated project director name and phone number • contractor contact name and phone number • brief title of specific PAQ • final PAQ issue date • a detailed itemization and description of all of the project tasks which shall be completed by the contractor (i.e. project work), including requirements for and specified frequency of any required status reports; the specified project tasks and deliverables must be clearly stated and must be quantifiable; • the firm, fixed total number of project hours for each of the contractor’s personnel classification assigned to the project and the firm, fixed cost (based upon the hourly/daily rates specified on the pricing pages) • detailed completion schedule for each task/component of the project work;

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mutually agreed upon turnaround times for the agency’s designated Project Director to review, approve and formally accept or reject the components of the contractor’s project work in accordance with the approved final PAQ; mutually agreed upon milestones for compensation of project costs for the contractor’s project work, including any mutually agreed upon holdbacks for specified deliverables and holdback release time frames for specified deliverable completion; identification of the specific tasks within each component of the PAQ which must be completed by state agency personnel; signature and date lines for both the contractor and the agency’s designated Project Director to signify approval. Travel time from the consultant’s office or residence to the state agency facility and travel time from the state agency facility to the consultant’s office or residence shall not be considered billable time and shall not be included in the contractor’s firm, fixed total number of project hours for contractor personnel stated in the contractor’s final PAQ.

5) STEP 5: APPROVAL OF FINAL PAQ The contractor and the agency’s designated Project Director must indicate mutual acceptance of the final PAQ by signing and dating the final PAQ. The agency’s designated Project Director (1) must retain one signed copy; (2) must forward the original to the Division of Purchasing and Materials Management for inclusion in the contract file and (3) must send one copy to the contractor’s Project Director. 6) STEP 6: AUTHORIZATION TO PROCEED/ PAQ PROJECT WORK An approved final PAQ alone does not constitute an authorization to proceed with project work. Before proceeding with project work, the contractor must receive a properly authorized Purchase Order except the state agency may authorize an obligation of less than $3,000 pursuant to the terms of the contract without the official encumbrance of funds. Project work shall include the contractor’s completion of the tasks identified in the final PAQ. 7) STEP 7: FORMAL ACCEPTANCE Upon the completion of all project work of a given PAQ, the contractor must notify the agency’s designated Project Director in writing and shall submit an invoice in accordance with the PAQ approved by the agency’s designated Project Director. The agency’s designated Project Director shall review, approve and formally accept or reject the components of the PAQ project work in accordance with the turnaround time outlined in the PAQ. Formal acceptance shall not be unreasonable delayed or withheld by the state. 8) STEP 8: COST RECOVERY FOR CONTRACTOR Project costs for the PAQ project work shall be reimbursable upon formal acceptance by the agency’s designated Project Director in accordance with the milestones for compensation outlined in the PAQ. 9) GENERAL REQUIREMENTS a) The contractor shall submit draft and final PAQs in a timely manner. The state agency and the contractor shall mutually agree upon the prescribed number of days for the contractor to submit the draft and final PAQs. b) The agency’s designated Project Director reserves the right to reject any contractor-submitted PAQ, request the contractor to submit a revised PAQ with adjustments (revised cost, length of time, solution recommendation, etc.), or rebid for services through a separate competitive procurement. c) The contractor shall not be paid for the preparation of the PAQ. d) The contractor should provide a percentage discount to be applied to the contractor’s hourly rates for projects/tasks that are of a three-month or greater duration.

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e) A PAQ request, the draft and final PAQs, and the contractor’s project work must be within the scope of the performance requirements identified in the contract for the category(ies) which the contractor was awarded and must not change any provision of the contract. f) The duration of any PAQ must not exceed the effective contract period. g) Any changes to the PAQ must be formalized in writing as an official revision to the final PAQ. The format of PAQ revisions shall be consistent with the format of the final PAQ as outlined above, including the distribution of the original to the Division of Purchasing and Materials Management, a copy to the contractor and retaining a copy for the agency’s designated Project Director. The contractor shall agree and understand the firm, fixed cost stated in the final PAQ shall not be increased unless the state agency requests a corresponding increase in the scope of work under the PAQ. If the scope of work does not increase, the contractor shall complete all work agreed upon in the PAQ at the firm, fixed cost stated in the PAQ. h) The agency’s designated Project Director shall have the right to terminate the PAQ at any time, for the convenience of the agency, without penalty or recourse, by giving written notice to the contractor at least five working days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all documents, data, reports, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the agency’s designated Project Director become the property of the State of Missouri. The contractor shall be entitled to receive just and equitable compensation for that work completed pursuant to the contract prior to the effective date of termination. 10) LIQUIDATED DAMAGES: a) With prior written approval of the Division of Purchasing and Materials Management, the state agency may include liquidated damages provisions in a given PAQ Request for projects over $100,000 with critical deadlines for deliverables and/or where timely reporting is essential to a given project’s success. If approval is given to include liquidated damages, the state agency must identify such provisions in their Request for PAQ so that the contractor(s) is notified in advance of submitting their draft PAQ. In the event liquidated damages are stipulated, the contractor shall understand and agree to the following provisions: In order to satisfactorily adjust the damages which the State of Missouri may suffer on account of the contractor's failure to provide the specified deliverables or services according to the dates and timetable specified in the agency’s PAQ and the contract (the parties hereto realizing that it might be impossible to compute accurately or estimate the amount of such loss or damages which the State of Missouri would sustain by reason of any such failure), the contractor hereby covenants and agrees to pay the State of Missouri, as and for liquidated damages, without proof of actual or specified loss, the dollar amount per day specified in the final PAQ, not to exceed $100/day for each and every working day, during which the work required to be completed is incomplete for a maximum of 100 days, unless other maximum dollar amounts and time periods are approved in writing by the Division of Purchasing and Materials Management. Any sum which may be due to the State of Missouri for such damages shall be deducted and retained by the State of Missouri from any balance which may otherwise be due the contractor. b) If the contractor has met all of its responsibilities and the deliverable is not delivered and accepted and/or the specified service is incomplete because of problems outside of the contractor's responsibilities as determined by the State of Missouri, the contractor will not be subject to these liquidated damages. 11) INVOICING AND PAYMENT: a) Project Assessment Quotation Invoicing: The contractor shall submit an itemized invoice to the specific state agency requesting services under the contract for the provision of consulting services within approximately 30 days after completion of and in accordance with the mutually agreed upon

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milestones for compensation of project costs for the contractor’s project work (as specified in applicable Project Assessment Quotation). The contractor shall submit invoices to the address as designated by each applicable requesting state agency. b) Travel Expense: No travel expense payments and/or reimbursements shall be made to the contractor for providing any of the services described herein, since the contractor’s travel expenses were required to be reflected/incorporated into the per hour rates specified in Exhibit A. END OF SECTION

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CONTRACTUAL REQUIREMENTS

This section of the RFP includes the general contract requirements and provisions that shall govern the contract after RFP award. The contents of this section include mandatory provisions that must be adhered to by the state and the contractor unless changed by a contract amendment. Response to this section by the offeror is not necessary as all provisions are mandatory. 3.1

Contract:

3.1.1

A binding contract shall consist of: (1) the RFP, amendments thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor’s proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) the Division of Purchasing and Materials Management’s acceptance of the proposal by “notice of award” or by “purchase order”. All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference. a.

A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order unless the purchase is equal to or less than $3,000. State purchases equal to or less than $3,000 may be processed with a purchase order or other form of authorization given to the contractor at the discretion of the state agency.

b. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein. 1) The State of Missouri does not negotiate contracts after award. c.

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 Division of Purchasing and Materials Management or by a modified purchase order prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.

3.2

Contract Period:

3.2.1

The original contract period shall be date of award through two years. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period.

3.2.2

The Division of Purchasing and Materials Management shall have the right, at its sole option, to renew the contract for seven (7) additional one-year periods, or any portion thereof. In the event the Division of Purchasing and Materials Management exercises such right, all terms and conditions, requirements and specifications of the contract, shall remain the same and apply during renewal periods. a.

If the option for renewal is exercised by the Division of Purchasing and Materials Management, the contractor shall agree that the prices for the renewal period shall not exceed the maximum percent of increase for the applicable renewal period stated on the Pricing Page of the contract. 1) If renewal percentages are not provided, then prices during renewal periods shall be the same as during the original contract period. 2) The Division of Purchasing and Materials Management does not automatically exercise its option for renewal based upon the maximum percent of increase and reserves the right to offer or to request renewal of the contract at a price less than the maximum percent of increase stated.

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3.3

Contract Extension:

3.3.1

In the event that an extension of contract is required to complete the re-procurement process, or to complete existing Project Assessment Quotation (PAQ) agreements, the DPMM reserves the right to extend the contract. If exercised, the extension shall be for a reasonable period of time as mutually agreed to by the state and the contractor at the same terms, conditions, provisions, and pricing of the original contract period in order to complete the procurement process and/or transition to a new contract.

3.4

Contract Price:

3.4.1

All prices shall be as indicated on the Pricing Page. The state shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. The contractor shall be paid installation costs and/or maintenance/repair costs provided that such costs are firm, fixed and specifically proposed in response to the Request for Proposal. Failure to propose costs for installation and maintenance/repair shall not relieve the contractor from his/her responsibility to maintain, install and/or repair all items, and any related costs for the service shall be considered by both the contractor and the state to be included within the price stated in the contract.

3.5

Payments:

3.5.1

The contractor shall understand and agree the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must return a completed state Vendor Input/ACH-EFT Application, which is downloadable from the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx. Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.

3.5.2

The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

3.6

Assignment:

3.6.1

The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the Division of Purchasing and Materials Management.

3.7

Termination:

3.7.1

The Division of Purchasing and Materials Management reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive just and equitable compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

3.8

Breach of Contract:

3.8.1

Circumstances may arise where, because of a default by the contractor on its contractual requirements, the state is entitled to recover damages from the contract for breach of contract. In the event of material breach of the contractual obligations by the contractor, the DPMM may cancel the contract. At its sole discretion, the DPMM may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The state may specify that the actual cure be completed within no more than 10 working days from notification, or at a minimum that the contractor must provide the DPMM within five (5) working days from notification a written plan detailing how the contractor intends to cure the breach and detailing the timeframe for the proposed cure. The state shall have the right to reject all proposed cures.

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3.8.2

If the contractor fails to cure the breach or if circumstances demand immediate action, the DPMM will issue a notice of cancellation terminating the contract immediately. If it is determined the DPMM improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

3.8.3

If the DPMM cancels the contract for breach, the DPMM 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 DPMM deems appropriate and charge the contractor for any additional costs incurred thereby.

3.8.4

Notwithstanding the provisions described herein, no provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract.

3.9

Liability:

3.9.1

The contractor agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless and indemnify it from liability from claims, damages, or actions arising from its negligent act or omission, or from those committed by its subcontractor(s) or other person(s) employed by or under the supervision of the contractor under the terms of the contract provided that such liability is not the result of the state’s gross negligence or intentional wrong doing or any failure by the state to use the materials in the manner outlined by the contractor in literature or specifications submitted with the contractor’s proposal.

3.9.2

Contractor’s liability for damages to the state for any cause whatsoever, whether in contract or in tort, but excluding gross negligence, shall be limited in the aggregate to two times the total contract price for all goods and services over the life of the contract, as stated in Exhibit A. The foregoing limitation of liability shall not apply to: a.

Claims brought against the state by third parties for bodily injury to persons or damage to real or tangible personal property caused by contractor’s negligence or willful misconduct; or

b. Claims arising out of injury to the person and/or damage to the property of the state, employees of the state, persons designated by the state for training, or any other person(s) other than agents or employees of the contractor, designated by the state for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the deliverables either at the contractor’s site or at the state’s place of business, provided that the injury or damage was caused by the direct negligence of the contractor; or c.

Costs or attorneys’ fees which the state becomes entitled to recover as a prevailing party in any action, if authorized by law; or

The liability under the section entitled “Inventions, Patents, and Copyrights” to any other liability (including without limitation indemnification obligations) for infringement of third party intellectual property rights. 3.9.3

In no event shall the parties be liable for consequential, incidental, indirect, special, or punitive damages, even if notification has been given as to the possibility of such damages, except to the extent that contractor’s liability for such damages arises out of sub-sections a through d above.

3.9.4

Nothing herein shall be construed to waive or limit the state’s sovereign immunity or any other immunity from suit provided by law.

3.9.5

The contractor agrees that for any claim in tort or contract brought against the State of Missouri that its damages are limited to no more than the total contract price.

3.9.6

The contractor understands and agrees that pursuant to the Constitution of the State of Missouri, Article III, Section 39 the state shall not indemnify, hold harmless, or agree in advance to defend any person or entity.

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Insurance:

3.10.1 The contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must have 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. The insurance shall include an endorsement that adds the State of Missouri as an additional insured. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of Missouri is protected as an additional insured. In the event any insurance coverage is canceled, the state agency must be notified immediately. 3.11

Governing Law:

3.11.1 The contract shall be construed according to the laws of the State of Missouri. 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 Division of Purchasing and Materials Management. 3.12

Inventions, Patents, and Copyrights:

3.12.1 The contractor shall report to the state promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the contract of which the contractor has knowledge. 3.12.2 The State of Missouri shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in the state’s content and in user information. All reports, documentation, data and material developed or acquired by the contractor, as a direct requirement specified in the contract shall become the property of the State of Missouri. The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, data, or material prepared as required by the contract shall be released to the public without the prior written consent of the state agency. Upon expiration, termination, or cancellation of the contract, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall become the property of the state agency. a.

The state agrees that the contractor has the right to defend or at its option to settle, and the contractor agrees to defend at its own expense or at its option to settle, any claim, suit or proceeding brought against the state on the issue of infringement of any United States patent or copyright by any product, or any part thereof, supplied by the contractor to the state under this agreement. The contractor agrees to pay, subject to the limitations hereinafter set forth in this paragraph, any final judgment entered against the state on such issue in any suit or proceeding defended by the contractor. The state agrees that the contractor at its sole option shall be relieved of the foregoing obligations unless the state notifies the contractor promptly in writing of any such claim, suit, or proceeding, and at the contractor's expense, gives the contractor proper and full information needed to settle and/or to defend any such claim, suit, or proceeding. If the product, or any part thereof, furnished by the contractor to the state becomes, or in the opinion of the contractor may become, the subject of any claim, suit, or proceeding for infringement of any United States patent or copyright, or in the event of any adjudication that such product or part infringes any United States patent or copyright, or if the use, lease, or sale of such product or part is enjoined, the contractor may, at its option and its expense: (1) procure for the state the right under such patent or copyright to use, lease, or sell as appropriate such product or part, or (2) replace such product or part with other product or part suitable to the state, or (3) suitably modify such product or part, or (4) discontinue the use of such product or part and refund the aggregated payments and transportation costs paid therefore by the state, less a reasonable sum for use and damage. The contractor shall have no liability for any infringement based upon: (1) the combination of such product or part with any other product or part not furnished to the state by the contractor, or (2) the modification of such

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product or part unless such modification was made by the contractor, or (3) the use of such product or part in manner for which it was not designed. b.

The contractor shall not be liable for any cost, expense, or compromise, incurred or made by the state in conjunction with any issue of infringement without the contractor's prior written authorization. The foregoing defines the entire warranty by the contractor and the exclusive remedy of the state with respect to any alleged patent infringement by such product or part.

3.12.3 If any copyrighted material is developed as a result of the contract, the state agency shall have a royalty-free, nonexclusive and irrevocable right to publish or use, and to authorize others to use, the work for state agency purposes or the purpose of the State of Missouri. 3.13

Actions, Suits, or Proceedings:

3.13.1 The contractor must notify the State of Missouri immediately if the contractor becomes aware of any action, suit, or proceeding, pending or threatened that will have a material adverse effect on contractor’s ability to fulfill the obligations under the contract. 3.14

Substitutions of Products/Services:

3.14.1 The contractor shall not substitute any item that has been awarded to the contractor without the prior written approval of the DPMM. 3.14.2 The state reserves the right to allow the contractor to substitute any new product or service offered by the contractor on all undelivered and future orders if the quality is equal to or greater than the product/service under the contract and if the prices are equal to or less than the contract prices. The DPMM shall be the final authority as to acceptability. 3.15

Federal Funds Requirements:

3.15.1 The contractor shall understand and agree that this procurement may involve the expenditure of federal funds. Therefore, in accordance with the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, Public Law 101-166, Section 511, "Steven's Amendment", the contractor shall not issue any statements, press releases, and other documents describing projects or programs funded in whole or in part with Federal funds unless the prior approval of the state agency is obtained and unless they clearly state the following as provided by the state agency:

3.16

a.

the percentage of the total costs of the program or project which will be financed with Federal funds;

b.

the dollar amount of Federal funds for the project or program; and

c.

percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

Force Majeure:

3.16.1 Neither the agency nor the contractor shall be liable to the other for any failure or delay of performance of any obligations hereunder when such failure or delay shall have been wholly or principally caused by acts or events beyond its reasonable control, including without limitation acts of God, acts of civil or military authority, fires, floods, earthquakes, or other natural disasters, war, riots or strikes. Both parties shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract. Any party must give written notice of any Force Majeure event to the other party within a reasonable time period after its occurrence in order to receive the liability protections of this paragraph.

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3.17 3.17.1

3.18

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Contract Monitoring: The state reserves the right to monitor the contract throughout the effective period of the contract to ensure financial and contractual compliance. If the state determines the contractor to be at high-risk for non-compliance, the state shall have the right to impose special conditions or restrictions. Written notification will be provided to the contractor of the determination of high-risk and of any special conditions or restrictions to be imposed. The special conditions or restrictions may include, but not be limited to, those conditions specified below: a.

Withholding authority to proceed to the next phase of the project until the state receives evidence of acceptable performance within a given contract period;

b.

Requiring additional, more detailed financial reports or other documentation;

c.

Additional contract monitoring/project oversight;

d.

Requiring the contractor to obtain technical or management assistance; and/or

e.

Establishing additional prior approvals from the state.

Liquidated Damages:

3.18.1 The contractor must agree and understand that the provision of the point of sales system in accordance with the requirements and delivery schedule stated herein is considered critical to the efficient operations of the state agency. However, since the amount of actual damages would be difficult to establish in the event the contractor fails to comply with the requirements and delivery schedule(s), the contractor must agree and understand that the amount identified below as liquidated damages must be reasonable and fair under the circumstances. a.

In the event that the contractor fails to provide a point of sales system, the contractor must be assessed liquidated damages in the amount of $1,000.00 for each twenty-four (24) hour period after the date agreed to by the contractor and state agency for the system to be finalized in which the identified requirement is not completed.

b. The contractor must also agree and understand that such liquidated damages must either be deducted from the contractor’s invoices pursuant to the contract or paid by the contractor as a direct payment to the state agency at the sole discretion of the state agency. c.

The contractor must understand that the liquidated damages described herein must not be construed as a penalty.

d. The contractor must agree and understand that all assessments of liquidated damages must be within the discretion of the State of Missouri and must be in addition to, not in lieu of, the rights of the State of Missouri to pursue other appropriate remedies. 3.19

Subcontractors:

3.19.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Missouri and to ensure that the State of Missouri 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 State of Missouri 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 products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

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3.19.2 Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that a. the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and b. shall not henceforth be in such violation and c. the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor’s employees are lawfully present in the United States. 3.20

Substitution of Personnel:

3.20.1 The contractor must provide resumes for all contractor staff being assigned to the project for the review of and acceptance by the state. Contractor staff assigned to the project are subject to the approval or rejection by the state. The state may interview the contractor’s proposed Project Manager prior to acceptance. If there would be a need to replace the Project Manager by the contractor, any subsequent proposed Project Manager may be interviewed by the state prior to acceptance. 3.20.2 The contractor agrees and understands that the State of Missouri's agreement to the contract is predicated in part on the utilization of the specific key individual(s) and/or personnel qualifications identified in the proposal. Therefore, the contractor agrees that no substitution of such specific key individual(s) and/or personnel qualifications shall be made without the prior written approval of the state agency, except in circumstances such as death, disability, illness, grave personal circumstances, military service, resignation, termination, or other severance of association (“Special Circumstances”). The contractor should provide at least a two-week advance notification to the state in the event the contractor must make a substitution of personnel, except under Special Circumstances. The contractor further agrees that any substitution made pursuant to this paragraph must possess substantially similar qualifications to those originally proposed. The state shall have the right to accept the proposed substitute candidate or request additional resumes of other available personnel. The state shall reserve the right to then accept or reject any substitute personnel offered by the contractor in its reasonable discretion. The state agrees that an approval of a substitution will not be unreasonably withheld. 3.20.3 At the state’s written request for removal of any contractor staff with reasonable justification for performancerelated reasons, the contractor shall either cure any misconduct by such staff, or provide prompt replacement of any of the contractor’s staff providing services under the contract. 3.20.4 Once contractor’s staff is approved by the state and is meeting contract requirements, commercially reasonable efforts shall be made to hold staff changes to a minimum. If the contractor makes a staff substitution, the contractor must assume responsibility to fully train the staff substitute on all aspects of the project, including business and technical requirements, such that the staff substitute has a reasonable understanding of the project prior to beginning work. 3.21

Contractor Status:

3.21.1 The contractor represents himself or herself to be an independent contractor offering such services to the general public and shall not represent himself/herself or his/her employees 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; cost (including attorney fees); and damage of any kind related to such matters.

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Coordination:

3.22.1 The contractor shall fully coordinate all contract activities with those activities of the state agency. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the state agency or the Division of Purchasing and Materials Management throughout the effective period of the contract. 3.23

Transition (Upon Award of Contract):

3.23.1 Upon award of the contract, the contractor must work with the state and any other organizations designated by the state to insure an orderly transition of services and responsibilities from existing contracts, which are either expiring or which contain volume purchase agreements, to insure the continuity of those services required by the state agency. 3.24

Transition (Upon Expiration of Contract):

3.24.1 Upon expiration, termination, or cancellation of the contract, the contractor must assist the state to insure an orderly transfer of responsibility and/or the continuity of those services required under the terms of the contract to an organization designated by the state, if requested in writing. The contractor must provide and/or perform any or all of the following responsibilities as required by the state:

3.25

a.

The contractor must deliver, FOB destination, all records, documentation, reports, data, recommendations, etc., which were required to be produced under the terms of the contract to the state and/or to the state's designee within seven (7) days after receipt of the written request in a format and condition that are acceptable to the state agency.

b.

The contractor must agree to continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period not to exceed 120 calendar days after the expiration, termination or cancellation date of the contract for a price not to exceed those prices set forth in the contract.

c.

The contractor must discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the state agency, in order to insure the completion of such service prior to the expiration of the contract.

Property of State:

3.25.1 All reports, documentation, and material developed or acquired by the contractor as a direct requirement specified in the contract shall become the property of the State of Missouri. Upon expiration, termination, or cancellation of the contract, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall become the property of the state agency. 3.26

Participation by Other Organizations:

3.26.1 The contractor must comply with any Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Minority Business Enterprise/Women Business Enterprise (MBE/WBE) participation levels committed to in the contractor’s awarded proposal. a.

The contractor shall prepare and submit to the Division of Purchasing and Materials Management a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops, SDVEs, and/or MBE/WBEs participating in the contract for the reporting period. The contractor must submit the report on a monthly basis, unless otherwise determined by the Division of Purchasing and Materials Management.

b.

The Division of Purchasing and Materials Management will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the

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contractor’s awarded proposal. The Division of Purchasing and Materials Management in conjunction with the Office of Equal Opportunity (OEO) will monitor the contractor’s compliance in meeting the MBE/WBE participation levels committed to in the contractor’s awarded proposal. If the contractor’s payments to the participating entities are less than the amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. If the Division of Purchasing and Materials Management determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released. c.

If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other certified MBE/WBEs or other organizations for the blind/sheltered workshops or other SDVEs to fulfill the participation requirements committed to in the contractor’s awarded proposal. 1) The contractor must obtain the written approval of the Division of Purchasing and Materials Management for any new entities. This approval shall not be arbitrarily withheld. 2) If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Division of Purchasing and Materials Management detailing all efforts made to secure a replacement. The Division of Purchasing and Materials Management shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor’s participation commitment.

d.

No later than 30 days after the effective date of the first renewal period, the contractor must submit an affidavit to the Division of Purchasing and Materials Management. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshop verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contractor may use the affidavit available on the Division of Purchasing and Materials Management’s website at http://content.oa.mo.gov/sites/default/files/bswaffidavit.doc or another affidavit providing the same information.

3.27

Information Technology Accessibility Compliance:

3.27.1

Section 191.863 of the Revised Statutes of Missouri (RSMo) requires state agencies to make information technologies accessible to individuals with disabilities. The State of Missouri’s Information Technology (IT) Accessibility Standards (http://oa.mo.gov/information-technology-itsd/it-governance/enterprisearchitecture/interface-domain/approved) provide direction for complying with RSMo 191.863. All products provided by the contractor, including enhancements, changes and upgrades to the products, shall comply with the applicable accessibility requirements of the Missouri IT Accessibility Standards, unless the contractor’s awarded bid response contains specific disclosure of product non-conformance in a Voluntary Product Accessibility Template (VPAT); or other comparable document. a.

The contractor shall promptly respond to any complaint brought to its attention regarding accessibility of the products provided hereunder that were specified in the contractor’s awarded bid response as compliant products. The contractor shall resolve such complaints by bringing the product into compliance with the applicable Missouri IT Accessibility Standards at no additional cost to the state. The contractor shall indemnify and hold harmless the State of Missouri and any Missouri government entity purchasing the contractor’s products from any claim arising out of the contractor’s failure to comply with the aforementioned requirements.

b. The contractor must abide by the Missouri Digital Media Developers (DMD) Web Guidelines, which include the mandatory accessibility information for Section 508 and Chapter 191 compliance for any web based systems. Refer to the following web site: http://oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture/interfacedomain/approved

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Contractor’s Personnel:

3.28.1 The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A. 3.28.2 If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the contractor. 3.28.3 The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies. 3.28.4 If the contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract: a.

b.

c.

d.

Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND (Provide to the Division of Purchasing and Materials Management the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND Submit to the Division of Purchasing and Materials Management a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.

3.29

Confidentiality and Security Documents:

3.29.1

The contractor shall agree and understand that discussions with the contractor and information gained by the contractor as a result of the contractor’s performance under the contract may be confidential and that no reports, documentation, or material determined to be confidential by the agency shall be released to the public without the prior written consent of the state agency, unless required by law.

3.29.2

If required by the state agency, the contractor and any required contractor personnel must sign specific documents regarding confidentiality, security, or other similar documents upon request. Failure of the contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document.

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PROPOSAL SUBMISSION INFORMATION

This section of the RFP includes information and instructions to the offeror that are integral to vendors offering a proposal. The contents of this section are informational and instructional. Many of the instructional provisions require certain actions by the vendor in offering a proposal. 4.1

Preparation and Submission of Proposals:

4.1.1

ELECTRONIC SUBMISSION OF PROPOSALS THROUGH THE ON-LINE REGISTRATION SYSTEM WEB SITE IS NOT AVAILABLE FOR THIS RFP.

4.1.2

Proposal Organization: In order to provide optimal readability of their proposal by evaluators, offerors are strongly encouraged to organize their proposal as follows:

BIDDING/VENDOR

Signed RFP and RFP Amendment Cover Pages Table of Contents Exhibit A - Cost (Pricing Pages) Exhibit B - Experience and Reliability of Organization Exhibit C - Technical Capabilities of Solution and Method of Performance Exhibit D - Participation by Other Organizations Exhibit E - Business Entity Certification, Enrollment Documentation and Affidavit of Work Authorization Exhibit F - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit G - Domestic Products Procurement Act (Buy American) Exhibit H - Miscellaneous Information Attachment 1 - PAQ Form Attachment 2 - Software Diagram of To-Be System Attachment 3 - Examples of Current Permits and Heritage Cards State of Missouri, Terms and Conditions, Request for Proposal a.

Offerors are strongly encouraged to structure their proposal so that the individual provisions of the exhibit language precede each of the offeror’s responses. Offerors are discouraged from referring evaluators to other sections of their proposal to find their response to a particular RFP provision. Poorly organized or responded to proposals may result in reduced subjective evaluation consideration being given.

4.1.3

Conciseness/Completeness of Proposal: It is highly desirable that the offeror respond in a complete, but concise manner. It is the offeror's sole responsibility to submit information in their proposals as it relates to the evaluation categories to allow the state to conduct a complete and efficient evaluation. The State of Missouri is under no obligation to solicit such information if it is not included in the offeror's response. The offeror's failure to submit such information may cause an adverse impact on the evaluation of their proposal. Information not relevant to the requirements herein or the offeror’s proposed solution should be excluded from the offeror’s proposal.

4.1.4

Proposal Copies: The offeror's proposal should include an original document. In addition, for each copy provided, the offeror should include at least one (1) complete electronic copy of their proposal in Microsoft compatible format or in .pdf on flash drives.

4.1.5

a.

The offeror should ensure all copies and all media are identical to the offeror’s hardcopy original proposal. In case of a discrepancy, the original hardcopy proposal document shall govern.

b.

The front cover of the original hard copy proposal should be labeled “original” and the front cover of all copies should be labeled “copy.”

Confidentiality and Proprietary Materials: a.

Pursuant to section 610.021 RSMo, proposals and related documents shall not be available for public review until a contract has been awarded or all proposals are rejected.

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b. The DPMM is a governmental body under Missouri Sunshine Law (Chapter 610 RSMo). Section 610.011 RSMo requires that all provisions be “liberally construed and their exceptions strictly construed” to promote the public policy that records are open unless otherwise provided by law. Regardless of any claim by an offeror as to material being proprietary and not subject to copying or distribution, or how an offeror characterizes any information provided in its proposal, all material submitted by the offeror in conjunction with the RFP is subject to release after the award of a contract in relation to a request for public records under the Missouri Sunshine Law (see Chapter 610 RSMo). Only information expressly permitted to be closed pursuant to the strictly construed provisions of Missouri’s Sunshine Law will be treated as a closed record by the DPMM and withheld from any public request submitted to DPMM after award. Offerors should presume information provided to DPMM in a proposal will be public following the award of the contract or after rejection of all proposals and made available upon request in accordance with the provisions of state law. c.

In no event will the following be considered confidential or exempt from the Missouri Sunshine Law: 1) Offeror’s entire proposal; 2) Offeror’s pricing; 3) Offeror’s proposed method of performance including schedule of events and/or deliverables; 4) Offeror’s experience information including customer lists or references; 5) Offeror’s product specifications unless specifications disclose scientific and technological innovations in which the owner has a proprietary interest (see section 610.021 RSMo. Paragraph 15).

d. In the event that the offeror does submit information with their proposal that is allowed by the Missouri Sunshine Law to be exempt from public disclosure, such parts of their proposal must be separated and clearly marked as confidential within the offeror’s proposal along with an explanation of what qualifies the material to be held as confidential pursuant to the provisions of section 610.021 RSMo. The offeror’s failure to follow this instruction shall relieve the state of any obligation to preserve the confidentiality of the documents. e.

The offeror’s sole remedy for the state’s denial of any confidentiality request shall be limited to withdrawal and return of their proposal at the offeror’s expense.

4.1.6

Imaging Ready: Except for any portion of a proposal qualifying as proprietary or confidential as determined by the Division of Purchasing and Materials Management as specified above, after a contract is executed or all proposals are rejected, all proposals are scanned into the Division of Purchasing and Materials Management imaging system. The scanned information will be available for viewing through the Internet from the Division of Purchasing and Materials Management Awarded Bid and Contract Document Search system. Therefore, the offeror is advised not to include any information in the proposal that the offeror does not want to be viewed by the public, including personal identifying information such as social security numbers. Also, in preparing a proposal, the offeror should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the proposal and should limit proposal content to items that provide substance, quality of content, and clarity of information.

4.1.7

Compliance with Requirements, Terms and Conditions: Offerors are cautioned that the State of Missouri shall not award a non-compliant proposal. Consequently, any offeror indicating non-compliance or providing a response in conflict with mandatory requirements, terms, conditions or provisions of the RFP shall be eliminated from further consideration for award unless the state exercises its sole option to competitively negotiate the respective proposal(s) and the offeror resolves the noncompliant issue(s). a.

The offeror is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain terms and conditions which conflict with those of the RFP and its contractual requirements.

b.

In order to ensure compliance with the RFP, the offeror should indicate agreement that, in the event of conflict between any of the offeror's response and the RFP requirements, terms and conditions, the RFP shall govern. Taking exception to the state's terms and conditions may render an offeror's proposal unacceptable and remove it from consideration for award.

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Page 40

To facilitate the evaluation process, the offeror is encouraged to organize their proposal into sections that correspond with the individual evaluation categories described herein. The offeror is cautioned that it is the offeror’s sole responsibility to submit information related to the evaluation categories and that the State of Missouri is under no obligation to solicit such information if it is not included with the proposal. The offeror’s failure to submit such information may cause an adverse impact on the evaluation of the proposal. a.

Each section should be titled with each individual evaluation category and all material related to that category should be included therein.

b. The proposal should be page numbered. c.

4.1.9

The signed page one from the original RFP and all signed amendments should be placed at the beginning of the proposal.

Questions Regarding the RFP – Except as may be otherwise stated herein, the offeror and the offeror’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this RFP. Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer. a.

The buyer may be contacted via e-mail or phone as shown on the first page.

b. Only those questions which necessitate a change to the RFP will be addressed via an amendment to the RFP. Written records of the questions and answers will not be maintained. Offerors are advised that any questions received less than ten calendar days prior to the RFP opening date may not be addressed. c.

The offeror may contact the Office of Equal Opportunity (OEO) regarding MBE/WBE certification or subcontracting with MBE/WBE companies.

4.1.10 Foreign Vendors: If you are a foreign company and do not have an Employer Identification Number assigned by the United States Internal Revenue Service (IRS), you will need to 1) complete the appropriate IRS W-8 form (found on the www.irs.gov website), 2) complete a State of Missouri Vendor Input/ACH-EFT Application located at http://content.oa.mo.gov/accounting and 3) fax these documents along with a cover letter that states that you wish to register on the State of Missouri On-Line Bidding/Vendor Registration System website to the fax number listed in the Vendor Input Form instructions. The cover letter must include the e-mail address of the individual submitting the documentation. The documentation must be processed by the State of Missouri prior to conducting business with the state. Once the information has been processed, your company will be provided, via e-mail, a number that may be used to register as a State of Missouri vendor through this On-Line Bidding/Vendor Registration System website (https://www.moolb.mo.gov). a.

If your company is a foreign company and you have an Employer Identification Number assigned by the IRS, completing an IRS W-8 form will not be necessary and you may register as a vendor with the State of Missouri through the On-Line Bidding/Vendor Registration System website by using the Employer Identification Number assigned to your company by the IRS.

b. When submitting your bid/proposal, attach a note to the front page advising DPMM whether you have (1) submitted a W-8 prior to submission of the bid/proposal, (2) included the completed W-8 form with your bid/proposal, or (3) registered with the State of Missouri through the On-Line Bidding/Vendor Registration System website using your Employer Identification Number. 4.2

Business Compliance:

4.2.1

The offeror must be in compliance with the laws regarding conducting business in the State of Missouri. The offeror certifies by signing the signature page of this original document and any amendment signature page(s) that the offeror and any proposed subcontractors either are presently in compliance with such laws or shall be in

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compliance with such laws prior to any resulting contract award. The offeror shall provide documentation of compliance upon request by the DPMM. The compliance to conduct business in the state shall include but may not be limited to: a.

Registration of business name (if applicable);

b. Certificate of authority to transact business/certificate of good standing (if applicable); c.

Taxes (e.g., city/county/state/federal);

d. State and local certifications (e.g., professions/occupations/activities); e.

Licenses and permits (e.g., city/county license, sales permits); and

f.

Insurance (e.g., unemployment insurance/workers’ compensation).

4.3

Miscellaneous Information:

4.3.1

Products - Services Outside US: If any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States, the offeror MUST disclose such fact and provide details with the proposal.

4.3.2

Warranty of Offeror Capability: The offeror warrants that it is financially capable of fulfilling all requirements of this contract, that there are no legal proceedings against it that could threaten performance of this contract, and that the offeror is a validly organized entity that has the authority to enter into this contract. The offeror is not prohibited by any loan, contract, financing arrangement, trade covenant, or similar restriction from entering into this contract.

4.3.3

Trade-In: The State of Missouri is offering as a trade-in approximately 1500 VeriFone Omni 3300 data terminals and 1500 VeriFone P801 printers.

4.3.4

Estimated Quantities: The quantities indicated in this Request for Proposal are estimates that pertain to the total aggregate quantities that may be ordered incrementally at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

4.4

Proposal Evaluation and Award:

4.4.1

After determining that a proposal satisfies the mandatory requirements stated in the RFP, the evaluators shall use both objective analysis and subjective judgment in conducting a comparative assessment of the proposal in accordance with the evaluation criteria stated below: Evaluation Criteria Scoring Category

4.4.2

Maximum Points

Required Costs: Required Pricing…..85 PAQ Pricing………...5

90

Experience and Reliability of Organization

25

Technical Capabilities and Method of Performance

75

MBE/WBE Participation

10

TOTAL

200

The offeror is advised that an evaluation committee and other subject-matter experts shall be used to review and assess the proposals for responsiveness to mandatory requirements of the RFP and in accordance with the subjective evaluation criteria stated in the RFP. The ethical standards of 1 Code of State Regulation (CSR) 40-

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1.050(7)(O) will apply to evaluators. Offerors can be sanctioned for unauthorized contact with any evaluator under 1 CSR 40-1.060(8)(G) and (H). 4.4.3

Competitive Negotiation of Proposals: The offeror is advised that under the provisions of this RFP, the DPMM reserves the right to conduct negotiations of the proposals received or to award a contract without negotiations. If such negotiations are conducted, the following conditions shall apply: a.

Negotiations may be conducted in person, in writing, or by telephone.

b.

Negotiations will only be conducted with potentially acceptable proposals. The DPMM reserves the right to limit negotiations to those proposals which received the highest rankings during the initial evaluation phase. All offerors involved in the negotiation process will be invited to submit a BAFO.

c.

Terms, conditions, prices, methodology, or other features of the offeror’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, the offeror may be required to submit supporting financial, pricing, and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal.

d.

The mandatory requirements of the RFP shall not be negotiable and shall remain unchanged unless the DPMM determines that a change in such requirements is in the best interest of the State of Missouri.

4.4.4

Award Determination: The award shall be made on an all or none basis.

4.5

Evaluation of Experience and Reliability of Organization:

4.5.1

The evaluation of the Experience and Reliability of Organization shall be subjective based on fact. Information provided by the offeror in response to Exhibit B of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation. a.

As part of the evaluation process, the State of Missouri may contact the offeror’s references, including references not listed or identified within the offeror’s proposal but who have current or previous experiences with the offeror.

b. The offeror shall agree and understand that the State of Missouri is not obligated to contact the offeror’s references. 4.6

Evaluation of Technical Capabilities and Method of Performance:

4.6.1

The evaluation of the Technical Capabilities and Method of Performance shall be subjective based on fact. Information provided by the offeror in response to Exhibit C of this RFP, as well as information gained from any other source during the evaluation process, may be used in the subjective evaluation. a.

As part of the evaluation process, the State of Missouri may contact the offeror’s references identified in response to Exhibit B, Experience and Reliability of Organization, in addition to references not listed or identified within the offeror’s proposal but who have current or previous experiences with the offeror regarding past performance. The State of Missouri reserves the right to consider the past performance of the offeror’s proposed solution and support in the evaluation of the offeror’s Technical Capabilities and Method of Performance.

4.7

Evaluation of Cost:

4.7.1

The offeror must respond to Exhibit A with firm, fixed pricing for all applicable costs necessary to satisfy the requirements of the RFP. All prices quoted shall be firm, fixed for the contract period stated on page one. Unless stated herein, the state shall assume absolutely no other costs exist to satisfy the RFP’s requirements. Therefore, the successful offeror shall be responsible for any additional costs.

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a.

Required Pricing: The cost evaluation of required pricing (85 points maximum) shall be based on the pricing for mandatory requirements provided by the offeror in response to Exhibit A.1, Required Pricing Pages. The offeror’s total price shall be calculated by multiplying the applicable estimated quantity stated in Exhibit A by the proposed prices stated for the Transaction Fee and Heritage Cards, then adding the Hardware/Software Development to the sum of the Transaction Fee and Heritage Cards, and then subtracting the Trade-In Value total (Proposed trade-in value x estimated quantity) proposed. For purposes of the evaluation of cost, only one year of Transaction Fees and Heritage Cards of the initial two year contract period shall be calculated due to the anticipated implementation period. Renewal pricing for all renewal periods shall also be included in the cost calculation. Required Pricing cost evaluation points shall be determined using the following formula:

Lowest Responsive Offeror’s Price Compared Offeror’s Price

b.

=

Cost evaluation points

PAQ Pricing: The cost evaluation of required PAQ pricing shall be based on the PAQ hourly rate(s) provided by the offeror in response to Exhibit A.2, PAQ Pricing. PAQ Pricing cost evaluation points shall be determined from the result of the calculations stated in paragraph 4.5.2 c. below using the following formula:

Lowest Responsive Offeror’s Price Compared Offeror’s Price

c.

X

85 maximum cost points

X

5 maximum cost points

=

Cost evaluation points

The cost evaluation for PAQ costs (5 points maximum) shall assume, for evaluation purposes only, 100 hours of PAQ work to be performed during the contract. If the offeror is providing multiple PAQ job classifications/per-hour rates as indicated on the PAQ costs sheet in Exhibit A – Pricing Pages, then the rates shall be averaged to obtain a single rate to be used in the cost analysis. At the sole determination of the DPMM, any non-relevant/non-essential consultant classification(s) listed in Exhibit A, or any hourly rates of $0.00 shall not be included in the average calculations.

4.7.2

Unless stated herein, the state shall assume absolutely no other costs exist to satisfy the RFP’s requirements. Therefore, the successful offeror shall be responsible for any additional costs. The estimated quantities indicated in Exhibit A shall be used for cost evaluation purposes. The State of Missouri does not guarantee any quantities.

4.8

Evaluation of Offeror's Minority Business Enterprise (MBE)/ Women Business Enterprise (WBE) Participation:

4.8.1

In order for the Division of Purchasing and Materials Management (DPMM) to meet the provisions of Executive Order 05-30, the offeror should secure participation of certified MBEs and WBEs in providing the products/services required in this RFP. The targets of participation recommended by the State of Missouri are 10% MBE and 5% WBE of the total dollar value of the contract. a.

These targets can be met by a qualified MBE/WBE offeror themselves and/or through the use of qualified subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful opportunities for MBE/WBE participation.

b.

The services performed or the products provided by MBE/WBEs must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract. Therefore, if the services performed or the products provided by MBE/WBEs is utilized, to any extent, in the offeror’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.

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c.

In order to be considered as meeting these targets, the MBE/WBEs must be “qualified” by the proposal opening date (date the proposal is due). (See below for a definition of a qualified MBE/WBE.)

4.8.2

4.8.3

The offeror’s proposed participation of MBE/WBE firms in meeting the targets of the RFP will be considered in the evaluation process as specified below: a.

If Participation Meets Target: Offerors proposing MBE and WBE participation percentages that meet the State of Missouri’s target participation percentage of 10% for MBE and 5% for WBE shall be assigned the maximum stated MBE/WBE Participation evaluation points.

b.

If Participation Exceeds Target: Offerors proposing MBE and WBE participation percentages that exceed the State of Missouri’s target participation shall be assigned the same MBE/WBE Participation evaluation points as those meeting the State of Missouri’s target participation percentages stated above.

c.

If Participation Below Target: Offerors proposing MBE and WBE participation percentages that are lower than the State of Missouri’s target participation percentages of 10% for MBE and 5% for WBE shall be assigned a proportionately lower number of the MBE/WBE Participation evaluation points than the maximum MBE/WBE Participation evaluation points.

d.

If No Participation: Offerors failing to propose any commercially useful MBE/WBE participation shall be assigned a score of 0 in this evaluation category.

MBE/WBE participation evaluation points shall be assigned using the following formula: Offeror’s Proposed MBE % < 10% + WBE % < 5% State’s Target MBE % (10) + WBE % (5)

4.8.4

Maximum MBE/WBE X Participation Evaluation points (10)

=

Assigned MBE/WBE Participation points

If the offeror is proposing MBE/WBE participation, in order to receive evaluation consideration for MBE/WBE participation, the offeror must provide the following information with the proposal. a.

Participation Commitment - If the offeror is proposing MBE/WBE participation, the offeror must complete Exhibit D, Participation Commitment, by listing each proposed MBE and WBE, the committed percentage of participation for each MBE and WBE, and the commercially useful products/services to be provided by the listed MBE and WBE. If the offeror submitting the proposal is a qualified MBE and/or WBE, the offeror must include the offeror in the appropriate table on the Participation Commitment Form.

b.

Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed or must provide a recently dated letter of intent signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed which: (1) must describe the products/services the MBE/WBE will provide and (2) should include evidence that the MBE/WBE is qualified, as defined herein. (i.e., the MBE/WBE Certification Number or a copy of MBE/WBE certificate issued by the Missouri OEO.) NOTE: If the offeror submitting the proposal is a qualified MBE and/or WBE, the offeror is not required to complete Exhibit D, Documentation of Intent to Participate Form or provide a recently dated letter of intent.

4.8.5 Commitment – If the offeror’s proposal is awarded, the percentage level of MBE/WBE participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement. 4.8.6

Definition -- Qualified MBE/WBE: a.

In order to be considered a qualified MBE or WBE for purposes of this RFP, the MBE/WBE must be certified by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the proposal opening date.

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b.

MBE or WBE means a business that is a sole proprietorship, partnership, joint venture, or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it.

c.

Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts, and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration, Washington, D.C.

4.8.7

Resources - A listing of several resources that are available to assist offerors in their efforts to identify and secure the participation of qualified MBEs and WBEs is available at the website shown below or by contacting the Office of Equal Opportunity (OEO) at: Office of Administration, Office of Equal Opportunity (OEO) Harry S Truman Bldg., Room 630, P.O. Box 809, Jefferson City, MO 65102-0809 Phone: (877) 259-2963 or (573) 751-8130 Fax: (573) 522-8078 Website: http://www.oeo.mo.gov/

4.9

Miscellaneous Submittal Information:

4.9.1

Pursuant to section 34.165, RSMo, and 1 CSR 40-1.050, a ten (10) bonus point preference shall be granted to offerors 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 offeror 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 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 offeror’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 offeror 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 offeror must provide the following information with the proposal: 

Participation Commitment - The offeror must complete Exhibit D, Participation Commitment, by identifying the organization for the blind or sheltered workshop, the amount of participation committed, and the commercially useful products/services to be provided by the listed organization for the blind or sheltered workshop. If the offeror submitting the proposal is an organization for the blind or sheltered workshop, the offeror must be listed in the appropriate table on the Participation Commitment Form.

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Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP 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 RFP 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 offeror submitting the proposal is an organization for the blind or sheltered workshop, the offeror is not required to complete Exhibit D, 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://dese.mo.gov/special-education/sheltered-workshops/directories. 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 offeror’s proposal is awarded, the organization for the blind or sheltered workshop participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement. Service-Disabled Veteran Business Enterprises (SDVEs)

4.9.2

Pursuant to section 34.074, RSMo, and 1 CSR 40-1.050, the Division of Purchasing and Materials Management (DPMM) has a goal of awarding three (3) percent of all contracts for the performance of any job or service to qualified service-disabled veteran business enterprises (SDVEs). A three (3) point bonus preference shall be granted to offerors including products and/or services manufactured, produced or assembled by a qualified SDVE. a.

In order to qualify for the three bonus points, the following conditions must be met and the following evidence must be provided: 1) The offeror must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value. 2) The services performed or the products provided by the SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added 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 SDVE are utilized, to any extent, in the offeror’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause. 3) In order to receive evaluation consideration for participation by an SDVE, the offeror must provide the following information with the proposal: 

Participation Commitment - The offeror must complete Exhibit D, Participation Commitment, by identifying each proposed SDVE, the committed percentage of participation for each SDVE, and the commercially useful products/services to be provided by the listed SDVE. If the offeror submitting the proposal is a qualified SDVE, the offeror must be listed in the appropriate table on the Participation Commitment Form.



Documentation of Intent to Participate – The offeror must either provide a properly completed Exhibit D, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP

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issuance date by the SDVE or a recently dated letter of intent signed and dated no earlier than the RFP issuance date by the SDVE which: (1) must describe the products/services the SDVE will provide and (2) must include the SDV Documents described below as evidence that the SDVE is qualified, as defined herein. 

Service-Disabled Veteran (SDV) Documents - If a participating organization is an SDVE, unless previously submitted within the past five (5) years to the DPMM, the offeror must provide the following Service-Disabled Veteran (SDV) documents:  a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty); and  a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs. NOTE: a) If the offeror submitting the proposal is a qualified SDVE, the offeror must include the SDV Documents as evidence that the offeror qualifies as an SDVE. However, the offeror is not required to complete Exhibit D, Documentation of Intent to Participate Form or provide a recently dated letter of intent. b) If the SDVE and SDV are listed on the following Internet address, the offeror is not required to provide the SDV Documents listed above. http://content.oa.mo.gov/sites/default/files/sdvelisting.pdf

b.

Commitment – If awarded a contract, the SDVE participation committed to by the offeror on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement.

c.

Definition - Qualified SDVE: 1) SDVE is doing business as a Missouri firm, corporation, or individual or maintaining a Missouri office or place of business, not including an office of a registered agent; 2)

SDVE has not less than fifty-one percent (51%) of the business owned by one (1) or more servicedisabled 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 SDVs;

3) SDVE has the management and daily business operations controlled by one (1) or more SDVs; 4) SDVE has 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 5) SDVE possesses the power to make day-to-day as well as major decisions on matters of management, policy, and operation. 4.9.3

Affidavit of Work Authorization and Documentation - Pursuant to Section 285.530, RSMo, if the offeror meets the Section 285.525, RSMo, definition of a “business entity” (http://www.moga.mo.gov/statutes/C200299/2850000525.HTM), the offeror must affirm the offeror’s enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The offeror should complete applicable portions of Exhibit E, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of Exhibit E must be submitted prior to an award of a contract.

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4.10

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Miscellaneous Information: a.

If any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States, the offeror MUST disclose such fact and provide relevant details in response to Exhibit F. In providing a response, the offeror should review Executive Order 04-09 (see the following web link: http://www.sos.mo.gov/library/reference/orders/2004/eo04_009.asp) and provide adequate explanation of any offshore (outside the United States) product/service provided or performed that meets or can be justified pursuant to exception conditions described in Section 4 of the Executive Order.

b.

Offerors as Employees: Offerors who are employees of the State of Missouri, a member of the Missouri General Assembly or a statewide elected official should complete, sign and return Exhibit F with their proposal. This document must be satisfactorily completed prior to award of the contract.

Other Requested Information:

4.10.1 The offeror should respond to the information requested in Exhibit E, Other Requested Information. 4.11

Debarment Certification:

4.11.1 The offeror certifies by signing the signature page of this original document and any amendment signature page(s) that the offeror is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs. The offeror should complete and return the attached certification regarding debarment, etc., Exhibit with their proposal. This document must be satisfactorily completed prior to award of the contract. 4.12

The Domestic Product Procurement Act:

4.12.1 In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy American Act) sections 34.350 to 34.359, RSMo, the offeror is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States. 4.12.2 Offerors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over offerors whose products do not qualify. 4.12.3 The requirements of the Buy American Act shall not apply if other exceptions to the Buy American mandate in section 34.353, RSMo, are met. 4.12.4 If the offeror claims there is only one line of the good manufactured or produced in the United States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract. 4.12.5 In accordance with the Buy American Act, the offeror must provide proof of compliance with section 34.353, RSMo. Therefore the offeror should complete and return Exhibit G, certification regarding proof of compliance, with the proposal. This document must be satisfactorily completed prior to an award of a contract. 4.12.6 If the lowest priced offeror qualifies as American-made or in the event of all the offerors or none of the offerors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced offeror does not qualify for the Buy American Preference but other offerors do qualify, then the low offeror’s price(s) is increased by 10% for those items not eligible for the Buy American Preference. 4.13

Demonstration of System:

4.13.1 The offeror may be required to provide a demonstration of his/her system's capabilities at a site he/she deems appropriate and that is reasonably accessible to the evaluators. The demonstration should be constructed to both

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clarify and verify the offeror's response. Travel expenses incurred by evaluation team members will be the responsibility of the State of Missouri. 4.14

Proposal Submittal Checklist:

4.14.1 The following checklist is provided to assist the offeror in completing his/her proposal. The offeror is encouraged to utilize this checklist before submitting the proposal. It is the offeror’s sole responsibility to ensure that all mandatory requirements are met and that his/her proposal including all exhibits are properly completed and submitted with the proposal. Description – while not all documents/items listed below are mandatory in submitting a responsive proposal, failure to provide adequate information to completely address the specified Completed? No. evaluation criteria will at least result in minimal subjective consideration and may result in (√) rejection of the offeror’s proposal. 1. Complete and sign all amendments (if applicable) and original RFP. (Mandatory that proposal includes signature)

2. 3. 4. 5. 6.

Provide firm, fixed pricing on Exhibit A – Pricing Pages. Complete Exhibit B – Experience and Reliability of Organization. Complete Exhibit C –Technical and Performance Capabilities of Solution and Method of Performance. If applicable, complete Exhibit D.1 – Participation Commitment for any M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed. If applicable, complete Exhibit D.2 – Documentation of Intent to Participate, identifying each M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed.

7.

If applicable, clearly state M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE participation % of Total Value of Contract (or for Blind/Sheltered Workshops, Total Dollar Amount or Participation %) on Exhibit D.1 and D.2.

8.

If applicable, receive authorized signature on Exhibit D.1 and D.2 from every M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE committed to providing products/services under the RFP.

10.

Complete and sign Exhibit E – Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization (be sure to complete and return all required documents and affidavit (if required)).

11.

Complete Exhibit F – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions.

12.

Complete Exhibit G - Indicated if any products/services are manufactured/performed outside of the U.S.

13.

Complete and sign Exhibit H – Miscellaneous Information, Outside United States information, Conflict of Interests, and Contact Information. If applicable, clearly mark, separate, and seal proprietary or confidential information.

14.

Include four (4) copies of proposal with the original proposal clearly marked as “Original” NOTE: FAILURE TO PROVIDE ADEQUATE INFORMATION TO COMPLETELY ADDRESS THE SPECIFIED EVALUATION CRITERIA WILL AT LEAST RESULT IN MINIMAL SUBJECTIVE CONSIDERATION AND MAY RESULT IN REJECTION OF THE OFFEROR’S PROPOSAL. END OF SECTION

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EXHIBIT A PRICING PAGE A. 1

FIRM, FIXED TRANSACTION FEE PER VALID PRIVILEGE ISSUED

Offerors must propose a firm, fixed cost per Heritage Card issued and per transaction fee per valid privilege issued (which includes: delivery, installation, warranty, maintenance, training, remote technical support, and all other components and services necessary to meet the requirements of the RFP). All unidentified costs necessary to meet the requirements of the RFP shall be the responsibility of the contractor. DESCRIPTION

ANNUAL ESTIMATED QUANTITIES

UNIT OF MEASURE

2,650,000

Each

$

60,000

Each

$

Transaction Fee per valid privilege issued including Equipment Costs Heritage Card

UNIT PRICE

The offeror shall indicate below a guaranteed not-to-exceed total price for providing the one-time hardware/software development fee payable upon completion and acceptance by state agency. The offeror shall itemize all provided hardware and software. TOTAL GUARANTEED NOT-TO EXCEED PRICING

UNIT OF MEASURE Total

DESCRIPTION Hardware/Software Implementation

$

The offeror shall itemize the above Hardware/Software Implementation by listing below the required the hardware and software to be purchased to meet the mandatory requirements of the RFP. DESCRIPTION

UNIT OF MEASURE

QUANTITY

FIRM, FIXED PRICING $ $ $ $

The offeror shall indicate below a trade-in value for 1,500 VeriFone Omni 3300 data terminals and 1,500 VeriFone P801 printers. (If the offeror does not accept the equipment to be traded in, indicate a $0.00 amount.) DESCRIPTION

ESTIMATED QUANTITY

TRADE-IN VALUE OFFERED PER UNIT

VeriFone Omni 3300 Data Terminal

1,500

$

VeriFone P801 Printer

1,500

$

A.2

RENEWAL OPTION PRICING:

The offeror must indicate below the maximum allowable percentage increase or decrease applicable for the renewal option years. If pricing is not proposed (e.g. left blank, page not returned, etc.), the state shall have the right to execute the option at the same price(s) proposed for the original contract period. Statements such as "a percentage of the thencurrent price" or "consumer price index" are NOT ACCEPTABLE. All increases shall be calculated against the original contract price, not against the previous year's price. A cumulative calculation shall not be utilized.

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Description

Maximum Percentage Increase or Decrease for 1st Renewal Period

Maximum Percentage Increase or Decrease for 2nd Renewal Period

Maximum Percentage Increase or Decrease for 3rd Renewal Period

Maximum Percentage Increase or Decrease for 4th Renewal Period

Maximum Percentage Increase or Decrease for 5th Renewal Period

Maximum Percentage Increase or Decrease for 6th Renewal Period

Maximum Percentage Increase or Decrease for 7th Renewal Period

Transaction Fee including Equipment Costs

_______%

_______%

_______%

_______%

_______%

_______%

_______%

Heritage Cards

_______%

_______%

_______%

_______%

_______%

_______%

_______%

A.3

PROJECT ASSESSMENT QUOTATION (PAQ) PRICING

The offeror must list below all personnel classifications necessary to accommodate any PAQ services requested and the associated per hour firm, fixed rates applicable to each of the classifications. PAQ services shall consist of tasks and responsibilities beyond the initial development and implementation of the system. Services may include customization of the application outside of the contract requirements included herein and/or for undefined areas of scope of work requests. All proposed per hour fixed, firm rates shall include all travel expenses. PERSONNEL CLASSIFICATIONS

A.4

UNIT OF MEASURE Per Hour Per Hour

$ $

Per Hour

$

Per Hour

$

Per Hour

$

UNIT PRICE

PAQ RENEWAL PRICING

The offeror must indicate below the maximum allowable price applicable for the renewal option years. If pricing is not proposed (e.g. left blank, page not returned, etc.), the state shall have the right to execute the option at the same price(s) proposed for the original contract period. Statements such as "a percentage of the then-current price" or "consumer price index" are NOT ACCEPTABLE.

Description

Maximum Price for 1st Renewal Period

Maximum Price for 2nd Renewal Period

Maximum Price for 3rd Renewal Period

Maximum Price for 4th Renewal Period

Maximum Price for 5th Renewal Period

Maximum Price for 6th Renewal Period

Maximum Price for 7th Renewal Period

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

$_______

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EXHIBIT B EXPERIENCE AND RELIABILITY OF ORGANIZATION (25 Points) The evaluation of the company’s experience and reliability shall be subjective based on the requirements stated herein. Therefore, the offeror should present detailed information regarding current and/or prior experiences in providing the services. The following information should be provided by the offeror in a section labeled “Exhibit B” in order to verify their proposed experience as well as the ability to provide the levels of service required. The state reserves the right to use this information, including information gained from any other source in the evaluation process. B.1

The offeror should describe any previous contract experiences of a similar nature and complexity in scope, responsibility, and technologies involved as what is described in this RFP. The offeror should indicate whether they provide similar solutions to state governments. At a minimum all applicable experience within the last four years should be listed.

B.2

Offeror should provide a list of other entities for which they, or their proposed subcontractors, have provided the same or similar services as that proposed herein. For each of the entities, the offeror should provide a contact name at the entities, their telephone number and e-mail address and a description of the application that makes it similar to the application proposed.

B.3

Offeror should describe electronic permit system projects where the offeror has been responsible for developing, managing, implementing, maintaining, transmitting data from geographically diverse terminal locations, developing software for relational data base systems, data transfer and storage, training, electronically transferring funds, and operating and managing computer systems.

B.4

Offeror should provide company’s date founded and number of years in business providing electronic permit systems.

B.5

Offeror should describe the nature of the offeror’s business, type of services performed, etc.

B.6

Offeror should provide a list and a short summary of information regarding the offeror’s previous/current contracts/clients similar to the requirements of the RFP.

B.7

Offeror should provide a list summarizing pending litigation, any civil or criminal judgments, any bankruptcy proceedings, etc., that could affect the offeror’s ability to perform. Failure to list such litigation may result in rejection of the proposal or in termination of any subsequent contract.

B.8

The offeror should provide information that documents the depth and number of resources (i.e. financial, facilities, infrastructure, and human resources) to ensure completion of all RFP requirements. The offeror should document how sufficient resources will be provided to the State of Missouri.

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EXHIBIT C TECHNICAL CAPABILITIES AND METHOD OF PERFORMANCE (75 Points) The evaluation of the offeror's proposed method of performance shall be subjective based on the requirements stated herein. Therefore, the offeror should present detailed information regarding plans and approaches for meeting the objectives and tasks specified in the RFP. The following information should be provided by the offeror in order to verify their proposed technical capabilities and method of performance. The state reserves the right to use this information, including information gained from any other source, in the evaluation process. C.1

General Information:

C.1.1

The offeror should describe how they intend to function as a single point of contact for the state, regardless of any subcontract arrangements.

C.1.2

The offeror should identify and describe any subcontractors proposed for use in providing any of the services described herein.

C.1.3

The offeror should describe the proposed system including all peripheral equipment required.

C.1.4

The offeror should outline a step-by-step timeframe for the delivery and implementation of the system meeting the desired implementation date. The offeror's schedule should include delivery dates and time schedules for system development, testing, training, equipment installation, and full system implementation. The offeror's timetable should include the time frames required to complete the various tasks involved in the project. The offeror's time schedule should include, but is not limited to the following tasks: a. b. c. d. e. f.

System Development Pilot Program Evaluation of Pilot Program Conversion Full Implementation Payment Milestones that are measurable

C.1.5

The offeror should provide an implementation plan that provides for a phased implementation of the system. The offeror should recommend pilot/start-up procedures of the system in their implementation plan.

C.1.6

The offeror should describe how they propose to accommodate system updates and upgrades.

C.1.7

The offeror should describe how they propose to automate all reporting and record keeping procedures including providing summary reports.

C.1.8

Provide a description of the company’s economic presence within the State of Missouri (e.g., type of facilities: sales offices; sales outlets; divisions; manufacturing; warehouse; other), including Missouri employee statistics.

C.2

Installation:

C.2.1

The offeror should describe the installation procedure necessary for the utilization of the proposed equipment.

C.2.2

The offeror should identify the state agency's responsibility and the offeror's responsibility pertaining to the installation of proposed equipment.

C.3

Training:

C.3.1

The offeror should describe the training provided to the state agency for installation, operation, programming, and operational training.

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EXHIBIT C (continued) C.3.2

The offeror should describe the offeror's training program, the location where training is to be conducted, and the offeror's recommended frequency of training and the duration of the training class.

C.3.3

The offeror should describe their proposed help desk features.

C.4

Database:

C.4.1

The offeror should describe the proposed system real-time communications capabilities for the capture and transmission of data.

C.4.2

The offeror should describe the proposed system capabilities for use of Electronic Fund Transfer (EFT), Automated Clearing House (ACH) transaction, and cash concentration.

C.4.3

The offeror should describe the system capabilities for building and supporting a historical database of permit customers (approximately 5.7 million records).

C.4.4

The offeror should describe the system capabilities for tracking permit sales of approximately 1200 retail permit vendors throughout the state.

C.4.5

The offeror should describe how the replicated database shall be transmitted from the offeror's proposed host database system to the state agency's Central Office's network. The offeror should also provide a description of how changes and additions to the database will be transmitted to the state agency's network files.

C.4.6

The offeror should describe, in detail, how privacy/security of the database files shall be maintained. Also describe file backup procedures.

C.4.7

The offeror should fully describe the website proposed to meet the requirements of this RFP.

C.4.8

The offeror should describe the expansion capabilities and communications capacity of proposed system.

C.4.9

The offeror should provide examples of administrative access display screens showing how the database they are offering will appear. These should show several representative samples of buyer records, permit vendor records, and statewide totals reports to illustrate how information is presented in administrative display screens.

C.4.10 The offeror should describe how they intend to distinguish and account for permit sales in two different permit years and specifically address the offeror’s proposed plan for managing the overlap of permit sales from two hunting seasons at the end of the calendar year. C.4.11 The offeror should describe their proposed disaster recovery plan. C.5

Technical Support:

C.5.1

The offeror should describe their proposed technical support.

C.5.2

The offeror must specify the amount of technical support provided to the state agency at no additional cost in the implementation of the new system.

C.6

Maintenance:

C6.1

The offeror should describe their proposed hardware and software maintenance.

C.6.2

The offeror should describe the procedures they shall have in place to ensure the system is operational 99.9% of the time.

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EXHIBIT C (continued) C.6.3

The offeror should specify the required downtime for system maintenance.

C.7

Economic Advantage to Missouri:

C.7.1

Provide a description of the proposed services that will be performed and/or the proposed products that will be provided by Missourians and/or Missouri products.

C.7.2

Provide a description of the economic impact returned to the State of Missouri through tax revenue obligations.

C7.3

Provide a description of the company’s economic presence within the State of Missouri (e.g., type of facilities: sales offices; sales outlets; divisions; manufacturing; warehouse; other), including Missouri employee statistics.

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EXHIBIT D D.1 PARTICIPATION FROM OTHER ORGANIZATIONS Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and/or Organization for the Blind/Sheltered Workshop and/or Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment – If the offeror is committing to participation by or if the offeror is a qualified MBE/WBE and/or organization for the blind/sheltered workshop and/or a qualified SDVE, the offeror must provide the required information in the appropriate table(s) below for the organization proposed and must submit the completed exhibit with the offeror’s proposal. The services performed or the products provided by the listed participating organizations 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. For Minority Business Enterprise (MBE) and/or Woman Business Enterprise (WBE) Participation, if proposing an entity certified as both MBE and WBE, the offeror must either (1) enter the participation percentage under MBE or WBE, or must (2) divide the participation between both MBE and WBE. If dividing the participation, do not state the total participation on both the MBE and WBE Participation Commitment tables below. Instead, divide the total participation as proportionately appropriate between the tables below.

Name of Each Qualified Minority Business Enterprise (MBE) Proposed

MBE Participation Commitment Table Description of Products/Services Committed Percentage of to be Provided by Listed MBE Participation for Each MBE % of the Actual Total Contract Value

The offeror should also include the paragraph number(s) from the RFP which requires the service the MBE is proposed to perform

Product/Service(s) proposed:

1.

% RFP Paragraph References: Product/Service(s) proposed:

2.

% RFP Paragraph References: Product/Service(s) proposed:

3.

% RFP Paragraph References: Total MBE Percentage:

Name of Each Qualified Women Business Enterprise (WBE) proposed

% WBE Participation Commitment Table Committed Percentage of Description of Products/Services Participation for Each to be Provided by Listed WBE The offeror should also include the paragraph WBE % of the Actual Total Contract Value

number(s) from the RFP which requires the service the WBE is proposed to perform. Product/Service(s) proposed:

1.

% RFP Paragraph References: Product/Service(s) proposed:

2.

% RFP Paragraph References: Product/Service(s) proposed:

3.

% RFP Paragraph References: Total WBE Percentage:

%

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EXHIBIT D (continued) Organization for the Blind/Sheltered Workshop Commitment Table By completing this table, the offeror commits to the use of the organization at the greater of $5,000 or 2% of the actual total dollar value of contract. Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered Workshop Name of Organization for the Blind or Sheltered The offeror should also include the paragraph number(s) Workshop Proposed from the RFP which requires the service the organization for the blind/sheltered workshop is proposed to perform. Product/Service(s) proposed: 1. RFP Paragraph References: Product/Service(s) proposed:

2.

RFP Paragraph References:

SDVE Participation Commitment Table Committed Description of Products/Services to be Provided by Percentage of Name of Each Qualified ServiceListed SDVE Participation The offeror should also include the paragraph Disabled Veteran Business for Each SDVE number(s) from the RFP which requires the service Enterprise (SDVE) Proposed (% of the Actual Total Contract the SDVE is proposed to perform. Value) Product/Service(s) proposed:

1. %

Product/Service(s) proposed:

2. % Total SDVE Percentage:

RFP Paragraph References:

%

RFP Paragraph References:

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EXHIBIT D (continued) D.2 DOCUMENTATION OF INTENT TO PARTICIPATE If the offeror is proposing to include the participation of a Minority Business Enterprise/Women Business Enterprise (MBE/WBE) and/or Organization for the Blind/Sheltered Workshop and/or qualified Service-Disabled Veteran Business Enterprise (SDVE) in the provision of the products/services required in the RFP, the offeror must either provide a recently dated letter of intent, signed and dated no earlier than the RFP issuance date, from each organization documenting the following information, or complete and provide this Exhibit with the offeror’s proposal. ~ Copy This Form For Each Organization Proposed ~

Offeror Name: This Section To Be Completed by Participating Organization: By completing and signing this form, the undersigned hereby confirms the intent of the named participating organization to provide the products/services identified herein for the offeror identified above.

MBE

WBE

Indicate appropriate business classification(s): Organization for the Blind Sheltered Workshop

SDVE

Name of Organization: (Name of MBE, WBE, Organization for the Blind, Sheltered Workshop, or SDVE)

Contact Name:

Email:

Address (If SDVE, provide MO Address):

Phone #:

City:

Fax #:

State/Zip:

Certification #

SDVE’s Website Address:

Certification Expiration Date:

Service-Disabled Veteran’s (SDV) Name:

SDV’s Signature:

(or attach copy of certification)

(Please Print)

PRODUCTS/SERVICES PARTICIPATING ORGANIZATION AGREED TO PROVIDE Describe the products/services you (as the participating organization) have agreed to provide:

Authorized Signature:

Authorized Signature of Participating Organization (MBE, WBE, Organization for the Blind, Sheltered Workshop, or SDVE)

Date (Dated no earlier than the RFP issuance date)

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EXHIBIT D (continued) DOCUMENTATION OF INTENT TO PARTICIPATE - SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE (SDVE) If the participating organization is an SDVE, then the SDVE must provide the following Service-Disabled Veteran (SDV) documents unless previously submitted within the past five (5) years to a Missouri state agency or public university: • •

a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), AND a copy of the SDV’s documentation certifying disability by the appropriate federal agency responsible for the administration of veterans’ affairs.

(NOTE: 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 (the SDV’s award letter or the SDV’s discharge paper, and 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: ______________________ Previous Bid/Contract Number for Which the SDV’s Documents were Submitted: ___________________ (if known)

(NOTE: A qualified SDVE will be added to the SDVE listing maintained on the DPMM website [http://content.oa.mo.gov/sites/default/files/sdvelisting.pdf] 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 DPMM will remove the SDVE from the listing.)

FOR STATE USE ONLY SDV Documents - Verification Completed By:

Buyer

Date

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EXHIBIT E BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The offeror must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: BOX B:

BOX C:

To be completed by a non-business entity as defined below. To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http://www.dhs.gov/files/programs/gc_1185221678150.shtm. To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management.

Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term “business entity” shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term “business entity” shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term “business entity” shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities.

BOX A – CURRENTLY NOT A BUSINESS ENTITY I certify that _____________________ (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, as stated above, because: (check the applicable business status that applies below)  I am a self-employed individual with no employees; OR  The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if _____________________ (Company/Individual Name) is awarded a contract for the services requested herein under ________________ (Bid Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then, prior to the performance of any services as a business entity, _____________________ (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the State of Missouri with all documentation required in Box B of this exhibit.

Authorized Representative’s Name (Please Print)

Authorized Representative’s Signature

Company Name (if applicable)

Date

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EXHIBIT E (continued) (Complete the following if you DO NOT have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) BOX B – CURRENT BUSINESS ENTITY STATUS I certify that ____________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530.

Authorized Business Entity Representative’s Name (Please Print)

Authorized Business Entity Representative’s Signature

Business Entity Name

Date

E-Mail Address

As a business entity, the offeror must perform/provide each of the following. The offeror should check each to verify completion/submission of all of the following:  Enroll and participate in the E-Verify federal work authorization program (Website: http://www.dhs.gov/files/programs/gc_1185221678150.shtm; Phone: 888-464-4218; Email: [email protected]) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND  Provide documentation affirming said company’s/individual’s enrollment and participation in the EVerify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the offeror’s name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the offeror’s name and the MOU signature page completed and signed, at minimum, by the offeror and the Department of Homeland Security – Verification Division. If the signature page of the MOU lists the offeror’s name and company ID, then no additional pages of the MOU must be submitted; AND  Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit.

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EXHIBIT E (continued) AFFIDAVIT OF WORK AUTHORIZATION: The offeror who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now ________________________ (Name of Business Entity Authorized Representative) as ______________ (Position/Title) first being duly sworn on my oath, affirm _________________ (Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that _____________________ (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded.

In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.)

Authorized Representative’s Signature

Printed Name

Title

Date

E-Mail Address

E-Verify Company ID Number

Subscribed and sworn to before me this _____________ of ___________________. I am (DAY)

(MONTH, YEAR)

commissioned as a notary public within the County of ________________, State of (NAME OF COUNTY)

_______________________, and my commission expires on _________________. (NAME OF STATE)

Signature of Notary

(DATE)

Date

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EXHIBIT E (continued) (Complete the following if you have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B.) BOX C – AFFIDAVIT ON FILE - CURRENT BUSINESS ENTITY STATUS

I certify that ______________________ (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E-Verify federal work authorization program. The documentation that was previously provided included the following.  The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding (MOU) listing the offeror’s name and the MOU signature page completed and signed by the offeror and the Department of Homeland Security – Verification Division  A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University* to Which Previous E-Verify Documentation 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 of Previous E-Verify Documentation Submission: ______________________ Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: ___________________ (if known)

Authorized Business Entity Representative’s Name (Please Print)

Authorized Business Entity Representative’s Signature

E-Verify MOU Company ID Number

E-Mail Address

Business Entity Name

Date

FOR STATE USE ONLY Documentation Verification Completed By:

Buyer

Date

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EXHIBIT F CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98 Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1)

The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2)

Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Company Name

DUNS # (if known)

Authorized Representative’s Printed Name

Authorized Representative’s Title

Authorized Representative’s Signature

Date

1. 2. 3. 4. 5. 6. 7.

8. 9.

Instructions for Certification By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to check the List of Parties Excluded from Procurement or Nonprocurement Programs. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

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EXHIBIT G DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE In accordance with sections 34.350-34.359, RSMo, the offeror is instructed to provide information regarding the point of manufacture for each of the products being proposed so that the product’s eligibility for the Domestic Products Procurement Act (Buy American) Preference can be determined. This information is requested for the finished product only, not for components of the finished product. The offeror may be required to provide supporting documentation indicating proof of compliance. Qualifying for the Domestic Products Preference: A product qualifies for the preference if one of the following circumstances exist: • if manufactured or produced in the U.S.; or • if the product is imported into the U.S. but is covered by an existing international trade treaty that affords the specific product the same status as a product manufactured or produced in the U.S.; or • if only one line of products is manufactured or produced in the U.S. Non-Domestic Product: If the product is not manufactured or produced in the U.S. and does not otherwise qualify as domestic, then it will be considered non-domestic and not eligible for the preference. THE OFFEROR MUST COMPLETE THE FOLLOWING APPLICABLE TABLES TO CERTIFY WHETHER: (Table 1) ALL products proposed are manufactured or produced in the U.S. and qualify for the Domestic Products Procurement Act Preference; OR (Table 2) ALL products proposed are manufactured or produced outside the U.S. and do not otherwise qualify for the Domestic Products Procurement Act Preference; OR (Tables 3-6) Not all products proposed fall into the prior two categories so an item-by-item certification is necessary. The offeror is responsible for certifying the information provided on the exhibit is accurate by signing where indicated at the end of the exhibit. TABLE 1 – ALL PRODUCTS MANUFACTURED OR PRODUCED IN U.S. (eligible for preference) Check the box to the right if ALL products proposed are MANUFACTURED OR PRODUCED IN THE U.S.:

TABLE 2 – ALL PRODUCTS MANUFACTURED OR PRODUCED OUTSIDE U.S. AND DON’T QUALIFY FOR PREFERENCE (ineligible for preference) Check the box to the right if ALL products proposed are MANUFACTURED OR PRODUCED OUTSIDE THE U.S. and DO NOT OTHERWISE QUALIFY for the Domestic Products Procurement Act Preference: TABLES 3 THROUGH 6 – ITEM BY ITEM CERTIFICATION (NOT ALL PRODUCTS PROPOSED FALL INTO PRIOR TWO TABLES) • For those line items for which a U.S.-manufactured or produced product is proposed, complete Table 3. • For those line items which are manufactured or produced outside the U.S. that do not qualify for the Domestic Products Procurement Act Preference, complete Table 4. • For those line items which are not manufactured or produced in the U.S., but for which there is a U.S. trade treaty, law, agreement, or regulation in compliance with section 34.359, RSMo, complete Table 5. • For those line items which are not manufactured or produced in the U.S., but for which there is only one U.S. Manufacturer of that product or line of products, complete Table 6. TABLE 3 – U.S.-MANUFACTURED OR PRODUCED PRODUCTS (Eligible for Preference) • List item numbers of products proposed that are U.S.-manufactured or produced and therefore qualify for the Domestic Products Procurement Act Preference. • List U.S. city and state where products proposed are manufactured or produced. Item # U.S. City/State Where Manufactured/Produced Item # U.S. City/State Where Manufactured/Produced

TABLE 4 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS (Not Eligible for Preference) • List item numbers of products proposed that are foreign manufactured or produced and do not otherwise qualify for the Domestic Products Procurement Act Preference. • List country where product proposed is manufactured or produced. Item # Country Where Manufactured/Produced Item # Country Where Manufactured/Produced

(Exhibit continues on next page)

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EXHIBIT G (continued) DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN) PREFERENCE TABLE 5 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT U.S. TRADE TREATY, LAW, AGREEMENT, OR REGULATION APPLIES (Eligible for Preference) • List item numbers of products proposed that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because a U.S. Trade Treaty, Law, Agreement, or Regulation applies. • Identify country where proposed foreign-made product is manufactured or produced. • Identify name of applicable U.S. Trade Treaty, Law, Agreement, or Regulation that allows product to be brought into the U.S. duty/tariff-free. • Identify website URL for the U.S. Trade Treaty, Law, Agreement, or Regulation. • NOTE: As an imported product, if an import tariff is applied to the item, it does not qualify for the preference. In addition, “Most Favored Nation” status does not allow application of the preference unless the product enters the U.S. duty/tariff-free. Item # Country Where Proposed Foreign-Made Product is Name of Applicable U.S. Official Website URL for the U.S. Manufactured/Produced Trade Treaty, Law, Treaty, Law, Agreement, or Regulation Agreement, or Regulation

TABLE 6 -- FOREIGN-MANUFACTURED OR PRODUCED PRODUCTS BUT ONLY ONE US MANUFACTURER PRODUCES PRODUCT OR LINE OF PARTICULAR GOOD (Eligible for Preference) • List item numbers of products proposed that are foreign manufactured or produced but qualify for the Domestic Products Procurement Act Preference because only one US Manufacturer produces the product or line of a particular good. • Identify country where proposed foreign-made product is manufactured or produced. • Identify sole US manufacturer name. • Identify name of sole US manufactured product/line of particular good. Item # Country Where Proposed Foreign-Made Product is Sole US Manufacturer Name of Sole U.S. Manufactured Manufactured/Produced Name Product or Line of Particular Good

The offeror is responsible for certifying the information provided on this exhibit is accurate by signing below: I hereby certify that the information provided herein is true and correct, and complies with all provisions of sections 34.350 to 34.359, RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor. SIGNATURE (If submitting proposal electronically, scanned or typed signature is acceptable)

COMPANY NAME

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EXHIBIT H MISCELLANEOUS INFORMATION Executive Order 04-09: Products and/or Services Provided Outside United States If any products and/or services offered under this RFP are being manufactured or performed at sites outside the United States, the offeror MUST disclose such fact and provide details in the space below or on an attached page.

Are any of the offeror’s proposed products and/or services being manufactured or performed at sites outside the United States?

Yes

____

No

____

If YES, do the proposed products/services satisfy the conditions described in 4a, b, c, or d of Executive Order 04-09? (see the following web link: http://www.sos.mo.gov/library/reference/orders/2004/eo04_009.asp)

Yes

____

No

____

If YES, mark the appropriate exemption below, and provide the requested details: ____ a. Unique good or service. • EXPLAIN:________________________________________________________________ ____ b. Foreign firm hired to market Missouri services/products to a foreign country. • Identify foreign country: ___________________________________ ____ c. Economic cost factor exists • EXPLAIN:________________________________________________________________ ____ d. Vendor/subcontractor maintains significant business presence in the United States and only performs trivial portion of contract work outside US. • Identify maximum percentage of the overall value of the contract, for any contract period, attributed to the value of the products and/or services being manufactured or performed at sites outside the United States: ___% • Specify what contract work would be performed outside the United States: ________________________________________________________________ Employee/Conflict of Interest: Offerors who are elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.450 to 105.458, RSMo, regarding conflict of interest. If the offeror or any owner of the offeror’s organization is currently an elected or appointed official or an employee of the State of Missouri or any political subdivision thereof, please provide the following information: Name and title of elected or appointed official or employee of the State of Missouri or any political subdivision thereof: If employee of the State of Missouri or political subdivision thereof, provide name of state agency or political subdivision where employed: Percentage of ownership interest in offeror’s organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof:

__________%

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EXHIBIT H (continued) Contact Information If different from the information provided on the front page of the RFP, the offeror should provide all necessary contact information including the RFP Coordinator and Contract Coordinator if awarded a contract, etc. RFP COORDINATOR CONTACT INFORMATION i.e. person to be contacted for questions and other coordination activities regarding the offeror’s proposal NAME: JOB TITLE: PHONE: FAX #: EMAIL: CONTRACT COORDINATOR CONTACT INFORMATION i.e. person to be contacted for questions and other coordination activities regarding an awarded contract NAME: JOB TITLE: PHONE: FAX #: EMAIL:

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ATTACHMENT 1

REQUEST FOR PROJECT ASSESSMENT QUOTATION (PAQ) FORM Contract No:

PAQ No:

PAQ Title:

Final PAQ Sent to DPMM Date:

State Agency:

Final PAQ Issue Date:

Agency Address:

PAQ Request Date:

Agency Project Manager:

Phone: (

)

-

/ Email:

Contractor Point of Contact:

Phone: (

)

-

/ Email:

Contractor Name:

Phone: (

)

-

/ FAX: (

Contractor Address:

List / Description of Attachments:

)

-

PROJECT GOAL/OBJECTIVES: (Describe or add attachments) PROJECT APPROACH/SCOPE OF WORK: A detailed itemization and description of all of the project tasks which shall be completed by the contractor (i.e. project work), including requirements for and specified frequency of any required status reports; the specified project tasks and deliverables must be clearly stated and must be quantifiable. List any Attachments. ON-SITE WORK HOURS: (Specify the work day start time and end time such as 8:00 a.m. to 5:00 p.m. Monday – Friday, excluding state holidays. Indicate any after-hours requirements and building access security measures) PROJECT ASSUMPTIONS: (Describe or add attachments) LIST OF DELIVERABLES: (Describe or add attachments)

(Describe any acceptance criteria for deliverables)

AGENCY TASKS/RESPONSIBILITIES: (Describe or add attachments) PROJECT TIME LINE/WORK PLAN: ( At a minimum must include information pertaining to: Actual Start Date/Actual End Date/Target Start Date/Target End Date/Task Description/ Task Duration/ Responsible Resource/Variance based on Actual & Target Dates with notes describing reasons for Variance/ Project Sign-Off Acceptance Criteria/ Project Acceptance Signatures). List any Attachments.

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ATTACHMENT 1 (continued)

PAQ Title:

PAQ #:

Project Budget Calculations: On-Site On-Site Non-Local Consultant Total Project Hours

Non-Local Consultant Classification Title

Per Hour Rates to Include Travel Expenses

On-Site/OffSite Consultant Per Hour Rates

On-Site/OffSite Consultant (No Travel Expense)

No Travel Expense Allowed.

Total

Total Project Hours

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

$

x

Hours +

$

x

Hours =

$

Total: $

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ATTACHMENT 1 (continued) PAYMENT MILESTONES Description of Milestone Dollar Portion of the Total Price (above) applicable to Stated Milestone

1.

$

2.

$

3.

$

4.

$

5.

$

6.

$

7.

$ TOTAL:

SIGNATURE REQUIRED Agency Signature Authorization to Proceed:

____________________________________________ DATE: ______________

Contractor Signature Authorization to Provide Services:

____________________________________________ DATE: ______________

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ATTACHMENT 2 SOFTWARE DIAGRAM OF TO-BE SYSTEM

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ATTACHMENT 3 EXAMPLES OF CURRENT PERMITS AND HERITAGE CARDS

Due to the size and nature of the electronic file, Attachment 3 is not able to be incorporated into this document but, instead, must be downloaded from the Division of Purchasing and Materials Management’s website at: https://www.moolb.mo.gov. The attachment is separate downloadable document located on the same web page from where the RFP document is downloadable. It shall be the sole responsibility of the offeror to obtain the attachment. The offeror shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the offeror to obtain a copy of the attachments.

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STATE OF MISSOURI DIVISION OF PURCHASING AND MATERIALS MANAGEMENT TERMS AND CONDITIONS -- REQUEST FOR PROPOSAL 1. TERMINOLOGY/DEFINITIONS Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any amendment thereto, the definition or meaning described below shall apply. a. Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing and Materials Management (DPMM). The agency is also responsible for payment. b. Amendment means a written, official modification to an RFP or to a contract. c. Attachment applies to all forms which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications. d. Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals. e. Offeror means the person or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document. f. Buyer means the procurement staff member of the DPMM. The Contact Person as referenced herein is usually the Buyer. g. Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services. h. Contractor means a person or organization who is a successful offeror as a result of an RFP and who enters into a contract. i. Exhibit applies to forms which are included with an RFP for the offeror to complete and submit with the sealed proposal prior to the specified opening date and time. j. Request for Proposal (RFP) means the solicitation document issued by the DPMM to potential offerors 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 Pricing Pages, Exhibits, Attachments, and Amendments thereto. k. May means that a certain feature, component, or action is permissible, but not required. l. Must means that a certain feature, component, or action is a mandatory condition. m. Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable for the equipment, supplies, and/or services required in the RFP. The pricing pages must be completed and submitted by the offeror with the sealed proposal prior to the specified proposal opening date and time. n. RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of DPMM. o. Shall has the same meaning as the word must. p. 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 DPMM. 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. 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 RFP or resulting contract shall be in the Circuit Court of Cole County, Missouri. f. The contractor shall only employ 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. OPEN COMPETITION/REQUEST FOR PROPOSAL DOCUMENT a. It shall be the offeror's responsibility to ask questions, request changes or clarification, or otherwise advise the DPMM if any language, specifications or requirements of an RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source. Any and all communication from offerors regarding specifications, requirements, competitive proposal process, etc., must be directed to the buyer from the DPMM, unless the RFP specifically refers the offeror to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official proposal opening date. b. Every attempt shall be made to ensure that the offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all offerors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. Therefore, offerors are advised that unless specified elsewhere in the RFP, any questions received less than ten calendar days prior to the RFP opening date may not be answered. c. Offerors are cautioned that the only official position of the State of Missouri is that which is issued by the DPMM in the RFP 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 DPMM monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among offerors, price-fixing by offerors, or any other anticompetitive conduct by offerors 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. The RFP is available for viewing and downloading on the state's On-Line Bidding/Vendor Registration System website. Registered offerors are electronically notified of the proposal opportunity based on the information maintained in the State of Missouri's vendor database. If a registered offeror’s e-mail address is incorrect, the offeror must update the e-mail address themselves on the state's On-Line Bidding/Vendor Registration System website. f. The DPMM reserves the right to officially amend or cancel an RFP after issuance. It shall be the sole responsibility of the offeror to monitor the State of Missouri On-Line Bidding/Vendor Registration System website at: https://www.moolb.mo.gov to obtain a copy of the amendment(s). Registered offerors who received email notification of the proposal opportunity when the RFP was established and registered offerors who have responded to the RFP on-line prior to an amendment being issued will receive e-mail notification of the amendment(s). Registered offerors who received e-mail notification of the proposal opportunity when the RFP was established and registered offerors who have responded to the proposal on-line prior to a cancellation being issued will receive e-mail notification of a cancellation issued prior to the exact closing time and date specified in the RFP.

4. PREPARATION OF PROPOSALS a. Offerors must examine the entire RFP carefully. Failure to do so shall be at offeror's risk.

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b. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum requirements. All proposals must meet or exceed the stated specifications and requirements. c. Unless otherwise specifically stated in the RFP, 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 offeror 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 proposal. In addition, the offeror 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. Proposals which do not comply with the requirements and specifications are subject to rejection without clarification. d. Proposals lacking any indication of intent to offer 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 RFP. e. In the event that the offeror 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 RFP, such an offeror may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses. The offeror should include a complete list of statutory references and citations for each provision of the RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing by DPMM or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable by DPMM. If DPMM 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 RFP. f. All equipment and supplies offered in a proposal must be new, of current production, and available for marketing by the manufacturer unless the RFP clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered. g. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the RFP. h. Proposals, including all prices therein, shall remain valid for 90 days from proposal opening or Best and Final Offer (BAFO) submission unless otherwise indicated. If the proposal is accepted, the entire proposal, including all prices, shall be firm for the specified contract period. i. Any foreign offeror 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 proposal in order to be considered for award.

5. SUBMISSION OF PROPOSALS a. Proposals may be submitted by delivery of a hard copy to the DPMM office. Electronic submission of proposals by registered offerors through the State of Missouri’s On-Line Bidding/Vendor Registration System website is not available unless stipulated in the RFP. Delivered proposals must be sealed in an envelope or container, and received in the DPMM office located at 301 West High St, Rm 630 in Jefferson City, MO no later than the exact opening time and date specified in the RFP. All proposals must (1) be submitted by a duly authorized representative of the offeror's organization, (2) contain all information required by the RFP, and (3) be priced as required. Hard copy proposals may be mailed to the DPMM post office box address. However, it shall be the responsibility of the offeror to ensure their proposal is in the DPMM office (address listed above) no later than the exact opening time and date specified in the RFP. b. The sealed envelope or container containing a proposal should be clearly marked on the outside with (1) the official RFP number and (2) the official opening date and time. Different proposals should not be placed in the same envelope, although copies of the same proposal may be placed in the same envelope. c. A proposal submitted electronically by a registered offeror may be modified on-line prior to the official opening date and time. A proposal which has been delivered to the DPMM office may be modified by signed, written notice which has been received by the DPMM prior to the official opening date and time specified. A proposal may also be modified in person by the offeror or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to modify a proposal shall not be honored. d. A proposal submitted electronically by a registered offeror may be canceled on-line prior to the official opening date and time. A proposal which has been delivered to the DPMM 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 DPMM prior to the official opening date and time specified. A proposal may also be withdrawn in person by the offeror or its authorized representative, provided proper identification is presented before the official opening date and time. Telephone or telegraphic requests to withdraw a proposal shall not be honored. e. A proposal may also be withdrawn after the proposal opening through submission of a written request by an authorized representative of the offeror. Justification of withdrawal decision may include a significant error or exposure of proposal information that may cause irreparable harm to the offeror. f. When submitting a proposal electronically, the registered offeror indicates acceptance of all RFP terms and conditions by clicking on the "Submit" button on the Electronic Bid Response Entry form. Offerors delivering a hard copy proposal to DPMM must sign and return the RFP cover page or, if applicable, the cover page of the last amendment thereto in order to constitute acceptance by the offeror of all RFP terms and conditions. Failure to do so may result in rejection of the proposal unless the offeror's full compliance with those documents is indicated elsewhere within the offeror's response. g. Faxed proposals shall not be accepted. However, faxed and e-mail no-bid notifications shall be accepted.

6. PROPOSAL OPENING a. Proposal openings are public on the opening date and at the opening time specified on the RFP document. Only the names of the respondents shall be read at the proposal opening. All vendors may view the same proposal response information on the state's On-Line Bidding/Vendor Registration System website. The contents of the responses shall not be disclosed at this time. b. Proposals which are not received in the DPMM 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 proposals may only be opened under extraordinary circumstances in accordance with 1 CSR 40-1.050.

7. PREFERENCES a. In the evaluation of proposals, preferences shall be applied in accordance with chapter 34, RSMo, other applicable Missouri statutes, and applicable Executive Orders. 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, mined, processed 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. c. In accordance with Executive Order 05-30, contractors are encouraged to utilize certified minority and women-owned businesses in selecting subcontractors.

8. EVALUATION/AWARD a. Any clerical error, apparent on its face, may be corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer shall contact the offeror and request clarification of the intended proposal. 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 an offeror shall be subject to evaluation if deemed by the DPMM to be in the best interest of the State of Missouri. c. The offeror is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the State of Missouri. However, unless otherwise specified in the RFP, pricing shall be evaluated at the maximum potential financial liability to the State of Missouri.

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d. Awards shall be made to the offeror whose proposal (1) complies with all mandatory specifications and requirements of the RFP and (2) is the lowest and best proposal, considering price, responsibility of the offeror, and all other evaluation criteria specified in the RFP and any subsequent negotiations and (3) complies with chapter 34, RSMo, other applicable Missouri statutes, and all applicable Executive Orders. e. In the event all offerors fail to meet the same mandatory requirement in an RFP, DPMM reserves the right, at its sole discretion, to waive that requirement for all offerors and to proceed with the evaluation. In addition, the DPMM reserves the right to waive any minor irregularity or technicality found in any individual proposal. f. The DPMM reserves the right to reject any and all proposals. g. When evaluating a proposal, the State of Missouri reserves the right to consider relevant information and fact, whether gained from a proposal, from an offeror, from offeror's references, or from any other source. h. Any information submitted with the proposal, regardless of the format or placement of such information, may be considered in making decisions related to the responsiveness and merit of a proposal and the award of a contract. i. Negotiations may be conducted with those offerors who submit potentially acceptable proposals. Proposal revisions may be permitted for the purpose of obtaining best and final offers. In conducting negotiations, there shall be no disclosure of any information submitted by competing offerors. j. Any award of a contract shall be made by notification from the DPMM to the successful offeror. The DPMM 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 DPMM based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the State of Missouri. k. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected. l. The DPMM posts all proposal results on the On-line Bidding/Vendor Registration System website for all vendors to view for a reasonable period after proposal award and maintains images of all proposal file material for review. Offerors who include an e-mail address with their proposal will be notified of the award results via e-mail. m. The DPMM reserves the right to request clarification of any portion of the offeror's response in order to verify the intent of the offeror. The offeror is cautioned, however, that its response may be subject to acceptance or rejection without further clarification. n. Any proposal 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). o. The final determination of contract(s) award shall be made by DPMM.

9. CONTRACT/PURCHASE ORDER a. By submitting a proposal, the offeror agrees to furnish any and all equipment, supplies and/or services specified in the RFP, at the prices quoted, pursuant to all requirements and specifications contained therein. b. A binding contract shall consist of: (1) the RFP, amendments thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2) the contractor's proposal including any contractor BAFO response(s), (3) clarification of the proposal, if any, and (4) DPMM's acceptance of the proposal by "notice of award" or by "purchase order." All Exhibits and Attachments included in the RFP shall be incorporated into the contract by reference. c. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the state agency. 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 DPMM or by a modified purchase order 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.

10. INVOICING AND PAYMENT a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation. b. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and 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. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the DPMM. d. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the RFP. e. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense. f. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo. g. The State of Missouri reserves the right to purchase goods and services using the state purchasing card.

11. DELIVERY 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.

12. INSPECTION AND ACCEPTANCE a. No equipment, supplies, and/or services received by an agency of the state pursuant to a contract shall be deemed accepted until the agency 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 State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. d. The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

13. WARRANTY

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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 DPMM, (2) be fit and sufficient for the purpose expressed in the RFP, (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 state's acceptance of or payment for said equipment, supplies, and/or services.

14. 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 proposal 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.

15. REMEDIES AND RIGHTS a. No provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri 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 State of Missouri 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 State of Missouri 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 State of Missouri.

16. CANCELLATION OF CONTRACT a. In the event of material breach of the contractual obligations by the contractor, the DPMM may cancel the contract. At its sole discretion, the DPMM 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 10 working days from notification, or at a minimum the contractor must provide DPMM within 10 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 DPMM will issue a notice of cancellation terminating the contract immediately. If it is determined the DPMM improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. c. If the DPMM cancels the contract for breach, the DPMM 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 DPMM deems appropriate and charge the contractor for any additional costs incurred thereby. d. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, and the state shall not be liable for any costs associated with termination caused by lack of appropriations.

17. COMMUNICATIONS AND NOTICES Any notice to the offeror/contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, transmitted by email or hand-carried and presented to an authorized employee of the offeror/contractor.

18. 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 DPMM immediately. b. Upon learning of any such actions, the DPMM reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages.

19. INVENTIONS, PATENTS AND COPYRIGHTS The contractor shall defend, protect, and hold harmless the State of Missouri, its officers, agents, and employees against all suits of law or in equity resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms of the contract.

20. NON-DISCRIMINATION AND AFFIRMATIVE ACTION 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: a. A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination; b. The identification of a person designated to handle affirmative action; c. 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; d. The exclusion of discrimination from all collective bargaining agreements; and e. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning. If discrimination by a contractor is found to exist, the DPMM shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, suspension, or debarment by the DPMM 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.

21. AMERICANS WITH DISABILITIES ACT

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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).

22. FILING AND PAYMENT OF TAXES 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 offeror’s failure to maintain compliance with chapter 144, RSMo, may eliminate their proposal from consideration for award.

23. TITLES Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language. Revised 12-27-12