MARINE DEBRIS REMOVAL IFB FINAL.pdf

INVITATION FOR BIDS

IFB Number: 3160008100

To Provide: Monitoring Services

Issue Date: July 15, 2026

CLOSING LOCATION

Mississippi Department of Environmental Quality

515 East Amite Street

Jackson, MS 39201

Or Electronically in MAGIC

BID COORDINATOR

Regina Cochran, Accounting

Telephone: (601) 961-5201

Fax: (601) 961-5715

E-mail: procurement@mdeq.ms.gov

CLOSING DATE AND TIME

Bids must be received by 3:00 p.m. CST

August 31, 2026

SECTION 1

1.1 Bid Acceptance Period

The original bid form shall be signed and submitted in a sealed envelope or package to the Mississippi Department of Environmental Quality (MDEQ) no later than the time and date specified for receipt of bids. Timely submission of the bid is the responsibility of the bidder.

Failure to submit a timely bid may be considered just cause for rejection of the bid.

The envelope or package shall be marked with the bid opening date and time, and the RFx number of the IFB. The time and date of receipt shall be indicated on the envelope or package when received by MDEQ. Each page of the bid form and all attachments shall be identified with the name of the bidder. Failure to submit a bid on the bid form provided may be considered just cause for rejection of the bid. Modifications or additions to any portion of the bid document may be cause for rejection of the bid.

MDEQ reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive. As a pre-condition to bid acceptance, MDEQ 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. (Non-responsive portions of the bid that do not affect service quality, quantity, price or delivery may be, for example, clauses that specify the state in which litigation is to be brought or that provide for high interest charges for late payment.)

The bid shall be limited to no more than a total of thirty (30) typed pages including contents pages, supporting appendices, and resumes. Paper size shall be 8 1/2” x 11”. Text shall not be smaller than a font size of 12. Alternatively, electronic bids may be submitted to Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) RFx Number 3160008100 by the date and time specified herein. The original must be signed by an authorized representative of the bidder. MDEQ will receive bids offered from organizations having specific experience and qualifications in the area identified in this solicitation. For consideration, bids must contain evidence of the organization’s experience and abilities in the specified area and other disciplines directly related to the proposed service.

Other information required by MDEQ is included herein. Unless otherwise stated, all bidders shall provide profiles and resumes of the staff to be assigned to the project, references, illustrative examples of similar work performed, and any other information that clearly demonstrates the bidder’s expertise in the area of this solicitation.

The original Bid and all attachments shall be signed and submitted in a sealed envelope or package to:

Bid for Marine Debris Removal-Round Island Mississippi Department of Environmental Quality Attn: Regina Cochran 515 East Amite Street Jackson, Mississippi 39201

1.1.1. Timeline

• Invitation for Bid (IFB) Issue Date: July 15, 2026

• Optional Pre-bid Meeting: July 29, 2026 at 10:00 AM CST via Webinar

• Questions to MDEQ Deadline: August 12, 2026

• Anticipated Posting of Response to Inquiries/Amendments: August 19, 2026

• Bid Package Submission Deadline: August 31, 2026 at 3:00 pm CST

• Anticipated Notice of Intent to Award: September 18, 2026

• Anticipated Post-Award Debriefing Request Date: September 23, 2026

• Post-Award Debriefing Held by Date: September 25, 2026

1.1.2. Late Submissions

Bids received after the specified time shall be rejected. 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.

MDEQ will not be responsible for delayed or lost mail received after the deadline.

1.2 Expenses Incurred in the Procurement Process

All parties participating in the procurement process with regard to this solicitation shall bear their own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

1.3 Bid Form

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

1.3.1 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.

1.4 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.

1.5 Additional Information

Questions about the contract provisions or technical portions of the procurement document must be submitted in writing no later than the date and time specified for Questions to Regina Cochran at procurement@mdeq.ms.gov. Bidders are cautioned that any statements made verbally by any person shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

1.6 Acknowledgement of Amendments

Bidders shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid. The acknowledgement shall be submitted to MDEQ. Each bidder shall submit a written acknowledgement of every amendment to mailto:procurement@mdeq.ms.gov

MDEQ on or before the submission deadline.

1.7 Type of Contract

Compensation for services will be in the form of firm fixed-price rates provided in response to this IFB.

1.8 Written Bids

All bids shall be in writing.

1.9 Disposition of Bids

All submitted Bids become the property of the State of Mississippi.

1.10 Proprietary Information

The bidder should mark any and all pages of the proposal considered to be proprietary information which may remain confidential in accordance with Miss. Code Ann. §§ 25-61-9 and 79-23-1. The provisions of the Contract which contain the professional services provided, any unit prices contained within the Contract; the overall price to be paid, and the term of the Contract shall not be deemed to be a trade secret or confidential commercial or financial information and shall be available for examination, copying, or reproduction in accordance with Miss. Code Ann. § 25-9-120 and the Mississippi Public Records Act. Any pages not marked accordingly will be subject to review by the general public after award of the Contract. Material so designated shall accompany the proposal and shall be readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Public requests to review records with information marked as proprietary will be handled in accordance with the requirements of Miss. Code Ann. § 25- 61-9.

1.11 Contract Rights

Contract rights do not vest in any party until a contract is legally executed. MDEQ is under no obligation to award a contract following issuance of this solicitation.

1.12 Property Rights

Property rights do not inure to any offeror until such time as services have been provided under a legally executed contract. No party responding to this IFB has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. MDEQ is under no obligation to award a contract and may terminate a legally executed contract at any time.

SECTION 2

2.1 Purpose

MDEQ is soliciting bids, subject to the conditions stated herein and attached hereto, from organizations licensed to do business in the State of Mississippi to assist MDEQ with marine debris removal services to support the Reducing Marine Debris Impacts on Birds and Sea Turtles Project (“the Project”). The purpose of the Project as approved in the Regionwide TIG final PR/EA 1 (“the Plan”), is to support the restoration of natural resources and services injured or lost as a result of the Deepwater Horizon (DWH) oil spill, which occurred on or about April 20, 2010, in the Gulf of America.

The purpose of this monitoring project is to remove marine debris from Round Island, which was created in 2016 using beneficial-use sediment material and has been identified as a debris hotspot due to the known presence and regular accumulation of marine debris. Round Island provides nesting and foraging habitat for birds and is located near documented Kemp’s ridley sea turtle foraging habitat, as indicated by a high concentration of telemetry reports in the surrounding area from the State of the World’s Sea Turtles mapper.

Project Area The project area (Figure 1) includes the upland areas of the “new” Round Island, comprised of approximately 76 acres of beaches, dunes, and scrub-shrub vegetation. The interior portion of the island is an active beneficial-use dredge disposal site and is excluded from the scope of this contract. The project area does not include any in-water removal activities or any beach cleanup activities on the southern portion of “original” Round Island.

Figure 1. Project Area

2.2 Scope of Work

MDEQ is requesting cost quotes for five (5) cleanup events at Round Island within the project area over a five-year period of performance. The Contractor will coordinate with MDEQ for data collection activities. Offerors shall outline costs for all tasks described below on a per-event basis.

2.2.1 Specific tasks for Marine Debris Removal Services include the following:

• Coordinate with MDEQ to schedule and conduct five (5) annual cleanup events at Round Island over the period of performance. The following scheduling requirements apply:

o Cleanup events shall be scheduled between November 1 and March 31 to:

(1) avoid conflicts with sea turtle and shorebird nesting seasons; (2) maximize debris capture following the Atlantic hurricane season (June- November); and (3) take advantage of seasonally lower tides that maximize accessible beach area. MDEQ may authorize events outside this window on a case-by-case basis.

o Prior to each event, the Contractor shall submit a proposed event date and access/logistics plan to MDEQ for review and approval no less than fourteen

(14) days in advance.

• Conduct recurring debris removal operation within the project area during each cleanup event as follows:

o Recurring cleanup events shall be focused on removal of debris of any size

(surface level or slightly embedded) within the project area.

o Debris removed during these events shall be primarily collected by hand.

Mechanical equipment (skid-steer loader or equivalent) may be used if larger pieces of debris are encountered.

• Transport collected debris back to the mainland and dispose of it properly in accordance with all applicable local, state, and federal regulations. Documentation of disposal (e.g., weight tickets, disposal facility receipts) shall be retained and provided to MDEQ upon request.

o Note: If hazardous materials are encountered during cleanup activities (e.g., petroleum containers, pressurized cylinders, or materials exhibiting characteristics of hazardous waste), the Contractor shall cease handling of that material and notify MDEQ immediately. Disposal of hazardous materials is outside the scope of this contract; MDEQ will coordinate appropriate handling separately.

• Monitor and track the amount and type of debris collected during each cleanup event in accordance with the Monitoring and Adaptive Management Plan (MAM Plan) for this project, as attached to the Regionwide TIG Final RP/EA 1, and any supplemental tracking guidance provided by MDEQ. Item type data shall be collected using the EPA’s Escaped Trash Assessment Protocol (ETAP) application or equivalent format as directed by MDEQ. Following each annual cleanup event, the Contractor shall provide MDEQ with the following deliverables within (30) days of each event:

o Raw ETAP data spreadsheet documenting all debris items collected.

o Annual field summary report including all parameters identified in Table 1 below, a brief narrative description of site conditions and activities, and any observations relevant to future event planning (e.g., notable debris types or accumulation patterns, access challenges, wildlife observations).

Parameters Data Metrics Year

Year

Debris removal events Duration (hours) Participants (count)

Debris removed Number (count) of items, by type1

Quantity (total weight, lbs)

Quantity (total volume, ft3)

Qualitative visual assessment of re-accumulation of debris (at time of event)

Low (1), medium (2), or high (3)

1Details on the specific debris removed (e.g., traps, plastics, nets, fishing line, bottles, straws, etc.) will be documented according to the EPA’s Escaped Trash Assessment Protocol (ETAP).

2.2.2 Additional Considerations

• Round Island is an offshore island accessible only by vessel. The Contractor is responsible for providing all vessel transportation for personnel equipment, and debris to and from Round Island. The following requirements apply:

o All vessels shall be appropriate for shallow-draft conditions in the Mississippi Sound. Given the absence of maintained navigation channels to the island and the prevalence of low water levels during target cleanup window (November-March), the Contractor shall verify vessel draft requirements in advance of each event.

o Vessel(s) must be capable of transporting mechanical equipment (e.g., skid-steer loader or equivalent) if mechanical removal is anticipated for a given cleanup event.

2.2.3 Wildlife Protective Measures:

• Round Island provides habitat for multiple federally listed species, including sea turtles, shorebirds, and colonial waterbirds. Section 7 consultation under the Endangered Species Act has been completed for the Project, and protective measures are required of the Contractor and all associated personnel as conditions of that consultation. All contractor personnel shall be briefed by MDEQ on these requirements prior to the first field event.

2.3 Period of Performance

The period of performance of any contract awarded pursuant to this project is expected to commence upon execution by both parties and continue for a period of five (5) years.

2.4 Qualifications

Offeror(s) shall be licensed to do business in the State of Mississippi and shall demonstrate experience conducting marine debris removal or coastal cleanup operations, including experience with both hand collection and mechanical removal methods. Offeror(s) shall have access to shallow-draft vessel(s) suitable for operations in the Mississippi Sound, with the capability to transport mechanical equipment (e.g., skid-steer loader or equivalent) to an offshore island location. Offeror(s) shall demonstrate familiarity with federal Endangered Species Act requirements applicable to coastal and marine environments, including protective measures for sea turtles, shorebirds, and manatees, and shall have demonstrated experience with proper waste transport and disposal in accordance with all applicable local, state, and federal regulations.

2.5 Term Renewal of Contract

The contract may be renewed at the discretion of MDEQ for a period of five (5) successive one-year periods under the same prices, terms, and conditions as in the original contact. The total number of renewal years permitted shall not exceed five (5) years.

2.6 Minority and Women Businesses

MDEQ’s policy is to promote participation of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in the contracts let by MDEQ. The intent of the following provision is to encourage contractors to involve such businesses in a meaningful role in the provision of services under this IFB.

A. Offeror’s and Offeror’s subcontractors will abide by the following steps to encourage participation by MBE and WBE:

1. Including MBE and WBE on solicitation lists;

2. Assuring that MBE and WBE are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of MBE and WBE;

4. Establishing delivery schedules, where the requirements of the work permits, which will encourage participation by MBE and WBE;

5. Using the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce or Mississippi Development Authority’s Minority Business Small Business Development Division (Mississippi Procurement Technical Assistance Program), as appropriate; OR satisfying the self-certification requirements of this section where appropriate, and

6. Including these steps in any subcontracts awarded under this contract.

B. If applicable, Offeror shall supply MDEQ with proof of Offeror’s and Offeror’s subcontractor’s minority status by providing the following prior to contract execution:

1. Certification by the Small Business Administration;

2. Certification by the Mississippi Development Authority’s Minority Business Certification Program; or

3. Self-Certification through Notarized affidavit of the MBE/WBE documenting that said business is:

a. Wholly owned or majority controlled by a minority or woman; and

b. Has been doing business in Mississippi for a period of at least six months prior to the provision of work under this contract.

SECTION 3

3.1 Bid Evaluation

This IFB sets forth the evaluation criteria to be used. No criteria will be used in an evaluation that is not set in this IFB. Only bidders who are found responsive and responsible will have their bids considered. The contract will be awarded to the lowest responsible/responsive bidder whose bid meets the requirements and criteria set forth in this IFB.

3.1.1 Responsive Bidder

Bidder must submit bid which conforms in all material respect to this IFB, as determined by MDEQ. Bids will be reviewed to ensure compliance with the Mandatory Requirements of this IFB. Any offeror who does not supply this information and/or meet these requirements will be deemed non-responsive.

3.1.2 Nonconforming Terms and Conditions

A bid response which includes terms and conditions that do not conform to the terms and conditions in the IFB is subject to rejection as non-responsive. MDEQ reserves the right to permit the bidder to withdraw nonconforming terms and conditions prior to a determination of non-responsiveness.

3.1.3 Conditioning Bid Upon Other Awards

Any bid which is conditioned upon receiving award of both the particular contract being solicited and another Mississippi contract shall be deemed non-responsive and not acceptable.

3.1.4 Mandatory Requirements

The bid package must be sealed and must contain all of the following items and information to be deemed responsive:

A. Company Information: Bidder must provide the information below in the following manner:

Bidder’s company name:

The place of performance:

All appropriate company contact information, including the following:

Company’s Physical Address for place of performance and Principal Place of Business (if different):

Designated company contact:

Contact’s e-mail address:

Contact’s phone number:

Bidder’s Unique Entity Identifier (UEI) number:

The age of Bidder’s business:

The average number of employees over the past three (3) years:

B. Project Plan Management: Provide a summary discussing the project management approach that the offeror’s Project team will take to achieve the tasks described in the Scope of Work and course of action necessary for completion of the Scope of Work in accordance with the anticipated Period of Performance.

C. Price: Provide rates for the services to be performed under this IFB. Please provide this information by filling out the Bid Form attached as Attachment A.

D. Project Team, Resources and Résumés: Provide the following information:

1. Provide resumes of all persons who would be assigned to provide the required services, including, but not limited to, their respective backgrounds, experience, Project responsibilities, licenses, certifications, education, and skills.

2. Provide information on the bidder’s access to or ability to obtain the equipment, facilities and financial resources to perform the work.

3. Provide the name of any company or individual anticipated to be used as a subcontractor on this Project, as well as that subcontractor’s duties on the Project. If subcontractors have not yet been identified but bidder has certain duties that it anticipates subcontracting, bidder shall delineate that scope of work to be subcontracted. Also, bidder should be aware that all subcontractors must be approved by MDEQ.

E. Experience with Projects of Similar Scope and References: Provide the following information:

1. A record of at least ten (10) projects of similar size and scope completed by the proposed Project Team within the past five (5) years;

2. For each project identified, identify which member(s) of the proposed Project Team participated and what role they served; and

3. Each referenced project shall include the following:

a. The name,

b. telephone number, and

c. email address of a responsible individual who may be contacted for a reference.

F. Professional Certifications, Licensures, and Registrations:

1. Provide copies of the professional licenses/registrations for all entities that comprise the Project Team, as applicable.

2. Provide a list of individuals and their professional license, certification, or registration numbers for the persons identified in the Project Team, as applicable.

This information required in this Section will not be included in the Bid’s thirty

(30) page limit.

G. Certificate of Good Standing: Provide proof from the Office of the Secretary of State of the State of Mississippi demonstrating that bidder is in good standing to do business in Mississippi, which will not be included in the Bid’s thirty (30) page limit.

H. MBE/WBE: Bidder must complete and attach the MBE/WBE Solicitation Form, which is attached hereto as Attachment B. Any documentation submitted under this Section is not included in the thirty (30) page limit of the Bid.

I. Offeror’s Affidavit: Bidder must execute, notarize, and attach the Offeror’s

Affidavit to its Bid, which will not be included in the Bid’s thirty (30) page limit. A copy of the Offeror’s Affidavit is attached hereto as Attachment C.

J. Acknowledgement of Amendments: Bidder shall acknowledge receipt of any amendment to this IFB by signing and returning the amendment with its Bid.

Such acknowledgement must be received by MDEQ by the time and at the place specified for receipt of bids. Any documentation submitted under this Section is not included in the thirty (30) page limit of the Bid.

3.1.5 Responsible Bidder

Bidder must have capability in all respects to fully perform the contract requirements with integrity and reliability, which will assure good faith performance, as determined by MDEQ.

3.1.6 Minimum Qualifications to be Deemed Responsible

Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Contractor has:

A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

Provide the information required in Section 3.1.4(D) of this IFB.

B. A satisfactory record of performance;

Provide the information required in Section 3.1.4(E) of this IFB.

C. A satisfactory record of integrity;

Provide the information required in Section 3.1.4(E) of this IFB. MDEQ may contact project references as necessary to determine a satisfactory record of integrity.

D. Qualified legally to contract with the State; and

Provide certification that the offeror is not currently debarred from contracting with the State, by providing a completed Offeror’s Affidavit as required by this IFB. Also provide a certificate of Good Standing as required by this IFB.

E. Supplied all necessary information in connection with the inquiry concerning responsibility.

The burden is on the prospective bidder to thoroughly demonstrate its responsibility in the above-listed categories. Any bidder to be deemed non-responsible will be rejected.

3.2 Pre-Submittal Conference

An optional pre-submittal conference will be held at the time specified in the IFB via the following online webinar/meeting:

Please join my meeting from your computer, tablet or smartphone.

https://meet.goto.com/197629525 [meet.goto.com]

You can also dial in using your phone.

Access Code: 197-629-525 United States: +1 (872) 240-3212

The purpose of the pre-submittal conference is to allow potential offerors an opportunity to present questions to staff and obtain clarification of the procurement requirements. Minutes of the conference will be published.

3.3 Bid Opening

Bids shall be opened in the presence of two or more MDEQ officials after the deadline for submissions. Bids will not be opened publicly. The name of each bidder, the bid, and such other information as is deemed appropriate by MDEQ will be recorded. This information shall be available to the public via a Public Records request.

3.4 Award

A contract will be awarded within ninety (90) days by written notice to the responsive/responsible bidder whose bid meets the requirements and criteria set forth in this IFB. Should there be any reason why the contract cannot be awarded within ninety (90) days after bid opening, the time may be extended by written mutual agreement between MDEQ and the successful bidder. Being a Contractor in no way guarantees any specified amount of work under this IFB and any resulting contract.

3.4.1 Notification

All participating vendors will be notified of MDEQ’s intent to award a contract. In addition, MDEQ will identify the selected vendor. Notice of award is also made available to the public.

https://urldefense.com/v3/__https:/meet.goto.com/197629525__;!!G3AUQnCt!hWm3H1QK-FcFCSIl_a4vFEA3THuAB8GxpsH7Ru72R0kI3cdWUFte2PB2MaQrjeROJgjsxAZxpq3eDL5crZ0$

SECTION 4

4.1 Post-Award Vendor Debriefing

A bidder, successful or unsuccessful, may request a post-award debriefing, in writing, by U.S. mail or electronic submission to Regina Cochran at procurement@mdeq.ms.gov. The written request must be received by MDEQ within three (3) business days of notification of the intent to award. A post- award debriefing is a meeting and not a hearing; therefore, legal representation is not required. A debriefing is anticipated to occur within three (3) business days of receipt of the request. If a bidder prefers to have legal representation present, the bidder must notify MDEQ in writing and identify its attorney by name, address, and telephone number. MDEQ will schedule and/or suspend and reschedule the meeting at a time when legal counsel can be present.

For additional information regarding Post-Award Debriefing, as well as the information that may be provided and excluded, please see section 5.6.2, Debriefing, of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

4.2 Required Contract Terms and Conditions

Offeror’s Bid and any subsequently awarded Contract are subject to the Standard Contract Terms and Conditions, a copy of which is attached hereto as Attachment D and fully incorporated herein by reference, and any additional terms and conditions included in the subsequently awarded contract.

4.3 Mississippi Contract/Procurement Opportunity Search Portal This IFB, and the questions and answers concerning this IFB, are posted on the Contract/Procurement Opportunity Search Portal.

4.4 Attachments

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

Attachment A – Bid Form

Attachment B – MBE/WBE Solicitation Form

Attachment C - Offeror’s Affidavit

Attachment D – Standard Contract Terms and Conditions

Attachment A

Monitoring Services Bid Form

Schedule of Price

Note: Bid prices should be lump sum and shall include sales tax and all other applicable taxes and fees. Per item bid amounts may be averaged to determine the lowest bid for all services requested.

MARINE DEBRIS REMOVAL, DISPOSAL, AND MONITORING

Price per Event

( x 5 events) = Total

Name of Company:

Signature:

Company Representative:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with Mississippi Department of Environmental Quality (hereinafter called “MDEQ”) in the form included in the Invitation for Bids to perform all Work as specified or indicated in the Invitation for Bids for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Invitation for Bids.

Bidder accepts all of the terms and conditions of the Invitation for Bids. This Bid will remain subject to acceptance for ninety (90) days after the Bid deadline or for such longer period of time that Bidder may agree to in writing upon request of MDEQ.

Bidder has reviewed the requirements to bid this Project and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the Scope of Work.

Bidder is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Scope of Work.

The Invitation for Bids is generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Scope of Work for which this Bid is submitted.

ATTACHMENT B

MBE/WBE Solicitation Form

1. Provide the following information for all MBE/WBE firms that were solicited for participation in the offeror’s response to this IFB:

2. Select one the following:

□ The bidder is a MBE/WBE firm and at least one or more MBE/WBE firms were solicited and selected for the proposed contract, as indicated above. Prior to contract execution, the bidder shall supply MDEQ with proof of bidder’s and bidder’s subcontractor’s MBE/WBE status by providing the documentation required in this IFB.

□ The bidder is a MBE/WBE firm and no other MBE/WBE firms were solicited for the proposed contract. Prior to contract execution, the bidder shall supply MDEQ with proof of bidder’s MBE/WBE status by providing the documentation required in this IFB.

□ The bidder is not a MBE/WBE firm. However, at least one or more MBE/WBE firms were solicited and selected, as indicated above, for the proposed contract. Prior to contract execution, the bidder shall supply MDEQ with proof of bidder’s subcontractor’s MBE/WBE status by providing the documentation required in this IFB.

□ The bidder is not a MBE/WBE firm. However, at least one or more MBE/WBE firms were solicited (but not selected), as indicated above, for the proposed contract.

□ The prime firm submitting for the proposed contract is not a MBE/WBE firm and no MBE/WBE firms were solicited for the proposed contract. If so, please explain.

Entity Name Address Phone Number and/or e-mail address

Certifying Agency/ Entity/Program

Has the listed MBE/WBE been selected for participation for these requested services?

Please indicate by stating either Yes or No below.

ATTACHMENT C

OFFEROR’S AFFIDAVIT

NON-COLLUSION AND CONFLICT OF INTEREST AFFIDAVIT

State of _______________

County of ______________

I,_______________________________________________________, individually, and in my official capacity as ____________________ of _________________________________________ (offeror), being first duly sworn on oath, depose and state the following on behalf of the company:

The Offeror represents as a part of such Offeror’s Bid that such Offeror has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this Contract.

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 offeror or competitor for the purpose of restricting competition.

Offeror has not either directly or indirectly entered into any agreement, participated in any collusion;

or otherwise taken any action in restraint of free competitive bidding in connection with this Contract; nor have any of its corporate officers or principal owners.

Except as noted hereafter, it is further certified that said legal entity and its corporate officers, principal owners, managers, auditors, and others in a position of administering governmental funds:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental department or agency;

b) Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them 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 a public transaction;

c) Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in b) and

c) above; and

e) Have not within a three-year period preceding this Bid had one or more public transactions (Federal, State or local) terminated for cause or default.

The Offeror further certifies, to the best of his or her knowledge and belief, that:

a) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Contract, Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions will be completed and submitted.

The Offeror hereby certifies that, to the best of its knowledge and belief, there are no present or currently planned interests (financial, contractual, organizational, or otherwise) relating to the work to be performed under any contract or task order resulting from this IFB that would create any actual or potential conflict of interest (or apparent conflicts of interest) (including conflicts of interest for immediate family members: spouses, parents, children) that would impinge on its ability to render impartial, technically sound, and objective assistance or advice or result in it being given an unfair competitive advantage. In this clause, the term ‘‘potential conflict’’ means reasonably foreseeable conflict of interest. The offeror further certifies that it has and will continue to exercise due diligence in identifying and removing or mitigating, to the State’s satisfaction, such conflict of interest (or apparent conflict of interest). The offeror further certifies that it has no conflict of interest with respect to MDEQ or the Project (as defined in the IFB).

All of the foregoing and attachments (when indicated) is true and correct.

Offeror’s Name: ________________________ IFB Title:_____________________________

Signature: ______________________________ By (Print Name): ________________________

Title: __________________________________

SWORN TO AND SUBSCRIBED before me, this the ____ day of _____________, 20_____.

NOTARY PUBLIC

My Commission Expires: [SEAL]

ATTACHMENT D

STANDARD CONTRACT TERMS AND

CONDITIONS

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

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

3. Availability of Funds. It is expressly understood and agreed that the obligation of MDEQ to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and receipt of the appropriated funds. If the funds anticipated for the continuing fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, MDEQ shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expenses to MDEQ of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

4. Representation Regarding Contingent Fees. By executing the contract the contractor represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the contractor cannot make such a representation, a full and complete explanation shall be submitted in writing with the offeror’s response to the Agency prior to contract execution.

5. Representation Regarding Gratuities. Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MDEQ a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Contractor further represents that no employee or former employee of MDEQ has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by contractor. Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

6. 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 or offeror responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

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

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

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

10. E-Verification. If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3. Contractor agrees to provide a copy of each verification upon request of MDEQ subject to approval by any agencies of the United States Government. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws. The breach of this clause may subject Contractor to the following: (1) termination of this contract and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations; (2) the loss of any license, permit, certification or other document granted to Contractor by an agency, department, or governmental entity for the right to do business in Mississippi; or (3) both. In the event of such termination, Contractor would also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss of license or permit to do business in the state.

11. Required Public Records and Transparency. Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25-61- 9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available at the Agency for examination, inspection, or reproduction by the public. The contractor acknowledges and agrees that MDEQ and this contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-151, et seq.

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

Agreement. Contractor understands and agrees that the Agency is exempt from the payment of Mississippi taxes. All payments shall be in United States currency.

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

14. Antitrust. By entering into this Contract, Contractor conveys, sells, assigns, and transfers to MDEQ all rights, titles, and interest it may now have, or hereafter acquire, under the antitrust laws of the United States and the State that relate to the services purchased or acquired by MDEQ under this Contract.

15. Attorney’s Fees and Expenses. In the event Contractor defaults on any obligations under this Agreement, Contractor shall pay to MDEQ all costs and expenses, without limitation, incurred by MDEQ in enforcing this Agreement or reasonably related to enforcing this Agreement. This includes but is not limited to investigative fees, court costs, and attorneys’ fees. Under no circumstances shall MDEQ be obligated to pay any attorney’s fees or legal costs to Contractor.

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

17. Change in Scope of Work. MDEQ may order changes in the services consisting of additions, deletions, or other revisions within the general scope of work of the Contract. No claims may be made by Contractor that the scope of the Project or of Contractor’s services has been changed, requiring changes to the amount of compensation to Contractor or other adjustments to the Contract, unless such changes or adjustments have been made by written amendment to the Contract signed by MDEQ and Contractor. If 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 Contractor, Contractor must immediately notify MDEQ in writing of this belief. If MDEQ believes that the particular work is within the scope of the Contract as written, Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the services within the Contract.

18. Claims Based on a Procurement Officer’s Actions or Omissions.

A. Notice of Claim. If any action or omission on the part of a chief procurement officer or designee of such officer requiring performance changes within the scope of the Contract constitutes the basis for a claim by Contractor for additional compensation, damages, or an extension of time for completion, Contractor shall continue with performance of the Contract in compliance with the directions or orders of such officials, but by so doing, Contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion, provided:

(1) Contractor shall have given written notice to the chief procurement officer or designee of such officer:

(i) prior to the commencement of the work involved, if at that time Contractor knows of the occurrence of such action or omission;

(ii) within 30 days after Contractor knows of the occurrence of such action or omission, if Contractor did not have such knowledge prior to the commencement of the work; or,

(iii) within such further time as may be allowed by the chief procurement officer in writing; and

(2) The notice required by subparagraph (1) of this paragraph shall state that Contractor regards the act or omission as a reason which may entitle Contractor to additional compensation, damages, or an extension of time; and the chief procurement officer or designee of such officer, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of the chief procurement officer or designee of such officer;

(3) The notice required by subparagraph (1) of this paragraph describes, as clearly as practicable at the time, the reasons why Contractor believes that additional compensation, damages, or an extension of time may be remedies to which Contractor is entitled; and,

(4) Contractor maintains and, upon request, makes available to the chief procurement officer within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.

B. Limitation of Clause. Nothing contained herein shall excuse Contractor from compliance with any rules of law precluding state officers and Contractors from acting in collusion or bad faith in issuing or performing change orders which are clearly not within the scope of the Contract.

C. Adjustment of Price. Any adjustment in the Contract price made pursuant to this clause shall be determined in accordance with the “Price Adjustment” clause of this Contract.

19. Confidential Information. “Confidential Information” shall mean: (a) those materials, documents, data, and other information which Contractor has…