GAS CYLINDER RFQ.pdf

STATE OF MISSISSIPPI

Department of Corrections

BURL CAIN

COMMISSIONER

REQUEST FOR QUOTES

RFx NO. 3140004621

GAS CYLINDER RENTAL

AT MISSISSIPPI STATE PENITENTIARY

The Mississippi Department of Corrections (MDOC) is soliciting quotations from qualified vendors to provide gas cylinder rental services for the Mississippi State

Penitentiary (MSP), located at Highway 49, Parchman, MS 38738. The resulting contract will be for one (1) year beginning on or about July 15, 2026. Services shall be provided in accordance with the requirements and specifications contained in

Attachment A – Gas Cylinder Rental Quote Form.

Interested and qualified vendors with the capability and resources to provide the requested services are invited to submit a quotation. To be considered, vendors must complete and return Attachment A no later than July 10, 2026, at 3 PM CST.

Select Bidders are required to be registered with both the State of Mississippi at https://www.dfa.ms.gov/vendors to receive a supplier number and the Mississippi

Secretary of State at Business Services & External Affairs | MS SOS.

Questions regarding this solicitation should be directed to Victoria James, procurement@mdoc.state.ms.us.

Subject Line: Gas Cylinder Rental Quote, or

Mail quotes to the following address:

Mississippi Department of Corrections

ATTN: Victoria James – Gas Cylinder Rental Quote

301 N. Lamar Street

Jackson, MS 39201

MDOC anticipates awarding a single contract to the responsive and responsible

Bidder whose pricing, as submitted in Attachment B, results in the lowest total https://www.dfa.ms.gov/vendors https://www.sos.ms.gov/business-services-external-affairs mailto:procurement@mdoc.state.ms.us evaluated quote. The contractual agreement shall also include rental clauses detailed in Attachment B - Required Clauses.

A Bidder may withdraw its quote at any time before the submission deadline by providing written notice to MDOC.

MDOC reserves the right to cancel, amend, suspend, or reissue this solicitation at any time before contract award; reject any or all quotes received; waive minor informalities or irregularities; and request clarification of information submitted by

Bidders when deemed necessary.

The issuance of this solicitation does not obligate MDOC to award a contract or reimburse any costs incurred by a Bidder in preparing or submitting a quote.

MDOC reserves the right to make an award in the best interest of the Agency in accordance with the terms of this solicitation.

GAS CYLINDER RENTAL

AT MISSISSIPPI STATE PENITENTIARY

ATTACHMENT A – RENTAL QUOTE FORM

MSP - Central Warehouse Supplies

Description Qty UOM Price Per Item

Forklift Propane 30 CYL

Cylinder Rent 6 EA

Delivery Fee 1 EA

Environmental Compliance Fee 1 EA

Fuel Surcharge 1 EA

MSP - Maintenance Shop

Forklift Propane 24 CYL

Oxygen, HP OX-2 16 CYL

Oxygen, HP OX-20 2 CYL

Acetylene Small Per Cylinder Cap Style 16 CYL

Acetylene WS Small (Linde Style) Flat Top Style (Per Cylinder) 8 CYL

Acetylene MC 8 CYL

Argon/CO2 75/25 12 CYL

Nitrogen 8 CYL

Cylinder Rent HP 62 CYL

Cylinder Rent LP 31 CYL

Delivery Fee 1 EA

Environmental Compliance Fee 1 EA

Fuel Surcharge 1 EA

Argon Demand Charge LG 1 EA

Argon Demand Charge SM 1 EA

MSP - Food Service Supplies

Forklift Propane 28

Cylinder Rent 12

Delivery Fee 1

Environmental Compliance Fee 1

Fuel Surcharge 1

MSP - Welding Shop Supplies (Front School)

Oxygen 12 CYL

Argon/CO2 75/25 23 CYL

Acetylene Small Per Cylinder Cap Style 30 CYL

Acetylene WS Small (Linde Style) Flat Top Style (Per Cylinder) 20 CYL

Argon #3 16 CYL

Acetylene MC 20 CYL

Oxygen 20 Cubic 20 CYL

Nitrogen 40 Cubic 40 CYL

Forklift Propane 20 CYL

Cylinder Rent 110 EA

Cylinder Rent LP 54 EA

Delivery Fee 1 EA

Environmental Compliance Fee 1 EA

Fuel Surcharge 1 EA

Argon Demand Charge LG 1 EA

Argon Demand Charge SM 1 EA

Additional Charges and Fees

GAS CYLINDER RENTAL

AT MISSISSIPPI STATE PENITENTIARY

ATTACHMENT B - REQUIRED CLAUSES

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

APPROVAL. It is understood that if this contract requires approval by the Public Procurement

Review Board (“PPRB”) and/or the Department of Finance and Administration Office of Personal

Service Contract Review (“OPSCR”), and this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

ATTORNEYS’ FEES AND EXPENSES. In the event Contractor defaults on any obligations under this Agreement, Contractor shall pay to MDOC all costs and expenses, without limitation, incurred by MDOC in enforcing this Agreement or reasonably related to enforcing this Agreement.

This includes but is not limited to investigative fees, court costs, and attorneys’ fees. Under no circumstances shall MDOC be obligated to pay attorneys’ fees or legal costs to Contractor.

AUTHORITY TO CONTRACT. Contractor warrants: (1) that it is a validly organized business with valid authority to enter into this agreement; (2) that it is qualified to do business and in good standing in the State of Mississippi; (3) that entry into and performance under this agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind; and, (4) notwithstanding any other provision of this agreement to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this agreement.

AVAILABILITY OF FUNDS. It is expressly understood and agreed that the obligation of

MDOC to proceed under this agreement is conditioned upon the appropriation of funds by the

Mississippi State Legislature and the receipt the appropriated funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, MDOC shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the

MDOC of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY. Contractor understands that the MDOC 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. and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

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

CONFIDENTIALITY. MDOC is a public agency of the State of Mississippi and is subject to the

Mississippi Public Records Act of 1983. Mississippi Code Annotated §§ 25-61-1, et seq. If a public records request is made for any information provided to MDOC by Contractor, MDOC shall follow the provisions of Mississippi Code Annotated §§ 25-61-9 and 79-23-1 before disclosing such information – unless Contractor has previously indicated the information is not a trade secret or confidential commercial and financial information. The MDOC shall not be liable to the

Contractor for disclosure of information required by court order or required by law.

CONTRACT ASSIGNMENT AND SUBCONTRACTING. Contractor acknowledges that it was selected by MDOC 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 MDOC, 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 MDOC shall be null and void.

Approval of a subcontract by the MDOC shall not be deemed to be approval of the incurrence of any additional obligation of the MDOC. Subcontracts shall be subject to the terms and conditions of this agreement and to any conditions of approval that MDOC may deem necessary. Subject to the foregoing, this agreement shall be binding upon the respective successors and assigns of the parties.

CONTRACTOR PERSONNEL. The MDOC shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by

Contractor. If the MDOC reasonably rejects staff or subcontractors, Contractor shall provide replacement staff or subcontractors satisfactory to the MDOC in a timely manner and at no additional cost to the MDOC. The day-to-day supervision and control of Contractor’s employees and subcontractors is the sole responsibility of Contractor.

CONTRACTOR’S REPRESENTATION REGARDING CONTINGENT FEES. By executing the contract, the 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 contractor cannot make such a representation, a full and complete explanation shall be submitted in writing to the MDOC prior to contract execution.

DISCLOSURE OF CONFIDENTIAL INFORMATION REQUIRED BY LAW. In the event that either party to this Agreement receives notice that a third-party has served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence of the other party’s data or other information, the party subject to the subpoena or other legal process shall promptly inform the other party at the earliest reasonable opportunity, unless prohibited by law from doing

so. Thereafter, the party subject to the legal process shall respond to the extent mandated by law.

This section shall survive the termination or completion of this agreement. The parties agree that this section is subject to and superseded by Mississippi Code Annotated §§ 25-61-1, et seq.

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

E-VERIFICATION. If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-

11-1 and 71-11-3. Contractor agrees to provide a copy of each verification upon request of the

MDOC 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.

ENTIRE AGREEMENT. This agreement, including all contract documents, represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, irrespective of whether written or oral. This agreement may be altered, amended, or modified only by a written document executed by the MDOC and Contractor.

Contractor acknowledges that it has thoroughly read all contract documents and has had the opportunity to receive competent advice and counsel necessary for it to form a full and complete understanding of all rights and obligations herein. Accordingly, this agreement shall not be construed or interpreted in favor of or against the MDOC or Contractor on the basis of draftsmanship or preparation hereof.

FAILURE TO DELIVER. In the event of failure of Contractor to deliver services in accordance with the contract terms and conditions, the MDOC, after due oral or written notice, may procure the services from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the

MDOC may have.

FAILURE TO ENFORCE DOES NOT CONSTITUTE WAIVER. Failure by the MDOC 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 MDOC to enforce any provision at any time in accordance with its terms.

FORCE MAJEURE. Each party shall be temporarily excused from performance for any period and to the extent that it is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond the reasonable control and without the fault or negligence of such party and/or its subcontractors. Such acts shall include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (“force majeure events”). When such a cause arises, Contractor shall notify the Agency in writing at its earliest reasonable opportunity of the cause of its inability to perform, how it affects its performance, and the anticipated duration of the inability to perform. All parties shall make reasonable efforts to minimize the impact of the force majeure event on contract performance. The MDOC may exercise any rights it has under the contract which are available when neither party is in default.

INDEMNIFICATION. To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the MDOC 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 MDOC’s sole discretion, upon approval of the Office of the Mississippi Attorney General and the MDOC, 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 MDOC. Contractor shall be solely responsible for all costs and/or expenses associated with such defense, and the MDOC 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 MDOC, which shall not be unreasonably withheld.

INDEPENDENT CONTRACTOR STATUS. Contractor 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

MDOC. Nothing contained herein shall be deemed or construed by the MDOC, 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 MDOC and

Contractor. Neither the method of computation of fees or other charges, nor any other provision contained herein, nor any acts of the MDOC or Contractor hereunder creates or shall be deemed to create a relationship other than the independent relationship of the MDOC and Contractor.

Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of the MDOC. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of the MDOC, and the MDOC shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees.

The MDOC 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 MDOC shall not provide to Contractor any insurance coverage or other benefits, including Workers’ Compensation, normally provided by the MDOC for its employees.

MODIFICATION OR NEGOTIATION REQUIRED BY CHANGE IN LAW. 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.

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.

NOTICES. All notices required or permitted to be given under this agreement shall be in writing and personally delivered or sent by certified United States mail, postage prepaid, return receipt requested, to the party to whom the notice should be given at the address set forth below. Notice shall be deemed given when actually received or when refused. The parties agree to promptly notify each other in writing of any change of address.

MISSISSIPPI DEPARTMENT CONTRACTOR:

OF CORRECTIONS:

Name & Title Name & Title

Department of Corrections Contact Information

301 N. Lamar Street

Jackson, Mississippi 39201

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 MDOC, agreed to by Contractor¸ and approved by the Public

Procurement Review Board, if required.

OWNERSHIP OF DOCUMENTS AND WORK PAPERS. MDOC 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 MDOC 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 and shall obtain written permission from MDOC to use such workpapers, subject to any copyright protections.

PAYMODE. Payments by MDOC using the state’s accounting system shall be made and remittance information provided electronically as directed by the state and deposited into the bank account of Contractor’s choice. The MDOC may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this

Agreement. Contractor understands and agrees that the Agency is exempt from the payment of

Mississippi taxes. All payments shall be in United States currency.

PRIORITY. The contract consists of this agreement, the RFQ, (RFx No. 3140004621), and the

Contractor’s bid submitted in response. Any ambiguities, conflicts, or questions of interpretation of this contract shall be resolved first by reference to this agreement and, if still unresolved, by reference to the RFQ and, if still unresolved, by reference to the bid. Omission of any term or obligation from this agreement shall not be deemed an omission from this contract if such term or obligation is provided for elsewhere in this contract.

PROCUREMENT REGULATIONS. This [solicitation, contract] shall be governed by the applicable provisions of the Public Procurement Review Board Office of Personal Service

Contract Review Rules and Regulations, a copy of which is available on the Mississippi

Department of Finance and Administration’s website (www.dfa.ms.gov). Any [bidder, offeror] responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

PROPERTY RIGHTS. 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 MDOC may terminate this contract at any time for its own convenience.

QUALITY CONTROL. Contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing supervision and conducting frequent inspections of Contractor’s staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the MDOC.

RECORDS RETENTION AND ACCESS TO RECORDS. Contractor shall maintain such financial records and other records as may be prescribed by the MDOC 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 MDOC 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 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 year period, the records shall be retained for one year after all issues arising out of the action are finally resolved or until the end of the three year period, whichever is later.

RECOVERY OF MONEY. Whenever, under the contract, any sum of money shall be recoverable from or payable by Contractor to the MDOC, the same amount may be deducted from any sum due to Contractor under the contract or under any other contract between Contractor and the MDOC. The rights of the MDOC are in addition and without prejudice to any other right the

MDOC may have to claim the amount of any loss or damage suffered by the MDOC on account of the acts or omissions of Contractor.

REPRESENTATION REGARDING GRATUITIES. [Offeror, Contractor] represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of

MDOC 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, Contractor] further represents that no employee or former employee of MDOC has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by [offeror, contractor]. [Offeror, 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

REQUIRED PUBLIC RECORDS AND TRANSPARENCY. Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code

Annotated § 25- 61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available for at the Agency for examination, inspection, or reproduction by the public. The

[bidder, offeror, applicant, contractor] acknowledges and agrees that the MDOC 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.

RIGHT TO AUDIT. Contractor shall maintain such financial records and other records as may be prescribed by the MDOC or by applicable federal and state laws and regulations. Contractor shall retain these records for a period of three years after final payment, or until they are audited by the MDOC, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three-year period for examination, transcription, and audit by the MDOC, the Mississippi State Auditor’s Office, and/or other entity of the state.

RIGHT TO INSPECT FACILITY. The MDOC may, at reasonable times, inspect the place of business of a Contractor or any subcontractor which is related to the performance of any contract awarded by the MDOC.

SEVERABILITY. If any part of this agreement is declared to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the agreement that can be given effect without the invalid or unenforceable provision, and to this end the provisions hereof are severable. In such event, the parties shall amend the agreement as necessary to reflect the original intent of the parties and to bring any invalid or unenforceable provisions in compliance with applicable law.

STOP WORK ORDER. The MDOC may, by written order to Contractor at any time, require

Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by the MDOC. 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 MDOC.

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

TERMINATION. Termination for Convenience. The MDOC may, when the interests of the

Agency so require, terminate this contract in whole or in part, for the convenience of the Agency.

The MDOC 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 MDOC 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 MDOC may terminate the contract for default and the Contractor will be liable for the additional cost to the MDOC to procure the personal and professional services from another source. Termination under this paragraph could result in Contractor being excluded from future contract awards pursuant to

Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review

Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

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.