RFQF WELCH ALLYN BLOOD PRESSURE EQUIPMENT OR EQUIVALENT.pdf

RFX # Welch Allyn Blood Pressure Equipment Page 1 of 40

SOLICITATION: Request for Quote Formal (RFQF) Reverse Auction

SOLICITATION: RFX 3140004380

DESCRIPTION: Welch Allyn Blood Pressure Equipment or Equivalent

ISSUE DATE: September 18, 2025

RFQF CLOSING LOCATION: Mississippi Veteran Affairs 120 North State Street Jackson, MS 39201

RFQF COORDINATOR: Edward Williams Telephone: 601-576-4862 Email:

contractpurchasing1@msva.ms.gov

CLOSING DATE AND TIME: October 9, 2025, 4:00 PM CT

RFX # Welch Allyn Blood Pressure Equipment Page 2 of 40

SECTION I

GENERAL CONDITIONS – REVERSE AUCTIONS

ALL BIDS SUBMITTED SHALL BE IN COMPLIANCE WITH ALL CONDITIONS SET FORTH HEREIN.

THE BID PROCEDURES FOLLOWED BY THIS OFFICE WILL BE IN ACCORDANCE WITH THESE

CONDITIONS. THEREFORE, ALL BIDDERS ARE URGED TO READ AND UNDERSTAND THESE

CONDITIONS PRIOR TO SUBMITTING A BID.

1. Definitions The use of the word “agency” in any Bid Invitation solicitation or specification shall be intended to mean state agencies only. The words “governing authority” when used shall be intended as meaning city, county or other local entities.

2. Preparation of Bids

2.1 Bids and/or Quotes may be submitted through the State of Mississippi’s e- procurement system (MAGIC), via email, or in person to the Mississippi Veteran Affairs, Purchasing Department (“MSVA”). Paper bids are allowed. All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed, in ink, by the person signing bid.

2.2 To submit bids electronically, bidders must ensure they are registered in the MAGIC system and have received a login, password, and supplier number and that all technical requirements have been met.

2.3 If a bidder is unwilling or unable to participate through MAGIC, an MSVA representative can enter the Vendor’s bid(s) manually (i.e. Surrogate bidding).

2.4 Bidders participating in person by surrogate bidding must so indicate in their response to the initial Request for Quote-Formal (RFQF).

2.5 Failure to examine any drawings, specifications, and instructions will be at bidder's risk.

2.6 Price each item separately. Unit prices shall be shown. Bid prices must be net.

2.7 It is understood that reference to available specifications shall be sufficient to make the terms of such specifications binding on the bidder.

2.8 Bidders must furnish all information requested in the bid specifications. Further, when required, each bidder must submit for bid evaluation cuts, sketches, descriptive literature and technical specifications covering the product offered.

Reference to literature submitted with a previous bid or on file with MSVA will not satisfy this provision.

2.9 Samples of items, when requested, must be furnished free of expense, and if not destroyed in testing will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within ten (10) days following opening bids.

Each individual sample must be labeled with bidder's name, manufacturer's brand name and number, State of Mississippi commodity number, bid number and item reference.

2.10 Time of performance. The number of calendar days in which delivery will be made after receipt of order shall be indicated in the bid specifications.

RFX # Welch Allyn Blood Pressure Equipment Page 3 of 40

3. Bid Submission

3.1 When submitting a bid electronically, the authorized signature may be typed or be an electronic signature.

3.2 Bids and modifications or corrections received after the closing time specified will not be considered.

3.3 When submitting the response to the RFQF in MAGIC, bidder must ensure all questions have been answered within the RFQF and all proposed items in the bid have a response.

3.4 Bidders submitting paper responses should submit responses to the MSVA by the response deadline. The bid package must be sealed and must contain the following:

• Bid Cover Sheet (Attachment A)

• Bid Form (Attachment B)

• Execution of Bid (Attachment C)

• Completed specifications checklist

4. Acceptance of Bids

MSVA reserves the right to reject any and all bids, to waive any informality in bids and unless otherwise specified by the bidders, to accept any items on the bid. The MSVA reserves the right to modify or cancel in whole or in part its Invitation for Bids.

If a bidder fails to state the time within which a submitted bid will expire, it is understood and agreed that the MSVA shall have 60 days to accept.

5. Error in Bid

If a vendor is participating in a Live Auction, the vendor can notify MSVA in the event of an erroneous bid via the chat message feature. Erroneous bids, where the mistake is apparent to MSVA, may be deleted during the live auction.

6. Special Discount Period

Time in connection with a special discount offered will be computed from date of delivery at destination or from the date correct invoices are received, if the latter date is later than the date of delivery. Cash discounts will not be considered in the award process.

7. Award

7.1 Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications, except as otherwise specified in the bid specifications. Where more than one item is specified in the specifications, MSVA reserves the right to determine the low bidder either on the basis of the individual item(s) or on the basis of all items included in its Invitation for Bids, or as expressly provided in MSVA’s Invitation for Bids.

7.2 Unless the bidder specified otherwise in the bid, MSVA may accept any item or group of items of any kind.

7.3 A written purchase order or contract award furnished to the successful bidder within the time of acceptance specified in the Invitation for Bid results in a binding contract without further action by either party. The contract shall consist solely of these General Conditions, the Instructions and Special Conditions, the successful bidder’s bid, and the written purchase order or contract award. The contract shall

RFX # Welch Allyn Blood Pressure Equipment Page 4 of 40 not be assignable in whole or in part without the written consent of MSVA.

7.4 Suppliers should be advised that no award will automatically result from a reverse auction, and that the purchasing entity will review the results of the auction and make a determination in a timely manner.

8. Inspection

Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship shall be subject to inspection and test at all times and places, and when practicable. During manufacturing, the right is reserved to reject articles which contain defective material and workmanship.

Rejected material shall be removed by and at the expense of the contractor promptly after notification or rejection. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the MSVA or any subdivision thereof for such materials or supplies as are not in accordance with the specification. In the event necessity requires the use of materials or supplies not conforming to the specification, payment therefore may be made at a proper reduction in price.

9. Taxes

The MSVA is exempt from federal excise taxes and state and local sales or use taxes and bidders must quote prices which do not include such taxes. Exemption certificates will be furnished upon request. Contractors making improvements to, additions to or repair work on real property on behalf of the MSVA are liable for any applicable sales or use tax on purchase of tangible personal property for use in connection with the contracts.

Contractors are likewise liable for any applicable use tax on tangible personal property furnished to them by the MSVA for use in connection with their contracts.

10. Gifts, Rebate, Gratuities

10.1 Acceptance of gifts from bidders is prohibited. No officer or employee of the MSVA, nor any head of any state department, institution or agency, nor any employee of any state department, institution or agency charged with responsibility of initiating requisitions, shall accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract for the purchase of materials, supplies, or equipment for the State of Mississippi may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future rewards or compensation.

10.2 Bidding by state employees is prohibited. It is unlawful for any state official or employee to bid on, or sell, or offer for sale, any merchandise equipment or material, or similar commodity to the State during the tenure of his or her office or employment, or for the period prescribed by law thereafter, or to have any interest in the selling of the same to the State.

RFX # Welch Allyn Blood Pressure Equipment Page 5 of 40

11. Bid Information Bid information and documents may be examined pursuant to the Mississippi Public Records Act of 1983, MS Code 25-61-1 et seq.

12. Precedence

Bids shall be made and the contract shall be entered into in accordance with the General Conditions as hereinafter amended and modified. Should a conflict exist between the General Conditions and the Instructions and Special Conditions, the Instructions and Special Conditions shall take precedence.

13. Competition

There are no federal or state laws that prohibit bidders from submitting a bid lower than a price or bid given to the U.S. Government. Bidders may bid lower than U.S. Government contract price without any liability as the State is exempt from the provisions of the Robinson-Patman Act and other related laws. In addition, the U.S. Government has no provisions in any of its purchasing arrangements with bidders whereby a lower price to the State must automatically be given to the U.S. Government.

14. Waiver

MSVA reserves the right to waive any General Condition, Special Condition, or minor specification deviation when considered to be in the best interest of the State.

15. Cancellation

Any contract or item award may be canceled with or without cause by the MSVA with the giving of 30 days written notice of intent to cancel. Cause for the MSVA to cancel may include, but is not limited to, cost exceeding current market prices for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions. The Contractor will be required to honor all purchase orders that were prepared and dated prior to the date of expiration or cancellation if received by the Contractor within a period of 30 days following the date of expiration or cancellation. Cancellation by the MSVA does not relieve the Contractor of any liability arising out of a default or nonperformance. If a contract is canceled by the MSVA due to a Contractor’s request for increase in prices or failure to perform, that Contractor will be disqualified from bidding for a period of 24 months. The Contractor may cancel a contract for cause with the giving of a 30-day written notice of intent to cancel. Cause for the Contractor to cancel may include, but is not limited to the item(s) being discontinued and/or unavailable from the manufacturer.

16. Substitutions during Contract

During the term of a contract, if adequate documentation is provided that supports the claim that the contract item(s) are not available, items which meet the minimum specifications may be substituted if approved by MSVA and the substitutions are deemed to be in the best interest of the State.

17. Application

It is understood and agreed by the bidder that any contract entered into as a result of this Invitation for Bids is established for use by state agencies and all purchases made by these agencies for products included under the provisions of the contract shall be purchased from

RFX # Welch Allyn Blood Pressure Equipment Page 6 of 40 the bidder receiving the award unless exempt by special authorization from the

MSVA.

Under the provisions of Section 31-7-7 Mississippi Code of 1972, Annotated, the prices offered herein shall be extended to the governing authorities. However, the governing authorities, by provisions of Section 31-7-12 Mississippi Code, may purchase products covered by state contracts from any source offering an identical product at a price that does not exceed the state contract price.

Employees of the MSVA have acted exclusively as agents of the State for the award, consummation, and administration of the contract and are not liable for any performance or nonperformance by the state agencies that utilize the contract.

18. Addenda

Addenda modifying plans and/or specifications may be issued if time permits. No addendum will be issued within a period of two (2) working days prior to the time and date set for the bid opening. Should it become necessary to issue an addendum within the two

(2) day period prior to the bid opening, the bid date will be reset to a date not less than five

(5) working days after the date of the addendum, giving bidders ample time to comply with the addendum. When replying to a bid request on which an addendum has been issued, and the specifications require acknowledgement, the bid shall indicate that provisions of the addendum have been noted and that the bid is being offered in compliance therewith.

Failure to make this statement may result in the bid being rejected as not being in accordance with the revised specifications or plans.

19. Nonresponsive Bids

Nonresponsive bids will not be considered. A non-responsive bid is considered to be a bid that does not comply with the minimum provisions of the specification. Any bidder found to repeatedly offer alternated products that are not compliant with specifications in an attempt to obtain a contract on the basis of pricing only will be disqualified from bidding for a period of 24 months.

20. Specification Clarification

It shall be incumbent upon all bidders to understand the provisions of the specifications and to obtain clarification prior to the time and date set for the live auction or bid opening.

Such clarification will be answered only in response to a written request submitted in the specified amount of time set by the MSVA. The MSVA reserves the right to specify a time frame in which clarification request shall be made.

21. Pre-Qualification Process

21.1 The purpose of the RFQF is to advertise the competitive procurement for solicitation of formal quotes from potential bidders to participate in the Reverse Auction. The MSVA will be responsible for defining product categories, adding bidders, and publishing all bid related documents to the procurement portal. Once the responses have been received and the Opening Date has been reached, the MSVA will review the submissions to qualify bidders and determine a starting price for reverse auction items.

RFX # Welch Allyn Blood Pressure Equipment Page 7 of 40

21.2 The Invitation for Bids/RFQF shall be advertised in accordance with Section

3.106.05.4 of the Mississippi Procurement Manual. The MSVA shall advertise once each week for two (2) consecutive weeks in accordance with Section 31-7-13(c)(i)(1) of the Miss. Code Ann. Responses to the RFQF will be due no earlier than the 8th working day after the last day of advertisement.

21.3 The initial response to the Invitation for Bids shall include a proposed product, including specifications and/or samples, for the purchasing entity to evaluate and determine responsiveness to requirements. Responses to the RFQF will be reviewed by the MSVA for responsiveness to specifications. Once a supplier’s product is determined to be responsive, the supplier may participate in the reverse auction.

Price quotes received will be evaluated in conjunction with other market research to determine the starting price for the Auction.

21.4 The MSVA will accept bidder responses in MAGIC who have qualified meeting RFx specifications. Bidders not meeting specifications will not be allowed to participate in the Auction.

21.5 Once qualified, the MSVA will notify the vendor of Qualification and the date of the Live Auction via email. After receiving the confirmation email, bidders should review/ensure technical requirements for MAGIC have been met or confirm participation in person.

21.6 It is requested that bids be submitted on the basis of statewide distribution.

Contractors must maintain adequate distribution capabilities and adequate stock of all items to insure prompt delivery.

22. Firm Bid Price

Prices accepted from bidder submissions shall be firm for the term of the contract except that the State shall receive the benefit of any price decrease in excess of five (5) percent.

The contractor must provide written price reduction information within ten (10) days of its effective date.

23. Contract Extension

23.1 Automatic contract renewals or extensions are not allowed. Contracts must be extended or renewed with the proper documents signed or approved by the MSVA.

23.2 The MSVA reserves the right to extend the term of a contract, when necessary, to continue a source of supply whenever new or replacement contracts are not completed prior to the expiration date. Such extensions are dependent upon the agreement of the Contractor and shall not exceed three (3) months.

24. Suspension and Debarment

By submitting a bid, the bidder is certifying that neither the bidder nor any potential subcontractors are debarred or suspended or are otherwise excluded from or ineligible for participation in federal assistance programs.

25. Assignment

The Contractor shall not assign or subcontract in whole or in part, its right or obligations under this agreement without prior written consent of the MSVA.

RFX # Welch Allyn Blood Pressure Equipment Page 8 of 40

26. Indemnification

Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the MSVA, its Commissioners, Board Members, officers, employees, agents, and representatives 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’s and/or its partners, principals, agents, employees, and/or subcontractors in the performance of or failure to perform this Agreement. In the MSVA’s sole discretion, 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 MSVA; Contractor shall be solely liable for all reasonable costs and/or expenses associated with such defense and the MSVA shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without t the MSVA’s concurrence, which the MSVA shall not unreasonably withhold.

27. Live Auction

27.1 Notification of Auction Start date and time will be sent via email to qualifying bidders. If a bidder is unwilling or unable to participate through MAGIC, a representative from the MSVA can enter the Vendor’s bid(s) manually (i.e.

Surrogate Bidding). If a bidder elects to participate via Surrogate Bidding, the bidder must be physically present at the public bidding location, with the means to submit written bids for each offer made and signed by an authorized agent of the Vendor.

A Bid Form will be provided to the Vendor at the start of the auction. This form will not be returned to the bidder but will become a part of the Bid Documentation for Evaluation by the MSVA.

27.2 The Auction time may be extended at the discretion of the MSVA. Examples of reasons to extend an auction include, but are not limited to, technical difficulties experienced by the MSVA or bidder, the need to pause the Auction, or bids placed within the last few moments of bidding.

27.3 Communication with bidders participating electronically during the Auction may be done via the Live Chat Feature. The MSVA has the ability to send messages to particular bidders or broadcast to all bidders. Bidders can ONLY communicate with the MSVA and not other bidders.

27.4 Bidders may be removed from a Live Auction for improper conduct, including but not limited to profanity, threats, consistently entering erroneous or extremely low bids, or other disruptive behavior.

28. The Timing of the Auction (RA Requirement). The Invitation For Bids Shall Be Advertised

In accordance with Section 3.106.05.4 herein, and the deadline to receive initial responses by suppliers shall be due no earlier than the 8th working day after the last day of advertisement. After such deadline has passed, the submissions shall be taken under advisement for prequalification. The reverse auction should occur only after the purchasing agent has had sufficient time to prequalify the suppliers. Such anticipated time shall be included in the Invitation for Bids Packet; however, the purchasing agent should reserve the right to extend the auction date if necessary to complete prequalification.

RFX # Welch Allyn Blood Pressure Equipment Page 9 of 40

29. Quotes (RA Requirement) - Responding suppliers must provide a quote with the initial response. Quotes are utilized by the purchasing agent to determine market pricing and set the auction parameters (e.g., Start Price).

30. Force Majeure

If the MSVA is closed for any reason, including but not limited to: acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (the “Force Majeure Events”), which closure prevents the opening of bids at the advertised date and time, all bids received shall be publicly opened and read aloud on the next business day that the agency shall be open and at the previously advertised time. The new date and time of the bid opening, as determined in accordance with this paragraph, shall not be advertised, and all bidders, upon submission of a bid proposal, shall be deemed to have knowledge of and shall have agreed to the provisions of this paragraph. Bids shall be received by the agency until the new date and time of the bid opening as set forth herein. The MSVA shall not be held responsible for the receipt of any bids for which the delivery was attempted and failed due to the closure of the MSVA as a result of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid by the MSVA prior to the new date and time of the live auction or bid opening.

RFX # Welch Allyn Blood Pressure Equipment Page 10 of 40

1. Purpose

SECTION II

INSTRUCTIONS AND SPECIAL CONDITIONS

The Mississippi Veteran Affairs requests sealed bids for Welch Allyn Blood Pressure Equipment or Equivalent & Accessories. It is understood that any contract resulting from RFX requires approval by the Office of Purchasing, Travel and Fleet Management (OPTFM).

If any contract resulting from RFX is not approved by the OPTFM, it is void and no payment shall be made. (a Beds or Equivalent)

2. Scope of Services

The specifications set forth herein as “Section III” represent a minimum of required equipment and operational needs of the Mississippi Veteran Affairs. The bidder may propose options above and beyond these specifications that best suit MSVA’s interests as determined by the agency. If cancellation of award occurs, a new award will be made to the next lowest bidder meeting required specifications. Please respond “Yes” or “No” to indicate compliance to the specifications for each listed criterion and add comments as needed.

3. Bid Acceptance Period

The bid cover sheet, the bid form, and the execution of bid form, shall be signed and submitted in a sealed envelope or package to the Mississippi Veteran Affairs, 120 North State Street, Jackson, MS 39201, no later than the time and date specified for receipt of bids. Timely submission of the bid forms is the responsibility of the bidder. Bids received after the specified time shall be rejected and returned to the bidder unopened. The envelope or package shall be marked with the bid opening date and time, and the number of the invitation for bid. The time and date of receipt shall be indicated on the envelope or package by Support Services. 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 shall be considered just cause for rejection of the bid. Modifications or additions to any portion of the procurement document may be cause for rejection of the bid. The MSVA 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 precondition to bid acceptance, the MSVA 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.

RFX # Welch Allyn Blood Pressure Equipment Page 11 of 40

3.1 Timeline

Start Date September 18, 2025 First Date of Advertisement: September 18, 2025 Second Date of Advertisement September 25, 2025 Bidder Submission Deadline Date and Time October 9, 2025, 4:00 p.m. CT Opening Date and Time October 9, 2025, 4:00 p.m. CT Email sent to Qualified Bidders of Auction Start Date/Time

October 13, 2025

Tentative Reverse Auction Start Date/Time October 16, 2025, 3:30-4:00 p.m.

Bid Evaluations October 20-21, 2025 Contract Intent to Award October 23, 2025 Contract Approval Unexecuted contract will require additional approval from DFA before it is awarded.

3.2. Late Submissions

A bid received at the place designated in the solicitation for receipt of bids after the exact time specified for receipt will not be considered unless it is the only bid received, or it is received before award is made and was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of bids. It must be determined by the MSVA that the late receipt was due solely to mishandling by the MSVA after receipt at the specified address. The only acceptable evidence to establish the date of mailing of a late bid 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.

Bidders should request postal clerks to place a hand cancellation postmark (often called a bull’s eye) on both the receipt and the envelope or wrapper. 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.

4. Expenses Incurred In Preparing Bid

The MSVA accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

5. Bid Form

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

RFX # Welch Allyn Blood Pressure Equipment Page 12 of 40

5.1.1 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.

6. Registration with Mississippi Secretary of State

By submitting a bid, the bidder certifies that it is registered to do business in the State of Mississippi as prescribed by the Mississippi Secretary of State or, if not already registered, that it will do so within seven (7) business days of being offered an award. Sole proprietors are not required to register with the Mississippi Secretary of State.

7. Additional Information

Questions and requests for clarification must be submitted in writing to Edward Williams at contractpurchasing1@msva.ms.gov. Bidders are cautioned that any statements made by contact persons that cause a material change to any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

8. Applicable Law. This contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflict of laws provisions, and any litigation with respect thereto shall be brought in the courts of the State. Contractor shall comply with applicable federal, state and local laws and regulations.

9. Availability of Funds. It is expressly understood that the obligation of the MSVA 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 fulfillment of the agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi, to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to the MSVA, the MSVA shall have the right upon ten (10) working days’ notice to the Independent Contractor, to terminate this agreement without damage, penalty, cost or expenses to the MSVA of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

10. Compliance with Laws. Contractor understands that the MSVA is an equal opportunity employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful and contractor agrees during the term of the agreement that contractor will strictly adhere to this policy in its employment practices and provision of services. Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state of Mississippi, and local laws and regulations, as now existing and as may be amended or modified.

11. 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,” Mississippi Code Annotated § 31-7-301, et seq., 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..

mailto:contractpurchasing1@msva.ms.gov.

RFX # Welch Allyn Blood Pressure Equipment Page 13 of 40

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

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

b. the loss of any license, permit, certification or other document granted to Contractor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year; or,

c. both. In the event of such cancellation/termination, Contractor would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit to do business in the State.

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

13. Force Majeure. Each party shall be excused from performance for any period and to the extent that it is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond the reasonable control and without the fault or negligence of such party and/or its subcontractors. Such acts shall include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (“force majeure events”).

When such a cause arises, Contractor shall notify the State immediately in writing of the cause of its inability to perform, how it affects its performance, and the anticipated duration of the inability to perform. Delays in delivery or in meeting completion dates due to force majeure events shall automatically extend such dates for a period equal to the duration of the delay caused by such events, unless the State determines it to be in its best interest to terminate the agreement.

14. Independent Contractor Status. Contractor shall, at all times, be regarded as and shall be legally considered an independent contractor and shall at no time act as an agent or employee of MSVA. Nothing contained herein shall be deemed or construed by MSVA, Contractor, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar such relationship between the MSVA and Contractor. Neither the method of computation of fees or other charges, nor any other provision contained herein, nor any acts of the MSVA or Contractor hereunder creates, or shall be deemed to create

RFX # Welch Allyn Blood Pressure Equipment Page 14 of 40 a relationship other than the independent relationship of the MSVA and Contractor.

Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of the State. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of the MSVA, and the MSVA shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees. The MSVA shall not withhold from the contract payments to Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, the MSVA shall not provide to Contractor any insurance coverage or other benefits, including Worker’s Compensation, normally provided by the State for its employees. All of the Contractor’s activities will be at its own risk and Contractor is hereby given notice of its responsibility for arrangement to guard against physical, financial, and other risks as appropriate. Contractor shall observe and abide by all applicable laws and regulations including, but not limited to, those of MSVA relative to conduct on its premises.

15. Modification or Renegotiation. This agreement may be modified only by written agreement signed by the parties hereto. The parties agree to renegotiate the agreement if federal and/or state revisions of any applicable laws or regulations make changes in this agreement necessary.

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

For MVSA: For Contractor:

Mark Smith, Executive Director 120 North State Street

17. Paymode. Payments by state agencies using the State’s accounting system shall be made and remittance information provided electronically as directed by the State. These payments shall be deposited into the bank account of Contractor’s choice. The State may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this Agreement. Contractor understands and agrees that the State is exempt from the payment of taxes. All payments shall be in United States currency.

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

RFX # Welch Allyn Blood Pressure Equipment Page 15 of 40

19. Termination for Convenience.

a. Termination. The MSVA Head or designee may, when the interests of the State so require, terminate this contract in whole or in part, for the convenience of the State.

The MSVA Executive Director or designee shall give written notice of the termination to contractor specifying the part of the contract terminated and when termination becomes effective.

b. Contractor's Obligations. The contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the contractor will stop work to the extent specified. The contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work.

The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The MSVA Executive Director or designee may direct the contractor to assign the contractor’s right, title, and interest under terminated orders or subcontracts to the State. The contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

20. Termination for Default.

a. Default. If Contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract or any extension thereof, or otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the MSVA Executive Director or designee may notify Contractor in writing of the delay or nonperformance and if not cured in ten (10) days or any longer time specified in writing by the MSVA Executive Director or designee, such officer may terminate Contractor’s right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part, the MSVA Executive Director or designee may procure similar supplies or services in a manner and upon terms deemed appropriate by the MSVA Executive Director or designee. Contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

b. Contractor's Duties. Notwithstanding termination of the contract and subject to any directions from the procurement officer, Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest.

c. Compensation. Payment for completed services delivered and accepted by the State shall be at the contract price. The State may withhold from amounts due Contractor such sums as the MSVA Executive Director or designee deems to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders and to reimburse the State for the excess costs incurred in procuring similar goods and services.

d. Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the MSVA Executive Director or designee within fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the

RFX # Welch Allyn Blood Pressure Equipment Page 16 of 40

State and any other governmental entity in its sovereign or contractual capacity; fires;

floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the MSVA Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

e. Erroneous Termination for Default. If, after notice of termination of Contractor’s right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the State, be the same as if the notice of termination had been issued pursuant to such clause.

f. Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

21. Termination upon Bankruptcy. This contract may be terminated in whole or in part by

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

22. Trade Secrets, Commercial and Financial Information. It is expressly understood that

Mississippi law requires that the provisions of this contract which contain the commodities purchased or the personal or professional services provided, the price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information and shall be available for examination, copying, or reproduction.

23. Transparency. This contract, including any accompanying exhibits, attachments, and appendices, is subject to the “Mississippi Public Records Act of 1983,” and its exceptions.

See Mississippi Code Annotated §§ 25-61-1 et seq. and Mississippi Code Annotated § 79- 23-1. In addition, this contract is subject to the provisions of the Mississippi Accountability and Transparency Act of 2008. Mississippi Code Annotated §§ 27-104-151 et seq. Unless exempted from disclosure due to a court-issued protective order, a copy of this executed contract is required to be posted to the Department of Finance and Administration’s independent agency contract website for public access at http://www.transparency.mississippi.gov. Information identified by Contractor as trade http://www.transparency.mississippi.gov/ http://www.transparency.mississippi.gov/

RFX # Welch Allyn Blood Pressure Equipment Page 17 of 40 secrets, or other proprietary information, including confidential vendor information or any other information which is required confidential by state or federal law or outside the applicable freedom of information statutes, will be redacted.

24. Protest of Award

Any actual or prospective bidder or contractor who is aggrieved in connection with this solicitation or the outcome of the Invitation for Bids may file a protest with the RFQF Coordinator, Edward Williams. All protests must be in writing, dated, signed by the bidder or an individual authorized to sign contracts on behalf of the protesting bidder, and contain a statement of the reason(s) for protest, citing the law(s), rule(s) or regulation(s), and/or procedure(s) on which the protest is based.

Protests shall be made in writing and shall be filed in duplicate within seven (7) days after the protestor knows or should have known of the facts giving rise thereto. A protest is considered filed when received by the Chief Procurement Officer or the head of a purchasing agency. Protests filed after the seven (7) day period shall not be considered.

RFX # Welch Allyn Blood Pressure Equipment Page 18 of 40

SECTION II – A INSTRUCTIONS AND SPECIAL

CONDITIONS

The following section provides a DFA MAGIC Reverse Auction Bidders Training Guide. It includes detailed instructions on how to access the reverse auction event, including how to gain access to the system utilized and what technical requirements may be involved. However, no supplier may be prohibited from participating in person by paper through surrogate bidding.

MAGIC Reverse Auction Bidders Training Guide

The MAGIC Reverse Auction Bidders Training Guide provides instructions for vendors to participate in Reverse Auctions. Vendors have the ability to submit bids electronically and view real time bid ranking. The identity of participating bidders will not be displayed to other bidders throughout the online auction process. However, bidders will be able to see the current best bid.

Contents

Technical Requirements 19 Login Procedure 19 View Available Reverse Auctions 20

Search for Auction(s) 20 Display Auction Details 22 Display Line Items 23 Display Notes and Attachments 25

Participating in a Live Auction 25 Live Auction Cockpit 26 Chat and System Messages 29 Pausing and/or Resuming an Auction 30

RFX # Welch Allyn Blood Pressure Equipment Page 19 of 40

Technical Requirements

MAGIC Reverse Auction Bidders Instruction Guide

Bidders are responsible for ensuring technical requirements are met.

Acceptable Internet Browser(s) Microsoft Internet Explorer (IE) version 11

Google Chrome versions 49 and above (will need to download and install a Chrome Extension called “IE Tab Extension”)

Unsupported Internet Browser(s) Microsoft Internet Explorer (IE) version 10 or below

Microsoft Edge

Google Chrome

Safari

Firefox

Note: Pop-up blocker must be turned off.

Java Reverse Auction requires Java version 6.30 or higher. Java can be downloaded from following Web site.

https://www.java.com/en/download/

Login Procedure

Vendors must be registered in MAGIC in order to receive a User ID and password to log in. Vendors who are new to MAGIC may visit the Vendor Information page on DFA’s Web Site, or register online, Vendor Registration.

To Log into MAGIC, open the following URL: https://portal.magic.ms.gov/irj/portal. Enter User ID and Password. The password is case sensitive.

https://www.java.com/en/download/ http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/ https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100 https://portal.magic.ms.gov/irj/portal

RFX # Welch Allyn Blood Pressure Equipment Page 20 of 40

View Available Reverse Auctions

Search for Auction(s)

Listed below are the steps to search for a bid response.

1.) Bidders must first respond to the RFx (RFQF) to be able to participate in the Reverse Auction.

Instructions for creating a response to an RFx are available here, RFx Response -Supplier Self Service.

The RFx (RFQF)– Bid Specifications will provide details for qualifying criteria. Only bidders qualified through the RFx (RFQF) will be invited to participate in Reverse Auctions.

2.) To search for auctions, click on the Suppliers Self-Service tab.

3.) Select RFx and Auctions in the navigation menu on the left of the screen.

4.) Select the Published link on the eAuctions line of the Active Queriessection.

Note: If the search fields are not visible, click the button to expand the search criteria.

http://uperform.magic.ms.gov/gm/…