IFB -6831 (2024-2).pdf

INVITATION FOR BIDS

IFB RFx Number: 3160006831

Orphaned Well Plugging Contractor to Assist the State Oil and Gas Board with the Plugging of Orphaned Wells Program

Issue Date: August 28, 2024

CLOSING TIME AND DATE

Bids must be received by:

2:30 PM CST, October 4, 2024

CLOSING LOCATION

Mississippi State Oil & Gas Board

500 Greymont Avenue, Suite E Jackson, Mississippi 39202

BID COORDINATOR

Dianne Rayfield, Deputy Administrator Telephone: (601) 576-4917

E-mail: drayfield@ogb.state.ms.us mailto:drayfield@ogb.state.ms.us

GENERAL INSTRUCTIONS

Section 1 – Background, Authority, and Purpose

Pursuant to MS Code Ann. §53-1-17, the Mississippi Oil and Gas Board (MSOGB) has jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this chapter and all other laws relating to the conservation of oil and gas. Part of the MSOGB’s authority with respect to the conservation laws of the State of Mississippi extends to ensuring the proper plugging of orphaned and abandoned oil and gas wells. An orphaned well is any oil or gas well, including Class II wells, that has not been properly plugged according to the requirements of the statutes, rules and regulations governing same and for which a responsible party such as an owner or operator cannot be located or for which, for whatever reason, there is no other party that can be forced to plug the well. The MSOGB is provided with the authority to require that the plugging of wells be done in such a manner as to prevent the escape of oil or gas out of one stratum to another, and to prevent the intrusion of water into an oil or gas stratum from a separate stratum. The MSOGB is tasked with preventing the pollution of freshwater supplies by oil, gas or saltwater and is further provided with the authority to prevent waste as so defined.

The MSOGB is seeking to retain, on a contract basis, an Orphaned Well Plugging

Contractor (referred to herein as “Contractor”) who will plug, remediate, restore and reclaim orphaned oil and gas wells and well sites located throughout the State of Mississippi. The orphaned wells and associated well sites to be plugged or otherwise restored pursuant to this IFB are detailed on Exhibit “A” attached hereto. Details pertaining to the proposed Scope of Work pertaining to RFx IFB No. 3160006831are included below and Specifications for Contract Plugging of Orphaned Wells are attached hereto as Exhibit “B”. The Contractor should have a knowledge and familiarity with the conservation laws of the State of Mississippi. A qualified Contractor should possess expertise in providing the required services. Said Contractor must be able to work alongside the MSOGB and its other contractors. Furthermore, the Contractor should be qualified to do business in the State of Mississippi.

A Bid Cover Sheet (Attachment “A”) and Bid Form (Attachment “B”) are also enclosed.

All bids should be accompanied by the proposed plugging and/or remediation procedures for each well and/or well site. MSOGB records may or may not reflect the present condition of the wells. Although every effort was made to include a copy of all useful well data, a copy of the well file for each well can be obtained at the MSOGB office in Jackson, Mississippi upon request at the normal fee for reproduction. Reference to IFB RFx No. 3160006831 will help expedite any such request.

Section 2 – Timeline

Invitation for Bid Issue Date: Wednesday, August 28, 2024

Questions and Requests for Clarification to MSOGB Deadline: September 20, 2024, 4:00

PM CST

Optional Pre-Bid Tour or Site Visit Deadline: September 20, 2024 4:00 PM CST

Anticipated Posting of Written Answers to Questions: September 27, 2024 4:00 PM CST

Anticipated Posting of Summary of the Optional Pre-Bid Tour or Site Visit: September 27, 2024 4:00 PM CST

Bid Package Submission Deadline: October 4, 2024, 2:30 PM CST

Bid Opening: October 4, 2024, 2:30 PM CST

Anticipated Date of the Notice of Intent to Award: October 11, 2024, 1:00 PM CST

Anticipated Post-Award Debriefing Request Due Date: October 15, 2024, 4:00 PM CST

Anticipated Post-Award Debriefing Held By Date: October 17, 2024, 4:00 PM CST

Anticipated Protest Deadline Date: October 18, 2024, 4:00 PM CST

Section 3 – Contact and Questions/Requests for Clarification

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

To accommodate the questions and requests for clarifications, bidders 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:

Dianne Rayfield, Deputy Administrator Telephone: (601) 576-4917 E-mail: drayfield@ogb.state.ms.us

3.2 Bidders should enter “IFB RFx Number No. 3160006831 - Questions” as the subject for the email. Question submittals should include a reference to the applicable IFB section and be submitted in the format shown below:

IFB Section, Page Number Bidder Question/Request for Clarification

1.

3.3 Official responses will be provided only for questions submitted as described above and only 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.

mailto:drayfield@ogb.state.ms.us

3.4 The MSOGB will not be bound by any verbal or written information that is not contained within this IFB unless formally noticed and issued by the MSOGB as an IFB amendment. Bidders are cautioned that any statements made by agency personnel that materially change any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

3.5 All bidder communications regarding this IFB must be directed to the designated MSOGB representative or his/her designee. Unauthorized contact regarding the IFB with other employees of the MSOGB may result in the bidder being disqualified, and the bidder may also be suspended or disbarred from the State.

3.6 Information needed pertaining to the Scope of Work provided below or the projects to be addressed pursuant to IFB RFx No. 3160006831 should be directed to Morris Welch, Compliance Inspector Team Lead, at (601) 576-4925 (office) or (601) 543-5176 (cell), or via email at mwelch@ogb.state.ms.us.

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 at the place specified for receipt of bids. It is the bidder’s sole responsibility to monitor the websites for any updates or amendments to the IFB.

3.8 Bidder must provide a signed Acknowledgements of IFB Amendment(s), Questions and

Answer document(s), and/or Summary of Pre-Bid Conference, Tour, or Site Visit, if any were issued/posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the agency's website.

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

Section 4 – Scope of Work (See also Exhibit “B” attached hereto)

4.1 In addition to those requirements and responsibilities set out on Exhibit “B” attached hereto, Contractor shall provide services, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

4.1.1 Plug, remediate, restore and reclaim orphaned oil or gas wells located within the State of Mississippi in accordance with the rules and regulations of the MSOGB and mailto:mwelch@ogb.state.ms.us the Specifications for Contract Plugging of Orphan Wells attached hereto as Exhibit “B”.

4.1.2 Contractor will furnish all labor, equipment, materials, transportation, communication, scaffolding, hoisting, supervision, coordination, permits, sales taxes, shop drawings, and samples necessary to timely complete in a workmanlike manner the work more particularly described on the specifications for the plugging of the referenced wells, a copy of which is attached hereto as Exhibit “B” and incorporated fully herein and made a part hereof by reference for all purposes.

4.1.3 Issue notice to a landowner within fifteen (15) days prior to entry upon land for operations related to the Orphan Well Program.

4.1.4 Contractor will coordinate with any engineer, methane monitoring company or other MSOGB contractors as specified by the MSOGB to ensure proper sequencing of Work.

4.1.5 Contractor will assess and report to MSOGB any environmental hazards and/or contamination within twenty-four (24) hours of identification of same.

4.1.6 Contractor will support and assist the MSOGB in the fulfillment of any and all Federal requirements, including but not limited to reporting, documenting, outreach, DBE participation and/or accounting needs.

4.2 The Contractor acknowledges the following:

4.2.1 All work completed pursuant to this IFB must be completed in accordance with the Orphan Well Program and the State Grant Program provided for thereunder. It is the Contractor’s responsibility to be familiar with the terms and provisions of the Orphan Well Program, to include all parts and subparts and other related laws and acts pertinent thereto.

4.2.2 Assign a Contractor Account Representative to work directly with the MSOGB.

4.2.3 All state facilities are non-smoking; the Contractor and its personnel must adhere to this requirement. The use of tobacco products on or within state property or facilities is prohibited.

4.2.4 It is illegal to have in one’s possession any illegal drug or alcoholic beverage while on state property.

4.2.5 The Contractor’s employees should refrain from using foul, abusive, or profane language on state property.

4.2.6 Contractors are required to sign-in and sign-out at most state facilities. Security provisions for all state facilities must be strictly observed.

4.2.7 Exercise precautions at all times for the protection of persons (including employees) and property. The Contractor shall make such investigations to enable them to fully understand the facilities, difficulties, and restrictions attending the execution of the work on-site. The project shall at all times 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 be maintained in safe operating condition at all times, 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 agency property or personnel shall be reported to the designated agency contact immediately upon occurrence.

4.2.8 Abide by all State and/or agency policies, procedures, ordinances, and/or laws pertaining to the MSOGB’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.

Perform all services provided in the contract between the Contractor and the MSOGB in accordance with customary and reasonable industry standards as well as in strict conformance to all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agents. The Contractor shall be responsible for the complete performance of all work; for the methods, means, and equipment used; and for furnishing all materials, tools, apparatus, and property of every description used in connection therewith. No statement within this IFB shall negate compliance with any applicable governing regulation. The absence of detail specifications or the omission of detail description shall be recognized as meaning that only the best commercial practices are to prevail and that only first quality materials and workmanship are to be used.

4.2.9 As the orphaned well plugging expert assigned to the project, Contractor shall perform plugging services in accordance with customary and reasonable industry standards applicable to an expert of like experience. The Contractor shall be responsible for plugging and abandonment; for the methods, means, and equipment used; and for furnishing all materials, tools, apparatus, and property of every description used in connection therewith. No statement within this IFB shall negate compliance with any applicable governing regulation. The absence of detail specifications or the omission of detail description shall be recognized as meaning that only expert practices are to prevail and that only first quality materials and workmanship are to be used.

4.2.10 Perform any and all reporting, data collection, accounting, audit, and/or documentation in a form and format acceptable to MSOGB which MSOGB shall require in the furtherance of the project and/or in compliance with any and all State and/or Federal requirements.

4.3 Contractors shall also:

4.3.1 Administer and maintain all employment and certified 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;

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

4.3.3 Perform a background check and/or drug screening prior to placement if requested by the MSOGB and verify and/or provide the results; and,

4.3.4 Replace immediately, at no additional expense to the MSOGB, any employee not performing satisfactorily.

Section 5 - Basis for Award

5.1 All bids will be reviewed first to determine whether a bidder is responsive, responsible, and/or acceptable. Requirements 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 MSOGB’s designated representative may allow the bidder to correct the problem prior to review as long as the irregularities are insignificant mistakes that can be waived or corrected without prejudice to other bidders.

5.2 The MSOGB has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a bidder 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 on 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 The MSOGB intends to award one (1) contract to provide the services described in this IFB.

5.5 The MSOGB shall determine the best acceptable bid based on the lowest cost evaluation, best value, qualifications, methodology, maximum capacity, and/or past experience of the Contractor.

Section 6 – Minimum Bidder Qualifications

The vendor must have:

6.1 Prior Experience: Contractor must be qualified to do business in the State of Mississippi.

Prior experience working with a state agency is preferred. Contractor must have experience in emergency response and management, environmental response and management, risk assessment and safety, among other responsibilities, with an emphasis on those matters as they pertain to the plugging of orphaned wells and remediation of the sites on which those wells exist. Contractor must have been in business and provided services similar in requirements and scale to those described in this IFB for a minimum of five (5) years.

6.2 Required Certification, Accreditation, and/or Licenses: Contractor shall provide notarized copies of all valid licenses and certificates required for performance of the work. The notarized copies shall be delivered to the agency no later than ten days after Contractor receives the Notice of Intent to Award from the agency. Current notarized copies of licenses and certificates shall be provided to the agency within twenty-four hours (24) of demand at any time during the contract term. Contractor must possess and maintain the minimum vendor certifications, accreditations, and/or licensures described in this IFB, by way of illustration and not limitation, the following:

1. A business license valid in the State of Mississippi.

The Contractor, either directly or through their subcontractors, must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Contractor shall remain responsible for contract performance regardless of subcontractor participation in the work.

6.3 Budget: Bidder’s estimated proposed budget for the completion of the services contemplated pursuant to this IFB should provide a plugging and remediation estimate for each well or well site listed on Exhibit “A” attached hereto.

6.4 The bidder may be required before the award of any contract to show to the complete satisfaction of the MSOGB that it has the necessary facilities, ability, and financial resources to provide the services specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the MSOGB in regard to the bidder’s qualifications. The MSOGB 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 MSOGB all information for this purpose that may be requested. The MSOGB reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the MSOGB that the bidder is properly qualified to carry out the obligations of the contract 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 services required;

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

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

and,

4. the quality of performance of previous contracts or services.

Section 7 – Duration

The estimated period of performance of any contract resulting from this IFB is tentatively scheduled to begin on or about December 4, 2024 and to end one (1) year from the date of execution of the Contract.

Section 8 – Bid Submission Requirements

8.1 Submission Format

8.1.1 Bid Cover Sheet (Attachment A)

8.1.2 Bid Form (Attachment B) - all pricing must be submitted on the bid form. Failure to complete and/or sign the bid form may result in bidder being determined nonresponsive.

8.1.3 References (Attachment C) - each bidder must furnish a listing of at least three (3) trade references along with the contact person, address, and phone number for each. These references must be familiar with the bidder’s abilities in the areas involved with this solicitation. MSOGB staff will use these references to determine the bidder’s ability to perform the services. It is the responsibility of the bidder to ensure that the reference contact information is correct and current. MSOGB staff will not track down references. Bidders should verify before submitting their bid that the contact person and phone number are correct for each reference.

MSOGB staff must be able to reach two (2) references for a bidder within two (2) business days of bid opening to be considered responsive. Further, the bidder must score a minimum of six (6) points on each Reference Score Sheet which will be used by the MSOGB staff when interviewing the two (2) references (for a total minimum scoring requirement of twelve (12) points) to be considered responsive and/or responsible. Only bidders who are found responsive and/or responsible will have their bids considered. Bidder may submit as many references as desired.

MSOGB staff will begin contacting references at the top of the list and will continue down the list until they have completed Reference Score Sheets for two

(2) references. After two (2) score sheets are completed, the reference check process will end.

8.2 Submission Requirements

8.2.1 The signed original bid package, and one (1) copy of the signed original bid package, and one (1) electronic copy (on CD, DVD or flash drive) of the bid package, should be submitted in a sealed envelope or package to 500 Greymont Avenue, Suite E, Jackson, Mississippi 39202 no later than the time and date specified for receipt of bids set out above. The electronic files shall not be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. (Also see, 8.2.2 and 8.2.3)

8.2.2 The sealed envelope or package shall be marked with the bid opening date and time (October 4, 2024; 2:30 PM CST) and the number of the invitation for bids (IFB RFx No. 3160006831). Bids are subject to rejection unless submitted with the information included on the outside of the sealed bid envelope or package.

8.2.3 Sealed bids should be mailed or hand-delivered to and labeled as follows:

IFB for Orphaned Well Plugging Contractor IFB RFx No. 3160006831 Opening Date: 2:30 PM CST, October 4, 2024.

Mississippi State Oil and Gas Board Attention: Dianne Rayfield, Deputy Administrator 500 Greymont Avenue, Suite E

SEALED BID – DO NOT OPEN

8.2.4 All bid packages must be received by the agency no later than 2:30 PM CST, October 4, 2024. Bids submitted via facsimile (fax) machine will not be accepted.

It is suggested that if a bid is mailed to the agency, it should be posted in certified mail with a return receipt requested. The MSOGB will not be responsible for mail delays or lost mail. All risk of late arrival due to 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.

8.2.5 Timely submission of the bid package is the responsibility of the bidder. Bids received after the specified time will be rejected and maintained unopened in the procurement file. A bid received at the place designated in the solicitation for receipt of bids 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.

8.2.6 The time and date of receipt will be indicated on the sealed bid envelope or package by MSOGB 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.

8.2.7 Each page of the bid form and all attachments shall be identified with the name of the bidder.

8.2.8 Failure to submit a bid on the bid form provided will be considered cause for rejection of the bid. Modifications or additions to any portion of the bid document may be cause for rejection of the bid. The MSOGB reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive.

8.2.9 Bidders taking exception to any part or section of the solicitation shall indicate such exceptions on the IFB Exception(s) form, Attachment G. Failure to indicate any exception will be interpreted as the bidder’s intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. The bid must contain a high degree of acceptance of contract terms and conditions listed in Attachment E and F of this IFB.

8.2.10 A bid response that includes terms and conditions that do not conform to the terms and conditions in the bid document is subject to rejection as non-responsive. The MSOGB 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.

8.2.11 As a precondition to bid acceptance, the MSOGB 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.

8.2.12 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 as a result of the submission.

Section 10 – Debarment

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi.

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 (7) business days of being notified by the agency that it has been selected for contract award.

Section 12 – Bid Opening

Bid opening will be open to the public; however, this 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 13 – 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.ogb.state.ms.us.

Bidders will be notified via e-mail of the awards. Additionally, a letter will be sent to all bidders.

http://www.ogb.state.ms.us/

Section 14 – Procurement Methodology

14.1 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.

14.2 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 as a result 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.

14.3 Expenses Incurred in Preparing Bid

The MSOGB 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.

14.4 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, for the purpose of restricting competition, 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 prices bid. The prices quoted shall be inclusive of, but not limited to the following: 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; and, any and all other costs. All pricing should include all associated costs with no additional or hidden fees.

14.5 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 form that is not complete and/or signed is subject to rejection as non-responsive. The MSOGB 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 in excess of a twenty-five percent (25%) differential, the bidder’s price will be deemed non-responsive.

14.6 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 MSOGB 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 MSOGB. 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.

14.7 Post-Award Bidder Debriefing

A bidder, successful or unsuccessful, may request a post-award bidder debriefing, in writing, by U.S. mail or electronic submission. The written request must be received by Dianne Rayfield, Deputy Administrator, within three (3) business days of notification of the contract award. A post-award bidder 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 prefers to have legal representation present, the bidder must notify Dianne Rayfield, Deputy Administrator, in writing and identify its attorney by name, address, and telephone number. The agency will schedule and/or suspend and reschedule the meeting at a time when a representative of the Office of the Mississippi Attorney General can be present.

For additional information regarding post-award bidder debriefing, as well as the information that may be provided and excluded, please see Section 7-113 through 7-113.07 of the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB.

14.8 Protests

Any actual or prospective bidder who is aggrieved in connection with this solicitation or the outcome of this IFB may file a protest with the Dianne Rayfield, Deputy Administrator. The protest shall be submitted within seven (7) calendar days of notification of the contract award or on or before 4:00 PM CST, October 18, 2024, in writing after such aggrieved person or entity knows or should have known of the facts giving rise thereto. The written protest letter shall contain an explanation of the specific basis for the protest. All protests must be in writing, dated, signed by the bidder or an individual authorized to sign contracts on behalf of the protesting bidder, and contain a statement of the reason(s) for protest, citing the law(s), rule(s) and regulation(s) or procedure(s) on which the protest is based. The protesting bidder must provide facts and evidence to support the protest. A protest is considered filed when received by the Dianne Rayfield, Deputy Administrator, via either U.S.

mail, postage prepaid, or by personal delivery. Protests filed after 4:00 PM CST, October 18, 2024, will not be considered.

Section 15 – Required Contract Terms and Conditions

Any contract entered into with the MSOGB pursuant to this IFB shall have the required clauses found in Attachment E and those required by the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB. The agency discourages exceptions from these required clauses.

Such exceptions may cause a bid to be rejected as non-responsive. Bids which condition the bid based upon the State accepting other terms and conditions not found in the IFB, or which take exception to the State’s terms and conditions, may be found non-responsive, and no further consideration of the bid will be given.

Section 16 – Optional Contract Terms and Conditions

Any contract entered into with the MSOGB pursuant this IFB may include, at the discretion of the MSOGB, the optional clauses found in Attachment F and those within the PPRB OPSCR Rules and Regulations as updated and replaced by PPRB. The MSOGB discourages exceptions from these optional clauses. Such exceptions may cause a bid to be rejected as non-responsive. Bids which condition the bid based upon the State accepting other terms and conditions not found in the IFB, or which take exception to the State’s terms and conditions, may be found non-responsive, and no further consideration of the bid will be given.

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.ogb.state.ms.us and on the Mississippi Contract/Procurement Opportunity Search Portal website.

Section 18 – Exhibits/Attachments

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

http://www.ogb.state.ms.us/

EXHIBIT “A”

ORPHAN WELL PROJECT SITES

Amite County, MS

Lyons et al No. 2-25 Well (API # 23-005-20524) Section 25, Township 2 North, Range 2 East

Monroe County, MS

Neal No. 1 Well (API # 23-095-00069)

Section 21, Township 15 South, Range 6 East

Wayne County, MS

Unit 27-8 No. 1 Well (API # 23-153-20014) Section 27, Township 10 North, Range 6 East

EXHIBIT “B”

IFB for the Plugging of Orphaned Oil and Gas Wells IFB RFx Number 3160006831

Specifications for Contract Plugging of Orphaned Wells

1. These specifications are for the plugging of orphaned wells within the State of

Mississippi. These wells must be plugged in accordance with the Statewide Rules and Regulations of the Mississippi Oil and Gas Board (“MSOGB”).

2. Upon being awarded a contract, Contractor shall provide the MSOGB with a performance bond executed by a surety company authorized to do business in the State of Mississippi or a letter of credit in a form suitable to the MSOGB in a sum of not less than the full contract price of the awarded contract, conditioned upon the faithful and prompt performance and completion of the work specified in the contract.

3. Contractor must submit to MSOGB a written schedule detailing the estimated time of completion of the plugging projects contemplated by IFB RFx No. 3160006831. Said written schedule must include estimated start and completion dates for the project.

4. Contractor must submit to the MSOGB an individual plugging plan, including a written plugging procedure, for each well listed on Exhibit “A” along with the Contractor’s bid amount for each well and a total amount for all of the work to be performed pursuant to IFB RFx No. 3160006831.

5. Contractor’s plugging plan for each well must be approved by the MSOGB before any works begins pursuant to IFB RFx No. 3160006831. Contractor must comply with all applicable Federal and State statutes, rules and regulations, including those regarding the filing of forms.

6. Contractor will begin the work of plugging the wells within thirty (30) days of being notified by the MSOGB to proceed. All work must be completed within one (1) year from the date of execution of the contract executed pursuant to IFB RFx No.

3160006831.

7. Contractor acknowledges that all pipe and cementing work will be done during a five (5) day work week with a representative of the MSOGB on location to witness said work.

Contractor acknowledges that the MSOGB must approve any changes in the approved plugging plan necessitated by unexpected well problems. The Contractor shall notify the MSOGB’s designated representative at least forty-eight (48) hours prior to beginning any pipe or cementing work so that witnessing arrangements can be made.

8. Contractor will be responsible for gaining and preparing access to the well site as may be required and the cost of gaining and preparing such access shall be included in any bid.

9. Bid specifications require an absolute turnkey bid. It is the Bidder’s responsibility to schedule a Pre-Bid Tour or Site Visit prior to the date set forth in Section 2 above. A change order may be allowed with respect to technical procedures or unforeseen and significant downhole problems involving the plugging of an orphaned well; however, said change order must be agreed upon in writing in advance of the commencement of Work.

10. Bid Specifications now contain the requirement that the Contractor remove and dispose of all liquids contained in the production vessels and equipment associated with each well that is being plugged. Pumping these fluids back into the well prior to plugging is an acceptable option, so long as said fluids are pumped into the same formation from which they were generated. Alternatively, these fluids may be mixed with mud and placed in between the cement plugs below the base of the USDW, so long as the well has demonstrated mechanical integrity. This alternative option only applies to oil and gas wells.

11. On all wells being plugged, when tubing is to be pulled from the well, all proper and necessary precautions shall be taken for keeping the well under control including the use of blowout preventers (BOPs) and auxiliary equipment. Testing of BOPs will be done according to Testing Requirements of MSOGB Rule 13 (Blowout Preventers and Well Control). It is the responsibility of the Contractor to maintain control of the well at all times.

12. Plugging specifications for a production well now require a 100 foot cement plug at the base of the USDW, inside the casing only, and verification of the plug by tagging. A 200 foot plug may be set in lieu of tagging. However, all plugging operations will be in strict compliance with the all applicable local, State, and/or Federal regulations governing same.

13. With respect to plugging an orphan well where it is reasonably expected that Hydrogen

Sulfide (H2S) may be encountered, plugging operations shall be completed in accordance with MSOGB Rule 66 (Operations Involving Hydrogen Sulfide). If H2S is reasonably expected to be encountered with respect to a particular plugging operation, the Contractor shall be required to engage a well-qualified company or individual specializing in H2S plugging operations where H2S concentrations are at or above 100 ppm.

14. Statewide Rule 28 requires the removal of concrete bases, unless the landowner agrees in writing to allow the concrete bases to remain on the property as is. Contractor shall provide a copy of said written agreement to the MSOGB.

15. The requirements for plugging are as follows:

For a Saltwater Disposal Well

Cement shall be squeezed or emplaced by bullhead method in all open perforations with a 100 foot excess above the perforations inside the casing. A volume of cement equal to 100 annular feet shall be squeezed or emplaced by bullhead method outside the casing beginning approximately 50 feet below the base of the (USDW) (as defined in Statewide Rule 63) with a 100 foot excess above the perforation inside the casing. A 25-foot cement plug shall be placed in all casing annuluses at the surface. All plug depths shall be verified by tagging and the casing above the USDW must be pressure tested to 500 psi. If casing is pulled, an additional cement plug of 100 feet shall be placed across the cut-off stub and 50 feet into surface casing. All casing and pipe must be cut off at least 3 feet below ground level and a steel plate must be welded on top of the cut casing.

For a Production Well

A 100 foot cement plug (or a cast iron bridge plug with at least 10 feet of cement placed on top) shall be placed within 90% of the top open perforation and a 100 foot cement plug shall be placed inside the casing beginning approximately 50 feet below the base of the USDW, with each cement plug verified by tagging. A 25 foot cement plug shall be placed at the surface (including casing annulus if applicable). If casing is pulled, an additional 100 foot cement plug shall be placed across the cut-off stub and 50 feet into surface casing, with its presence verified by tagging. Two hundred foot (200’) cement plugs may be set in lieu of tagging. All casings must be cut off at least three (3) feet below ground level and a steel plate must be welded on top of the cut casing.

For a Dry Hole

If no production casing was run: A 100 foot cement plug shall be placed across the base of the surface casing with its presence verified by tagging. If the base of the USDW is above the surface casing shoe, a 100 foot cement plug shall be placed inside the casing beginning approximately 50 feet below the base of the USDW with its presence verified by tagging. A 25 foot cement plug shall be placed at the surface. Two hundred foot (200’) cement plugs may be set in lieu of tagging. All casings must be cut off at least three (3) feet below ground level and a steel plate must be welded on top of the cut casing.

If production casing was run: A 100 foot cement plug (or a cast iron bridge plug with 50 feet of cement placed on top) shall be placed near the shallowest open perforations. A 100 foot cement plug shall be placed inside the casing beginning approximately 50 feet below the base of the USDW with its presence verified by tagging. A 25 foot cement plug shall be placed at the surface (including casing annulus if applicable). All casings must be cut off at least three (3) feet below ground level and a steel plate must be welded on top of the cur casing. If casing is pulled, an additional cement plug of at least 100 feet shall be placed across the cut-off stub and 50 feet into surface casing. Two hundred foot (200’) cement plugs may be set in lieu of tagging.

16. If a verifiable cement plug is encountered prior to reaching target depth, Contractor will be allowed to plug the well from that depth. Contractor must notify the designated MSOGB representative of the encountered cement plug, once verified.

17. All Location Restorations

Contractor shall remove and dispose of all liquids from vessels (stock tanks, separators, heater treaters, etc.) associated with the well. Contractor shall restore the location by filling and leveling the hole dug to cut casings, removing all equipment from the well site that was associated with the well operation (per MSOGB Rule 28), and leveling/smoothing all containment berms and firewalls.

18. In providing detail pertaining to the individual plugging plan for each well, Contractor’s bid should include, but is not limited to, the following: Preparing the location, moving in the rig and auxiliary equipment, rigging up and setting equipment, nippling up onto the well, services and equipment required to accomplish all work set out in the plugging procedure (such as rig and crew costs, cementing and bridge plug costs, pressure testing, plug tagging, perforating, cutting casing below plow depth, welding steel cap on well), rigging down and moving out, and restoring the location.

All work will be bid on a turnkey basis. Contractor will furnish the rig with the necessary mud tanks, cement mixer, pumps, tools, workstring, water and cement with a minimum of a four (4) man crew to pull tubing and packer, perforate, shoot or part casing, place cement plugs, pressure test, tag plugs, cap well and restore the location. The cost of any equipment and services necessitated by variances from the approved plugging procedures due to unanticipated downhole problems will be the responsibility of the Contractor.

19. Sanitary Conditions: It shall be the sole responsibility and expense of the Contractor to provide all necessary sanitary facilities.

20. Mobilization and Demobilization: All costs connected with the mobilization and demobilization of equipment required to complete each approved plugging procedure shall be borne by the Contractor.

21. Transportation: The Contractor shall be responsible for all transportation including loading and unloading of all equipment, supplies, materials, tools, and incidental items required to complete each approved plugging procedure.

22. Salvage: The Contractor shall be responsible for removing all pipe, cement slabs, equipment and vessels located on the well site.

23. Weather Conditions: The Contractor shall be responsible for monitoring conditions and taking all necessary precautions to prevent loss of life and property from any and all adverse weather conditions.

24. Time of performance: Contractor shall commence the work detailed in IFB RFx No.

3160006831 within thirty (30) days of being notified to proceed by the MSOGB. Each well plugging operation will continue uninterrupted, on a five-day workweek schedule, until the work is completed, unless written exception is granted by the MSOGB. Time is of the essence for the completion of the work required to be performed pursuant to this IFB and any contracts executed pertaining hereto.

25. Liabilities: Except as otherwise provided by law, the MSOGB will not be responsible for the loss of, or damage to Contractor's equipment, or the death of, or injury to the Contractor's personnel, or for death of, or injury to persons, or for damages to property resulting from Contractor's operations under this contract.

26. Bid Notice: Any specifications or requirements contained in the Bid Notice are made a part of these specifications.

27. Basis of Award: Bidders must bid by itemizing each well individually for all the wells with the total of the individual well bids being the total package bid. Bidders must bid on all of the wells in a package. The MSOGB reserves the right to reject any and all bids, and to waive any informality. The MSOGB shall determine the best acceptable bid based on the lowest cost evaluation, best value, qualifications, methodology, maximum capacity, past experience of the Contractor, and proposed plugging procedures, in addition to the technical specifications submitted along with the Contractor’s bid proposal.

28. Wells Determined To Be Non-existent: If during the course of initiating the work to plug a well included on Exhibit “A” it is discovered that what was thought to be the well was in fact not a well, the MSOGB reserves the right to substitute another orphaned well with similar characteristics and mechanical configuration, or to remove the well from the contract and reduce the contract amount by the amount of the bid price for said well.