2026-2027 INSTRUCTIONS AND SPECIAL COND. PASSENGER CARS, VANS, SUVS, & TRUCKS.pdf

INSTRUCTIONS AND SPECIAL CONDITIONS

FOR

VEHICLES, TRUCKS, VANS & SUVS

RFx #3160008214

2026-2027

REVISED

8/15/2026

1. SCOPE

1.1 Purpose. The purpose of this Invitation to Bid is to establish a source or sources of supply for the purchase of 2027 or newer vehicles by all state agencies and by governing authorities within the geographic limits of the State of Mississippi.

1.2 Term. The term of the contract for vehicles shall be for a period of twelve (12) months.

It shall be understood that the contract is designed to allow the contract vendor to deliver on the basis of a factory "retail" order and not as an "out-of-stock" delivery. For this reason, the State will honor the factory established "shut off" date and will not require out-of-stock deliveries through the remainder of model year.

The contract vendor may deliver 2028-year models if they are available during the term of the contract provided the 2028-year model meets all the specifications met by the 2027 models. Prior to substitution, the contract vendor must submit official documentation for approval by the Department of Finance and Administration.

The manufacturer and/or contract vendor may agree to extend contract pricing to the

2028 models. Upon agreement, a Rollover Authorization form will be issued to the contract vendor for execution by authorized signatories.

The term of the contract shall begin October 1, 2026, and end June 30, 2027.

1.3 Volume. The total quantity of purchases of any individual item on the Contract is not known. The Department of Finance and Administration does not guarantee that the State will buy any specified item or any total amount. All orders received by the contract vendor during the term of the Contract shall be filled in accordance with the terms and conditions hereinafter set forth.

1.4 Statewide Term Contract. A Statewide Term Contract or Contracts will be awarded by the Department of Finance and Administration pursuant to Mississippi law and the provisions contained herein.

1.5 Additions/Deletions/Changes. The Department of Finance and Administration reserves the right to add commodities and/or contract vendors and to make other changes that is within the original scope of the Contract during the term of the Contract. Any such change will be made through the competitive bid process.

1.6 Exemptions/Special Conditions. The Department of Finance and Administration reserves the right to authorize agencies to make purchases outside the terms of this contract if it is deemed to be in the best interest of the Agency and the State and in compliance with statutory bidding requirements.

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2. SPECIAL CONDITIONS

2.1 Firm Bid Price Period. Prices shall be firm for the term of the contract except the State shall be advised of, and receive the benefit of, any price decrease.

2.2 Dealer Facility Requirement

To be eligible to submit a bid under this solicitation, the bidder must be a properly licensed motor vehicle dealer in the State of Mississippi and maintain an established business location in a permanent building or structure (“brick-and-mortar” facility).

The facility must provide adequate space for the display of new motor vehicles and adequate facilities for the repair and servicing of motor vehicles and the storage of new parts and accessories, consistent with the requirements of Mississippi Code § 63-17-

75(2)(d).

The bidder must maintain the required facility throughout the term of any resulting contract. The State reserves the right to request documentation verifying the bidder’s compliance with this requirement.

This requirement is intended to ensure that State contract vehicle vendors maintain an established dealership capable of providing warranty service, repairs, replacement parts, pre-delivery servicing, and other necessary support for vehicles purchased by the State.

The State’s specifications require warranty service and repairs, availability of replacement parts, and pre-delivery servicing of vehicles.

2.3 Price Increase Rejected. Any request for price increase during the term of the contract will be rejected. Should this rejection result in a cancellation of the Contract, a new Contract will be established as per prescribed competitive bid procedures. Bids submitted by the contract vendor causing cancellation will not be considered. Further, that vendor shall be removed from the Qualified Bidders List for a period of five (5) full contract years.

2.4 Vehicle Availability and Manufacturer Notifications. If the manufacturer announces an order bank closure, production cut-off or model year transition, the contract vendor is required to provide official written notice from the manufacturer to the Department of Finance and Administration.

This notice will serve as the final determination of the vehicle availability and will be used to inform state agencies, counties, and municipalities. The dealer will be required to honor the information provided in the manufacturer’s notification.

Additionally, the dealer must ensure that no conflicting or misleading information is communicated to state agencies, counties or municipalities regarding vehicle availability as governed by the terms of the contract and special conditions.

2.5 Governmental Restrictions. In the event any governmental restrictions may be imposed

P a g e | 3 which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the contract vendor to notify this Office at once indicating in his letter the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

2.6 Reports. On a semiannual basis, contract vendors shall furnish a report of the vehicles purchased under the contract to the Department of Finance and Administration. The Department of Finance and Administration will provide each contractor with an Excel spreadsheet with the required information.

Failure to provide this information may result in your name being removed from the list of bidders.

2.7 F.O.B. Requirements. The prices quoted shall be F.O.B. dealer point. Vehicles must be delivered if requested by the purchasing agency. Vehicles may be delivered to the agency (to any point in Mississippi) at the rate of $2.25 per mile one way, beginning at the contract vendor’s dealership. Such mileage will be measured according to an acceptable highway map with consideration for additional mileage to points within or -outside of the city limits of the designated city of delivery.

Orders over 100 vehicles per order may be delivered, if requested by the purchasing agency, to any point in Mississippi, and the dealer will be paid at the rate of $1.50 per mile one way, beginning at the vendor’s dealership.

The Cab and Chassis will be paid at the rate of $2.50 per mile one way.

The contract vendor will be responsible for assuring that when delivered or picked up by the purchasing agency, the vehicle shall not have less than five (5) gallons of fuel. If the purchasing agency requests vehicles be delivered, the vendor will be responsible for delivering vehicles by the 1st and 15th of each month.

2.8 Regulation 8 – Documentary/Service Fees. In accordance with Regulation 8 of the

Mississippi Automobile Dealers Association, the maximum allowable charge for a

Documentary/Service Fee is $425.00.

If your dealership elects to charge the State of Mississippi an established

“Documentary/Service Fee”, the fee will need to be deducted from the contract price and added back as a line item on the bill of sale. Listed below is an example of how this should work:

State contract price for vehicle: $20,425.00

Bill of Sale would price: $20,000.00

The documentary/service fee: $425.00

Bottom Line vehicle price: $20,425.00

2.9 Arbitration Clause. No contract with a state agency or political subdivision for the purchase of automobiles may include an arbitration clause. Arbitration is authorized

P a g e | 4 in the State of Mississippi pursuant to Section 11-15-1, et seq., of the Mississippi Code of 1972, as amended.

However, the State and its political subdivisions are not “persons” as defined by Section

11-15-1. Consequently, under Mississippi law, the State and its political subdivisions may only arbitrate in the limited circumstances found in Section 11-15-101.

2.10 Discrimination. The bidder understands that the State is an equal opportunity employer and, therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any other such discrimination; and the bidder, by signing this bid, agrees during the term of the agreement that the bidder will strictly adhere to this policy in its employment practices and provision of products or services.

2.11 Minority Vendor Status. Bidders should indicate if they are a Minority Vendor. Minority vendor means a business concern that (1) is at least 51% minority-owned by one or more individuals, or minority business enterprises that are both socially and economically disadvantaged, and (2) have its management and daily business controlled by one or more such individuals as ascribed under the Minority Business Enterprise Act 57-69 and the Small Business Act 15 USCS, Section 637(a). MINORITY as used in this provision means a person who is a citizen or lawful permanent resident of the United States and who is: Black Americans - racial groups of Africa; Hispanic Americans - of Mexican, Puerto Rican, Cuban, Central/South America, Spanish or Portuguese culture or origin;

Native Americans - origin in any of the original peoples of North America; Asian Pacific Americans - origins of the Far East, Southeast Asia, the Indian subcontinent; Women.

Bidders should indicate on the Bid if they qualify under this section. The Department of Finance and Administration will include this information in the documents distributed to the agencies and governing authorities.

2.12 E-Verify Compliance - Contractor/Seller 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/Seller agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Contractor/Seller 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/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller 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/Seller 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/Seller would also be liable for any additional costs incurred by the State due to contract cancellation or loss of

P a g e | 5 license or permit.

2.13 Suspension and Debarment Certification. By submitting your bid, the bidder is certifying that neither the bidder nor any potential subcontractors are debarred or suspended or are otherwise excluded from or ineligible for participation in Federal assistance programs.

2.14 Notice of Award Review. Upon completion of the bid evaluation process, the

Department of Finance and Administration will distribute a Notice of Award through MAGIC, our web-based procurement system, to the contract vendor(s) who have submitted the apparent low bid(s) meeting specifications. The letter will indicate that the awarded vendor should review the Notice of Award and notify the Department of Finance and Administration, in writing, of any errors by a specified date. The specified date will be considered to be the "evaluation review deadline."

2.15 Supports for Electronic Catalogs. Bidders awarded a state contract resulting from this solicitation are required, within ten (10) working days of written notice from the State, to provide all information necessary to facilitate electronic purchases from the state contract. The information must be provided in the electronic format specified by the State, which is generally an Excel spreadsheet. A sample of this format will be provided to the awarded contract vendor(s) at the time of award. No costs or expenses associated with providing this information in the required format shall be charged to the State of Mississippi.

2.16 Consequence of Cancellation. Bidders who claim to have made an error on their bid and can provide adequate documentation to substantiate the claim may withdraw the bid without penalty anytime on or before the evaluation review deadline. Any bidder who withdraws a bid after the evaluation review deadline shall be removed from the bidders list for a period of five (5) years. Any intent to withdraw must be made in writing.

2.17 Removal from State Contract. Failure to fulfil the requirements of the State vehicle contract and the terms and conditions of this document will result in termination of the contract.

Termination will disqualify a vendor from future bidding and award on the State vehicle contract for a period of five (5) years, effective from the date of termination.

Additionally, by submitting a Proposal, the Vendor agrees it is liable to the State for any damages occurred as a result of the termination for failure to perform, including any costs borne by the State in securing the same or a similar vehicle from another source.

3. BID INSTRUCTIONS

3.1 Bid Package. The bid package consists of the following:

- General Conditions

- Instructions and Special Conditions

- Specifications

- Invitation to Bid Form (requires signatures and submission)

- Appendix A Bid Opening Rules (requires signature and submission)

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a. Invitation to Bid Form. The Invitation to Bid form must be fully completed, including all required signatures. This document should be submitted prior to the Bid Opening, either by email or hand delivery. By signing the bid form, the vendor acknowledges and agrees to all terms and conditions outlined in this document, including the prohibition on arbitration clauses as stated in Section 2.8.

b. Compliance with Motor Vehicle Commission Law. Each dealer is also required to provide their Motor Vehicle Commission license number in the designated section of Part II on the Bid Form.

c. Appendix A (Bid Opening Rules). All vendors must review Appendix A and submit a signed acknowledgement of the Bid Opening Rules along with the Invitation to Bid form.

d. RFx Questions and Document Confirmation. As part of the RFx process in MAGIC, all vendors are required to confirm that they have reviewed all documents, submitted any necessary questions, and reviewed all responses provided by the State. This confirmation shall be acknowledged within MAGIC as part of the vendor’s bid submission. Failure to comply with this requirement may result in disqualification or rejection of the bid.

3.2 Submission of Bids. Bids may be submitted electronically. Electronic submissions through MAGIC are automatically dated and time stamped.

All bids submitted by mail or hand delivery must be signed by the contract vendor’s

Commercial Fleet Manager as well as the General Manager or owner. This is a mandatory requirement, and failure to include the signed documents may result in rejection of the bid.

3.3 Additional Information for each item.

a. Make and Series. Enter the manufacturer's make and series for each model being bid. Be sure to include the series model number as it appears on the factory invoice.

b. Engine Size. Enter the engine size for each product being bid.

c. Warranty. Enter the manufacturer’s basic warranty. Warranties shall be expressed in months/miles. For example, a basic warranty of 36 months or 36,000 miles, whichever comes first, should be written 36/36,000.

d. Fuel Economy. Enter the manufacturer’s stated miles per gallon for city/highway and a combination of the two. Any item which does not have the specified fuel source in the item description, or the header shall be gasoline.

e. Delivery. Delivery should be made within 180 calendar days after receipt of order by the contract vendor. If circumstances beyond the control of the contract vendor cause delivery to be longer than 180 calendar days, the contract vendor shall notify the ordering entities and Department of Finance and Administration immediately in written format (email).

If the delivery time goes beyond 180 days, the purchase order (PO) is subject to

P a g e | 7 cancellation at the ordering entity’s discretion.

Vehicles with a production date longer than 180 days shall be awarded at

Department of Finance and Administration’s discretion. If awarded, the tentative production date will be noted on the price sheet.

3.4 Bid Tabulation Review. All vendors are invited and encouraged to attend the bid opening meeting. After the close of the bid opening meeting, the bids will be considered to be in the evaluation process and will not be available for review by vendors. Upon completion of the evaluation process, the Department of Finance and Administration will distribute letters to the vendors who submitted the apparent low bid(s) meeting specifications. (See Section 2.13)

Vendors may request copies of bid tabulations and evaluations pursuant to the Public Records Request Act, MS Code 25-41-1 et seq.

3.5 Bid Opening Rules. Vendors and members of the public are invited and encouraged to attend the bid opening. In order to maintain a professional and respectful environment for all participants, the Department of Finance and Administration has established Bid Opening Rules, provided in Appendix A of this bid document.

All vendors must review Appendix A and submit a signed acknowledgement of the

Bid Opening Rules along with the Invitation to Bid form. Failure to include the signed acknowledgement may result in the bid being considered non-responsive.

3.6 Bid Review Schedule. Unless otherwise indicated, the following bid review schedule will be adhered to. Any protest or questions concerning the evaluation or award must be received by the Department of Finance and Administration on or before the evaluation review deadline.

Bid Opening Meeting: September 4, 2026; 2:00 p.m.

Evaluation Process: September 4, 2026 – September 9, 2026

Distribution of Apparent Award: September 9, 2026 - September 15, 2026

Evaluation Review Period: September 16, 2026- September 22, 2026

Evaluation Review Deadline: September 22, 2026

Effective Date: October 1, 2026

The term of the contract shall begin October 1, 2026, and end June 30, 2027

This schedule may be revised to later dates if situations warrant such revisions. Any vendor wishing to be advised of such revisions should submit a letter with their bid which indicates this desire. Vendors listed in MAGIC under this bid solicitation will automatically receive email notifications from MAGIC regarding any revisions to the Bid Opening dates.

4. SPECIFICATIONS

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4.1 Specifications Based on Standard State Specifications. All items must equal or exceed the specifications listed. 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. Bidders must, when requested, submit for bid evaluation applicable descriptive literature and technical specifications covering the vehicle offered. Reference to literature submitted previously will not satisfy this provision.

5. EVALUATION AND AWARD

5.1 Rejection. The Department of Finance and Administration reserves the right to reject any bid that contains prices for individual commodities or services that are inconsistent or unrealistic when compared to other prices in the same or other bids, if such action would be in the best interest of the State.

5.2 Bidder's Qualification. Awarded bidders must, upon request of the State, provide satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of these specifications. The Department of Finance and Administration reserves the right to make the final determination as the awarded bidder's ability.

5.3 Award. The State shall award by:

Item

5.4 Single Award Preferred. The State prefers to award a single Contract for all the commodities listed; however, separate awards may be made by:

Item

The State reserves the right to award the following categories as follows:

Passenger vehicles: sub-compact, compact, mid-size, and large may be awarded to each of the manufacturers, for example, General Motors, Ford, Chrysler, and Import category.

These multiple awards will be awarded only if the bid price(s) are within 10% or $2500.00, whichever is less, from the lowest new bid price.

Pickup Trucks may be awarded in the same manner.

Secondary contracts are only used if Primary Contracts cannot fulfill production and delivery. Vendors will be notified in the Bid Solicitation if this is the award preference.

5.5 Award Criteria. The award will be made for the best bid or bids meeting the criteria of the specifications and based on what is in the best interest of the State. Factors to be considered in determining the best bid or bids include:

- Price

- Conformity with Specifications

- Responsibility of the Bidder

- Product Availability

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6. CONTRACT ADMINISTRATION

6.1 Inquiries. Questions or problems arising from bid procedures or subsequent order and delivery procedures should be submitted to the Department of Finance and Administration, 1321A Woolfolk Building, 501 North West Street, Jackson, MS 39201; Phone: 601-359-5317. All inquiries must be submitted in writing. No questions will be answered verbally

6.2 Assignment. No Contract may be assigned, sublet, or transferred without the written consent of the Director, Department of Finance and Administration.

6.3 Contract Distribution. After Contracts are awarded, they will be published and distributed to user agencies and to local governmental units, such as counties, cities, special districts, school districts, etc. In addition, the contracts will be available on the website, www.dfa.ms.gov.

6.4 Billing Instructions. Invoices must be billed to the address listed on each individual Purchase Order and should include a detailed breakdown, with separate pricing for any optional equipment provided beyond the base specifications.

6.5 Payment and Invoices. After merchandise has been received and invoices submitted to the purchasing agency, it shall be the responsibility of the purchasing agency to make prompt payment. In the event the vehicle is deliv-ered to and accepted by the purchasing agency and payment is not received within 45 days of the date of acceptance, the purchasing agency shall pay the vendor one and one-half percent (1.5%) per month from the 45th day to the date of payment. Any questions concerning payment should be addressed to the purchasing agency.

The State requires the contract vendor to submit invoices electronically throughout the term of the agreement. Vendor invoices shall be submitted to the purchasing agency using the processes and procedures identified by the State.

Payments by state agencies shall be made and remittance information provided electronically as directed by the State. These payments shall be deposited into the bank account of the contract vendor’s choice. The contract vendor understands and agrees that the State is exempt from the payment of taxes. All payments shall be in United States currency.

6.6 Manufacturer's Recall Program. When sales information is submitted to the manufacturer/vendor on any vehicle sold under the provisions of this contract, the correct name and address of the purchasing agency must be shown. "State of Mississippi" only will not be acceptable. Recall programs have gone unanswered because of lack of proper identification of the buyer being submitted on the computer sales report.

7. MAGIC REGISTRATION

7.1 Registration - State of Mississippi E- Procurement System Please note: It shall be the responsibility of each manufacturer to ensure that your

P a g e | 10 profile is current in our e-procurement system. The website to register as a vendor with the State of Mississippi is: http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/. If you currently have a State Contract for the commodity listed above and you are unsure of your vendor number, please contact Scott Myrick at Scott.Myrick@dfa.ms.gov or 601-359- 5317.

State contract vendors that do not have a MAGIC User Id and password, an email should be sent to mash@dfa.ms.gov. Enter "Vendor ID Request" as the email Subject, and include the following information in your email:

i. MAGIC Vendor Number

ii. Vendor Name

iii. Contact Name

iv. Contact Email Address

v. Contact Phone Number

Current information such as e-mail addresses, contact person(s), phone number(s), etc., must be updated whenever there are any changes to your profile.

All Manufacturers/Vendors must verify that their registration and W9 tax ID information is correct and updated in MAGIC. If Manufacturers/Vendors need to update their tax ID or send a verified current W9, please email W9 to OFMMagic@dfa.ms.gov.

http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/ http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/ mailto:Scott.Myrick@dfa.ms.gov mailto:mash@dfa.ms.gov mailto:OFMMagic@dfa.ms.gov