INVITATION FOR BID - STRIPING & PROTECTION - NEW ABC WAREHOUSE.pdf

INVITATION FOR BID

IFB Number: 3160008281

To Provide: Striping and Protection Equipment and Labor

Issue Date: 09/25/2026

Closing Location

Mississippi Department of Revenue 500 Clinton Center Drive

Clinton, MS 39056

BID Coordinator Nyla Kendrick, Procurement Officer

Telephone: (601) 923-7055 E-Mail: nyla.kendrick@dor.ms.gov

Closing Date and Time:

Bids must be received by October 21, 2026, 12:00 p.m. (CST)

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Table of Content

1.0 Purpose

2.0 Procurement Timeline

3.0 General Terms of Contract

4.0 Minimum Bidder Qualifications to be Deemed Responsible

5.0 Scope of Services

5.1 Vendor Responsibilities

6.0 Basis for Award

7.0 Bid Submission Requirements

7.1 Submission Format

7.2 Submission Requirements

8.0 Debarment

9.0 Registration with Mississippi Secretary of State

10.0 Procurement Methodology

10.1 Restrictions on Communications with MDOR Staff

10.2 Cost of Preparing Bid

10.3 Independent Price Determination

10.4 Rejection of Bids

10.5 Procedure for Answering Questions

10.6 Amendments to the Invitation for Bid

10.7 Withdrawal of Bid

10.8 Post Award Debriefing

10.9 Protest of Award

10.10 Exceptions and Deviations

10.11 Conflict of Interest

11.0 Bid Opening

12.0 Office Closure Statement

13.0 Award Notification

Appendix A Terms and Conditions

Appendix B Bid Package

Attachment A Bid Cover Sheet

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Attachment B Certification

Attachment C Bid Form

Attachment D References

Attachment E Procurement Reference Score Sheet………………………………...36

Attachment F Acknowledgement of Amendments .............................................. …37

Attachment G Secretary of State Acknowledgement

Attachment H Conflict of Interest Disclosure Statement…………………………...39

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MISSISSIPPI DEPARTMENT OF REVENUE

INVITATION FOR BID

Striping and Protection Equipment and Labor

1.0 Purpose

The Alcoholic Beverage Control Distribution Center of the Mississippi Department of Revenue (referred to as “ABC” or “Department” or “DOR”) is seeking to obtain striping and protection services to provide protection to the building, equipment, and personnel working within the new warehouse located at 183 Watford Parkway Drive, Canton, Mississippi. It is the responsibility of the prospective bidder to review all information contained within this Invitation for Bid.

We are tasked with promptly and efficiently providing services to the taxpayers of this state. DOR is now soliciting bids from qualified vendors to provide this service. All bids submitted in response to this solicitation must conform to the requirements and specifications outlined within this document and any applicable amendments.

2.0 Procurement Timeline

It is our intent to follow the schedule below in the execution of this invitation for bid;

however, DOR reserves the right to amend and/or change the below schedule of events, as it deems necessary.

A. Invitation for Bid Issue Date: 09/25/2026; 9:00 am CST

B. First Publication: 09/25/2026

C. Second Publication: 10/02/2026

D. Deadline for Submission of Questions: 10/09/2026; 5:00 pm CST

E. Last Day Answers Posted to Website: 10/14/2026; 12:00 pm CST

F. Bid Packet Submission Deadline: 10/21/2026; 12:00 pm CST

G. Bid Opening: 10/21/2026; 2:00 pm CST

H. Award Notification: 10/27/2026

I. Debriefing Request Date: 10/30/2026

J. Protest Deadline: 11/04/2026; 10:00 am CST

K. Anticipated Start Date: 12/04/2026

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3.0 General Terms of Contract

The term of the contract shall be for two (2) months and will commence on December 4, 2026, and end on February 4, 2027.

4.0 Minimum Bidder Qualifications to be Deemed Responsible

4.1 Each bidder must have been in business a minimum of five (5) years prior to submission of its quote and have experience providing warehouse, industrial, commercial, or similar striping and facility protection services.

4.2 Each bidder must provide qualified and properly trained personnel capable of performing the required striping, installation, preparation, and protection work in a safe and professional manner.

4.3 Each bidder must have, or have access to all equipment, tools, and materials necessary to complete the work, including appropriate striping equipment and equipment necessary for installation of protective barriers, bollards, guard rails, and other specified protection devices.

4.4 The bidder must have the ability, capacity, skill and financial resources to perform the work or provide the service within the required timeframe.

4.5 These minimum qualifications are in addition to a minimum score of six (6) on the Reference Score Sheet (Attachment E) from reference interviews by MDOR with two bidder references (for a total minimum score of twelve (12), as well as other requirements of this IFB.

4.6 Mandatory Site Visit Requirement – All prospective bidders are required to attend the scheduled site visit on October 7, 2026, at 2:00 p.m. Attendance is mandatory and shall be considered a prerequisite for submitting a bid. All questions regarding the site visit shall be directed to Chip Jones at (601) 856-1326.

5.0 Scope of Services – *All vendors must bid on the entire scope of the project*

5.1 Vendor Responsibilities

If awarded the contract, the vendor will be required to abide by the following requirements, obligations and responsibilities:

(1) Warehouse Epoxy Line Striping Requirements:

• Must resist forklift traffic, chemical spills, and heavy scrubbing

• Concrete surface must be prepped to a Concrete Surface Profile of

(2) to (3) to ensure proper mechanical bond and prevent peeling

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• Bright Yellow (High Visibility) – must comply with OSHA 29 CFR 1910.22, OSAH 29 CFR 1910.144, and ANSI Z535. 1 standards.

• Base Coat: 100% Solids, Two-Part Epoxy (Yellow)

• Topcoat: Clear, Chemical- Resistant Aliphatic Polyurethane

• Lines must be crisp and straight

• Manufacturer’s full-cure window (presented in hours) must be provided.

1. Walkways:

Total Area: 13,250 square feet Painted Area: +/-13,250 linear feet (4” Width)

• Perimeter and 45-degree diagonals

• Crosswalks and signage at the intersections

*All photographs and renderings provided herein are for illustrative purposes only and do not depict the actual warehouse or site*

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2. Floor Locations (Pallet Footprint):

Total Area: 27,900 square feet Painted Area: +/-9,500 linear feet (4” Width) Numbering: 583 Locations (6” Tall Lettering)

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3. Receiving Lanes:

Total Area: 5,373 square feet Painted Area: 1,120 linear feet (4” Width) Numbering: 28 Locations (12” Tall Lettering)

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4. Lift Equipment Parking:

Painted Area: 620 linear feet (4” Width) Numbering: 40 Locations (12” Tall Lettering)

(Additional Lift Equipment Parking Requirements:)

• To prep, existing epoxy floor must be washed thoroughly with a cleaner/degreaser to remove dirt, tire plasticizers, and oils.

• Areas where striping will be located must be lightly sanded/screened with (60) to (80) grit sandpaper or a pole sander to eliminate shiny finish. Acid etching must be avoided.

• Prior to install, vacuum the area completely, then wipe down work area with a fast-evaporating solvent to ensure a dry and dust-free surface.

• Lines must be masked using high-quality floor tape, with tape edges firmly adhered (to prevent bleeding).

• Use instructions provided for number of coats and type of paint to be used.

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(2) Warehouse Guard Rails:

• Powder-coated OSHA Yellow

• Concrete and rail mounting hardware included

• Bolt-On 3-Rib (11-guage steel) Guard Rails (14-16” High)

• Single Rail Posts – 4” Square, ¼” thick steel (18-20” Height)

1. Guard Rails:

10 ft = 105 Qty 9 ft = 79 Qty 8 ft = 36 Qty 7 ft = 19 Qty 6 ft = 10 Qty 5 ft = 3 Qty 4 ft = 2 Qty

2. Guard Rail Posts:

18-20” Height = 470 Qty

(3) Warehouse Bollards:

• Concrete mounting hardware included

• Minimum 9-gauge steel construction

1. 6” Round Bollards

46-50” Height = 7 Qty

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(4) End of Row Rack Protectors:

• Concrete mounting hardware included

• Heavy-duty (3/8” Thick Steel Minimum)

1. 48” Length End of Row Rack Guards Qty = 11

(5) Column Protectors:

• Heavy-duty polyethylene construction

• Must provide all fastening equipment for installation

• 42” H Yellow

• 24” H Red Mini

• 42” Custom (I-Beam)

1. 8”x8” Columns:

Yellow (42” H) = 50 Qty Red Mini (24” H) = 3 Qty

2. 12”x12” Columns:

Yellow (42” H) = 39 Qty Red Mini (24” H) = 16 Qty

3. 15”x 31” Columns:

Yellow (42” H) = 15 Qty

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6.0 Basis for Award

MDOR intends to award the contract to the responsive and responsible bidder who provides the lowest bid. To determine which bid is lowest, MDOR will compare the grand totals submitted by the bidders.

7.0 Bid Submission Requirements

7.1 Submission Format

The bid package must be sealed and must contain the following:

7.1.1 Bid Cover Sheet (Attachment A)

7.1.2 Certification (Attachment B)

7.1.2 Bid Form (Attachment C)- all pricing must be submitted on the bid form.

7.1.3 References (Attachment D) - each bidder must furnish contact information of at least four current references. The reference information should include the contact person, address and phone number for each contact. Failure to list a qualifying client may result in rejection of prospective bidder’s bid.

DOR will contact these clients as references to evaluate the quality of the bidder’s past work and management capabilities. Reference information must be provided as part of the packet submitted for consideration.

MDOR staff must be able to reach two (2) reference contact persons, within two (2) business days of bid opening or receive a response from the reference contact person within three (3) business days of reference score sheet being mailed 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 MDOR 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 responsible will have their bids considered. Bidder may submit as many references as desired. MDOR 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.

7.1.4 Acknowledgement of Amendments (Attachment F)

7.1.5 Secretary of State Acknowledgement (Attachment G)

7.1.6 Conflict of Interest (Attachment H)

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7.2 Submission Requirements

7.2.1 The original bid packet and two copies of Attachment C shall be signed and submitted in a sealed envelope or package to 500 Clinton Center Drive, Clinton, Mississippi 39056 on or before 12:00 p.m. CST on October 21, 2026.

7.2.2 Timely submission of the bid package is the responsibility of the bidder.

Bids received after the specified time will be rejected, will not be evaluated and shall remain the procurement file.

7.2.3 The envelope or package shall be marked with the bid opening date, time, and the number of the IFB.

7.2.4 The time and date of receipt will be indicated on the envelope or package by MDOR.

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

7.2.6 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.

7.2.7 Unless submitted in the Mississippi Accountability System for Government

Information and Collaboration (MAGIC) system, a packet must be delivered by 12:00 p.m., on October 21, 2026. If submitted in MAGIC documents must be signed and scanned in as an attachment.

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

7.2.9 As a precondition to bid acceptance, MDOR 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.

7.2.10 Any bidder claiming that its response contains information exempt from the

Mississippi Public Records Act (Mississippi Code Annotated Section 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.

7.2.11 All bid packages must be received by MDOR on or before 12:00 p.m. CST on October 21, 2026. Bids submitted via facsimile (faxes) will not be accepted. It is suggested that if a bid is mailed to MDOR, it should be posted in certified mail with a return receipt requested. The only acceptable evidence to establish the date of mailing is the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark does not show a legible date, the contents of the envelope or

IFB –Striping and Protection Equipment and Labor Page 14 package shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression, exclusive of postage meter impression, that is readily identifiable without further action a having been supplied and affixed by the U.S. Postal Service on the date of mailing.

Bidders should request postal clerks to place a hand cancellation postmark (often called a bull’s eye) on both the receipt and the envelope or wrapper, MDOR will not be responsible for mail delays or lost mail.

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

Attention: Bid Coordinator Bid # 3160008281 500 Clinton Center Dr.

Clinton MS 39056

SEALED BID – DO NOT OPEN

8.0 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 or federal government 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 or federal government.

9.0 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 MDOR that it has been placed on the PVL. Please complete the Secretary of State Acknowledgement, included on Attachment G.

10.0 Procurement Methodology

10.1 Restrictions on Communication with MDOR Staff

At no time shall any bidder or its personnel contact, or attempt to contact, any MDOR staff regarding this IFB except the contact person as set forth in the manner described in Section 10.5.

10.2 Cost of Preparing Bid

MDOR 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.

10.3 Independent Price Determination

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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 bid. The prices quoted shall be inclusive of, but not limited to the following: all required equipment/material; all required insurance; all required overhead; all required profit; and, all required licenses, certifications, fees or permits.

10.4 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. MDOR staff reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by MDOR staff of non-responsiveness based on the submission of non-conforming 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.

10.5 Procedure for Answering Questions

10.5.1 All questions concerning this Invitation for Bid or the bid process must be submitted by 5:00 p.m., on 10/09/2026 to:

bidquestions@dor.ms.gov

10.5.2 Questions and requests for clarification must be submitted via email during normal business hours by the deadline reflected in Section 2.0, Procurement Timeline.

10.5.3 All questions and answers will be published on the Mississippi Department of Revenue website (www.dor.ms.gov) under the Procurement Tab in a manner that all bidders will be able to view by the date and time reflected in Section 2.0.

10.5.4 The DOR will not be bound by any verbal or written information that is not contained within this IFB unless formally noticed and issued by the contact person.

10.6 Amendments to the Invitation for Bid

mailto:bidquestions@dor.ms.gov http://www.dor.ms.gov/

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10.6.1 The Administrative Services Division of the Department of Revenue will prepare a written response to all inquiries and post this information on the Department of Revenue website www.dor.ms.gov in a manner all bidders will be able to view. Respondents shall rely only on this bid and any communication from the Administrative Services Division of the Department of Revenue in submitting bids. The Department of Revenue’s Purchasing Division shall not be bound by any oral communications;

bidders who rely upon any oral communications regarding the Bid do so at their own risk.

10.6.2 Additionally, each bidder shall complete Attachment F, Acknowledgement of Amendments and include this form as parts of its bid packet.

10.7 Withdrawal of Bid

10.7.1 If a bid is substantially lower than those of other bidders, a mistake may have been made

10.7.2 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.

10.7.3 To withdraw a bid after bid opening, the bidder must show either (a) a mistake that is clearly evident on the bid document, but the intended correct bid is not similarly evident; or (b) proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made.

10.8 Post-Award Debriefing

A bidder who has placed a bid, whether successful or unsuccessful, may request a debriefing from the Purchasing Department within three (3) business days of receiving notification of a contract award. Such a debriefing, if requested within the appropriate time, will occur within three (3) business days of the request. A post-award debriefing is a meeting and not a hearing; therefore, a legal representation is not required. If a bidder prefers to have legal representation present, the bidder must notify the Purchasing Department in writing and identify its attorney by name, address, and telephone number.

For additional information regarding Post-Award Debriefing, as well as the information that may be provided and excluded, please see Section 7-114 through 7-114.07, Post-

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Award Vendor Debriefing, of the Mississippi Office of Personal Service Contract Review Rules and Regulations.

10.9 Protest of Award

Any bidder who is aggrieved in connection with the solicitation or award of a contract may protest to the Commissioner of the Mississippi Department of Revenue. The protest shall be submitted in writing within seven (7) days after notification is received. The written protest letter shall contain an explanation of the basis of the protest. A protest is considered submitted when received by the Purchasing Department or Commissioner of the Mississippi Department of Revenue. To expedite the handling of the protest, the envelope should be labeled “Protest”. Protest filed after normal business hours on the seventh day will not be considered.

10.10 Exceptions and Deviations

Bidders taking exception to any part or section of the solicitation shall indicate such exceptions on the Bid form and shall fully describe said exception. Failure to indicate any exception will be interpreted as the proposer’s intent to comply fully with the requirements as written. Conditional or qualified bidders, unless specifically allowed, shall be subject to rejection in whole or in part.

10.11 Conflict of Interest

All bids must be accompanied by a statement disclosing (1) any involvement, financial or otherwise, that an employee, officer, or agent of DOR may have in the proposing organization, and (2) any involvement, financial or otherwise, that any employee, officer of any other governmental agency may have in the proposing organization. Disclosure statement form included in Attachment H.

11.0 Bid Opening

Bid opening will be held via telephone; however, this will include opening, reading and listing the bid price on 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.

12.0 Office Closure Statement

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 at the advertised date and time, all bids received shall be opened 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, as determined in accordance with this paragraph, shall not be advertised, and all bidders, upon submission of a Bid, shall be deemed to have knowledge of and shall have agreed to the provisions of this paragraph.

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Bids shall be received by the agency until the new date and time of the Bid opening as 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 proposer shall be required to ensure the delivery and receipt of its Bid by the agency prior to the new date and time of the Bid opening

13.0 Award Notification

The award for this procurement will be posted on the MDOR website at www.dor.ms.gov.

Bidders will be notified via e-mail of the award. Additionally, a letter will be sent to all bidders. Awards will not be final until DOR and the bidder have negotiated and executed a written contractual agreement and this agreement is approved by the Public Procurement Review Board. If a contract is awarded, the selected bidder will be required to comply with the terms and conditions, in Appendix A, that will be a part of the contract. The resulting contracts shall be governed by the applicable provisions of Public Procurement Review Board Office of Personal Service Contract Review’s Rules and Regulations, a copy of which is available at 501 North West Street, Suite 701E, Jackson, Mississippi 39201 for inspection, or downloadable at http://DFA.ms.gov.

http://dfa.ms.gov/

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Appendix A

Terms and Conditions

Acknowledgement of Amendments

Bidders shall acknowledge receipt of any amendment to the IFB in writing. The acknowledgement shall be submitted to the Department’s Bid Coordinator. Each bidder shall submit a written acknowledgement of every amendment to the Department on or before the submission deadline.

Anti-Assignment/Subcontracting

The Contractor acknowledges that it was selected by the Department to perform the services required hereunder based, in part, upon the Contractor's special skills and expertise. The Contractor shall not assign, subcontract or otherwise transfer this agreement in whole or in part without the prior written consent of the Department, which the Department may, in its sole discretion, approve or deny without reason. Any attempted assignment or transfer of its obligations without such consent shall be null and void. No such approval by the Department of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of the Department in addition to the total fixed price agreed upon in this agreement. Subcontracts shall be subject to the terms and conditions of this agreement and to any conditions of approval that the Department may deem necessary. Subject to the foregoing, this agreement shall be binding upon the respective successors and assigns of the parties.

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 the State. Contractor shall comply with applicable federal, state, and local laws and regulations.

Approval

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

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

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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 the Department to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of 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, Department shall have the right upon ten

(10) business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expenses to the Department of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

Certification of Independent Price Determination By submitting a bid, the bidder certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other bidder or competitor for the purpose of restricting competition.

Change in Scope of Work

The Department may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the Contractor that the scope of the project or of the Contractor's services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the Department and the Contractor.

If the Contractor 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 contractor, the contractor must immediately notify the Department in writing of this belief. If the Department believes that the particular work is within the scope of the contract as written, the Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the contract.

Compliance with Laws

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Contractor understands that the Customer 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.

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

Confidentiality

Notwithstanding any provision to the contrary contained herein, it is recognized that the Department is a public agency of the State of Mississippi and is subject to the Mississippi Public Records Act. Mississippi Code Annotated §§ 25-61-1 et seq. If a public records request is made for any information provided to the Department pursuant to the agreement and designated by the Contractor in writing as trade secrets or other proprietary confidential information, the Department shall follow the provisions of Mississippi Code Annotated §§ 25-61-9 and 79-23-1 before disclosing such information.

The Department shall not be liable to the Contractor for disclosure of information required by court order or required by law.

Contractor Personnel

The Department shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or Subcontractors assigned to the work by the Contractor.

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

Debarment and Suspension

Contractor certifies to the best of its knowledge and belief, that it:

(1) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any federal department or agency or any political subdivision or agency of the State of Mississippi;

(2) has not, within a three-year period preceding this bid, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under public transaction;

(3) has not, within a three-year period preceding this bid, been convicted of or had a civil judgment rendered against it for a violation of federal or state antitrust statutes or

IFB –Striping and Protection Equipment and Labor Page 22 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(4) is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of these offenses enumerated in paragraphs two (2) and (3) of this certification; and,

(5) has not, within a three-year period preceding this bid, had one (1) or more public transactions (federal, state or local) terminated for cause or default.

Disclosure of Confidential Information

In the event that either party to this agreement receives notice that a third-party requests divulgence of confidential or otherwise protected information and/or has served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence of confidential or otherwise protected information that party shall promptly inform the other party and thereafter respond in conformity with such subpoena 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 Department agrees to make payment in accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies,” which generally provides for payment of undisputed amounts by the Department within forty-five (45) days of receipt of invoice. Mississippi Code Annotated § 31-7-305, et seq.

E-Verification

If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act of 2008, and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 et seq. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E- Verify Program, or any other successor electronic verification system replacing the E- Verify Program. Contractor agrees to maintain records of such compliance. Upon request of the State and after approval of the Social Security Administration or Department of Homeland Security when required, Contractor agrees to provide a copy of each such verification. Contractor further represents and warrants that any person assigned to perform

IFB –Striping and Protection Equipment and Labor Page 23 services hereafter meets the employment eligibility requirements of all immigration laws.

The breach of this agreement may subject Contractor to the following:

(1) termination of this contract for services and ineligibility for any state or public contract in Mississippi for up to three (3) years with notice of such cancellation/termination being made public;

(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 for up to one (1) year or, both.

(3) In the event of such cancellations/termination, Contractor would also be liable for any additional costs incurred by the State due to Contract cancellation or loss of license or permit to do business in the State.

Failure to Enforce

Failure by the Department 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 Department 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 State 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 State may exercise any rights it has under the contract which are available when neither party is in default.

Independent Contractor

The 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 Department. Nothing contained herein shall be deemed or construed by the Department, the 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 Department and the Contractor. Neither the method of computation of fees nor other charges, nor any other provision contained herein, nor any act of the Department or the Contractor hereunder, creates or shall be deemed to create a relationship other than the

IFB –Striping and Protection Equipment and Labor Page 24 independent relationship of the Department and the Contractor. Contractor's personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of the Department. Neither the Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of the Department; and the Department shall be at no time legally responsible for any negligence or other wrongdoing by the Contractor, its servants, agents, or employees. The Department shall not withhold from the contract payments to the Contractor any federal or State unemployment taxes, federal or State income taxes, Social Security tax, or any other amounts for benefits to the Contractor. Further, the Department shall not provide to the Contractor any insurance coverage or other benefits, including Workers' Compensation, normally provided by the Department for its employees.

Integrated Agreement/Merger

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 Department and the Contractor. The 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 Department or the Contractor on the basis of draftsmanship or preparation hereof.

Ownership of Documents and Work Papers

The Department 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 the contractor's internal administrative and quality assurance files and internal Project correspondence. The Contractor shall deliver such documents and work papers to the Department upon termination or completion of the Agreement. The foregoing notwithstanding, the 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 Department and subject to any copyright protections.

Paymode Clause

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

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Price Adjustment Clause

I. Price Adjustment Methods. Any adjustments to price, pursuant to a clause in this contract, shall be made in one or more of the following ways:

a. by agreement on fixed price adjustment before the commencement of the additional performance;

b. by unit prices specified in the contract;

c. by the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the contract; or,

d. by the price escalation clause.

II. Submission of Cost of Pricing Data. The Contractor shall provide cost or pricing data for any price adjustments subject to the provisions of Section 3-403 (Cost or Pricing Data) of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

Procurement Regulations

This 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 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.

Record Retention and Access to Records

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 maintained or produced as a result of the project for the purpose of making audits, examinations, excerpts, and transcriptions. 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.

Recovery of Money

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

IFB –Striping and Protection Equipment and Labor Page 26 other right the Department may have to claim the amount of any loss or damage suffered by the Department on account of the acts or omissions of the Contractor.

Representation Regarding Contingent Fees

Contractor represents that it has not retained a person to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in Contractor’s bid or proposal.

Representation Regarding Gratuities

The bidder, offeror, or Contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 6- 204 (Gratuities) of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

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

Termination for Convenience Clause

The Department may, when the interests of the Department so require, terminate this contract in whole or in part, for the convenience of the Department. The Department shall give written notice of the termination to Contractor specifying the part of the contract

IFB –Striping and Protection Equipment and Labor Page 27 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 Clause

If the Department 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 Department may terminate the contract for default and the Contractor will be liable for the additional cost to the Department 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

Termination Upon Bankruptcy

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

Third Party Action Notification

Contractor shall give the Department 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.

Trade Secrets, Commercial and Financial Information

It is expressly understood that Mississippi law requires that the provisions of this contract which contain the commodities purchased or the personal or professional services provided, the 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 and shall be available for the examination, copying or reproduction.

Transparency Clause

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This contract, including any accompanying exhibits, attachments, and appendices, is subject to the “Mississippi Public Records Act of 1983,” and its exceptions. See Mississippi Code Annotated §§ 25-61-1 et seq., and Mississippi Code Annotated. § 79- 23-1. In addition, this contract is subject to the provisions of the Mississippi Accountability and Transparency Act of 2008. Miss. Code Ann. §§ 27-104-151 et seq.

Unless exempted from disclosure due to a court-issued protective order, a copy of this executed contract is required to be posted to the Department of Finance and Administration’s independent agency contract website for public access at http://www.transparency.mississippi.gov. Information identified by Contractor as trade secrets, or other proprietary information, including confidential vendor information, or any other information which is required confidential by state or federal law or outside the applicable freedom of information statutes, will be redacted.

Unsatisfactory Work

If, at any time during the contract term, the service performed or work done by the Contractor is considered by the Department to create a condition that threatens the health, safety, or welfare, the Contractor shall, on being notified by the Department, immediately correct such deficient service or work.