EMERGENCY FUEL 2026 RFP BID SOLICITAITON 3120003391.pdf

RFP# 3120003391

STATE OF MISSISSIPPI

DEPARTMENT OF FINANCE AND

ADMINISTRATION

RFP Bid Solicitation

Emergency Fuel

RFP for Emergency Fuel

Mississippi Department of Finance and Administration Office of Purchasing, Travel and Fleet Management

Request for Proposals

Emergency Fuel

RFP # 3120003391

Mississippi Department of Finance and Administration Office of Purchasing, Travel and Fleet Management

Suite 701-A Woolfolk State Office Building 501 North West Street

Jackson, Mississippi 39201

Contact:

Ramona Jones Director, Travel and Fleet Support Contracts ramona.jones@dfa.ms.gov

FAX: (601) 576-2740

PHONE: (601) 359-3409

Alicia Adams

Contract Analyst, Travel and Fleet Support Contracts alicia.adams@dfa.ms.gov

FAX: (601) 576-2740

PHONE: (601) 359-3409

Due Date:

Sealed Proposals MAIL or HAND DELIVERY ONLY

Thursday, August 27, 2026 2:00 PM Central Daylight Time mailto:ramona.jones@dfa.ms.gov mailto:alicia.adams@dfa.ms.gov

Mississippi Department of Finance and Administration

RFP Table of Contents

1.0 Introduction

1.1 General Instructions

1.2 Project Description

2.0 Scope of Work

2.1 Duties of the Contractor

2.2 Duties of the Office of Purchasing, Travel and Fleet Management

2.3 Selection Procedure

3.0 Qualifications

3.1 Required Information

4.0 Format and Procedures for Delivery of the Request for Proposals

4.1 Procedures for Delivery of Proposal

4.2 Force Majeure

4.3 Acceptance of Proposals

4.4 Rejection of Proposals

4.5 Disposition of Proposals

4.6 Acknowledgements of Amendments

4.7 Conditions of Solicitation

4.8 Submission of Questions

5.0 Standard Terms and Conditions for Contract

Appendix A - Proposal Transmittal Form Appendix B - Contractor Signature Page

US MAIL OR HAND DELIVERED

Appendix C - Sample Contract

Mississippi Department of Finance and Administration

1.0 Introduction

This Request for Proposals (RFP) for the procurement and distribution of fuel in emergency situations for the State of Mississippi, its agencies and governing authorities is issued in accordance with the authority granted to the Mississippi Department of Finance and Administration, Office of Purchasing, Travel and Fleet Management (OPTFM) pursuant to Mississippi Code Ann. § 31-7-1, et seq.

The purpose of this RFP is to create the mechanism necessary for the State of Mississippi, Office of Purchasing, Travel and Fleet Management (OPTFM) to select and enter into a contract or contracts with Contractors for the purpose of the acquisition and distribution of fuel during emergency situations. OPTFM is seeking to secure professional and specialized services to assist in the procurement, storage, distribution and recording of fuel for state agencies and governing authorities of this State during emergency situations, and at the agreement of the Contractor, also for state agencies and local governing authorities of other States.

OPTFM currently has a contract for normal fuel needs. During emergency situations, the State desires a contract to provide adequate assurance that the State will receive priority allocation of fuel. It is the intention of OPTFM to have the proper quantities of fuel in locations that are reasonably acceptable to the agencies so they can fulfill their assigned missions. The State would need to not only have the fuel in the proper locations but also be able to dispense the fuel into vehicles and potentially portable tanks to fill generators, as needed. OPTFM is attempting to determine if there are ways that would provide the State with greater assurance of adequate supplies and/or transportation of fuel under emergency conditions.

OPTFM will receive proposals and will evaluate the proposals to determine which Offeror has proposed the best opportunity for the State to be guaranteed access to adequate quantities of fuel while limiting the costs and risks to the State. The chosen Offeror will be required to enter into a contract which is in substantial compliance with the sample contract attached as Appendix C.

While OPTFM does not intend to tell Offerors how to provide these services, several potential options, or portions thereof, are presented herein. It is OPTFM’s belief that the private sector may have more creativity and, thus may be able to improve on this plan or present a totally different plan.

Potentially, an Offeror could enter into a contract with one or more fuel terminals with which to provide up to 2 million gallons of fuel and diesel, as well as some propane, for the express use of the State. They would, of course, rotate this stock, but would always have at least this quantity available to the State. The Offeror could also enter into contracts with one or more distributors that would guarantee availability of trucks and drivers in case of an emergency (hurricane, earthquake, flood, ice storm, etc.) for the distribution of the fuel from the terminal to locations throughout the state which would be determined at the time of the emergency by specified State employees. The Offeror could also enter into a contract or contracts with one or more firms that would guarantee

Mississippi Department of Finance and Administration access to multiple non-manned units for dispensing of fuel to individuals holding the State’s Fuel Cards. These units would be mobile and would be placed at locations agreed to by the Offeror and the State. The State could pay for all fuel at the time of usage at the cost of OPIS, plus a fee and documented transportation costs, or transportation costs could be included in the fee. It is possible that the State may desire to have such arrangements at more than one terminal, as limiting to a single location may cause problems should that area be impacted by the emergency.

One potential scenario could be the Offeror proposes a guarantee of 100% of the fuel specified with a set monthly or annual fee for this guarantee. The State would then pay for the fuel if and when it is actually ordered. If this concept is used it may be beneficial to also offer a sliding scale wherein the Offeror could propose to guarantee amounts less than the 100% for a reduced monthly fee. For example: a guarantee of 100% of the fuel could cost $100 per month, a guarantee of 90% could cost $95 per month, and so on. This would allow the State to determine, during the evaluation and contracting phase, the amount of cost the State is willing to take on while having a clear view of the potential risks involved. While the State is willing to consider any proposal for the method of payment, at this time, this “monthly or annual fee” appears to be the preferred method.

It is possible that the State may choose not to contract for all of the duties listed in Section 2.1 and/or the different duties may be paid for by different agencies, therefore it may be advantageous for the Offeror to provide prices on each of the duties individually and as a group.

Another possible scenario could be for the State to hold a large fuel reserve and use a sliding scale to price the fee based on the size of the reserve. The larger the reserve, the smaller the storage fee.

This could allow for the purchase of the fuel at a fixed price and guarantee its availability. If offered, the Contractor should describe storage location(s) and method of assuring fuel availability and freshness. Contractor shall detail all aspects of the purchase of an emergency fuel reserve, including pricing or margin based on a third party (such as OPIS) verified rack price.

There are many options that could give the State the robust emergency fuel plan it desires. Once again, it is the State’s goal to have immediate access to fuel when needed while reducing costs and risks as much as possible.

OPTFM seeks submittal of proposals from qualified firms to secure professional services with which to accomplish these goals.

1.1 General Instructions

Proposals shall be submitted as set forth in Section 4.1.

1.2 Project Description

The Project Description is set forth in the Introduction.

Mississippi Department of Finance and Administration

2.0 Scope of Work

The awarded Contractor(s) shall provide the customary activities and services associated with providing fuel and transportation of fuel during emergency situations.

2.1 Duties of the Contractor

1. Prior to potential emergency situation, and at the direction of the Mississippi Emergency Management Agency’s Logistics Chief (“state representative”), the Contractor will position tanks and equipment that would form five (5) fueling facilities to be used for emergency event response in a location or locations whereby the tanks will be able to be moved to strategic locations and made operable immediately upon notification of safe conditions and clear roads. Each fueling site shall have a minimum capacity of 3500 gallons of diesel and 3500 gallons of gasoline and be equipped for use as temporary fuel stations capable of dispensing and metering fuel to vehicles or other tanks. These facilities shall be self-sustaining in case there is no electricity available and equipped for night use. The tanks should be double walled, UL listed, with appropriate containment systems, equipped with industry approved vents and fill openings. These tank systems should also allow for the recording of fuel using the state fuel card system transaction information. The State will provide the location, as well as security and an onsite individual to record usage.

Alternatively, the Contractor can provide its proposed fee for providing such security and onsite personnel.

2. Contractor is to provide storage and deployment services for small tanks, so they remain ready for service and out of the weather.

a) After the occurrence of an emergency situation, as soon as conditions are deemed safe and the roads are adequately cleared, and at the direction of the state representative, move up to five (5) mobile tank facilities to locations designated by the state representative.

b) Guarantee the availability and delivery of fuel to the mobile tank facilities for 15 days.

With 5 tanks having a capacity of 7,500 gallons of gasoline and 7,500 gallons of diesel, this would be about 562,500 gallons of gasoline and about 562,500 of diesel. The specific sites and quantities will be as specified by the state representative. Fuel is not to be delivered, unless requested by the state representative.

c) As requested by the state representative, guarantee the availability and delivery of up to 2 million gallons of fuel (gasoline, diesel and/or propane) to state and county locations, over a 15-day period. The specific sites and quantities will be as specified by the state representative. Fuel is not to be delivered, unless requested by the state representative.

Mississippi Department of Finance and Administration

d) If requested by the state representative, move the mobile tank facilities to new sites as designated by the state representative.

e) Provide fuel transportation (including drivers and all personnel required to pump fuel) through the use of tankers, bobtails (with the ability to dispense fuel directly into vehicles), and skids as requested by the state representative.

f) Provide fuel rotation services, if requested by state facilities that have on-site fuel storage.

g) Provide an adequate number of trucks with tanks and fueling capabilities that could be used by a county to fuel generators throughout the county. The Contractor would be responsible for filling the tank(s) as needed over a 15-day period. The specific sites and quantities will be as specified by the state representative. Fuel is not to be delivered, unless requested by the state representative.

2.2 Duties of the Office of Purchasing, Travel and Fleet Management

The specific responsibilities of OPTFM are as stated below:

1. Receive proposals.

2. Evaluate proposals to develop a contract or contracts that will ensure the state agencies of an adequate supply of fuel in emergency situations.

3. Conduct negotiations with the best Offeror or Offerors, as necessary.

4. Prepare contract for signatures.

5. Establish methods for payment.

2.3 Selection Procedure

1. Of the proposals received, an evaluation will be conducted to determine that the required information set forth in 4.1 has been submitted and that the minimum qualifications, as set forth in Section 3.0, have been met.

2. All proposals will be evaluated by an evaluation team comprised of representatives from the State, which may include procurement professionals, technical subject matter experts, and other individuals deemed necessary by the State. This evaluation will be made based upon the specific needs and a comparison of the various proposals/qualifications, taking into consideration; proposed plan (35 points), prior related experience (10 points), personnel (10 points), resources (10 points), and cost (35 points).

Mississippi Department of Finance and Administration

3. The evaluation and award selection process will begin following the opening of all proposals. Upon completion of the evaluation process, the State anticipates issuing award notifications via email on or before December 30, 2026. Vendors selected for award, as well as those not selected, will be notified electronically at the email address provided in their proposal submission.

3.0 Qualifications

OPTFM reserves the right to reject any and all proposals, to request and evaluate “best and final offers” from some or all of the respondents, to negotiate with the best proposed offer to address issues other than those described in the proposal, to award a contract to other than the low Offeror, or not to make any award if it is determined to be in the best interest of OPTFM.

Minimum Qualifications are as follows:

The Contractor and all proposed subcontractors must maintain any and all licenses to do the proposed business in the State of Mississippi.

The Contractor must be able to provide proof of minimum insurance coverage as herein provided.

3.1 Required Information

The information set forth in Section 4.1 must be provided

4.0 Format and Procedures for Delivery of the Request for Proposals

Proposal Organization

The proposal shall consist of three parts:

Part I Proposal Transmittal Form (Appendix A)

Part II Executive Summary (Limited to 15 pages) Provide a summary of the Offeror’s proposed plan, as well as, area(s) of expertise and resource capabilities that highlight your company as superior or unique in addressing the needs of the State

Qualifications and Experience – Provide a brief history and organizational structure of the company (Limited to 1 page).

Past performance in similar activities. (Limited to 5 pages) List projects similar in scope and size.

Title and brief description of each project to include:

Mississippi Department of Finance and Administration

Client Name, including contact person, address, telephone number and fax number Nature of work involved in each project Dates of agreement Total value of contract Briefly explain the process and methods used to minimize costs and risks, if applicable.

Qualifications of Personnel (Limited to 5 pages) Listing of the individuals and details of qualifications of individuals to be assigned under this agreement:

Individual’s resume An outline of the proposed function(s) of the individual in the proposed engagement Individual’s office location List current litigation, outstanding judgments and liens, etc...

Listing of any subcontractors, their location(s), and the proposed function(s) of the subcontractors in the proposed engagement A copy of any applicable license A copy of existing insurance or a statement indicating that such will be provided upon awarding of a contract List any potential risks to OPTFM or the Contractor related to this contract, as well as, the methods that will be used to minimize risks to all parties.

Part III Fee Schedule (Limited to 3 pages)

The proposed fee schedule shall include the following:

Any proposed fees or costs to the state to be charged by the Contractor Offerors may submit different pricing proposals, thus allowing the state to choose the plan that is most advantageous to the State Offerors should price the mobile tank units (500-to-10,000-gallon tankers, bobtails with dispensing ability, skids, etc.) separately as the State may choose another method of acquiring these units.

Offerors should submit pricing for labor rates for drivers Offerors should price each of the duties listed in Section 2.1 separately as the State may choose not to contract for all services and/or different agencies may be required to pay for the different services.

List any other costs OPTFM may anticipate relating to the services to be provided List any additional anticipated categories and/or costs associated with the tasks

Offeror must use the designated forms or formats, as instructed. Failure to respond in the format and context prescribed by OPTFM may result in disqualification of the proposal.

OPTFM reserves the right to reject any or all proposals.

Mississippi Department of Finance and Administration

4.1 Procedures for Delivery of Proposal

Proposals for this RFP must be submitted with Parts I, II, III clearly tabbed. Three (3) copies of the written proposal, which must be in sealed packages that are clearly identified as RFP Emergency Fuel RFP #3120003391. A hard drive may be submitted along with the written proposal.

Proposals must be received by 2:00 p.m. Central Daylight Time, on Thursday, August 27, 2026.

Failure to respond in the format and context prescribed by OPTFM may result in disqualification of the Offeror.

Proposals must be mailed or hand delivered to:

Ramona Jones, Director, Travel and Fleet Support Contracts RE: Emergency Fuel, RFP #3120003391 Mississippi Department of Finance and Administration 501 North West Street, Suite 701-A Jackson, Mississippi 39201

As the proposals are received, the sealed proposals will be date-stamped and recorded by OPTFM.

The parties submitting proposals are responsible for ensuring that the sealed competitive proposal is delivered by the required time and to the required location and the parties assume all risks of delivery. No facsimile proposals will be accepted in OPTFM. The proposal must be signed by a company official authorized to bind the Offeror to the proposal provisions.

Proposals and modifications thereof received by OPTFM after the time set for receipt or at any location other than that set forth above will be considered late and shall not be considered for award.

4.2 Force Majeure

If the agency is closed for any reason, including but not limited to: acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods or other natural disasters (the “Force Majeure Events”), which closure prevents the opening of bids (or the receipt of sealed proposals) at the advertised date and time, all bids received shall be publicly opened and read aloud on the next business day that the agency shall be open and at the previously advertised time. The new date and time of the bid opening (or deadline to receive sealed proposals), as determined in accordance with this paragraph, shall not be advertised, and all bidders, upon submission of a bid proposal, shall be deemed to have knowledge of and shall have agreed to the provisions of this paragraph. Bids shall be received by the agency until the new date and time of the bid opening is set forth herein. The agency shall not be held responsible for the receipt of any bids for which the delivery was attempted and failed due to the closure of the agency as a result of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid or competitive sealed proposal, where applicable, by the agency prior to the new date and time of the bid opening.

Mississippi Department of Finance and Administration

4.3 Acceptance of Proposals

OPTFM reserves the right, in its sole discretion, to waive minor informalities in proposals. A minor informality is a variation in the proposal that does not affect the cost of the proposal or gives one Offeror an advantage or benefit not enjoyed by other Offerors or that adversely impacts the interests of the State. Waivers, when granted, shall not excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the Offeror is awarded a contract.

4.4 Rejection of Proposals

Any proposal may be rejected, in whole or in part, when it is determined to be in the best interest of the State. Reasons for a possible rejection include, but are not limited to:

• The proposal contains unauthorized amendments to the requirements of the RFP;

• The proposal is conditional;

• The proposal is incomplete or contains irregularities that make the proposal indefinite or ambiguous;

• An authorized representative of the party does not sign the proposal;

• The proposal contains false or misleading statements or references;

• The Offeror is determined to be a non-responsible vendor;

• The proposal ultimately fails to meet the announced requirements of OPTFM in some material aspect;

• The proposal price is clearly unreasonable;

• The proposal is not responsive, i.e., does not conform in all material respects to the RFP;

• The supply or service item offered in the proposal is unacceptable because of failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the RFP;

• The Offeror does not comply with the Procedures for Delivery of Proposal as set forth in Section 4.1; or

• The Offeror is currently indebted to the State.

4.5 Disposition of Proposals

All submitted proposals become the property of OPTFM and will not be returned to the Offeror.

4.6 Acknowledgements of Amendments

Mississippi Department of Finance and Administration

Offerors shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid, by identifying the amendment number and date in the space provided for this purpose on the bid form, or by letter. The acknowledgment must be received by OPTFM by the time and at the place specified for receipt of bids or proposals.

4.7 Conditions of Solicitation

The release of this RFP does not constitute an acceptance of any offer, nor does such release in any way obligate OPTFM to execute a contract with any other party. OPTFM reserves the right to accept, reject, or negotiate any or all offers submitted. The final decision to execute a contract with any party rests solely with OPTFM.

The Offeror shall assure compliance with the following conditions of solicitation:

1. Any proposal submitted in response to the RFP shall be in writing;

2. OPTFM will not be liable for any costs incurred by any party which are associated with the proposal process, including, but not limited to, preparation of proposals, required on-site interviews, if necessary, and negotiations of a contract.

3. The award of a contract for any proposal is contingent upon the following;

a) Favorable evaluation of the proposals;

b) Favorable on-site interviews and presentations with the potential winning

Offeror(s);

c) Favorable evaluation of “best and final offers” should OPTFM request the submission of a “best and final offer” from the potential leading Offerors. The OPTFM reserves the right to request a “best and final offer”, however, OPTFM is under no obligation to request or evaluate “best and final offers”, and Offerors are encouraged to present their best offering in their initial response to this RFP;

d) Approval of the proposal by OPTFM and successful negotiation of a contract;

4. OPTFM reserves the right to accept any proposal as submitted for contract award without substantive negotiation of offered terms, services, or prices. Contractors shall be required to enter into a contract which is in substantial compliance with the sample contract attached as Appendix C.

5. All parties are advised to propose their most favorable terms initially. OPTFM reserves the right to conduct discussions with Offerors who substantively meet the qualifications for the purpose of clarification to ensure full understanding of and responsiveness to the requirements and the budget summary submitted. However, as stated above, proposals may be accepted without any such discussions or clarifications;

6. Contracted parties will be required to assume full responsibility for all specified services and may subcontract only as specified in the RFP;

7. Offerors must designate those portions of the proposal that contain trade secrets or other proprietary data that remain confidential in accordance with §25-61-9 and §79-23-1 of the Mississippi Code of 1972, Annotated. Unless so designated, all information shall become

Mississippi Department of Finance and Administration public information upon contract award. Offerors should refer to Section 5.7 of this RFP.

Any information considered to contain trade secrets or other proprietary data shall be on colored paper that is easily identifiable;

8. OPTFM reserves the right to cancel this solicitation, with or without cause, when it is determined to be in the best interest of the State;

9. Any proposal received after the time and date set for receipt of proposals is late. Any withdrawal or modification of a proposal received after the time and date set for receipt of proposals at the place designated for receipt is late. No late proposal, late modification, or late withdrawal will be considered, unless receipt would have been timely but for the action or inaction of State personnel;

10. Offerors shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment page with the offer, by identifying the amendment number and date in the space provided for this purpose on the proposal form, or by letter. The acknowledgement must be received by OPTFM by the time and at the place specified for receipt of proposal. The offer may be rejected if the acknowledgement of any amendment is not received;

11. The Offeror certifies that the fee(s) proposed in response to the solicitation has/have been arrived independently and without any consultation, communication, or agreement with any other Offeror or competitor relating to the intention to submit a proposal, or the methods or factors used to calculate the fee(s). The Offeror is required to certify this in writing on the Proposal Transmittal Form found in Appendix A and the Contractor Signature Page in Appendix B.

4.8 Submissions of Questions

Questions regarding this RFP should be in writing and sent via email to:

Ramona Jones - Ramona.jones@dfa.ms.gov

OR

USPS or Hand Delivered to the address below:

Ramona Jones, Director Mississippi Department of Finance and Administration Office of Purchasing, Travel and Fleet Management 501 North West Street Suite 701-A Jackson, MS 39201.

5.0 Standard Terms and Conditions for Contract

mailto:Ramona.jones@dfa.ms.gov

Mississippi Department of Finance and Administration

Certain terms and conditions are required for contracting. Therefore, the Offeror shall assure agreement and compliance with the following State of Mississippi standard Terms and Conditions:

PRECEDENCE

The STATE OF MISSISSIPPI TERMS AND CONDITIONS FOR OPTFM COMPETITIVE, NEGOTIATED, and COOPERATIVE CONTRACTS shall take precedence over the Contractor’s Proposal and any agreements, and should ambiguities, conflicts, or questions of interpretation of these documents arise, they shall be resolved first by reference to the STATE OF MISSISSIPPI TERMS AND CONDITIONS for OPTFM COMPETITIVE, NEGOTIATED, and COOPERATIVE CONTRACTS.

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.

AVAILABILITY OF FUNDS

It is expressly understood and agreed that the obligation of the State to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and 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, the State shall have the right upon 10 business days’ written notice to Contractor to terminate this agreement without damage, penalty, cost or expense to the State of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

RECORD RETENTION AND ACCESS TO RECORDS

Contractor shall maintain such financial records and other records as may be prescribed by the State or by applicable federal and state laws, rules, and regulations. Provided Contractor is given reasonable advance written notice, and such inspection is made during normal business hours of Contractor, the State or any duly authorized representatives shall have unimpeded, prompt access to any of Contractor’s books, documents, papers, and/or records which are relevant to this agreement. All records related to this agreement shall be retained by Contractor for three (3) years after final payment is made under this agreement and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this project is commenced before the end of the three (3) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the three (3) year period, whichever is later.

APPLICABLE LAW

Mississippi Department of Finance and Administration

The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws and provisions, and any litigation with respect thereto shall be brought in the courts of Mississippi.

ANTI-ASSIGNMENT/SUBCONTRACTING

Contractor acknowledges that it was selected by the State to perform the services required hereunder based, in part, upon Contractor’s special skills and expertise. Contractor shall not assign, subcontract, or otherwise transfer this agreement, in whole or in part, without the prior written consent of the State, which may, in its sole discretion, approve or deny without reason. Any attempted assignment or transfer of Contractor’s obligations hereunder without consent of the State shall be null and void. Approval of a subcontract by the State shall not be deemed to be approval of the incurrence of any additional obligation of the State. Subcontracts shall be subject to the terms and conditions of this agreement and to any conditions of approval that State may deem necessary. Subject to the foregoing, this agreement shall be binding upon the respective successors and assigns of the parties.

COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY

Contractor understands that the State is an equal opportunity employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is 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

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

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 at the Agency for examination, inspection, or reproduction by the public. The [bidder, offeror, applicant, contractor] acknowledges and agrees that the [Agency] 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.

E-VERIFICATION

http://www.transparency.ms.gov/

Mississippi Department of Finance and Administration

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 [Agency] 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.

INDEPENDENT CONTRACTOR STATUS

Contractors shall, at all times, be regarded as and shall be legally considered an independent contractor and shall at no time act as an agent for the State. Nothing contained herein shall be deemed or construed by the State, Contractor, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar such relationship between the State and Contractor. Neither the method of computation of fees or other charges, nor any other provision contained herein, nor any acts of the State or Contractor, hereunder, creates or shall be deemed to create a relationship other than the independent relationship of the State and Contractor. Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of the State. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of the State, and the State shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees. The State shall not withhold from the contract payments to Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, the State shall not provide to Contractor any insurance coverage or other benefits, including Workers’ Compensation, normally provided by the State for its employees.

INSURANCE

Contractor represents that it will maintain workers’ compensation insurance which shall inure to the benefit of all Contractor’s personnel provided hereunder, comprehensive general liability or professional liability insurance, with minimum limits of $1,000,000.00 per occurrence and fidelity bond insurance with minimum limits of $1,000,000.00. All general liability, professional liability and fidelity bond insurance will provide coverage to the [agency] as an additional insured. The

Mississippi Department of Finance and Administration

[agency] reserves the right to request from carriers, certificates of insurance regarding the required coverage. Insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.

MODIFICATION OR RENEGOTIATION

The parties agree to renegotiate the agreement in good faith if federal and/or state revisions to any applicable laws or regulations make changes in this agreement necessary. This agreement may be modified only by written agreement signed by the parties hereto and approval by the Public Procurement Review Board, if required.

TERMINATION

Termination for Convenience. The State may, when the interests of the Agency so require, terminate this contract in whole or in part, for the convenience of the Agency. The State 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. Termination for Default. If the State 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 State may terminate the contract for default, and the Contractor will be liable for the additional cost to the State to procure the personal and professional services from another source. Termination under this paragraph could result in Contractor being excluded from future contract awards. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

STOP WORK ORDER

The State may by a 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 State.

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 State. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the State has terminated that part of the agreement or terminated the agreement in its entirety. The State is not liable for payment for services which were not rendered due to the stop work order.

ORAL STATEMENTS

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications to the contract shall be made in writing by the [Agency], agreed to by Contractor¸ and approved by the Public Procurement Review Board, if required.

OWNERSHIP OF DOCUMENTS AND WORK PAPERS

Mississippi Department of Finance and Administration

The State shall own all documents, files, reports, work papers and working documentation, electronic or otherwise, created in connection with the project which is the subject of this agreement, except for Contractor’s internal administrative and quality assurance files and internal project correspondence. Contractor shall deliver such documents and work papers to the State upon termination or completion of the agreement. The foregoing notwithstanding, Contractor shall be entitled to retain a set of such work papers for its files. Contractor shall be entitled to use such work papers only after receiving written permission from the State and subject to any copyright protections.

INDEMNIFICATION

To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the State its commissioners, board members, officers, employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor and/or its partners, principals, agents, employees and/or subcontractors in the performance of or failure to perform this agreement. In the State’s sole discretion, upon approval of the Office of the Mississippi Attorney General and the State, Contractor may be allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc., Contractor shall use legal counsel acceptable to the Office of the Mississippi Attorney General and the State. Contractor shall be solely responsible for all costs and/or expenses associated with such defense, and the State shall be entitled to participate in said defense.

Contractor shall not settle any claim, suit, etc. without the concurrence of the Office of the Mississippi Attorney General and the State, which shall not be unreasonably withheld.

THIRD PARTY ACTION NOTIFICATION

Contractor shall give the customer prompt notice in writing of any action or suit filed, and prompt notice of any claim made against Contractor by any entity that may result in litigation related in any way to this agreement.

RECOVERY OF MONEY

Whenever, under the contract, any sum of money shall be recoverable from or payable by Contractor to the State, the same amount may be deducted from any sum due to Contractor under the contract or under any other contract between Contractor and the State. The rights of the State are in addition and without prejudice to any other right the State may have to claim the amount of any loss or damage suffered by the State on account of the acts or omissions of Contractor.

FAILURE TO ENFORCE

Failure by the State at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the State to enforce any provision at any time in accordance with its terms.

REPRESENTATION REGARDING CONTINGENT FEES

Mississippi Department of Finance and Administration

By responding to the solicitation, executing the contract the offeror or contractor 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 or contractor 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.

REPRESENTATION REGARDING GRATUITIES

Offeror or Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of the State 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 or Contractor further represents that no employee or former employee of the State 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 the offeror or contractor. Offeror or Contractor 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.

CHANGE IN SCOPE OF WORK

The STATE OF MISSISSIPPI may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the Agreement. No claims may be made by the Vendor that the scope of the project or of the Vendor’s services has been changed, requiring changes to the amount of compensation to the Vendor or other adjustments to the Agreement, unless such changes or adjustments have been made by written amendment to the Agreement signed by the STATE OF MISSISSIPPI and the Vendor. If the Vendor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Vendor, the Vendor must immediately notify the STATE OF MISSISSIPPI in writing of this belief. If the STATE OF MISSISSIPPI believes that the particular work is within the scope of the Agreement as written, the Vendor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the Agreement.

CONTRACTOR PERSONNEL

The STATE OF MISSISSIPPI shall, throughout the life of the Agreement, have the right of reasonable rejection and approval of staff or Subcontractors assigned to the work by the Vendor. If the STATE OF MISSISSIPPI reasonably rejects staff or Subcontractors, the Vendor must provide replacement staff or Subcontractors satisfactory to the STATE OF MISSISSIPPI in a timely manner and at no additional cost to the STATE OF MISSISSIPPI. The day-to-day supervision and control of the Vendor’s employees and Subcontractors is the sole responsibility of the Vendor.

TRADE SECRETS, COMMERCIAL AND FINANCIAL INFORMATION

It is expressly understood that Mississippi law requires that the provisions of this Agreement which contain the commodities purchased or the personal or professional services provided, the price to be paid, and the term of the Agreement shall not be deemed to be a trade secret or confidential

Mississippi Department of Finance and Administration commercial or financial information and shall be available for examination, copying, or reproduction.

TERMINATION UPON BANKRUPTCY

This Agreement may be terminated in whole or in part by the STATE OF MISSISSIPPI upon written notice to Vendor, if Vendor should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by Vendor of an assignment for the benefit of its creditors. In the event of such termination, Vendor shall be entitled to recover just and equitable compensation for satisfactory work performed under this Agreement, but in no case shall said compensation exceed the total Agreement price.

NO LIMITATION OF LIABILITY

Nothing in this agreement shall be interpreted as excluding or limiting any liability of the Contractor for harm arising out of the Contractor’s or its subcontractors’ performance under this agreement.

PROPERTY RIGHTS (for the contract) Property rights do not inure to Contractor until such time as services have been provided under a legally executed contract. Contractor has no legitimate claim of entitlement to the provision of work hereunder and acknowledges that the [Agency] may terminate this contract at any time for its own convenience.

Mississippi Department of Finance and Administration

Appendix A - Proposal Transmittal Form

Name of Offeror:

Contact Person and Title:

Location of Principal Place of Business:

Location of place of performance if different from above:

Phone:

Age of Offeror’s Business:

Average number of employees for each of the last three years:

(Year 1)

(Year 2)

(Year 3)

Fax:

Mailing Address:

E-mail Address:

Mississippi Department of Finance and Administration

Appendix B Signature Page

IMPORTANT

Attach the following (see Section 4.1):

Summary page (limited to 15 pages) History and organizational structure (limited to 1 page) Summary of past projects Listing of individuals, individual’s resume, proposed functions and office location Listing of any subcontractors Listing of current litigation, outstanding judgments and liens… Copy of license (if applicable) Fee Schedule

Contingency:

I represent that as a part of our bid or proposal that the Offeror has/has not (circle applicable word or words) retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract.

Authority to Bind Offeror:

By my signature below, I hereby represent that I am authorized to and do bind the Offeror to the provisions of the attached proposal. The undersigned offers and agrees to perform the specified personal and professional services in accordance with provisions set forth in the Request for Proposals. Furthermore, the undersigned fully understands and assures compliance with the Conditions of Solicitation and Standard Terms and Conditions contained in the RFP. The undersigned is fully aware of the evaluation criteria to be utilized in awarding the contract.

The Offeror certifies that the fee(s) proposed in response to the solicitation has been arrived at independently and without any consultation, communication, or agreement with any other Offeror or competitor relating to those prices, the intention to submit a proposal, or the methods or factors used to calculate the fee(s) stated herein.

Authorized Signature Date

Mississippi Department of Finance and Administration

US MAIL OR HAND DELIVERED TO:

Ramona Jones Emergency Fuel

RFP #3120003391

Mississippi Department of Finance and Administration Purchasing, Travel and Fleet Management

701-A Woolfolk State Office Building 501 North West Street

Jackson, Mississippi 39201

Proposal Due: Thursday, August 27, 2026, no later than 2:00 PM Central Standard Time

Mississippi Department of Finance and Administration

Appendix C Sample Contract

Emergency Fuel Agreement

Between the Mississippi Department of Finance and Administration Office of Purchasing, Travel and Fleet Management (DFA)

And the

(NAME OF CONTRACTOR)

This Emergency Fuel Contract is made by and between the Mississippi Department of Finance and Administration, Office of Purchasing, Travel and Fleet Management (“DFA” or “OPTFM”) whose address is 501 North West Street, Suite 701-A Woolfolk Building, Jackson, Mississippi, 39201, and the (NAME OF CONTRACTOR) (the “Contractor”), whose address is (ADDRESS OF CONTRACTOR), on the day of , 2026, under the following terms and conditions.

The contract…