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Bureau of Public Water Supply

SOLICITATION:

Invitation for Bid (IFB)

SOLICITATION

NUMBER:

RFX # 3160007170

DESCRIPTION:

Modified Unregulated Contaminant Monitoring Rule (UCMR): Analysis and Reporting of Drinking Water Sample Results for its components for Previously Unmonitored Systems

ISSUE DATE: Thursday, January 30, 2025

BID COORDINATOR: Dorthy Young, PhD., MHSA, CMPA or Kimberly LaBranche 570 E. Woodrow Wilson Ave.

Jackson, MS 39216-4538 Email: procurement@msdh.ms.gov

BID DUE DATE AND

TIME:

OPENING DATE AND

TIME:

Thursday, February 27, 2025

10:00 AM CST

Thursday, February 27, 2025

10:30 AM CST

mailto:procurement@msdh.ms.gov

GENERAL INSTRUCTIONS

Section 1 –Purpose

The Safe Drinking Water Act (SDWA) requires that once every 5 years the Environmental Protection Agency (EPA) issue a list of unregulated contaminants to be monitored by Public Water Systems (PWS).

The implementation of this rule is currently in process. However, additional sampling of public water supply entry points is needed beyond those currently being assessed through the 5th iteration of the Unregulated Contaminant Monitoring Rule.

The Mississippi State Department of Health, Bureau of Public Water Supply (hereinafter “MSDH”, “Agency”) has issued this solicitation for sealed bids from qualified providers to provide laboratory analysis and reporting services of the 5th Unregulated Contaminant Monitoring Rule (UCMR5) analytes excluding Lithium (hereinafter “Modified UCMR5”) and its components in a price agreement for a two

(2) year period. The Contractor must be an EPA approved Laboratory for UCMR5 excluding Lithium (see attached listing). Sampling is anticipated to begin May 2025.

Section 2 – Timeline

Note: MSDH reserves the right to adjust this timeline as necessary. MSDH may post Answers to Questions or the Notice of Intent to Award on dates other than those stated above without amending the solicitation. MSDH may also change the dates of the initial contract term without amending the solicitation.

Section 3 – Contact and Questions/Requests for Clarification

3.1 Bidders must carefully review this solicitation, the contract, risk management provisions, and all attachments for defects, questionable, or objectionable material. Following review, vendors may have questions to clarify or interpret the IFB to submit the best bid possible. To accommodate the questions

Invitation for Bid (IFB) Issued:

Second Ad:

Thursday, January 30, 2025 Thursday, February 6, 2025

Questions and Requests for Clarification: Thursday, February 13, 2025: Due

12:00PM

Anticipated Posting of Written Answers to Questions Tuesday, February 18, 2025 Sealed Bid Package Submission:

Bid Opening:

Thursday, February 27, 2025, 10:00

AM CST

Thursday, February 27, 2025, 10:30

AM CST

*Debriefing by Request Friday, February 28, 2025 by 5:00 PM

CST

PPRB for approval Wednesday, March 5, 2025, 5:00 PM

CST

Anticipated Posting of Notice of Intent to Award Wednesday, March 5, 2025, 5:00 PM

CST

and requests for clarifications, vendors shall submit any such question via email by the deadline reflected in Section 2. All questions and requests for clarifications must be directed by email to:

Dorthy Young, PhD., MHSA, CMPA, or Kimberly LaBranche, Bid Coordinators E-mail: procurment@msdh.ms.gov

3.2 Vendors should enter “IFB RFx # 3160007170 - Questions” as the subject of the email. Question submittals must include a reference to the applicable IFB section and be submitted in the format shown below:

IFB Section, Page Number Vendor Question/Request for Clarification

1.

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

3.4 The Agency will not be bound by any verbal or written information that is not contained within this

IFB unless formally noticed and issued by the bid coordinator as an IFB amendment. Bidders are cautioned that any statements made by Agency personnel that materially change any portion of the bid shall not be relied upon unless subsequently ratified by a formal written amendment to the bid.

3.5 All vendor communications regarding this IFB must be directed to the Bid Coordinator. Unauthorized contact regarding the IFB with other agency employees may result in the vendor being disqualified and suspended or disbarred from the State.

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

3.8 Bidder must provide a signed Acknowledgement of IFB Amendment(s), Questions and Answer document(s), if any were issued/posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the Agency's website. www.HealthyMS.com

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

mailto:procurment@msdh.ms.gov http://www.healthyms.com/

Section 4 – Scope of Work

The Contractor shall perform and complete in a timely and satisfactory manner laboratory analytical and reporting services, and otherwise do all things necessary for or incidental to the performance of work, as stated herein.

4.1 The Contractor shall:

4.1.1 Assign an account representative to work directly with MSDH representatives to fulfill the following requirements of coordinating scheduling, shipping, receiving, analyzing, and reporting sample results for Modified UCMR5.

4.1.2 Use appropriate EPA Methods 533 and 537.1 for Per- and Polyfluoroalkyl Substances (PFAS).

4.1.3 Analyze a laboratory Field Blank when the method requires the analysis /detect exceeds the Minimum Reporting Level (MRL) as necessary.

4.1.4 Generate, based on the MSDH spreadsheet, a pre-filled Chain of Custody (COC) to include:

PWS name, PWS ID number, site IDs, site name/description, etc.

Example key COC information PWS Name PWS ID number

(7-digits) Site ID Site Name/Description

Town of Whoville Water MS0123456 TF080 10 Good Water Road, main well/plant

ST005 123 Clearwater Circle, storage tank

4.1.5 Upon award of contract and before shipping any sample kits to PWSs, provide for review and obtain MSDH approval of a complete sample kit that includes all contents for sample collection, packaging, and shipping instructions to serve as an example of your lab’s process.

4.1.6 MSDH will provide an electronic spreadsheet of public water system inventory that contains approximately 728 Small GW (groundwater systems) serving less than 3,300 persons).

4.1.7 The number of sampling points is estimated to be 1291, including all Modified UCMR5 requirements and allowing for additional sampling if needed.

4.2 Reporting

4.2.1 Report all unreportable/rejected samples (due to contractor, collector/submitter, or commercial shipper negligence, actions, or inactions), and then the Contractor must ship a replacement kit to the PWS. Immediately, email MSDH, water.ucmr@msdh.ms.gov of all replacement sample mailto:water.ucmr@msdh.ms.gov kit shipments caused by the PWS collector/submitter. Subject line of email message must include “Modified UCMR resample caused by PWS” along with the 7-digit PWS ID number

(MS0123456).

4.2.2 Report all results to MSDH within 90 business days of sample receipt. Results provided shall be in database or spreadsheet format to allow for review and sorting capabilities. Alternatively, the contractor may grant the department access to its sample portal, where water quality analysis results can be exported for data analysis needs.

4.2.3 Email each invoice to water.invoices@msdh.ms.gov with attached reported batches of associated sample results.

4.2.4 Email all sample results regarding the Modified UCMR5 to water.ucmr@msdh.ms.gov with the subject line “ModUCMR5.”

4.2.5 Email (or mail) sample results to each PWS.

4.3 Shipping

4.3.1 Provide written collection and shipping instructions that clearly specify the scheduled sample collection week to the systems. Small groundwater systems must be monitored 2 times during a consecutive 12-month monitoring period, and sample events must occur 5 – 7 months apart.

4.3.2 Pay for all shipping costs for sampling kits sent to the individual PWSs, and kits will include prepaid shipping labels for return shipment to the contractor.

4.3.3 Package the MSDH cover letter, pre-filled COC document (with key information), sample instructions, custody seals, sample labels, sample vials/bottles, bag for ice, ice chest/shipping container, and prepaid return shipping label.

4.4 Contractors shall also:

4.4.1 Exercise precautions always for the protection of persons (including employees) and property.

The project shall always be properly supervised and adequately manned by an experienced crew of appropriate size. All work shall be accomplished by skilled workers familiar with and trained to do this type of work. Workers shall be qualified to operate and/or use the equipment necessary to accomplish this work. The Contractor shall be responsible for the supervision and direction of the work performed by its personnel. The Contractor shall be responsible for instructing its personnel in all safety measures. All equipment used by the Contractor shall always be maintained in safe operating condition and be free from defects or wear that may in any way constitute a hazard to any person or persons on state property. All incidents involving mailto:water.invoices@msdh.ms.gov mailto:water.ucmr@msdh.ms.gov

Agency property or personnel shall be reported to the designated Agency contact immediately upon occurrence.

4.4.2 Abide by all State, Federal, and/or Agency policies, procedures, ordinances, and/or laws pertaining to MSDH’s operation at all times, including but not limited to the items listed above.

Deviations from these policies by the Contractor or its personnel will not be tolerated and will be considered grounds for contract termination.

4.4.3 Perform all services provided in the contract between the bidder/Vendor 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 detailed specifications or the omission of detailed descriptions shall be recognized as meaning that only the best commercial practices are to prevail and that only first quality materials and workmanship are to be used.

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

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

Section 5 - Basis for Award

5.1 Award(s) will be made upon written notice to the lowest responsible and responsive bidder(s) whose bid meets the requirements and criteria set forth herein. All bids will be reviewed first to determine whether a vendor is responsive, responsible, and/or acceptable. Bids are not assigned a point percentage and/or score but are instead simply recorded as PASS or FAIL. Bids with errors that do not alter the substance of the bid can be accepted, and the Agency's Chief Procurement Officer may allow the bidder to correct the problem prior to review if the irregularities are insignificant mistakes that can be waived or corrected without prejudice to other bidders.

5.1.1. Responsive Respondent

Bidder must submit a proposal that conforms in all material respects to this RFP, as determined by MSDH.

Nonconforming Terms and Conditions: A proposal response that includes terms and conditions that do not conform to the terms and conditions in the proposal document is subject to rejection as non-responsive. The MSDH reserves the right to permit the Offeror to withdraw nonconforming terms and conditions from its proposal response before a determination by the MSDH of non-responsiveness based on the submission of nonconforming terms and conditions.

Conditioning Proposal Upon Other Awards: Any proposal conditioned upon receiving the award of both the particular contract being solicited and another Mississippi contract shall be deemed non-responsive and not acceptable.

5.1.2. Responsible Respondent

The Bidder must have the capability in all respects to fully fulfil the contract requirements and the integrity and reliability that will ensure good faith performance, as determined by MSDH. At a minimum, the Bidder must meet or exceed the minimum qualifications as stated in Section 6 to be deemed responsible.

5.2 The Agency has the right to waive minor defects or variations of a bid from the exact specifications requirements that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If a bidder submits insufficient information with the bid for the Agency to properly evaluate the bid, the Agency has the right to require such additional information as it may deem necessary after the time set for receipt of bids, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured.

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

5.4 Bid Evaluation Process: MSDH will review bid cost for each responsive and responsible bidder.

The Agency intends to award one contract to provide the services described in this IFB to the lowest responsible and responsive bidder. However, MSDH reserves the right to make awards, depending on what is in the best interest of the Agency/state. The number of awards is at the sole discretion of the Agency.

Section 6 – Minimum Bidder Qualifications

To be qualified to submit a bid, the vendor must meet the minimum qualifications listed below:

6.1 Bidder must submit documentation confirming that it meets the following minimum requirements:

1. Bidder must be and remain on the list of “Laboratories Approved by EPA to Support UCMR5” excluding the ability to perform Lithium analysis.

2. The Contractor will be utilizing EPA Methods 533 and 537.1 for analysis. Please provide one representative sample report for each method.

3. Must have been in business and provided analysis and reporting services in requirements and scale to those described in this IFB for a minimum of two years.

6.2 Required Certification, Accreditation, and/or Licenses: Bidder must possess and maintain the minimum EPA certifications, accreditations, and/or licensures required for analysis and reporting of the contaminants in the UCMR5 list.

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

1. the ability, capacity, skill, and financial resources to perform the work or provide the service required

2. the ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference

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

4. the quality of performance of previous contracts or services

6.4 Financial Stability or Solvency: MSDH cannot prepay for services rendered or goods delivered. Therefore, all invoices must be submitted in arrears. Bidder must certify that it is financially solvent and capable of providing services without prepayment. Bidder must also be prepared to provide independently audited financial statements immediately upon request. If independently audited financial statements do not exist, Bidder must state the reason and, instead, submit sufficient information to enable the Agency to access the financial stability or solvency of the Bidder, such as financial statements, credit ratings, a line of credit, or other financial arrangements sufficient to enable the Bidder to be capable of meeting the requirements of this

IFB.

6.5 References: A minimum score of six (6) on the Reference Score Sheet (Attachment D) from reference interviews by agency staff with two (2) Bidder references {for a total minimum scoring requirement of twelve (12) points}, as well as all other requirements of this IFB.

Pass/Fail

6.6 Bidder may also be required to give a past history and references in order to satisfy the Agency in regard to the Bidder’s qualifications. The Agency may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Agency all information for this purpose that may be requested.

The Agency reserves the right to reject any proposal if the evidence submitted by, or investigation of, the Bidder fails to satisfy the Agency that the Bidder is properly qualified to carry out the obligations of the Contract and to complete the work described therein.

Section 7 – Contract Term

The estimated period of performance of any contract resulting from this IFB is tentatively scheduled to begin on or about May 2025 and to end June 2026. The Agency reserves the right to renew the contract for up to two (2) additional one (1) year periods at the sole discretion of the Agency for rejected or unreportable samples, detections which need confirmation samples analyzed, and other sampling points not on the original SDWARS list.

Section 8 – Bid Submission Requirements

8.1 Format

� Bid Cover Sheet (Attachment A) � Vendor Questionnaire (Attachment A-1) � Bid Form (Attachment B) – all pricing must be submitted on the bid. Failure to complete and/or sign the bid may result in the bidder being determined nonresponsive.

� Minimum Qualifications Certification (Attachment C) and any supporting documents � References (Attachment D) � Standard Certifications and Acknowledgments (Attachment F) � Debarment Verification (Attachment G) � Proprietary Information Form (Attachment H) � Contract Exception Form (Attachment I) � Signed Amendments

Failure to submit any of the above may result in the bid being rejected as non-responsive.

Only responsive bis will be considered for award.

8.2 Delivery

8.2.1 All bids must be in writing. The signed original bid package, with two (2) copies of the signed original, and one (1) electronic copy of the bid package (on flash drive) in a sealed envelope or package, must be submitted to the Bid Coordinator no later than the time and date specified for receipt of bids.

8.2.2 Electronic Submission: The electronic files shall not be password protected, shall be in

Portable Document Format (PDF®) or Microsoft Word and/or Microsoft Excel format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. The procurement staff, not the evaluation committee, will have exclusive access to this electronic copy, which shall consist of the following:

8.2.2.1 One (1) electronic copy of the complete bid package including all attachments in the form as required herein.

8.2.2.2 One (1) PUBLIC electronic copy of the complete proposal including all attachments and referenced documents in a searchable Microsoft Office® format, preferably in Word® or PDF®, that has been redacted if the proposal contains confidential information as described below.

Martin, LaTeshya Are the dates right?

LaBranche, Kimberly (Contract) @William.Moody@msdh.ms.gov

LaBranche, Kimberly (Contract) William.Moody@msdh.ms.gov

Moody, William "Bill" Considering we are in Jan 2025. We need to move the time frames to May 2025 to June 2026 to ensure completion

Martin, LaTeshya Is the renewal periods correct?

LaBranche, Kimberly (Contract) @William.Moody@msdh.ms.gov

LaBranche, Kimberly (Contract) William.Moody@msdh.ms.gov

Moody, William "Bill" I would say yes. There is a potential that additional sampling might be necessary based on results. Hoping not, but better to be safe than sorry.

LaBranche, Kimberly (Contract) ok

8.2.3 Public Copy of Complete Proposal/Mississippi Public Records Submission- Any

Bidder who alleges its bid package contains confidential commercial and financial information of a proprietary nature and/or trade secrets protected from disclosure under the Mississippi Public Records Act pursuant to Mississippi Code Annotated, §§ 25-61-91, et seq., 79-23-1 and or 75-26-3(d) shall submit a Public Copy as stated herein. Bidder must complete and submit Attachment H, Proprietary Information Acknowledgement.

8.2.4 Public Copy: At the time the bid package is submitted, Bidder shall provide, in addition to copies required above, a full complete copy of the bid package and a second copy of the full and complete proposal with redactions in black to any information Bidder deems to be confidential commercial and financial information of a proprietary nature and/or trade secrets. Bidder must also include a statement identifying which section(s) or information has been redacted and the specific statutory authority for the exemption(s). An electronic copy of the redacted bid package and statement should be marked PUBLIC and included as a part of the electronic submission as described above.

8.2.5 The Public Copy of the proposal is considered a public record and is subject to release by

MSDH without notice to the Bidder pursuant to Miss. Code Ann. §§ 25-61-1 et seq. MSDH may release the Public Copy pursuant to requests under the Mississippi Public Records Act or any other reason deemed necessary by MSDH.

8.2.6 Petition for Protective Order: MSDH may not provide notice of any request for public records. Therefore, any Bidder that prefers further protection of its records (outside of, or in addition to, that option offered under Section 3.3.1) should file a petition for a protective order in the Chancery Court of Hinds County, Mississippi within twenty-one (21) calendar days following the proposal deadline. Any such petition should request an injunction under Miss. Code Ann. §§ 75-26-5(3) and 25-61-9 and request that the Court identify all information in the proposal as confidential commercial or financial information under Mississippi Code §§79-23-1 or §25-61-9, and/or trade secret under Mississippi Code §§75- 26-3(d), 75-26-5(3) or 25-61-9.

8.2.7 The petition should also cite the following requirements of Miss. Code Ann § 25-61-9(7):

“For all personal and professional service contracts which have been awarded (i.e., legally executed after all required approvals), the provisions of the contract containing services to be provided, the unit prices and overall price to be paid, and the term of the contract shall not be deemed a trade secret or confidential commercial or financial information, and shall be available for examination, copying, or reproduction in accordance with the Mississippi Public Records Act. Mississippi Code Annotated § 25-61-9(7).”

8.2.8 Notice of any such petition being filed in the Chancery Court of Hinds County, Mississippi shall be served on MSDH in accordance with the Mississippi Rules of Civil Procedure.

Bidder shall also directly provide MSDH General Counsel a copy of such notice via email within twenty-one (21) days of the proposal submission deadline. Delivery shall be made to Christin Williams, MSDH General Counsel, at Christin.Williams@msdh.ms.gov. The risk of delivery shall be borne by the Bidder.

Martin, LaTeshya Look at

8.2.9 The sealed envelope or package shall be marked with the bid opening date and time, and the number of the invitation for bids. Bids are subject to rejection unless submitted with the information included on the outside of the sealed bid envelope or package.

8.2.10 No Confidential Commercial Information: If a Bidder does not submit a Public Copy, MSDH will consider the bid package submitted to be the Public Copy and subject to being released, in full, without notice to the Bidder.

8.2.11 Any Bidder that does not alleges their bid package contains confidential commercial or financial information and/or trade secrets protected from disclosure under the Mississippi Public Records Act pursuant to Miss. Code Ann. §§ 25-61-1, et seq., 79-23-1, 75-26-3(d), and/or 75-26-5(3) shall submit a signed acknowledgement attached hereto as Attachment H, along with its proposal submission. The acknowledgement shall be signed by a person with signatory and binding authority for the Bidder.

8.2.12 Failure to submit either a redacted version of the Bidder’s bid package or signed acknowledgement on or before the bid opening may result in the Bidder being deemed non-responsive. MSDH shall have the sole discretion to provide additional time for the Bidder to complete the requirements of Section 8.

8.2.13 By submitting a bid package to MSDH in response to this IFB, Bidder indicates its consent and waiver as described in this Section. Bidder acknowledges that, if the protection of confidential commercial or financial information of a proprietary nature or a trade secret is challenged by any person, business, or governmental body, then Bidder shall be responsible for intervening and justifying its protection from public disclosure in any applicable hearing or proceeding at Bidder’s sole and exclusive cost.

8.2.14 Sealed bid packages must be mailed or hand-delivered to and labeled as follows:

IFB for the IFB: RFx #XXXXXXXX

Bid Submission: Thursday, February 27, 2025, 10:00 AM CST Opening Date/Time: Thursday, February 27, 2025, 10:30 AM CST

Mississippi State Department of Health Attention: Dorthy Young, PhD., MHSA, CMPA, or Kimberly LaBranche, Bid Coordinators 570 E. Woodrow Wilson Ave.

Jackson, Mississippi 39216-4538

SEALED BID – DO NOT OPEN

8.2.15 All sealed bid packages must be received by the Bid Coordinator no later than 10:00 AM CST, Thursday, February 27, 2025. Bid packages submitted via facsimile (fax) machine will not be accepted. It is suggested that if sealed bid packages is mailed to the Agency, it should be posted in certified mail with a return receipt requested. The Agency will not be responsible for mail delays or lost mail. All risk of late arrival due to

Martin, LaTeshya Check dates

LaBranche, Kimberly (Contract) updated

Martin, LaTeshya Check dates completed unanticipated delay – whether delivered by hand, U.S. Postal Service, courier or other delivery service or method – is entirely on the vendor. All vendors are urged to take the possibility of delay into account when submitting a bid package.

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

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

8.2.18 Each page of the bid and all attachments should be identified with the name of the bidder.

8.2.19 Failure to submit any required Attachment will be considered cause for rejection of the bid.

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

The Agency reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive.

8.2.21 Failure to sign the bid may result in the bid being rejected as non-responsive.

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

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

8.2.24 Any bidder claiming that its response contains information exempt from the Mississippi

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

Section 9 – Bidder Certification

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

Section 10 – Debarment

By submitting a bid in response to the IFB the bidder certifies that it is not currently excluded or debarred from future contract awards by any political subdivision or agency of any state, federal, local, or county government. Bidder further certifies that it is not an agent of any such person or entity.

Bidder certifies that it has not, in the five-year period preceding its offer, been convicted of or had a civil judgment rendered against it for commission of a fraud or criminal offense in connection with obtaining, attempting to obtain, or performance of a public contract; violation of antitrust laws; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder certifies that it is not presently indicted or otherwise criminally or civilly charged with the commission of any of the acts listed herein.

Bidder certifies that, within the past five years, it has not had a contract with a governmental entity terminated due to the bidder's failure to perform, default, or any other action or inaction by the bidder.

Section 11 – Registration with Mississippi Secretary of State

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

Section 12 – Insurance

12.1 Each successful bidder shall, at its own expense, obtain and maintain insurance, bond, or other surety which shall include the following types and coverage limits:

12.1.1 Workers Compensation Coverage as required by the State of Mississippi, if any workers will be working in Mississippi.

12.1.2 Comprehensive General Liability or Commercial Liability– for operations and contractual liability adequate to cover the liability assumed hereunder.

12.2 Additionally:

12.2.1 In no event shall the requirement for an insurance, bond, or other surety be waived.

12.2.2 All insurances policies will list the State of Mississippi as an additional insured.

12.2.3 All insurance policies shall be issued by companies authorized to do business under the laws of the State of Mississippi, meaning insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.

12.2.4 Contractor shall submit to Agency within 10 business days of notification of intent to award, a certificate of insurance and/or bond which outlines the coverage and limits defined in the procurement and contract. There are no provisions for exceptions to this requirement.

Failure to provide the certificates of insurance within 10 business day period may be cause for your bid to be declared non-responsive or for your contract to be cancelled.

12.2.5 Contractor shall obtain at Contractor’s expense the insurance and/or bond requirements specified in the procurement and contract prior to performing under this Contract, and Contractor shall maintain the required insurance and/or bond coverage throughout the duration of this Contract and all warranty periods. There are no provisions for exceptions to this requirement.

12.2.6 Contractor shall not commence work under this contract until it obtains all insurance and/or bond required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. After work commences, the Contractor will keep in force all required insurance and/or bond until the contract is terminated or expires.

12.2.7 Contractor shall submit renewal certificates as appropriate during the term of the contract.

12.2.8 Contractor shall instruct the insurers to provide the Agency 30 days advance notice of any insurance cancellation.

12.2.9 Contractor shall ensure that should any of the above-described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance and/or bond coverage(s), that written notice will be delivered to the Agency Chief Procurement Officer.

12.2.10 There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance and/or bond coverage(s) to Agency. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by Agency.

Section 13 – Bid Opening

Bid opening will be conducted via video conferencing. The link to the meeting will be posted on the MSDH webpage under the listing of the Calendar of Events. Please check the Calendar of Events by Thursday, February 27, 2025, to confirm access to the link. If you cannot locate the link, contact:

Dorthy Young, PhD, MHSA, CMPA, or Kimberly LaBranche, Bid Coordinators procurement@msdh.ms.gov

601.576.7627

The bid opening will include opening, reading, and listing the name of each bidder and the bid price of each bid only. No discussions will be entered into with any bidder as to the quality or provisions of the specifications and no award will be made either stated or implied at the bid opening.

Section 14 – Award Notification

Award(s) for this procurement will be posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the Agency website at http://www.msdh.ms.gov under IFBs/Grants in the bottom left corner of the webpage. Bidders will be notified via e-mail of the awards.

mailto:procurement@msdh.ms.gov http://www.msdh.ms.gov/ Martin, LaTeshya Is this correct?

corrected

Section 15 – Procurement Methodology

15.1 Restrictions on Communications with Agency and Agency Staff

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

15.2 Bidder Investigations

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

15.3 Expenses Incurred in Preparing Bid

The Agency accepts no responsibility for any expense incurred by any bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

15.4 Proprietary Information

The Bidder should identify any part of the bid package considered to be proprietary information which may remain confidential in accordance with Mississippi Code Annotated §§ 25-61-9 and 79-23-1 (1972, as amended), as a “Trade Secret”. Each page of this response, considered by the Bidder to contain trade secrets or other confidential commercial/financial information should be marked in the upper right-hand corner with the word “CONFIDENTIAL”. Any pages not marked will be subject to review by the general public after award of the contract.

Bidder must also provide a redacted Public Copy as described herein. Any pages not redacted accordingly will be subject to review by the general public after award of the contract. Requests to review the proprietary information will be handled in accordance with applicable legal procedures.

The Bidder shall submit a completed Proprietary Information Acknowledgement form, attached to this IFB as Attachment H.

15.5 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 relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the bid prices. The prices quoted shall be inclusive of, but not limited to the following: LSL inventory development, inventory evaluation, and reporting; all required labor; all required equipment/material; all required insurance, bond, or other surety; all required overhead; all required profit; all required vehicles; all required fuel and mileage; all required labor and supervision;

all required training; all required business and professional licenses, certifications, fees, or permits; all required postage and shipping costs; and, any and all other costs. All pricing must include all associated costs with no additional or hidden fees.

15.6 Rejection of Bids

A bid response that includes terms and conditions that do not conform to the terms and conditions in the IFB document is subject to rejection as non-responsive. Further, submission of a bid that is not complete and/or signed is subject to rejection as non-responsive. The Agency reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by the Agency staff of non-responsiveness based on the submission of nonconforming terms and conditions. Furthermore, if a bidder’s price is substantially higher than those of other bidders, meaning those with more than a twenty-five percent (25%) differential, the bidder’s price may be deemed non-responsive.

15.7 Withdrawal of Bids

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

(1) The bid is submitted in good faith

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

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

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

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

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

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

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

15.8 Post-Award Vendor Debriefing

A Bidder/respondent, successful or unsuccessful, may request a post-award debriefing, in writing, by U.S. mail or electronic submission. The written request must be received by the Chief Procurement Officer, Dorthy Young of the MSDH within three (3) business days of notification of the contract award. A post-award debriefing is a meeting and not a hearing; therefore, legal representation is not required. A debriefing typically occurs within three (3) business days of receipt of the request. If a Bidder/respondent prefers to have legal representation present, the Bidder/respondent must notify the Chief Procurement Officer, Dorthy Young in writing and identify its attorney by name, address, and telephone number. MSDH reserves the right to provide written debriefings at its sole discretion.

At a minimum, the debriefing information shall include the following:

1. The agency’s evaluation of significant weaknesses or deficiencies in the vendor’s bid, proposal, or qualifications, if applicable;

2. The overall evaluated cost or price, and technical rating, if applicable, of the successful vendor(s) and the debriefed vendor;

3. The overall ranking of all vendors, when any ranking was developed by the agency during the selection process;

4. A summary of the rationale for award; and,

5. Reasonable responses to relevant questions about selection procedures contained in the solicitation, applicable regulations, and other applicable authorities that were followed.

For additional information regarding Post-Award Debriefing, as well as the information that may be provided and excluded, please see Section 6.9.2 Debriefings, of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations as updated and replaced by PPRB.

15.9 Request for Reconsideration of the Intent to Award

A bidder who responded to an IFB has an opportunity to request that the procuring Agency reconsider its intent to award the contract to a specific bidder or bidders. Any such request shall be filed with the Agency official primarily responsible for the procurement and the Director of OPSCR within three business days following issuance of the Notice of Intent to Award and posting of the Agency Procurement File in compliance with Sections 6.9.1, 6.9.1.1, and 6.9.1.2. It shall be the sole responsibility of the requesting bidder to ensure the request is timely received by all required parties.

Failure to timely request reconsideration in compliance with this Section results in waiver of any claim a bidder may have as to the Agency’s decision to award the contract.

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, the date the IFB was issued, and the date the Notice of Intent to Award was issued. The request shall identify which of these rules and regulations and/or the terms of the IFB the requesting bidder believes were violated by the Agency during the bid evaluation process, explain the factual basis for the alleged violation(s), and specify how the alleged violation(s) affected the outcome of the procurement. The request shall not be based on anything other than the Agency Procurement File, these rules and regulations, and the terms of the solicitation. The request shall not be supplemented.

Exhibits shall not be included with the request. Rather, the requesting vendor shall clearly identify the portion(s) of the Agency Procurement File and/or the IFB at issue in the request. Reference to documents outside of or facts not supported by the Agency Procurement File or the IFB shall not be considered by the Agency when responding to the request.

If the requesting bidder believes the Agency Procurement File posted on the Agency website is incomplete (i.e., does not contain a document or documents required by these rules and regulations), the requesting bidder shall so state in the request and shall specify what it believes to be missing.

Should the requesting bidder believe the trade secrets and/or confidential commercial and financial information which were redacted from the Agency Procurement File posted on the Agency website contain issues related to its request, the requesting bidder shall state those concerns in the request – even if speculative – in a manner which is specific enough for the Agency to provide a response.

These rules and regulations provide the opportunity to request reconsideration of an Agency’s decision to award a contract requiring PPRB approval. No such opportunity exists where the contract will not require PPRB approval unless explicitly so stated by the procuring Agency

Section 16 –Contract, Terms and Conditions

The release of this IFB does not constitute an acceptance of any submitted bid, nor does such release in any way obligate MSDH to execute a contract with any bidder. MSDH reserves the right to accept or reject any and all bids on the basis of the evaluation criteria contained within this document. The final decision to execute a Contract with any party rests solely with MSDH, including the decision to make no award of Contract.

A sample MSDH Independent Contractor contract to be entered into with the MSDH pursuant to this IFB is attached hereto as Attachment J. This contract contains clauses required by the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB. A copy of the required contract clauses can be found at PPRB OPSCR Rules & Regs - Eff 2024-09-06.pdf. These required clauses are mandatory and are nonnegotiable. The titles of required clauses are printed in bold on the agency’s sample contract attached hereto. The Agency discourages modification of these required clauses. Such modifications 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.

Any contract resulting from this solicitation will consist of the MSDH Independent Contract, this IFB, any amendments and any responses thereto.

Section 17 – Agency Website

This IFB, questions and answers concerning this IFB, and the Notice of Intent to Award, will be posted on the Agency website at http://www.msdh.ms.gov and on the Mississippi Procurement Opportunity Search Portal website https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False.

Section 18 – Attachments

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

Section 19 – Regulatory Authority/Approval

It is understood that this solicitation is issued in accordance with Office of Personal Service Contract Review Board Rules and Regulations. A copy of these rules by be found at:

https://www.dfa.ms.gov/sites/default/files/Personal%20Service%20Contract%20Review%20Home/Rules%20and%20Regulations/PPRB%20OPSCR%20Rules%20%26%20Regs%20-%20Eff%202024-09-06.pdf http://www.msdh.ms.gov/ https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False https://www.dfa.ms.gov/personal-service-contract-review

If any contract resulting from this solicitation requires approval by the Public Procurement Review Board and/or the Mississippi Department of Finance and Administration Office of Personal Service Contract Review and the contract is not approved by the PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

https://www.dfa.ms.gov/personal-service-contract-review

ATTACHMENT A: BID COVER SHEET

Proposals are to be submitted as…