MEDIA BUYING SERVICES RFQ (RFX # 3150006855).pdf

SOLICITATION NUMBER: 3150006855

REQUEST FOR QUALIFICATIONS FOR

MEDIA BUYING AGENCY SERVICES

Issued by:

MISSISSIPPI DEPARTMENT OF FINANCE AND

ADMINISTRATION ON BEHALF OF

MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES &

PARKS

Office of Support Services Procurement Division

Request for Qualifications to Media Buying Agency Services Solicitation Number: 3150006855

Table of Contents RFQ Overview

Attachment A, Specifications

Attachment B, RFQ Standard Terms and Conditions

Attachment C, Reconsideration Information

Attachment D, Qualifications Submittal Instructions

Attachment E, Qualifications

RFQ Overview

I. Introduction

The Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) is seeking a partnership with a qualified and experienced media buying agency to support its statewide and regional digital marketing efforts. The goal of this partnership is to enhance public engagement, increase revenue-generating activities (such as hunting and fishing license sales, and Mississippi State Park reservations), elevate brand awareness for the agency's diverse programs and offerings (including the Mississippi Natural Science Museum), and ultimately maximize the return on investment of our marketing budget. We are committed to engaging with residents and visitors to promote participation in outdoor recreation, foster conservation stewardship, and ensure the sustainable use of Mississippi's natural resources. Effective marketing and communication are vital to achieving these goals.

Use of this procurement method communicates to potential respondents that the Agency is seeking various ideas and approaches as to how to provide the required personal or professional services. The aim of an RFQ is to obtain the best value for the Agency such that the most qualified vendor provides the most effective and creative solution to meet the Agency’s need at a competitive price.

General Information and Instructions

A. RFQ Contact.

The following is the sole contact for this RFQ:

Shannon Smith Procurement Coordinator DFA Office of Statewide Strategic Sourcing OSSS@dfa.ms.gov

B. RFQ Website.

This RFQ is available in electronic form through the Mississippi eProcurement system by searching Solicitation Number 3150006855 HERE. Official RFQ documents, amendments, notices, and related procurement file postings will be posted through the applicable official procurement posting locations, including the procurement portal and MDWFP’s WEBSITE, as required by law and regulation.

C. RFQ Documents.

This RFQ consists of this RFQ Overview, the following attachments, and any written amendments issued by MDWFP:

• Attachment A, Specifications

• Attachment B, RFQ Standard Terms and Conditions

• Attachment C, Reconsideration Information

• Attachment D, Qualifications Submittal Instructions

• Attachment E, Qualifications Submission Forms mailto:shannon.smith@dfa.ms.gov https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False https://www.mdwfp.com/bid-opportunities

D. Schedule of Events.

Event Date Time (CT)

First Advertisement Date June 19, 2026 Second Advertisement Date June 26, 2026 Deadline for Questions June 30, 2026 Responses to Questions Posted July 10, 2026 Submission Deadline July 24, 2026 Qualifications Opening July 27, 2026 Live Demonstrations August 14, 2026 Notice of Intent to Award September 2, 2026 Reconsideration Window Closes September 8, 2026 PPRB Meeting October 7, 2026 Anticipated Performance Period Based upon final approval and contract execution

• Note: MDWFP reserves the right to revise these dates by written amendment if determined necessary.

E. How to Ask Questions.

• Read and review this RFQ, including all attachments, exhibits, and addenda.

• Questions regarding this RFQ must be submitted in writing to OSSS@dfa.ms.gov and must reference the specific section of the RFQ to which the question relates. Questions must be received no later than June 30, 2026. Only questions received by that deadline will be considered.

• Responses to timely submitted questions will be issued in writing and distributed through the appropriate official procurement posting process.

• Notice of Opportunity to Request Reconsideration of the Terms of the Solicitation. Any potential offeror may request that MDWFP reconsider the terms of this solicitation. Any such request must be filed with the agency official primarily responsible for the procurement and the Director of OPSCR within three (3) business days following the date of public notice, in accordance with applicable procurement rules.

F. How to Respond.

• Read and review this RFQ, including all attachments, exhibits, and amendments.

• Prepare a qualifications submission that:

o Follows the requested format;

o Includes Solicitation Number 3150006855 on all materials comprising the submission;

o Addresses each question and request for information contained in this RFQ, including

Attachment E; and o Includes all required items identified in this RFQ.

• Submit your qualifications by the submission deadline:

mailto:OSSS@dfa.ms.gov o Electronically via MAGIC; or o Electronically via Email at OSSS@dfa.ms.gov o By hard copy in accordance with Attachment D.

G. Term of Contract.

The contract term is anticipated to be thirty-six (36) months following final approval and execution.

MDWFP intends to award one contract as a result of this RFQ. The total amount payable under the contract shall not exceed $600,000.

H. Offeror Response.

Companies or individuals interested in providing the requested services must submit a qualifications response containing the information required by this RFQ. Offerors are encouraged to submit electronically through MAGIC. Hard copy submissions may be made in accordance with Attachment D. Email submissions will also be accepted at OSSS@dfa.ms.gov. Fax submissions are not acceptable.

If an offeror experiences technical difficulty with submission through MAGIC, the offeror should promptly contact the appropriate system support resources and may also notify OSSS@dfa.ms.gov of the issue. Qualifications must be submitted through one of the methods expressly permitted in this RFQ.

MDWFP reserves the right to conduct discussions with offerors whose qualifications are determined to be reasonably susceptible of being selected for award, but qualifications may be accepted without such discussions. This RFQ, any written amendments, the successful offeror’s qualifications, and any Best and Final Offer, if applicable, shall be incorporated into the resulting contract.

I. MAGIC RFQ Submittal.

Offerors are strongly encouraged to submit their qualifications electronically via MAGIC by answering all questions and attaching additional documentation as requested. If the Offeror does not have a MAGIC Vendor Account, Offerors should register via the MAGIC Self-Registration Tool.

J. Email Submittal.

Offerors may also submit their qualifications via Email at OSSS@dfa.ms.gov.

K. Hard Copy Submittal.

Offerors with the inability or non-preference to submit their qualifications electronically may submit their qualifications via hard copy to the Mississippi Department of Finance and Administration. See Attachment D, Qualifications Submittal Instructions for details.

L. Required Submissions.

The following must be submitted with your qualifications:

1. Completed RFQ Submission Form (Attachment E):

Ensure that the solicitation number (RFx# 3150006855) is included on all materials. The form must be completed in its entirety, addressing each section of this RFQ.

2. Company Proposal:

A detailed narrative or documentation demonstrating your company’s qualifications and a proposal for the strategic planning, purchasing, and placement of digital advertising across various platforms. The selected agency will work closely with MDWFP's marketing team and subject matter experts to execute campaigns aligned with our objectives and https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100 brand guidelines.

M. Other Documents.

The following are informational only and do not need to be submitted with your qualifications:

1. This RFQ Overview

2. Attachment A, Specifications

3. Attachment B, RFQ Standard Terms and Conditions

4. Attachment C, Reconsideration Information

5. Attachment D, Qualifications Submittal Instructions

II. Evaluation and Award Process.

All qualifications timely received in response to this RFQ will remain sealed until the submission deadline has passed. After opening, submissions will be reviewed to determine responsiveness and compliance with the requirements of this RFQ.

a. Initial Review.

MDWFP and DFA will conduct an initial review to confirm that each submission is timely, includes the required materials, and is otherwise responsive to the RFQ. During this review, MDWFP and DFA will also determine whether each offeror is responsible and objectively meets the minimum qualifications established in this RFQ, including submission of any documentation required to demonstrate those qualifications. Any offeror found to be non-responsive or non-responsible may be removed from further consideration.

• To be considered for evaluation under this RFQ, an offeror must, at a MINIMUM:

o Be legally authorized to do business in the State of Mississippi, as applicable;

o Demonstrate a minimum of Ten (10) Years of experience in providing media buying, digital advertising placement, campaign optimization, and related reporting services of similar scope and complexity;

o Provide at least three relevant client references for comparable work;

o Identify the key personnel proposed to perform the work, including the primary account representative; and o Submit a complete qualifications response, including all documentation required by this RFQ to demonstrate that the offeror meets the minimum qualifications.

b. Evaluation Factors and Scoring.

Responsive submissions will be evaluated using the criteria and scoring structure set forth in this RFQ.

Only the evaluation factors stated in this RFQ will be used in the evaluation process.

The evaluation process will consist of two parts:

Part 1 — Written Evaluation: 85 total points Part 2 — Live Demonstration: 15 total points

Part 1 — Written Evaluation (85 Points Total)

Category Subfactor Maximum Points Technical Factors 30

Strategic Alignment & Campaign Understanding

Digital Advertising Strategy Experience & Past Performance Reporting, Analytics, & Optimization Compliance with Proposal Requirements References & Client Feedback

Management Factors 20 Customer Service & Account

Management

Budget Use & Vendor Compensation Model

Cost Factor 35 Total Part 1 Points 85

Written Evaluation Criteria

1. Strategic Alignment & Campaign Understanding (Max: 9 points) Extent to which the offeror demonstrates understanding of MDWFP goals, target audiences, mission, and proposed approach tailored to the agency.

2. Digital Advertising Strategy (Max: 8 points) Strength, creativity, and feasibility of the proposed digital strategy, platform selection rationale, targeting methodology, and innovative approaches.

3. Experience & Past Performance (Max: 6 points) Quality and relevance of case studies, client references, measurable outcomes, and key personnel qualifications.

4. Reporting, Analytics & Optimization (Max: 4 points) Sophistication of analytics framework, KPI tracking approach, dashboard design, reporting frequency, and historical examples of optimization.

5. Compliance with Proposal Requirements (Max: 2 points) Adherence to format, submission instructions, and completeness of all required proposal sections.

6. References & Client Feedback (Max: 1 point) Quality of feedback received from listed references regarding satisfaction, deliverables, and return on investment.

7. Customer Service & Account Management (Max: 11 points) Proposed account management structure, communication practices, escalation processes, and dedication of the assigned representative.

8. Budget Use & Vendor Compensation Model (Max: 9 points) Transparency of pricing, media buy markups, fee structure, and clarity of budget allocation strategy.

9. Cost (35 points) In accordance with Mississippi procurement requirements applicable to state agencies, cost shall carry thirty-five percent (35%) of the total evaluation weight. Because the budget for this project is fixed at a not-to-exceed amount of $600,000, all responsive offerors will receive the full thirty-five (35) cost points.

c. Written Evaluation Phase The evaluation committee will review and score each written qualifications submission using the Part 1 criteria above. Evaluators may document both strengths and deficiencies for each scored factor.

To advance to the live demonstration phase, a respondent must achieve a minimum written evaluation score of seventy-five (75) points.

d. Advancement to Live Demonstration Live demonstrations will be conducted with the three (3) highest-ranked respondents based on the Part 1 evaluation scores, provided each of those respondents has attained a minimum score of seventy-five (75) points. Should a tie occur for any position within the top three rankings, all respondents sharing the tied score shall advance to the live demonstration phase.

Part 2 — Live Demonstration (15 Points Total)

Invited respondents will be evaluated during the live demonstration phase using the following criteria:

Criterion Description Max

Points Live Digital Strategy Demonstration

Evaluate the depth and specificity of the offeror's live strategy demonstration as applied to MDWFP. The evaluation will consider whether the presentation goes beyond the written submission to show tools, platform capabilities, and real examples, including the specificity of strategy to MDWFP's mission and audience, live demonstration of platform tools or proprietary technology, the ability to articulate a seasonal advertising approach for hunting, fishing, and parks, and the clarity and confidence of the presenting team.

Live Reporting & Analytics Demonstration

Evaluate the sophistication and usability of the offeror's live reporting demonstration. The evaluation will consider whether the team demonstrates actual tools, dashboards, and client-facing reports that would be used for MDWFP, including a live walkthrough of a reporting dashboard or client portal, demonstration of KPI tracking and ROI methodology, an example of how data led to a mid-campaign strategic adjustment, and the quality and accessibility of sample reports shown.

Live Account Management Demonstration

Evaluate the account management team's communication, responsiveness, and service model as demonstrated live. The evaluation will consider whether the team inspires confidence in its ability to serve as a reliable long-term partner, including the introduction and qualifications of named account team members, clarity of the proposed onboarding process (30/60/90-day plan), response quality during Q&A, and staff continuity and escalation planning.

Total Part 2 Points 15

e. Selection Recommendations.

Following completion of both parts of the evaluation process, MDWFP will identify the respondent whose submission is determined to be the most advantageous to the State, taking into consideration the published evaluation criteria and total scoring results.

f. Notice of Intent to Award.

MDWFP intends to award one contract under this RFQ. Following completion of the evaluation process, DFA will issue a written Notice of Intent to Award to all offerors.

The Notice of Intent to Award shall be accompanied by the Evaluation Committee Report and notice that the Agency Procurement File is available on the Agency’s website, in accordance with applicable procurement rules. The Notice of Intent to Award is contingent upon any required reconsideration process, required approvals, and final execution of the contract.

g. Notice to Unsuccessful Offerors.

All unsuccessful offerors will be notified of the outcome of the evaluation process through the Notice of Intent to Award distribution process. The Evaluation Committee Report and Agency Procurement File shall be made publicly available in accordance with applicable procurement rules.

h. Request for Reconsideration.

Any request for reconsideration of the intent to award shall be governed by Attachment C and applicable procurement rules.

i. Reservation of Rights.

i. Rejection of Qualifications.

Issuance of this RFQ in no way constitutes a commitment by MDWFP to award a contract. The State reserves the right to accept or reject any or all qualifications submitted or to cancel this RFQ if it is in the best interest of MDWFP to do so. Further, MDWFP reserves the right to cancel or decline to enter into a contract with the successful Offeror at any time after the award is made and before the contract receives final approval from PPRB.

ii. Cancellation.

The State may cancel this RFQ at any time if the State determines that cancellation is in the best interest of the State. Following cancellation, the State may, at its discretion, re-issue this RFQ or issue another RFQ for the same or similar Deliverables.

iii. Offeror’s Cooperation.

Any Offeror has the duty to fully cooperate with MDWFP and provide any and all requested information, documentation, etc. to MDWFP when requested. This applies even if an eventual contract is terminated and/or a lawsuit is filed. Specifically, the Offeror shall not limit or impede MDWFP’s right to audit or to withhold MDWFP owned documents.

Attachment A, Specifications

1. Overview

The Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) is seeking a partnership with a qualified and experienced media buying agency to support its statewide and regional digital marketing efforts. The goal of this partnership is to enhance public engagement, increase revenue-generating activities (such as hunting and fishing license sales, and Mississippi State Park reservations), elevate brand awareness for the agency's diverse programs and offerings (including the Mississippi Natural Science Museum), and ultimately maximize the return on investment of our marketing budget.

2. Detailed Specifications

The selected media buying agency will be responsible for the strategic planning, purchasing, and placement of digital advertising across various platforms. The agency will work closely with MDWFP's marketing team and subject matter experts to execute campaigns aligned with our objectives and brand guidelines.

3. Qualifications Requirements and Format

To ensure a consistent and efficient review process, all proposals must adhere to the following mandatory outline:

• Executive Summary: (Maximum 1 page) o A brief overview of the agency's understanding of MDWFP's objectives and their proposed approach.

o Key highlights of their proposed strategy and team.

• Company Profile and Experience: (Maximum 4 pages) o Background and history of the agency. * Relevant experience working with similar organizations (e.g., government agencies, tourism boards, outdoor recreation brands, museums).

o Include at least three specific case studies with measurable results directly relevant to MDWFP's objectives.

o Team structure and key personnel who would be dedicated to the MDWFP account, including a detailed introduction of the proposed focused customer service representative, highlighting their experience and qualifications relevant to our needs.

o Include resumes or brief biographies of key team members. Offerors must list their principals, parent organizations, and subsidiaries.

For purposes of this RFQ, “principal” means any person or entity with a five percent (5%) or greater ownership interest in the offeror and any individual serving in a senior-level management position with authority to direct the offeror’s business operations or performance under any resulting contract.

• Understanding of MDWFP's Objectives and Target Audiences: (Maximum 1 page) o Demonstration of the agency's comprehension of MDWFP's goals for each campaign priority (license sales, park reservations, museum tickets, brand awareness), referencing the information provided in this RFQ.

o Detailed understanding of the identified target audience segments and their digital media consumption habits, with specific examples of how this understanding will inform their strategy.

• Proposed Digital Advertising Strategy: (Maximum 6 pages) o A detailed breakdown of the proposed strategies for each campaign objective, specifying the recommended digital channels (Social Media, Display, Radio, Streaming Video, etc.) and a clear rationale for their selection based on reaching the target audiences and achieving the desired actions.

o Explanation of how the agency will leverage data and insights for audience targeting, segmentation, and campaign optimization.

o Discussion of any innovative or alternative digital advertising platforms the agency proposes, along with evidence of their past success in similar applications.

o Preliminary thoughts on budget allocation across channels and priorities (recognizing that the agency will refine this based on their strategic planning).

• Measurement, Reporting, and Analytics: (Maximum 3 pages) o Description of the agency's approach to tracking and measuring the identified KPIs, including specific tools and methodologies.

o Examples of dashboard and report formats (weekly and monthly). Please include sample screenshots or mockups if available.

o Explanation of how the agency will provide consistent, comprehensive, and actionable insights beyond basic reporting, including examples of strategic recommendations they have provided to previous clients.

• Vendor Compensation and Budget Allocation: (Maximum 2 pages) o A clear and detailed breakdown of the agency's compensation model. This must explicitly state all fees, commissions, or other charges associated with their services (e.g., percentage of ad spend, fixed fees).

o Transparency regarding any potential markups on media buys. * While a detailed budget allocation proposal will be part of the strategic section, this section should solely focus on how the agency will be compensated for their work.

• Customer Service and Account Management: (Maximum 2 pages) o Detailed description of the support structure and the role of the dedicated customer service representative, including their anticipated communication plan, availability, and escalation processes.

o Highlight the experience and qualifications of the proposed dedicated representative.

• References: (Maximum 1 page) o Provide contact information (name, title, organization, email, phone number) for at least three relevant past clients who can speak to your agency's performance and service.

• Pricing Summary: (Maximum 1 page) o A concise summary of the total proposed cost structure based on the compensation model outlined in this RFQ.

4. Responsibilities of the Media Buying Agency

4.1. Strategic Media Planning:

• Develop comprehensive digital media plans for each of MDWFP's key priorities:

o Increasing hunting and fishing license sales.

o Increasing Mississippi State Park online reservations.

o Increasing Mississippi Natural Science Museum online ticket sales and event participation.

• Enhancing overall agency brand awareness and public engagement.

o Recommend the optimal mix of digital advertising channels (Social Media – Facebook, Instagram, YouTube; Display Advertising; Streaming and Terrestrial Radio with digital components; Streaming Video platforms; and potentially other proven digital avenues).

o Develop detailed targeting strategies to reach identified key demographics within Mississippi and neighboring states, as identified by MDWFP in this RFQ. Align media plans with specific campaign objectives and desired actions (e.g., driving online sales, reservations, website traffic, and engagement).

4.2. Media Buying and Placement:

• Negotiate and secure competitive rates for digital advertising placements.

• Execute media buys across approved platforms, ensuring accurate and timely implementation.

• Manage and optimize campaigns to maximize reach, engagement, and conversions.

• Ensure all placements adhere to MDWFP's brand guidelines and creative specifications, utilizing assets provided by MDWFP, Mississippi State Parks, and the Mississippi Natural Science Museum.

4.3. Performance Monitoring and Optimization:

• Continuously monitor campaign performance against established Key Performance Indicators (KPIs).

• Provide proactive insights and recommendations for campaign adjustments to improve effectiveness and ROI.

• Implement necessary optimizations based on performance data and MDWFP's feedback.

4.4. Reporting and Analytics:

• Establish and maintain a daily accessible performance dashboard.

• Provide comprehensive weekly reports detailing campaign activity and performance metrics.

• Deliver monthly presentations summarizing key insights, performance trends, and strategic recommendations.

• Ensure accurate tracking and reporting of campaign performance, integrating with MDWFP's existing tools where applicable:

o Hunting and Fishing Licenses: Direct connection to the online license sales tool and CRM for

ROI tracking via UTM parameters.

o Mississippi State Parks: Traffic tracking to the online reservation tool via UTM parameters. ROI tracking may require the use of promotional codes implemented by MDWFP.

o Mississippi Natural Science Museum: Traffic tracking to the online ticket sales platform via UTM parameters. ROI will be assessed through representational increases/decreases in website traffic and online sales.

4.5. Account Management and Customer Service:

• Assign a dedicated customer service representative who will serve as the primary point of contact for MDWFP.

• The representative must possess a strong understanding of the digital advertising industry and

MDWFP's objectives.

• Provide proactive communication, timely responses, and strategic guidance to consistently improve campaign efforts and ROI.

• Demonstrate the ability to quickly understand performance data and implement necessary campaign modifications.

5. Responsibilities of MDWFP:

5.1. General:

• Provide the media buying agency with all necessary brand guidelines, visual assets (logos, imagery, video), and approved messaging for each campaign.

• Ensure timely delivery of creative assets in the required formats.

• Provide access to relevant data and insights from existing marketing efforts and internal systems where applicable.

• Actively participate in regular communication and strategy discussions with the agency.

• Provide timely feedback and approvals on media plans and campaign performance.

• For Mississippi State Parks, MDWFP will be responsible for implementing and managing any promotional codes used for ROI tracking.

5.2. Target Audience & Campaign Priorities:

• Hunting License Sales: Targeting resident and non-resident hunters with specific interests and geographic concentrations.

• Fishing License Sales: Targeting resident and non-resident anglers interested in freshwater and potentially saltwater fishing opportunities.

• Mississippi State Park Reservations: Targeting families, outdoor enthusiasts, retirees, young adults, and local residents for cabin, campsite, and event reservations.

• Mississippi Natural Science Museum Ticket Sales and Event Participation: Targeting families, school groups, science enthusiasts, tourists, and local residents.

• Overall Brand Awareness and Public Engagement: Broadly targeting Mississippi residents and key out-of-state audiences to elevate awareness of MDWFP's diverse programs and offerings, tracked through annual awareness surveys, website visits, social media growth, and Mississippi Outdoors Media viewership/subscriptions.

6. Key Performance Indicators (KPIs):

• Total reach and impressions

• Engagement metrics such as social interactions and click-through rates

• Campaign-specific conversions (license purchases, park reservations, museum ticket sales)

• Website traffic and user behavior

• Improvements in brand awareness and recall (measured annually)

• Measurable return on investment (ROI) where directly trackable (e.g., hunting/fishing licenses)

• The agency’s ability to provide clear, consistent, and actionable reporting and insights

7. Annual Media Budget and Contract Term:

The anticipated media spend for this initiative is $200,000 annually over a three-year contract period, totaling $600,000. The selected vendor will be responsible for proposing the optimal allocation of this annual budget across various digital channels and campaign priorities based on their expertise and available data.

8. Vendor Eligibility:

DFA welcomes proposals from both in-state and out-of-state media agencies that demonstrate a deep understanding of our audience, campaign objectives, and the ability to deliver innovative and effective digital advertising solutions.

Attachment B, RFQ Standard Terms and Conditions I. Governing Law and Venue

a. All activities associated with this procurement shall be interpreted under Mississippi Law, including but not limited to Section 31-7-13(c), Mississippi Code of 1972, Annotated and Mississippi Procurement Rules and Regulations 3.106, if applicable; purchasing rules and regulations; executive orders; terms and conditions; and specifications listed in this RFQ.

b. Offeror and Offeror’s participation in this RFQ must comply with all applicable federal, state, and local laws, rules, and policies.

II. RFQ Documents

A. RFQ Website.

The RFQ Website and the MDWFP Qualifications Page are the only two sources for official RFQ documents and updates.

A legal notice will also be advertised in a local newspaper of the agency’s choosing.

B. RFQ Addenda.

MDWFP reserves the right to amend this RFQ by written addendum. Offerors are responsible for monitoring the applicable procurement posting locations for any addenda. No oral statement, clarification, or interpretation shall be binding unless incorporated into a written addendum issued by MDWFP. Any amendment shall be distributed and posted in accordance with applicable procurement rules. If an amendment is issued within less than fourteen (14) calendar days prior to the submission deadline, MDWFP will make any determination and deadline adjustment required by applicable procurement rules.

C. Waiver of Minor Informalities.

DFA reserves the right, at its sole discretion, to waive minor informalities contained in any qualifications.

D. Conflicts and Issues.

Conflicts and issues should be brought to the attention of MDWFP using the process described in this RFQ for asking questions or, if applicable, by filing a request for reconsideration using the process described in Attachment C, Request for Reconsideration Information.

III. Qualifications.

a. Late Delivery or Non-delivery of Qualifications. Late qualifications are defined as any submission received after the time and date set for receipt of qualifications is late. Any withdrawal or modification of a submitted qualifications received after the time and date set for opening of qualifications at the place designated for opening is late. A qualifications received at the place designated in the solicitation for receipt of qualifications after the exact time specified for receipt will not be considered unless it is the only qualification received, or it is received before award is made and was sent by registered or certified mail not later than the fifth calendar day before the https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=4ab4c15c-c351-4f29-82b4-1b08b6790446&nodeid=AARAAEAABAAL&nodepath=%2FROOT%2FAAR%2FAARAAE%2FAARAAEAAB%2FAARAAEAABAAL&level=4&haschildren&populated=false&title=%C2%A7%2B31-7-13.%2BBid%2Brequirements%2Band%2Bexceptions%3B%2Bpublic%2Bauctions%2B%5BParagraph%2B(m)(xxxviii)%2Brepealed%2Beffective%2BJune%2B30%2C%2B2023%5D.&config=00JABhZDIzMTViZS04NjcxLTQ1MDItOTllOS03MDg0ZTQxYzU4ZTQKAFBvZENhdGFsb2f8inKxYiqNVSihJeNKRlUp&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A67V7-YPC3-CGX8-00KS-00008-00&ecomp=bgf5kkk&prid=984e4bb8-059c-40a5-b4de-6421c39e9a51 https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/procurement-manual.pdf https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/procurement-manual.pdf https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False https://www.mdwfp.com/bid-opportunities date specified for receipt of qualifications. It must be determined by MDWFP that the late receipt was due solely to mishandling by MDWFP after receipt at the specified address. The only acceptable evidence to establish the date of mailing of a late qualifications 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 package shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression, exclusive of a postage meter impression, that is readily identifiable without further action as having been supplied and affixed by the U.S. Postal Service on the date of mailing. Offerors 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. The only acceptable evidence to establish the time of receipt at the office identified for qualifications opening is the time and date stamp of that office on the qualifications wrapper or other documentary evidence of receipt used by that office.

b. Legibility/Clarity. Responses to the requirements of this RFQ in the formats requested are desirable with all questions answered in as much detail as practicable. The Offeror’s response is to demonstrate an understanding of the requirements. Qualifications prepared simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFQ is also desired. Each Offeror is solely responsible for the accuracy and completeness of its qualifications.

c. Errors and Omissions in Qualifications. MDWFP will not be liable for any errors or omissions in the qualifications. Offeror will not be allowed to alter qualifications documents after the deadline for qualifications submission, except under the following condition: The State reserves the right to make corrections or clarifications where it is clearly evident, this includes but is not limited to typographical error and mathematical errors, as listed in Mississippi Procurement Manual Section 3.106.12.4(2) and 3.106.13.4 (3). The State, at its option, has the right to request clarification or additional information from the Offeror.

d. Qualifications Changes Prior to Opening.

• MAGIC Qualifications. The Offeror may make changes within MAGIC at any time prior to qualifications opening by editing the response.

• Hard Copy Qualifications. See Attachment D, Hard Copy Qualifications Submittal for details regarding changes prior to qualifications opening.

e. Qualifications Withdraw Prior to Opening.

• MAGIC Qualifications. An Offeror may withdraw a qualifications that has been submitted at any time up to the qualifications opening date and time. To accomplish this, simply follow the option outlined on the RFx response to formally withdraw.

• Hard Copy Qualifications. See Attachment D, Hard Copy Qualifications Submittal for details regarding withdrawal of qualifications prior to qualifications opening.

f. Material in the RFQ. Qualifications shall be based only on the material contained in this RFQ. The RFQ includes official responses to questions, addenda, and other material, which may be provided by MDWFP pursuant to this RFQ.

https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/procurement-manual.pdf https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/procurement-manual.pdf https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/procurement-manual.pdf

g. Qualifications Development Costs. DFA and MDWFP shall not be liable for any costs incurred by prospective Offerors in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

h. Qualifications Contact. Offerors should ensure that the contact information associated with the Offeror’s MAGIC account is current throughout the RFQ process. The Qualifications Contact identified by Offeror in Part 1, Offeror Information, Acknowledgements, and Certifications of Attachment E, Qualifications, must be able to respond timely to communications from the State. Offeror must, within 24 hours, notify MDWFP of any change to Offeror’s Qualifications Contact. Offeror is wholly responsible for ensuring communications received by Offeror’s Qualifications Contact are reviewed and addressed timely by the appropriate personnel.

i. Qualifications Validity. All qualifications shall be considered valid for acceptance until such time an award is made.

IV. Clauses

a. ACKNOWLEDGMENT OF AMENDMENTS. Offerors shall acknowledge receipt of any amendment to the RFQ in writing. The acknowledgement shall be submitted as part of the offerors submission. Each offeror shall submit a written acknowledgement of every amendment to the Mississippi Department of Finance and Administration on or before the submission deadline.

b. ADDITIONAL INFORMATION. Questions about the contract portions of the qualifications document must be submitted in writing to Shannon Smith at OSSS@dfa.ms.gov. Questions concerning the technical portions of the qualifications document should be directed to Shannon Smith at OSSS@dfa.ms.gov. Offerors are cautioned that any statements made by the contract or the technical contact person that materially change any portion of the qualifications document shall not be relied upon unless subsequently ratified by a formal written amendment to the qualifications document.

c. 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.

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

e. AVAILABILITY OF FUNDS. It is expressly understood and agreed that the obligation of MDWFP to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal 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, MDWFP shall have the right upon ten (10) business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to MDWFP of any kind whatsoever.

The effective date of termination shall be as specified in the notice of termination.

f. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION. By submitting a qualification, the offeror 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.

g. COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY. Contractor understands that the MDWFP 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.

h. 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.

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

j. 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 law on “Timely Payments for Purchases by Public Bodies,” which generally provides for payment of undisputed amounts by the agency within forty-five (45) days of receipt of invoice. Mississippi Code Annotated § 31-7-301, et seq.

k. E-VERIFICATION. If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3.

Contractor agrees to provide a copy of each verification upon request of the MDWFP 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.

l. 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.

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

n. INDEMNIFICATION. To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the MDWFP its commissioners, board members, officers, https://law.justia.com/codes/mississippi/2019/title-31/chapter-7/timely-payment-for-purchases-by-public-bodies/section-31-7-301/ https://law.justia.com/codes/mississippi/2019/title-31/chapter-7/timely-payment-for-purchases-by-public-bodies/section-31-7-301/ employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor and/or its partners, principals, agents, employees and/or subcontractors in the performance of or failure to perform this agreement. In the MDWFP’s sole discretion, upon approval of the Office of the Mississippi Attorney General and the MDWFP, Contractor may be allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc., Contractor shall use legal counsel acceptable to the Office of the Mississippi Attorney General and the MDWFP. Contractor shall be solely responsible for all costs and/or expenses associated with such defense, and the MDWFP shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc. without the concurrence of the Office of the Mississippi Attorney General and the MDWFP, which shall not be unreasonably withheld.

o. MINOR INFORMALITIES AND IRREGULARITIES. The MDWFP has the right to waive minor defects or variations of a qualification from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any offeror. If insufficient information is submitted by an offeror for the MDWFP to properly evaluate the offer, the MDWFP has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any offeror. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

p. REPRESENTATION REGARDING CONTINGENT FEES. By responding to the solicitation the offeror represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the offeror cannot make such a representation, a full and complete explanation shall be submitted in writing with the offeror’s response.

q. PAYMODE. Payments by MDWFP using the State’s accounting system shall be made and remittance information provided electronically as directed by the state and deposited into the bank account of Contractor’s choice. The MDWFP 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.

r. PROCUREMENT REGULATIONS. This solicitation 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 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.

s. 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 RFQ has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. The MDWFP is under no obligation to award a contract and may terminate a legally executed contract at any time.

t. REPRESENTATION REGARDING GRATUITIES. Offeror represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MDWFP a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Offeror further represents that no employee or former employee of MDWFP 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 http://www.dfa.ms.gov/ former employee in the future, if any, will be rejected by offeror. Offeror 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.

u. REQUIRED PUBLIC RECORDS AND TRANSPARENCY. Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25- 61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available for at the Agency for examination, inspection, or reproduction by the public. The offeror acknowledges and agrees that the MDWFP 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.

v. STOP WORK ORDER. MDWFP 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.