262-20240411140227 ESS VANS.docx
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- Attached to
- 262-20240411140227 ESS Vans
- Solicitation number
- 3170028370
- Issued by
- Jones County, Elliott CDP, Mississippi
About this file
This document is a Request for Quotes - Formal (RFQF) issued by Ellisville State School in Mississippi for the purchase of two (2) new, gasoline powered, step (walk-in) vans. The RFQF will be received by the Purchasing Office of Ellisville State School, or by electronic means via MAGIC, until 10:00 a.m. on May 6, 2024. The successful contractor must deliver the vehicles within a maximum time of 60-90 days after receipt of order. Bidders must include manufacturer information, brochures, and a seating layout/floor plan with their submissions. The agency will review and may accept or reject any revised or modified plans.
The bid price must include all components listed as standard equipment by the manufacturer and the specified options. Pricing shall remain firm until delivery is complete. Ellisville State School will award the contract to the lowest and best bidder meeting the specifications. The successful bidder must provide an authorized service and repair location within 75 miles of the facility and honor the 3-year/36,000 mile bumper-to-bumper warranty. Bidders must be licensed to sell these vehicles in the State of Mississippi.
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RFQF’s will be received in the Purchasing Office of Ellisville State School, or by electronic means via MAGIC until 10:00 a.m., May 6, 2024, for the purchase of two (2) new, gasoline powered, step (walk-in) vans.
Preparation of Bids Bids and/quotes may be submitted through the State of Mississippi’s e-procurement system. (MAGIC), via e-mail, or in person to Ellisville State School. Paper bids are allowed. All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed, in ink, by the person signing the bid.
To submit bids electronically, bidders must ensure they are registered in the MAGIC system and have received a login, password, and supplier number and that all technical requirements have been met.
If a bidder is unwilling or unable to participate through MAGIC, an Ellisville State School representative can enter the Vendor’s bid(s) manually (i.e. surrogate bidding).
Bidders participating in person by surrogate bidding must so indicate in their response to the initial Request for Quote-Formal (RFQF).
Failure to examine any drawings, specifications, and instructions will be at bidder’s risk.
Price each item separately. Unit prices shall be shown.
It is understood that reference to available specifications shall be sufficient to make the terms of such specifications binding on the bidder
Bidders must furnish all information requested in the bid specifications. Further, when required, each bidder must submit for bid evaluation cuts, sketches, descriptive literature and technical specifications covering products offered. Reference to literature submitted with a previous bid or on file with Ellisville State School will not satisfy the provision.
Samples of items, when requested, must be furnished free of expense, and if not destroyed in testing will, upon request, be returned at the bidder’s expense. Request for the return of samples must be made within ten (10) days following opening bids. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, State of Mississippi commodity number, bid number and item reference.
Step (Walk-In) Van Bid
Delivery Bid pricing shall include delivery, f.o.b. to Ellisville State School. Bid pricing shall remain firm until the delivery of the vehicles is complete.
Time and performance The number of calendar days in which delivery will be made after receipt of order shall be indicated in the bid specifications.
Bid Submission When submitting a bid electronically, the authorized signature may be typed or be an electronic signature.
Bids and modifications or corrections received after the closing time specified will not be considered.
When submitting the response to the RFQF in Magic, bidder must ensure all questions have been answered within the RFQF and all proposed items in the bid have a response.
Bidders submitting paper responses should submit responses to Ellisville State School by the response deadline.
Acceptance of Bids Ellisville State School reserves the right to reject any and all bids, to waive any informality in bids and unless otherwise specified by the bidders, to accept any items on the bid. Ellisville State School reserves the right to modify or cancel in whole or in part its Invitation for Bids. It is the intent of Ellisville State School to award this bid to the lowest and best bidder meeting the specifications, provided the bid is reasonable and it is in the best interest of the agency to accept it.
If a bidder fails to state the time within which a submitted will expire, it is understood and agreed that Ellisville State School shall have 60 days to accept.
Error In Bid If a vendor is participating in a LIVE Auction, the vendor can notify Ellisville State School in the event of an erroneous bid via the chat message feature. Erroneous bids, where the mistake is apparent to Ellisville State School, may be deleted during the live auction.
Submittals Bidders shall include with bid, the manufacturer(s) name(s), and brochures to include pictures, layout/drawings and other pertinent information. The van bid must fully comply with all specifications included herein. Failure to comply with this requirement will cause your bid to be rejected. Any vehicle delivered to the facility which does not fully meet the bid specifications will not be accepted.
Vendors must be licensed to sell these vehicles in the State of Mississippi in accordance with MS Code Section 63-17-73 and any other applicable laws and regulations. A copy of the valid license shall accompany bid. The agency purchase order will be issued to the vendor that is licensed in accordance with the above requirement.
Award Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications, except as otherwise specified in the bid specifications. Where more than one time is specified in the specifications, Ellisville State School reserves the right to determine the low bidder either on the basis of the individual item(s) or on the basis of all items included in its Invitation for Bids, or as expressly provided in Ellisville State School’s Invitation for Bids.
Unless the bidder specified otherwise in the bid, Ellisville State School may accept any item or group of items of any kind.
A written purchase order or contract award furnished to the successful bidder within the time of acceptance specified in the Invitation for Bid results in a binding contract without further action by either party. The contract shall consist solely of these General Conditions, the Instructions and Special Conditions, the successful bidder’s bid, and the written purchase order or contract award. The contract shall not be assignable in whole or in part without the written consent of Ellisville State School.
Inspection Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship shall be subject to inspection and test at all times and places, and when practicable. During manufacture, the right is reserved to reject articles which contain defective material and workmanship. Rejected material shall be removed by and at the expense of the contractor promptly after notification or rejection. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept of reject materials or supplies shall not impose liability on Ellisville State School or any subdivision thereof for such materials or supplies as are not in accordance with the specification. In the event necessity requires the use of materials or supplies not conforming to the specification, payment therefore may be made at a proper reduction in price.
Taxes Ellisville State School is exempt from federal excise taxes and state and local sales or use taxes and bidders must quote prices which do not include such taxes. Exemption certificates will be furnished upon request. Contractors making improvements to, additions to or repair work on real property on behalf of the State are liable for nay applicable sales or use tax on purchase of tangible personal property for use in connection with the contracts. Contractors are likewise liable for any applicable use tax on tangible personal property furnished to them by the State for use in connection with their contracts.
Gifts, Rebate, Gratuities Acceptance of gifts from bidders is prohibited. No officer or employee of Ellisville State School, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of materials, supplies, or equipment for the State of Mississippi may be awarded, by rebate, gifts, or otherwise any money or anything of value whatsoever, or any promise, obligation or contract for future rewards or compensation.
Bidding by state employees is prohibited. It is unlawful for any state official or employee to bid on, or sell, or offer for sale, any merchandise equipment or material, or similar commodity to the State during the tenure of his or her office or employment, or for the period prescribed by law thereafter, or to have any interest in the selling of the same to the State.
Bid Information Bid information and documents may be examined pursuant to the Mississippi Public Records Act of 1983, MS Code 25-61-1 et seq.
Precedence Bids shall be made and the contract shall be entered into in accordance with the General Conditions as hereinafter amended and modified. Should a conflict exist between the General Conditions and the Instructions and Special Conditions, the Instructions and Special Conditions shall take precedence.
Competition There are no federal or state laws that prohibit bidders from submitting a bid lower that a price or bid given to the US Government. Bidders may bid lower that US Government contract price without any liability as the State is exempt from the provisions of the Robinson-Patman Act and other related laws. In addition, the US Government has no provisions in any of its purchasing agreements with bidders whereby a lower price to the State must automatically be given to the US Government.
Waiver Ellisville State School reserves the right to waive any General Condition, Special Condition, or minor specification deviation when considered to be in the best interest of the State.
Cancellation Any contract or item award may be canceled with or without cause by the State with the giving of 30 days written notice of intent to cancel. Cause for the State to cancel may include, but is not limited to, cost exceeding current market prices for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions. The Contractor will be required to honor all purchase orders that were prepared and dated prior to the date of the expiration or cancellation if received by the Contractor within a period of 30 days following the date of expiration or cancellation. Cancellation by the State does not relieve the Contractor of any liability arising out of a default or nonperformance. If a contract is canceled by the State due to a Contractor’s request for an increase in prices or failure to perform, that Contractor will be disqualified from bidding for a period of 24 months. The Contractor may cancel a contract for a cause with the giving of 30 days written notice of intent to cancel. Cause for the Contractor to cancel may include, but is not limited to the item(s) being discontinued and/or unavailable from the manufacturer.
Substitutions During Contract During the term of a contract, if adequate documentation is provided that supports the claim that the contract item(s) are not available, items which meet the minimum specifications may be substituted if approved by Ellisville State School and the substitutions are deed to be in the best interest of the State.
Addenda Addenda modifying plans and/or specifications may be issued if time permits. No addendum will be issued within a period of two (2) working days prior to the time and date set for the id opening. Should it become necessary to issue an addendum within the two (2) day period prior to the bid opening, the bid date will be reset to a date not less than five (5) working days after the date of the addendum, giving the bidders ample time to comply with the addendum. When replying to a bid request on which an addendum has been issued, and the specifications require acknowledgment, the bid shall indicate that provisions of the addendum have been noted and that the bid is being offered in compliance therewith. Failure to make this statement may result in the bid being rejected as not being in accordance with the revised specifications or plans.
Non-responsive Bids Non-responsive bids will not be considered. A non-responsive bid is considered to be a bid that does not comply with the minimum provisions of the specification. Any bidder found to repeatedly offer alternated products that are not compliant with specifications in an attempt to obtain on the basis of pricing only will be disqualified from bidding for a period of 24 months.
Pre-Qualification Process The purpose of the RFQF is to advertise the competitive procurement for solicitation of formal quotes from potential bidders to participate in the Reverse Auction. Ellisville State School will be responsible for defining product categories, adding bidders, and publishing all bid related documents to the procurement portal. Once the responses have been received and the Opening Date has been reached, Ellisville State School will review the submissions to qualify bidders and determine a starting price for reverse auction items.
The invitation for bids/RFQF shall be advertises in accordance with Section 3.106.05.4 of the MS Procurement Manual. Ellisville State School shall advertise for 14 consecutive days in accordance with Section 31-7-13(c)(I)(1) of the Miss. Code Ann. Responses to the RFQF will be due on the 8th working day after the last day of advertisement.
Responses to the RFQF will be reviewed by Ellisville State School for responsiveness to specifications. Price quotes received will be evaluated in conjunction with other market research to determine the starting price for the Auction.
Ellisville State School will accept bidder responses in MAGIC who have qualified meeting Rfx specifications. Bidders not meeting specifications will not be allowed to participate in the Auction.
Once qualified, Ellisville State School will notify the vendor of Qualifications and the date of the Live Auction via e-mail. After receiving the confirmation e-mail, bidders should review/ensure technical requirements for MAGIC have been met or confirm Participation in person.
Prices accepted from bidder submissions shall be firm for the term of the contract except that the State shall receive the benefit of any price decrease in excess of five (5) percent. The contractor must provide written price reduction information within ten (10) days of its effective date.
Suspension and Debarment By submitting a 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.
Assignment The Contractor shall not assign or subcontract in whole or in part, its right or obligations under this agreement without prior written consent of Ellisville State School.
Indemnification Contractor, shall indemnify, defend, save and hold harmless, protect, and exonerate the State of Mississippi, its Commissioners, Board Members, officers, employees, agents, and representatives from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever, including, without limitations, court costs, investigative fees, expenses, and attorney’s fees, arising out of or caused by Contractor’s and/or its partners, principals, agents, employees, and/or subcontractors in the performance of or failure to perform this Agreement. In the State’s sole discretion, Contractor shall be solely liable for all reasonable costs and/or expenses associated with such defense and the State shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without the State’s concurrence, which the State shall not unreasonably withhold.
Live Auction Notification of Auction Start date and time will be sent via e-mail to qualifying bidders. If a bidder is unwilling or unable to participate through MAGIC, a representative from Ellisville State School can enter the Vendor’s bid(s) manually (i.e. Surrogate Bidding). If a bidder elects to participate via Surrogate Bidding, the bidder must be physically present at the public bidding location, with the means to submit written bids for each offer made and signed by an authorized agent of the Vendor. A bid Form will be provided to the Vendor at the start of the auction. This form will not be returned to the bidder but will become a part of the Bid Documentation for Evaluation by Ellisville State School.
The Auction time may be extended at the discretion of Ellisville State School. Examples of reasons to extend an auction include, but are not limited to, technical difficulties experienced by Ellisville State School or bidder, the need to pause the Auction, or bids placed within the last few moments of bidding.
Bidders may be removed from a live Auction from improper conduct, including but not limited to profanity, threats, consistently entering erroneous or extremely low bids, or other disruptive behavior.
Force Majeure If Ellisville State School is closed for any reason, including but not limited to: acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (the “Force Majeure Events”), which closure prevents the opening of bids at the advertised date and time, all bids received shall be publicly opened and read aloud on the next business day that the agency shall be open and at the previously advertised time. The new date and time of the bid opening, as determined in accordance with this paragraph, shall not be advertised, and all bidders, upon submission of a bid proposal, shall be deemed to have knowledge of and shall have agreed to the provisions of this paragraph. Bids shall be received by the agency until the new date and time of the bid opening as set forth herein. Ellisville State School shall not be held responsible for the receipt of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid by Ellisville State School prior to the new date and time of the live auction or bid opening.
If you have questions or need additional information, contact Layghathia Ducksworth in the Purchasing Department, (601) 477-5597 or Ivy East, (601 477-5631.
Ellisville State School is an equal opportunity employer MF/HV.
Step (Walk-In) Van Specifications
General: The vehicles shall be year model 2024 or newer Ford E 450 chassis or approved equal. The vehicle offered by bidders shall meet or exceed the requirements listed herein, the minimum standards required by Federal Motor Vehicles Safety Standards.
Delivery: To be accomplished within a maximum time of 60 - 90 days ARO. The successful contractor shall notify Lana Jefcoat, Procurement & Property Director, to schedule/coordinate equipment delivery. Vendor shall deliver vehicles to the main campus of Ellisville State School. Vans may be thoroughly inspected by receiving staff prior to acceptance by the facility.
Manuals: The successful contractor shall furnish all relevant materials and literature such as maintenance manuals, parts lists, wiring diagrams, warranty information and etc. The warranty information shall specify all components under warranty and the length of warranty for each component.
Warranty: The successful bidder shall warranty the vehicle against defects in all areas for a minimum period of 3 years/36,000 miles bumper to bumper. The successful bidder will place without charge any and/or all items that become defective within the warranty period unless the defect is clearly proved to have resulted from abuse of the vehicle.
Service: No bid will be considered without the bidder offering an authorized service/repair location within a maximum distance of 75 miles from the facility. The successful bidder shall be responsible for any repairs that become necessary within the warranty period to include towing if necessary. Designate service center name, location, contact person, and phone number if different from vendor. Attach a letter of acceptance.
Specifications - Specially Equipped Van
The van offered by bidders shall meet or exceed the requirements listed herein, and Federal Motor Vehicles Safety Standards. Enclosed is the preferred seating/layout floor plan. Bidders shall submit a seating layout/floor plan with bid for review by the agency. The Agency, at its discretion, may either accept or reject a revised or modified plan.
Minimum Requirements
2024 or newer E 450 Chassis or approved equal.
Chassis Specs:
| 2024 Ford E 450 Domestic Chassis |
| 138” Wheelbase Option |
| 7.3L V-8 Gasoline Engine |
| Independent Front Suspension |
| Automatic Transmission |
| Dual Rear Wheels |
| 16” Tires |
| 40 Gal Rear center Mount Fuel Tank |
| 14,000 GVWR Chassis |
| Chas Supplied Factory A/C Prep Kit |
| Std Heater Hose |
Length Options:
| 12’ |
| .100 Upper/.100 Lower Sidewall Mtl |
| 86.5 W |
Car Door Options:
| Slider Door LH and RH |
| Slider Window LH and Rh silver |
| Black finish lock |
| Key to Lock |
| Door Pockets |
Rear Structure options:
| Roll Up Door |
| Plastic Coated |
| Full Width |
| Maximum Security Lock |
Seating Options:
| Standard High Back Driver and Passenger Seat |
| Black Vinyl |
| Fixed Pedestal Drivers Seat Without armrests |
| 3PT Seatbelt W/2 LOC D-Ring |
Bulkhead options 86.5 x 81:
| Bulkhead W/CTR Opening & Door |
| .125 Aluminum |
| Black Finish Latch |
| Key Lock |
Driver Convenience Options:
| Intermittent Wipers |
| Single Wiper Motion System |
| Non-Skid Tape on Cab Floor Risers |
| Sun Visor Driver Side 8 x 28 Padded |
| Sun Visor Passenger Side 8 x 24 Padded |
| ABS Cup Holder LH Dash Mount |
| Extra Stiffener on Trans Cover |
Worktables, Trays, Storage
| Aluminum Engine Cover |
| Aluminum Document Holder 3 x 8 x 12 on Eng Cvr |
| Overhead Shelf Center Support |
Dash Interior Lighting Options:
| Cab Dome Light 4” LED |
| Dome Light Switch on Headlamp |
| Ergo Dash |
| No Monitor in Dash |
| No Single DIN Radio in Dash |
| Ergo Dash No RH Wing |
Roof Options:
.032” Smooth Aluminum Exterior
Step (Walk-In) Van Bid
| .024” Embossed Interior |
| Fiberglass Insulation R4 |
| Roof Casting for Mini Markers |
Cargo Floor Options:
| Rear Threshold Drains (2) |
| Body Undercoating |
| Fuel Sending Unit Access |
| Wheel well 48” W Aisle Drw |
| Cargo Floor Planks Max 8” |
Side & Rear Wall Options:
| Heavy Duty Stud Profile (Hat Style) |
| Optional 24” Spacing |
| Round Rubrail Profile |
| Standard Sidewall Layout |
| .100 Upper/.100 Lower Sidewall Mtl |
| Sidewall Liner Options |
| Upfit Installed Liner |
| 5/8” Plywood W/.060Kemlite |
| 1 3/8” Ploystyrene Insul R4 |
| E-Track 2 Row Each Side |
| Vent Fresh Air 4 x 10 Qtr Pnl LH |
RR Bumpers, Hitches, Liftgates:
12” Treadplate Bumper Exterior Body Options:
| Tinted Windshield W/ Shade Band |
| Bonded Windshield Glass |
| Exterior Mirrors Rectangular 6.5 x 10 Black |
| Rectangular Convex Mirror 6 x 6.5 |
| Not Heated |
| Rear Fender Flare Rubber |
| Extra wide Fender Flare 86.5/88.5 W |
| Fuel Fill Door & Closer |
| Wheel Well Cutout Location |
Hood & Frt Bumper Options:
| RIM Lift Up Hood |
| Halogen Headlights ATC Rect |
| Seven Tube Grille Insert |
| Utilmaster 9” Front Bumper 7 GA |
| Extra Hood Hold Downs |
Paint & Decal Options:
| Paint Ext Standard White |
| Paint Front/Rear Bumpers Standard Black |
Ext Lighting Options:
| 4.5 Led Std Grommet mounted LED STT & Backup |
| LED Backup LT |
| Clearance Lights LED Mini Marker Frt & Rear |
| Mini Clearance Lts in Rear Corners |
| LED front Turn Lights W/ Black Flange |
Step (Walk-In) Van Bid
| LED License Plate Centered |
| Tail & Backup Lts in Kickplate |
| Rear Taillight Wiring Shield |
Int. Lighting Options:
LED lights to run horizontally on the roof of the cargo cab HVAC Options:
| Cab AC W/ Electronic Controls |
| Cargo AC w/ Electronic Controls |
Chassis Related Options:
| Front End Align (Camber/Caster/Toe) |
| PDI |
Vans must be equipped with a rear-view back-up camera system.
The vendor acknowledges, by submitting their bid, that all decisions of Ellisville State School are final.
Bid Form Gasoline powered, Step (Walk-In) van; floor plan submittal required. The bidder shall offer the options as specified herein. Any brand names listed are used to establish an industry standard. Equals will be considered if they meet or exceed requirements.
The bid price shall include all components listed as standard equipment by manufacturer and the options listed in the specifications.
Qty Description Unit Price
2 ea. Step (Walk-In) Vans with Lifts $___________
Specify Brand/Model:___________________________________________________________ Specify Wheel Base:____________________________________________________________ Specify Chassis: _______________________________________________________________ Specify Seating Capacity:________________________________________________________ Specify Fuel Tank Capacity:______________________________________________________ Specify Warranty:______________________________________________________________
Delivery will be accomplished in ________ days after receipt of order. (Maximum time of 60-90 days ARO).
Date:_____________________ Company:_________________________________
Phone No._________________ Authorized Signature:________________________
Fax No.___________________ Address:___________________________________
City/State/Zip:_______________ Step (Walk-In) Van Bid
Prospective Contractor’s Representation Regarding Contingent Fees:
The prospective contractor represents as a part of such contractor’s bid or proposal that such contractor has/has not (circle applicable word) retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract.
Applicable Law The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of the state. The contractor shall comply with applicable federal, state, and local laws and regulations
Availability of Funds: It is expressly understood and agreed that the obligation of Ellisville State School to proceed under any eventual agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the agreement are, at anytime, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided of if funds are not otherwise available to Ellisville State School, Ellisville State School shall have the right upon ten (10) days written notice to the vendor, to terminate this agreement without damage, penalty, cost or expenses to the state of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.
Procurement Regulations Procurement Regulations: The contract shall be governed by the applicable provisions of the Personal Service Contract Review Board Regulations, a copy of which is available at 210 East Capital Street, Suite 800, Jackson, MS, for inspection, or downloadable at www.mspb.ms.gov
Compliance with Laws Contractor understands that Ellisville State School 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 consideration made unlawful by federal, State, or local laws. All such discrimination is unlawful and the contractor agrees during the term of the agreement that the contractor will strictly adhere to this policy in its employment practices and provisions of services. The contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, State of Mississippi, and local laws and regulations, as now existing and as may be amended or modified.
Stop Work Order Order to stop work: The procurement officer, may, by written order to the contractor at any time, and without notice to any surety, require the contractor to stop all or any part of the work called for by this contract. This order shall be for a specified period not exceeding 90 days after the order is delivered to the contractor, unless the parties agree to any further period. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the contractor shall forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed, the procurement officer shall either:
Step (Walk-In) Van Bid.
A) cancel the stop work order; or, B) terminate the work covered by such order as provided in the Termination for Default Clause or the Termination for Convenience Clause of this contract.
Cancellation or expiration of the order: If a stop work order issued under this clause is cancelled at any time during the period specified in the order, or if the period of the order or any extension thereof expires, the contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or contractor price, or both, and the contract shall be modified in writing accordingly, if:
A) the stop work order results in an increase in the time required for, or in the contractor’s properly allocable to, the performance of any part of this contract: and, B) the contractor asserts a claim for such an adjustment within 30 days after the end of the period of work stoppage; provided that, if the procurement officer decides that the facts justify such action, any such claim asserted may be received and acted upon at any time prior to final payment under this contract.
Termination of Stopped Work If a stop work order is not cancelled and the work covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop work order shall be allowed by or adjustment or otherwise.
Adjustments of Price Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment clause of this contract.
Representation Regarding Contingent Fees The bidder, offeror, respondent, or contractor represents that it has not retained a person to solicit or secure a State contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in the offeror’s proposal.
Representation regarding Gratuities The offeror, or contractor represents that it has not violated, is not violating, and promised that it will not violate the prohibition against gratuities set forth in Section 6-204 of the Mississippi Personal Services Contract Procurement Regulations.
Acknowledge of Amendments Offerors shall acknowledge receipt of amendment to the solicitation by signing and returning the amendment with the proposal, by identifying the amendment number and date in the space provided for this purpose on the proposal form, or by letter. The acknowledgment must be received by Ellisville State School by the time and the place specified for receipt of proposals.
Certification of Independent Price Determination The offeror certifies that the prices submitted in response to the solicitation have been arrived at independently and without - for the purpose of restricting competition - any consultation, communication, or agreement with any other offeror or competitor relating to those prices, the intention to submit a proposal, or the methods or factors used to calculate the prices proposed.
E-Payment Contractor agrees to accept all payments in US currency via the State of MS’s electronic payment and remittance vehicle. The agency agrees to make payment in accordance with MS law on “Timely Payments for Purchases by Public Bodies,” MS Code Annotated 31-7-301, which generally provides for payment of undisputed amounts by the agency within forty-five (45) days of receipt of invoice.
E-Verification Contractor represents and warrants that it will ensure its compliance with the MS Employment Protection Act, MS Code Annotated 71-11-1 and 71-11-3, 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 MS. As used herein, “status verification system” means the legal Immigration and Immigration Responsibility Act of 1966 that is operated by the US 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 State, to provide a copy of each such verification to the State. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws of these warranties, the breach of which may subject Contractor to the following:
1) termination of this agreement and ineligibility for any state or public contract in MS for up to three (3) years with notice of such cancellation/termination being made public;
2) 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 MS for up to one (1) year; or,
3) both - in the event of such termination/cancellation, Contractor would also be liable for any additional costs incurred by the State due to Contract cancellation or loss of license or permit.
Paymode Payments by state agencies using the State’s accounting (MAGIC) system shall be made and remittance information provided electronically as directed by the State. These payments shall be deposited into the bank account of Contractor’s choice. The State may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this Agreement. Contractor understands and agrees that the State is exempt from the payment of taxes. All payments shall be in United States currency.
Step (Walk-In) Vans Bid
Transparency This contract, including any accompanying exhibits, attachments, and appendices, is subject to the “MS Public Records Act of 1983,” codified as section 25-61-1 et seq., MS Code Annotated and exceptions found in Section 79-23-1 of the MS Code Annotated (1972, as amended). In addition, this contract is subject to the provisions of the MS Accountability and Transparency Act of 2008 (MATA), codified as Section 31-7-13 of the MS code Annotated (1972, as amended). Unless exempted from disclosure due to a court-issued protective order, this contract is required to be posted to the Department of Finance and Administration’s independent agency contract website for public access at www.transparency.mississippi.gov. Prior to posting the contract to the website, any information identified by the Contractor as trade secrets, or other proprietary information including confidential vendor information, or any other information which is required confidential by state or federal law or outside the applicable freedom of information statues will be redacted.
Trade Secrets, Commercial and Financial Information It is expressly understood That Mississippi Law requires that the provisions of this contract which contain the commodities purchased or the personal or professional services provided, the price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information and shall be available for examination, copying, or reproduction.
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