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STATE OF MISSOURIOFFICE OF ADMINISTRATIONDIVISION OF PURCHASINGREQUEST FOR PROPOSAL (RFP)

ADDENDUM NO.: 02 REQ NO.: NASOLICITATION/OPPORTUNITY (OPP) NO.: RFPT30034601600891 BUYER: Paul LinhardtTITLE: Mobile Application Consulting and Development Services PHONE NO.: (573) 751-4578ISSUE DATE: 07/26/16 E-MAIL: [email protected]

RETURN PROPOSAL NO LATER THAN: 8/11/16 AT 2:00 PM CENTRAL TIME (END DATE)

VENDORS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH HTTPS://MISSOURIBUYS.MO.GOV BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below)

MAILING INSTRUCTIONS: Print or type Solicitation/OPP Number and End Date on the lower left hand corner of the envelope or package. Delivered sealed proposals must be in the Purchasing office (301 W High Street, Room 630) by the return date and time.

(U.S. Mail) (Courier Service)RETURN PROPOSAL TO: DIVISION OF PURCHASING or DIVISION OF PURCHASING

PO BOX 809 301 WEST HIGH STREET, RM 630JEFFERSON CITY MO 65102-0809 JEFFERSON CITY MO 65101-1517

CONTRACT PERIOD: DATE OF AWARD THROUGH TWO YEARS

DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS:

VARIOUS AGENCIES STATEWIDE

The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all terms and conditions, requirements, and specifications of the original RFP as modified by this and any previously issued RFP addendums. The vendor should, as a matter of clarity and assurance, also sign and return all previously issued RFP addendum(s) and the original RFP document. The vendor agrees that the language of the original RFP as modified by this and any previously issued RFP addendums shall govern in the event of a conflict with his/her proposal. The vendor further agrees that upon receipt of an authorized purchase order from the Division of Purchasing 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 vendor and the State of Missouri. The vendor shall understand and agree that in order for their proposal to be considered for evaluation, they must be registered in MissouriBUYS. If not registered at time of proposal opening, the vendor must register in MissouriBUYS upon request by the state immediately after proposal opening.

VENDOR NAME

MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN INFORMATION SCREEN)

MAILING ADDRESS

CITY, STATE, ZIP CODE

CONTACT PERSON

EMAIL ADDRESS

PHONE NUMBER

FAX NUMBER

https://MISSOURIBUYS.MO.GOV/

mailto:[email protected]

RFPT30034601600891 Amendment #002

VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)

___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-ExemptAUTHORIZED SIGNATURE DATE

PRINTED NAME

TITLE

RFPT30034601600891 Amendment #002 Page 2

ADDENDUM #02 FOR RFPT30034601600891

TITLE: MOBILE APPLICATION CONSULTING AND DEVELOPMENT SERVICES


PROSPECTIVE VENDORS ARE HEREBY NOTIFIED OF THE FOLLOWING REVISIONS AND CLARIFICATIONS:

- Exhibit B.1.2 REVISED- Exhibit B.2.2 REVISED- Exhibit B.3.2 REVISED- Exhibit C.1.1 f. REVISED- Exhibit C QVL Category 1 Skills Table REVISED- Exhibit C.1.4 REVISED- Exhibit C.2.1 d. REVISED- Exhibit C QVL Category 2 Skills Table REVISED- Exhibit C.2.4 REVISED- Exhibit C QVL Category 3- Exhibit C.3.1 d. REVISED- Exhibit C QVL Category 3 Skills Table REVISED- Exhibit C.3.4 REVISED

- Closing Date: As Stated: Return proposal no later than: 07/28/16 at 2:00 PM.Change To: Return proposal no later than: 08/11/16 at 2:00 PM.

All changes indicated in bold italics.

The state anticipates issuing at least one subsequent addendum to the RFP to revise/clarify requirements.

Vendors may review the revision(s) to the MissouriBUYS electronic solicitation at https://MissouriBUYS.mo.gov. Please follow these steps to conduct a comparison to review the electronic solicitation revision(s):

1. Log into MissouriBUYS.2. Select the Solicitations tab.3. Select View Current Solicitations.4. Select My List (if you have previously reviewed/responded to this solicitation); Select Other Active

Opportunities (if you have not previously reviewed/responded to this solicitation).5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.6. From the Overview page, under Solicitation History information, select Previous Version from the

dropdown box.7. Choose the solicitation version you desire to compare to the addendum.

Click Show Version Comparison (revisions will be in yellow highlight).

https://MissouriBUYS.mo.gov/

STATE OF MISSOURIOFFICE OF ADMINISTRATIONDIVISION OF PURCHASINGREQUEST FOR PROPOSAL (RFP)

ADDENDUM NO.: 01 REQ NO.: NASOLICITATION/OPPORTUNITY (OPP) NO.: RFPT30034601600891 BUYER: Paul LinhardtTITLE: Mobile Application Consulting and Development Services PHONE NO.: (573) 751-4578ISSUE DATE: 07/15/16 E-MAIL: [email protected]




(U.S. Mail) (Courier Service)RETURN PROPOSAL TO: DIVISION OF PURCHASING or DIVISION OF PURCHASING





The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all terms and conditions, requirements, and specifications of the original RFP as modified by this and any previously issued RFP addendums. The vendor should, as a matter of clarity and assurance, also sign and return all previously issued RFP addendum(s) and the original RFP document. The vendor agrees that the language of the original RFP as modified by this and any previously issued RFP addendums shall govern in the event of a conflict with his/her proposal. The vendor further agrees that upon receipt of an authorized purchase order from the Division of Purchasing 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 vendor and the State of Missouri. The vendor shall understand and agree that in order for their proposal to be considered for evaluation, they must be registered in MissouriBUYS. If not registered at time of proposal opening, the vendor must register in MissouriBUYS upon request by the state immediately after proposal opening.

VENDOR NAME

MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN INFORMATION SCREEN)

MAILING ADDRESS


CONTACT PERSON

EMAIL ADDRESS

PHONE NUMBER

FAX NUMBER


___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-Exempt



AUTHORIZED SIGNATURE DATE

PRINTED NAME

TITLE

ADDENDUM #01 FOR RFPT30034601600891

TITLE: MOBILE APPLICATION CONSULTING AND DEVELOPMENT SERVICES


Addendum #01 is for informational purposes only, and makes no changes to the RFP. Potential Vendors are advised to open and review Addendum #01. Addendum #01 does not require the vendor’s signature.

- The purpose of Addendum #01 is to post the pre-proposal conference attendance record in the MissouriBUYS system. The attendance record is posted as a separate document on the MissouriBUYS Bid Board under Solicitation No: RFPT30034601600891.

Vendors may review the revision(s) to the MissouriBUYS electronic solicitation at https://MissouriBUYS.mo.gov. Please follow these steps to conduct a comparison to review the electronic solicitation revision(s):

8. Log into MissouriBUYS.9. Select the Solicitations tab.10. Select View Current Solicitations.11. Select My List (if you have previously reviewed/responded to this solicitation); Select Other Active

Opportunities (if you have not previously reviewed/responded to this solicitation).12. Select the correct Opportunity Number (Opportunity No); the Overview page will display.13. From the Overview page, under Solicitation History information, select Previous Version from the

dropdown box.14. Choose the solicitation version you desire to compare to the addendum.

Click Show Version Comparison (revisions will be in yellow highlight).


STATE OF MISSOURIOFFICE OF ADMINISTRATIONDIVISION OF PURCHASING (PURCHASING)REQUEST FOR PROPOSAL (RFP)

SOLICITATION/OPPORTUNITY (OPP) NO.: RFPT30034601600891 REQ NO.: NA TITLE: Mobile Application Consulting and Development Services BUYER: Paul Linhardt ISSUE DATE: 06/21/16 PHONE NO.: 573.751.4578

E-MAIL: [email protected]




(U.S. Mail) (Courier Service)RETURN PROPOSAL TO: PURCHASING or PURCHASING





The vendor 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 10/19/15). The vendor further agrees that the language of this RFP shall govern in the event of a conflict with his/her proposal. The vendor further agrees that upon receipt of an authorized purchase order from the Division of Purchasing 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 vendor 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



CONTACT PERSON

EMAIL ADDRESS

PHONE NUMBER

FAX NUMBER

TAXPAYER ID NUMBER (TIN)

TAXPAYER ID (TIN) TYPE (CHECK ONE)

___ FEIN ___ SSNVENDOR NUMBER (IF KNOWN)


___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-Exempt



AUTHORIZED SIGNATURE DATE

PRINTED NAME

TITLE

Instructions for Submitting a Solicitation Response

The Division of Purchasing is now posting all of its bid solicitation documents on the new MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

For all bid solicitations, vendors now have the option of submitting their solicitation response either as an electronic response or as a hard copy response. As a means to save vendors the expense of submitting a hard copy response and to provide vendors both the ease and the timeliness of responding from a computer, vendors are encouraged to submit an electronic response. Both methods of submission are explained briefly below and in more detail in the step-by-step instructions provided at https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf. (This document is also on the Bid Board referenced above.).

ELECTRONIC RESPONSES : To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov ), clicking the “Register” button at the top of the page, and completing the Vendor Registration . Once registered the vendor accesses their account by clicking the “Login” button at the top of the MissouriBUYS Home Page. After locating the desired solicitation on the Bid Board, at a minimum, the vendor must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the vendor should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Vendors should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at: https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf. Any such electronic submissions must be received prior to the specified end date and time.

o Vendors are encouraged to submit their entire proposal electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a vendor may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation’s specified end date and time. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service.

o In the event a registered vendor electronically submits a solicitation response and also mails hard copy documents that are not identical, the vendor should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest.

HARD COPY RESPONSES : When responding with a hard copy response, any such submission must be received prior to the specified end date and time. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any hard copy solicitation response documents.

End of Instructions for Submitting Solicitation Response

https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf

https://missouribuys.mo.gov/

https://missouribuys.mo.gov/pdfs/how_to_respond_to_a_solicitation.pdf

https://www.missouribuys.mo.gov/

RFPT30034601600891 Page 2

1. INTRODUCTION AND GENERAL INFORMATION

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

1.1 Purpose:

1.1.1 This document constitutes a request for competitive, sealed proposals from prospective vendors for statewide mobile application consulting and development services which shall establish three (3) Qualified Vendor Lists (QVL’s) in accordance with the requirements and provisions stated herein.

a. QVL Category 1: A QVL shall be established for Mobile Application Assessment and Strategy

Consulting Services consisting of no more than three (3) vendors.

b. QVL Category 2: A QVL shall be established for Mobile Application Development Services (internal agency use) consisting of no more than five (5) vendors.

c. QVL Category 3: A QVL shall be established for Mobile Application Development Services (external/public-facing use or combination of internal and external) consisting of no more than five (5) vendors.

1.1.2 The purpose of this Request for Proposal (RFP) is to establish a contract to obtain professional services from experienced firms to assist in the development of a set of strategies and methodologies for the State of Missouri to govern and guide the development of services and applications that are mobile device friendly and to establish contracts which allow for acquisition of services for development of mobile applications. The State of Missouri recognizes that the explosive proliferation of mobile devices has significantly changed the way private citizens, businesses, state employees, and local, state, and federal government agencies interact with State of Missouri agencies. The State of Missouri and its state agencies are seeking assistance in the development of strategies and methodologies to identify, prioritize, develop, guide, and govern projects that appropriately utilize mobile devices within the context of an overall set of strategies and methodologies that address the full range of electronic devices through which Missouri delivers information and services.

1.2 RFP Document Contents:

1.2.1 This document, referred to as a Request for Proposal (RFP), is divided into the following parts:Section 1: Introduction and General InformationSection 2: Scope of WorkSection 3: General Contract Provisions Section 4: Proposal Submission InformationExhibit A: Vendor Category Submission TableExhibit B: Experience of Organization Exhibit C: Method of Performance and Expertise of PersonnelExhibit D: Participation From Other Organizations Participation Commitment 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 TransactionsExhibit G: Miscellaneous Information/RequirementsTerms and Conditions

RFPT30034601600891 Page 3

1.3 Background:

1.3.1 The State of Missouri has recognized that the increasing availability of mobile devices and mobile device connectivity is changing how the public and other governmental entities are interacting with State of Missouri agencies. In response to this challenge and to leverage this changing mobile device landscape , several state agencies have developed mobile applications and most other agencies have implemented mobile friendly (responsive) design in their web content and services.

1.3.2 The State of Missouri recognizes that the mobile device landscape will continue to change. To address this challenge, the State of Missouri is developing mobile device guidance, governance, identification, evaluation, development, and support strategies and methodologies that leverages the mobile device landscape to the benefit of the citizens and staff of the State of Missouri. These strategies and methodologies are being developed with consideration for the current and (potential) future personnel, financial, and technical resources available to the State of Missouri as well as the roles and limitations that are part of being a State government.

1.3.3 Vendors should take into account these same considerations when developing a response to this Request for Proposal. Additional information that may assist potential contractors in preparing a response is provided below.

1.3.4 The Information Technology Services Division of the Office of Administration (OA-ITSD) provides technology services for fourteen (14) consolidated agencies. However, under the state-wide contract, the remaining non-consolidated agencies will be able to access the services and products of this RFP.

1.3.5 The technical infrastructure of OA-ITSD includes a legacy mainframe environment, multiple mid-range systems consisting largely of pSeries and iSeries, and a highly virtualized server environment using VMWare consisting primarily of Microsoft Windows servers with a significant number of Red Hat Linux and IBM AIX servers.

1.3.6 Web servers include Microsoft IIS, WebSphere, and Apache instances.

1.3.7 Database services are provided using Microsoft SQL Server, Oracle, IBM DB2, and MySql.

1.3.8 Approximately 80% percent of the application portfolio is comprised of Microsoft .Net based applications, with the remainder being predominantly Java with a small amount of applications written in other languages.

1.3.9 Mobile applications have been developed based on Cordova, Xamarin, and HTML5/JavaScript.

1.3.10 Xamarin is the preferred development platform within OA-ITSD due to its ability to target both Apple IOS and Android devices with a single code base, integration with Microsoft Visual Studio, and the substantial number of Microsoft .Net development staff within OA-ITSD.

1.3.11 Responsive design based on Bootstrap has been mandated for all web content and applications. However, this does not imply that the web applications are designed as ‘mobile first’ or that web applications are tested for a reasonable user experience on mobile devices.

1.4 Questions Regarding the RFP:

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

RFPT30034601600891 Page 4

a. Except as may be otherwise stated herein, the vendor and the vendor’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the 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. Vendors and their agents who have questions regarding this matter should contact the buyer.

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

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

c. Upon the Division of Purchasing’s consideration of questions and issues, if Division of Purchasing determines that changes to the RFP are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for RFP amendment as the questions and issues did not provide further clarity to the RFP. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal amendment to the RFP. There will be no posted written records of the questions/communications (e.g. formal question/answer document).

NOTE: The only official position of the State of Missouri shall be that which is contained in the RFP and any amendments thereto.

1.5 Pre-Proposal Conference:

1.5.1 A pre-proposal conference regarding this Request for Proposal will be held on Thursday, June 30th, at 1:00 PM, in Room 493 of the Harry S Truman Building, 301 West High Street, Jefferson City, Missouri.

1.5.2 Pre-Proposal Conference Agenda – The vendor should bring a copy of the RFP since it will be used as the agenda for the pre-proposal conference.

1.5.3 Pre-Proposal Conference RFP Questions – All potential vendors are encouraged to attend the Pre-Proposal Conference as it will be used as the forum for questions, communications, and discussions regarding the RFP. The vendor should become familiar with the RFP and develop all questions prior to the conference in order to ask questions and otherwise participate in the public communications regarding the RFP.

a. Prior Communication – Prior to the Pre-Proposal Conference, the vendor may submit written communications and/or questions regarding the RFP to the buyer identified on page one. Such prior communication will provide the State of Missouri with insight into areas of the RFP which may be brought up for discussion during the conference and which may require clarification.

b. During the Pre-Proposal Conference, it shall be the sole responsibility of the vendor to orally address all issues previously presented to the buyer by the vendor, including any questions regarding the RFP or areas of the RFP requiring clarification.

c. Amendment to the RFP – Any changes needed to the RFP as a result of discussions from the Pre-Proposal Conference will be accomplished as an amendment to the RFP. Neither formal minutes of the conference nor written records of the questions/communications will be maintained.


RFPT30034601600891 Page 5

1.5.4 Teleconferencing – In lieu of attending the Pre-Proposal Conference, the vendor may choose to participate via teleconference. In order to teleconference, the vendor must contact the buyer of record as indicated on page 1 of the RFP to obtain dial-in instructions to the Pre-Proposal Conference.

1.5.5 Pre-Proposal Conference Special Accommodations – Vendors are strongly encouraged to advise the Division of Purchasing within five (5) working days of the scheduled pre-proposal conference of any special accommodations needed for disabled personnel who will be participating in the conference so that the accommodations can be made.

END OF PART ONE: INTRODUCTION AND GENERAL INFORMATION

RFPT30034601600891 Page 6

2. SCOPE OF WORK

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

2.1 General Requirements:

2.1.1 The contractor must provide mobile application strategy and assessment consulting or mobile application development services or both, for the category(ies) of services for which the contractor is awarded a contract and included in the Qualified Vendor List (QVL), for Missouri state agencies on a statewide basis, in accordance with the provisions and requirements stated herein and to the sole satisfaction of the using state agency.

a. The state anticipates awarding contracts to establish QVLs for the following three categories of services:

1) QVL Category 1: Mobile Application Assessment and Strategy Consulting Services;

2) QVL Category 2: A QVL for Mobile Application Development Services, for development of applications for internal agency use; and

3) QVL Category 3: Mobile Application Development Services for development of applications for external/public-facing or a combination of internal and external use.

b. Unless specifically identified otherwise herein, all contract requirements, provisions, terms and conditions are applicable to the contractor providing services in any of the QVL categories.

2.1.2 Preferred Use of Statewide Contract – The contract is being established as a statewide contract. Therefore, any state agency may participate in the contract. The contractor shall provide the services on an as needed, if needed basis. The State of Missouri does not guarantee any usage of the contract whatsoever. The contract shall be construed as a preferred use contract and shall not be construed as an exclusive arrangement. Preferred use means that any state agency needing the services should use the established contract unless it is determined to be in the best interest of the State of Missouri for a state agency, at its sole discretion, to obtain alternate services elsewhere.

a. The State of Missouri reserves the right to conduct a separate procurement process(es) to establish a contract(s) for the same or similar services for any agency's specific project, if determined to be in the state’s best interests.

2.1.3 The contractor must be able to perform all services required by the contract in full compliance with Executive Order 04-09 which limits the circumstances under which services may be provided from off-shore sources.

a. In no event shall any state data be transmitted to or stored in a location outside the Continental United States. Also, no state data shall be accessible by contractor personnel from outside the Continental United States.

2.1.4 The contractor must be capable of providing some or all of the services and expertise as described below. The mobile application consulting and development services requested may include, but are not limited to the following:

RFPT30034601600891 Page 7

a. Project Management/Project Oversight: Includes management of mobile application projects in the ten project management knowledge areas defined by the Project Management Institute in the Guide to the Project Management Body of Knowledge:

4) Project Integration Management5) Project Scope Management6) Project Time Management7) Project Cost Management8) Project Quality Management9) Project Human Resource Management10) Project Communication Management11) Project Risk Management12) Project Procurement Management13) Project Stakeholder Management

The contractor should be able to provide Project Management Institute Project Management Professional (PMP)-certified project managers.

b. Architecture: Assist in the development of technical architecture including the facilitation of discipline and domain discovery workshops, technical research, documentation and writing, technical environment analysis, infrastructure analysis, infrastructure planning and impact analysis.

c. Business Analysis: Assist in project requirements definition, providing decision analysis of various solutions or methodologies for resolving a particular business issue, business process re-engineering analysis, cost/benefit analysis, implementation planning and scheduling, solution testing, business workflow analysis; analyzing specific problems and documenting alternatives to address a given problem (feasibility analysis); reviewing departmental and expenditure plans; analyzing information technology needs and requirements (to support agencies’ requests for hardware, software, and/or personnel); technology consolidation reviews, examining alternatives for information technology-related problem resolution; preparing and/or reviewing information technology-related total cost of ownership/return on investment proposals and formulating alternative solutions; participating (with state agency personnel) in conducting risk assessments for projects and in the development of risk mitigation strategies and plans in compliance with the state’s Risk Management Program; participating (with state agency personnel) in the preparation of application system requirements; and documentation/manual writing.

d. Development Solutions: Mobile application development to support business solution implementation. Application development can be for the mainframe environment, midrange environment, web design, web development, and for workstation solutions or workgroup level development. Work may include business analysis, systems analysis, application design, application coding/programming, application testing, logical and physical network design, diagnostic activity, application documentation and technical writing.

e. Data Management : Data warehousing, data mining, data cleansing, data conversion, data profiling, data integrity, data protection, data validation, backup & recovery, data Extract/Transform/Load (ETL), and data reporting services.

f. Security, Privacy and Accessibility: Security Expertise related to Information Technology Access Controls; Telecommunications and Networks, Management Practices; Information Technology Policy; Classification and Control; Incident Handling; Awareness and Training; Business Continuity; Compliance; Risk Reviews; Architectures and Models; Laws, Investigations and Ethics; Application and Systems Development; Cryptography; Computer Operations Security; and Physical Controls. Privacy and accessibility expertise related to the Americans with Disabilities Act and Federal Section 508 compatibility reviews and solution determination; privacy issues surrounding Health Insurance Portability and Accountability Act (HIPAA).

RFPT30034601600891 Page 8

g. Geographic Information System (GIS): Data, databases, application programming interfaces, and applications designed to capture, store, manipulate, analyze, manage, and present all types of spatial or geographic data. The Esri platform is the Missouri state standard for GIS desktop and server software and services.

2.1.5 The contractor must comply with state and enterprise policies, standards including technology standards, state accessibility standards and data security standards, and procedures. Detailed standards can be found on the Approved Standards for Security Domain state websites at: http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture; and http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture/security-domain.

a. All variances from the Missouri Enterprise Architecture Standards must be approved by the State of Missouri’s Chief Information Officer.

b. If applicable, all programmers provided by the contractor must adhere to and use programming standards and documentation conventions of the State of Missouri and the contracting agency (See link in RFP paragraph 2.1.7 for the state’s current standards).

2.1.6 The contractor shall agree that all materials developed during a given project are the property of the State of Missouri, and must be turned over to the state agency upon completion of each specific task assignment.

2.1.7 Prior to the contractor beginning any work on a project, the state agency and the contractor shall jointly prepare and sign a listing which itemizes all state property that has been checked out to the contractor. The contractor shall return all keys, unused supplies, other project-related materials, and any other state property to the state agency upon completion of each project.

2.1.8 No overtime payment shall be allowed. Compensation for the contractor shall only be made pursuant to the specified firm, fixed Project Assessment Quotation (PAQ) pricing.

2.2 Assessment and Strategy Services Requirements (QVL Category 1):

2.2.1 If required by the state agency, the contractor must complete an architecture compliance review for solutions proposed in response to a PAQ. If needed, such services will be part of the agency PAQ request. The review will address the impact, both operational and fiscal, on the agency and the state as an enterprise. Impact will specifically address the impact of compliance with the architecture and that of varying from the architecture. The results of any such architecture compliance review must be submitted in writing to both the state agency and the Information Technology Services Division.

2.2.2 If requested by the state agency, the contractor shall provide a written report that contains the findings and recommendations to the state agency as they relate to each request. The contractor’s report shall include, but not necessarily limited to, the following:

a. Brief summary of the purpose and direction of state agency’s request as interpreted by the contractor;

b. Summary of documentation provided by the state agency and reviewed by the contractor; c. Summary of assumptions under which the review was conducted; d. Summary of the areas of the state agency’s request which may require further clarification or study; e. Summary of available alternative solutions; f. Overall cost presentation on the potential impact of alternative solutions; g. Recommendation on a course of action or a set of activities that the state agency should consider

relative to proceeding in a certain direction; h. Additional information as requested by the state agency.

http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture/security-domain

http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture/security-domain

http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture

http://content.oa.mo.gov/information-technology-itsd/it-governance/enterprise-architecture

RFPT30034601600891 Page 9

2.3 Mobile Application Development Requirements (QVL Categories 2 and 3):

2.3.1 The contractor must be capable of providing application development to support mobile solution implementation that includes all or some of the following services:

a. Project management; b. Business analysis; c. Systems analysis; d. Security analysis; e. Agile project management; f. Mobile application strategy development; g. Application architecture; h. Application design; i. User experience design; j. Application security design; k. Application coding/programming; l. Application testing and user feedback facilitation;

1) Multi-platforms, browsers, operating systems 2) Accessibility 3) User experience 4) Functionality 5) Security

m. Application documentation and technical writing.

2.3.2 The contractor must be capable of developing native applications in Apple iOS or Android platforms.

2.3.3 The contractor should be capable of developing native applications in Microsoft Windows.

2.3.4 The contractor must be capable of developing mobile friendly web applications using responsive design based on bootstrap javascript libraries.

2.3.5 The contractor should be capable of developing mobile applications targeted to multiple platforms based using Xamarin development tools..

2.4 Development Experience Requirements (QVL Categories 2 and 3):

2.4.1 The contractor’s subject matter expert(s) should have at least three years of Apple iOS mobile application development experience or at least three years of Android mobile application development experience.

2.4.2 The contractor’s subject matter expert(s) should have at least three years of mobile application development experience for Microsoft Windows.

2.4.3 The contractor’s subject matter expert(s) should have at least three years of experience developing strategic plans and application life cycle management policies/procedures.

2.4.4 The contractor’s subject matter expert(s) should have at least two years of experience developing .Net C# mobile application development using Xamarin development tools.

2.4.5 The contractor’s mobile application developer(s) should have at least two years of experience developing .Net C# mobile application development using Xamarin development tools.

2.4.6 The contractor’s mobile application developer(s) should have at least three years of Apple iOS mobile application development experience or at least three years of Android mobile application development experience.

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2.4.7 The contractor’s mobile application developer(s) should have at least three years of mobile application development experience for Microsoft Windows.

2.4.8 The contractor should be capable of interaction and interfacing mobile applications, as needed, with the following environments the state currently maintains:

a. Legacy mainframe with CICS command-level COBOL applications; b. Midrange pSeries and iSeries machines with AS/400 COBOL and RPG applications; c. VMWare virtualized machines running Microsoft Windows, Red Hat Linux, and IBM AIX

operating systems; d. Microsoft IIS, Apache, and WebSphere; e. .Net Visual Basic, .Net C#, C, C++, PHP, Java, JavaScript; and f. Microsoft SQL, Oracle, MySQL, DB2 databases.

2.5 Experience Requirements (All QVL Categories):

2.5.1 The contractor shall have a minimum of three years of experience in managing mobile application development projects targeting mobile devices and must include Apple iOS and Android devices, as well as responsive web applications using Bootstrap javascript libraries.

2.5.2 The contractor shall have a minimum of three years of experience in developing strategic plans and architecture specifically for mobile application development.

2.5.3 The contractor’s project manager(s) shall have at least four years of project management experience.

2.6 On-Site/Off-Site Services Requirements (All QVL Categories):

2.6.1 The contractor’s consulting services must be available to be provided both on-site at the state agency’s location and off-site at the contractor’s facility. The state agency will specify whether requested services must be provided on-site, off-site, or a combination thereof. It is anticipated that a significant amount of the consulting service performed under the contract will require off-site services. Off-site services must be performed in in full compliance4 with Executive Order 04-09 and the requirements of RFP section 2.1.3, but are not required to be performed in the state of Missouri unless identified otherwise in the PAQ.

2.6.2 On-site services shall be defined as a project engagement where the contractor’s staff is performing work in a state agency provided facility.

a. If the contractor’s services are requested to be provided on-site at the agency’s facility, the state agency will provide adequate workspace (as determined by the State of Missouri) for the contractor’s staff and the state agency shall be responsible for providing necessary office equipment, necessary computer/communications access, and project-specific software and desktop suite software if specified by the agency as a project requirement. (Note: If required by the agency, the contractor shall be responsible for costs associated with licensing software tools that may be necessary to perform a particular consulting service – e.g., project management software tools needed when performing project management consulting services.)

b. When the contractor is requested to perform services on-site at an agency facility, the work performed must occur during the normal business hours, unless the agency has otherwise authorized after-hours access for the contractor. Normal business hours shall be 8:00 a.m. to 5:00 p.m. Central Time. It shall be at the agency’s sole discretion whether to allow the contractor’s staff any after-hours access to the agency’s facility.

c. The contractor’s staff performing work on-site during the state agency’s normal business hours must adhere to the state’s internet usage policy. The contractor’s consultants must also adhere to the

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contracting state agency’s policies pertaining to facility and data security, press releases, and public relations.

1) Upon initiation of engagement, the contractor should review the individual agency’s policies with the state agency’s Project Manager or their designee.

d. No separate or additional travel expense payments and/or reimbursements shall be made to the contractor for providing any on-site services, since the contractor’s travel expenses are required to be reflected/incorporated into the firm, fixed PAQ total amount.

2.6.3 Off-site services shall be defined as a project engagement where the contractor’s staff is performing work in the contractor’s own facilities. Off-site services are typically utilized due to space constraint with the state agency.

a. If the contractor’s services are requested to be provided off-site, the contractor shall be responsible for all office space, all computer/communications equipment and computer/communications equipment access costs (both within the contractor’s organization and to the state agency), all software licensing costs unless otherwise agreed to by the state agency, and all equipment costs.

b. No separate or additional travel expense payments and/or reimbursements shall be made to the contractor for providing any on-site services, since the contractor’s travel expenses are required to be reflected/incorporated into the firm, fixed PAQ total amount.

2.7 Single Point of Contact/Contractor Status Requirements (All QVL Categories):

2.7.1 The contractor must function as the single point of contact for the state, regardless of any subcontract arrangements. This shall include assuming responsibility and liabilities for all problems relating to all services provided.

2.7.2 The contractor must represent 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. Consequently, the contractor shall understand and agree the individual consultants provided by the contractor shall not be utilized on any project in such a manner that conflicts with U.S. Internal Revenue Service and/or U.S. Department of Labor laws and regulations pertaining to distinctions between employees and contractors.

a. The contractor's consultants shall work under the direction of the contractor's management.

b. The contractor shall understand and agree the individual consultants provided by the contractor shall only be utilized for project-specific work. The individual consultants must not be used for staff augmentation purposes. State agency needs for temporary staff augmentation shall be handled through a separate procurement effort.

2.8 Confidentiality and Security Data Documents Requirements (All QVL Categories):

2.8.1 The contractor shall understand and agree that all discussions with the state and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the state. Confidential data, upon expiration or termination of the contract, shall be handled pursuant to the terms of the PAQ and rules and regulations of the using agency.

2.8.2 The contractor and any required contractor personnel must sign documentation regarding confidentiality and security for this contract upon request by the state agency for the particular project. 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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2.8.3 The contractor’s and/or system’s failure to maintain the level of security required by the State of Missouri to protect the data shall be considered a material breach of the contractual obligations by the contractor.

2.8.4 The contractor acknowledges and agrees that all information and data pertaining to the requirements of the contract shall be held confidential and shall not be sold or made available to a third party outside of the contract without the prior written authorization of the agency.

2.8.5 All information pertaining to and gathered by “cookie” techniques shall be considered as confidential and have a mechanism/method to substantially secure such information from being disclosed to third parties.

2.9 Qualified Vendor List Utilization and Requirements (All QVL Categories):

2.9.1 The state agency requesting a Project Assessment Quotation (PAQ) for a particular mobile application project shall notify all contractors awarded a contract under the applicable category and request submittal of a competitive PAQ response in accordance with the provisions requested therein. All terms and conditions of the contract shall apply to all PAQs. Determination of PAQ specifications for each project shall be made by the ordering agency.

2.9.2 Contractors shall return their PAQ responses as specified by the requesting agency. Failure of a contractor to submit the quotation within the required time specified shall be considered a “No Bid” response resulting in the contractor(s) not being eligible for consideration of award for that project. If, during the current effective contract period, there are six (6) or more situations where the contractor has repeatedly failed to respond affirmatively to agency requests for consulting services in the competitive PAQ process, such response failures may constitute a lack of interest by the contractor and removal from the Qualified Vendor List by Division of Purchasing, unless the contractor can document in writing to the Division of Purchasing the extenuating circumstances that made submitting the PAQ responses prohibitive. If the contractor fails to provide satisfactory explanation or if circumstances demand immediate action, the Division of Purchasing may issue a notice of cancellation the contract.

2.9.3 The contractor must notify the requesting state agency in writing with a “No Bid” response when they are unable to provide services, defined in a PAQ, that are included in the QVL category for the contractor was awarded a contract. The no-bid response must explain why the contractor is unable to provide a response to the PAQ request.

2.10 Project Assessment Quotation Requirements (All QVL Categories):

2.10.1 Project Assessment Quotations: On all projects, the contractor shall understand and agree the state agency shall utilize the Project Assessment Quotation (PAQ) as a means (1) to competitively bid a specific information technology project, (2) to identify the specific tasks to be performed and (3) to establish the total firm, fixed price to be paid to the awarded 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 Manager as outlined below.

a. State agencies may decide to break up projects into multiple PAQs. In that event, subsequent PAQs may be issued to the contractor that was awarded the initial PAQ without requesting competitive PAQs provided (1) the agency clearly indicates their intent to do so in the initial PAQ request and (2) the scope of the entire project is considered in the evaluation of the initial PAQ.

2.10.2 The contractor shall understand and agree that the general protocol for PAQ workflow shall be as described below:

a. STEP 1: PAQ REQUEST The agency’s designated Project Manager will present a written request for each PAQ to the contractors on the QVL, in a standard format. The agency’s request must explain the scope of the

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project and the tasks the agency desires the contractor to perform, including applicable business and technical specifications. In addition, the agency shall specify the evaluation criteria that shall be utilized to determine the PAQ award. The agency’s PAQ Request should include at a minimum the following information:

1) Introduction/Overview: Brief description of the project. Information provided to acquaint the reader with the planned acquisition. In addition, the following information shall be provided: state agency name/address state agency designated Project Manager name, email, and phone number brief title of specific PAQ project PAQ issue date PAQ Response Due Date

2) Background: a description of how the project came to be. A description of why the project is being pursued, and how it relates to other projects. Summarization of any statutory authority or regulations affecting the overall requirement; and identify any background materials attached to the PAQ. Also to be provided is any information pertaining to the agency’s business environment such as identification of hours of operation, as well as, the agency’s technical environment specific to the PAQ project which describes the technological infrastructure, systems, and programs operant within the organization.

3) Objectives: Specific objectives that the PAQ project will achieve. This section should provide a concise overview of the contract effort goals and objectives; and how the results or end products will be used.

4) Requirements/Tasks: listing of specifications/performance requirements, standards, locations, tasks, deliverables, schedule, and assumptions. This section defines the tasks that the contractor must complete for the PAQ project. This section should provide 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 must be clearly stated and must be quantifiable.

5) Deliverables: This section should clearly state what the contractor must deliver. If different tasks have different delivery requirements, they must be clearly identified along with times within which the contractor must deliver. A description of the acceptance criteria as well as what documentation the contractor must obtain from the agency to verify the agency’s receipt and approval of the deliverable work product. The deliverables should clearly be identified within the milestones proposed by the contractor in the PAQ response.

6) Government Furnished Property: This section should identify any government-furnished property provided to the contractor such as equipment, on-site work space, software tools, remote access, or specific data/information.

7) Place of Performance: This section should identify where the contractor’s staff will be performing their work (on-site at the agency’s facility(ies), off-site at the contractor’s facility(ies), combination thereof, etc.).

8) Security Requirements: This section should identify any unique security requirements associated with PAQ performance (when applicable). These requirements may include, but are not limited to, such items as: Special pass or identification requirements; Special security clearance requirements; or special escort requirements.

b. STEP 2: PAQ RESPONSE

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The contractor must respond (within a prescribed number of days as stated within the PAQ Request by the state agency) to each such PAQ request from the agency’s designated Project Manager with a PAQ Response which provides a statement of firm, fixed cost for the project, and technical/service solution to fulfill the PAQ Request. The contractor’s PAQ Response should include at a minimum the following:

1) Project Overview: Statement of the contractor’s understanding of the PAQ project and the business/technical needs of the project.

2) Resources: A description of the contractor’s resources that shall be provided to fulfill the PAQ project to include but not limited to: human resources to be provided, facility/equipment/supply resources, etc. a description of the minimum qualifications for an individual with a human resource job classification category (i.e., database architect, programmer, etc.) outlining the skills, experience and knowledge/education of the staff being offered for the PAQ project.

3) Approach/Methodology: A description of how the contractor will specifically go about completion of the work for the PAQ project. This description should address the information requested in each PAQ project and may include the following: Project Management Plan, project tracking and reporting the progress of the project, etc. A Work Breakdown Structure (WBS) to include a listing of the state agency’s

responsibilities, and Functional definition of requirements that outlines how the services and/or features shall

operate, look, and complete tasks for each PAQ requirement, specification, task. This description should describe how the requirements/specifications will be fulfilled by the proposed service offerings and to what degree the requirements are met and/or exceeded. This description should also include by whom, when, with what, why, where, etc., the requirements will be satisfied by the contractor’s proposed solution for the PAQ project.

4) Minority-owned Business Enterprise (WBE)/Woman-owned Business Enterprise (WBE), Blind/Sheltered Workshop, Service Disabled Veteran Enterprise (SDVE) Participation: A description of the contractor’s proposed participation by MBE, WBE, Blind/Sheltered Workshop, SDVE subcontractors, including the work to be performed by the subcontractor(s) and the participation commitment made to the subcontractors (i.e. dollar amount or percentage of the project). Contractors will not be given additional evaluation consideration for MBE/WBE, Blind/Sheltered Workshop, or SDVE participation when responding to PAQ requests as the evaluation consideration was given when contracts were awarded. However, contractors are requested to identify portions of the requested services that will be provided by MBE and/or WBE and/or Blind Sheltered Workshop and/or SDVE as required to meet participation commitments required by their contract.

5) Cost Response: Firm, fixed price(s) per deliverable to fulfill the PAQ Project, which shall include a 10% payment holdback per deliverable for any project for which the total firm, fixed price for all deliverables is $75,000 or greater. All travel-related expenses must be included within the firm, fixed deliverable price. No separate or additional reimbursement shall be made for travel related expenses.

i. The contractor shall agree and understand the firm, fixed price stated in the awarded PAQ Response shall not be increased unless the state agency requests a corresponding increase in the scope of work under the PAQ. In other words, if the contractor underestimates the level of effort in terms of personnel resources, the contractor shall not charge the state more than the total firm, fixed price for all deliverables unless the state later amends the PAQ to increase the scope of work. If the scope of work does not increase, the contractor shall complete all work agreed upon in the awarded PAQ at the firm, fixed total price stated in the PAQ Response. The contractor shall understand and agree federally funded projects

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may require added levels of PAQ cost response detail such as delineation of hourly rates and the number of hours used to derive the firm, fixed PAQ project cost(s).

ii. Unless stated in the PAQ Response, the state shall assume absolutely no other costs exist to satisfy the PAQ’s requirements. Therefore, the awarded PAQ contractor shall be responsible for any additional costs.

iii. PAQ pricing shall be based on specific deliverable components of the project and shall not be based on monthly billing. If the contractor fails to deliver all the functionality/features specified in the PAQ for a given deliverable then payment for the deliverable shall be withheld until all functionality/features of that deliverable have indeed been provided to and accepted by the agency.

iv. Payment shall not be made in advance for any deliverable; all payments shall be made in arrears (i.e., upon delivery and acceptance of a deliverable).

c. STEP 3: EVALUATION OF PAQ RESPONSESEach competitive PAQ shall be evaluated based on a 100 evaluation point scale with at a minimum the cost analysis representing 50% of the evaluation points, unless otherwise approved in writing by the Office of Administration Information Technology Services Division for consolidated state agencies or by the Division of Purchasing for all other agencies. The agency shall document in writing their evaluation justification regarding their award determination.

1) During the evaluation of the PAQ responses, the state agency reserves the right to request clarification of the contractor’s intent regarding the contactor’s PAQ response. Any clerical error, apparent on its face, may be corrected before award a PAQ. Upon discovering an apparent clerical error, the state agency shall contact the contractor and request clarification of the intended PAQ response. 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.

2) The state agency must not conduct competitive negotiations during the evaluation of the PAQ responses. In the event all PAQ responses fail to meet the requirements of the PAQ, the state agency shall cancel the PAQ and issue a new PAQ with revised specifications. The state agency reserves the right to contact the contractors after the PAQ has been cancelled, but before the replacement PAQ is issued, to discuss the specifications of the PAQ.

d. STEP 4: APPROVAL AND AWARD OF PAQThe awarded contractor and the agency’s designated personnel must indicate mutual acceptance of the PAQ project by signing and dating the PAQ Response document. The agency’s designated personnel (1) must retain one signed copy; (2) must forward a copy of the awarded PAQ and PAQ Response Abstract (i.e., a written document that indicates whether or not a contractor submitted a PAQ response) to the Division of Purchasing for inclusion in the contract file; (3) must send one copy of the signed and awarded PAQ to the contractor awardee; and (4) must inform all responding contractors as to who received the award.

e. STEP 5: AUTHORIZATION TO PROCEED/ PAQ PROJECT WORK An approved awarded PAQ alone does not constitute an authorization to proceed with project work. In accordance with paragraph 9c of the attached Terms and Conditions Request for Proposal, before providing work on any project, the contractor must receive a properly authorized Purchase Order except the state agency may authorize an obligation of less than $3,000.00 pursuant to the terms of the contract without the official encumbrance of funds (i.e. without the issuance of a properly authorized Purchase Order). Project work shall include the contractor’s completion of the tasks identified in the awarded PAQ.

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f. STEP 6: FORMAL ACCEPTANCE Upon the completion of all project work of a given PAQ, the contractor must notify the agency’s designated Project Manager in writing and shall submit an invoice in accordance with the PAQ deliverable compensation requirements as described in the awarded PAQ document. The agency’s designated Project Manager 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. Once the PAQ project work has been formally accepted by the state agency, the contractor shall deliver the source code materials (if applicable) pertaining to the PAQ project work to the state agency within five (5) business days.

g. STEP 7: COST RECOVERY FOR CONTRACTOR Project costs for the PAQ project work shall be reimbursable upon formal acceptance by the agency’s designated Project Manager in accordance with the deliverables for compensation outlined in the PAQ.

h. GENERAL REQUIREMENTS

1) The contractor shall submit PAQ Responses in a timely manner in accordance with the state agency’s prescribed number of days for the contractor to submit the PAQ Response. The typical response time for PAQ Responses is ten business days after issuance.

Prior to the PAQ Response Due Date, it shall be the contractor's responsibility to ask questions, request changes or clarification, or otherwise advise the requesting state agency if any language, specifications or requirements of the PAQ appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the PAQ to a single source. Any and all communication from contractors regarding specifications, requirements, competitive PAQ process, etc., must be directed to the state agency contact listed on the PAQ Request document.

The contractor should participate in a pre-bid conference, if held by the state agency, in order to provide clarity regarding the PAQ. The state agency may conduct the pre-bid conference via a conference call or web-ex meeting or in-person at state agency designated location.

2) The requesting state agency reserves the right to officially amend or cancel a PAQ after issuance. The state agency shall notify all contractors of any amendment or cancellation.

3) The agency’s designated Project Manager reserves the right to reject any contractor-submitted PAQ that is non-compliant with the PAQ’s mandatory requirements.

4) The contractor shall not be paid for the preparation of the PAQ Response.

5) A PAQ Request, PAQ Response, and the contractor’s project work must be within the scope of the performance requirements identified in the contract, which the contractor was awarded and must not change any provision of the contract.

6) Any changes to the PAQ, after the state’s acceptance of the PAQ, must be formalized in writing as an official revision to the awarded PAQ. The format of PAQ revisions shall be consistent with the format of the awarded PAQ as outlined above, including the distribution of the original to the Division of Purchasing, a copy to the contractor and retaining a copy for the agency’s designated Project Manager.

7) The duration of any PAQ must not exceed the effective contract period.

8) Project Assessment Quotation Invoicing: The contractor shall submit an invoice to the agency within thirty (30) calendar days after completion of and in accordance with the mutually agreed

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upon deliverables for compensation for the contractor’s project work (as specified in applicable Project Assessment Quotation).

10) Payment Holdback: For any project for which the total firm, fixed price for all deliverables is

$75,000 or greater, a ten percent (10%) of each of each deliverable shall be held back by the agency and shall be paid to the contractor upon final acceptance by the state agency of the entire PAQ project completion and receipt by the state agency of an accurate invoice for the final deliverable. The contractor shall understand and agree that the payment holdback provisions described herein shall not be construed as a penalty.

The contractor shall understand and agree forfeiture of Payment Holdback shall result when:

The contractor fails to fulfill the mandatory requirements of the PAQ resulting in a deliverable being considered non-compliant with the PAQ requirements and the contractor fails to correct and resolve the issue within ten (10) business days or other timeframe as agreed to in writing by the state agency’s Project Manager; or

The contractor fails to provide the state agency with an accurate invoice for all successfully completed and accepted deliverables for a PAQ project within forty-five (45) days after agency acceptance of the deliverables;

The contractor shall understand and agree r eturn of Payment Holdback shall result when:

If the PAQ project is canceled by the state agency due reasons not attributable to the fault of the contractor prior to completion of the project, all payment holdback amounts retained by the state agency for that particular PAQ project shall be returned to the contractor; or

The PAQ project is completed and accepted by the state agency and the contractor has invoiced for the project in accordance with the provisions and requirements of the contract.

2.10.3 The contractor’s pricing stated in the PAQ shall include all applicable costs associated with the provision of the products/services specified herein, including but not limited to payment of the required administrative fee specified herein.

2.11 Contractor Personnel Requirements (All QVL Categories):

2.11.1 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 is subject to the approval or rejection by the state. The state may interview the contractor’s proposed staff prior to acceptance. If there would be a need to replace the staff by the contractor, any subsequent proposed staff may be interviewed by the state prior to acceptance. The contractor must guarantee that all staff included in the contractor’s PAQ response is willing and able to work in Missouri.

2.11.2 The contractor shall make available personnel to provide the required services who have excellent English communication skills.

2.11.3 Substitution of Personnel - 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 and/or personnel qualifications identified in the proposal.

a. 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, unscheduled military service deployments, resignation, termination, or other severance of association (“special circumstances”).

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b. Any substitution of the specific key individual(s) and/or personnel qualifications identified in the proposal must be with individual(s) of equal or better qualifications than originally proposed.

c. 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.

d. The contractor shall provide resumes for all contractor staff being assigned to the project if different from staffing originally proposed. If there would be a need to replace key staff, any subsequent proposed key staff may be interviewed by the state prior to acceptance/rejection.

e. The state agency 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 use reasonable discretion to accept or reject any substitute personnel offered by the contractor. Such approval of substitution requests will not be unreasonably withheld.

2.11.4 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.

2.11.5 Upon receiving written notification from the state agency of contractor personnel performance-related issues, the contractor shall either immediately cure any performance-related issues by such staff, including possible misconduct, or provide prompt replacement of applicable contractor’s staff providing services under the contract, pursuant to the substitution of personnel requirements herein. However, if required by the state, due to the severity of the circumstance, the contractor must provide prompt replacement of applicable staff members without being given an opportunity to cure staff misconduct.

2.11.6 The contractor shall provide immediate replacement of any of the contractor's consultant(s) providing services under the contract, if requested by the state agency, if deemed to be in the best interests of the state agency.

2.11.7 Upon request from the state agency for a particular personnel classification, the contractor shall provide resume(s) of available consultants. The contractor shall understand and agree that any state agency requesting services under the contract shall reserve the right to accept or reject any of the contractor's consultant(s). The contractor must notify the requesting state agency in writing with a “No Bid” response when the contractor is unable to offer candidates that meet the agency’s request.

2.11.8 The contractor must ensure all staff provided under the contract receive ongoing training in the applicable disciplines and areas of expertise. The contractor must not rely upon or expect the State of Missouri to provide such training for the contractor’s consultants.

2.12 Security Clearance Requirements (All QVL Categories):

2.12.1 At the written request and at the sole discretion of the state agency, the state agency shall have the right to require the contractor’s and/or subcontractor’s staff that will be performing work for the state agency to undergo a security background review prior to performing work. In the event the state agency determines security background reviews are required, the contractor shall be responsible for the costs for such security background reviews. When the state agency requires a security background review for the contractor’s staff that will be assigned to provide services under the contract, the following provisions shall apply:

a. Background Security Clearance – If requested by the state agency, the contractor must submit a criminal record personal identifier background security clearance report (Name-Based Search) or a

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fingerprint based search report for the contractor’s and/or subcontractor’s staff, by the Missouri State Highway Patrol.

1) Information about requesting the background security clearance can be found at the following website address. The Missouri Automated Criminal History Site (MACHS) can also be accessed from the following website:

http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

2) Background security clearance reports can be obtained in one (1) of the following three (3) ways:

In Person – At the Missouri State Highway Patrol’s Public Window in Jefferson City, MO – The Missouri State Highway Patrol’s Public Window is located in the Annex Building at 1510 East Elm Street, Jefferson City, MO, 65101. Hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. State and Federal holidays are observed. “Name-based” search requests can be processed in person at the public window while the contractor waits.

Online – Through the Missouri Automated Criminal History Site (MACHS).

By Mail – If requesting the background security clearance report by mail, the contractor is advised to allow up to four (4) weeks for completion.

3) The background security clearance report must be provided to the state agency and the state agency must approve the individual prior to the contractor allowing the individual to begin work on the project.

2.13 Accessibility Requirements (All QVL Categories):

2.13.1 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/itsd/it-governance/enterprise-architecture/it-accessibility-standards) 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.

END OF SECTION TWO: SCOPE OF WORK

http://oa.mo.gov/itsd/it-governance/enterprise-architecture/it-accessibility-standards

http://oa.mo.gov/itsd/it-governance/enterprise-architecture/it-accessibility-standards

http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

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1. 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. Consequently, response to this section by the vendor is not necessary.

1.1 Contract:

1.1.1 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’s acceptance of the proposal by “notice of award”. All Exhibits, Attachments, and RFP Terms and Conditions 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 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 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.

1.2 Contract Period:

1.2.1 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.

1.3 Contract Renewal:

1.1.1 The Division of Purchasing shall have the right, at its sole option, to renew the contract for two (2) additional one-year periods, or any portion thereof. In the event the Division of Purchasing exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

1.4 Contract Extension:

1.4.1 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 Division of Purchasing 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, and provisions of the contract upon expiration of the final contract renewal period in order to complete the procurement process and/or transition to a new contract.

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1.5 Transition:

1.5.1 Upon award of the contract, the contractor shall work with the state agency and any other organizations designated by the state agency to ensure an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the state agency.

1.5.2 Upon expiration, termination, or cancellation of the contract, the contractor shall assist the state agency 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 agency, if requested in writing. The contractor shall provide and/or perform any or all of the following responsibilities:

a. The contractor shall deliver, FOB destination, all records, documentation, reports, data, recommendations, or printing elements, etc., which were required to be produced under the terms of the contract to the state agency and/or to the state agency'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 shall 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 ninety (90) calendar days after the expiration, termination, or cancellation date of the contract unless otherwise agree upon in contract extension pursuant to paragraph 3.4.1.

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

1.6 Contract Price:

1.6.1 All prices shall be firm, fixed and as indicated on the PAQ’s Pricing Section. 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. Unless stated in the PAQ Response, the state shall assume absolutely no other costs exist to satisfy the PAQ’s requirements. Therefore, the awarded PAQ contractor shall be responsible for any additional costs.

1.7 Missouri Statewide Contract Quarterly Administrative Fee:

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

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

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

a. Check: Personal check, company check, cashier’s check, or money order made payable to the “Missouri Revolving Information Technology Trust Fund” and sent to the following mailing address: Division of Purchasing, P.O. Box 809, Jefferson City, MO 65102 – 0809 OR Division of Purchasing, 301 West High Street, Room 630, Jefferson City, MO 65101-1517. The contractor’s payment by check shall authorize the State of Missouri to process the check electronically. The

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contractor understands and agrees that any returned check from the contractor may be presented again electronically and may be subject to additional actions and/or handling fees.

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

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

1.8 Missouri Statewide Contract Quarterly Administrative Fee Report:

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

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

1.8.3 The Missouri Statewide Contract Quarterly Administrative Fee Report form may be downloaded from the following Division of Purchasing website: http://content.oa.mo.gov/purchasing/vendor-information. The Missouri Statewide Contract Quarterly Administrative Fee Report is also included herein as Attachment 2. The Missouri Statewide Contract Quarterly Administrative Fee Report must be submitted using one of the following methods:

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

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

b. Fax : (573) 526-9815c. Email : [email protected]

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


http://content.oa.mo.gov/purchasing/vendor-information

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1.9 Missouri Statewide Contract Quarterly Usage Report:

1.9.1 The contractor shall submit a Missouri Statewide Contract Quarterly Usage Report to the Division of Purchasing which shall provide the Data Element information listed below:

Data Element DescriptionContractor Name Contractor name as it appears on the contract.Statewide Contract Number

Statewide contract number as listed on the cover page of your contract with the State of Missouri.

Report Contact Name Name of the person completing the report on behalf of the contractor. Contact Phone Number

Phone number for the person completing the report.

Contact Email Address Email address for the person completing the report. Date Report Submitted Date the Missouri Statewide Contract Quarterly Usage Report is submitted to

Division of Purchasing.Reporting Quarter Quarter for which the contractor is reporting purchases on the contract.

Entity Type Indicate the type of entity by entering "S" for Missouri state agency, "P" for Missouri political subdivision, "U" for Missouri university, or "O" for political subdivision or state entity from another state.

Customer Name Customer's name. If the customer has multiple locations, please only use the main entity name.

Product or Service Description

Description of product or service purchased.

Purchase Authorization Number/Identifier

Purchase Authorization Number/Identifier supplied by customer to contractor. Enter PO or other authorization number/identifier. If procurement card used, enter "P-Card".

Contract Line Item Number

Line item number on the contract.

Quantity Delivered Quantity (i.e. excluding returns) of products delivered. Enter a quantity of "1" for a service/project.

Unit Price Charged Unit Price Charged (i.e. excluding credits) for the product or service purchased.

Extended Price Quantity Delivered X Unit Price Charged.

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

1.9.3 The contractor must submit a Missouri Statewide Contract Quarterly Usage Report electronically either utilizing the “Missouri Statewide Contract Quarterly Usage Report” worksheet included herein in Attachment 2 which is downloadable from http://content.oa.mo.gov/purchasing/vendor-information or utilizing another format which is Excel-exportable. The contractor must submit the Missouri Statewide Contract Quarterly Usage Report to the following email address: [email protected].

1.9.4 The contractor shall agree that the Division of Purchasing reserves the right to modify the requested format and content of the Missouri Statewide Contract Quarterly Usage Report by providing thirty (30) calendar days’ written notice to the contractor. The contractor shall also agree the Division of Purchasing may unilaterally amend the contract, with thirty (30) calendar days’ notice to the contractor to change the


http://content.oa.mo.gov/purchasing/vendor-information

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timing for submission of the Missouri Statewide Contract Quarterly Usage Report. The contractor shall understand and agree that if such an amendment is issued by the Division of Purchasing, the contractor shall comply with all contractual terms, as amended.

1.10 Payments:

1.10.1 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 update their vendor registration with their ACH-EFT payment information at https://MissouriBUYS.mo.gov. 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 RFP.

1.10.2 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.

1.10.3 Notwithstanding any other payment provision of the contract, if the contractor fails to perform required

work or services, fails to submit reports when due, or is indebted to the United States, the state agency may withhold payment or reject invoices under the contract.

1.10.4 Final invoices are due by no later than thirty (30) calendar days of the expiration of the contract, unless otherwise stated in the contract. The state agency shall have no obligation to pay any invoice submitted after the due date.

1.10.5 If a request by the contractor for payment or reimbursement is denied, the state agency shall provide the contractor with the written notice of the reason(s) for denial.

1.10.6 If the contractor is overpaid by the state agency, upon official notification by the state agency, the contractor shall provide the state agency with a check payable as instructed by the state agency in the amount of such overpayment. The contractor shall submit the overpayment to the state agency at the address specified by the state agency

1.11 Assignment:

1.11.1 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.

1.12 Coordination:

1.12.1 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 throughout the effective period of the contract.

1.13 Contract and PAQ Termination and Cancellation:

1.13.1 Contract Termination for Convenience:

a. The Division of Purchasing 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 30 calendar days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all documents, data, reports, supplies, and accomplishments

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx


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prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the Division of Purchasing, become the property of the State of Missouri. The contractor shall be entitled to receive compensation for services delivered to and accepted by the state agencies for each PAQ award made under the contract prior to the effective date of termination.

1.13.2 Contract Breach and Cancellation for Cause:

a. 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 Division of Purchasing may cancel the contract. At its sole discretion, the Division of Purchasing 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 ten (10) working days from notification, or at a minimum that the contractor must provide the Division of Purchasing 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.

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

c. If the Division of Purchasing cancels the contract for breach, the Division of Purchasing reserves the right to obtain the services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the Division of Purchasing deems appropriate and charge the contractor for any additional costs incurred thereby.

d. 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.

1.13.3 PAQ Termination for Convenience:

a. The state agency reserves the right to terminate any work assignment (under a PAQ as outlined herein) at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least (10) ten calendar days prior to the effective date of such cancellation. In the event of cancellation pursuant to this paragraph, all documents, data, reports, supplies, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the state agency, become the property of the State of Missouri. The contractor shall be entitled to receive compensation for service deliverables delivered to and accepted by the state agency for the PAQ prior to the effective date of cancellation. The state agency shall not make payment for deliverables that have not been accepted by the state agency for the PAQ prior to the effective date of cancellation.

b. If state and/or federal funds are not appropriated, continued, or available at a sufficient level to fund this contract or agreement, or in the event of a change in federal or state law relevant to this contract or agreement, the obligations of each party may, at the sole discretion of the State of Missouri, be terminated in whole or in part, effective immediately or as determined by the State of Missouri, upon written notice to the Contractor from the State of Missouri.

1.13.4 PAQ Cancellation for Cause:

a. The state agency reserves the right to cancel the PAQ(s) at any time, for cause (hereinafter referred to as breach), without penalty or recourse and with no prior notice to the contractor. At its sole

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discretion, the state agency 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 state agency 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.

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

c. If the state agency cancels the PAQ for breach, the state agency reserves the right to obtain the services to be provided pursuant to the PAQ from other sources and upon such terms and in such manner as the state agency deems appropriate and charge the contractor for any additional costs incurred thereby.

d. Notwithstanding the provisions described herein, no provision in the PAQ 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 or termination of PAQ(s).

e. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of cancellation and may be subject to damages as defined in this RFP and in the PAQ(s).

f. Cancellation of a contractor’s PAQ for cause may negatively affect future evaluations for other state projects.

1.14 Document Retention:

1.14.1 The contractor shall retain all books, records, and other documents relevant to the contract for a period of three (3) years after final payment or the completion of an audit, whichever is later, or as otherwise designated by the federal funding agency and stated in the contract. The contractor shall allow authorized representatives of the state agency, state, and federal government to inspect these records upon request. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three (3) year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three (3)year period, whichever is later. Failure to retain adequate documentation for any service billed may result in recovery of payments for services not adequately documented.

1.15 Appropriation of Funds:

1.15.1 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 sufficiently appropriated, and the state shall not be liable for any costs associated with termination caused by lack of appropriations.

1.16 Liability:

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

d. 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

e. 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

f. The Missouri Constitution, Article III, sec. 39, prohibits the State from indemnifying, holding harmless, or agreeing in advance to defend any person or entity; or

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

h. 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.

1.16.2 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.

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

1.16.4 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.

1.17 Insurance:

1.17.1 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.

1.18 Compliance with Acts, Statutes, Rules, and Regulations:

1.18.1 The contractor shall agree and understand that some of the state agencies that may utilize the contractor’s services are subject to and must comply with the provisions of various acts and statutes. These may include but are not limited to the following; Health Insurance Portability and Accountability Act (HIPAA), Payment Card Industry (PCI), Criminal Justice Information Services (CJIS), Personally Identifiable Information (PII), Americans with Disabilities Act and Federal Section 508 compatibility,

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etc. The state agency will identify all applicable provisions in the PAQ. The contractor must ensure compliance with all provisions identified in the PAQ.

1.19 Governing Law:

1.19.1 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.

1.20 Prohibitive Hiring:

1.20.1 The contractor and the contractor's subcontractor(s) shall not hire any current employee of the state agency or of the ITSD for work on the project for a period of not less than six (6) months prior to their date of employment with the contractor or contractor's subcontractor(s) (unless the individual has retired in accordance with the State of Missouri's retirement program or has experienced a cessation of employment due to layoff from their State of Missouri department, or otherwise dismissed) without the prior written approval of the applicable state agency’s director or other designated official. The contractor shall obtain the required approval before contacting any described employee for the purposes of possible employment. The state will not hire any of the contractor or contractor's subcontractor employees during the term of contract performance period, without prior approval from the contractor. Notwithstanding the foregoing, either party shall have the right to hire any individual employed by the other who, without other solicitation, responds to employment advertising in the newspapers, trade publications or other public commercial media or any unsolicited walk-in candidates not related to this contract.

1.21 Participation by Other Organizations:

1.21.1 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.

1.21.2 The contractor shall prepare and submit to the Division of Purchasing 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.

1.21.3 The Division of Purchasing will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the contractor’s awarded proposal. The Division of Purchasing 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 determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released.

1.21.4 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.

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a. The contractor must obtain the written approval of the Division of Purchasing for any new entities. This approval shall not be arbitrarily withheld.

b. If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Division of Purchasing detailing all efforts made to secure a replacement. The Division of Purchasing 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.

1.21.5 Within thirty days of the end of the original contract period, the contractor must submit an affidavit to the Division of Purchasing. 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’s website at http://oa.mo.gov/purch/vendor.html or another affidavit providing the same information.

1.22 Contractor’s Personnel:

1.22.1 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.

a. 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.

b. The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

c. 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:

1) 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

2) Provide to the Division of Purchasing 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

3) Submit to the Division of Purchasing a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

http://oa.mo.gov/purch/vendor.html

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d. 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.

1.23 Contractor Status:

1.23.1 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.

1.24 Subcontractors:

1.24.1 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.

a. The contractor shall expressly understand and agree that the contractor shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

b. The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

c. The contractor must obtain the approval of the State of Missouri prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld.

d. 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

1) The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation.

2) 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.

1.25 Inventions, Patents, and Copyrights:

1.25.1 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.

1.25.2 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

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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 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.

1.25.3 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.

1.25.4 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.

1.26 Federal Funds Requirement:

1.26.1 The contractor shall understand and agree that this procurement may involve the expenditure of federal funds.

1.26.2 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 money unless the prior approval of the state agency is obtained and unless they clearly state the following as provided by the state agency:

a. the percentage of the total costs of the program or project which will be financed with Federal money;

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.

1.27 Publicity:

1.27.1 Any publicity release mentioning contract activities shall reference the contract number and the state agency. Any publications, including audiovisual items produced with contract funds, shall give credit to the contract and the state agency. The Contractor shall obtain approval from the state agency prior to the release of such publicity or publications.

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1.28 Property of State:

1.28.1 While the state agrees that ownership of all copyrighted software shall be retained by the contractor or relevant third party(s), the contractor shall understand and agree that all mobile applications, documents, data, reports, materials, documentation, business rules, accomplishments, etc., prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall become the property of the State of Missouri, which shall include all rights and interests for present and future use or sale as deemed appropriate by the state agency. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the State of Missouri.

1.28.2 The State of Missouri understands and agrees that any ancillary software tools or pre-printed materials (e.g., project management software tools or training software tools, etc.) developed or acquired by the contractor that may be necessary to perform a particular service required hereunder but not required as a specific deliverable of the contract, shall remain the property of the contractor; however, the contractor shall be responsible for ensuring such tools and materials are being used in accordance with applicable intellectual property rights and copyrights.

1.28.3 The contractor shall further agree that no reports, documentation, or material prepared, including the program(s) developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the state agency.

1.29 Substitutions of Services:

1.29.1 The contractor shall not substitute any item that has been awarded to the contractor without the prior written approval of the Division of Purchasing.

1.29.2 The state reserves the right to allow the contractor to substitute any new service offered by the contractor on all undelivered and future orders if the quality is equal to or greater than the service under the contract and if the prices are equal to or less than the contract prices. The Division of Purchasing shall be the final authority as to acceptability.

1.30 Contract Monitoring:

1.30.1 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 agency determines the contractor to be at high-risk for non-compliance, the state agency 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 limited to, those conditions specified below:

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

b. Requiring additional, more detailed financial reports or other documentation; c. Additional contract monitoring; d. Requiring the contractor to obtain technical or management assistance; and/or e. Establishing additional prior approvals from the state agency.

1.30.2 The state will monitor the contractor’s performance regarding the responses, project performance, and overall contract performance.

1.30.3 PAQ Response Performance: The contractor must provide either a solution proposal or no-bid response to all PAQ requests. The contractors’ PAQ response performance will be monitored by the state. Lack of responses to PAQs will be reviewed by the state, and ongoing no-bid responses may require further justification by the contractor.

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1.30.4 Project Performance: The contractors’ project performance will be reviewed on a weekly or monthly basis by the state agency. The state agency will review the contactor’s compliance to the mandatory requirements of the awarded PAQ.

1.30.5 Overall Contract Performance: The contractors’ overall contract performance, including MBE/WBE participation commitment compliance, will be reviewed by the state. The state will review the contactor’s compliance to the mandatory requirements of the overall contract.

1.30.6 Contractors with inadequate responses to PAQ requests or inadequate project performance shall be informed by the Division of Purchasing of such issues, asked to implement corrective actions and may be required to submit a written corrective action plan response to the Division of Purchasing. The state reserves the right to remove contractors and cancel and/or terminate their contracts if the state determines that a contractor continues to demonstrate inadequate performance and shows no sign of improvement in their performance of their contract obligations. The contractor’s inadequate performance on projects may also negatively affect future evaluation considerations for other state projects.

1.31 Cooperative Procurement Program:

1.31.1 The contractor shall participate in the State of Missouri’s Cooperative Procurement Program. The contractor shall provide mobile application consulting and development services as described herein under the terms and conditions, requirements and specifications of the contract, including prices, to other government entities in accordance with the Technical Services Act (section 67.360, RSMo, which is available on the internet at: http://www.moga.mo.gov/mostatutes/stathtml/06700003601.html.) The contractor shall further understand and agree that participation by other governmental entities is discretionary on the part of that governmental entity and the State of Missouri bears no financial responsibility for any payments due the contractor by such governmental entities.

END OF SECTION THREE: CONTRACTUAL REQUIREMNTS

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2. PROPOSAL SUBMISSION INFORMATION AND REQUIREMENTS

This section of the RFP includes information and instructions to the vendor 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.

2.1 Introduction:

2.1.1 This section describes the contents and format designed to ensure completeness in the vendor's proposal. The intent of the instructions contained herein is to standardize the proposals to allow comparisons and enable equitable measurements for competitive review of proposals recieved.

2.1.2 The instructions contained herein are not an attempt to limit the contents of any proposal and the vendor may include any additional data and information which is deemed pertinent to the proposal for this RFP. The proposal should describe in detail the vendor’s ability and availability of services to meet the goals and objectives of this RFP.

2.2 Submission Information:

2.2.1 On-line Proposal - If a registered vendor is responding electronically through the MissouriBUYS System website, in addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the proposal as an attachment to the electronic proposal. The registered vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered vendor responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html.

a. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments.

b. In addition, a registered vendor may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

c. If a registered vendor submits an electronic and hard copy proposal response and if such responses are not identical, the vendor should explain which response is valid. In the absence of an explanation, the State of Missouri shall consider the response which serves its best interest.

2.2.2 Hard Copy Proposal - If the vendor is submitting a proposal via the mail or a courier service or is hand delivering the proposal, the vendor should include completed exhibits, forms, and other information concerning the proposal (including completed Pricing Page(s) with the proposal. The vendor is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

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

b. Proposal Copies: The vendor's proposal should include an original hardcopy document. In addition, the vendor shall include one (1) complete electronic copy of their proposal in Microsoft compatible

https://missouribuys.mo.gov/bidboard.html

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format or in .pdf on CD(s) or flash drive(s). The electronic copy should be searchable within Microsoft Word 2010 (or newer) or if a PDF, searchable in Adobe reader.

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

c. Recycled Products - The State of Missouri recognizes the limited nature of our resources and the leadership role of government agencies in regard to the environment. Accordingly, the vendor is requested to print the proposal double-sided using recycled paper, if possible, and minimize or eliminate the use of non-recyclable materials such as plastic report covers, plastic dividers, vinyl sleeves, and binding. Lengthy proposals may be submitted in a notebook or binder.

2.2.3 Proposal Preparation Costs: Any and all costs incurred by the vendor in preparing or submitting a proposal shall be the vendor’s sole responsibility whether or not any award results from this RFP. The state shall not reimburse such costs.

2.2.4 Conciseness/Completeness of Proposal: It is highly desirable that the vendor respond in a complete, but concise manner. It is the vendor'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 vendor's response. The vendor'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 vendor’s proposed solution should be excluded from the vendor’s proposal.

2.2.5 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.

b. The Division of Purchasing 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 vendor as to material being proprietary and not subject to copying or distribution, or how an vendor characterizes any information provided in its proposal, all material submitted by the vendor 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 Division of Purchasing and withheld from any public request submitted to Division of Purchasing after award. Vendors should presume information provided to Division of Purchasing 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; however, this is not meant to be an all-inclusive list:

1) Vendor’s entire proposal; 2) Vendor’s pricing; 3) Vendor’s proposed method of performance including schedule of events and/or deliverables; 4) Vendor’s experience information including customer lists or references; and 5) Vendor’s product specifications unless specifications disclose scientific and technological

innovations in which the owner has a proprietary interest (see subsection 15 of section 610.021 RSMo).

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d. In the event that the vendor 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 vendor’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 vendor’s failure to follow this instruction shall relieve the state of any obligation to preserve the confidentiality of the documents.

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

2.2.6 Imaging Ready: Except for any portion of a proposal qualifying as proprietary or confidential as determined by the Division of Purchasing as specified above, after a contract is executed or all proposals are rejected, all proposals are scanned into the Division of Purchasing imaging system. The scanned information will be available for viewing through the Internet from the Division of Purchasing Awarded Bid and Contract Document Search system. Therefore, the vendor is advised not to include any information in the proposal that the vendor does not want to be viewed by the public, including personal identifying information such as social security numbers. Also, in preparing a proposal, the vendor 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.

2.2.7 Compliance with Requirements, Terms and Conditions: Vendors are cautioned that the State of Missouri shall not award a non-compliant proposal. Consequently, any vendor 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 vendor resolves the noncompliant issue(s).

a. The vendor 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 vendor should indicate agreement that, in the event of conflict between any of the vendor'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 vendor's proposal unacceptable and remove it from consideration for award.

2.2.8 Foreign Vendors: If the vendor is a foreign company that does not have an Employer Identification Number assigned by the United States IRS, the vendor will need to: (1) complete the appropriate IRS W-8 form (found on the http://www.irs.gov/ website); (2) complete a State of Missouri Vendor Input Form located at http://content.oa.mo.gov/accounting; and (3) fax these documents along with a cover letter that states it wishes 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, the vendor will be provided, via e-mail, a number that may be used to register as a State of Missouri vendor through the On-Line Bidding/Vendor Registration System website (https://missouribuys.mo.gov/).

a. If the vendor is a foreign company that has an Employer Identification Number assigned by the IRS, completing an IRS W-8 form will not be necessary, and the vendor 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 the company by the IRS.

b. When submitting a bid/proposal, the vendor should attach a note to the front page advising the Division of Purchasing whether it has: (1) submitted a W-8 prior to submission of the proposal, (2) included the completed W-8 form with its bid/proposal, or (3) registered with the State of Missouri


http://content.oa.mo.gov/accounting

http://www.irs.gov/

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through the On-Line Bidding/Vendor Registration System website using its Employer Identification Number.

2.2.9 Business Compliance: The vendor must be in compliance with the laws regarding conducting business in the State of Missouri. The vendor certifies by signing the signature page of this original document and any addendum signature page(s) that the vendor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. The vendor shall provide documentation of compliance upon request by the Division of Purchasing. 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).

2.3 Proposal Format:

2.3.1 To facilitate the evaluation process, the vendor is encouraged to organize their proposal into sections that correspond with the individual evaluation categories described herein. The vendor is cautioned that it is the vendor’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 vendor’s failure to submit such information may cause an adverse impact on the evaluation of the proposal.

a. The proposal should be page numbered and should have an index and/or table of contents referencing the appropriate page number(s).

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

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

2.3.2 All proposals should be structured as a set of documents as described below and within Table 1: Proposal Format.

a. Electronic Proposal Format: The electronic copies should be named and organized using the document file names identified in Table 1. NOTE: The ‘Vendor Name’ reference in the File Name in Table 1 should be replaced with your company name or acronym as appropriate.)

b. Hardcopy Proposal Format: Each hardcopy proposal should be organized in an indexed binder ordered in the same manner as the response items identified in Table 1.

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Table 1: Proposal Format For Each Category the Vendor is Submitting a ResponseHardcopy(Paper) Proposal Section

Electronic Copy (CD or flash drive) Proposal Submission(Document File Name) Document Format of Electronic Copy

Tab 1 Vendor Name – Signed RFP Narrative Response(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit B - Experience of Organization (For each Category the vendor is submitting a response)

Tab 2 Vendor Name – Experience Exhibit B, Narrative Response(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit C - Method of Performance and Expertise of Personnel (For each Category the vendor is submitting a response)

Tab 3 Vendor Name – Method of Performance Exhibit C, Narrative Response(Microsoft Word or Adobe Acrobat .pdf)

Tab 4 Vendor Name – PAQ Scenario (1, 2, or 3) Exhibit C, Narrative Response(Microsoft Word or Adobe Acrobat .pdf)

Tab 5 Vendor Name – References Exhibit C, Narrative Response(Microsoft Word .doc or Adobe Acrobat .pdf)

Tab 6 Vendor Name – Expertise of Personnel Narrative Response & Exhibit C: Resume Format(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit D - Participation From Other Organizations (For each Category the vendor is submitting a response)

Tab 7 Vendor Name – MBE/WBE, BS, SDVE Exhibit D: Participation Commitment(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit E – Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

Tab 8 Vendor Name – E-Verify Exhibit E: Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit F - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions

Tab 9 Vendor Name – Debarment Certification Exhibit F:Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions(Microsoft Word .doc or Adobe Acrobat .pdf)

Exhibit G - Miscellaneous InformationTab 10 Vendor Name – Misc. Exhibit G: Miscellaneous Information

(Microsoft Word .doc or Adobe Acrobat .pdf)

Tab 11 Vendor Name - Additional Information Additional Information Provided by the Vendor

2.4 Proposal Evaluation:

2.4.1 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 and weighting of the evaluation criteria stated below:

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Evaluation Criteria Scoring for Each QVL Category Maximum Points

Experience of Organization 90

Method of Performance and Expertise of Personnel 100

MBE/WBE Participation 10

TOTAL 200

2.4.2 The vendor is advised that an evaluation committee and other subject-matter experts will 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) 40-1.050(7)(O) will apply to evaluators. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 CSR 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

2.4.3 Competitive Negotiation of Proposals: The vendor is advised that under the provisions of this RFP, the Division of Purchasing 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 Division of Purchasing reserves the right to limit negotiations to those proposals which received the highest rankings during the initial evaluation phase. All vendors involved in the negotiation process will be invited to submit a BAFO.

c. Terms, conditions, prices, methodology, or other features of the vendor’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, the vendor 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 Division of Purchasing determines that a change in such requirements is in the best interest of the State of Missouri.

2.5 Award Determination:

2.5.1 Multiple Awards – The State of Missouri shall establish three (3) Qualified Vendor Lists (QVL) as a result of this RFP.

a. QVL Category 1: A QVL shall be established for Mobile Application Assessment and Strategy Consulting Services consisting of no more than three (3) vendors whose services have been determined in the evaluation process to be considered the highest scored providers based on the evaluation criteria established herein..

b. QVL Category 2: A QVL shall be established for Mobile Application Development Services (internal agency use) consisting of no more than five (5) vendors whose services have been determined in the evaluation process to be considered the highest scored providers based on the evaluation criteria established herein..

c. QVL Category 3: A QVL shall be established for Mobile Application Development Services (external/public-facing or combination of internal and external use) consisting of no more than five

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(5) vendors whose services have been determined in the evaluation process to be considered the highest scored providers based on the evaluation criteria established herein..

2.5.2 State agency(ies) requests for mobile application consulting and development services within the categories identified above may only be placed with vendors that are on the applicable QVL.

2.5.3 The State of Missouri reserves the right to award a Project PAQ submitted by a vendor awarded a contract within the applicable category based upon the responses given for the PAQ scenarios within this RFP.

2.6 Evaluation of Experience of Organization:

2.6.1 The evaluation of the Experience of Organization shall be conducted independently for each Category for which the vendor is submitting a response. The evaluation of the Experience of Organization shall be subjective based on fact. Information provided by the vendor 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 vendor’s references, including references not listed or identified within the vendor’s proposal but who have current or previous experiences with the vendor.

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

2.7 Evaluation of Method of Performance and Expertise of Personnel:

2.7.1 The evaluation of the Method of Performance and Expertise of Personnel shall be conducted independently for each Category for which the vendor is submitting a response. The evaluation of the Method of Performance and Expertise of Personnel shall be subjective based on fact. Information provided by the vendor 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.

2.7.2 The Prices included in response to each PAQ Scenario (Categories 1, 2, or 3) will be reviewed as a portion of the Method of Performance to determine the financial feasibility of the vendor’s response as well as the vendor’s understanding of the requirements of each of the PAQ Scenarios.

2.8 Evaluation of Vendor's MBE/WBE Participation:

2.8.1 In order for the Division of Purchasing to meet the provisions of Executive Order 05-30, the vendor 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. MBE/WBE participation shall be evaluated independently for each category the vendor submits a response for.

a. These targets can be met by a qualified MBE/WBE vendor 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 vendor’s obligations outside of the contract, it shall not

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be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.

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.)

2.8.2 The vendor’s proposed participation of MBE/WBE firms in meeting the targets of the RFP for each evaluation category will be considered in the evaluation process as specified below:

a. If Participation Meets Target: Vendors 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: Vendors 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: Vendors 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: Vendors failing to propose any commercially useful MBE/WBE participation shall be assigned a score of 0 in this evaluation category.

2.8.3 MBE/WBE participation evaluation points shall be assigned using the following formula:

Vendor’s Proposed MBE % < 10% + WBE % < 5%State’s Target MBE % (10) + WBE % (5)

X

Maximum MBE/WBE Participation Evaluation points (10)

=

Assigned MBE/WBE Participation points

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

a. Participation Commitment - If the vendor is proposing MBE/WBE participation, the vendor 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 vendor submitting the proposal is a qualified MBE and/or WBE, the vendor must include the vendor in the appropriate table on the Participation Commitment form.

b. Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit D, Documentation of Intent to Participate form, signed and dated no earlier than the RFP issuance date by each MBE and WBE proposed or must provide a 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 Office of Equal Opportunity (OEO)). If the vendor submitting the proposal is a qualified MBE and/or WBE, the vendor is not required to complete Exhibit D, Documentation of Intent to Participate form, or provide a recently dated letter of intent.

RFPT30034601600891 Page 42

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

2.8.6 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, OA, OEO by the proposal opening date.

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.

2.8.7 Resources - A listing of several resources that are available to assist vendors 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 OEO at:

Office of Administration, Office of Equal Opportunity (OEO)Harry S Truman Bldg., Room 630, P.O. Box 809, Jefferson City, MO 65102-0809Phone: (877) 259-2963 or (573) 751-8130Fax: (573) 522-8078Website: http://www.oeo.mo.gov/

2.9 Preference for Organizations for the Blind and Sheltered Workshops/Service-Disabled Veteran Business Enterprises (SDVEs):

Organizations for the Blind and Sheltered Workshops

2.9.1 Pursuant to section 34.165, RSMo, and 1 CSR 40-1.050, a ten (10) bonus point preference shall be granted to vendors including products and/or services manufactured, produced or assembled by a qualified nonprofit organization for the blind established pursuant to 41 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. SDVE participation consideration will be given independently for each category the vendor submits a response for.

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 vendor must either be an organization for the blind or sheltered workshop or must be proposing to utilize an organization for the blind/sheltered workshop as a subcontractor and/or supplier in an amount that must equal the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million.

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 vendor’s obligations outside of the

http://www.oeo.mo.gov/

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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 vendor is proposing participation by an organization for the blind or sheltered workshop, in order to receive evaluation consideration for participation by the organization for the blind or sheltered workshop, the vendor must provide the following information with the proposal:

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

Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit 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 vendor submitting the proposal is an organization for the blind or sheltered workshop, the vendor is not required to complete Exhibit D, Documentation of Intent to Participate Form or provide a recently dated letter of intent.

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 and http://www.alphapointe.org

d. Commitment – If the vendor’s proposal is awarded, the organization for the blind or sheltered workshop participation committed to by the vendor on Exhibit D, Participation Commitment, shall be interpreted as a contractual requirement.

Service-Disabled Veteran Business Enterprises (SDVEs)

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

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 vendor must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value.

2) The services performed or the products provided by the SDVE must provide a commercially useful function related to the delivery of the contractually-required service/product in a manner

http://www.alphapointe.org/

http://www.lhbindustries.com/

http://dese.mo.gov/special-education/sheltered-workshops/directories

RFPT30034601600891 Page 44

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 vendor’s obligations outside of the contract, it shall not be considered a valid added value to the contract and shall not qualify as participation in accordance with this clause.

3) In order to receive evaluation consideration for participation by an SDVE, the vendor must provide the following information with the proposal:

Participation Commitment - The vendor must complete Exhibit D, Section C.1, Participation Commitment, by identifying each proposed SDVE, the committed percentage of participation for each SDVE, and the commercially useful products/services to be provided by the listed SDVE. If the vendor submitting the proposal is a qualified SDVE, the vendor must be listed in the appropriate table on the Participation Commitment Form.

Documentation of Intent to Participate – The vendor must either provide a properly completed Exhibit D, Section C.2, Documentation of Intent to Participate Form, signed and dated no earlier than the RFP 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 Division of Purchasing, the vendor 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 vendor submitting the proposal is a qualified SDVE, the vendor must include the SDV Documents as evidence that the vendor qualifies as an SDVE. However, the vendor is not required to complete Exhibit D, Section C.2, 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 vendor is not required to provide the SDV Documents listed above.

http://oa.mo.gov/purchasing/vendor-information/missouri-service-disabled-veteran-business-enterprise-sdve-information

b. Commitment – If awarded a contract, the SDVE participation committed to by the vendor on Exhibit C, Section C.1, 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 service- disabled veterans (SDVs) or, in the case of any publicly-owned business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more SDVs;



RFPT30034601600891 Page 45

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.

2.10 Miscellaneous Submittal Information:

2.10.1 Affidavit of Work Authorization and Documentation – These documents shall be applicable to all QVL Categories for which the vendor proposes to provide services. Pursuant to Section 285.530, RSMo, if the vendor meets the Section 285.525, RSMo, definition of a “business entity” (http://www.moga.mo.gov/mostatutes/stathtml/28500005301.html?&me=285.530), the vendor must affirm the vendor’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 vendor 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.

2.10.2 Debarment Certification: These documents shall be applicable to all QVL Categories for which the vendor proposes to provide services. The vendor certifies by signing the signature page of this original document and any amendment signature page(s) that the vendor 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 vendor should complete and return the certification regarding debarment, etc., Exhibit F with their proposal. This document must be satisfactorily completed prior to award of the contract.

2.10.3 Miscellaneous Information:

a. These documents shall be applicable to all QVL Categories for which the vendor proposes to provide services. In providing a response, the vendor 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. Vendors as Employees: Vendors 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 G with their proposal. This document must be satisfactorily completed prior to award of the contract.

2.10.4 Proposal Submittal Checklist – The following checklist is provided to assist the vendor in completing his/her proposal. The vendor is encouraged to utilize this checklist before submitting the proposal. It is the vendor’s sole responsibility to ensure that all mandatory requirements are met and that the vendor’s proposal includes all properly completed exhibits and are submitted with its proposal.

No.

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 evaluation criteria will at least result in minimal subjective consideration and may result in rejection of the vendor’s proposal.

Completed? (√)

http://www.sos.mo.gov/library/reference/orders/2004/eo04_009.asp

http://www.moga.mo.gov/mostatutes/stathtml/28500005301.html?&me=285.530

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1. Completed and signed all amendments (if applicable) and original RFP? (Mandatory that proposal includes signature of final RFP amendment cover page or in absence of any RFP amendments, the RFP cover page.)

2. Completed Exhibit A – Vendor QVL Category Scenario Submission Table?3. Completed Exhibit B – Experience of Organization for each QVL category a

response is being submitted?4. Completed Exhibit C – Method of Performance and Expertise of Personnel for

each category a response is being submitted?5. If applicable, completed Exhibit D – Participation Commitment for any M/WBE,

Organization for the Blind, Sheltered Workshop, and/or SDVE proposed for each category a response is being submitted?

6. If applicable, completed Exhibit D – Documentation of Intent to Participate, identifying each M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE proposed for each category a response is being submitted?

7. If applicable, clearly state M/WBE and/or SDVE participation % of the Actual Total Contract Value on Exhibit D for each category a response is being submitted?

8. If applicable, received authorized signature on Exhibit D from every M/WBE, Organization for the Blind, Sheltered Workshop, and/or SDVE committed to providing products/services under the RFP for each category a response is being submitted?

9. Completed and signed 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)?

10. Completed and signed Exhibit F – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions?

11. Completed Exhibit G – Miscellaneous Information12. If applicable, clearly marked, separated, and sealed proprietary or confidential

information?

If submitting hardcopy proposal, the vendor should include one electronic copy of proposal.

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 VENDOR’S PROPOSAL.

END OF SECTION FOUR: PROPOSAL SUBMISSION INFORMATION AND REQUIREMENTS

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EXHIBIT AVENDOR QVL CATEGORY SUBMISSION TABLE

Vendors may submit a proposal for one, some, or all of the three QVL categories of services identified below. The vendor should indicate with a “yes” or a “no” in the table below for which QVL category(ies) they are or are not submitting a response.

QVL Category 1: Mobile Application

Assessment and Strategy Consulting Services

QVL Category 2:Mobile Application

Development only for Internal use

QVL Category 3:Mobile Application Development

for external/public-facing or a combination of external and

internal use

Vendor Submitting a

Response?

Vendors responding to more than one category are encouraged to group all exhibits for Category 1 together, all exhibits for Category 2 together, and all exhibits for Category 3 together. Please note that Exhibits B and C are divided by each QVL category (1, 2, and 3). The vendor should submit their response for each exhibit to correspond to the QVL in which they are submitting a response (e.g. Exhibit B.1 is to be completed by vendors responding to Category 1; Exhibit B.2 is to be completed by vendors responding to Category 2, etc.).

Please note Exhibit D in the following pages is duplicated for each category

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EXHIBIT B.1 (QVL CATEGORY 1)EXPERIENCE OF ORGANIZATION

The evaluation of the vendor’s experience shall be subjective based on the ability of the vendor to perform the requirements stated herein. Therefore, the vendor should present detailed information regarding the organization’s experience. The following information should be provided by the vendor in order to assist the State of Missouri in evaluation of the vendor’s experience. The state reserves the right to use this information, including information gained from any other source, in the evaluation process.

B.1.1 EXPERIENCE AND RELIABILITY OF ORGANIZATION:

a. The vendor should describe any previous/current contract experiences of a similar nature and complexity in scope, responsibility, and technologies involved as what is described in this RFP. The vendor should indicate whether the vendor provides similar solutions to state governments.

b. The vendor should describe the specific mobile application assessment and strategy consultation services they propose to provide to State of Missouri agencies and any services they propose to subcontract, relative to the service categories delineated in Section 2 of the RFP. If vendor’s organization or any subcontractor’s organization provides more specific specialized services, the vendor should also include a brief explanation and description of such specialized areas.

c. Describe the nature of the vendor’s business, type of services performed, etc.

d. The vendor should provide any relevant information as it pertains to the vendor’s organization, as well as any proposed subcontractor’s, reliability, strength and stability in the business market especially the requested information specified below: 1) Parent company or corporate headquarters location; 2) Year company was established; and 3) Number of years the company has been in the information technology consulting services

business.

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

f. The vendor should describe any Software Engineering Institute (SEI) and/or International Standards Organization (ISO) certification the vendor’s organization and any proposed subcontractor has received.

g. The vendor should describe its organization and the organization of its proposed subcontractor’s organization(s) as it relates to the reliability and market strength/stability of the organization.

h. The vendor should describe any other companies and organizations that are strategic partners or alliances. Explain what benefit(s) the agency will receive from these alliances and/or partners as it relates to the provision of the required system and services described herein. Vendor should disclose any corporate affiliations regarding other service organization affiliations, etc.

i. The vendor should indicate whether there is currently and within the past twelve months any legal actions, suits, or proceedings, pending or threatened, against the vendor’s organization which could potentially impact the services required in the RFP. Explain any such circumstances. For any subcontractors proposed, the same information should be provided for each subcontractor’s organization.

RFPT30034601600891 Page 49

j. The vendor should indicate whether it has had contracts with other governmental and/or private entities that have been canceled prior to expiration or contracts not renewed after the initial contract period within the past five (5) years. Explain any such circumstances/reasons for the cancellation and/or non-renewal.

B.1.2 REFERENCES:

a. Private Sector and Public Governmental Entities (Including State of Missouri): The vendor should provide reference contact information (name, role in project, phone, and e-mail). Please verify correct e-mail address (prior to submitting) for the projects described pursuant to the above in order to allow the evaluators to verify the information. Utilizing the table below (or in a similar format), the vendor should provide at least three (3), but no more than six (6), different projects for public governmental entities of population of more than 500,000, including the State of Missouri (if the vendor does not have any public government experience that meets the criterial identified, then the vendor should identify private sector experience), that have taken place in the past four (4) years that demonstrates the vendor’s, as well as any proposed subcontractor’s, capabilities to perform two or more of the following types of services as they relate to mobile application design, development, and support: Project management of a large scale IT project values at $300,000 or more Business analysis involving multiple business units, workflow, and analysis of potential

alternative solutions (feasibility analysis) Systems analysis including impact on current system legacy systems and related systems

REVISED VIA ADDENDUM 02 (SOME TEXT DELETED) Security analysis including PII and other regulatory requirements; Agile project management; Mobile application strategy development including decision criteria and architecture selection Application architecture including use of Web APIs, third party services, and development

platform/language Application design including for external (public) and internal (State staff) usage User experience design including external / internal usage, and range of devices (phone, tablet,

etc. Application security design for external and internal usage; Application coding/programming; Application testing and user feedback facilitation;

o Multi-platforms, browsers, operating systemso Accessibilityo User experienceo Functionalityo Security

Application documentation and technical writing;

Please clearly indicate which references are for subcontractor(s). Please make sure the contact information, including the email addresses, are current, correct and available for reference contact.

The evaluator’s inability to contact a reference due to incorrect or inaccurate reference information or failure of the reference contact person to respond shall be considered an invalid reference.

REVISED VIA ADDENDUM 02TABLE: The vendor should limit the listing to no more than six (6) projects (copy and paste table for each project).

PROJECT FOR VENDOR OR PROPOSED SUBCONTRACTOR:

RFPT30034601600891 Page 50

Project Title:

Project Location (City/State):

Role of Vendor in Project: (Primary Contractor or Subcontractor)

Name of Public Sector Government Entity or Private Sector Company:Name of Public/Private Sector Project Manager/Sponsor:

Contact Information for Public/Private Sector Project Manager/Sponsor:

Telephone:Email:

Brief Description of Project (purpose/objectives of the project)

Brief Description of the specific type and extent of services provided by the vendor’s organizationBrief Description of Technologies utilized by the vendor in the project in their performance of their specific tasks for the project (i.e., technological infrastructure, programming languages utilized, software tools utilized in performance of work, etc.)

Number of Vendor’s Organization’s staff (exclude subcontractors or partners) that worked directly on the project tasks

Project start date

Project end date

Total Project Amount:


RFPT30034601600891 Page 51





k. The vendor should describe the specific mobile application development services they propose to provide to State of Missouri agencies and any services they propose to subcontract, relative to the service categories delineated in Section 2 of the RFP. If vendor’s organization or any subcontractor’s organization provides more specific specialized services, the vendor should also include a brief explanation and description of such specialized areas.

l. Describe the nature of the vendor’s business, type of services performed, etc.

m. The vendor should provide any relevant information as it pertains to the vendor’s organization, as well as any proposed subcontractor’s, reliability, strength and stability in the business market especially the requested information specified below: 1) Parent company or corporate headquarters location; 2) Year company was established; and 3) Number of years the company has been in the information technology consulting services

business.

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

o. The vendor should describe any Software Engineering Institute (SEI) and/or International Standards Organization (ISO) certification the vendor’s organization and any proposed subcontractor has received.

p. The vendor should describe its organization and the organization of its proposed subcontractor’s organization(s) as it relates to the reliability and market strength/stability of the organization.

q. The vendor should describe any other companies and organizations that are strategic partners or alliances. Explain what benefit(s) the agency will receive from these alliances and/or partners as it relates to the provision of the required system and services described herein. Vendor should disclose any corporate affiliations regarding other service organization affiliations, etc.

r. The vendor should indicate whether there is currently and within the past twelve months any legal actions, suits, or proceedings, pending or threatened, against the vendor’s organization which could potentially impact the services required in the RFP. Explain any such circumstances. For any subcontractors proposed, the same information should be provided for each subcontractor’s organization.

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s. The vendor should indicate whether it has had contracts with other governmental and/or private entities that have been canceled prior to expiration or contracts not renewed after the initial contract period within the past five (5) years. Explain any such circumstances/reasons for the cancellation and/or non-renewal.

B.2.2 REFERENCES:



REVISED VIA ADDENDUM 02 Security analysis including PII, and other regulatory requirements; Agile project management; Mobile application strategy development including decision criteria and architecture selection Application architecture including use of Web APIs, third party services, and development









RFPT30034601600891 Page 53

Project Title:





Telephone:Email:




Project start date

Project end date



RFPT30034601600891 Page 54





t. The vendor should describe the specific mobile application development services they propose to provide to State of Missouri agencies and any services they propose to subcontract, relative to the service categories delineated in Section 2 of the RFP. If vendor’s organization or any subcontractor’s organization provides more specific specialized services, the vendor should also include a brief explanation and description of such specialized areas.

u. Describe the nature of the vendor’s business, type of services performed, etc.

v. The vendor should provide any relevant information as it pertains to the vendor’s organization, as well as any proposed subcontractor’s, reliability, strength and stability in the business market especially the requested information specified below: 1) Parent company or corporate headquarters location; 2) Year company was established; and 3) Number of years the company has been in the information technology consulting services

business.

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

x. The vendor should describe any Software Engineering Institute (SEI) and/or International Standards Organization (ISO) certification the vendor’s organization and any proposed subcontractor has received.

y. The vendor should describe its organization and the organization of its proposed subcontractor’s(s’) organization(s) as it relates to the reliability and market strength/stability of the organization.

z. The vendor should describe any other companies and organizations that are strategic partners or alliances. Explain what benefit(s) the agency will receive from these alliances and/or partners as it relates to the provision of the required system and services described herein. Vendor should disclose any corporate affiliations regarding other service organization affiliations, etc.

aa. The vendor should indicate whether there is currently and within the past twelve months any legal actions, suits, or proceedings, pending or threatened, against the vendor’s organization which could potentially impact the services required in the RFP. Explain any such circumstances. For any subcontractors proposed, the same information should be provided for each subcontractor’s organization.

RFPT30034601600891 Page 55

bb. The vendor should indicate whether it has had contracts with other governmental and/or private entities that have been canceled prior to expiration or contracts not renewed after the initial contract period within the past five (5) years. Explain any such circumstances/reasons for the cancellation and/or non-renewal.

B.3.2 REFERENCES:



REVISED VIA ADDENDUM 02 Security analysis including PII, and other regulatory requirements; Agile project management; Mobile application strategy development including decision criteria and architecture selection Application architecture including use of Web APIs, third party services, and development









RFPT30034601600891 Page 56

Project Title:





Telephone:Email:




Project start date

Project end date



RFPT30034601600891 Page 57

EXHIBIT C.1 (QVL CATEGORY 1)METHOD OF PERFORMANCE AND EXPERTISE OF PERSONNEL

Vendors submitting a proposal for assessment and strategy for mobile applications should include a response to this exhibit.

The evaluation of the vendor’s proposed method of performance and expertise of personnel shall be subjective based on the requirements stated herein. Therefore, the vendor should present detailed information regarding the proposed method of performance and expertise of personnel. The state reserves the right to use this information, including information gained from any other source, in the evaluation process.

It is the vendor's responsibility to make sure all aspects of their proposed method of performance and expertise of personnel are adequately described. It should not be assumed that the evaluator has specific knowledge of the method of performance and expertise of personnel proposed; however, the evaluator does have sufficient technical background to conduct an evaluation when presented complete information.

The vendor should present a written plan for performing the requirements specified in this Request for Proposal. In presenting such information, the vendor should specifically address each of the following issues:

C.1.1 METHOD OF PERFORMANCE:

a. The vendor should describe their proposed interview and assessment process, including the type and number of sessions per agency / department expected to the conducted, the recommended State of Missouri staff to attend (based on description of the staff’s duties), and the recommended duration of each session.

cc. The vendor should describe the recommended participation by agency staff in the assessment and evaluation process to assure the agencies are knowledgeable in the process of conducting subsequent assessments and producing recommendations by utilizing the delivered mobile assessment methodology described in this RFP.

dd. The vendor should fully describe the methodologies employed to ensure continuous optimal quality of service, regardless of location of the consultant or whether the consultant is from a subcontractor. Describe your problem escalation procedures, guarantees to the state for continual good quality and resolution procedures for poor performance. The vendor should describe how they propose to resolve the following issues: 1) failure to provide deliverables on time; 2) deliverables are of unacceptable quality, and 3) scope creep.

ee. The vendor should describe the capability and methodology the vendor proposes to utilize to fill future specialized IT requests in terms of personnel resources from both the vendor and their proposed subcontractors.

ff. The vendor should describe the on-boarding process used by the vendor to assemble, orient and prepare a project team once a PAQ has been awarded and work has been authorized to proceed.

REVISED VIA ADDENDUM 02 f. The vendor should describe the documentation that will be produced throughout a project. The

vendor should identify which of the Personnel Job Classifications identified in Exhibit C will provide each of the types of documentation throughout the project (i.e. project management plan will be produced by the Project Manager).

RFPT30034601600891 Page 58

gg. The vendor, if proposing the utilization of subcontractor(s), should describe their methodology approach to managing subcontractor(s) staff during a project. This description should include the following information:

1) The screening process used to obtain qualified subcontractor staff for a project; 2) The communication process utilized between primary contractor and subcontractor staff; 3) A description of how does the primary contractor audit subcontractor’s work to make sure that

it is up to standards/meet project requirements; 4) Methods used to ensure subcontractors provide timely delivery of their assigned work

obligations; 5) Issue resolution used for nonperformance by a subcontractor – what will be done to ensure the

State is not affected by such nonperformance; 6) Description of how the primary contractor will act/respond as a single point of contact for

project issues regardless of whether it stems from contractor’s staff or subcontractor’s staff.

hh. The vendor should define the approach and techniques they propose to apply for managing and controlling agency projects. Specifically, the vendor should address:

1) scope control mechanisms; 2) project tracking and reporting the progress of the project; 3) strategies for staying on track with the project schedule and ensuring agreed upon deadlines are

met; 4) deliverable completion reporting/acceptance sign off procedures (if state agency standard

procedures are not utilized); 5) monitoring and managing risk and issue resolution; 6) quality assurance procedures and how often or when QA is performed during a project; 7) staff performance monitoring; 8) project staff transition or replacement; 9) plan for managing change control, and\measures taken to insure security and confidentiality of

all data.

C.1.2 PAQ REQUEST SCENARIO #1:

The below (attached PAQ Scenario for QVL Category 1) PAQ Request Scenario is a significantly similar to a PAQ that may be performed under the contract with some adjustments made to either alter the technologies involved or changes made to the deliverables listed. Thereby, the state’s evaluation team will have a relatively good idea of what the anticipated costs should be in order to fulfill these particular PAQs in order to determine if the vendor’s PAQ response is reasonable.

The vendor should present a written narrative, which demonstrates the method or manner in which the vendor proposes to respond to this PAQ Request. The vendor may respond with a “No Bid” to any of the PAQ request scenarios; however, the vendor should provide information explaining why your organization would respond with a “No Bid” if presented a similar PAQ Request if awarded a contract. The vendor should refer to RFP Section 2 pertaining to the PAQ requirements to ensure the minimum response information is provided.

PLEASE NOTE: If the vendor is unsure or thinks the scope of work tasks are too vague, then the vendor should respond to the PAQ Scenario listing what their assumptions are in deriving the PAQ Response. If the PAQ Request does not ask for the service (for example testing services) then do not include it as part of the firm, fixed costs. The vendor may as part of your PAQ Scenario response suggest such additional services if that is your recommendation for your solution approach and list such services as “additional services” costs. Unless such services are specifically asked for in the PAQ Request, then do not include additional services in the firm, fixed PAQ Cost Response.

For each of the PAQ Request scenarios, for evaluation purposes only, the vendor is requested to itemize and explain how they derived the total firm, fixed PAQ cost (i.e., delineate out the number of personnel,

RFPT30034601600891 Page 59

types of personnel, and the per hour rates for those personnel as well as the number of hours estimated to be performed by each type of personnel and any other costs like travel expenses were included in deriving the total firm, fixed PAQ cost). The vendor should describe the organization’s cost estimating methodology.

The evaluation team is particularly interested in the following information/methodology provided in the PAQ Responses:

Project Overview Resources Approach/Methodology to fulfilling the PAQ work request Cost Response

If the vendor is unable to respond to the PAQ in its entirety, then the vendor should indicate the specific aspects of the PAQ the vendor is addressing in their response to the PAQ Scenario. If the vendor is unable to respond to the PAQ in its entirety, then the vendor should explain why they are unable to respond to the aspects of the PAQ that are not addressed in the response to the PAQ Scenario. The vendor should indicate below which aspects of the PAQ they will address in each of the PAQ Scenarios.

Service Type PAQ Scenario 1Project Management/Project OversightArchitectureBusiness AnalysisDevelopment SolutionsData ManagementSecurity, Privacy and AccessibilityMobile Application Development

Geographic Information Solutions (GIS)

If applicable, the vendor should indicate below why they are not able to address the specific aspects the PAQ Scenario identified above.

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Project Assessment QuotationQVL CATEGORY 1

PAQ INFORMATION

Contract No.: N/A PAQ No: Mobile RFP - PAQ Scenario #1

PAQ Title: Mobile RFP - PAQ Scenario #1 Total PAQ Amount:

State Agency: OA-ITSD State Agency Address:

ITSD Project Manager: Phone: Email:

State Agency Project Manager: Phone: Email:

Contractor Point of Contact: Phone: Email:

Contractor Company Name: Phone: FAX:Contractor Address: List / Description of Attachments:

This Project Assessment Quotation (PAQ) is pursuant to Mobile Application Consulting and Development statewide contract. The contractor agrees and understands that the terms and conditions specified in the Mobile Application Consulting and Development statewide contract apply to this PAQ, except where a term or condition in this PAQ is more restrictive than that in the Mobile Application Consulting and Development statewide contract in which case the PAQ term will govern. If under this contract you committed to use a MBE and/or WBE, please state if you intend to use a MBE and/or WBE for this PAQ. [Yes, No or N/A] If your response was “Yes,” please complete the information below for each MBE and/or WBE you propose for this PAQ (add lines as necessary):

MBE/WBE Name: Type: [MBE, WBE or Both]

Percentage or Dollar Amount of work that MBE/WBE will perform for this PAQ:

MBE/WBE Address: Specific work that MBE/WBE will perform, noting the PAQ provisions related to such work:

APPROVALS REQUIRED TO PROCEED DATE

Contractor:

CIO Office:

Other (If Needed):

PROJECT REQUIREMENTSPROJECT GOALS AND OBJECTIVES:(Section should include an Introduction/Overview, Background, Objectives, Requirements/Tasks, and Security Requirements)

The Information Technology Services Division of the Office of Administration (OA-ITSD) is developing a set of strategy, identification, evaluation, and design guidance documents and/or standards to assist OA-ITSD and its partner agencies in the development and management of mobile friendly applications.

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For the purposes of this PAQ a mobile friendly application may be a mobile application that is directly installed on a mobile device or a web application specifically designed to be used by the web browser of the mobile device and using responsive design techniques through use of HTML and Bootstrap JavaScript libraries.

For the purpose of this PAQ mobile devices are defined primarily as phones and tablets running Apple IOS and Android operating system, but may also include Windows Phone devices.

OA-ITSD recognizes that the increased availability of mobile devices and mobile connectivity services has changed how the public, state staff, and other Federal, State, and Local government entities can and will interact with State of Missouri digital information and services. OA-ITSD also recognizes the need to establish governance and best practices concerning mobile friendly application development in order to efficiently and effectively leverage the potential application of mobile devices and mobile connectivity for the benefit of the citizens of the State. Goals

Increased citizen self-service by delivering services through the digital channels most used by citizens. Increased efficiency and effective of services delivered by State of Missouri staff by appropriately leveraging

mobile devices and traditional workstations based on the service requirements. Streamlined identification and evaluation of potential mobile friendly applications and content. Efficient use of financial and personnel resources in the delivery and support of mobile friendly applications

through use a consistent set of design and development methodologies and strategies.

Requirements

The contractor shall develop a structured methodology that, when used to interview a selected State agency, will assist in identifying, analyzing, and evaluating existing or new applications or information content that have high potential benefits to the citizens and/or staff of the State of Missouri if delivered through a mobile friendly application. The questions and guidance incorporated in the methodology shall be designed for use in interviewing multiple disparate agencies. The analysis and evaluation portions of the methodology should include, but is not limited to the following areas:

Delivery model - e.g., responsive web site/application design, platform specific mobile application(s), dedicated mobile web sites, traditional web sites, web APIs, etc. or a combination of delivery models

Audience(s) served - e.g., private citizen, business, state employee, contracted agency, local, state, and federal agencies, etc.

Interaction type - e.g., read only information search/display, information collection/form submittal completion, fee collection or other financial transaction, etc.

Value add category - e.g., convenience, time/cost reduction, health, wellness, safety, etc. Information Security and Sensitivity – e.g., Personal Identifiable Information, HIPPA protected, Federal Tax

Information, Criminal Justice Information, Personal Financial, etc. Development and Support Costs - e.g., estimated development costs, support costs, agency staffing costs,

application and platform obsolescence cost, etc. Connectivity Issues – e.g., online/offline usage, data synchronization, etc.

The contractor shall interview two(2) selected State agencies utilizing the structured methodology and produce a formal report of the key findings of the interview, analysis, and evaluation with recommendations and rational for the recommendation. The contractor shall make provision for the inclusion of up to two (2) OA-ITSD personnel for training and evaluation of the methodology.

The contractor shall review the current mobile application development environment at OA-ITSD and provide recommendations for organizational structure, tools, software, staffing levels, staff training, development lifecycle, project management etc. to optimize the State of Missouri’s mobile application development position. The analysis and recommendations must be put into the context of the currently available resources including personnel, budget, staff skills, etc. Interviews with OA-ITSD management, project managers, and subject matter experts must be conducted as part of the evaluation. The recommendation must include a road map of projects and policies for integration the recommendations into OA-ITSD and OA-ITSD’s customer agencies. The recommendations shall include, but are not limited to, the following sections:

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Development Platform(s) Source Code Management Inclusion of Third Party Tools Authentication and Authorization Standards Securing Data on Device Application Architecture Mobile Testing Methodology and Testing Tools

The contractor shall develop recommendations and implementation plans for key performance indicators (KPIs) that will assist the State of Missouri in determining how effective a mobile friendly application is servicing the targeted customers whether the application is a downloaded mobile application or responsive design web application.

The Contractor shall perform all project management duties including but not limited to: Publication and update of the Project Plan and detailed Work Breakdown Structure. Publication and update of the Stakeholder list. Publication and update of the Project Team Members list. Tracking and reporting status of all deliverables. Providing weekly project status reports to the OA-ITSD project manager. Publication and correction of Meeting Agendas and Meeting Minutes Publication and maintenance of the projects current Risk status and issues. Change Request Process and Log. Deliverable Approval Process and Tracking Communication Plan

PROJECT APPROACH AND SCOPE OF WORK:The Contractor’s PAQ Response must include:

Project overview Approach / Methodology overview Communication plan Project time line General descriptions based on job duties of the State staff suggested to participate in the project and interviews

with estimate of time commitment for the project A detailed description of each deliverable and a firm fixed price associated with each deliverable A detailed project plan showing the expected delivery date of each deliverable, detailed tasks required to

complete the deliverable, contractor staff and time assigned to complete the detailed tasks, State staff and time participating in the detailed task

The contractor will NOT be provided any work/office space in any State facility as part of this project.Contractor staff members are not expected to be on site except for scheduled meetings, interviews, consultations, etc. OA-ITSD will provide meeting rooms to conduct meetings, interviews, and discussions as needed.Contractors may be expected to meet in individual staff offices where suitable for the purpose of the task/activity.

LIST OF DELIVERABLES:(Based on Requirements in PROJECT GOALS AND OBJECTIVES above)

1. Project Plan Deliverable List State Staff Requirements Contractor Staff Information

2. Structured Methodology for Analysis of Agency Application System for Mobile Friendly Application Development

3. Application of Structured Methodology for

DELIVERABLE ACCEPTANCE CRITERIA:

(Describe any acceptance criteria for deliverables)1. Project plan and supporting documentation approved

by OA/ITSD Project Manager. Approval required at start and close of Project.

2. Structured Methodology Documentation and Guidance approved by OA/ITSD Project Manager

3. Structured Methodology Analysis Recommendation

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Analysis For Department of Social Services

4. Application of Structured Methodology for Analysis For Department of Agriculture

5. Review and Recommendation of current mobile application development environment

6. Recommendation and Implementation plan for Key Performance Indicators for mobile applications

Documentation approved by Agency Representative and OA/ITSD Project Manager.

4. Structured Methodology Analysis Recommendation

Documentation approved by Agency Representative and OA/ITSD Project Manager.

5. Review and Recommendation Documentation approved by OA/ITSD Project Manager.

6. Recommendation and Implementation Documentation approved by OA/ITSD Project Manager.

AGENCY TASKS and/or ITSD RESPONSIBILITIES:OA-ITSD shall coordinate meeting rooms as need to for interviews.

Project Estimated Start Date: Project Estimated End Date:

PAYMENT MILESTONESMilestones must contain all deliverables referenced in the Deliverables Section and must be concrete, measurable, and be able to be tested and verified before the State will approve payment. Milestone prices must be firm and fixed, and without reference to time spent.

Payment Milestones (Comprised of Deliverables)

Mandatory Deadline

(if applicable)If deadline, give reason.

Dollar Portion of the Total Price applicable to Stated Milestone

1. $

2. $

3. $

4. $

5. $

6. $

7. $

TOTAL: $

CONTRACTING STAFF PRICE CALCULATIONSThe chart below shows how the contractor calculated the price of providing the deliverables. The chart references hours but does not mean that the contractor will be paid by the hour; the contractor will be paid the firm, fixed price of each deliverable that the contractor actually provides and that the State approves and accepts using the method set forth in the acceptance criteria and accepted by the State.

Consultant Classification Title

On-Site Non-Local Per Hour Rates to Include

On-Site Non-Local Consultant

Total Project

On-Site/Off-Site

Consultant Per Hour

Rates

On-Site/Off-Site

Consultant (No Travel

Expense

Total

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Travel Expenses Hours

(No Travel Expense Allowed)

Allowed)Total Project

Hours$ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $

Total: $

C.1.3 EXPERTISE OF PERSONNEL:

a. The vendor should provide the requested information pertaining to the qualifications of personnel proposed by the vendor for the job consulting classifications listed in the Skills Tables below. Each column of information pertains to the vendor’s (or proposed subcontractor’s) proposed staff personnel, which must be staff personnel currently on the vendor’s (or proposed subcontractor’s) payroll.

The vendor should indicate the total number of personnel the vendor and each of their proposed subcontractors will have available to perform one or more of the job classifications identified below.

Vendor Subcontractor (Identify Name)

Job Classification Add additional columns for each additional subcontractors proposed

The vendor should indicate the total number of personnel that are defined as having an “Expert”, “Senior”, and “Junior” experience level pursuant to the classifications identified below. The vendor should only count each individual once in a field in this table.

Expert Senior JuniorNumber of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via Subcontractor

The vendor should define in the tables below the minimum qualifications for the various levels of experience such as Expert, Senior, and Junior experience levels, etc. that must be held by personnel that will be proposed for future PAQs. This definition should include the minimum education level, minimum number of years of experience in the particular job classification, and any certifications/training requirements. The vendor must describe the capability and methodology in filling future specialized IT requests in terms of personnel resources from both inside and outside the vendor’s organization.

CATEGORY 1 SKILLS TABLES:

Personnel Job Classification Description:

Project Manager: A person who is trained in a methodical approach to planning and guiding project processes from start to finish and has experience managing large-scale projects.

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Experience Level Expert Senior Junior

Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements


Project Coordinator: A person who is trained in a methodical approach to planning and guiding project processes from start to finish, has experience managing small projects, and sometimes serves as an assistant to a Project Manager




Business Analyst: A person who analyzes the operations of a department or functional unit with the purpose of developing a solution to the problem that may or may not require automation. A liaison among stakeholders in order to understand the structure, policies, and operations of an organization, and to recommend solutions that enable the organization to achieve its goals.


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Systems Integration Analyst/Engineer: A person who integrates and/or interfaces disparate computer systems, designs the architecture to support systems integration, establishes the standards for exchange of data between systems, and manages the development of system integrations.




Privacy and Security Analyst: A person who is responsible for the protection of data against unauthorized access, which involves knowledge of cryptography, Intrusion detection/Incident Handling, Business Continuity, Risk Reviews, Computer Operations Security, and Privacy issues such as HIPAA compliance.


Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)

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Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements


Rules Engine Specialist: A person who is responsible for harvesting rules from rules engines, translating business and technical requirements or code into rules, creating and modifying rules, creating and executing test cases for new and modified rules, documenting rule changes, and evaluating rules engine solutions.

Experience Level Expert Senior JuniorMinimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements

REVISED VIA ADDENDUM 02 (SOME TEXT DELETED)

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Software Application/Data Architect: A person who is responsible for ensuring the suite of applications being used by an organization to create the composite application is scalable, reliable, available and manageable. Also responsible for choosing a standard way of pursuing application development, creating/defining the application framework, recognizing potential reuse in the organization or in the application by understanding the broader system environment. This involves defining the interaction between application packages, databases, and middleware systems in terms of functional coverage. This helps identify any integration problems or gaps in functional coverage. The architecture should cover databases, data integration and the means to get to the data.



REVISED VIA ADDENDUM 02


Subject Matter Expert: A person who is an expert – both knowledgeable and experienced - in the areas of mobile application strategy and assessment. The SME will be knowledgeable of applicable mobile application laws and regulations; provide guidance in the definition of business requirements and the design of mobile application solutions; provide guidance for the definition of a vision and strategic direction; educate project teams on best practices; lead teams and workgroups towards completion of project tasks; build and maintain relationships with project stakeholders and teams; and/or develop and review documentation as required to meet the requirements of the PAQ.


Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:

RFPT30034601600891 Page 69

Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements



Independent Verification and Validation: A person who is an expert in monitoring and evaluating the management and execution of IT projects from inception to finish




Business Process Engineer: A person who is an expert in the design/redesign of business workflows to support effective integration of business systems within work processes and the identification of opportunities for efficiencies gained from automation and/or business process reengineering.

Experience Level Expert Senior JuniorMinimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by Vendor

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Number of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements

The state reserves the right to review the resumes submitted in the vendor’s response to Exhibit C as consideration to the vendor’s proposed personnel.

C.1.4 Staff Training Information:

REVISED VIA ADDENDUM 02The vendor should describe the organization’s, as well as any proposed subcontractor’s, training policies and requirements for their consulting staff to ensure on-going training of staff in new or different technologies. This description should include:

Minimum required number of hours of training per year Any requirements for certification Organizational policies that encourage on-going training to include indication of what training

options the organization offers to consultants and whether there are any incentives for on-going training in the organization

Guaranteed minimum educational requirements to be hired by the organization Any other information that demonstrates the expertise of personnel


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EXHIBIT C.2 (CATEGORY 2)METHOD OF PERFORMANCE AND EXPERTISE OF PERSONNEL

Vendors submitting a proposal for development of mobile applications for internal use should include a response to this exhibit.





a. The vendor should fully describe the methodologies employed to ensure continuous optimal quality of service, regardless of location of the consultant or whether the consultant is from a subcontractor. Describe your problem escalation procedures, guarantees to the state for continual good quality and resolution procedures for poor performance. The vendor should describe how they propose to resolve the following issues: 10) failure to provide deliverables on time; 11) deliverables are of unacceptable quality, and 12) scope creep.

ii. The vendor should describe the capability and methodology the vendor proposes to utilize to fill future specialized IT requests in terms of personnel resources from both the vendor and their proposed subcontractors.

jj. The vendor should describe the on-boarding process used by the vendor to assemble, orient and prepare a project team once a PAQ has been awarded and work has been authorized to proceed.

REVISED VIA ADDENDUM 02 d. The vendor should describe the documentation that will be produced throughout a project. The


kk. The vendor, if proposing the utilization of subcontractor(s), should describe their methodology approach to managing subcontractor(s) staff during a project. This description should include the following information:



obligations;

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5) Issue resolution used for nonperformance by a subcontractor – what will be done to ensure the State is not affected by such nonperformance;

6) Description of how the primary contractor will act/respond as a single point of contact for project issues regardless of whether it stems from contractor’s staff or subcontractor’s staff.

ll. The vendor should define the approach and techniques they propose to apply for managing and controlling agency projects. Specifically, the vendor should address:




all data.


The below PAQ Request Scenario is a significantly similar to a PAQ that may be performed under the contract with some adjustments made to either alter the technologies involved or changes made to the deliverables listed. Thereby, the state’s evaluation team will have a relatively good idea of what the anticipated costs should be in order to fulfill these particular PAQs in order to determine if the vendor’s PAQ response is reasonable.



For each of the PAQ Request scenarios, for evaluation purposes only, the vendor is requested to itemize and explain how they derived the total firm, fixed PAQ cost (i.e., delineate out the number of personnel, types of personnel, and the per hour rates for those personnel as well as the number of hours estimated to be performed by each type of personnel and any other costs like travel expenses were included in deriving the total firm, fixed PAQ cost). The vendor should describe the organization’s cost estimating methodology.


Project Overview Resources Approach/Methodology to fulfilling the PAQ work request

RFPT30034601600891 Page 73

Cost Response




If applicable the vendor should indicate below why they are not able to address the specific aspects the PAQ Scenario identified above.

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Project Assessment QuotationQVL CATEGORY 2

PAQ INFORMATION













Contractor:

CIO Office:

Other (If Needed):


The Information Technology Services Division of the Office of Administration (OA-ITSD) is seeking to develop a demonstration mobile application project that will allow state employees to access and update equipment inventory records using a mobile application.

The OA-ITSD and other agencies have significant amount of equipment and furnishing that are tracked based on barcode

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tags attached to the equipment. The desired mobile application would allow authorized State personnel to utilize State issued tablets and smart phones to perform a variety of desirable inventory functions.

Requirements

The application must operate on Apple IOS based tablets.

The application must not operate using only the camera(s) in the tablet and require no additional equipment.

The application should have an inventory information mode that allows the user to scan a barcode and have the current inventory information about the equipment displayed on the device.

The application should have an inventory collection mode that allows the user to enter a valid inventory location code and scan multiple equipment barcodes without having to enter another inventory location code. The device should also collect GPS based location information in this mode if the GPS location is available. A warning should be given if the GPS location is not available.

The application should be able to operate where there is no network connectivity and be able to upload collected data at a later time.

The upload should have the ability recognize when network connectivity is available and attempt to transfer any information not already transferred. This ability should be able to be turned off for area were network connectivity in intermittent and would interfere with the proper transfer of the information.

The transfer of inventory information should not interfere with the continued use of the device.

The application should warn the user if the device is running low on memory to perform inventory collection.

A set of companion applications and or web services for loading the inventory information to a Microsoft SQL database must be delivered as part of the project.

The mobile application, web services, and related interfaces must be secured in a manner such that only authorized individuals may access the system.

The application security must be based on the Microsoft Active Directory user ID and password of the individual using the device.

PROJECT APPROACH AND SCOPE OF WORK:The Contractor’s PAQ Response must include:

Project overview Approach / Methodology overview Communication plan Project time line A detailed description of each deliverable as designed by the contractor and a firm fixed price associated with

each deliverable A detailed project plan showing the expected delivery date of each deliverable, detailed tasks required to

complete the deliverable, contractor staff and time assigned to complete the detailed tasks, State staff and time participating in the detailed task

The contractor will NOT be provided any work/office space in any State facility as part of this project.

Contractor staff members are not expected to be on site except for scheduled meetings, interviews, consultations, etc.

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OA-ITSD will provide meeting rooms to conduct meetings, interviews, and discussions as needed.

Contractors may be expected to meet in individual staff offices where suitable for the purpose of the task/activity.


1. Project Plan Deliverable List State Staff Requirements Contractor Staff Information Detailed timeline and work breakdown structure Test Plan

2. Mobile application

3. Web service or companion web application used to transfer inventory to SQL Server Database.

4. SQL Server Database to store inventory data.

5. System Manual.


(Describe any acceptance criteria for deliverables)1. Project plan and supporting documentation

approved by OA/ITSD Project Manager. Approval required at start and close of Project.

2. Approved by OA/ITSD Project Manager




AGENCY TASKS and/or ITSD RESPONSIBILITIES:OA-ITSD shall coordinate meeting rooms as need to for interviews.




Mandatory Deadline



1. $

2. $

3. $

4. $

5. $

6. $

7. $

TOTAL: $

RFPT30034601600891 Page 77



On-Site Non-Local Per Hour Rates to Include Travel

Expenses


Total Project Hours

On-Site/Off-Site

Consultant Per Hour

Rates (No Travel

Expense Allowed)

On-Site/Off-Site


Expense Allowed)

Total Project Hours

Total

$ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $

Total: $










RFPT30034601600891 Page 78











RFPT30034601600891 Page 79










Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)

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Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements




REVISED VIA ADDNEDUM 02 (SOME TEXT DELETED)

RFPT30034601600891 Page 81










RFPT30034601600891 Page 82









Experience Level Expert Senior JuniorMinimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by Vendor

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Number of Personnel in this Job Classification Available via SubcontractorCapability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements

The state reserves the right to review the resumes submitted in the vendor’s response to Exhibit C as consideration to the vendor’s proposed personnel.







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EXHIBIT C.3 (CATEGORY 3)METHOD OF PERFORMANCE AND EXPERTISE OF PERSONNEL

Vendors submitting a proposal for development of mobile applications for external/public-facing use or a combination of internal and external/public-facing use should include a response to this exhibit.





a. The vendor should fully describe the methodologies employed to ensure continuous optimal quality of service, regardless of location of the consultant or whether the consultant is from a subcontractor. Describe your problem escalation procedures, guarantees to the state for continual good quality and resolution procedures for poor performance. The vendor should describe how they propose to resolve the following issues: 10) failure to provide deliverables on time; 11) deliverables are of unacceptable quality, and 12) scope creep.

mm. The vendor should describe the capability and methodology the vendor proposes to utilize to fill future specialized IT requests in terms of personnel resources from both the vendor and their proposed subcontractors.

nn. The vendor should describe the on-boarding process used by the vendor to assemble, orient and prepare a project team once a PAQ has been awarded and work has been authorized to proceed.

REVISED VIA ADDENDUM 02 d. The vendor should describe the documentation that will be produced throughout a project. The


oo. The vendor, if proposing the utilization of subcontractor(s), should describe their methodology approach to managing subcontractor(s) staff during a project. This description should include the following information:



obligations;

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5) Issue resolution used for nonperformance by a subcontractor – what will be done to ensure the State is not affected by such nonperformance;

6) Description of how the primary contractor will act/respond as a single point of contact for project issues regardless of whether it stems from contractor’s staff or subcontractor’s staff.

pp. The vendor should define the approach and techniques they propose to apply for managing and controlling agency projects. Specifically, the vendor should address:




all data.


The below PAQ Request Scenario is a significantly similar to a PAQ that may be performed under the contract with some adjustments made to either alter the technologies involved or changes made to the deliverables listed. Thereby, the state’s evaluation team will have a relatively good idea of what the anticipated costs should be in order to fulfill these particular PAQs in order to determine if the vendor’s PAQ response is reasonable.



For each of the PAQ Request scenarios, for evaluation purposes only, the vendor is requested to itemize and explain how they derived the total firm, fixed PAQ cost (i.e., delineate out the number of personnel, types of personnel, and the per hour rates for those personnel as well as the number of hours estimated to be performed by each type of personnel and any other costs like travel expenses were included in deriving the total firm, fixed PAQ cost). The vendor should describe the organization’s cost estimating methodology.


Project Overview Resources Approach/Methodology to fulfilling the PAQ work request

RFPT30034601600891 Page 86

Cost Response




If applicable the vendor should indicate below why they are not able to address the specific aspects the PAQ Scenario identified above.

RFPT30034601600891 Page 87

Project Assessment QuotationCATEGORY 3

PAQ INFORMATION













Contractor:

CIO Office:

Other (If Needed):


The Information Technology Services Division of the Office of Administration (OA-ITSD) is seeking to develop a demonstration mobile application project to be used provide audio for self-guided tours of selected state landmarks. The project will use low power Bluetooth beacons installed in locations throughout the landmark such as near statues, paintings, balconies, room entrances, etc. to “signal” the mobile application where the user is currently located or the

RFPT30034601600891 Page 88

object the user is currently viewing.When a beacon is detected, the application will use the beacon information to stream audio, send text, and/or send images to the device that provides further information about the location of the user or object the user is viewing. The information sent may contain the history, cultural significance, instructions, directions, etc. about the location or object associated with the beacon.

OA-ITSD is seeking to develop a companion web application that will serve as the administration module to the mobile application. The web application will be used to retrieve audio files, text, and/or images and associate a specific beacon so that the mobile application requires less maintenance.

Goals Allow visitors to explore state landmarks at their own pace Allow visitors to select the areas of interest and the amount of information they receive Reduce the need to print brochures Allow information to be kept current while minimizing staff time Reduce time period from revision of information to availability

Requirements

The contractor shall build a mobile application compatible with the current and previous two (2) releases of the Apple IOS and Android operating system for tablets and smart phones.

The mobile application must be capable of retrieving audio files, text, and/or images associated to a specific beacon.

The mobile application must be based, to the extent possible, on a single code base for the target mobile devices.

The mobile application must provide a minimum of ten locations.

The mobile application must be capable of notifying the user of a point of interest either by sound, vibration or screen notification when the user first comes within a given distance of the point of interest.

The mobile application must allow the user to choose to listen and/or view the information about a point of interest, or dismiss the notice.

The mobile application must handle multiple points of interest on the selection menu.

The mobile application must provide an overview page that displays the highlights of the self-guided tour.

The mobile application must provide a navigation assistance page for the user to show their current location (based on the beacon they are near) and where the other related beacons for this self-guided tour are located.

The mobile application must include a page to that provides additional useful information about the landmark such as restroom location, guided tour information, or how to connect to the public Wi-Fi if provided at the landmark location.

The contractor shall provide a manual describing the process for maintaining the beacons and changing the configuration of beacons.

The contactor may either supply the beacons or the details for the cost of the beacons so the State can purchase the beacons.

The contractor shall develop a companion web application only available to authorized Missouri staff that allows the audio, text, and image information associated with a beacon to be maintained. Beacon locations and associated information must be able to be created, reviewed, updated, and/or deleted through this web application.

PROJECT APPROACH AND SCOPE OF WORK:

RFPT30034601600891 Page 89

The Contractor’s PAQ Response must include: Project overview Approach / Methodology overview Communication plan Project time line A detailed description of each deliverable and a firm fixed price associated with each deliverable. The contractor

should consider the list of deliverables below as a high level view of the deliverables intended to communicate acceptance criteria and approval requirements. The contractor should consider revising the list of deliverables to reflect the project plan as proposed by the contractor.

A detailed project plan showing the expected delivery date of each deliverable, detailed tasks required to complete the deliverable, contractor staff and time assigned to complete the detailed tasks, State staff and time participating in the detailed task

The contractor will NOT be provided any work/office space in any State facility as part of this project.

The OA-ITSD project manager will arrange for meeting space at the agency offices or OA-ITSD offices as needed to facilitate meetings, discussions, or demonstrations between agency staff, OA-ITSD staff, and contractor staff. All meeting will take place in the vicinity of Jefferson City, Mo. WebEx teleconferences may be use if when practical to reduce travel and include additional staff members.

All source code, system documentation, database scripts, etc. will be stored in the Visual Studio Team server repository as directed by the OA-ITSD project manager.

The companion web application shall be developed in Microsoft C# and MVC 5.

The database server shall be Microsoft SQL 2014.

The web application servers shall be allocated in Microsoft Azure U.S. Government.


1. Project Plan

2. Mobile Application

3. Companion Web Application for Managing

Application Content

4. Documentation for Setup and Maintenance of the


(Describe any acceptance criteria for deliverables)1. Project plan and supporting documentation

approved by OA/ITSD Project Manager. Approval required at start and close of Project, as well as for significant revisions.

2. All Mobile Application source code saved, built, and deployed from source code management system. All application and database documentation and scripts reviewed and saved in the source code management system. Review and approval by OA/ITSD Project Manager.

3. All Companion Web Application for Managing Application Content source code saved, built, and deployed from source code management system. All application and database documentation and scripts reviewed and saved in the source code management system. Review and approval by OA/ITSD Project Manager.

4. Documentation for Setup and Maintenance of the

RFPT30034601600891 Page 90

Application System

5. Documentation for Setup and Maintenance of the Beacons

Application System approved by Agency Representative and OA/ITSD Project Manager.

5. Documentation for Setup and Maintenance of the Beacons approved by OA/ITSD Project Manager.

AGENCY TASKS and/or ITSD RESPONSIBILITIES:OA-ITSD shall coordinate meeting rooms as needed to for interviews.




Mandatory Deadline



1. $

2. $

3. $

4. $

5. $

6. $

7. $

TOTAL: $



On-Site Non-Local Per Hour Rates to Include Travel

Expenses


Total Project Hours

On-Site/Off-Site

Consultant Per Hour

Rates (No Travel

Expense Allowed)

On-Site/Off-Site


Expense Allowed)

Total Project Hours

Total

$ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $ $ x Hours + $ x Hours = $

Total: $


RFPT30034601600891 Page 91












Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via Subcontractor

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Capability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements









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Minimum Education Degree (Masters, Bachelors, Associates Degree, etc.)Minimum Years of Experience Performing this Specific Job ClassificationMinimum Certifications/Training:Number of Personnel in this Job Classification Currently Employed Directly by VendorNumber of Personnel in this Job Classification Available via Subcontractor

RFPT30034601600891 Page 95

Capability and Method of Acquiring Additional Internal or External Resources to Meet PAQ Requirements











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The state reserves the right to review the resumes submitted in the vendor’s response to in Exhibit C as consideration to the vendor’s proposed personnel.






RFPT30034601600891 Page 97


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EXHIBIT D.1 (CATEGORY 1)PARTICIPATION FROM OTHER ORGANIZATIONS

PARTICIPATION COMMITMENT

D.1.1 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 vendor is committing to participation by or if the vendor is a qualified MBE/WBE and/or organization for the blind/sheltered workshop and/or a qualified SDVE, the vendor must provide the required information in the appropriate table(s) below for the organization proposed and must submit the completed exhibit with the vendor’s proposal.

For Minority Business Enterprise (MBE) and/or Woman Business Enterprise (WBE) Participation, if proposing an entity certified as both MBE and WBE, the vendor 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.

MBE Participation Commitment Table(The services performed or the products provided by the listed MBE 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.)

Name of Each Qualified Minority Business Enterprise (MBE)

Proposed

Committed Percentage of Participation

for Each MBE(% of the Actual Total Contract

Value)

Description of Products/Services to be Provided by Listed MBE

The vendor should also include the paragraph number(s) from the RFP which requires the

product/service the MBE is proposed to perform and describe how the proposed product/service constitutes

added value and will be exclusive to the contract.1.

%

Product/Service(s) proposed:

RFP Paragraph References:

2.%



3.%



4.%



Total MBE Percentage: %

RFPT30034601600891 Page 99

EXHIBIT D.1 (Continued)

WBE Participation Commitment Table(The services performed or the products provided by the listed WBE 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


Name of Each Qualified Women Business Enterprise (WBE)

proposed


for Each WBE(% of the Actual Total Contract

Value)

Description of Products/Services to be Provided by Listed WBE


product/service the WBE is proposed to perform and describe how the proposed product/service constitutes


%



2.%



3.%



4.%



Total WBE Percentage: %

Organization for the Blind/Sheltered Workshop Commitment TableBy completing this table, the vendor commits to the use of the organization at the greater of $5,000 or 2% of the

actual total dollar value of contract.(The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide

a commercially useful function related to the delivery of the contractually-required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.)

Name of Organization for the Blind or Sheltered Workshop Proposed

Description of Products/Services to be Provided by Listed Organization for the Blind/Sheltered WorkshopThe vendor should also include the paragraph number(s)

from the RFP which requires the product/service the organization for the blind/sheltered workshop is proposed to perform and describe how the proposed product/service

constitutes added value and will be exclusive to the contract.

1. Product/Service(s) proposed:




RFPT30034601600891 Page 100


SDVE Participation Commitment Table(The services performed or the products provided by the listed 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


Name of Each Qualified Service-Disabled Veteran Business

Enterprise (SDVE) Proposed


for Each SDVE(% of the Actual Total Contract

Value)

Description of Products/Services to be Provided by Listed SDVE


product/service the SDVE is proposed to perform and describe how the proposed product/service constitutes


%Product/Service(s) proposed:


2.%



Total SDVE Percentage: %

RFPT30034601600891 Page 101


D.1.2 DOCUMENTATION OF INTENT TO PARTICIPATE

If the vendor 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 vendor 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 vendor’s proposal.

~ Copy This Form For Each Organization Proposed ~

Vendor 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 vendor identified above.

Indicate appropriate business classification(s):MBE WBE 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:

(or attach copy of certification)

Service-Disabled Veteran’s (SDV) Name:

SDV’s Signature:

(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)

RFPT30034601600891 Page 102

EXHIBIT D.1 (continued)DOCUMENTATION OF INTENT TO PARTICIPATE

SERVICE-DISABLED VETERAN BUSINESS ENTERPRISE (SDVE)

If a participating organization is an SDVE, unless the Service-Disabled Veteran (SDV) documents were previously submitted within the past five (5) years to the Division of Purchasing, the vendor must provide the following SDV documents:

a copy of the SDV’s award letter from the Department of Veterans Affairs or a copy of the SDV’s discharge paper (DD Form 214, Certificate of Release or Discharge from Active Duty), AND


(NOTE: The SDV’s award letter, the SDV’s discharge paper, and the SDV’s documentation certifying disability shall be considered confidential pursuant to subsection 14 of section 610.021, RSMo.)

The vendor should check the appropriate statement below and, if applicable, provide the requested information.

No, I have not previously submitted the SDV documents specified above to the Division of Purchasing and therefore have enclosed the SDV documents.

Yes, I previously submitted the SDV documents specified above within the past five (5) years to the Division of Purchasing.

Date SDV Documents were Submitted: ______________________

Previous Proposal/Contract Number for Which the SDV Documents were Submitted: _______________(if applicable and known)

(NOTE: If the proposed SDVE and SDV are listed on the Division of Purchasing’s SDVE database located at http://content.oa.mo.gov/sites/default/files/sdvelisting.pdf, then the SDV documents have been submitted to the Division of Purchasing within the past five [5] years. However, if it has been determined that an SDVE at any time no longer meets the requirements stated above, the Division of Purchasing will remove the SDVE and associated SDV from the database.)

FOR STATE USE ONLY

SDV Documents - Verification Completed By:

Buyer Date

http://content.oa.mo.gov/sites/default/files/sdvelisting.pdf

RFPT30034601600891 Page 103








Proposed



Value)





%



2.%



3.%



4.%




RFPT30034601600891 Page 104





proposed



Value)





%



2.%



3.%



4.%















RFPT30034601600891 Page 105








Value)







2.%




RFPT30034601600891 Page 106





Vendor Name:






Phone #:





SDV’s Signature:

(Please Print)





SDVE)


RFPT30034601600891 Page 107













FOR STATE USE ONLY


Buyer Date


RFPT30034601600891 Page 108








Proposed



Value)





%



2.%



3.%



4.%




RFPT30034601600891 Page 109





proposed



Value)





%



2.%



3.%



4.%















RFPT30034601600891 Page 110








Value)







2.%




RFPT30034601600891 Page 111





Vendor Name:






Phone #:





SDV’s Signature:

(Please Print)





SDVE)


RFPT30034601600891 Page 112













FOR STATE USE ONLY


Buyer Date


RFPT30034601600891 Page 113

EXHIBIT EBUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION,

AND AFFIDAVIT OF WORK AUTHORIZATION

BUSINESS ENTITY CERTIFICATION:The vendor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit.

BOX A: To be completed by a non-business entity as defined below.BOX B: 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.

BOX C: To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing.

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 RFP B2Z14059 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 agency 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

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

RFPT30034601600891 Page 114

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 EntityRepresentative’s Signature

Business Entity Name Date

E-Mail Address

As a business entity, the vendor must perform/provide each of the following. The vendor should check each to verify completion/submission of all of the following:

Enroll and participate in the E-Verify federal work authorization program (Website: https://www.uscis.gov/e-verify/you-start; 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 E-Verify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the vendor’s name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the vendor’s name and the MOU signature page completed and signed, at minimum, by the vendor and the Department of Homeland Security – Verification Division. If the signature page of the MOU lists the vendor’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.


https://www.uscis.gov/e-verify/you-start

RFPT30034601600891 Page 115


AFFIDAVIT OF WORK AUTHORIZATION:

The vendor 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 with the State of Missouri for the duration of the contract, 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 for the duration of the contract, 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) (DATE)

Signature of Notary Date

RFPT30034601600891 Page 116


(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 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 vendor’s name and the MOU signature page completed and signed by the vendor 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 EntityRepresentative’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

RFPT30034601600891 Page 117

EXHIBIT FCERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER 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

Instructions for Certification1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out

below.2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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

RFPT30034601600891 Page 118

this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

RFPT30034601600891 Page 119

EXHIBIT GMISCELLANEOUS INFORMATION

G.1 Executive Order 04-09: Products and/or Services Provided Outside United States:

The vendor should identify below where the services identified in the RFP will be performed in order to be compliant with Executive Order 04-09 http://www.sos.mo.gov/library/reference/orders/2004/eo04_009.asp. Pursuant to RFP paragraph 2.1.3 and its subparagraph, no services shall be performed outside the Continental United States.

If any services offered under this RFP are being manufactured or performed at sites outside the United States, the vendor MUST disclose such fact and provide details in the space below or on an attached page.

Are any of the vendor’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: ________________________________________________________________

G.2 Employee/Conflict of Interest

Vendors who are elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.450 to 105.458, RSMo, regarding conflict of interest. If the vendor or any owner of the vendor’s organization is currently an elected or appointed official or an employee of the State of Missouri or any 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:



RFPT30034601600891 Page 120

Percentage of ownership interest in vendor’s organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof:

__________%

G.3 Contact Information

If different from the information provided on the front page of the RFP, the vendor should provide all necessary contact information including the RFP Coordinator and Contract Coordinator if awarded a contract, etc.

RFP COORDINATOR CONTACT INFORMATIONi.e. person to be contacted for questions and other coordination activities regarding the vendor’s proposal

NAME:

JOB TITLE:

PHONE:

FAX #:

EMAIL:

CONTRACT COORDINATOR CONTACT INFORMATIONi.e. person to be contacted for questions and other coordination activities regarding an awarded contract

NAME:

JOB TITLE:

PHONE:

FAX #:

EMAIL:

RFPT30034601600891 Page 121

STATE OF MISSOURIDIVISION OF PURCHASING

TERMS AND CONDITIONS -- REQUEST FOR PROPOSAL

1. TERMINOLOGY/DEFINITIONSWhenever the following words and expressions appear in a Request for Proposal (RFP) document or any addendum 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 (Purchasing). The agency is also responsible for payment.

b. Addendum means a written, official modification to an RFP.c. Amendment means a written, official modification to a contract.d. 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.e. Proposal End Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals. f. Vendor means the supplier, vendor, 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.g. Buyer means the procurement staff member of Purchasing. The Contact Person as referenced herein is usually the Buyer.h. 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.i. Contractor means a supplier, vendor, person, or organization who is a successful vendor as a result of an RFP and who enters into a

contract.j. Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with the sealed proposal prior to the

specified end date and time.k. Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment,

supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Addendums thereto.

l. May means that a certain feature, component, or action is permissible, but not required.m. Must means that a certain feature, component, or action is a mandatory condition. n. Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or

services required in the RFP. The pricing pages must be completed and submitted by the vendor with the sealed proposal prior to the specified proposal end date and time.

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

p. Shall has the same meaning as the word must.q. Should means that a certain feature, component and/or action is desirable but not mandatory.

2. APPLICABLE LAWS AND REGULATIONS

a. The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply with all local, state, and federal laws and regulations related to the performance of the contract to the extent that the same may be applicable.

b. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and Purchasing.

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 vendor’s responsibility to ask questions, request changes or clarification, or otherwise advise Purchasing 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 vendors regarding specifications, requirements, competitive proposal process, etc., must be directed to the buyer from Purchasing, unless the RFP specifically refers the vendor to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official proposal end date.

b. Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Therefore, vendors are advised that unless specified elsewhere in the RFP, any questions received less than ten calendar days prior to the RFP end date may not be answered.

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c. Vendors are cautioned that the only official position of the State of Missouri is that which is issued by Purchasing in the RFP or an addendum thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

d. Purchasing monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among vendors, price-fixing by vendors, or any other anticompetitive conduct by vendors which appears to violate state and federal antitrust laws. Any suspected violation shall be referred to the Missouri Attorney General's Office for appropriate action.

e. The RFP is available for viewing and downloading on the MissouriBUYS Statewide eProcurement System. Registered vendors are electronically notified of those proposal opportunities that match the commodity codes for which the vendor registered in MissouriBUYS. If a registered vendor’s e-mail address is incorrect, the vendor must update the e-mail address themselves on the state's MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ .

f. Purchasing reserves the right to officially amend or cancel an RFP after issuance. It shall be the sole responsibility of the vendor to monitor the MissouriBUYS Statewide eProcurement System to obtain a copy of the addendum(s). Registered vendors who received e-mail notification of the proposal opportunity when the RFP was established and registered vendors who have responded to the RFP on-line prior to an addendum being issued should receive e-mail notification of the addendum(s). Registered vendors who received e-mail notification of the proposal opportunity when the RFP was established and registered vendors who have responded to the proposal on-line prior to a cancellation being issued should receive e-mail notification of a cancellation issued prior to the exact end date and time specified in the RFP.

4. PREPARATION OF PROPOSALS

a. Vendors must examine the entire RFP carefully. Failure to do so shall be at the vendor’s risk.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 vendor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the proposal. In addition, the vendor 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 vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such a vendor may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses. The vendor should include a complete list of statutory references and citations for each provision of the RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing by Purchasing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable by Purchasing. If Purchasing 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 vendor not having an Employer Identification Number assigned by the United States Internal Revenue Service (IRS) must submit a completed IRS Form W-8 prior to or with the submission of their proposal in order to be considered for award.

5. SUBMISSION OF PROPOSALS

a. Registered vendors may submit proposals electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ or by delivery of a hard copy to the Purchasing office. Vendors that have not registered on the MissouriBUYS Statewide eProcurement System may submit proposals hard copy delivered to the Purchasing office. Delivered proposals must be sealed in an envelope or container, and received in the Purchasing office located at 301 West High St, Rm 630 in Jefferson City, MO no later than the exact end date and time specified in the RFP. All proposals must (1) be submitted by a duly authorized representative of the vendor’s organization, (2) contain all information required by the RFP, and (3) be priced as required. Hard copy proposals may be mailed to the Purchasing post office box address. However, it shall be the responsibility of the vendor to ensure their proposal is in the Purchasing office (address listed above) no later than the exact end date and time 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 end 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 vendor may be modified on-line prior to the official end date and time. A proposal which has been delivered to the Purchasing office may be modified by signed, written notice which has been received by Purchasing prior to the official end date and time specified. A proposal may also be modified in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to modify a proposal shall not be honored.

d. A proposal submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A proposal which has been delivered to the Purchasing may only be withdrawn by a signed, written document on company letterhead transmitted



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via mail, e-mail, or facsimile which has been received by Purchasing prior to the official end and time specified. A proposal may also be withdrawn in person by the vendor or its authorized representative, provided proper identification is presented before the official end 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 vendor. Justification of withdrawal decision may include a significant error or exposure of proposal information that may cause irreparable harm to the vendor.

f. When submitting a proposal electronically, the registered vendor indicates acceptance of all RFP requirements, terms and conditions by clicking on the "Accept" button on the Overview tab. Vendors delivering a hard copy proposal to Purchasing must sign and return the RFP cover page or, if applicable, the cover page of the last addendum thereto in order to constitute acceptance by the vendor of all RFP requirements, terms and conditions. Failure to do so may result in rejection of the proposal unless the vendor’s full compliance with those documents is indicated elsewhere within the vendor’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 end 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 MissouriBUYS Statewide eProcurement System. The contents of the responses shall not be disclosed at this time.

b. Proposals which are not received in the Purchasing office prior to the official end 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 vendor 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 a vendor shall be subject to evaluation if deemed by Purchasing to be in the best interest of the State of Missouri.

c. The vendor 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.

d. Awards shall be made to the vendor 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 vendor, 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 vendors fail to meet the same mandatory requirement in an RFP, Purchasing reserves the right, at its sole discretion, to waive that requirement for all vendors and to proceed with the evaluation. In addition, Purchasing reserves the right to waive any minor irregularity or technicality found in any individual proposal.

f. Purchasing 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 a vendor, from vendor’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 vendors 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 vendors.

j. Any award of a contract shall be made by notification from Purchasing to the successful vendor. Purchasing 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 Purchasing 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. Purchasing posts all proposal results on the MissouriBUYS Statewide eProcurement System for all vendors to view for a reasonable period after proposal award and maintains images of all proposal file material for review. Vendors who include an e-mail address with their proposal will be notified of the award results via e-mail.

m. Purchasing reserves the right to request clarification of any portion of the vendor’s response in order to verify the intent of the vendor. The vendor is cautioned, however, that its response may be subject to acceptance or rejection without further clarification.

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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 Purchasing.

9. CONTRACT/PURCHASE ORDER

a. By submitting a proposal, the vendor 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, addendums 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) Purchasing'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 Purchasing 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 Purchasing.

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

a. The contractor expressly warrants that all services provided shall: (1) conform to each and every specification, requirement, drawing, sample or other description specified in the contract, (2) be fit and sufficient for the purpose expressed in the PAQ, (3) be performed in a professional and workmanlike manner, and (4) be substantially free from defect.1) The contractor expressly warrants that for any equipment, hardware, or software recommended in the contractor’s PAQ response

for purchase by the state agency, the equipment, hardware, or software shall: (1) conform to each and every specification, requirement, drawing, sample or other description specified in the contract, (2) be fit and sufficient for the purpose expressed in the PAQ, (3) conform with the contractor’s recommendations, (4) be of good materials and workmanship, and (5) be free from defect.

2) Unless otherwise stated in the PAQ, the contractor expressly warrants that all software developed pursuant to a PAQ shall, for a period of ninety (90) days after acceptance by the state agency: (1) conform to each and every specification, requirement, drawing, sample or other description specified in the contract, (2) be fit and sufficient for the purpose expressed in the PAQ, and (3) be substantially free from defect.

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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, Purchasing may cancel the contract. At its sole discretion, Purchasing 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 Purchasing 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, Purchasing will issue a notice of cancellation terminating the contract immediately. If it is determined Purchasing improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

c. If Purchasing cancels the contract for breach, Purchasing 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 Purchasing 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 vendor/contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, transmitted by e-mail or hand-carried and presented to an authorized employee of the vendor/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 Purchasing immediately.

b. Upon learning of any such actions, Purchasing 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; ande. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning.

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If discrimination by a contractor is found to exist, Purchasing shall take appropriate enforcement action which may include, but not necessarily be limited to, cancellation of the contract, suspension, or debarment by Purchasing 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

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 the vendor’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 10-19-15