Document KkVgLgd4Y7X794kBZJmyGKeo

REQUEST FOR PROPOSAL NUMBER 3876-17 FRO M : M issouri State University Purchasing Office 901 South N ational Avenue Springfield, MO 65897 Telephone: (417) 836-5260 Facsimile: (417) 836-6583 TO : Patton Boggs LLP Attn: Thomas C. Downs 2550 M Street NW W ashington, D.C. 20037 Date: July 16, 2007 D ate and Tim e R eturnable: 3:00 p.m ., A ugust 17,2007 Buyer: Dave Yurchak Telephone: (417) 836-5356 Page 1 o f 13 plus the attached Ifc fa b CONSULTING SERVICES C ontract P eriod: From Jan u ary 1,2008 through Ju n e 30,2009 This document constitutes a request for com petitive, sealed proposals from qualified offerors to provide consulting services as specified herein, in accordance w ith the requirem ents, term s and conditions o f this Request for Proposal. The offeror hereby agrees to furnish item s and/or services pursuant to all requirements and specifications contained in this document, upon either the receipt o f an authorized purchase order from M issouri State University, or when this document is countersigned by M issouri State University as a binding contract. The offeror further agrees that the language o fthis document shall govern in the event o f a conflict with the offeror's proposal. AUTHORIZEg SIGNATURE PRINTED NAME Thom as C . D ow ns TITLE Partner COMPANY Patton Boggs LLP MAILING ADDRESS DATE 8/15/07 PHONE 2550 M Street, NW CITY Washington STATE DC 202-457-6000 ZIP CODE 20037 FO R UNIVERSITY USE ONLY: ACCEPTED BY MISSOURI STATE UNIVERSITY AS FOLLOWS: CONTRACT NUMBER: C3876-1 The proposal of Patton Boggs LLP dated 8/15/07 plus the attached letter dated October 11, 2007, from Thomas C Downs pursuant to the terms and conditions of RFP #3876-17. fbayUvL 'm&oi cpDIRECTOR .- original .^ RESPONSE O F PATTON BOGGS LL P TO M ISSOURI STATE UNIVERSITY REQ U EST FO R PRO PO SAL NUM BER 3876-17; FO R CONSULTING SERV ICES SUBM ITTED TO : M issouri State University Purchasing Office 901 South N ational Avenue Springfield, MO 65897 SUBM ITTED BY: Thomas C. Downs, Partner Patton Boggs LLP 2550 M Street, N.W . W ashington, D.C. 20037 202-457-6000 August 15,2007 PAON B0G6S LLP A n O f H E S AT LAW 2550 M Street, N W W ashington, DC 20037-1350 202-457-6000 Facsim ile 202-457-6315 w w w .pattonboggs.com August 15,2007 Thomas C Downs (202) 457-5634 tdow zis@ pattonboggs.com VIA FED ERA L EXPRESS Mr. Dave Yurchak Purchasing Office M issouri State University 901 South National Avenue Springfield, M O 65897 Re: Response of Patton Boggs LLP to Request for Proposal N o. 3876-17 D ear Mr. Yurchak: We are pleased to respond to Missouri State University's Request for Proposal N o. 3876-17, for representation o f the University in public policy matters in Washington, D C We are enthusiast! about the prospect of working to promote Missouri State's strategic objectives. Patton Boggs is widely regarded as the most experienced, successful and influential W ashington firm in the public policy arena. We w ork diligendyand creatively to help universities and other not-for-profit clients to obtain funding and other assistance fortheir priority programs. We would very much like to extend our professional services to Missouri State. We believe you will find in the enclosed response that we have assembled a highly professional and experienced team to assist Missouri State in promoting its agenda at the federal level. O ur professionals have extensive experience in the Congressional appropriations process and in representation of universities and not-for-profit clients. We appreciate the opportunity to submit this response to the RHP. Should you have any questions or wish to discuss this proposal, please contact me at (202) 457-5634. Sincerely, Thomas C Downs for Patton Boggs LLP Enclosures: Patton Boggs LLP's Response to RFP N o. 3876-17 (one original and five copies) Wa s h i n g t o n DC | No r t he r n V i r g i n i a I Ne w J e r s e y [ Ne w York | Dal l a s I Denver | A n c h o r a g e | Doha, Qat ar TABLE OF CONTENTS P re fa c e .................... .....................................................................................................................................1 Part One - Introduction and General Inform ation................................................................................. 2 1. Introduction............................................................................................................... 2 2. Purpose/O bjective...........................................................................................................2 3. O rganization................................................................................................... 2 4. General Inform ation........... .............................................................................................2 5. T im etable........................................ 2 Part Two - Scope o f W ork................................................... ....................................................................3 1. General Requirem ents...................................................................................................... 3 2. Specific R equirem ents...................................................................... 4 3. Confidentiality R equirem ents......................................................................................... 8 4. Substitution o f Personnel.................. 9 5. Compliance w ith L aw s.................................... 9 Part Three - General C ontractual R equirem ents................................................................................. 10 1. Contract P erio d ............................................................................................................... 10 2. Contract P rices............................................................................................................... 10 3. Contract D ocum ents..................................................... .......... ..................................... 10 4. Amendments to C ontract..............................................................................................10 5. Contractor Liability........................................................................................................10 6. Indem nification.............................................................................................................. 10 7. Insurance Requirem ents................................................................................................ 10 8. A ssignm ents................................................................................................................... 10 9. Contractor Status.................................... 10 10. Bankruptcy or Insolvency.............................................................................................11 11. W aiver..................... 11 12. Communications and N otices......................................................................................11 Part Four - Proposal Submission Inform ation.................................................................................. 12 1. O fferor's Contacts...................................................... 12 2. Subm ission o f Proposals............... 12 3. O fficial Position............................................................................................................12 4. Evaluation Process................. 12 5. Proposal O rganization..................................................................... 13 ' 6. Pricing R equirem ents............................................................ 13 7. Patton B oggs' Experience and Expertise................................................................... 13 8. Patton Boggs' Plan for Perform ing the Requirements o f the R F P ......................... 36 9. Additional Q ualifications............................. 37 Pricing P ag e.......................................................................................................... ................................. 42 RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 1 o f 43 RESPONSE OF PATTON BOGGS LLP TO MISSOURI STATE UNIVERSITY REQUEST FOR PROPOSAL NUMBER 3876-17; FOR CONSULTING SERVICES Preface Patton Boggs LLP ("Patton Boggs" or "the firm ") proposes to provide federal governm ent affairs consulting services for M issouri State U niversity ("M issouri State" or "the U niversity") in accordance w ith the requirem ents, terms and conditions o f Request for Proposal No. 3876-17 ("RFP"). W e are enthusiastic about the opportunity to assist M issouri State in seeking Congressional appropriations, legislative authorization, executive agency grants and contracts, and other governm ent assistance to address your objectives. W e believe that this response thoroughly addresses the objectives and requirem ents stated in the RFP. Patton Boggs is particularly w ell qualified to represent M issouri State's interests arid carry out its agenda at the federal level. The following are highlights o f our strengths documented in this Proposal: Patton Boggs is regarded by politicians and political observers as the m ost experienced and influential firm in the public policy arena in W ashington. W e have experience dealing with virtually every legislative and executive branch office. W e have established a successful track record o f obtaining appropriations for universities. W e have proposed a team o f Patton B oggs' accomplished appropriations professionals extrem ely w ell qualified to represent M issouri State. W e have other professionals available to assist the M issouri State team , including attorneys who have served at the highest levels in the executive branch and Congress. W e have close ties w ith the M issouri Congressional delegation, in particular Representatives Roy B lunt and Jo Ann Emerson, and Senators K it Bond and Claire M cCaskill. W e have a history o f representing numerous M issouri-based clients. W e have already given consideration to potential opportunities and strategies to represent M issouri State's interests in W ashington. Patton Boggs' response to the RFP sets forth a detailed plan o f action for M issouri State involving advocacy w ith an emphasis on obtaining appropriations and raising the U niversity's profile in W ashington. W e are excited about the prospect o f w orking w ith your professionals over the long term, and having the opportunity to observe the positive outcomes o f increased government funding and other assistance to M issouri State. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 2 o f 43 PART ONE INTRODUCTION AND GENERAL INFORMATION 1. Introduction. Patton Boggs understands and agrees w ith the introduction paragraph o f the RFP. 2. Purpose/Obiective. Patton Boggs understands and agrees w ith the statem ent o f purpose and objective o f the RFP. The firm is confident that it can help M issouri State fulfill its principal purpose and objective. 3. O rganization. Patton Boggs understands and agrees w ith the organization o f the RFP. 4. General Inform ation. Patton Boggs understands and appreciates M issouri State's description o f its facilities and its m ission. 5. Tim etable. Patton Boggs understands and appreciates receiving inform ation about M issouri State's tim etable for recom m ending an award under the RFP. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 3 o f 43 PART TWO SCOPE OF WORK 1. G eneral Requirem ents. Patton Boggs understands and agrees that it w ill provide consulting services to M issouri State in accordance w ith the requirem ents, term s and conditions o f the RFP. The following presents our responses to the general requirem ents. 1.1 Patton Boggs* capability. Patton Boggs is a law firm located in W ashington, D.C. proposing to field a team o f attorneys and professionals to work w ith M issouri State to prom ote its governmental affairs agenda. Our prim ary goal w ill be to obtain federal funding for M issouri State programs and initiatives. We w ill also develop legislative and executive branch m easures to enhance opportunities in key areas o f im portance to the University. Patton Boggs is a registered lobbyist for numerous colleges and universities, community colleges, not-for-profit ("NFP") institutions, m unicipalities, counties, state agencies, corporations, and trade associations. Patton Boggs' Public Policy practice has earned an unparalleled reputation for success. In June 2007, Chambers USA ranked Patton Boggs the num ber one firm in the country for government relations. R oll Call newspaper, Influence Online and other sources have ranked Patton Boggs as the num ber one lobbying firm in the nation in every recent annual survey. Fortune m agazine has also ranked the firm among the most pow erful lobbying firm s in the nation. Beachem 's Guide to Key Lobbyists has described us as "one o f the powerhouse firm s in the capital whose lawyer-lobbyists have contacts deep within both political parties -- and know-how to tap those contacts for maximum effect." Patton Boggs' national reputation for effectiveness has been w idely w ritten about, including feature articles in The Wall Street Journal, Washington Post, Newsweek, Business Week and other publications. The firm has achieved substantial results for higher education and NFP organizations through W ashington representation. W e provide clients w ith direct access to decision makers at senior levels in the government. O ur prim ary focus on behalf o f universities and NFP institutions is in the appropriations arena. However, we also provide services in researching and analyzing agency policy developm ents and grant programs, and in accessing funds through agency accounts. 1.2 Patton B o ses' team approach. Patton Boggs w ill provide governm ental affairs services as a team effort, working closely w ith M issouri State's O ffice o f Governm ent Relations and O ffice o f the President. This w ill allow us to draw on the strengths o f each o f our professionals. In Part Four, ^[7.5 below , the members o f our team are identified. These professionals are experienced in the budget and appropriations processes. RESPONSE OF PAXTON BOGGS LLP TO RFP #3876-17 Page 4 o f 43 One o f the hallmarks o f Patton Boggs' public policy practice is our entrepreneurial approach to problem s and issues. We pride ourselves in finding creative solutions where others see obstacles. Both our culture and the firm 's flexible practice group organization enable us to quickly m obilize the right team to ensure that the best level o f service is available to our clients. 1.3 No representation o f other M issouri public higher education entities. W e understand and agree that if engaged to represent M issouri State, Patton Boggs w ill not represent any other four-year public higher education institution w ithout the prior consent and approval o f the University. 1.4 This is not an exclusive arrangem ent. W e understand and agree that a contract w ith M issouri State w ill not be construed as an exclusive arrangement, and we agree that the U niversity may secure identical and/or sim ilar services from other sources at any time. Patton Boggs has experience in employing a collaborative approach in representation o f higher education institutions and other clients. We are com fortable w orking w ith other W ashington, D.C. firms when appropriate to serve M issouri State's interests. 2. Specific Requirem ents. In accordance with the requirements, term s and conditions o f the RFP, Patton Boggs proposes to satisfy each o f the following specific requirem ents on behalf o f M issouri State. 2.1 Patton Boggs w ill establish a strong M issouri State presence in W ashington. The firm proposes to assist in creating a strong M issouri State presence w ith the U.S. Congress and appropriate Executive Branch agencies. As a standard practice, we closely m onitor and participate in activities o f the U.S. Department o f Education, Congressional offices involved in higher education m atters, and other appropriate forums. W e attend hearings o f House and Senate committees w ith jurisdiction over higher education issues, as well as policy forums conducted by the Executive Branch and national organizations involved in these issues. W e inform our clients o f im portant policy and program developm ents, often before they are publicly announced. W e w ill ensure that requests for Congressional appropriations to help fund M issouri State's priority program s and objectives are presented to your Congressional representatives and the appropriations committees early in the appropriations process. We w ill engage in a sustained level o f advocacy and communication w ith these offices throughout the appropriations cycle. If awarded this contract, we would like to discuss with you the organization o f an annual M issouri State "fly-in" to W ashington to be scheduled early in the year (February, M arch or A pril). This would provide an opportunity to showcase M issouri State program s and initiatives for key decision makers, and arrange m eetings for M issouri State officials with legislative and Executive Branch offices. In conjunction w ith the fly-in, we would recommend hosting a M issouri State reception on Capitol H ill to which federal officials would be invited. W e believe that such an annual visit would raise the visibility o f M issouri State nationally, and improve your prospects for obtaining funding. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 5 o f 43 W e w ill provide M issouri State officials w ith tim ely inform ation about developments in W ashington on a day-to-day basis. In our role as your W ashington representative and advocate, we w ill ensure that M issouri State is regarded as a significant stakeholder in policy and budget decision m aking. 2.2 Patton Boggs w ill develop and im plem ent plans to secure support for and to obtain federal resources for the U niversity's priority projects and programs. W e w ill w ork w ith you to plan and im plem ent strategy to leverage federal support for M issouri State's priority program s. This would involve a thorough discussion about M issouri State's specific funding needs in connection w ith facilities, programming, special projects, and other areas. W e w ill also conduct a baseline analysis o f M issouri State's academic and research program s, and m atch them w ith the m yriad federal program s that m ight support or expand them. A fter we m eet w ith you and closely define your priority goals, we w ill conduct a comprehensive review o f program s w ithin the areas for which you are seeking representation and funding. W e will identify opportunities w hich would allow us to accomplish the goals identified. In our experience, an ongoing review o f a client's areas o f interest often turns up opportunities not contem plated at the outset. Once M issouri State's funding priorities are agreed upon, our professionals w ill work throughout the year to advance m ultiple appropriations requests in coordination w ith M issouri State's Congressional delegation and other offices as appropriate. We w ill also encourage M issouri State's direct participation in our advocacy efforts, through letters supporting specific appropriations projects, and visits by M issouri State personnel with legislators and their staff. As indicated above in Part Two, ^[2.1, these efforts could be highlighted at an annual "fly-in." 2.3 Patton Boggs w ill seek to identify and assist in pursuing federal legislative goals to create additional opportunities for M issouri State to receive appropriated funds. W e m onitor, analyze, identify and execute legislative and executive branch strategies to create new opportunities for clients. In some cases, an existing grant program m ay provide the right approach to M issouri State's needs. In other cases, line-item funding in an appropriations bill or an am endm ent to an authorization bill w ill accomplish w hat we are trying to achieve. In either case, w e w ill w ork w ith M issouri State personnel to develop and implement appropriate strategy. W ith the reauthorization o f the Higher Education Act, we believe that M issouri State has an opportunity to influence the national debate over im proving education. Our professionals hope to assist M issouri State as this and other legislative debates unfold on Capitol Hill. The fact that M issouri State has developed partnerships with K-12 schools and promotes im provem ents in public education presents an opportunity to leverage additional funds for M issouri State initiatives. The No C hild Left Behind Act o f 2001 authorized several new program s, and Congress has increased appropriations for elem entary and secondary education program s. W e believe there are potential sources o f funding for M issouri State's efforts to address the needs o f other educational institutions in M issouri while advancing M issouri State's higher education programs. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 6 o f 43 We w ill also investigate the availability o f federal block grant funding w hich passes through M issouri state agencies. W e believe w e w ill be able to identify substantial funds through such programs as HUD's Com m unity Development Block Grants and HHS' Community Services Block Grants, among other sources o f funds which are apportioned to the states on an annual basis. W orking w ith M issouri State's Congressional delegation and federal agencies' headquarters staff, we w ill work to direct such block grant funding to fund M issouri State programs and initiatives. 2.4 Patton Boggs w ill m eet w ith and b rief M issouri State officials as needed to apprise them o f the current status o f M issouri State's federal objectives and to coordinate strategy. A vital part o f our responsibility is to report regularly on work for clients, and to solicit input from them on current efforts and future plans. W e w ill m eet with and b rief U niversity officials as often as needed to provide updates on our activities and plan strategy w ith you. In addition, our W ashington offices are available for your use at any tim e, and we welcome your visits to the capital to m eet w ith mem bers o f our team and federal officials. W e also expect to provide written and oral reports on all activities undertaken on M issouri State's behalf on a regular basis. This includes a summary o f m eetings attended, legislative and agency inform ation o f interest, and recommendations on next steps. 2.5 Patton Boggs w ill draft relevant documents to prom ote M issouri State's initiatives, including, but not lim ited to. letters, legislation and report language. W e routinely prepare necessary public policy related documents including Congressional briefing papers, m odel constituent letters, bill and report language, letters to adm inistrative agencies, and other m aterials needed to advance our clients' objectives. W e w ill, o f course, rely on your background and input regarding M issouri State programs and objectives. As a rule, though, w e recognize that tim e is lim ited, and do not expect M issouri State to prepare w ritten m aterials for use in our advocacy efforts. We w ill prepare them in consultation w ith you. W e w ill also assist Congressional offices in preparation o f correspondence and necessary forms and other docum entation required at each critical stage o f the appropriations process by the House and Senate appropriations committees. 2.6 Patton Boggs w ill review M issouri State's research and academic urograms with the D irector o f Government Relations and other university officials to identify those that have the greatest potential for federal support. At the outset, w e w ill w ork w ith you to identify M issouri State's priority interests and needs for funding research and academ ic programs. W e w ill provide our recommendations for the best prospects for funding through targeted appropriations and grants. W e work closely w ith university clients and their Congressional delegation offices to address clients' m ost im portant priorities. A t the same tim e, we make sure that we pursue funds in areas w ith the best opportunities for greater dollar amounts. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 7 o f 43 la m any cases, we pursue funding through nontraditional appropriations accounts w hile w e are seeking funding through traditional education-related accounts. When certain appropriations accounts becom e "oversubscribed" because o f increased competition for funds among universities and other NFP institutions, we continually seek new areas for potential funding. Through this strategy, we are able to obtain line-item funding through numerous funding accounts in m ultiple appropriations bills. 2.7 Patton Boggs w ill arrange m eetings for M issouri State officials with appropriate federal governmental officials. W e w ill arrange meetings for M issouri State officials with Legislative and Executive Branch officials who are in a position to advance M issouri State's priorities. In the Legislative Branch, this w ould include members and staff o f the M issouri Congressional delegation, Congressional Leadership offices, House and Senate A ppropriations Committees, House Education and Labor Committee, Senate H ealth, Education, Labor and Pensions Committee, and other Congressional offices as appropriate. In the Executive Branch, w e w ill arrange m eetings w ith officials o f the U.S. D epartm ent o f Education, U.S. Departm ent o f Agriculture, W hite House, and other agencies as appropriate. 2.8 Patton Boggs w ill visit M issouri State at least once annually annually. Patton Boggs w ill be available to m ake at least one annual visit to M issouri State's campus in Springfield to confer w ith M issouri State officials. 2.9 Patton Boggs w ill provide strategic advice on trends in funding, especially research funding. W e closely follow program m atic and funding developm ents in federal agencies, including the D epartm ent o f Education, Departm ent o f Defense, Department o f State, National Science Foundation, N ational Institutes o f H ealth, Departm ent o f Agriculture and other departm ents and agencies. By m onitoring and anticipating agency plans, we often identify opportunities for academ ic institutions to be in an early position to become integral players in the implem entation o f new program s, and to receive funding from agencies. W e assist in identifying com petitive and discretionary grant program s as soon as they are announced (and sometimes in advance o f agency announcem ents), including program s w hich M issouri State m ay not know exist. There are m any opportunities available to M issouri State for appropriations to fund research and other activities. Funding m ade available by Congress through appropriations each year to universities provides substantial and often less burdensom e opportunities (as compared w ith com petitive grant program s) to pursue new and innovative research and other projects and/or to support existing program s. Importantly, w ith the drive to improve homeland security, w e are aw are o f im portant new opportunities to assist the government in responding to m any difficult questions and problem s. Significant dollars are slated to fund university-based research into biological w arfare, hom eland security systems and technology, biom edical research, and prevention and cure issues. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 8 of 43 2.10 Patton Boggs w ill m onitor legislative and regulatory developments o f importance to M issouri State's agenda. Patton Boggs w ill continually m onitor and evaluate program s and opportunities in areas relating to M issouri State's agenda. In essence, we w ill act as your "eyes and ears" in W ashington, and keep you inform ed o f developm ents related to your objectives. On a day-to-day basis, we w ill: M onitor and analyze all aspects o f the m ajor authorization bills that have a bearing on your legislative objectives, such as reauthorization o f the Higher Education Act. Review all activity that m ight affect M issouri State --be it legislative, adm inistrative or regulatory in nature --and advise M issouri State on the appropriate action or inaction to be taken. A nalyze each stage o f budget and appropriations bills and their likely im pact on M issouri State. U tilize our knowledge o f the legislative process to seek appropriate changes (e.g., a line item in an appropriation bill, a com petitive grant program or changes in a statutory funding formula) that achieve your legislative objectives. A ssist you in developing a strategic plan for M issouri State's governm ent relations program and m atch your priorities w ith specific legislative and executive branch opportunities. Identify available funding opportunities including appropriations, authorized programs, and com petitive and discretionary grant programs, to support your legislative priorities. 2.11 Other services. Patton Boggs w ill provide such other services as appropriate to achieve M issouri State's objectives. W e believe strongly in being flexible so as to adapt to changing circum stances and priorities. 3. Confidentiality Requirem ents. 3.1 H andling o f confidential documents. Patton Boggs understands that all reports, documentation, and m aterial we develop or acquire as a result o f a direct requirem ent specified in the contract constitute the property o f the University. No reports, docum entation, or m aterial prepared as required by the contract''w ill be released to the public w ithout the prior w ritten consent o f M issouri State. 3.2 Confidentiality o f all data/inform ation. The firm understands that all data and inform ation provided to our firm by M issouri State, and w hich our firm provides to M issouri State, m ust be kept strictly confidential. W e agree and RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 9 o f 43 understand that all discussions betw een our personnel and M issouri State, and all inform ation we gain as a result o f our perform ance under the contract, m ust be kept confidential. 4. Substitution o f Personnel. W e do not expect to substitute other personnel for any member o f our team for the M issouri State representation. In particular, the team leader and M issouri State's day-to-day contact, Patton Boggs partner Tom Downs, w ill not be replaced by another. However, Patton Boggs understands and agrees that in the event it becomes necessary to make a personnel substitution, the replacem ent individual m ust possess equal or greater qualifications than those specified for the personnel identified in this Proposal. W e w ill seek to provide at least a two-week advance notification to the U niversity in the event we m ust m ake a personnel substitution. W e recognize that M issouri State has the right to accept the proposed substitute candidate or request resum es o f other available consultants. W e understand that M issouri State reserves the right to then accept or reject any o f the consultants we offer. 5. Com pliance w ith Laws. Patton Boggs understands and agrees that it w ill ensure compliance w ith all applicable law s and regulations, specifically those regarding lobbying and reporting. Patton Boggs w ill com plete and provide to appropriate offices all reports required in connection with our services. W e w ill ensure that there is no discrim ination o f any person on the basis o f race, color, religion, sex, national origin, ancestry, age, disability, or veteran status or any other basis protected by U niversity policy or law. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 10 o f 43 PART THREE GENERAL CONTRACTUAL REQUIREMENTS 1. Contract Period. Patton Boggs understands and agrees w ith the specified contract period and the option to renew the contract for up to four additional one-year periods or part thereof. 2. Contract Prices. Patton Boggs understands and agrees w ith the statem ent regarding contract prices as stated in the contract. 3. Contract Docum ents. Patton Boggs understands and agrees w ith the statem ent regarding contract documents. 4. Amendments to Contract. Patton Boggs understands and agrees w ith the statem ent regarding amendments to contract. 5. Contractor Liability. Patton Boggs understands and agrees with the statem ent regarding contractor liability. 6. Indem nification. Patton Boggs understands and agrees with the statem ent regarding indemnification. 7. Insurance Requirem ents. Patton Boggs understands and agrees w ith the paragraphs addressing insurance requirem ents. As required by RFP Part Three, f7 .3 , p. 7, Patton Boggs w ill furnish written evidence o f insurance coverage before or upon award o f the contract. 8. A ssignm ents. Patton Boggs understands and agrees w ith the statem ent regarding assignments. 9. Contractor Status. Patton Boggs understands and agrees w ith the statem ent regarding contractor status. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 11 o f 43 10. Bankruptcy or Insolvency. Patton Boggs understands and agrees w ith the statem ent regarding bankruptcy or insolvency. 11. W aiver. Patton Boggs understands and agrees w ith the statem ent regarding waiver. 12. Communications and Notices. Patton Boggs understands and agrees w ith the statem ent regarding communications and notices. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 PART FOUR PROPOSAL SUBMISSION INFORMATION Page 12 o f 43 1. O fferor's Contacts. Patton Boggs understands and agrees w ith the statem ent regarding offeror's contacts. 2. Subm ission o f Proposals. Patton Boggs understands and agrees w ith the statem ent regarding submission o f proposals. 2.1 Conies o f proposals. Patton Boggs understands and agrees w ith the statem ent regarding copies o f proposals. W e are providing one (1) original Proposal and five (5) copies, as required. 2.2 Open records law . Patton Boggs understands and agrees w ith the statem ent regarding the Open Records Law. 3. O fficial Position. Patton Boggs understands and agrees w ith the statem ent regarding M issouri State's official position. 4. Evaluation Process. Patton Boggs understands and agrees w ith the statem ent regarding the evaluation process. 4.1 Proposal evaluation. Patton Boggs understands and agrees with the statem ent regarding proposal evaluation. 4.2 Oral presentation. Patton Boggs understands and agrees w ith the statem ent regarding oral presentation. W e would be pleased to provide M issouri State personnel w ith an oral presentation at your convenience. 4.3 N egotiation. Patton Boggs understands and agrees w ith the statem ent regarding negotiation. 4.4 O fferor's responsibility. Patton Boggs understands and agrees w ith the statem ent regarding offeror's responsibility. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 13 o f 43 4.5 Errors/O m issions. Patton Boggs understands and agrees w ith the statem ent regarding errors and omissions. 4.6 Conform ity w ith specifications. Patton Boggs understands and agrees w ith the statement regarding conform ity with specifications. 4.7 Specification interpretation. Patton Boggs understands and agrees w ith the statem ent regarding specification interpretation. 4.8 Contract aw ard. Patton Boggs understands and agrees w ith the statem ent regarding contract award. 5. Proposal Organization. Patton Boggs understands and agrees w ith the statem ent regarding proposal organization. 6. Pricing Requirem ents. Patton Boggs understands and agrees w ith the statem ent regarding pricing requirem ents. 7. Patton Boggs* Experience andExpertise. Patton Boggs assists universities and NFP organizations in obtaining funding for cutting-edge research in a w ide variety o f fields, such as biotechnology, medical research, advanced technology and transportation. W e also help secure support for infrastructure developm ent, ranging from building construction to upgrading com puter resources. Our firm has successfully secured funding, in partnership w ith the government, to establish new university centers and program s in a variety o f disciplines, ranging from national defense to literacy and com m unity service program s. Patton Boggs has intervened when legislative and regulatory changes are contem plated that affect universities, such as m odifications o f the Federal D irect Student Loan Program, Section 127 em ployer provided education assistance, and the taxation o f scholarships and fellow ships for graduate student teacher assistants and foreign students. W hen representing a university client and a state-funded entity, Patton Boggs is m indful o f its role as an extension o f the university leadership. W e are committed to use our know ledge and expertise to assist clients in an ethical manner, in full compliance w ith applicable federal and state disclosure laws. W e are especially m indful o f the obligation o f state universities to be accountable at all tim es to state governm ent leaders, trustees, alumni, and student bodies, not only for their actions but also for those o f consultants in their employ. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 14 o f 43 7.1 Identification o f the offeror. Patton Boggs LLP is subm itting this Proposal. Thomas C. Downs, partner, Patton Boggs LLP, is authorized to contractually bind the firm. 7.2 Relevant experience o f Patton Boggs and M issouri State team personnel. 7.2.1 Patton Boggs' experience working w ith House and Senate Appropriations Committees including background at the federal level w ith NFP institutions in obtaining appropriations. Patton Boggs has special expertise in the budget and appropriations processes which directly im pacts university funding. O ur appropriations specialists, most o f who have served as senior staff for members o f the House or Senate Appropriations Committees, have a thorough understanding o f the appropriations process, and have developed critical relationships with A dm inistration budget officials, key members o f Congress, and their staffs. Under Part Four, 1(7.5, w e identify our personnel for this representation and include their resumes. W e have been highly successful for our clients in the appropriations arena. For example, we helped to secure over $500 m illion for construction o f the Denver airport; $60 m illion for the D etroit airport; over $75 m illion for a public university; more than $54 m illion for a university biotechnology center; $25 m illion for the Jacksonville, Florida Automated Skyway Express; $86 m illion for construction o f a new federal courthouse in Jacksonville; and funding for the construction o f new museum facilities in Charlotte, N.C. This ju st a sampling o f our successes in the appropriations area. W e have developed expertise in representing NFP institutions before Congress and the Executive Branch. They include universities and other higher education entities, public school districts, nonprofit foundations involved in arts and cultural programs, youth and family services agencies, and m any other organizations. W e have obtained appropriations line-item funding for these clients. W e have listed below in Part Four, f 7.3, some o f our team 's higher education client experiences. The following are among Patton Boggs' NFP projects led by Thomas Downs, team leader for the M issouri State representation: 7.2.1.1. Programs for youth and families. Bovs and G irls Home o f N ebraska. W e have obtained appropriations totaling $3.4 m illion for Boys and G irls Home child abuse prevention, juvenile justice and other youth and fam ily services, and developm ent o f fam ily service and youth residential treatm ent centers. Com m unity Service Society. W e were recently retained by this 160 year-old NFP organization providing social services to youth and fam ilies in New York City. W e are assisting w ith appropriations and grants efforts, among other public policy services. Family and C hildren's Services. Inc. W e have obtained $1.8 m illion in appropriations to assist this Oklahom a NFP organization with costs o f establishing a new children's services center and RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 15 o f 43 for operation o f child abuse prevention and juvenile justice programs and a H ispanic fam ily resource center. For Love o f Children. Inc. On behalf o f this NFP organization, we obtained appropriations for a w ilderness camp program to assist abused and neglected youths and a m ulti-m edia youth technology center. Heartland Fam ily Service. Inc. W e have obtained appropriations to fund establishm ent o f a fam ily resource center serving greater Omaha. Team Focus. Inc. W e have assisted w ith public policy efforts o f Team Focus, Inc., a NFP organization using university campus facilities to host leadership camps, among other education and m entoring services for young m en ages 10-18 who do not have fathers. W e have obtained $2.5 m illion in appropriations for Team Focus and helped arrange the organization's involvem ent in the W hite House Conference on H elping America's Youth; a site visit to the organization's headquarters by First Lady Laura Bush; and a visit in the Oval O ffice with President George W. Bush, among other efforts. W e are now working w ith Representative Jo A nn Em erson on a Tearn Focus program for M issouri. Youth for Tom orrow. Inc. W e were retained by this NFP organization in Virginia founded by W ashington Redskins Football Coach Joe Gibbs and have assisted w ith efforts to obtain funds for construction o f residential treatm ent and counseling facilities to serve at-risk youth. 7.2.1.2, Local government client projects. C ity o f A eoura H ills. CA. On behalf o f A goura H ills, we succeeded in convincing the director o f the Federal Em ergency M anagement A gency (FEM A) to reverse its prior rulings that denied reim bursem ent to the city for a $1.6 m illion repair o f a mudslide-damaged area. W e have also successfully lobbied for the following federal fUnding projects: $4 m illion for replacem ent o f the Kanan R oad Interchange; $2.6 m illion for replacem ent o f the Reyes Adobe Road Interchange; $1 m illion for a Scenic Byways project; and $750,000 for construction o f bike lanes. C ity o f A ustin. TX . A ustin retained Patton Boggs to help convince the federal governm ent to require an environm ental analysis for a m ajor pipeline construction project crossing the Edwards A quifer, a source o f drinking w ater for A ustin. W e assisted in negotiating an agreement w ith the governm ent and the pipeline company which required preparation o f a detailed environmental assessm ent. C ity o f H ouston. TX. W e helped Houston secure m ore than $70 m illion in federal funding for purposes ranging from housing and com m unity developm ent initiatives to drug elim ination in public housing to a com m unity technology initiative to bridge the digital divide. City o f Jacksonville. FL. W e represent Jacksonville on a range o f federal projects affecting the City, including construction o f a new federal courthouse, funding for flood control projects, Brow nfields Redevelopm ent and other environm ental issues, and transportation projects. Our num erous successes to date include appropriations o f $86 m illion for courthouse construction, RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 16 o f 43 $27 m illion for a local highw ay project, $5 m illion for open space preservation, and $4 m illion for recreational trails. Cobb County. GA. W orking w ith the Cobb County S h eriffs Department and a private sector partner, w e obtained appropriations for a m ulti-level law enforcement security technology project. Las V ireenes/M alibu Council o f Governments. CA. W e assisted the Las Virgenes/M alibu Council o f Governments (cities o f Agoura H ills, Calabasas, Hidden Hills, M alibu and W estlake V illage) in developing a regional disaster m itigation initiative to make public buildings and other facilities less vulnerable to natural disasters and other hazards. We obtained a FEMA "Project Im pact" designation for the initiative, and discretionary grant fbnding from the FEMA director's office. Las V ireenes M unicipal W ater D istrict. CA. W e represented the Las Virgenes M unicipal W ater D istrict (LVMWD) in its perm it renewal for a w astew ater reclamation plant before the Regional W ater Q uality Control Board. The draft perm it would have required LVMWD either to install reverse osm osis technology, at an estim ated cost o f $160 million, or to divert the wastew ater flow from M alibu Creek to the Los Angeles R iver at a cost o f $60 million. A fter tw o hearings and our contacts w ith EPA, the Regional Board dropped these requirements in favor o f a far m ore reasonable perm it. W e are now seeking federal funding for the w ater district, and just obtained a $3 m illion line-item provision in the W ater Resources Development Act reauthorization for LVMWD w ater infrastructure projects. C ity o f Shreveport. LA. Our representation o f the City o f Shreveport has resulted in federal funding o f a w ide variety o f municipal projects and initiatives involving infrastructure, transportation, and education. San Bernardino M unicipal W ater Department. CA. O ur attorneys achieved one o f the largest settlem ents ever obtained from the federal government (U.S. Army) in a Superfund m atter on behalf o f the City o f San Bernardino, California. Early in 2005, the U.S. D istrict Court for the C entral D istrict o f C alifornia approved the consent decree for a $164 m illion environmental settlem ent, concluding a nearly decade-long effort to resolve this matter. W e also obtained $18.5 m illion in direct appropriations from Congress for the water departm ent to address environm ental contam ination attributed to the Army's activities during W orld W ar II. C ity o f San Diego. CA. W e provide legislative support on priority projects o f concern to the C ity o f San Diego. O ur efforts have helped the city to receive m illions in appropriations, grants and other forms o f federal financial support. 7.2.1.3. M useums, arts, history and cultural projects. C hildren's Science M useum Expansion. We obtained appropriations for expansion o f the SciPort Science Center, a hands-on NFP children's science museum and education center in Shreveport, Louisiana. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 17 o f 43 Frederick D ouglass N ational M em orial. W e were retained by a NFP African Am erican heritage organization advocating a N ational M emorial in honor o f 19th Century abolitionist leader, publisher, orator, presidential advisor and diplom at Frederick Douglass. W e drafted and secured passage o f the Frederick D ouglass N ational M em orial Act, authorizing a future N ational M em orial in W ashington, DC. Great Blacks in W ax M useum. On behalf o f this Baltim ore NFP black history m useum , we drafted and secured enactm ent o f legislation designating the facility as a National M useum and authorizing a m ulti-m illion funding stream. W e also obtained appropriations from Congress to fund expansion o f the museum. Langston G olf Course. W e obtained appropriations for the Langston in the 21st Century Project, a collaborative NFP initiative involving Howard U niversity and the N ational Park Service to extend sports and learning program s to W ashington, DC inner-city youth utilizing the historic Langston G olf Course. N ational M aritim e H eritage Foundation. W e obtained appropriations for this NFP foundation w hich is raising fimds to construct a tall ship in W ashington, DC and provide m aritim e heritage education program s for at-risk youth. N ational M useum o f A frican Am erican H istory and C ulture. A fter the required legislation to establish a Sm ithsonian N ational M useum o f A frican A m erican H istory and Culture had failed to gain sufficient support follow ing 13 years o f consideration, we launched an advocacy cam paign on behalf o f a NFP coalition o f A frican Am erican history advocates. We succeeded in securing passage o f legislation authorizing establishm ent o f the new museum, together with appropriations. Potom ac H eritage Partnership. On behalf o f the NFP Potom ac Heritage Partnership (PHP), we obtained first-ever funding from Congress for the Potom ac Heritage N ational Scenic Trail, 16 years after the trail was designated by Congress, and have helped to obtain continued funding. W e also obtained appropriations to fund PH P's own historic, cultural and natural resources program s, and additional appropriations for federal government efforts in the Potom ac River basin in w hich PHP is involved. 7.2.1.4. K-12 education program s. Capitol Education Fund. W e obtained appropriations to fund K-12 educational system im provem ents in W ashington, DC. The Learning Collaborative. W e have obtained $1.75 m illion in appropriations to im plem ent a web portal-based educational system throughout the state o f Indiana. Levine School o f M usic. W e obtained appropriations for a music education program to benefit W ashington, DC charter school students. 7.2.1.5. H ealth related projects. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 18 o f 43 Catholic H ealth Initiatives. Inc. W e represent this NFP organization operating 118 m edical centers and health care clinics in 19 states. We have assisted by preparing comprehensive appropriations and grant advocacy publications for the benefit o f all the organization's CEOs, and we m onitor and advise the client on federal funding opportunities. H alifax Regional Health System. Inc. W e have obtained initial approval o f appropriations to fund inform ation technology upgrades for this rural NFP V irginia health system. W hitm an-W alker Clinic. W ashington. DC. W e have provided advice to the clinic concerning use o f Departm ent o f Justice grants for clinical program s to benefit AIDS patients. 7.2.1.6. Programs for women. Afghan W om en's Leadership Training Program. W e obtained $2 m illion in appropriations for the International W omen's Foundation to establish a program o f leadership training for women and girls in Afghanistan following the removal o f the Taliban from power. B illie Jean King's W omen's Snorts Foundation. W e have obtained $1.5 m illion in appropriations for a program o f this NFP organization founded by tennis legend Billie Jean King for youth ages eight to 18 designed to prevent dropout, truancy, crime, violence and drug abuse by prom oting participation in physical activity and sports. Congressional W ives' Club. Patton Boggs is assisting the century-old Congressional Club, w hose m em bers include the spouses o f M embers o f Congress and Senators, Supreme Court Justices, and M embers o f the President's Cabinet. Among other efforts, are w orking w ith the D epartm ent o f the Interior to designate the Club's headquarters in W ashington as a N ational H istoric Landmark. H arvard W om en's Leadership Training Program . On behalf o f the International W om en's Foundation, we obtained an appropriation to expand a women's leadership training program at H arvard's Kennedy School o f Government. M entoring for Girls w ithout Fathers. On behalf o f Team Focus, a NFP mentoring organization for boys w ithout fathers, we are assisting with developm ent o f a sim ilar program for girls. N ational M useum o f W omen in the A rts. W e obtained an appropriation for this W ashington, D.C. m useum for developm ent o f exhibits. 7.2.2. Patton Boggs' experience working with the M issouri Congressional delegation, relevant authorizing committees and Executive Branch agencies. M issouri Congressional Delegation. W e have experience working successfully w ith the M issouri Congressional delegation, both Republicans and Democrats. Our attorneys have w orked w ith Representative Roy B lunt (R-MO), and we are working closely w ith Representative RESPONSE OF PAXTON BOGGS LLP TO RFP #3876-17 Page 19 o f 43 Jo A nn Em erson (R-M O) on funding for an initiative addressing the problem o f fatherless young m en in M issouri. W e have also worked successfully over the years with Senator K it B ond (RM O), m ore recently w ith Senator Claire M cCaskill (D-M O), and w ith other members o f the M issouri Congressional delegation. A dditionally, our attorneys have p re s e n te d the M issouri Republican State Committee, and the political com m ittee o f Representative K enny H ulshof (R-M O). Relevant A uthorizing Committees. W e regularly practice before every committee o f Congress and our attorneys have developed close w orking relations w ith committee members and their staff. These extensive working relationships have developed because o f our favorable reputation for substantive expertise and integrity. Our attorneys have been directly involved in education policy issues and have actively lobbied issues involving the H igher Education A ct amendments. Our form er (now retired) partner W illiam Ford (D-M I) served for m any years as Chairman o f the House Education and Labor Com m ittee. Through these relationships we have developed a strong understanding and fam iliarity w ith education issues and w ith the relevant decision makers active in forming higher education policy. In representing M issouri State before Congress, w e w ould coordinate our efforts closely with H ouse and Senate m em bers o f relevant authorizing com m ittees, as follows: W e would w ork w ith members and staff o f the Senate Committee on Health, Education, Labor and Pensions, and the House Com m ittee on Education and Labor, the two prim ary com m ittees w ith jurisdiction over higher education related m atters. These committees are responsible for handling reauthorization o f the H igher Education Act. W e would work w ith members and staff o f the House Science and Technology Com m ittee and the Senate Commerce, Science and Transportation Committee to advance M issouri State's objectives related to scientific research programs. In particular, we w ould w ork w ith Representatives Russ Carnahan (D-MO) and Todd Akin (R-M O), both m em bers o f the House Science and Technology Committee, and Senator M cCaskill, a m em ber o f the Senate Commerce, Science and Transportation Committee. W e would w ork w ith members and staff o f the House Ways and M eans Committee and Senate Finance Committee, which have jurisdiction over health related research program s. In particular, we would w ork w ith Representative Hulshof, a member o f the W ays and M eans Committee. W e would also expect to w ork w ith members and staff o f the House Energy and Com m erce Committee, w hich has jurisdiction over many federally funded health and environm ental program s that could be o f direct value to M issouri State. W e would plan to work w ith R epresentative Blunt, a m em ber o f this committee, as w ell as R epresentative K aren M cCarthy (D-M O), also a committee member. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 20 o f 43 Executive branch agencies. W e regularly attend m eetings and conferences w ith executive branch agencies including the U.S. Departm ent o f Education, W hite House, and other departm ents and agencies. W e w ould plan to work w ith relevant agencies on M issouri State's behalf, and arrange introductions as appropriate for M issouri State officials with pertinent agencies. Our team for the M issouri State representation w ill benefit from the experience o f our attorneys who have previously served in the highest levels o f the federal service. Current Patton Boggs attorneys include the form er Secretary o f Transportation (Clinton Adm inistration), Adm inistrator o f the Federal Highway Adm inistration (Clinton Administration), Senior Advisor to the Secretary o f State (Bush I and Clinton Adm inistrations), U.S. A rm y's Judge Advocate General (Clinton Adm inistration), and several senior W hite House staff (Carter, Reagan, Bush I and Clinton Adm inistrations). These attorneys can advise the M issouri State team as appropriate. A dditionally, as is noted in Part Four, |9 .3 below addressing potential agricultural initiatives o f M issouri State, form er Patton Boggs attorney Ann Veneman has served as U.S. Secretary o f A griculture. W e would expect to use our experience and contacts to help M issouri State present its agenda to key players in the Executive Branch, 7.3 Past and current clients who are sim ilar in size, scone, and m ission to M issouri State. W e have assisted numerous higher education clients, both state universities and private institutions. The following is a list o f higher education clients o f Patton Boggs: A m erican A ssem bly o f Collegiate Schools A m erican U niversity in Cairo A m erican U niversity o f Rome Andrews U niversity v A rkansas State University A ssociation o f Am erican M edical Colleges B arat College Boston U niversity C alifornia Community College C alifornia State U niversity City U niversity o f New York Cornell U niversity Duke U niversity Em ory U niversity G arden C ity Com m unity College George M ason U niversity George W ashington U niversity Hospital G eorgetown U niversity Georgetown U niversity Law Center Johns Hopkins University Landsdow ne College Lehigh U niversity Loyola College o f M aryland Loyola University o f Louisiana M akerere University M organ State U niversity National Association o f Independent Colleges N ova Southeastern University Oakwood College Regent University Rockhurst College Southern M ethodist University Southwest Texas University St. Louis University Strayer Business College Strayer College Temple University Trustees o f State Colleges in Colorado U niversity o f Alberta Law School U niversity o f Arizona U niversity o f Colorado (Denver) U niversity o f Colorado (Boulder) University o f Hawaii U niversity o f M aryland University o f M ichigan RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 21 o f 43 U niversity o f M issouri (Columbia) U niversity o f New Haven U niversity o f Phoenix U niversity o f Pittsburgh U niversity o f W isconsin (M adison) Vermont Law School V illa Julie College V irginia Community College System W ake Forest University W ashington College (M aryland) Examples o f our w ork for higher education clients. Patton Boggs has had extensive experience identifying and securing funding for colleges and universities, particularly those w ith a substantial public research focus. Specific exam ples o f successes by Patton Boggs on behalf o f com m unity colleges, four-year colleges and universities, and graduate education institutions by Patton Boggs include the following: W hen we began w orking w ith George M ason University, it had no federal relations program. W orking together, we have secured over $75 m illion on a wide range o f initiatives, from a critical infrastructure protection program, to a business technology program , to NASA research, as w ell as Intelligent Transportation Systems research. W e helped to obtain $50 m illion for the U niversity o f M aryland's Christopher Columbus Center for M arine Biotechnology. W e secured $ 10 m illion for Loyola U niversity to establish a literacy center. W e secured $12 m illion on behalf o f the U niversity o f A rizona for the M orris K. Udall C enter. W e obtained $1.5 m illion for V illa Julie College for a technology training initiative. W e secured $12.5 m illion for the M assachusetts M aritime Academy, and a ship for it to convert to use as a training vessel. W e have assisted N ova Southeastern U niversity w ith a range o f successful appropriations projects. W e have assisted Verm ont Law School with appropriations projects involving an international exchange program and establishm ent o f an on-campus environmental center. W e have obtained $8 m illion in appropriations for a variety o f projects to benefit the V irginia Com m unity C ollege System. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f B lue Ridge Community College, and are seeking funds for an aviation training program . W e have obtained three consecutive annual appropriations for developm ent o f an employm ent training center, as w ell as appropriations for distance learning and web portal-based projects on behalf o f D abney S. Lancaster Community College. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 22 o f 43 W e have obtained appropriations for employment assistance projects as well as distance learning and web portal-based projects on behalf o f Danville Community College. W e have obtained appropriations for an employment training program and healthcare laboratory, as well as for distance learning and web portal-based projects on behalf o f Eastern Shore Community College. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f Germanna Community College, and are seeking funds for a nursing program . W e have obtained appropriations for distance learning and web portal-based projects on behalf o f J. Sargeant Reynolds Community College, and are seeking funding for health care facilities. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f John Tyler Community College, and are working to fund a Hispanic community outreach initiative. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f Lord Fairfax Community College, and are seeking funding for economic developm ent and w orkforce training program. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f M ountain Em pire Community College, and are seeking funding for health care services programs. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f New R iver Community College, and are seeking funds for a coal industry workforce training initiative. On b ehalf o f N orthern V irginia Community College, we have obtained appropriations for construction o f a technology building, for a biotechnology industry research initiative, and for distance learning and web portal-based projects, and we are seeking funding for a m ilitary health care pilot project. W e have obtained appropriations for distance learning and web portal-based projects and a m otorsports center on behalf o f Patrick H enry Community College. W e have obtained appropriations for purchase o f equipment and for a distance learning program on b ehalf o f Piedm ont Community College. W e have obtained appropriations for distance learning and web portal-based projects on behalf o f Thomas N elson Community College, and are seeking funds for a welcom e center. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 23 o f 43 W e have obtained appropriations for distance learning and web portal-based projects on behalf o f W ytheville Com m unity College, and are seeking funds for a new arts center. W e have also successfully represented a number o f other universities on discrete projects, including complex regulatory m atters. In addition, we have developed partnership opportunities w ith agencies supervising large contractors, such as the D epartm ent o f D efense and IRS, and w ith large corporations that contract with the government, including PriceW aterhouse and EDS. 7.4 Contact inform ation for Patton Boggs client references. V irginia Com m unity College System 101 N orth 14th Street, 15th Floor Richmond, V irginia 23219 Contact: Dr. Glenn DuBois, C hancellor Telephone:. (804) 819-4901 E-mail: gdubois@ vccs.edu Langston in the 21st Century Project and Team Focus. Inc. d o D epartm ent o f Physical Education and Recreation Howard U niversity 6th & G irard St., N.W . W ashington, DC 20059 Contact: Professor M arshall Banks, Ph.D. (Board member o f both Langston in the 21st Century Project and Team Focus, Inc.) Telephone: (202) 806-7150 E-mail: m arshallbanks@ com cast.net C ity o f A goura Hills 30001 Ladyface Court Agoura H ills, California 91301 Contact: Greg Ram irez, C ity M anager Telephone: (818)597-7300 E-mail: gram irez@ ci.agoura-hills.ca.us 7.5 Biographical inform ation on Patton Boggs and on the personnel who w ould be providing services to M issouri State. Background on Patton Boggs. Patton Boggs was founded in 1962 as a public policy and international law firm w ith our principal office in W ashington, D.C. It was the first m ajor law firm to recognize the im portance o f integrating public policy expertise w ith a traditional legal practice so as to provide clients w ith the m ost complete representation. Thus, by design, w e are a firm that combines know ledge o f the workings o f governments w ith legal counseling and litigation, an essential com bination o f skills to achieve results in W ashington and around the w orld. Today, the firm employs over 500 attorneys and public policy specialists. O ur expertise and areas o f practice have grown commensurately. Along with our principal office in RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 24 o f 43 W ashington, we have offices in Doha, Qatar; New York City; Newark, New Jersey; Denver, Colorado; Dallas, Texas; N orthern V irginia; and Anchorage, Alaska. Patton Boggs is widely regarded as W ashington's prem ier public policy law firm. In our public policy practice, we p r e s e n t clients before the Congress, the departments com prising the executive branch o f the government, various independent regulatory agencies, and international regulatory bodies. Our ability to achieve the best results for public policy clients is enhanced by the fact that our professionals have served as M embers o f Congress, as Ambassadors and as staff members in the Executive Office o f the President, in Congressional offices and in adm inistrative and regulatory agencies. The collective experiences o f these individuals provide us w ith a broad understanding o f how each o f the m any institutions o f the government functions. Because w e also advise clients extensively in m any traditional and emerging areas o f substantive law, w e are able to combine our understanding o f the decision-making process o f the governm ent w ith expertise in underlying legal and policy areas. This combination o f subject m atter expertise and knowledge o f governm ental processes enhances our ability not sim ply to achieve a successful result, but to do so in a m anner that promotes each client's long-term interests and reputation among policy m akers and others, Patton B ones personnel to provide services to M issouri State. W e propose to assign to the M issouri State representation some o f our firm 's m ost talented and accomplished public policy professionals. Our team w ill be led by Patton Boggs partner Tom Downs. Tom has over 22 years o f experience in public policy and Congressional appropriations experience - including over 10 years o f service to House and Senate mem bers, including members o f the appropriations com m ittees, and over 12 years at Patton Boggs representing universities, community colleges, graduate schools, NFP institutions, public agencies, and other clients in public policy m atters. H is b rie f biography follows. Thomas C. Downs has represented the V irginia Community College System, Nova Southeastern U niversity, Shepard Broad Law Center, and Vermont Law School on Congressional appropriations and Executive Branch m atters. Additionally, he represents m unicipal governm ents in Florida, Louisiana, Texas and California, and NFP organizations in Oklahoma, California, Nebraska, Iowa, W est V irginia, Alabama, M aryland, and the D istrict o f Columbia in legislative and funding m atters. Tom has been successful in obtaining substantial appropriations and grants for clients. Before joining Patton Boggs in 1995, he worked for over 10 years on Capitol H ill, including service as C hief o f S taff to a U.S. Representative and in the office o f the third ranking m em ber o f the Senate A ppropriations Committee. Tom Downs w ill lead and coordinate the M issouri State representation, and act as Patton Boggs' day-to-day contact w ith M issouri State's O ffice o f Government Relations and O ffice o f the President. Tom w ill work w ith a team o f Patton Boggs professionals who offer experience in the appropriations process, w ith legislative issues and executive branch contacts, and in representation o f universities, public agencies and NFP institutions. The following w ill be am ong the core team available to serve M issouri State: Sarah G. Vilm s assists a variety o f clients on appropriations and other public policy m atters, including colleges and universities. She has been a member of the team for representation o f the RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 25 o f 43 V irginia Com m unity College System, Nova Southeastern University, and Shepard Broad Law Center. Sarah previously worked in the U.S. Senate. W illiam E. Bright III assists higher education and NFP clients w ith appropriations and other m atters involving Congressional offices. Bill has served on the Patton Boggs team for representation o f Verm ont Law School, among other education related projects. Before joining Patton Boggs in 1999, Bill served as a legislative aide to the third ranking m ember o f the Senate A ppropriations Committee. M avra M artinez-Fem andez assists clients w ith federal funding m atters and other public policy projects, and w orks closely w ith the m embers o f the Congressional Hispanic Caucus and national organizations advocating for Latino interests. She previously served as a senior W hite House advisor on Hispanic affairs. Col. John C. Garrett. USMC (Ret.! assists w ith projects involving m ilitary programs, international security assistance, homeland defense, and other m atters involving Congress, the Departm ent o f Defense, State Departm ent and other agencies. John previously served for 27 years in the M arine Corps, including assignments in the Pentagon and in combat positions in several theaters o f operation, from the V iet Nam conflict to Somalia peacekeeping operations. Stephanie Peters represents a variety o f clients on legislative and policy m atters, and works closely w ith the members o f the Congressional Black Caucus. She previously served in key positions in the Senate and House o f Representatives. Pam ela K. W elsh assists clients w ith the research, developm ent and im plem entation o f legislative strategy in a variety o f policy areas, Pam ela has experience in a wide range o f policy areas including transportation, housing, education, social services, environment and water resources. She focuses on securing federal funding for clients through appropriations and authorizations as w ell as agency discretionary and com petitive programs. Resumes for these professionals are provided on the following pages. In addition to these professionals, other Patton Boggs attorneys and consultants w ill be available to assist w ith M issouri State projects. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 26 o f 43 Education American University Washington College of Law, J.D., 1994 Brown University, B.A., 1983 Bar Admissions District of Columbia Thomas Downs handies high-profile matters involving Washington representation of corporations, nonprofit organizations, municipal governments, and educational institutions. He focuses on Congressional legislation, appropriations, grants, and partnerships involving federal agencies. Mr. Downs draws on more than a decade of experience as a senior legislative aide on Capitol Hill and employs creative and innovative approaches in representing clients before the federal government As a result of his profound knowledge and broad experience, M r. Downs has led a variety of successful public policy initiatives on behalf of clients. Representative Matters: Municipal Governm ent Representation: Obtained legislative authorization, appropriations, and grants for priority projects on behalf of cities, counties, regional councils of governments, special municipal authorities, and other governmental bodies. Mr. Downs has led public policy initiatives benefiting municipalities in California, Florida, Georgia, Louisiana, Maryland, Texas, and V irg in ia . Technology Initiatives: Obtained more than $8 million in Congressional appropriations and established collaborative relationships with federal agencies on behalf of corporate and not-for-profit clients to advance leading-edge information technologies and systems. Youth and Fam ily Service: Led public policy efforts and secured more than $7 million in appropriations on behalf of national, regional, faith-based, and community organizations that serve at-risk youths and their fam ilies through treatm ent, counseling, mentoring, and other services. Transportation: Obtained legislative authorization and appropriations of more than $15 million for highway projects, intelligent transportation systems, and other transportation improvements on behalf of clients in several states. Educational Programs: Obtained more than $15 million in appropriations to improve learning systems and educational programs for public school systems, universities, community colleges, and nonprofit educational organizations. Health C are Organizations: On behalf of health systems, hospitals, medical research, and health care advocacy organizations operating in 20 states, provided advice and counsel on public policy matters and obtained federal funding. ARTICLES Contributing author: Environmental Law Reporter (1999, 2000 and 2002) RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Tulane Environmental Law Journal (1995) The American University Law R eview (1992) Pesticide Law Handbook (1999) www.pattonboggs.com Page 27 o f 43 RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 28 o f 43 PATTON BOGGS LLP A T T O f i N F V S AT U W www. pat to n bo g 0 5 .c o m : SARAH GROOTHUIS VILMS Public Policy Advisor Appropriations Government Contracts T ransportation and Infrastructure Public Policy and Lobbying 255 0 M Street, NW W ashington, DC 20037 T: 202-457-5248 F: 202-457-6315 sviims @pattonboggs.com Education Brown University, B.A., 1993 Sarah Vilms provides legislative advocacy and congressional strategy on behalf of clients including corporations, hospitals, universities, municipalities and technology firms. Her experience includes more than 13 years in health care, environmental, education, homeland security and sporting issues, among other areas. Ms. Vilms concentrates on Federal appropriations, particularly focusing on House and Senate Appropriations Committees and select Congressional delegations. Ms. Vilms also provides agency strategy recommendations for clients, lobbying more than 25 federal and state agencies, state governments and associations. Before joining Patton Boggs, Ms. Vilms was the mergers and acquisitions specialist for the Health C are Advisory Board, where she researched bestdemonstrated practices of hospitals and health systems throughout the United States. Ms. Vilms also gained experience in the offices of U.S. Senator Joseph Lieberman (D -C T), U.S. Congresswoman Barbara Kennelly (D-CT) and Australian Mem ber of Parliament, Michael Photios, Chairman of the Environment Com m ittee, in Sydney, Representative Matters: Legislative representation concerning congressional appropriations. From FV '0 3 thru FY '06, Ms. Vilm s successfully assisted clients in obtaining more than $16 million in congressional appropriations for education, health care, homeland security, technology and other interests. Government contracts identification and response assistance; Federal grants identification and analysis. Legislative representation concerning tech and bio-tech, homeland security technologies, educational technologies, environmental funding, transportation issues, FEMA and SBA insurance claims needs, health care information technology, sports foundations and related areas. Environmental archival research successfully contributing to one of the largest settlements ever obtained from the federal government concerning a $164 million Superfund w ater quality remediation. ARTICLES Homeland Security Presentation for The 2003 National Conference on incident Command for Emergency Response, with Colonel John C. Garrett (USM CRET) Contributing consultant, 'T h e Rising Tide: Emergence of a New Competitive Standard in Health C are," The Health Care Advisory Board, publication, (1996) www.pattonbogg5.com RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 29 o f 43 2550 M Street, NW Washington, D C 20037 T: 202-457-5659 F: 202-457-6315 w bhght@ pattonboggs.com Education University of Vermont, B.A., 1991 www.pattonboggs.com Bill Bright advises clients on issues involving public policy work, with a particular focus on Judiciary and Com merce Committee legislative issues in the U .S. House of Representatives and the U .S. Senate. Mr. Bright brings an insider's understanding of the legislative process to bear for his clients, working to bring their legislative concerns and issues to the forefront of current policy debate. Mr. Bright represents a wide range of clients including trade associations, professional athlete unions, telecommunications companies, entertainm ent industry companies and associations, and advertising professionals on Capitol Hill and before the Administration. During his six year tenure as a staffer on the Senate Judiciary Com mittee, Mr. Bright assisted the Com m ittee as m ajor legislation, including the 1994 Crim e Bill and 1996 Immigration Reform bill, were considered. He also worked on Constitutional issues that came before the Committee, including the Senate Im peachment trial of President Clinton in 1999. Professional A ffiliations: Washington Government Relations Group, 2002-present University of Vermont DC Alumni Board of Directors, 2004-present RESPONSE OF PATTON BOGGS LLP TO REP #3876-17 Page 30 o f 43 PATTON BOGGS LLP JUTORNEVS ill LAW wvo w . p a t t o n b o g g s . c o m f ilP ' V MAYRA L. MARTINEZ-FERNANDEZ Senior Policy Advisor Sovereign Representation Municipal Representation Public Policy and Lobbying 2550 M Street, NW Washington, DC 20037 T: 202-457-6445 F: 202-457-6315 mm artinez @pattonboggs.com ] Education Georgetown University, Certificate Program in Legislative Studies, 2005 University of Wisconsin at Madison, M.A., 1986 University of Wisconsin at Madison, B.A., 1984 As senior policy advisor, Mayra Martinez-Fem ndez provides strategic advice on key issues in a range of areas, including sovereign representation, municipal representation, public policy and lobbying, transportation and infrastructure, Hispanic affairs, Inter-American policy and issues, with particular expertise on Puerto R ic o - and community and grassroots campaigns. From her extensive and diverse background of serving in senior roles in both government and the private non-profit sectors, Ms. Martinez-Fem ndez has successfully articulated the interests and positions of clients, including foreign countries and local governments, to more than 200 Congressional offices. She has also effectively identified federal funding opportunities for municipal and non profit clients. Applying her almost twenty years of experience, Ms. MartfnezFem ndez helps clients evaluate strategies in the areas of government relations, community relations, public relations, media relations, and public policy at the local, state and national levels. Before joining Patton Boggs, Ms. M artinez-Fem andez worked at the W hite House as senior policy advisor to President Clinton's interagency Group on Puerto Rico and Insular Areas. She also served as senior consultant to Puerto Rico's Mem ber of Congress and governor, and as director of communications for the Latino Institute in Chicago. In 2002, Hispanic Business Magazine named Ms. Martinez-Ferndndez one of the 100 Most Influential Hispanics in the United States. www.pattoribggs.com RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 31 o f 43 PATTON BOGGS LLP T O R N E S Al I.AW w w w . p a 11n ho g g s . c o m COLONEL JOHN C. GARRETT Senior Defense Policy Advisor Homeland Security, Defense, and Technofogy Transfer International Trade and Transactions Public Policy and Lobbying 2550 M Street, NW Washington, D C 20037 T: 202-457-5207 F: 202-457-6315 jgarrett pattonboggs.com Education Georgetown University, M.A., 1986 Virginia Polytechnic Institute and State University, B.S., 1969 Through daity contact with U .S. government requirements and procurement agencies, Col. John Garrett, USM C (retired) helps clients identity federal grants and contracting opportunities, for government projects in the United States and abroad. Dom estically, Col. Garrett's work focuses on programs and procurements in the homeland security arena; internationally, his efforts em phasize such areas as Iraq reconstruction and Afghanistan reconstruction. Once an opportunity is identified, Col. Garrett helps clients navigate the complex process of defining the government's specific program requirements and then developing comprehensive capability statements that communicate that the client provides the best value and is best able to meet government requirements. in nearly 30 years of developing relationships throughout the U.S. government and defense industry, Col. Garrett has developed strong networks with policy and decision makers in the U .S . Congress; the Departments of State, Defense and Energy; and the Departm ent of Homeland Security. The access that comes with these relationships allows Col. G arrett to know in advance-- and in detail-- how best to m eet the needs of each agency's procurement programs. Additionally, Col. G arrett assists clients in a variety of issues regarding export control and licensing, and enjoys unique access to key administrative professionals at the Directorate of Defense Trade Controls and to the key players at other agencies, including the Departments of Defense, State, and Commerce. His involvement with the DDTC enables him to regularly facilitate and expedite clients' export license applications for defense and security related articles and technologies. His association with policymakers allows him to successfully argue and prevail in removing presumptions of license denial for several countries to whom our clients now export millions of dollars in merchandise. Col. Garrett also serves foreign sovereign governments and their embassies in the planning and implementation of political, security and economic strategies as well as programs with the U .S. government and with U .S. commercial business and investm ent entities. In conjunction with Patton Boggs' vast network of international contacts, Col. Garrett develops joint venture partnerships and other relationships in virtually all fields of commercial endeavor, to include security/defense, infrastructure, and logistics. ARTICLES Middle East Contracting Newsletter - May 2006 May 2006 Middle East Contracting Newsletter - January 2006 RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 32 o f 43 January 2006 Middle East Contracting Newsletter - September 2005 Septem ber 2005 Speaker, "Contracting with the United States Government in the Middle East: Fundamentals of Understanding and Making the United States Procurement Process Work for You," Doha, Q atar (May 2005) C o l . Garrett is a regular commentator on The Fox News Channel, presenting observations and analysis on the war on terrorism, Operation Enduring Freedom, Operation Iraqi Freedom, and a range of topics relating to national and homeland security. He was Dan Rather's featured guest on 60 M inutes il, regarding the history of U .S. anti-terrorism programs. He has also appeared on Radio America and Canada TV regarding Operation Iraqi Freedom. Col. Garrett is a mem ber of the Department of Defense Media Military Analysts Group, which receives weekly access and briefings with the secretary of Defense, chairman of the Joint Chiefs of Staff, and other high level poficymakers in the Administration. He is also a frequent speaker and panelist on homeland security, Iraq reconstruction, and national security at conferences and seminars throughout the country. www.pattonbogge.com RESPONSE OF PATTON BOGGS LLP TO REP #3876-17 Page 33 o f 43 Education George Washington University, M.A., 1997 Georgetown University Law Center, J.D., 1990 Ohio State University, B.A., 1986 Bar Admissions District of Columbia Pennsylvania Awards and Honors 2002 Patton Boggs LLP Pro Bono Award Stephanie Peters assists clients with legislative matters before the Judiciary, Commerce and international Relations Committees in both the U.S. House and Senate. She provides legal advice and legislative counsel to corporate and trade association clients on issues involving intellectual property rights, the Internet, immigration, telecom munications and appropriations. Ms. Peters educates members of Congress and the administration on behalf of foreign government clients. She also devotes significant tim e to the representation of clients under the Patton Boggs pro bono program where she focuses on refugees, human rights, global development and the digital divide. Previously, Ms. Peters served as minority counsel to the democratic members of the House Judiciary Com m ittee on issues relating to intellectual property, the federal courts, immigration and refugee policy, constitutional amendments, telecommunications, and private claim s bills. She has participated and led a number of staff and congressional delegations to seven countries in Africa, Haiti, Azerbaijan, Russia, Italy, and Canada. During the impeachment of President Clinton, Ms. Peters researched and edited the Staff Com mittee report, advised Democratic Members on the constitutional standards for impeachment, and counseled Members during the floor debate and final vote on the Articles of Impeachment Before her experience on Capitol Hill, Ms. Peters served as an attorney-advisor in the Office of the General Counsel at the U. S. Office of Personnel Management (O PM ), where she was responsible for the agency's compliance with the Freedom of Information Act (FOtA) and the Privacy Act, including appeals, advisory opinions and litigation. She represented the agency in federal employment litigation and supervised the agency's responsibility under the Voting Rights Act. W hile attending law school, Ms. Peters served as Law Clerk to the Senate Judiciary Subcommittee on Technology and the Law. Professional Affiliations: Vice President, Washington Government Relations Group (W GRG) Board of Directors, U .S.A . for United Nations High Commissioner for Refugees Mem ber, W omen Foreign Policy Group A R T IC L E S Lecturer, "International Refugee Law," Hebrew University, Jerusalem, Israel, (January 2003). RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 34 o f 43 Training Consultant, "Hebrew Immigrant Aid Society: Advocacy, Strategy and Message Development Training for Ethiopian Israelis," Jerusalem, Israel, (August 2001 and January 2003), Training Consultant, UNHCR Micro-credit Mission, Kigali, Rwanda, (July 2003). Lecturer, "International Protection of Refugees and Displaced Persons," American University School of Law, (Fall 2003). Participant, Women W aging Peace Policy Day, Harvard University. www.pattonboggs.com RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 35 o f 43 PATTON BOGGSup A T T O B N E V S jU U W w w w . pa 11d nbaggs.com Education Eastern Michigan University, B.S.,1992 www.pattonboggs.com PAMELA K. WELSH Public Policy Advisor Appropriations Municipal Representation Public Policy and Lobbying 2550 M Street, NW W ashington, DC 20037 T: 202-457-6493 F: 202-457-6315 pvyelsh@ pattonboggs.com _________________________________________________________ _______________ Ms. W elsh assists clients with the research, development and implementation of legislative strategy in a variety of policy areas. Her advocacy efforts are targeted primarily municipal governments, universities and not-for-profit entities. Ms. W elsh works closely with Congressional staff and executive agencies on behalf of her clients to advance their federal legislative agendas. She has experience in a wide range of policy areas including homeland security, transportation, housing, education, social services, postal reform, environment and w ater resources. Ms. W elsh focuses on securing federal funding for her clients through Congressional appropriations and authorizations as well as executive agency discretionary and competitive programs. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 36 o f 43 7.6 Patton Boggs* web site address. w w w .pattonboggs.com 8. Patton Boggs* Plan for Perform ing the Requirem ents o f the RFP. Our effective client representation is a result o f developing a complete understanding o f the client, its concerns and needs, as well as a personal relationship with the client's designated representatives. From our point o f view, the key to success is our ability to build a close working relationship w ith the client's key representative or representatives. W e would seek to develop such relationships w ith M issouri State officials, and would implement the following m easures: Prioritization o f M issouri State's objectives. W e would work with you to prioritize your needs in connection with the government. This would involve carefully reviewing M issouri State's specific funding and/or technical assistance needs in connection w ith its physical plant, curriculum , special initiatives, and other areas. W e look forward to visiting w ith M issouri State personnel to evaluate your needs. Comprehensive review o f M issouri State program s. A fter we closely define your priority goals, we would conduct a comprehensive review o f program s within the areas for w hich you are seeking representation and funding. W e would then identify opportunities w hich would allow us to accomplish the identified goals. It m ay be that an existing grant program provides the right approach. In other cases, line-item funding in an appropriations bill or an amendment to an authorization bill w ill accom plish w hat w e try to achieve. In either case, we w ill work w ith you to develop and im plem ent the final strategy. Appropriations lobbying campaign. In the course o f this representation, Patton Boggs w ill assist M issouri State by seeking Congressional appropriations for your priority objectives. This will involve initial planning, research and coordination w ith you early in the fiscal cycle, and active lobbying efforts throughout each session o f Congress. W e anticipate that our w ork in pursuing these funds w ill include the following components: W e w ill research and evaluate M issouri State's plans for key programs and initiatives, and the likely educational, economic and other societal benefits. W e w ill work w ith you to develop a list o f priority projects for appropriations; we expect to recommend seeking funding for m ultiple M issouri State projects on an annual basis. Based on our research and consultation, we w ill prepare background m aterials for use in our briefings for Congressional and Executive Branch offices, and other potential allies at the national level. W e expect to revise and update these background m aterials as necessary to advance our efforts to obtain funding for M issouri State's program s. We w ill work w ith you to develop and refine these materials. W e w ill m eet periodically w ith Congressional offices to develop and pursue appropriations requests. This w ill include M issouri Congressional delegation offices, A ppropriations Committee members and staff, and other appropriate offices. W e expect RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 37 o f 43 to hold ongoing m eetings, provide updates, and m ake other necessary contacts w ith each o f the relevant Congressional offices throughout the appropriations cycle. W e w ill assist Congressional offices in preparation o f correspondence and necessary form s and other docum entation required by the House and Senate Appropriations Committees. W e w ill supply Congressional offices with information and advocacy m aterials for their use at each critical stage o f the appropriations process, including subcomm ittee hearings, subcomm ittee markup sessions and full appropriations com m ittee consideration, through final House-Senate conference committee action. Grants research and analysis. W e w ill provide counsel on development o f strategic grant proposals and provide liaison services to grant making agencies. We find that linking university grants to agency m issions and priorities is critical, as all agencies look m ore favorably on proposals w hich directly address their m ost im portant concerns. Similarly, knowing who the key decision-m akers are in an organization is equally important, and we are prepared to invest adequate resources in this area. Federal government liaison services. W e also propose to serve as M issouri State's liaison with all offices on m atters that concern the University. W e w ill make introductions for M issouri State officials w ith appropriate officials; draft correspondence from M issouri State to key decision makers; help prepare M issouri State testim ony to be presented at hearings before Congress and Executive Branch agencies; and report to you on em erging initiatives in the areas that are o f greatest interest to you. In essence, w e propose to serve as M issouri State's "W ashington office," and our state-of-the-art office facilities in downtown W ashington w ill always be available to you. 9. Additional Q ualifications. W e are providing the follow ing additional inform ation about Patton Boggs' know ledge and experience relevant to M issouri State, and our capability to effectively serve M issouri State in W ashington. 9.1 O ur know ledge o f M issouri State and ideas for potential federal initiatives. W e are very encouraged by M issouri State's emphasis on public affairs as a them e cutting across all academ ic disciplines. W e find this approach to be compatible with our own practice. Patton Boggs em phasizes public policy, and this practice area is interrelated w ith every other field o f law in w hich our attorneys practice. W e are also encouraged by M issouri State's objective to encourage statew ide outreach and collaboration w ith other NFP institutions. W e believe that this collaborative approach w ill lead to opportunities for funding through Congressional appropriations. The follow ing outlines several areas in which we believe Patton Boggs is particularly qualified to assist M issouri State. Professional Education. W e believe that the goals o f m eeting the growing challenges o f education and satisfying new teacher certification requirements are objectives that could lead to federally funded projects. For example, these goals could be manifested in program s and initiatives to be fiinded through grants under the No Child Left Behind Act o f 2001. W e also RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 38 o f 43 believe that M issouri State could provide a m odel o f collaborative higher education program s for review when Congress considers reauthorization o f the Higher Education Act. H ealth. W e believe that M issouri State's program s involving partnerships with other organizations in the region and plans to address the health needs o f the community could provide for projects to be funded by Congress. W e have been successful in obtaining Congressional appropriations for com m unity health and social services initiatives o f NFP organizations, including youth and fam ily services program s, juvenile justice projects, mental health services, and construction o f health related facilities. Business and Economic Developm ent. M issouri State's emphasis on developing business and economic developm ent program s such as occupational training, international business program s, and inform ation technology are areas in which we can be successful in obtaining funding. We have obtained funding for sim ilar program s at other NFP organizations, including employment training and econom ic developm ent program s for V irginia's community colleges, a business technology program at George M ason University, and a technology training initiative at V illa Julie College. Creative A rts. W e are excited by the focus on M issouri heritage as expressed through all art forms, and believe that w e can assist by pursuing funding in these areas. W e have been successful in obtaining funding for NFP institutions for projects in this arena, such as museum collections,, an international cultural and artistic exchange program involving the U.S. and Spain, and heritage tourism programs. Science and the Environm ent. W e believe that M issouri State's focus on the natural and cultural environm ent is another arena in which we can assist by seeking funding from Congress. We have been successful in obtaining funds for NFP institutions for a variety o f projects involving protection, preservation and prom otion o f natural and cultural resources. Examples o f our work include leveraging funds for com m unity ecotourism initiatives, acquisition o f ecologically significant lands in Florida, and an open space protection program in California. 9.2 O ur know ledge o f Southwest M issouri heritage, and our relevant experience. W e know that Southwest M issouri has a rich natural and cultural heritage, and w e believe that M issouri State could be successftil in leveraging federal funds for projects and initiatives associated w ith this heritage. In particular, the Ozark M ountains, believed to be A m erica's oldest m ountain range, offer a potential them atic area for focus in scientific research, community involvem ent, and heritage tourism prom otion. A dditionally, the presence o f the M ark Twain N ational Forest provides an im portant opportunity for M issouri State to link w ith personnel o f the USDA Forest Service and other agencies in W ashington, To give you a sense o f our experience working w ith clients on heritage-based projects, w e are providing the following list: W e assisted a client in leveraging funding and technical assistance related to conservation o f the Santa M onica M ountains range in California. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 39 o f 43 W e obtained federal funding for land acquisition and visitor access improvements in the St. John's River w atershed in Florida. W e assisted a NPF organization w ith a heritage-based rural economic developm ent initiative in the A ppalachian M ountain region in W est Virginia. W e assisted a higher education client by linking its environmental education programs w ith the Bush A dm inistration's W atershed Initiative involving m ultiple agencies, including the USDA Forest Service. W e obtained substantial Congressional appropriations for a NPF organization's heritage tourism and historic interpretation programs in the Potomac River corridor. W e assisted a local com m unity adjacent to the Ronald Reagan Presidential Library and M useum in Southern California w ith an effort to preserve a memorial greenbelt o f open space and agricultural land use w hile honoring the legacy and grave site o f President Ronald Reagan. 9.3 Patton Boggs' background in agriculture, and opportunities for M issouri State. A gricultural and rural developm ent are areas in which out professionals can be o f value to M issouri State. One o f our attorneys, Ann Veneman, specialized in agricultural and rural developm ent program s at Patton Boggs during the 1990s. She left our firm to accept the position o f C alifornia Secretary o f A griculture, and later served as U.S. Secretary o f Agriculture. We w ork successfully w ith the A griculture Secretary's office on public policy initiatives. W e would be pleased to assist M issouri State w ith relevant initiatives involving USDA and the H ouse and Senate A griculture Committees. W e believe that we could assist M issouri State by pursuing Congressional appropriations for agricultural initiatives. In doing so, w e would work closely with Representative Jo A nn Em erson (R-M O), a mem ber o f the H ouse A ppropriations Subcommittee on Agriculture. In view o f the fact that M issouri State's M ountain Grove and W est Plains campuses are both located in Congresswoman Em erson's district, we believe we could find worthwhile projects to be pursued w ith the assistance o f Congresswoman Emerson. W e would also plan to pursue such projects in close cooperation w ith Senator K it Bond, a member o f the Senate Appropriations Subcommittee on Agriculture. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 40 o f 43 9.4 Patton Boggs* representation o f M issouri clients. Over the years, Patton Boggs has represented numerous M issouri-based clients on public policy and other legal m atters, including the following: A llied Signal A erospace (Kansas City) Am erican Academy o f Nursing (Kansas City) Am erican Assem bly o f Collegiate Schools o f Business (St. Louis) A m erican Pad & Paper, Inc. (Kansas City) A nheuser Busch Companies (St. Louis) A pplntell, Inc. (W eldon Spring) Asarco - M issouri Lead D ivision (Bunker) Bed Rock, Inc. (Joplin) Brown Shoe Company (St. Louis) Brunson Instrum ent Company (Kansas City) Com m unity Blood Center (Kansas City) Dunham & Smith Agencies (St. Louis) Em erson Finance Co. (St. Louis) Everett Quarries Co. (Plattsburg) Farm land Industries (Kansas City) Ferrellgas Partners (Liberty) G am ey Companies (Kansas City) H allm ark Cards, Inc. (Kansas City) HBE Corporation (St. Louis) H ealth N et (Kansas City) H unt M idwest, Inc. (Kansas City) H ussm an Corporation (Bridgeton) I.H .P. Industrial, Inc. (St. Joseph) Interco, Inc. (St. Louis) Kansas City Area Transit Authority (Kansas City) Kennedy Capital M anagement, Inc. (St. Louis) M allinckrodt Group (St. Louis) M arion Laboratories (Kansas City) M ay Department Stores Co. (St. Louis) M idwest M ineral (M ount Vernon) M issouri Hospital Association (Jefferson City) M issouri Republican State Committee (Jefferson City) M onsanto Agricultural Co. (St. Louis) Peabody Holding Company (St. Louis) Petroleum Fuel & Terminal Co. (Clayton) Phoenix Networks Corp. (St. Louis) R alston Purina Company (St. Louis) Reintjes Services, Inc. (Kansas City) Rockhurst College (Kansas City) Sceptor Industries (Kansas City) Southwest Lime Q uarry (Springfield) Tetra Pak (Kansas City) Three S. Constructors, Inc. (Kansas City) U nited M issouri Bank (St. Louis) Visioncomm, Inc. (St. Charles) W ashington University (St. Louis) W ilcox Electric (Kansas City) 9.5 Patton B oggs' bipartisan public nolicv practice. Patton Boggs attorneys w ork closely w ith the political and legislative leadership o f both political parties. M any o f our attorneys have served in Republican or Democratic adm inistrations, as well as Congressional and campaign positions. W e use the talents and relationships o f these professionals to advance the interests o f our clients. A m ong our professionals w ith close Republican ties are: the former General Counsel to the R epublican N ational Committee; the General Counsel to the George W. Bush Presidential Cam paign; the general counsel to the Presidential Inaugural Committee for George W. Bush; the general counsel to the National Republican Senatorial Committee and National Republican Congressional Committee; a form er senior HUD official under the Reagan and Bush RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 41 o f 43 adm inistrations; the form er chief o f legislative affairs for (then Defense Secretary) D ick Cheney; and a form er senior attorney for the Republican staff o f the Senate A ppropriations Committee, among others. The follow ing are among our attorneys and specialists w ith close Dem ocratic ties: a former senator from Louisiana; the form er Secretary o f Transportation under President Clinton; a founding partner who has close relationships w ith the Democratic leadership o f the U.S. House and Senate; the form er Special Counsel to President Clinton; a form er appropriations staffer for the chairm an o f the Senate Com m erce-Justice-Science Appropriations Subcom m ittee; and several form er aides to the chairm an o f the Senate Judiciary Committee and the Senate Foreign O perations A ppropriations Committee. 9.6 M agazine and new spaper stories addressing Patton Boggs* public policy practice. Attached are reprints o f m agazine and newspaper feature stories addressing Patton Boggs reputation in the public policy arena. RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 42 of 43 PRICING PAGE 1. Original Contract Period: Patton Boggs provides the following pricing for the original contract period. 1.1 $7.000.00 firm , fixed price per m onth for consulting services as specified herein. 1.2 $300.00 guaranteed not-to-exceed price per trip, per person (for travel from the offeror's place o f business to Springfield, M issouri). 1.3 $150.00 firm , fixed per diem, per person (which shall include all other travelrelated expenses associated w ith providing consulting services in Springfield, M issouri). 1.4 A dditional expenses. The follow ing provides a list and a detailed estim ate o f additional expenses associated w ith the required services. Type o f Expense D ocum ents/conving/courier Expense Estim ate $15.00 Frequency o f Expense per m onth (average) Explanation: W e w ill invoice M issouri State for costs in obtaining documents needed to advance M issouri State's agenda, and in reproducing docum ents which we use as part o f our advocacy efforts. Type o f Expense Local Transportation Expense Estim ate $20.00 Frequency o f Expense per m onth (average) Explanation: W e w ill invoice M issouri State for taxicab costs for our travel to Congressional offices, executive branch agencies, and other offices in W ashington, D.C. Type o f Expense Phone/fax Expense Estim ate $15.00 Frequency o f Expense per m onth (average) E xplanation: We will invoice Missouri State for long distance telephone and fax transmission costs incurred in the course o f the Missouri State representation. RESPONSE OF PAXTON BOGGS LLP TO RFP #3876-17 Page 43 o f 43 PRICING PAGE (continued) 2. Renewal Options: The following provides the maximum percentage o f price increase applicable to contract renewal options. 2.1 1st Renewal Period (7/1/09 through 6/30/10): 10% o f original contract prices 2.2 2nd Renewal Period (7/1/10 through 6/30/11): 7.5% o f 1st renewal period prices 2.3 3rd Renewal Period (7/1/11 through 6/30/12): 5% o f 2nd renewal period prices 2.4 4th Renewal Period (7/1/12 through 6/30/13): 2.5% o f 3rd renewal period prices The offeror hereby affirms that the above pricing information is provided in accordance w ith the requirements, terms and conditions o f this Request for Proposal. Thomas C. Downs Authorized Signature Partner T itle Patton B oses LLP Company Name August 15.2007 Date UP A T T O R N E Y S AI LAVI 2550 M Street, N W W a shington , DC 20037-1350 202-457-6000 Facsim ile 202-457-6315 w w w .p a tto nb o g g s.com O ctober 11,2007 Thomas C Downs (202) 457-5634 tdowns@ pattonboggs.com Mr. Dave Yurchak Purchasing Office M issouri State University 901 South National Avenue Springfield, M O 65897 Re: Response of Patton Boggs LLP to Request for Proposal No. 3876-17 D ear Mr. Yurchak: This letter replies to your correspondence dated O ctober 11, 2007 concerning the response of Patton Boggs LLP to Missouri State University's Request for Proposal N o. 3876-17. Patton Boggs wishes to revise its Pricing Page information as contained in our response to RFP N o. 3876-17. Specifically, with regard to the Renewal O ption information set forth on page 43 o f Patton Boggs' response, we would like to provide the following adjusted response to the RFP. 2. Renewal Options: The following provides the maximum percentage of price increase applicable to contract renewal options. 2.1. 1st Renewal Period (7/1/09 through 6/30/10): 4% of original contract prices 2.2 2nd Renewal Period (7/1/10 through 6/30/11): 4% of 1st renewal period prices 2.3 3rd Renewal Period (7/1/11 through 6/30/12): 4% of 2nd renewal period prices 2.4 4th Renewal Period (7/1/12 through 6/30/13): 4% of 3rd renewal period prices Should you have any questions, please contact me. We appreciate your consideration. Sincerely, Thomas C Downs for Patton Boggs LLP cc: Paul Kincaid W a s h i n g t o n DC | Northern Virginia \ New Jersey | New York | Dallas Denver | Anchorage | Doha, Qatar RESPONSE OF PATTON BOGGS LLP TO RFP #3876-17 Page 42 o f 43 PRICING PAGE 1. Original Contract Period: Patton Boggs provides the following pricing for the original contract period. 1.1 $7.000.00 firm , fixed price per m onth for consulting services as specified herein. 1.2 $300.00 guaranteed not-to-exceed price per trip, per person (for travel from the offeror's place o f business to Springfield, M issouri). 1.3 $150.00 firm , fixed per diem , per person (which shall include all other travelrelated expenses associated w ith providing consulting services in Springfield, M issouri). 1.4 Additional expenses. The following provides a list and a detailed estim ate o f additional expenses associated w ith the required services. Type o f Expense D ocum ents/conving/courier Expense Estim ate $15.00 Frequency o f Expense per m onth (average! Explanation: W e w ill invoice M issouri State for costs in obtaining documents needed to advance M issouri State's agenda, and in reproducing docum ents which we use as part o f our advocacy efforts. Type o f Expense Local Transportation Expense Estim ate $20.00 Frequency o f Expense per month (average) Explanation: W e w ill invoice M issouri State for taxicab costs for our travel to Congressional offices, executive branch agencies, and other offices in W ashington, D.C. Type o f Expense Phone/fax Expense Estim ate $15.00 Frequency o f Expense per month (average! Explanation: We will invoice Missouri State for long distance telephone and fax transmission costs incurred in the course o f the Missouri State representation. REQUEST FOR PROPOSAL NUMBER 3876-17 FROM: M issouri State University Purchasing Office 901 South National Avenue Springfield, MO 65897 Telephone: (417) 836-5260 Facsimile: (417) 836-6583 Date: July 16,2007 D ate and Tim e R eturnable: 3:00 p.m ., A ugust 17,2007 Buyer: Dave Yurchak Telephone: (417) 836-5356 Page 1 o f 13 plus the attached TO : Patton Boggs LLP Attn: Thomas C. Downs 2550 M Street NW W ashington, D.C. 20037 CONSULTING SERVICES C ontract Period: From Ja n u a ry 1 ,2008 through Ju n e 30,2009 This document constitutes a request for com petitive, sealed proposals from qualified offerors to provide consulting services as specified herein, in accordance with the requirements, term s and conditions o f this Request for Proposal. The offeror hereby agrees to furnish item s and/or services pursuant to all requirements and specifications contained in this document, upon either the receipt o f an authorized purchase order from M issouri State University, or when this docum ent is countersigned by M issouri State University as a binding contract. The offeror further agrees that the language o fthis document shall govern in the event o f a conflict w ith the offeror's proposal. AUTHORIZED SIGNATURE PRINTED NAME '' Thomas C. Downs THLE Partner COMPANY Patton Boggs LLP MAILING ADDRESS DATE 8/15/07 PHONE 2550 M Street, NW CITY Washington STATE DC 202-457-6000 ZIP CODE 20037 FOR UNIVERSITY USE ONLY: ACCEPTED B Y MISSOURI STATE UNIVERSITY AS FOLLOWS: CONTRACT NUM BER: C3876-1 The proposal of Patton Boggs LLP dated 8/15/07 plus the attached letter dated October 11, 2007, from Thomas C Downs pursuant to the terms and conditions of RFP #3876-17. 1% a V iU l t /0 -I -O 7 'D IR E C T O R L IA S RFP #3876-17 July 16 ,2 0 0 7 ___________________ Page 2 o f 13 PART ONE INTRODUCTION AND GENERAL INFORMATION 1. Introduction: This document constitutes a request for competitive sealed proposals from qualified individuals and organizations to provide consulting services for M issouri State U niversity (hereinafter referred to as "the University") in accordance with the requirements, term s and conditions o f this Request for Proposal (RFP). 2. Purpose/O biective: The purpose o f this RFP is to establish a contract with a full-service, bipartisan government relations firm, w ith offices in the Washington, D.C., area to assist w ith the developm ent and implementation o f the U niversity 's federal relations strategy. The firm w ill broaden the University's relationship w ith members o f Congress and officials within the A dm inistration. Day-to-day contact w ith the University will be coordinated through the Coordinator o f Governmental Relations. The objective o f the contract is to obtain federal funding for the U niversity's program s and projects. 3. O rganization: This document, referred to as a Request for Proposal (RFP), is divided into the following parts for the convenience o f the offeror: 3.1 Part One: Introduction and General Information 3.2 Part Two: Scope o f W ork 3.3 Part Three: General Contractual Requirem ents 3.4 Part Four: Proposal Submission Information 3.5 Pricing Page 3.6 Attachm ent: Terms and Conditions o f Request for Proposal 4. G eneral Information: 4.1 M issouri State University is a public, comprehensive university system w ith a m ission in public affairs, whose purpose is to develop educated persons while achieving five goals: dem ocratizing society, incubating new ideas, imagining M issouri's future, making M issouri's future, and m odeling ethical and effective behavior. M issouri State is the second largest university in the third largest city in the fastest growing region o f M issouri. 4.2 The M issouri State U niversity System includes a selective admissions campus in Springfield, a research campus in M ountain Grove, and an open admissions two-year institution in W est Plains. The University has a total enrollment o f approximately 21,000 students representing every county in M issouri, 47 states, and more than 81 foreign countries. M issouri State is diverse in its educational programs, offering more than 150 academ ic programs w ithin 40 academic departments. M issouri State offers bachelors, m asters, and specialist degrees, plus a cooperative doctorate and one stand-alone doctorate in Audiology. For more inform ation about M issouri State University, visit the web site at w w w .m issouristate.edu. 5. Tim etable: For informational purposes only, offerors are advised that the University anticipates making an award recommendation to its Board o f Governors on October 26, 2007. RFP #3876-17 July 16,2007 Page 3 o f 13 PART TWO SCOPE OF WORK 1. General Requirem ents: The contractor shall provide consulting services as specified herein for M issouri State University (hereinafter referred to as "the University") in accordance w ith the requirements, term s and conditions o f this Request for Proposal. 1.1 It is the U niversity's intent to contract w ith a single firm located in the W ashington, D.C., area that can field a team to w ork w ith the U niversity on its government affairs agenda to obtain federal funding for its program s and projects, as well as enhance opportunities in key areas o f im portance to the University. 1.1.1 Contractor, may however, subcontract services upon the w ritten approval o f the University, w ith any subcontractor to be bound by the term s o fthis agreement, and w ithout any additional cost to the University. The University shall have the right to approve any subcontractor personnel, and to decline any services proposed to be provided by a subcontractor. 1.2 The contractor m ust provide governmental affairs services as part o f a team approach with the U niversity's Office o f Government Relations and Office o f the President. 1.3 The contractor shall not represent any other M issouri four-year public higher education institution w ithout the prior consent and approval o f the University. 1.4 The contractor understands and agrees that the contract shall not be construed as an exclusive arrangem ent and further agrees that the University may secure identical and/or sim ilar services from other sources at any tim e in conjunction with or in replacement o fthe contractor's services. 2. Specific Requirem ents: The contractor m ust perform each o f the following: 2.1 A ssist w ith creating a strong presence w ith the U.S. Congress and w ith appropriate Executive Branch Agencies, and w ork w ith them to help secure federal funding opportunities. 2.2 Develop plans to secure support for and to obtain desired federal resources for the U niversity's priority projects and programs. 2.3 Identify and assist in affecting federal legislative changes that would create additional opportunities for the University to secure federal appropriations. 2.4 M eet w ith and/or brief U niversity officials as needed to apprise them o f the current status o f the U niversity's federal objectives and to coordinate strategy to achieve those objectives. 2.5 Draft relevant documents to promote the U niversity's initiatives, including, but not limited to, appropriation request forms, letters, legislation, report language. RFP #3876-17 July 16,2007________________________Page 4 o f 13 2.6 Review the University's research and academic programs w ith the Director o f Governmental Relations and other U niversity officials to identify those that have the greatest potential for federal support 2.7 Arrange meetings w ith selected governmental officials who are in positions to advance the University's priorities. Such officials should extend beyond the M issouri Congressional delegation and include Congressional leadership, especially leadership involved w ith the appropriations bills. 2.8 Make at least one annual on-site visit to the University's campus in Springfield to confer , w ith University officials about federal issues. 2.9 Provide strategic advice on trends in federal funding, especially federal research funding. 2.10 M onitor legislative and regulatory developm ents o f importance to the University's agenda. 2.11 Provide such other services as the U niversity and the contractor may agree are necessary to achieve the University's federal objectives. 3. Confidentiality Requirem ents: 3.1 A ll reports, documentation, and m aterial developed or acquired by the contractor as a result o f a direct requirement specified in the contract shall become the property o f the University. The contractor shall agree and understand that all discussions w ith the contractor and all information gained by the contractor as a result o f the contractor's performance under the contract shall be confidential and that no reports, documentation, or m aterial prepared as required by the contract shall be released to the public without the prior w ritten consent o f the University. 3.2 The contractor m ust ensure the complete confidentiality o f all data/inform ation to which the contractor has access. 4. Substitution o f Personnel: 4.1 The contractor shall understand and agree that in the event it becomes necessary to make a personnel substitution, the replacem ent individual shall possess equal or greater personnel qualifications than those specified for the applicable personnel classification in the contractor's originally accepted proposal. The contractor should provide at least a twoweek advance notification to the University in the event the contractor m ust make a personnel substitution. The University shall have the right to accept the proposed substitute candidate or request additional resumes o f other available consultants. The University reserves the right to then accept or reject any o f the consultants offered to them by the contractor. 4.2 In the event that contractor's current personnel become unavailable to the University under this agreement, and University does not agree to accept any substitute personnel, the University shall have the right to cancel this agreement on 60 days written notice without further obligation after the sixty day period. RFP #3876-17 July 16,2007 Page 5 o f 13 5. Compliance w ith Laws: A ll services provided by contractor pursuant to this agreement shall be in compliance w ith all applicable laws and regulations, specifically those regarding lobbying and reporting. Contractor w ill complete and subm it to all appropriate agencies and offices all required reports and accounting w ith regard to services provided. Contractor in the performance o f this agreement will not discrim inate on the basis o f race, color, religion, sex, national origin, ancestry, age, disability, or veteran status or on any other basis protected by University policy or law, including Executive O rder 11246, incorporated herein by reference. RFP #3876-17 July 16,2007_________________ Page 6 o f 13 PART THREE GENERAL CONTRACTUAL REQUIREMENTS 1. Contract Period: The original contract period shall begin on January 1, 2008 and continue through June 30,2009. The contract shall not bind, nor purport to bind, the University for any contractual commitment in excess o f the original contract period. The University shall have the right, at its sole option, to renew the contract for four (4) additional one-year periods (July 1 June 30), or part thereof. In the event the contract is renewed, all terms, conditions, and provisions o f the original contract shall rem ain the same and apply during the renewal period. 2. Contract Prices: A ll prices shall be as stated in the contract. The University shall neither pay nor be liable for any costs not specifically identified in the contract. Increases in contract prices for any subsequent period during w hich the contract is effective shall be lim ited to the maximum percentage o f increase stated in the contract for that period. 3. Contract Documents: The contract between the University and the contractor shall consist of: (1) the Request for Proposal (RFP), including the Terms and Conditions attached hereto (2) any amendments to the RFP, (3) the contractor's response to the RFP, and (4) any additional terms and conditions mutually agreed upon by the parties during the negotiation process. The University reserves the right to clarify any contractual relationship in writing w ith the concurrence o f the contractor, and such w ritten clarification shall govern in the event o f a conflict with the applicable requirem ents) stated in either the RFP or the contractor's response. In all other m atters not affected by the w ritten clarification, if any, the RFP shall govern. 4. Amendments to Contract: No m odification o f any provision in the contract shall be made or construed to have been m ade unless such m odification is mutually agreed to in w riting by the contractor and the U niversity's Purchasing Office and incorporated in a w ritten amendm ent to the contract approved by the U niversity's Purchasing Office prior to the effective date o f such m odification. 5. Contractor Liability: The contractor shall be responsible for any and all injury or damage as a result o f the contractor's negligence involving any equipment or service provided under the terms and conditions o f the contract. In addition to the liability imposed upon the contractor on account o f personal injury, bodily injury (including death), or property damage suffered as a result o f the contractor's negligence, the contractor assumes the obligation to save the University, and any agents or employees thereof, from every expense, liability, or payment arising out o f such negligent act. The contractor also agrees to hold the University, and any agents or employees thereof, harm less for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision o f the contractor under the term s o f the contract. However, the contractor shall not be responsible for any injury or damage occurring as a result o f any negligent act or om ission com m itted by the University. 6. Indem nification: The contractor shall defend, indem nify, and hold the University harmless from and against all claims, losses, and liabilities arising out o f personal injuries, including death, and damage to property which are incurred by any party as a result o f services provided by the contractor pursuant to the contract, or insurance provided specifically in lieu o f indemnification, in term s acceptable to the University. RFP #3876-17________________ July 16,2007__________________ Page 7 o f 13 7. Insurance Requirem ents: 7.1 The contractor m ust understand and agree that the University cannot save and hold harm less and/or indem nify the contractor or the contractor's employees against any liability incurred or arising as a result o f any activity o f the contractor or any activity o f the contractor's employees related to the contractor's performance under the contract. 7.2 Therefore, the contractor m ust have and m aintain, at the contractor's expense, adequate liability insurance to protect the U niversity and the general public against any loss, damage and/or expense related to the contractor's perform ance under the contract. The insurance coverage shall include, but need not be lim ited to, the following coverages in the amounts specified. Such insurance m ust indemnify the University to the fullest extent possible under th laws o f the State o f M issouri. 7.2.1 Commercial General Liability Coverage, comprehensive form, including product liability, w ith the following lim its o f liability: Bodily Injury: Property Damage: $2,000,000 each person $2,000,000 aggregate $5,000 medical each person $2,000,000 each accident 7.2.2 Automobile Public Liability and Property Damage with the following lim its o f liability: Bodily Injury: Property Damage: $2,000,000 each person $2,000,000 each accident $2,000,000 each accident 7.3 W ritten evidence o f the required insurance coverage must be submitted before or upon award o f the contract. Such policy(ies) shall name the Board o f Governors o f M issouri State University, its officers and employees, as additional named insureds. In the event that the insurance coverage is canceled, the University m ust be notified immediately. 7.4 The contractor understands and agrees that the insurance required under the term s o f the contract in no way precludes the contractor from carrying such other insurance as may be deemed necessary by the contractor for the operation o f the contractor's business or for the benefit o f the contractor's employees. 7.5 Notwithstanding any other provision o f the contract to the contrary, no insurance procured by contractor shall be construed to constitute a waiver o f any sovereign immunity as set forth in section 537.600 et seq., MO. REV: STAT., or any other governmental or official immunity, nor provide coverage for any liability or suit for damages which is barred under said doctrines o f sovereign, governmental or official immunity available to the University, its Board o f Governors, officers or employees, nor constitute waiver o f any available defense; and neither shall such insurance provide coverage for any sums other than those which the U niversity, its Board o f Governors, officers or employees may be obligated to pay as damages. The contractor shall cause all policies o f insurance related to this RFP to PRFP #3876-17 July 16,2007 Page 8 o f 13 be endorsed in accord w ith this subparagraph. The contractor shall further require the upper limits o f coverage o f such policies to be adjusted on an annual basis to be at least equal to the lim its o f liability set forth in section 537.610.2 and 537.610.5, MO. REV. STAT., as amended from tim e to tim e. 8. A ssignm ents: The contractor shall not transfer any interest in the contract, whether by assignm ent or otherwise, w ithout the express prior w ritten consent o f the University. Any assignee shall be bound by the term s and conditions o f the contract, and the contractor shall require w ritten agreement o f such terms and conditions by any assignee. 9. Contractor Status: The contractor represents him self or herself to be an independent contractor offering such services to the general public and shall not represent him self/herself or his/her employees to be employees o f the University. Therefore, the contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, m in im u m wage requirem ents, overtime, etc., and agrees to indemnify, save, and hold the U niversity, its officers, agents, and employees, harmless from and against any and all loss, cost (including attorney fees), and damage o f any kind related to such matters. 10. Bankruptcy or Insolvency: Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, w hether voluntary or involuntary, or upon the appointment o f a receiver, trustee, or assignee for the benefit o f creditors, the contractor m ust notify the University Purchasing O ffice immediately. Upon learning o f the actions identified herein, the University reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages. 11. W aiver: The contractor must understand and agree that failure by the University to require perform ance by the contractor o f any provision contained herein or in the contractor's proposal shall not be deemed a continuing w aiver o f such provision or a w aiver o f any other provision o f the contract. 12. Communications and N otices: Any w ritten notice to the contractor shall be deemed sufficient when deposited in the United States m ail, postage prepaid, or hand-carried and presented to an authorized employee o f the contractor at the contractor's address as listed on the signature page o f the contract or at such address as the contractor may have requested in writing. RFP #3876-17 July 16,2007 ___________________ Page 9 o f 13 PART FOUR PROPOSAL SUBM ISSION INFORM ATION 1. O fferor's Contacts: All questions regarding the scope o f work, procurement process, etc., must be directed to Dave Yurchak at (417) 836-5356. Offerors must not contact other employees of the University concerning this procurement. 2. Submission o f Proposals: Proposals m ust be priced, signed, sealed, and received in the U niversity's Purchasing O ffice by the closing date and tim e specified. Any proposal received by the Purchasing Office after the exact closing date and time specified w ill not be opened and will not be evaluated regardless o f the reason(s) or m itigating circumstances related to its lateness or degree o f lateness. A facsim ile transm ission is NOT an acceptable response to this RFP. 2.1 Conies o f Proposals: The offeror is requested to submit an original signature proposal and five (5) complete copies o f the original signature proposal, for a total o f six (6) complete proposals. 2.2 Open Records Law: The offeror is hereby advised that, upon completion o f the evaluation process, all proposals and associated documentation will be made public pursuant to the "Open Records" law o f the State o f M issouri (RSMo 610.021). Please do not include statem ents o f confidentiality o r p ro p rietary inform ation in your proposal. All proposals a re req u ired to becom e a m atter o f public record according to state law. 3. Official Position: The offeror is advised that the official position o f the University is that position which is stated in w riting and issued by the Purchasing Office as a Request for Proposal and any amendments thereto. No other means o f communication, whether oral or w ritten, shall be construed as a formal or official response or statement. 4. Evaluation Process: 4.1 Proposal Evaluation: Any contract award resulting from this request shall be made following the evaluation o f all proposals which are responsive to the terms, conditions, and provisions o f the Request for Proposal. The comparative assessment o f the relative benefits and deficiencies o f a proposal in relation to the published evaluation criteria will be made using subjective judgm ent. The University will be the sole judge as to the acceptability, for our purposes, o f any and all proposals. 4.1.1 4.1.2 4.1.3 4.1.4 Cost Experience and Expertise Operating Approach/M ethod o f Performance Additional Specified Q ualifications 50% 30% 10% 10% 4.2 Oral Presentation: A fter an initial screening process, the offeror may be requested to give an oral presentation o f the offeror's proposal to select University officials, if deemed necessary by the University, to clarify or verify the offeror's proposal and to develop a comprehensive assessment thereof. If an oral presentation is deemed necessary, the offeror will be so advised. RFP #3876-17__________ ____________ July 16,2007________ ______________ Page 10 o f 13 4.3 N egotiation: The University reserves the right to negotiate with selected offerors if deemed necessary and in the best interests o f the University. Offerors are cautioned, however, that an award decision may be made w ithout negotiation, based on the prices and term s o f an offeror's original proposal. 4.4 O fferor's Responsibility: The offeror is cautioned that it is the offeror's sole responsibility to subm it inform ation related to the evaluation categories included herein and that the U niversity is under no obligation to solicit such inform ation if it is not included as part of the offeror's proposal. Failure to subm it such inform ation may cause an adverse impact on the evaluation o f the offeror's proposal. 4.5 Errors/Q m issions: The offeror shall be solely responsible for errors or omissions in the offeror's proposal. Offerors may not revise or withdraw subm itted proposals after the stated tim e and date for the receipt o f proposals. Revisions to the offeror's original proposal w ill only be allowed if specifically requested by the University as part o f the negotiation process. 4.6 Conformity w ith Specifications: Any deviations from the requirements o f this Request for Proposal m ust be set forth in detail as part o f the offeror's proposal.- The University may, at its sole discretion, waive m inor inform alities or irregularities that do not materially affect the overall proposal. 4.7 Specification Interpretation: In the event o f a difference o f opinion between the offeror and the University as to the meaning o f any provision in these specifications, the decision o f the U niversity shall be final and w ithout recourse. 4.8 Contract Award: Any contract award resulting from this RFP w ill be made only by written authorization from the U niversity's Purchasing O ffice and shall be subject to approval by the U niversity's Board o f G overnors. The University reserves the right to not award a contract if deemed in the best interests o f the University. 5. Proposal O rganization: Proposals should be prepared as simply as possible and should provide a straightforward, concise description o f the offeror's capabilities to satisfy the requirements o fthe RFP. To facilitate evaluation o f the offeror's proposal by the U niversity, offerors are strongly encouraged to provide a point-by-point response to each item identified herein. Emphasis should be concentrated on accuracy, com pleteness, and clarity o f content. All parts, pages, etc., o f the proposal should be numbered and clearly labeled. The proposal should be organized into a single volum e w ith sections that correspond w ith the m ain headings and subject areas identified herein. A ll m aterial and inform ation related to each identified section should be included in each such section, and all docum entation that com prises the offeror's proposal should be bound in a single volume. The signed page one from the original RFP and all signed amendments should be placed at the beginning o f the offeror's proposal. 6. Pricing Requirem ents: The offeror m ust provide pricing inform ation as specified on the Pricing Page o f this Request for Proposal. Any cost and/or pricing data submitted by the offeror or related to the offeror's proposal shall be subject to evaluation if deemed in the best interests o f the University. Percentages o f increase quoted for renewal periods will also be considered. RFP #3876-17 July 16,2007 Page 11 o f 13 7. Experience and Expertise: The experience o f the offeror's organization and the expertise of proposed personnel w ill be considered in the evaluation process. Therefore, the offeror is advised to submit any inform ation that documents successful and reliable experience in past performances, especially those perform ances related to the requirements o f this Request for Proposal. As a minimum, the offeror should provide the following information related to this evaluation criterion: 7.1 The name o f the firm/com pany/individual(s) submitting the proposal, as well as the name and title o f the individual who is authorized to contractually bind the offeror. 7.2 The experience o f the firm and applicable personnel relative to each o f the following: 7.2.1 Experience working w ith House and Senate Appropriations Committees including background at the federal level w ith NFP institutions and the grant/research earmark process w ithin the appropriations process. 7.2.2 Experience working w ith the M issouri Congressional delegation, relevant authorizing committees, and Executive Branch agencies. 7.3 A list o f past and current clients who are sim ilar in size, scope, and m ission to M issouri State U niversity. The offeror should describe demonstrated success in securing federal support for institutions o f high education. 7.4 The name and address o f at least three (3) clients and the name and telephone num ber o f a contact person who may be contacted as a reference. 7.5 Biographical inform ation on the offeror and on the personnel who w ill be providing services to the U niversity under the term s o f the contract. 7.6 The offeror's web site address, if applicable. 8. Proposed Method o f Perform ance: Proposals w ill be evaluated based on the offeror's distinctive plan for perform ing the requirements o f this RFP, including the availability o f personnel to provide the required services. Therefore, the offeror should present a w ritten narrative that dem onstrates the method or manner in which the offeror proposes to satisfy the requirements o f the Scope o f Work. The language o f the narrative should be straightforward and should be lim ited to facts, solutions to problems, and plans o f proposed action. . 9. Additional Q ualifications: Additional qualifications considered o fimportance and which w ill be helpful in the evaluation o f the offeror's proposal include, but are not lim ited to: Direct knowledge o f M issouri State University, its m ission, culture, administration, and experience in its programs; background in agriculture; fam iliarity with the M issouri public higher education system; and knowledge o fthe economy and demographics o fsouthwest Missouri. Therefore, the offeror is encouraged to provide any relevant inform ation pertaining to these areas that should be considered in evaluating the offeror's proposal. RFP #3876-17 July 16, 2007 Page 12 o f 13 PRICIN G PAGE The offeror must provide pricing inform ation in the manner requested on this Pricing Page to provide consulting services in accordance w ith the requirem ents, term s and conditions o f this R equest for Proposal. 1. Original Contract Period: The offeror must provide pricing as requested below for the original contract period. 1.1 The offeror m ust state a firm , fixed price per m onth to provide the range o f services necessary to meet the objectives set forth in this RFP. $__________ firm , fixed price per m onth for consulting services as specified herein 1.2 The offeror must state a guaranteed not-to-exceed price per trip, per person for travel from the offeror's place o f business to Springfield, M issouri. $__________ guaranteed not-to-exceed price per trip, per person 1.3 The offeror m ust state a firm , fixed per diem, per person which shall include all other travel-related expenses associated w ith providing consulting services in Springfield, M issouri. $__________ firm, fixed per diem , per person 1.4 The offeror m ust provide a list and a detailed estimate o f any additional expenses associated w ith the required services, to include anticipated frequency. The offeror must also provide an explanation as to how and under what circumstances such additional expenses w ill be charged to the University. Type o f Expense Expense Estim ate Frequency o f Expense __________ ;________________ S_________ ____ ______________ Explanation: Type o f Expense Explanation: _____ Expense Estim ate $________ Frequency o f Expense ___________________ RFP #3876-17_________ ____________ July 16,2007_________ ______________ Page 13 o f 13 PRICING PAGE (continued) Type o f Expense _________________________________ Expense E stim ate $________ Frequency o f Expense ___________________ Explanation: Type o f Expense Explanation: Expense Estim ate Frequency o f Expense 2. Renewal Options: The offeror must indicate below the maximum percentage o fprice increase applicable to contract renewal options. If a percentage is not provided, the University shall have the right to execute the renewal option at the same prices quoted above for the original contract period. 2.1 1st Renewal Period (7/1/09 through 6/30/10): _______% o f original contract prices 2.2 2nd Renewal Period (7/1/10 through 6/30/11): ______ % o f 1st renewal period prices 2.3 3rd Renewal Period (7/1/11 through 6/30/12): ______ % o f 2nd renewal period prices 2.4 4th Renewal Period (7/1/12 through 6/30/13): ______ % o f 3rd renewal period prices The offeror hereby affirm s th at the above pricing inform ation is provided in accordance w ith the requirem ents, term s and conditions o f this Request for Proposal. A uthorized Signature T itle Company Name Date TERMS AND CONDITIONS OF REQUEST FOR PROPOSAL I. TERMINOLOGY/DEFINITIONS 1. Closing Date and Time or Date and Time Returnable means the deadline required for the physical receipt o f proposals by the Purchasing Office. 2. Request for Proposal for RFPt means the procurement document issued by the Purchasing Office to potential offerors for the purchase of equipment, supplies, and/or services as described in the RFP document The definition includes these Terms and Conditions as well as any other Attachments and Amendments to the RFP. 3. Must and Shall mean that a certain feature, component,' or action is mandatory. Failure to comply will result in rejection o f the proposal. II. OPEN COMPETITION/RFP DOCUMENT 1. It is the offeror's responsibility to ask questions, request changes or clarification, or otherwise advise the Purchasing Office if any language, specifications, or requirements o f the RFP appear to inadvertently restrict or limit the requirements of die RFP to a single source. Any and all communication from offerors regarding the RFP and the procurement process must be directed to the Buyer identified on the first page o f the RFP. Such communication should be received at least five calendar days prior to the official Proposal Close Date. 2. The Purchasing Office reserves the right to officially modify or cancel the RFP after issuance. Offerors will be notified o f any such modification or cancellation by issuance o f an addendum from the Purchasing Office. III. CONFLICT OF INTEREST The contractor hereby covenants that at the time o f the submission o f the proposal the contractor has no other contractual relationships which would create any actual or perceived conflict o f interest. The contractor further agrees that during the term o f the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which could create such a conflict. IV. PREPARATION OF PROPOSALS 1. Failure to carefully examine the RFP and all terms and conditions related thereto will be at the Offeror's risk. 2. 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. 3. Proposals lacking any written indication o f intent to offer an alternate brand or to take an exception shall be considered to be in fill! compliance with the specifications and requirements o f the RFP. 4. All equipment and supplies offered must be new and 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. 5. Prices quoted by the offeror must remain valid for a minimum of ninety (90) days from the date of proposal opening. If the proposal is accepted, prices shall remain firm for the specified period. V. SUBMISSION OF PROPOSALS 1. Proposals must be signed by a duly authorized representative of the offeror's organization and must contain all necessary information in the manner required by the RFP. 2. The sealed envelope or package containing a proposal should be clearly marked with the official RFP number and the Proposal Close Date. Proposals for different RFPs should not be placed in the same envelope. 3. A proposal may only be modified or withdrawn (1) by signed, written notice received by the Purchasing Office prior to the Proposal Close Date and Time or (2) in person by the offeror or its authorized representative, provided proper identification is presented before the Proposal Close Date and Time. Telephone requests to withdraw or modify a proposal will not be honored. 4. Offerors must, as a minimum, sign and return the RFP cover page or, if applicable, the cover page o f the last amendment thereto in order to constitute acceptance by the offeror of all RFP terms and conditions. Failure to do so will result in rejection o f the proposal unless the offeror's full compliance with those documents is indicated elsewhere within the offeror's response. VI. PROPOSAL OPENING 1. All proposals will be opened at 3:00 p.m. on the date indicated. Prices will not be made available at that time and will not be made public until die evaluation is complete and an award is made. 2. It is the offeror's sole responsibility to ensure that the proposal is delivered to the Purchasing Office by the Proposal Close. Date and Time. If the Purchasing Office is officially closed on the Proposal Close Date, proposals will be accepted until 3:00 p.m. the next official work day and wilt be opened at that time. 3. Proposals which are not received by the Purchasing Office prior to the Proposal Close Date and Time will be considered late, regardless of the degree of lateness or the reason related thereto. Late proposals will not be opened. VIL EVALUATION/AWARD 1. An award will be made to the offeror whose proposal (1) complies with all mandatory specifications and requirements of the RFP and (2) is the best proposal, price and other factors considered. 2. The right is reserved, as the interests of the University may require, to reject any or all proposals and to waive any minor informality or irregularity in proposals received. The Purchasing Office reserves the right to request written clarification of any portion o f the offeror's response if deemed necessary in order to verify the intent o f the offeror. 3. The University reserves the right to make awards on an item by item basis, or on an "all or none" basis, as applicable, if deemed in the best interests of the University. 4. Any award shall be made only by written notification from the Purchasing Offioe. 5. All proposals and associated documentation received on or before the Proposal Close Date and Time will be considered open records pursuant to Section 610.021 RSMo. VIII. REMEDIES AND RIGHTS 1. No provision in the contract shall be construed, expressly or impliedly, as a waiver by the University o f any existing or future right and/or remedy available by law in the event o f any claim by the University of the contractor's default or breach o f contract. 2. The contractor understands and agrees that the contract shall constitute an assignment by the contractor to the University 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 University. IX. DELIVERY, INSPECTION, AND ACCEPTANCE 1. Delivery o f 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. 2. No equipment, supplies, and/or services received pursuant to the contract shall be deemed accepted until the University has had reasonable opportunity to inspect the same. DELIVERY, INSPECTION, AND ACCEPTANCE (Continued from other side) 3. All equipment, supplies, and/or services which do not comply with the RFP 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 o f the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. 4. The University 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. 5. The University's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the University may have. X. CANCELLATION OF CONTRACT 1. In the event o f material breach of contractual obligations by the contractor, the University may cancel the contract. If the contractor fails to cure die breach within an acceptable time frame, or if circumstances demand immediate action, the University will issue a notice o f cancellation terminating the contract immediately. 2. If the University cancels the contract for breach, the University reserves the right to obtain such equipment, supplies, and/or services from other sources and charge the contractor for any additional costs incurred as a result thereof, including attorney fees and court costs. 3. The contractor understands and agrees that funds required to fund die contract must be appropriated by the General Assembly o f the State o f Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the University for any period in which funds have not been appropriated, and the University shall not be liable for any costs associated with termination caused by lack o f appropriations. XL WARRANTY 1. The contractor expressly warrants that all equipment, supplies, and/or services provided will (I) conform to each and every specification, drawing, sample or other description provided as part o f the RFP, (2) be fit and sufficient for the purpose expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, and (3) be free from defect 2. Such warranty shall survive delivery and shall not be deemed waived either by reason o f the University's acceptance of, or payment for, said equipment supplies, and/or services. XII. APPLICABLE LAWS AND REGULATIONS 1. 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 o f the contract to the extent that the same may be applicable. 2. To the extent that a provision of the contract, is contrary to the Constitution or laws of the State o f Missouri or o f the United States, the provision shall be void and unenforceable. The balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and the University. 3. The contractor must be registered with and maintain good standing with the Secretary o f State of the State of Missouri and other regulatory agencies as may be required by law or regulation. 4. The contractor must file and pay in a timely manner all Missouri sales, withholding, corporate and any other required Missouri 3X6S XIII. INVOICING AND PAYMENT 1. Payment for all equipment, supplies, and/or services required herein will be made in arrears. 2. Invoices must be directed to the Purchasing Office and must include die contract number or purchase order number, item number, contract description of supplies or services, sizes, quantities, unit prices, and extended totals. 3. Invoices shall be subject to late payment charges as provided for in Section 34.033 RSMo. 4. The University does not pay state or federal taxes unless otherwise required by law or regulation. 5. The University assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to rejection by the University and shall be returned at die contractor's expense. 6. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the University. XIV. NON-DISCRIMINATION AND AFFIRMATIVE ACTION In connection with the furnishing o f equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall agree not to discriminate against recipients o f services or employees or applicants for employment on the basis o f race, color, religion, national origin, sex, age, disability, or veteran status. If the contractor or subcontractor employs at least 50 persons, they shall have and maintain an affirmative action program which shall include: 1. A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation and dissemination; 2. The identification of a person designated to handle affirmative action; 3. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a wage and salary structure, and standards applicable to layoff, recall, discharge, demotion, and discipline; 4. The exclusion of discrimination from alt collective bargaining agreements; and 5. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning. XV. AMERICANS W ITH DISABILITIES ACT In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors must comply with and be responsible for all applicable requirements and provisions o f the Americans with Disabilities Act (ADA). XVI, REQUIREMENTS FOR PRIME CONTRACTORS AND SUBCONTRACTORS 1. Each prime contractor and subcontractor shall file annually, on or before the 31st day of March, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans for Progress, or such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (i) is not exempt from the provisions of these regulations in accordance with 60-1.5; (ii) has 50 or more employees; (ii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets the requirements of paragraphs (i/, (ii), and (iv) o f this section. 2. Facilities provided for employees must be provided in such a manner that segregation on the basis of race, color, religion, or national origin cannot result. (Revised 5/05)