BID PACKET - TREE CANOPY ASSESSMENTS 2025.pdf

RFx 3160007318 Page 1 of 23

MISSISSIPPI FORESTRY COMMISSION

3139 Highway 468 West

Pearl, MS 39208

RFx Number: 3160007318 Smart RFx Number: 1451-25-R-IFBD-00002

NOTICE REQUEST/INVITATION FOR BIDS (IFB)

The Mississippi Forestry Commission is requesting sealed bids at its office at 3139 Highway 468 West, Pearl, MS 39208 for the following:

Personal Service Contract:

Urban Tree Canopy Assessment

Responses may be received electronically at https://portal.magic.ms.gov or via sealed envelopes at the Mississippi Forestry Commission, 3139 Highway 468 West, Pearl, MS 39208 until 11:00 A.M. Monday, May 12, 2025.

Non-registered vendors needing assistance to register in MAGIC, contact the MAGIC Help Desk at (601) 359-1343.

Instructions on how to be set up in MAGIC are on Page 2 of the solicitation.

https://portal.magic.ms.gov/

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INSTRUCTIONS ON HOW TO SIGN UP FOR MAGIC

To register in MAGIC as a vendor, here are the steps:

www.dfa.ms.gov Supplier / Vendor Vendor Registration State of Mississippi Supplier Registration – complete and submit online. If you need assistance with the product code, please contact Rebekah Olander, (601) 359-2830, rolander@mfc.ms.gov or Miranda Burns, (601) 906-8591, mburns@mfc.ms.gov

To register for Paymode (Direct Deposit/EFT), here are the steps:

www.dfa.ms.gov Supplier / Vendor Paymode Registration www.paymode.com/ms Enroll today (requires an email and password) – complete and submit online. The vendor must complete this because it pertains to their banking information and no one at Forestry is to assist the vendor.

INFORMATION TO CONTACT MASH (MAGIC Help Desk)

Phone Number: (601) 359-1343 Email Address: mash@dfa.ms.gov http://www.dfa.ms.gov/ mailto:rolander@mfc.ms.gov mailto:mburns@mfc.ms.gov http://www.dfa.ms.gov/ http://www.paymode.com/ms mailto:mash@dfa.ms.gov

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SOLICITATION INFORMATION

Purpose

The United States Department of Agriculture (USDA) has awarded the Mississippi Forestry Commission (MFC) a $7.25 million grant under the RESTORE Act (Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act). This funding is aimed at enhancing forest resources critical to the health of the Gulf of Mexico and is part of the Enhancing Gulf Waters through the Forested Watershed Restoration program.

All funds will support the primary RESTORE Comprehensive Plan goal to restore water quality and quantity through activities that restore private and public forests. The MFC will provide technical and financial assistance to private landowners and communities in watersheds where forest resources are instrumental to these efforts.

The project, initiated in response to the BP Oil Spill, aligns with the primary goal of improving water quality and quantity through forest restoration. Key efforts will include conducting prescribed burns on private lands, developing management plans for landowners, certifying properties under the American Tree Farm System, and engaging in outreach activities.

The project will focus on several objectives, including restoring private and public forests, providing technical and financial support for forest management activities, and quantifying the results of restoration efforts in collaboration with the Southern Research Station. Key partners include the Mississippi Forestry Association (MFA), Southern Research Station, and the National Fish and Wildlife Foundation (NFWF).

In Mississippi, the focus areas will include Jackson, Harrison, Hancock, George, Stone, and Pearl River counties, prioritizing sub-basins like Escatawpa, Lower Pearl, and Pascagoula. The initiative will target impaired waterways identified by the Mississippi Department of Environmental Quality, particularly in coastal urban communities. The project aims to demonstrate how effective forest management can lead to improved water quality and quantity entering the Gulf of America, paving the way for a healthier ecosystem and stronger communities.

The Mississippi Forestry Commission (hereinafter “Agency”) has issued this solicitation for the purpose of soliciting sealed bids from qualified Vendors to provide Tree Canopy Assessments. The Agency wants assistance to perform/provide canopy assessments in coastal cities as part of the RESTORE Grant awarded by the USDA. The Contractor will perform/provide Tree Canopy Assessments for the designated cities within the RESTORE Grant. The goal of this project is to determine Urban and Community Forestry needs of the municipalities related to restoring water quality and health of the Gulf of America.

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Timeline

IFB Issue Date: April 11, 2025 Questions & Request for Clarification – Due:

April 22, 2025

Anticipated Posting of Answers to Questions:

May 2, 2025

Bid Package Submission Deadline: May 12, 2025 Bid Opening: May 12, 2025 Anticipated Date of the Notice of Intent to Award:

May 15, 2025

MFC reserves the right to post Answers to Questions and to issue the Notice of Intent to Award on dates other than those stated above without amendment to this IFB. No other dates shall be changed unless a written amendment is issued.

Questions or Request for Clarification

All questions and requests for clarification must be directly emailed to Dodie Frazier at dfrazier@mfc.ms.gov. Vendors should enter “IFB RFX # 3160007318 – Questions – TCA”.

Vendors must submit all questions and request for clarification by email only on or before April 22, 2025, at 5:00 pm CST. The Vendor bears all delivery risks and is responsible for promptly submitting questions. MFC may not answer questions received via email after the above-stated date and time.

MFC is committed to transparency. We will publish all questions, request for clarification, and answers to the MFC website. Should the need arise, these questions, request for clarification and answers will be added to the contract in MAGIC.

MFC will not be bound by any verbal or written information not contained within this IFB unless a written amendment to the IFB is issued.

Acknowledgment of Amendments

Should an amendment to the IFB be issued, MFC will post it on the MFC website, and all Vendors will be contacted via email notification to allow all Vendors ability to view on the website. Vendors shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid package, identifying the amendment number and date in the space provided on the bid form, or by email or letter. MFC must receive the acknowledgment by the time and at the place specified as the bid package submission deadline. Vendors are responsible for monitoring the MFC website for amendments to the IFB.

mailto:dfrazier@mfc.ms.gov

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Cancellation of Solicitation or Rejection of Individual Bids

At MFC’s sole discretion, an IFB may be canceled or any or all responses to the solicitation may be rejected, in whole or in part, when MFC determines that it is in the Agency’s best interest to do so.

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SCOPE OF SERVICES AND REQUIREMENTS

Scope of Work

Bid proposal should be based on cost per square mile for each municipality.

Contractor shall provide services, and otherwise do all the things necessary for or incidental to the performance of the work, as set forth below:

• MFC Urban and Community Forestry staff will coordinate with municipalities where needed.

• Contractor will provide all tools, equipment and software needed to complete the scope of work.

• This specific contract will be responsible for Urban and Community tree canopy assessments for UP TO 17 municipalities as listed below:

Pearl River County: Picayune and Poplarville Stone County: Wiggins George County: Lucedale Hancock County: Bay St. Louis, Diamondhead, and Waveland Harrison County: Biloxi, D’Iberville, Gulfport, Keesler AFB, Long Beach, and Pass

Christian Jackson County: Gautier, Moss Point, Pascagoula, and Ocean Springs

Quality Assurance:

Accuracy Assessment Report required with minimum of 95% accuracy.

Applicable Laws, Rules, and Directives: Ownership of Deliverables:

Successful Contractor agrees to all deliverables defined as spatial data, records, reports and information, to which the successful Contractor, its agents, and employees, which is the subject of this proposal; obtain access, always remains exclusively the property of Mississippi Forestry Commission (MFC). Successful Contractor agrees all deliverables constitute proprietary information owned by the MFC, always. Successful Contractor agrees it will not disclose, provide, sale or make available any of such proprietary information in any form to any person, corporation or government entity (i.e. city, political subdivision). Additionally, successful Contractor agrees it will not sell, give or otherwise make available to any person, corporation or entity any names or addresses contained in or derived from such data, records and information for the purpose of allowing such person to sell or offer for sale any property or service to any person or entity named in such data.

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Deliverables:

GIS Data Deliverables, based on statement of work, may be requested and include the following:

• Tree Canopy Cover Maps: These maps visually represent the percentage or extent of tree canopy cover across the study area. Include canopy outlines, canopy density, and height categorization.

• Land Cover Maps: These maps show the distribution of different land cover types, such as trees, grass, impervious surfaces, and water (emphasis on water sources), which are essential for understanding the context of the tree canopy.

• Tree Planting Prioritization Maps: These maps identify areas with low canopy cover and high planting potential, helping to guide tree planting efforts.

• Tree Inventory Data: Some assessments may include data on individual trees, such as species, location, and size, which can be used for more detailed analysis.

• GIS Data: Includes all spatial data layers used to derive any of the delivered maps or inventories, including shapefiles, vector images, and geodatabases, allowing users to analyze and visualize the data in more detail.

All maps and data should be available on a user-friendly platform available to communities and MFC that do not require GIS specific software for up to life of grant (5 years).

Location of Work:

Tree Canopy Assessments may include any and/or all the following municipalities:

Picayune, Poplarville, Wiggins, Lucedale, Bay St. Louis, Diamondhead, Waveland, Biloxi, D’Iberville, Gulfport, Keesler AFB, Long Beach, Pass Christian, Gautier, Moss Point, Pascagoula, and Ocean Springs.

The Vendor Personnel:

• Assign a Vendor Account Representative to work directly with the Contracting Agency Representative. Awarded vendor shall meet and become acquainted with the primary contact person at the site. This contact person will collaborate with the vendors to coordinate and schedule all visits.

• Be responsible for all damages and shall be held responsible for replacing or repairing any damage due to negligence on the part of the Contractor or Contractor personnel to any person(s) and/or property. The Contractor shall replace and repair any damage(s).

• 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.

• Abide by all State and/or agency policies, procedures, ordinances, and/or laws pertaining to the Contracting Agency’s operation at all times, including but not limited to the items listed above. Deviations from these policies by the Contractor

RFx 3160007318 Page 8 of 23 or its personnel will not be tolerated and will be considered grounds for contract termination.

• Perform all services provided in the contract between the bidder and the Contracting Agency 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.

Bid Prices:

Contracts resulting from this Invitation for Bids shall be fixed-price contracts. Bid prices submitted in response to this IFB shall remain firm and valid.

Insurance Requirements:

The successful bidder shall maintain insurance, by Mississippi insurance types and coverage limits if the bidder/Vendor is on the property. Should the bidder/Vendor provide these services remotely only, no insurance is required. Determination of insurance needs will be made after bids are received, opened and awarded.

Contract Terms and Conditions:

Any contract entered into with the Contracting Agency pursuant to this IFB shall have the required clauses found in Attachment F 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.

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BID SUBMISSION AND BID OPENING

Bid Submission Format All bids must be submitted in writing (ink) and include all documentation requested in the Invitation for Bids. Bids submitted without such documentation may not be considered.

Only information in the attached Bid Form and accompanying required documentation will be considered when evaluating bids.

Submission of a Physical Bid The Vendor may submit physical copies of the original signed bid package in a sealed envelope or package to:

Mississippi Forestry Commission 3139 Highway 468 West Pearl, MS 39208 Attn: Purchasing

The Vendor must clearly label the sealed envelope or package with the following information:

SEALED BID – Urban Tree Canopy Assessment RFx # 3160007318

MFC will indicate the time and date of receipt on the envelope or package. It is the sole responsibility of the Vendor to ensure that MFC receives the package, and the date and time of receipt are indicated on the package.

Submission of Electronic Bid via MAGIC The Vendor shall submit an electronic copy of the original signed bid package via MAGIC.

To receive assistance for submission of bids through MAGIC, contact the MAGIC Help Desk. Information listed on page 2.

Failure to submit a bid on the bid form provided will be considered a cause for rejection of the bid. Modifications or additions to any portion of the bid document may also cause the bid to be rejected.

Any Vendor claiming its response contains information exempt from the Mississippi Public Records Act (Mississippi Code Annotated §§ 25-61-1, et. seq., and 79-23-1) shall provide an additional copy of the bid package which has the relevant information redacted and cites the specific statutory authority for contention that each redaction is exempt.

Independent Price Determination By submitting a bid, the Vendor 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 Vendor or competitor for the purpose of

RFx 3160007318 Page 10 of 23 restricting competition. The quoted prices shall include, but are not limited to, all required equipment and/or materials, all required insurance, all required overhead, all required profit, and all required licenses, certifications, fees, or permits.

Registration with the Mississippi Secretary of State By submitting a bid, the Vendor 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 before the bid opening date.

BID EVALUATION AND AWARD

Minimum Vendor Qualifications to be Deemed Responsible

• A Vendor must meet each of the following minimum qualifications to be deemed responsible:

• Vendor must have been in business and providing tree canopy services for at least three (3) years.

• Vendor must demonstrate the capability to effectively provide ecosystem services.

Reconsideration of the Solicitation Any potential Vendor can request that MFC reconsider the terms of the solicitation. This reconsideration request can be accomplished by reference to Section 5.2.4. of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. The potential Vendor shall file any such request within three (3) business days following the date of public notice of the solicitation. The potential Vendor must submit the request by email to all of the following individuals:

• Dodie Frazier, Grant Programs Coordinator, dfrazier@mfc.ms.gov

• Alex Ballard, Urban & Community Forestry Coordinator, aballard@mfc.ms.gov

• Rebekah Olander, Purchasing, rolander@mfc.ms.gov

It shall be the sole responsibility of the requesting vendor to ensure the request is received in a timely manner by all required parties. Failure to request reconsideration in compliance with this Section in a timely manner results in the waiver of any claim regarding the terms of the solicitation.

The request shall contain the requesting Vendor’s name, a single contact person, all contact information for the contact person, the RFx number of the solicitation, and the date the IFB was issued. The request shall identify which of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations the requesting vendor believes to have been violated by the solicitation, as written. The request may not be based on anything other than the solicitation document and these rules and regulations. The vendor shall not include exhibits with the request. Instead, the requesting Vendor shall clearly identify the section(s) of the solicitation document at issue in its request. The request shall not be supplemented.

mailto:dfrazier@mfc.ms.gov mailto:aballard@mfc.ms.gov mailto:rolander@mfc.ms.gov

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Any bid received after May 12, 2025, at 11:00 am CST will be returned to the bidder unopened with the received date and time clearly marked on the envelope by MFC. A copy of the envelope with this information will be placed in the bid file.

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ATTACHMENT A: BID COVER SHEET

Bids must be submitted on or before May 12, 2025, at 10:45 am CST.

Envelopes and/or packages containing sealed bids must be marked:

SEALED BID – Tree Canopy Assessment RFx # 3160007318

Company Name: __________________________________________________

Address: __________________________________________________

Contact Person: __________________________________________________

Phone Number: __________________________________________________

Email Address: __________________________________________________

Bidder’s Signature: ___________________________________________________

Bidder’s Name Printed: ___________________________________________________

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ATTACHMENT B: BID FORM

The pricing quoted shall be inclusive of, but not limited to the following:

1. All required equipment/material;

2. All required insurance, bond, or other surety;

3. All required overhead;

4. All required profit;

5. All required vehicles;

6. All required fuel and mileage;

7. All required labor and supervision;

8. All required business and professional certifications, licenses, permits, or fees; and,

9. Any and all other costs.

All pricing for Tree Canopy Assessments should include all associated costs for the items with no additional or hidden fees. Bid should be based on price per square mile for each city (see chart below.)

*Estimated Completion Time:

Provide the estimated months to complete the assessment within the bid. This is the first step of several phases and must be completed first.

Municipality Total Square Miles

Unit Cost (price per square mile)

Total Cost

Picayune

Poplarville

Wiggins

Lucedale

Bay St. Louis

Diamondhead

Waveland

Biloxi

D’Iberville

Gulfport

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Keesler AFB

Long Beach

Pass Christian

Gautier

Moss Point

Pascagoula

Ocean Springs

Totals:

Estimated months to complete the assessment

Location of Vendor’s Office: _____________________________________________

If your company is not physically located in the state, how will you supply ecosystem services to MFC?

By signing below, the Company Representative certifies that he/she has authority to bind the company, and further acknowledges on behalf of the company:

1. That he/she has thoroughly read and understands this Invitation for Bids (RFx # 3160007318), the attachments hereto, and any amendments;

2. That the company meets all requirements and acknowledges all certifications contained in this Invitation for Bids, the attachments hereto, and any amendments;

3. That the company agrees to all provisions of this Invitation for Bids, the attachments hereto, and any amendments;

4. That the company will perform, without delay, the services required at the prices quoted above; and

5. That, to the best of its knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of the submission date.

Signature: ______________________________________________ Date: __________________

Printed Name: ______________________________________________

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ATTACHMENT C: CERTIFICATIONS & ASSURANCES

As an authorized signatory for ____________________________________________________, I make the following certifications and assurances as a required element of the bid(s) to which it is attached, of the understanding that the truthfulness of the facts affirmed here and the continued compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

1. REPRESENTATION REGARDING CONTINGENT FEES: Vendor 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 Vendor’s bid or proposal.

2. REPRESENTATION REGARDING GRATUITIES: Vendor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of the Agency a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Vendor further represents that no employee or former employee of the Agency has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by Vendor. Vendor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: The Vendor 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 Vendor or competitor for the purpose of restricting competition.

4. OFFEROR’S REPRESENTATION REGARDING CONTINGENT FEES: By responding to the solicitation, the offeror represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the offeror cannot make such a representation, a full and complete explanation shall be submitted in writing with the offeror’s response.

5. NON-DEBARMENT: This certification is a material representation of fact relied upon by the Contracting Agencies. If it is later determined that the Vendor did not comply with 2 C.F.R. part 180, subpart C, and 2 C.F.R. part 3000, subpart C, in addition to remedies available to DFA and other Contracting Agencies, the Federal government may pursue available remedies, including but not limited to suspension and/or debarment.

6. Vendor certifies that it has the capability to provide all required services throughout the entire geographic area of each Region on which it submitted a bid.

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7. Vendor guarantees that it will give any Contracting Agency priority status and pledges to provide priority and timely services by making equipment and resources available to the State of Mississippi through this contract, especially following large disasters or catastrophic events.

8. Vendor certifies that it has, or will secure, at its own expense, applicable personnel who shall be qualified to perform the duties required to be performed under this Invitation for Bids, the attachments hereto, and any amendments.

Signature: ___________________________________________ Date: _____________________

Name: ______________________________________________ Title: _____________________

Modifications or additions to any portion of this document may be cause for rejection of the bid.

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ATTACHMENT D: RELEASE OF BID AS PUBLIC RECORD

Vendors shall acknowledge which of the following statements is applicable regarding release of its bid as a public record. A Vendor may be deemed non-responsive if the Vendor does not acknowledge either statement, acknowledges both statements, or fails to comply with the requirements of the statement acknowledged. Choose one:

____ Along with a complete copy of its bid, Vendor has submitted a second copy of the bid in which all information Vendor deems to be confidential commercial and financial information and/or trade secrets is redacted in black. Vendor acknowledges that it may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations if MFC or the Public Procurement Review Board determine redactions were made in bad faith in order to prohibit public access to portions of the bid which are not subject to Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1. Vendor acknowledges and agrees that MFC may release the redacted copy of the bid at any time as a public record without further notice to Vendor. A Vendor who selects this option but fails to submit a redacted copy of its bid may be deemed non-responsive.

____ Vendor hereby certifies that the complete unredacted copy of its bid may be released as a public record by MFC at any time without notice to Vendor. The bid contains no information Vendor deems to be confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61- 9, 75-26-1 through 75-26-19, and/or 79-23-1. Vendor explicitly waives any right to receive notice of a request to inspect, examine, copy, or reproduce its bid as provided in Mississippi Code Annotated § 25-61-9(1)(a). A Vendor who selects this option but submits a redacted copy of its bid may be deemed non-responsive.

Name: ________________________________________________________________________

Signature: ______________________________________________ Date: __________________

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ATTACHMENT E: REFERENCES

REFERENCE 1

Name of Company: _____________________________________________________________ Dates of Service: _______________________________________________________________ Contact Person: ________________________________________________________________ Address: ______________________________________________________________________ City/State/Zip: _________________________________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________ Alternative Contact Person (optional): ______________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________

REFERENCE 2

Name of Company: _____________________________________________________________ Dates of Service: _______________________________________________________________ Contact Person: ________________________________________________________________ Address: ______________________________________________________________________ City/State/Zip: _________________________________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________ Alternative Contact Person (optional): ______________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________

REFERENCE 3

Name of Company: _____________________________________________________________ Dates of Service: _______________________________________________________________ Contact Person: ________________________________________________________________ Address: ______________________________________________________________________ City/State/Zip: _________________________________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________ Alternative Contact Person (optional): ______________________________________________ Telephone Number: _____________________________________________________________ Cell Number: __________________________________________________________________ E-mail: _______________________________________________________________________

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ATTACHMENT F: REQUIRED CLAUSES FOR SERVICE CONTRACTS RESULTING FROM

THIS IFB

ACKNOWLEDGMENT OF AMENDMENTS

Bidders shall acknowledge receipt of any amendment to the IFB in writing. The acknowledgement shall be submitted by email no later than the date set on the Amendment and to the emails set on the Amendment. Each bidder shall submit a written acknowledgement of every amendment to the MFC on or before the submission deadline.

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 Mississippi.

APPROVAL

It is understood that if this contract requires approval by the Public Procurement Review Board (“PPRB”) and/or the Department of Finance and Administration Office of Personal Service Contract Review (“OPSCR”), and this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

AVAILABILITY OF FUNDS

It is expressly understood and agreed that the obligation of MFC to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt the appropriated funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, MFC shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the MFC of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

CERTIFICATION OF 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 or competitor for the purpose of restricting competition.

COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY

Contractor understands that the MFC 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, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is

RFx 3160007318 Page 20 of 23 unlawful, and Contractor agrees during the term of the agreement that Contractor will strictly adhere to this policy in its employment practices and provision of services.

COMPLIANCE WITH LAWS

Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

CONTRACT RIGHTS

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

E-PAYMENT

Contractor agrees to accept all payments in United States currency via the State of Mississippi’s electronic payment and remittance vehicle. The Agency agrees to make payment in accordance with Mississippi “Timely Payments for Purchases by Public Bodies” laws, which generally provide for payment of undisputed amounts by the Agency within 45 calendar days of receipt of invoice. Mississippi Code Annotated § 31-7-301, et seq.

E-VERIFICATION

If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3. Contractor agrees to provide a copy of each verification upon request of the MFC subject to approval by any agencies of the United States Government. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws.

The breach of this clause may subject Contractor to the following: (1) termination of this contract and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations; (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 Mississippi; or (3) both.

In the event of such termination, Contractor would also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss of license or permit to do business in the state.

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.

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MINOR INFORMALITIES AND IRREGULARITIES

The MFC has the right to waive minor defects or variations of a bid 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 MFC to properly evaluate the offer, the MFC 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. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

OFFEROR’S REPRESENTATION REGARDING CONTINGENT FEES

By responding to the solicitation the offeror represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the offeror cannot make such a representation, a full and complete explanation shall be submitted in writing with the offeror’s response, to the Agency prior to contract execution.

PAYMODE

Payments by MFC using the state’s accounting system shall be made and remittance information provided electronically as directed by the state and deposited into the bank account of Contractor’s choice. The MFC 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 Agency is exempt from the payment of Mississippi taxes. All payments shall be in United States currency.

PROCUREMENT REGULATIONS

This solicitation shall be governed by the applicable provisions of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available on the Mississippi Department of Finance and Administration’s website (www.dfa.ms.gov). Any bidder responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

PROPERTY RIGHTS (for the solicitation document) 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 MFC is under no obligation to award a contract and may terminate a legally executed contract at any time.

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REPRESENTATION REGARDING GRATUITIES

Offeror represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MFC a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Offeror further represents that no employee or former employee of MFC has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by offeror. Offeror further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

REQUIRED PUBLIC RECORDS AND TRANSPARENCY

Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall 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 pursuant to Mississippi Code Annotated § 25-61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available for at the Agency for examination, inspection, or reproduction by the public. The bidder acknowledges and agrees that the MFC and this contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-151, et seq.

STOP WORK ORDER

The MFC may, by written order to Contractor at any time, require Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by the MFC. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to the MFC. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the MFC has terminated that part of the agreement or terminated the agreement in its entirety. The MFC is not liable for payment for services which were not rendered due to the stop work order.

TERMINATION

Termination for Convenience. The MFC may, when the interests of the Agency so require, terminate this contract in whole or in part, for the convenience of the Agency. The MFC shall give written notice of the termination to Contractor specifying the part of the contract terminated and when termination becomes effective. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination Contractor will stop work to the extent specified. Contractor shall complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

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Termination for Default. If the MFC gives the Contractor a notice that the personal or professional services are being provided in a manner that is deficient, the Contractor shall have 30 days to cure the deficiency. If the Contractor fails to cure the deficiency, the MFC may terminate the contract for default and the Contractor will be liable for the additional cost to the MFC to procure the personal and professional services from another source.

Termination under this paragraph could result in Contractor being excluded from future contract awards pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.