04 - AMENDED IFB - (04-13-2026).pdf

INVITATION FOR BIDS

IFB RFx No.: 3160007967

Contractor to Assist the Mississippi Oil and Gas Board with the Plugging, Remediation, and Reclamation of Orphaned Wells

Issue Date: April 2, 2026

CLOSING TIME AND DATE

Bids must be received by:

4:00 P.M. CST, May 11, 2026

CLOSING LOCATION

Mississippi Oil and Gas Board

500 Greymont Avenue, Suite E Jackson, Mississippi 39202

BID COORDINATOR

Missy Zebert Mississippi Oil and Gas Board Telephone: (601) 576-4919

E-mail: mzebert@ogb.state.ms.us

Amended: April 13, 2026 mailto:drayfield@ogb.state.ms.us

GENERAL INSTRUCTIONS

Section 1 – Background, Authority, and Purpose

The Infrastructure Investment and Jobs Act (the “IIJA”) was signed into law on November 15, 2021. The IIJA provides funding to establish state grant programs the goal of which is to address the plugging, remediation, and reclamation of orphaned oil and gas wells located throughout this United States. Pursuant to Title 42 U.S.C. § 15907(c), three types of orphaned well grant programs are authorized, to include Formula grants (See 42 U.S.C. § 15907(c)(4). In partnership with the U.S. Department of the Interior (DOI) and the Orphaned Wells Program Office (OWPO), the Mississippi Oil and Gas Board (MSOGB) endeavors to ensure the effective, accountable and efficient implementation of the Formula grant program.

Pursuant to Miss. Code Ann. § 53-1-17, the MSOGB has jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this chapter and all other laws relating to the conservation of oil and gas. Part of the MSOGB’s authority with respect to the conservation laws of the State of Mississippi extends to ensuring the proper plugging, remediation, and reclamation of orphaned oil and gas wells. An orphaned well is any oil or gas well, including Class II wells, that has not been properly plugged according to the requirements of the statutes, rules and regulations governing same and for which a responsible party such as an owner or operator cannot be located or for which, for whatever reason, there is no other party that can be forced to plug the well. The MSOGB is provided with the authority to require that the plugging of wells be done in such a manner as to prevent the escape of oil or gas out of one stratum to another, and to prevent the intrusion of water into an oil or gas stratum from a separate stratum. The MSOGB is tasked with preventing the pollution of freshwater supplies by oil, gas, or saltwater and is further provided with the authority to prevent Waste as so defined (See Miss. Code Ann. § 53-1-3(l).

The MSOGB has been awarded a Formula grant the funds of which will be used to plug

(if applicable), remediate, and reclaim orphaned wells located within the State of Mississippi.

The MSOGB is seeking to retain a contractor (the “Contractor”) who will plug (if applicable), remediate, and reclaim these orphaned wells. The orphaned wells pertinent to this Invitation for Bid (the “IFB”) are detailed on Exhibit “A” attached hereto. Details pertaining to the proposed Scope of Work pertinent to this IFB are included below and Specifications for Plugging, Remediation, and Reclamation of Orphaned Wells are attached hereto as Exhibit “B”.

The Contractor should have a knowledge and familiarity with the IIJA and the Orphan Well Program established thereunder, in addition to the Statewide Rules and Regulations of the MSOGB. A qualified Contractor should possess expertise in providing the required services contemplated by this IFB. Said Contractor must be able to work alongside the MSOGB and its other contractors. Furthermore, the Contractor should be qualified to do business in the State of Mississippi.

A Bid Cover Sheet (Attachment “A”) and Bid Form (Attachment “B”) are also enclosed.

All bids should be accompanied by the proposed plugging (if applicable), remediation, and reclamation procedures for each orphaned well. MSOGB records may or may not reflect the present condition of the wells. Although every effort was made to include a copy of all useful well data, a copy of the well file for each well can be obtained at the MSOGB office in Jackson, Mississippi upon request at the normal fee for reproduction. Reference to IFB RFx No.

3160007967 will help expedite any such request. It is the responsibility of the Contractor to schedule and conduct a Pre-Bid Project Site Visit (See Section 2 – Timeline below) in order to fully ascertain and properly characterize the work to be completed on each well site described on Exhibit “A” attached hereto. Contractors are expected to be aware of and fully understand the full scope of work to be performed on each well site, notwithstanding unknown and unforeseen downhole well issues that may arise from time to time which are unknown or unforeseen to both the MSOGB and the Contractor.

Section 2 – Timeline

IFB Issue Date April 2, 2026

Optional Pre-Bid Project Site Visit April 17, 2026

Questions Pertaining to IFB and Project Site Visit, and Requests for Clarification Due

April 24, 2026, at 4:00 p.m. CDT

Anticipated Posting of Answers to Questions May 1, 2026

Bid Package Submission Deadline May 11, 2026, at 4:00 p.m. CDT

Anticipated Date of the Notice of Intent to Award

May 22, 2026

Section 3 – Contact and Questions/Requests for Clarification

3.1 Bidders must carefully review this solicitation, all exhibits, and all attachments for defects, questionable, or objectionable material. Following review, bidders may have questions to clarify or interpret the IFB in order to submit the best bid possible. Pursuant to PPRB OPSCR Rules and Regulations Section 5.2.4, any potential bidder has an opportunity to request that the procuring agency reconsider the terms of the solicitation. Any such request shall be filed with the agency official primarily responsible for the procurement and the Director of OPSCR within three (3) business days following the date of public notice as defined in Section 5.2.1. To accommodate the questions and requests for clarifications, bidders shall submit any such question via email by the deadline reflected in Section 2. All questions and requests for clarifications must be directed by email to:

Missy Zebert, MSOGB Telephone: (601) 576-4919 E-mail: mzebert@ogb.state.ms.us mailto:drayfield@ogb.state.ms.us

3.2 Bidders should enter “IFB RFx No. 3160007967 - Questions” as the subject for the email.

Question submittals should include a reference to the applicable IFB section and be submitted in the format shown below:

IFB Section, Page Number Bidder Question/Request for Clarification

1.

3.3 Official responses will be provided only for questions submitted as described above and only to clarify information already included in the IFB. The identity of the organization submitting the question(s) will not be revealed. All questions and answers will be published on the Mississippi Contract/Procurement Opportunity Search Portal website and the MSOGB's website as an amendment to the IFB by the date and time reflected in Section 2.

3.4 The MSOGB will not be bound by any verbal or written information that is not contained within this IFB unless formally noticed and issued by the MSOGB as an IFB amendment.

Bidders are cautioned that any statements made by agency personnel that materially change any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

3.5 All bidder communications regarding this IFB must be directed to the designated MSOGB representative or his/her designee. Unauthorized contact regarding the IFB with other employees of the MSOGB may result in the bidder being disqualified, and the bidder may also be suspended or disbarred from the state.

3.6 Information needed pertaining to this IFB or the Scope of Work provided below should be directed to Morris Welch, Compliance Inspector Team Lead, at (601) 576-4925 (office) or

(601) 543-5176 (cell), or via email at mwelch@ogb.state.ms.us.

3.7 Acknowledgement of Amendments: Should an amendment to the IFB be issued, it will be posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the MSOGB's website in a manner that all bidders will be able to view. Further, bidders must acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid package, by identifying the amendment number and date in the space provided for this purpose on the bid form, or by letter. The acknowledgment should be received by the agency by the time, date, and at the place specified for receipt of bids. It is the bidder’s sole responsibility to monitor the websites for any updates or amendments to the IFB.

3.8 Bidder must provide a signed Acknowledgements of IFB Amendment(s), Questions, and

Answer document(s), and/or Summary of Pre-Bid Project Site Visit, if any were issued/posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the MSOGB's website.

mailto:mwelch@ogb.state.ms.us

3.9 This IFB is comprised of the base IFB document, any exhibits, any attachments, any amendments issued prior to the submission deadline, and any other documents released before contract award.

Section 4 – Scope of Work (See also Exhibit “B” attached hereto)

4.1 In addition to those specifications set out on Exhibit “B” attached hereto, Contractor shall provide services, and otherwise do all things necessary for or incidental to the performance of the Scope of Work (the “Work”), as set forth below:

4.1.1 Plug (if applicable), remediate, and reclaim orphaned oil or gas wells located within the State of Mississippi in accordance with the rules and regulations of the MSOGB and the IIJA’s Orphan Well Program, in addition to the Specifications for Plugging, Remediation, and Reclamation of Orphaned Wells attached hereto as Exhibit “B”.

4.1.2 Contractor will furnish all labor, equipment, materials, transportation, communication, scaffolding, hoisting, supervision, coordination, permits, sales taxes, shop drawings, and samples necessary to timely complete in a workmanlike manner the Work.

4.1.3 Contractor shall furnish a weekly progress report via email which summarizes activities completed for the week and activities planned for the next week. The weekly progress report shall be provided by 4:00 p.m. on Monday afternoon along with the updated schedule planned for the following week.

4.1.4 Contractor will coordinate with other MSOGB contractors as specified by the MSOGB to ensure proper sequencing of the Work.

4.1.5 Contractor will assess and report to MSOGB any environmental hazards and/or contamination within twenty-four (24) hours of identification of same.

4.1.6 Contractor will support and assist the MSOGB in the fulfillment of any and all Federal requirements, including but not limited to reporting, documenting, outreach, DBE participation and/or accounting needs.

4.2 The Contractor acknowledges the following:

4.2.1 All Work completed pursuant to this IFB must be completed in accordance with the Orphan Well Program and the rules and regulations of the MSOGB. It is the Contractor’s responsibility to be familiar with the terms and provisions of the

Orphan Well Program, to include the “Davis Bacon Act”, and all other parts and subparts and other related laws and acts pertinent thereto.

4.2.2 All work performed pursuant to this IFB is subject to the Build America, Buy America Act promulgated under Section 70912 of the IIJA which requires that all iron, steel, manufactured products, and construction materials used by the MSOGB, its sub-recipients or contractors, are produced in the United States. If Contractor is unable to abide by this provision, Contractor should immediately inform MSOGB and if possible, MSOGB may seek to obtain a waiver from the U.S. Department of the Interior.

4.2.3 Assign a Contractor Account Representative to work directly with the MSOGB.

4.2.4 All state facilities are non-smoking; the Contractor and its personnel must adhere to this requirement. The use of tobacco products on or within state property or facilities is prohibited.

4.2.5 It is illegal to have in one’s possession any illegal drug or alcoholic beverage while on state property.

4.2.6 Contractors are required to sign-in and sign-out at most state facilities. Security provisions for all state facilities must be strictly observed.

4.2.7 Exercise precautions at all times for the protection of persons (including employees) and property. The Contractor shall make such investigations to enable them to fully understand the facilities, difficulties, and restrictions attending the execution of the work on-site. The project shall at all times be properly supervised and adequately manned by an experienced crew of appropriate size. All work shall be accomplished by skilled workers familiar with and trained to do this type of work. Workers shall be qualified to operate and/or use the equipment necessary to accomplish this work.

The Contractor shall be responsible for the supervision and direction of the work performed by its personnel. The Contractor shall be responsible for instructing its personnel in all safety measures. All equipment used by the Contractor shall be maintained in safe operating condition at all times, and be free from defects or wear that may in any way constitute a hazard to any person or persons on state property.

All incidents involving state property or personnel shall be reported to the designated MSOGB contact immediately upon occurrence.

4.2.8 Abide by all state and/or MSOGB policies, procedures, ordinances, and/or laws pertaining to the MSOGB’s operation at all times, including but not limited to the items listed above. Deviations from these policies by the Contractor or its personnel will not be tolerated and will be considered grounds for contract termination.

Perform the Work in accordance with customary and reasonable industry standards as well as in strict conformance to all laws, statutes, and ordinances and the applicable rules, regulations, methods, and procedures of all government boards, bureaus, offices, and other agents. The Contractor shall be responsible for the complete performance of all work; for the methods, means, and equipment used;

and for furnishing all materials, tools, apparatus, and property of every description used in connection therewith. No statement within this IFB shall negate compliance with any applicable governing regulation. The absence of detail specifications or the omission of detail description shall be recognized as meaning that only the best commercial practices are to prevail and that only first quality materials and workmanship are to be used.

4.2.9 As the contractor assigned to the project, Contractor shall perform all services contemplated by this Contract in accordance with customary and reasonable industry standards applicable to other contractor’s of like experience. The Contractor shall be responsible for plugging (if applicable), remediation and reclamation; for the methods, means, and equipment used; and for furnishing all materials, tools, apparatus, and property of every description used in connection therewith. No statement within this IFB shall negate compliance with any applicable governing regulation. The absence of detail specifications or the omission of detail description shall be recognized as meaning that only expert practices are to prevail and that only first quality materials and workmanship are to be used.

4.2.10 Provide any and all reporting, data collection, accounting, audit, and/or documentation in a form and format acceptable to MSOGB which MSOGB shall require in the furtherance of the project and/or in compliance with any and all state and/or federal requirements.

4.3 Contractors shall also:

4.3.1 Administer and maintain all employment and certified payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal, and local laws such as social security and withholding taxes for their business and employees;

4.3.2 Make all unemployment compensation contributions as required by federal and state law(s) and process claims as required for their business and employees;

4.3.3 Perform a background check and/or drug screening prior to placement if requested by the MSOGB and verify and/or provide the results; and,

4.3.4 Replace immediately, at no additional expense to the MSOGB, any employee not performing satisfactorily.

Section 5 - Basis for Award

5.1 All bids will be reviewed first to determine whether a bidder is responsive, responsible, and/or acceptable. Requirements are not assigned a point percentage and/or score, but are instead simply recorded as PASS or FAIL. Bids with errors that do not alter the substance of the bid can be accepted, and the MSOGB’s designated representative may allow the bidder to correct the problem prior to review as long as the irregularities are insignificant mistakes that can be waived or corrected without prejudice to other bidders.

5.2 The MSOGB has the right to waive minor defects or variations of a bid proposal from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any bidder. If insufficient information is submitted by a bidder for the MSOGB to properly evaluate the offer, the MSOGB has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any bidder.

5.3 All bids which are determined to be responsive, responsible, and/or acceptable will continue on to the price bid or cost evaluation. The lowest cost bid will receive the maximum 100 points allocated to cost. The point allocations for cost on the other bids will be evaluated according to the following formula: price of the lowest responsive and responsible bid divided by the price of the responsive and responsible bid being rated times the maximum 100 points allocated for cost equal the awarded points.

5.4 The MSOGB intends to award one (1) contract to provide the services described in this IFB.

5.5 The MSOGB shall determine the best acceptable bid based on the lowest cost evaluation, best value, qualifications, methodology, maximum capacity, and/or past experience of the Contractor.

Section 6 – Minimum Bidder Qualifications

6.1 Prior Experience: Contractor must be qualified to do business in the State of Mississippi.

Prior experience working with a state agency is preferred. Contractor must have experience in emergency response and management, environmental response and management, risk assessment and safety, among other responsibilities, with an emphasis on those matters as they pertain to the plugging, remediation and reclamation of orphaned wells. Contractor must have been in business and provided services similar in requirements and scale to those described in this IFB for a minimum of five (5) years.

6.2 Required Certification, Accreditation, and/or Licenses: Contractor shall provide notarized copies of all valid licenses and certificates required for performance of the Work. The notarized copies shall be delivered to the agency no later than ten days after Contractor receives the Notice of Intent to Award from the agency. Current notarized copies of licenses and certificates shall be provided to the agency within twenty-four hours (24) of demand at any time during the contract term. Contractor must possess and maintain the minimum vendor certifications, accreditations, and/or licensures described in this IFB, including by way of illustration and not limitation, the following:

1. A business license valid in the State of Mississippi.

The Contractor, either directly or through their subcontractors, must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Contractor shall remain responsible for contract performance regardless of subcontractor participation in the work.

6.3 Budget: Bidder’s estimated proposed budget for the completion of the services contemplated by this IFB should provide a plugging (if applicable), remediation, and reclamation estimate for each well listed on Exhibit “A” attached hereto.

6.4 The bidder may be required before the award of any contract to show to the complete satisfaction of the MSOGB that it has the necessary facilities, ability, and financial resources to provide the services specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the MSOGB in regard to the bidder’s qualifications. The MSOGB may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the MSOGB all information for this purpose that may be requested. The MSOGB reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the MSOGB that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder’s qualifications shall include:

1. the ability, capacity, skill, and financial resources to perform the Work or provide the services required;

2. the ability of the bidder to perform the Work or provide the services promptly or within the time specified, without delay or interference;

3. the character, integrity, reputation, judgment, experience, and efficiency of the bidder;

and,

4. the quality of performance of previous contracts or services.

Section 7 – Duration

The estimated period of performance of any contract resulting from this IFB is tentatively scheduled to begin on or about June 1, 2026 and to end on or before May 31, 2027.

Section 8 – Bid Submission Requirements

8.1 Submission Format

8.1.1 Bid Cover Sheet (Attachment A)

8.1.2 Bid Form (Attachment B) - all pricing must be submitted on the Bid Form. Failure to complete and/or sign the Bid Form may result in bidder being determined nonresponsive.

8.1.3 References (Attachment C) - each bidder must furnish a listing of at least three (3) trade references along with the contact person, address, and phone number for each. These references must be familiar with the bidder’s abilities with respect to the services described in this solicitation. MSOGB staff will use these references to determine the bidder’s ability to perform said services. It is the responsibility of the bidder to ensure that the reference contact information is correct and current.

MSOGB staff will not track down references. Bidders should verify before submitting their bid that the contact person and phone number are correct for each reference. MSOGB staff must be able to reach two (2) references for a bidder within two (2) business days of bid opening to be considered responsive.

Further, the bidder must score a minimum of six (6) points on each Reference Score Sheet which will be used by the MSOGB staff when interviewing the two

(2) references (for a total minimum scoring requirement of twelve (12) points) to be considered responsive and/or responsible. Only bidders who are found responsive and/or responsible will have their bids considered. Bidder may submit as many references as desired. MSOGB staff will begin contacting references at the top of the list and will continue down the list until they have completed Reference Score Sheets for two (2) references. After two (2) score sheets are completed, the reference check process will end.

8.2 Submission Requirements

8.2.1 The signed original bid package, and one (1) copy of the signed original bid package, and one (1) electronic copy (on flash drive) of the bid package, should be submitted in a sealed envelope or package to 500 Greymont Avenue, Suite E, Jackson, Mississippi 39202 no later than the time and date specified for receipt of bids set out above (See Section 2 – Timeline). The electronic files shall not be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. (See also Section 8.2.2 and 8.2.3)

8.2.2 The sealed envelope or package shall be marked with the number of the invitation for bids (IFB RFx No. 3160007967). Bids are subject to rejection unless submitted with the information included on the outside of the sealed bid envelope or package.

8.2.3 Sealed bids should be mailed or hand-delivered to and labeled as follows:

Mississippi Oil and Gas Board Attention: Missy Zebert 500 Greymont Avenue, Suite E Jackson, Mississippi 39202 Mississippi Oil and Gas Board Orphaned Well Program IFB RFx No. 3160007881

SEALED BID – DO NOT OPEN

8.2.4 All bid packages must be received by the agency on or before the Bid Package Submission Deadline as set out in Section 2 – Timeline above. Bids submitted via facsimile (fax) machine will not be accepted. It is suggested that if a bid is mailed to the agency, it should be posted in certified mail with a return receipt requested. The MSOGB will not be responsible for mail delays or lost mail. All risk of late arrival due to unanticipated delay, whether delivered by hand, U.S.

Postal Service, courier or other delivery service or method, is entirely on the vendor. All vendors are urged to take the possibility of delay into account when submitting a bid.

8.2.5 Timely submission of the bid package is the responsibility of the bidder. Bids received after the specified time will be rejected and maintained unopened in the procurement file. A bid received at the place designated in the solicitation for receipt of bids after the exact time specified for receipt will not be considered unless it has been determined by the agency that the late receipt was due solely to mishandling by the agency after receipt at the specified address.

8.2.6 The time and date of receipt will be indicated on the sealed bid envelope or package by MSOGB staff. The only acceptable evidence to establish the time of receipt at the office identified for bid opening is the time and date stamp of that office on the bid wrapper or other documentary evidence of receipt used by that office.

8.2.7 Each page of the bid form and all attachments shall be identified with the name of the bidder.

8.2.8 Failure to submit a bid on the bid form provided will be considered cause for rejection of the bid. Modifications or additions to any portion of the bid document may be cause for rejection of the bid. The MSOGB reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive.

8.2.9 Bidders taking exception to any part or section of the solicitation shall indicate such exceptions on the IFB Exception(s) form, Attachment G. Failure to indicate any exception will be interpreted as the bidder’s intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. The bid must contain a high degree of acceptance of contract terms and conditions listed in Attachment E and F of this IFB.

8.2.10 A bid response that includes terms and conditions that do not conform to the terms and conditions in the bid document is subject to rejection as non-responsive. The MSOGB reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by the agency of non-responsiveness based on the submission of nonconforming terms and conditions.

8.2.11 As a precondition to bid acceptance, the MSOGB may request the bidder to withdraw or modify those portions of the bid deemed non-responsive that do not affect quality, quantity, price, or delivery of the service.

8.2.12 Any bidder claiming that its response contains information exempt from the

Mississippi Public Records Act (Miss. Code Ann. §§ 25-61-1 et seq. and 79-23-1), shall segregate and mark the information as confidential and provide the specific statutory authority for the exemption.

Section 9 – Bidder Certification

The bidder agrees that submission of a signed bid form is certification that the bidder will accept an award made to it as a result of the submission.

Section 10 – Debarment

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi.

Section 11 – Registration with Mississippi Secretary of State

By submitting a bid, the bidder certifies that it is registered to do business in the State of Mississippi as prescribed by Mississippi law and the Mississippi Secretary of State or, if not already registered, that it will do so within seven (7) business days of being notified by the agency that it has been selected for contract award.

Section 12 – Bid Opening

Bids shall be opened in the presence of one or more MSOGB officials. Bids will not be opened publicly. The name of each bidder and such other information as is deemed appropriate by the MSOGB shall be recorded.

Section 13 – Award Notification

Award(s) for this procurement will be posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the MSOGB website at http://www.ogb.state.ms.us.

Bidders will be notified via e-mail of the awards.

Section 14 – Procurement Methodology

14.1 Restrictions on Communications with Agency and Agency Staff

At no time shall any bidder or its personnel contact, or attempt to contact, any MSOGB staff regarding this IFB except the contact person as set forth and in the manner prescribed in Section 3.

http://www.ogb.state.ms.us/

14.2 Bidder Investigations

Before submitting a bid, each bidder shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the agency upon which the bidder will rely. If the bidder receives an award as a result of its bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever for additional compensation.

14.3 Expenses Incurred in the Procurement Process

All parties participating in the procurement process with regard to this solicitation shall bear their own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

14.4 Independent Price Determination

By submitting a bid, the bidder certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other bidder for the purpose of restricting competition.

14.5 Rejection of Bids

A bid response that includes terms and conditions that do not conform to the terms and conditions in the IFB document is subject to rejection as non-responsive. Further, submission of a Bid Form that is not complete and/or signed is subject to rejection as non-responsive. The MSOGB reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by the agency staff of non-responsiveness based on the submission of nonconforming terms and conditions.

Furthermore, if a bidder’s price is substantially higher than those of other bidders, meaning those in excess of a twenty-five percent (25%) differential, the bidder’s price will be deemed non-responsive.

14.6 Withdrawal of Bids

If the price bid is substantially lower than those of other bidders, a mistake may have been made. A bidder may withdraw its bid from consideration if certain conditions are met:

(1) The bid is submitted in good faith;

(2) The price bid is substantially lower than those of other bidders because of a mistake;

(3) The mistake is a clerical error, not an error of judgment; and,

(4) Objective evidence drawn from original work papers, documents, and other materials used in the preparation of the bid demonstrates clearly that the mistake was an unintentional error in arithmetic or an unintentional omission of a quantity of labor or material.

To withdraw a bid that includes a clerical error after bid opening, the bidder must give notice in writing to the MSOGB of claim of right to withdraw a bid. Within two (2) business days after the bid opening, the bidder requesting withdrawal must provide to the agency all original work papers, documents, and other materials used in the preparation of the bid.

A bidder may also withdraw a bid, prior to the time set for the opening of bids, by simply making a request in writing to the MSOGB. No explanation is required.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work for the person to whom the contract is awarded, or otherwise benefit from the contract.

No partial withdrawals of a bid are permitted after the time and date set for the bid opening; only complete withdrawals are permitted.

Section 15 – Required Contract Terms and Conditions

Any contract entered into with the MSOGB pursuant to this IFB shall have the required clauses found in Attachment E and those required by the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB. The agency discourages exceptions from these required clauses.

Such exceptions may cause a bid to be rejected as non-responsive. Bids which condition the bid based upon the state accepting other terms and conditions not found in the IFB, or which take exception to the state’s terms and conditions, may be found non-responsive, and no further consideration of the bid will be given.

Section 16 – Optional Contract Terms and Conditions

Any contract entered into with the MSOGB pursuant this IFB may include, at the discretion of the MSOGB, the optional clauses found in Attachment F and those within the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB. The MSOGB discourages exceptions from these optional clauses. Such exceptions may cause a bid to be rejected as non-responsive. Bids which condition the bid based upon the state accepting other terms and conditions not found in the IFB, or which take exception to the state’s terms and conditions, may be found non-responsive, and no further consideration of the bid will be given.

Section 17 – Contract Rights

Contract rights do not vest in any party until a contract is legally executed. The MSOGB is under no obligation to award a contract following issuance of this solicitation.

Section 18 - Property Rights

Property rights do not inure to any bidder until such time as services have been provided under a legally executed contract. No party responding to this IFB has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. The MSOGB is under no obligation to award a contract and may terminate a legally executed contract at any time.

Section 19 – Agency Website

This IFB, questions and answers concerning this IFB, and the Notice of Intent To Award will be posted on the MSOGB website at http://www.ogb.state.ms.us and on the Mississippi Contract/Procurement Opportunity Search Portal website.

Section 20 – Exhibits/Attachments

The exhibits and attachments to this IFB are made a part of this IFB as if copied herein in words and figures.

http://www.ogb.state.ms.us/

EXHIBIT “A”

ORPHANED WELL PROJECT SITES

Jefferson County

Kate Logan No. 2 Well (API # 23-063-00489) Section 6, Township 10 North, Range 1 West, Rodney Field

Lat (NAD83) 31.8437308741573 Long (NAD83) -91.196149103384

Jefferson Davis County

G L Mullins V. No. 2 Well (API # 23-065-00035)

Section 34, Township 9 North, Range 19 West, Gwinville Field Lat (NAD83) 31.710197

Long (NAD83) -89.896424

Marion County

Sandy Hook GU (Ernest R. Ford et al No. 1) Well (API # 23-091-00121) Section 13, Township 1 North, Range 18 West, Sandy Hook Field

Lat (NAD83) 31.0427366829579 Long (NAD83) -89.7669933840561

Pearl River County

Southern Minerals No. 1 Well (API # 23-109-00145)

Section 12, Township 1 South, Range 14 West, Pistol Ridge Field Lat (NAD83) 30.9819013430237

Long (NAD83) -89.342127768446

Crosby Forest et al No. 1 Well (API # 23-109-00104) Section 3, Township 1 South, Range 14 West, Pistol Ridge Field

Lat (NAD83) 30.9980973191191 Long (NAD83) -89.3819058172114

Walthall County

Morris No. "A" 1 Well (API # 23-147-00047)

Section 7, Township 1 North, Range 13 East, Dexter Field Lat (NAD83) 31.0645592589664

Long (NAD83) -89.9366887388878

EXHIBIT “A” - CONTINUED

ORPHANED WELL PROJECT SITES

Walthall County (cont.)

Fernwood Lbr Co No. 1 Well (API # 23-147-20106) Section 6, Township 2 North, Range 12 East, Knoxo Field

Lat (NAD83) 31.1643667294882 Long (NAD83) -90.0284112628401

EXHIBIT “B”

Specifications for Plugging (if applicable), Remediation, and Reclamation of Orphaned Wells

1. These specifications are for the plugging (if applicable), remediation, and reclamation of orphaned wells within the State of Mississippi. These wells must be plugged, remediated, and reclaimed in accordance with the Infrastructure Investment and Jobs Act’s (the “IIJA”) Orphan Well Program, in addition to the Statewide Rules and Regulations of the Mississippi Oil and Gas Board (“MSOGB”). Any specifications or requirements contained in the Bid Notice are made a part of these specifications.

A. GENERAL REMEDIATION AND RECLAMATION PROVISIONS

(APPLICABLE TO ALL PROJECT SITES)

1. Contractor must submit to the MSOGB an individual work plan, including written procedures, for each well listed on Exhibit “A” along with the Contractor’s bid amount for each well and a total amount for all of the work to be performed pursuant to this

IFB.

2. Contractor’s work plan for each well must be approved by the MSOGB before any work begins pursuant to this IFB. Contractor must comply with all applicable federal and state statutes, rules and regulations, including those regarding the filing of forms.

3. Contractor will begin the work contemplated by this IFB within thirty (30) days of being notified by the MSOGB to proceed. All work must be completed on or before May 31, 2027.

4. Contractor acknowledges that all pipe and cementing work (if any) will be done during a five (5) day work week with a representative of the MSOGB on location to witness said work. Contractor acknowledges that the MSOGB must approve any changes in the approved work plan necessitated by unexpected well problems. The Contractor shall notify the MSOGB’s designated representative at least forty-eight (48) hours prior to beginning any pipe or cementing work so that witnessing arrangements can be made.

5. Contractor will be responsible for gaining and preparing access to the well site as may be required and the cost of gaining and preparing such access shall be included in any bid proposal.

6. Bid specifications require an absolute turnkey bid. It is the Bidder’s responsibility to schedule a Pre-Bid Tour or Site Visit prior to the date set forth in Section 2 – Timeline above. A change order may be allowed with respect to technical procedures involving the plugging (if applicable), remediation, and reclamation of an orphaned well;

however, said change order shall not increase the amount of the bidder’s bid proposal to complete all work on a specific well.

7. MSOGB Statewide Rule 28 requires the removal of concrete bases, unless the landowner agrees in writing to allow the concrete base to remain on the property as is. Contractor shall provide a copy of said written agreement to the MSOGB.

8. Contractor shall remove and dispose of all liquids from vessels (stock tanks, separators, heater treaters, etc.) associated with the well. Contractor shall restore the location by filling and leveling the hole dug to cut casings, removing all equipment from the well site that was associated with the well operation (per MSOGB Statewide Rule 28), and leveling/smoothing all containment berms and firewalls.

9. It shall be the sole responsibility and expense of the Contractor to provide all necessary sanitary facilities.

10. All costs connected with the mobilization and demobilization of equipment required to complete the work shall be borne by the Contractor.

11. The Contractor shall be responsible for all transportation including loading and unloading of all equipment, supplies, materials, tools, and incidental items required to complete the Work.

12. The Contractor shall be responsible for removing all pipe, cement slabs, equipment and vessels located on the well site.

13. The Contractor shall be responsible for monitoring conditions and taking all necessary precautions to prevent loss of life and property from any and all adverse weather conditions.

14. Liabilities: Except as otherwise provided by law, MSOGB will not be responsible for the loss of, or damage to Contractor’s equipment, or the death of, or injury to the Contractor’s personnel, or for death of, or injury to persons, or for damages to property resulting from Contractor’s operations under this contract.

15. Wells Determined To Be Non-existent: If during the course of initiating the Work contemplated by this IFB, it is discovered that what was thought to be the well was in fact not such, MSOGB reserves the right to substitute another orphaned well with similar characteristics and mechanical configuration, or to remove the well from the contract and reduce the contract amount by the amount of the Contractor’s bid price. MSOGB will pay the Contractor for expenses (if any) incurred at the time the well is determined to be non-existent, not to exceed $2,500.

16. Work Prohibited by Weather or other Natural Causes: If during the course of initiating the Work, weather or other natural conditions render the work associated with said well impossible within the contract time allowed, MSOGB reserves the right to substitute another project site with similar characteristics and mechanical configuration, or to remove the well from the contract and reduce the contract amount by the amount of the Contractor’s bid price for said well.

17. Wells Acquired by Another Active Operator: If after execution of a contract between MSOGB and the Contractor, a viable operator petitions MSOGB to become operator of a well included in the contract, MSOGB reserves the right to substitute another orphaned well with similar characteristics and mechanical configuration, or to remove the well from the contract and reduce the contract amount by the amount of the Contractor’s bid price for said well.

18. Basis of Award: Bidders must bid by itemizing each well individually for all the wells with the total of the individual well bids being the total package bid. Bidders must bid on all of the wells in a package. The MSOGB reserves the right to reject any and all bids, and to waive any informality. The MSOGB shall determine the best acceptable bid based on the lowest cost evaluation, best value, qualifications, methodology, maximum capacity, past experience of the Contractor, and proposed plugging (if applicable), remediation, and reclamation procedures, in addition to the technical specifications submitted along with the Contractor’s bid proposal.

19. Compliance with the Mississippi Employment Protection Act: Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session) and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program.

Contractor agrees to maintain records of such compliance and, upon request of the MSOGB, to provide a copy of each such verification to the MSOGB. Contractor further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Contractor understands and agrees that any breach of these warranties may subject Contractor to the following: (a) termination of this agreement and ineligibility for any state or public contract in Mississippi for up to three (3) years with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification, or other document granted to Contractor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. In the event of such termination/cancellation, Contractor would also be liable for any additional costs incurred by the MSOGB due to contract cancellation or loss of license or permit.

B. REQUIREMENTS FOR PLUGGING AN ORPHANED WELL

(ALSO INCLUDES THE GENERAL REMEDIATION AND RECLAMATION PROVISIONS

ABOVE)

1. Contractor shall remove and dispose of all liquids contained in the production vessels and equipment associated with each well site. Pumping these fluids back into the well prior to plugging is an acceptable option, so long as said fluids are pumped into the same formation from which they were generated. Alternatively, these fluids may be mixed with mud and placed in between the cement plugs below the base of the Underground Source of Drinking Water (“USDW”), so long as the well has demonstrated mechanical integrity.

This alternative option only applies to oil and gas wells.

2. When tubing is to be pulled from a well, all proper and necessary precautions shall be taken for keeping the well under control including the use of blowout preventers (BOPs) and auxiliary equipment. Testing of BOPs will be done according to Testing Requirements of MSOGB Statewide Rule 13 (Blowout Preventers and Well Control). It is the responsibility of the Contractor to maintain control of the well at all times.

3. Contractor shall furnish the rig with the necessary mud tanks, cement mixer, pumps, tools, workstring, water, and cement with a minimum of a four (4) man crew to pull tubing and packer, perforate, shoot, or part casing, place cement plugs, pressure test, tag plugs, cap well, and restore the location. The cost of any equipment and services necessitated by variances from the approved plugging procedures due to unanticipated downhole problems will be the responsibility of the Contractor.

4. With respect to plugging an orphan well where it is reasonably expected that Hydrogen Sulfide (H2S) may be encountered, plugging operations shall be completed in accordance with MSOGB Statewide Rule 66 (Operations Involving Hydrogen Sulfide). If H2S is reasonably expected to be encountered with respect to a particular plugging operation, the Contractor shall be required to engage a well-qualified company or individual specializing in H2S plugging operations where H2S concentrations are at or above 100 ppm.

5. Plugging Requirements for a Saltwater Disposal Well

Cement shall be squeezed or emplaced by bullhead method in all open perforations with a 100 foot excess above the perforations inside the casing. A volume of cement equal to 100 annular feet shall be squeezed or emplaced by bullhead method outside the casing beginning approximately 50 feet below the base of the USDW (as defined in MSOGB Statewide Rule 63) with a 100 foot excess above the perforation inside the casing. A 25-foot cement plug shall be placed in all casing annuluses at the surface. All plug depths shall be verified by tagging and the casing above the USDW must be pressure tested to 500 psi. If casing is pulled, an additional cement plug of 100 feet shall be placed across the cut-off stub and 50 feet into surface casing. All casing and pipe must be cut off at least 3 feet below ground level and a steel plate (with plugging date and API No. noted) must be welded on top of the cut casing.

6. Plugging Requirements for a Production Well

A 100 foot cement plug (or a cast iron bridge plug with at least 10 feet of cement placed on top) shall be placed within 90% of the top open perforation and a 100 foot cement plug shall be placed inside the casing beginning approximately 50 feet below the base of the USDW, with each cement plug verified by tagging. A 25 foot cement plug shall be placed at the surface (including casing annulus if applicable). If casing is pulled, an additional 100 foot cement plug shall be placed across the cut-off stub and 50 feet into surface casing, with its presence verified by tagging. Two hundred foot (200’) cement plugs may be set in lieu of tagging. All casings must be cut off at least three (3) feet below ground level and a steel plate (with plugging date and API No. noted) must be welded on top of the cut casing.

7. Plugging Requirements for a Dry Hole

If no production casing was run: A 100 foot cement plug shall be placed across the base of the surface casing with its presence verified by tagging. If the base of the USDW is above the surface casing shoe, a 100 foot cement plug shall be placed inside the casing beginning approximately 50 feet below the base of the USDW with its presence verified by tagging. A 25 foot cement plug shall be placed at the surface.