RFX 3160006792- HERBICIDES LOWEST THREE.pdf

Table of Contents

Descriptions Pase Number

1.0 General

2.0 Bid Submittal.

2.1 Submittal Deadline

2.2 Response to RFX

2.3 Electronic Bid Submittal

2.4 Electronic Competitive Sealed Bid Submittal Assistance

2.5 Sealed Paper Competitive Bid Submittal.

2.6 Sealed Paper Competitive Bid Submittal Instructions

3.0 Product and Specifications

3.1 Herbicide Specilications

3.2 Surfactant

4.0 Non-Approved Product Evaluation Process

5.0 Protest Procedure

5.1 Protest Information

6.0 General Instructions

6.1 Instructions for Bidders...

6.2 Office Closure...

7.0 Award Instructions

7.l Award Criteria...

7.2 Awarded Bidder Instructions

7.3 Agency Contract Term

7.4 Cancellation of Agency Contract..

8.0 Submittal Instructions for a Sealed Paper Competitive Bid

9.0 Competitive Sealed Bid Electronic Submittal Instructions

I

I

Table of Contents

Descriptions

10.0 Proposal

Page Number

11.0 Cooperative Purchase. 10

12.0 Acknowledgement of Contract Terms and Conditions

L3.0lnvoicing and Payment.. 12

14.0 Checklist Information

Attachments:

Attachment A: RFX Response in MAGIC

Attachment B: MAGIC Supplier Self-Service Guide

Attachment C: Approved Products List

Attachment D: EEV Certilication and Agreement

Attachment E: Pricing Pages

Attachment F: Mississippi Department of Transportation Contract Terms and Conditions

NOTICE AND INSTRUCTIONS

RFX No.3160006792

1.0 GENERAL

The Mississippi Transportation Commission (MTC) intends to utilize the Sealed Bid Process to award an agency contract for the purchase of Herbicides for Vegetation Control for the Mississippi Department of Transportation (MDOT) statewide. The contract period shall be Commission Approval through September 30,2025.

2.0 BID SUBMITTAL

2.1 SUBMITTAL DEADLINE

Sealed competitive bids will be received until 10:30 AM CST, Wednesday, September 4,2024rat the William J. "Billy" McCoy Building, (DepartmentofTransportationBuilding), Procurement Division,5th Floor,401 North West Street, Jackson, Mississippi,3920l or electronically into the MAGIC Procurement Portal as described herein and shortly thereafter publicly opened.

2.2 RESPONSE TO RFX (BID)

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

2.3 ELECTRONIC BID SUBMITTAL

Sealed Competitive Bids are encourased and are preferred to be submitted electronically throush the State of Mississippi's MAGIC svstem throush one of the following websites:

https ://portal. magic.ms. gov or https://www.ms.gov/dfa/contract bid_search (Select RFX Procurement Opportunities and Public Notifications)

Please use either of the websites above to search for RFX Number 3160006792

2,4 ELECTRONIC COMPETITIVE SEALED BID SUBMITTAL ASSISTANCE

Bidder must include the Bid (RFX) number as listed in the advertisement. Please refer to Attachment A for instructions for RFX responses in MAGIC. If assistance is needed, please call the Mississippi Management and Reporting System (MMRS) help desk at 601 -359-1343, select Option 2 for MAGIC functionality. Please allow a day or two for assistance with your issue.

Bidders must be resistered in MAGIC when submittins an electronic bid proposal.

If the bidder not registeqed qs a vendor for the State of Mississippi, please go to the following website:

hjlp:4www.dfa.grs.El9v/4&-offices/mmrs/mississipoi-suppliers-vendors/ and click on Mississippi-suppliers (Vendors) on left side of the webpage. Arrow to bottom of page and select Supplier Self Service and cliCt tfre link "MAGIC Supplier Self-Service Reference Guide" (Attachment B). This website has information for registering a^s_q v-endor for the State of Mississippi. For additional assistance, please contact the MMRS help desk at 601-359-1343.

Attachments D and E must be submitted with bid.

2.5 SEALED PAPER COMPETITIVE BID SUBMITTAL

If the bidder cannot submit an electronit.E{ptgpo_sq!, a sealg{.papq competitive bid will be received by the MTC at its offices in the William J, "Pi!['I" M^cCoy Building, (peparimqnt of Transportation Building), Procurement Division, 5th.F!qgr, 401 North West Streei, Jacksori'Miss'iiJsippi, 39201untlit to:S0 AM CST;

Wednesday, Septemb er 4, 2024,

2.6 SEALED PAPER COMPETITIVE BID SUBMITTAL INSTRUCTIONS

Proposals must be made on forms furnished by MDOT or they will not be considered. Letters will NOT be considered as part of the proposal. Any alteration of the bid forms in anv manner shall be considered non-conforming and bid shall be reiected.

If submitting an ALTERNATE BID, make copies of the original forms and submit as a separate bid.

Facsimile transmissions or email submissions will not be accepted for Bid Submittals.

Conditional or qualilied bids wiII not be considered.

Attachments D and E must be submitted with bid.

3.0 PRODUCTS AND SPECIFICATIONS

$.!l materials must conform to the Mississippi,standard Specifications for Road and Bridge Construction of 2017 and any amendments thereto, where dpplicable

3.1 HERBICIDE SPECIFICATIONS

1ll products supplied on this bid must be on the "Approved Products List for Chemicals for Vegetation Control" for the Mississippi.Dep-artment of Transportation (Attachment C) Additional products may be added to the Approved Products List after being successfully tested in the field by the Mississippi Departnient of ]rangqgrQlion orits appointed designee, then approved by the Mississippi Department of Transportation Roadside V^egetation Management Committee and further approved by the Deputy Executive Director-Chief Engineer of the Mississippi Department of Transportation.

3.2 SURFACTANT

The successful bidde-r is requiredlo submit a certified analytical analysis of surfactant by lot or batch number for compliance with Mississippi Department of Transportation specifications prior to shipment.

4.0 NON-APPROVED PRODUCT EVALUATION PROCESS

In order to have amateiallproduct evaluated for possible inclusion into our Roadside Management Program, a completed Product Evaluation Form, ADM 361, shall be submitted to the Mississippi Department of Transportation State Maintenance Engineer.

This form may be routed via any Mississippi Department of Transportation District Roadside Development Supervisor or the Mississippi Department of Transportation State Roadside Maintenance Specialist.

After the proper documentation has been presented, the VegetationManagement Committee of the Mississippi Department of Transportation at its next regularly scheduled meeting will discuss the proposed product and its place in our existing program.

If the committee feels the material/product fits a need within our Vegetation Management Program, the Mississippi Department of Transportation will ask its approved designee to initiate the appropriate research or material/product evaluation.

Additional materials/products may be added to the Approved Products List after being successfully tested in the field by the Mississippi Department of Transportation or its appointed designee, the Roadside Vegetation Management Committee, votes to add it to the list, and the Deputy Executive Director-Chief Engineer approves the recommendation of the committee.

or

Additional material/products may be added to the Approved Products List after sufficient documentation has been provided for evaluation by the Mississippi Department of Transportation or its appointed designee to determine its performance for roadside use and the Roadside Vegetation Management Committee votes to add it to the list, and the Deputy Executive Director-Chief Engineer approves the committee recommendation.

6.0 GENERAL INSTRUCTIONS

INSTRUCTIONS FOR BIDDERS

Detailed information may be obtained from the MDOT Procurement Division by calling (601) 359-7300.

The MTC reserves the right to reject any or all bids and to accept all or only certain units of any bid. The MTC reserves the right to award one or more of the items in the various proposals to one or more companies.

5.0 PROTEST PROCEDURE

5.1 PROTEST INFORMATION

It is the intent of the Specifications to obtain a product that will adequately meet the needs of the user while promotingthe greatest extent of competition that is practicable. It is the responsibility of the prospective bidder to review the entire Notice and Instructions and proposal packet and to nofifu MDOT Procurement Division if the Specifications or Instructions are formulated in a manner which would unnecessarily restrict competition.

Any protestor question co-nceming the specifications or bidding procedures must be received in writing by the

\lrlqiqippi Department of Transportation Procurement Division by 10:00 AM CST, Wednesday, Aufiusi 28, l0Z,Af\eltississippi Department of Transportation Procurement Division may be reached at telephone number 601-3 59-7300, facsimile number 601-359 -7 302, or hvanbuskirk@mdot.ms.sov.

Protest of the award of this bid shall be done in accordance with Chapter VI of the Procurement Manual of the Office of Purchasing, Travel and Fleet Management of the Mississippi Department of Finance and Administration.

6.1

It is understood that specifications set out on the forms, terms andbasis of complying rrovided that this r with the provisions, vanous the event bidder bids on fumishing any maleryals which qg plghibited from being manufactured by a Government 4ing or directive and are awarded such materialsi bidder will not be rEquired to make such shipTPnt.of said prohibited materials so long as_ government directive is in effect. However, any change in specifications o-r provisions of the quotation should be discussed with MDOT promptly upon advisement oTth" Government ruling or directive necessitating a change.

The MTC reserves the right to waive minor technicalities on bid proposals and specifications when it is in the best interest of MDOT. The MTC reserves the right to waive minor technicalities when it is in the best interest of the State of Mississippi.

Unless otherwise specified, all formal bids shall be binding for a minimum of sixty (60) days after opening. If a bid is withdrawn after opening, bidder will be removed from the list of eligible bidders for a period of (6) six months.

Failure to respond on three contract advertisements will result in removal from the prospective bidders list.

Bidder must be duly qualified to do business and in good standing in the State of Mississippi and remain duly qualified and in gooi sianding throughout the term oithe contractind for as long thereaftei'rrr un/oUligatio.;

may remain outstanding under the contract.

To register or check your status with https ://corp. sos.ms. sov/corp/portal/c/page/lo ein/portal.aspx.

the State

6.2 OFFICE CLOSURE

If the location of the bid opening to the public 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 location shall be open to the public 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 thip patagraph. Bids shall be received by the agency until the new date and time of the bid opening as set forth herein. lhe agency shall not be held responsible for the receipt of any bids for which the delivery was attempted and failed due to closure as a result of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid by the agency prior to the new date and time of the bid opening.

7.I AWARD CRITERIA

7.0 AWARD INSTRUCTIONS

Award will be made, based on the lowest and best three bids per line item bid meeting Mississippi Department of Transportation specifications and bid requirements. The low bidder for the product being purchased will be contacted concerning delivery of the product. If the bidder of the low bid cannot make delivery within the specified time, the second low bidder will be asked to deliver the product; if the second low bidder cannot make delivery within the specified time, the third low bidder will be asked to make delivery.

Purchases of Herbicides will be on an as needed basis.

Delivery will be to all MDOT locations in Mississippi.

7.2 AWARDED BIDDER INSTRUCTIONS

If award is made by the MTC, a contract will be forwarded to the successful bidder(s). Purchase Orders will be issued on as needed basis by MDOT. A Purchase Order will only be issued by MDOT when there is an executed contract between the agency and bidder. Any action by a bidder prior to the receipt of a Purchase Order will be at the bidder's "OWN RISK" and the Mississippi Department of Transportation will not be held liable for such action.

7.3 AGENCY CONTRACT TERM

The contract shall begin on If an agency contract is awarded and executed in connection MTC reserves the right to extend the agency contract for this proposal for up to twenty-four (24) twelve (12) months at one time, upon written acceptance of both parties. The contract shall not exceed thirty-six (36) months. The contract extension shall begin on the original termination date or the extension termination date.

7.4 CANCELATION OF CONTRACT

Any contract or item award may be canceled with or without cause by the MTC upon 30 days written notice of intent to cancel. Cause for the MTC 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 bidder will be required to honor all purchase orders prepared and dated prior to the date of expiration or cancelation if received by the bidder within a period of 30 days following the date of expiration or cancelation. Cancelation by the MTC does not relieve the bidder of any liability arising out of a default or nonperfonnance. If a contract is canceled by the MTC due to the request for increase in prices or failure to perform, bidder may be removed from the bidders list for a period of twelve (12) months. Protests of said removal from the bidders list shall be in accordance with Chapter VI of the Procurement Manual of the Offrce of Purchasing, Travel and Fleet Management of the Mississippi Department of Finance and Administration.

Annroval th

8.0 SUBMITTAL INSTRUCTIONS FOR A SEALED PAPER COMPETITIVE BID

The instructions in Section 8.0 are to be utilized when the bidder chooses to submit a paper bid rather than submitting the sealed competitive bid electronically into the MAGIC System (per Section 8.0).

Bids must be submitted in sealed envelope(s).

**,R N INFO

ENVELOPE AS SHOWN BELOW. *X

STREET DELIVERY:

RFX 3160006792

Procurement Division (5th Floor) William J. "Billy" McCoy Building Mississippi Department of Transportation 401 North West Street Jackson, MS 39201 are apart of this bid.

COMPANY:

VWe certify that we have read and understand the 'TNOTICE AND INSTRUCTIONS" which

NAME:

SIGNATURE:

TITLE:

(Print or type)

ADDRESS:

PHONE:

FAX:

DATE:

EMAIL:

Sign your bid and return it, as shown above.

The 'TNOTICE AND INSTRUCTIONS" is a part of your bid, sign and return with your bid.

BRAD WHITE

EXECUTIVE DIRECTOR

MISSISSPPI DEPARTMENT OF TRANSPORTATION

9.0 COMPETITIYE, SEALED BID ELECTROI\IIC SUBMITTAL INSTRUCTIONS

The instructions in Section 9.0 are for the electronic submittal of the bids by the biddcr in the MAGIC System.

Please refer to sections 2.3 and 2.4 of the "NOTICE AI\[D INSTRUCTIONS" for further information on the elechonic submittal of tfra6lijilifi-e MAGIC svstem.

The "NOTICE AND INSTRUCTIONS" is a part of the bid, and by submiuing an electronic bid, the bidder acknowledges and certifies that it has read and understands the "NOTICE ANDINSTRUCTIONS" which is a part of this bid.

BRAD WHITE

EXECUTIVE DIRECTOR

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

1O.O PROPOSAL

FOR HERBICIDE FOR VEGETATION CONTROL

RFX NO. 3160006792

Mississippi Transportation Commission Department of Transportation Building Jackson, MS 39201

Pursuant to your advertisement for proposals to be received until, 10:30 AM CST. Wednesdav.

Sentember 4.2024. I/We -ffigdo submit our bid for furnishing the following in accordance with the "standard Specifications for Road and Bridge Construction" adopted 2017, and any amendment made thereto, your specifications and the "NOTICE AND INSTRUCTIONS". This proposal is made without collusion on the part of any person, firm or corporation.

our prices are submitted in U.s. DoLLARS ONLY for furnishing HERBICIDES FOR VEGETATION CONTROL, FOB, Mississippi Department of Transportation.

Award will be made. based on the lowest and best three bids per line item bid meeting Mississippi Department of Transportation specifications and bid requirements. The low bidder for the product being purchased will be contacted concerning delivery of the product. If the bidder of the low bid cannot make delivery within the specified time. the second low bidder will be asked to deliver the product: if the second low bidder cannot make delivery within the specified time. the third low bidder will be asked to make deliverv.

The awarded bidder for any restricted use herbicide must be authorized by the Mississippi Bureau of Plant Industry to sell these restricted use products in Mississippi.

PRICING TO BE INDICATED ON ATTACHED SHEETS: ATTACHMENT E

We certify that there is not paid a royalty or patent right, either directly or indirectly, on any of the materials bid on in this proposal. We further certifu that this proposal is made without collusion on the part ofany person, firm or corporation.

The materials shall be supplied in new containers as specified. These containers shall meet the minimum requirements of the Inter-State Commerce Commission for shipment.

If awarded contract, it is further understood and agreed that, if we fail to make delivery of the chemicals within thirty (30) days ARO on the initial order and ten (10) days ARO on any order thereafter from the Department of Transportation, the Department may cancel the order and buy the chemicals on the open market. In the event that the price on the open market is higher than our contract price, we hereby agree that you may charge us with the difference between the price paid and our contract price.

Price breaks for each bid are to be F.O.B. one MDOT location.

The successful bidder(s) shall make delivery of the initial orders within thirty (30) days after receipt oforder.

The successful bidder(s) shall make delivery of all additional/subsequent orders within ten (10) days after receipt oforder.

In the event the successful bidder finds that he will be unable to supply all items on an additional/subsequent order within ten (10) days, he shall immediaiely notiff the Mississippi Department of Transportation Procurement Division and in such event the Department shall have the right to purchase the item(s) under separate purchasing procedures with th?: option of holding the contract vendor responsible for any excess cost of theltem(s).

It is anticipated that orders will be placed in a timely manner and every effort will be made to combine orders for delivery.

In the event of unsatisfactory delivery and/or material fumished, the Mississippi Department of Transportation reserves the right to cancel this upon giving the vendor fifteen (15) days notice of its intention to terminate the contract. Upon the giving of such notice, the contract shall automatically terminate as of the date given in said notice. Otherwise, the prices bid shall remain in effect from the date of award through September 30.2025.

Forty-eight (48) hours minimum notice shall be given to districts prior to delivery.

All products supplied on this bid must be on the "Approved Products List for Chemicals for Vegetation Control" for the Mississippi Department of Transportation (as attached). Additional products may be added to the Approved Products List after being successfully tested in the field by the Mississippi Department of Transportation or its appointed designee, then approved by the Mississippi Department of Transportation Roadside Vegetation Management Committee and further approved by the Deputy Executive Director-Chief Engineer of the Mississippi Department of Transportation.

Further information for submission of products to be approved may be obtained by contacting the Mississippi Department of Transportation, Maintenance Division; P.O. Box 1850; Jackson, Ms.

392 l 5-1 850.

COMPANY:

ADDRESS:

NAME:

SIGNATURE:

TITLE:

(Print or type)

PHONE:

FAX:

EMAIL:

DATE:

11.0 COOPERATIVE PURCHASE

FINAL ACCEPTABLE DELIVERY, AS PER CONTRACT.

TO: Herbicides for Vegetation Control Bidders

FROM: ProcurementDivision

MDOT DATE: August 2024

We agree to_extend the prices qloted for the Mississippi Department of Transportation Procurement Division in RFX 3160006792 for theperiod of Commission Approval througlr September 30,2025, to the governmental entities indicated below.

Please indicate by checking the appropriate blank for the following:

Governing Authorities

Other State Agencies

COMPANY:

ADDRESS:

NAME:

SIGNATURE:

TITLE:

DATE:

(Print or type)

PHONE:

FAX:

12.0 MISSISSIPPI TRANSPORTATION COMMISSION

CONTRACT TERMS AND CONDITIONS

VWe certify that we have read and understand the "MISSISSIPPI TRANSPORTATION COMMMISION CONTRACT TERMS AND CONDITIONS" and if awarded the proposed bid, the "TERMS AND CONDITIONS" will be followed accordingly. IiWe understand that the "NOTICE AND INSTRUCTIONS" and any attachments, as well as my/our responses to this solicitation will be fully incorporated by reference in the "TERMS AND CONDITIONS" of any contract that may be executed as a result of this solicitation.

ATTACHMENT F does not need to be completed. The bidder shall acknowledge by initialing the blank in the paragraph above that the terms and conditions have read and understood. A contract will be sent to the bidder after the contract is awarded.

Please complete the following:

COMPANY:

ADDRESS:

NAME:

SIGNATURE:

TITLE:

DATE:

(Print or type)

PHONE:

FAX:

7t

13.0 INOVICING AND PAYMENT

Please complete the section below.

This section pertains to invoicing and payment. The bidder name and address below is what will appear on the invoice submitted by the vendor to MDOT for the purchase of Herbicides for Vegetation Control if a contract is awarded to the bidder.

BIDDER

NAME:

ADDRESS:

14.0 CHECKLIST INFORMATION

ALL ITEMS MARI(ED (X) MUST BE SUBMITTED WITH THE BID

Failure to submit all items that are checked (X) below mav cause vour bid to be considered

(X) "NOTICE AND INSTRUCTIONS" - signed and enclosed (Section 8.0, Sealed Paper Competitive Bid Submittal)

(X) "PROPOSAL" - completed and enclosed (Section 10.0)

(X) Acknowledgement of MTC "CONTRACT TERMS AND CONDITIONS" - (Section 12.0)

(X) Correct RFX number is used in address - (final portion of Section 10.0, "PROPOSAL")

(X) Cooperative Purchase Agreement (If applicable) - (Section I 1.0)

(X) Invoicing and Payment- (Section 13.0)

(X) "EEV CERTIFICATION AND AGREEMENT" - Employment Eligibility Verification, signed and enclosed (Attachment D)

(X) Attachment E- Pricing Page