RFX3160006935 BID PACKET FOR HOT AND COLD MIX ASPHALT.rtf

NOTICE AND INSTRUCTIONS

RFX No. 3160006935

GENERAL

The Mississippi Transportation Commission (MTC) intends to utilize the Sealed Bid Process to award an agency contract for the purchase of HOT AND COLD MIX ASPHALT for the Mississippi Department of Transportation (MDOT). The contract period shall be January 1, 2025, through June 30, 2025.

2.0 BID SUBMITTAL

2.1 SUBMITTAL DEADLINE

Sealed competitive bids will be received until 10:30 AM CST on Wednesday October 23, 2024, at the William J. “Billy” McCoy Building, (Department of Transportation Building), Procurement Division, 5th Floor, 401 N. West, Jackson, Mississippi, 39201 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 may be submitted electronically through the State of Mississippi’s MAGIC system at the following websites:

https://portal.magic.ms.gov or https://www.ms.gov/dfa/contract bid search/Contract.

Please use the websites above to search for RFX No. 3160006935

2.4 ELECTRONIC COMPETITIVE SEALED BID SUBMITTAL ASSISTANCE

You must have the Bid number listed in the advertisement. Please refer to Attachment A for instructions for RFX responses in MAGIC. If you need assistance, 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 registered in MAGIC when submitting an electronic bid proposal.

If the bidder is not registered as a bidder for the State of Mississippi, please go to the following website: http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-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 click the link “MAGIC Supplier Self-Service Reference Guide” (Attachment B). This website has information to help you register as a vendor for the State of Mississippi. Should you need assistance, please contact the MMRS help desk at 601-359-1343.

2.5 SEALED PAPER COMPETITIVE BID SUBMITTAL

If the bidder cannot submit an electronic bid proposal, a sealed paper competitive bid will be received by the MTC at its offices in the William J. “Billy” McCoy Building, (Department of Transportation Building), Procurement Division, 5th Floor, 401 N. West, Jackson, Mississippi, 39201 until 10:30 AM CST, Wednesday October 23, 2024.

2.6 SEALED PAPER COMPETITIVE BID SUBMITTAL INSTRUCTIONS

Proposals must be made on forms furnished by the Mississippi Department of Transportation or they will not be considered. Letters will NOT be considered a part of your proposal and any alteration of the bid forms in any manner shall be considered non-conforming and bid shall be rejected.

If you are submitting an ALTERNATE BID, YOU MUST MAKE COPIES OF ORIGINAL FORMS AND SUBMIT AS SEPARATE BID.

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

Conditional or qualified bids will not be considered.

3.0 RFX SPECIFICATIONS

All materials and equipment must conform to the Mississippi Standard Specifications for Road and Bridge Construction of 2017 and any amendments thereto, where applicable.

All materials supplied on this contract must come from suppliers that are approved by the Mississippi Department of Transportation.

All materials supplied under this contract shall be subject to testing by the Mississippi Department of Transportation Materials Division. Any material which does not meet Mississippi Department of Transportation specifications shall be returned at the Vendor's expense and invoices for said material will not be processed. Failure to meet specifications on any purchase may result in an award to the next eligible bidder on future purchases made during the life of the contract.

Delivery: As needed to job sites specified by the District Maintenance Engineer; delivery shall be required the next day after notification.

MATERIAL ADJUSTMENT

A Material Adjustment will be applied to materials listed on the “PRICING PAGES FOR THE PERIOD OF January 1, 2025 through June 30, 2025” quote sheets with the adjustment code (A2).

The payment cycle for material subject to a material adjustment will be from the 16th of the month through the 15th of the following month in order to allow for the distribution of the Petroleum Products Based Prices for the current period. The Petroleum Products Based Prices which are issued on the 15th of each month are to be used for calculating the materials adjustment through the 15th of the following month. An invoice along with the CSD-881MND is required before payment will be made. The materials adjustment is to be shown as a separate line item on the same invoice as the materials. The materials adjustment for the product CRS-2TR can be made based on the figures for CRS-2P.

The material base prices for this contract are shown in the attached Notice to Bidders entitled “Petroleum Products Base prices for Contracts Let in September 2024”. The monthly base prices can be obtained from the District Maintenance Engineer after the 15th of each month.

See Attachment C: Petroleum Products Base Prices for Contracts Let in September 2024.

See Attachment D: CSD-MND-Work Sheet for Material Price Adjustment.

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 promoting the 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 notify MDOT Procurement Division if the Specifications or Instructions are formulated in a manner which would unnecessarily restrict competition. Any protest or question concerning the specifications or bidding procedures must be received in writing by the Mississippi Department of Transportation Procurement Division by 10:00am CST, Wednesday October 16, 2024 The Mississippi Department of Transportation Procurement Division may be reached at telephone number 601-359-7300, facsimile number 601-359-7302, or hvanbuskirk@mdot.ms.gov.

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.

6.0 GENERAL INSTRUCTIONS

6.1 INSTRUCTIONS FOR BIDDERS

Detailed information may be obtained from the 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.

It is understood that all proposals are submitted on the basis of complying with the provisions, terms and specifications set out herein, and in the proposal forms PROVIDED THAT YOU CAN DO SO UNDER THE VARIOUS GOVERNMENT RULINGS AND DIRECTIVES NOW IN EFFECT OR WHICH MAY BE ISSUED DURING THE PERIOD OF CONTRACT. In the event you bid on furnishing any materials which are prohibited from being manufactured by a Government ruling or directive and are awarded such materials, you will not be required to make such shipment of said prohibited materials so long as Government directive is in effect. However, any change in specifications or provisions of the quotation should be discussed with MDOT promptly upon your being advised of the 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 the Mississippi Department of Transportation. The MTC reserves the right to waive minor technicalities when it is in the best interest of the State.

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 good standing throughout the term of the contract and for as long thereafter as any obligations may remain outstanding under the contract.

To register or check your status with the State of Mississippi, visit https://corp.sos.ms.gov/corp/portal/c/page/login/portal.aspx

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 this paragraph. Bids shall be received by the agency until the new date and time of the bid opening as set forth herein. The agency shall not be held responsible for the receipt of any bids for which the delivery was attempted and failed due to 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.

7.0 AWARD INSTRUCTIONS

7.1 AWARD CRITERIA

Award will be made to all bidders meeting specifications, If product is to be picked up, purchases will be made from the bidder providing the lowest cost to the Mississippi Department of Transportation (taking into account the line item pricing and the cost of transporting the product). If the materials are to be delivered, purchases will be made from the lowest bidder (line item pricing, plus haul charge) able to deliver in a timely manner. All purchases must meet Mississippi Department of Transportation specifications and bid requirements. Failure to meet specifications on any purchase may result in an award to the next eligible bidder on future purchases made during the life of the contract.

Delivery: As needed to job sites specified by the District Maintenance Engineer; delivers shall be required the next day after notification.

Delivered at all MDOT locations in Mississippi. Final award approval will be made by the Mississippi Transportation Commission.

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 January 1, 2025 through June 30, 2025. There will be no extensions for the contract.

7.4 CANCELLATION OF AGENCY 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 cancellation if received by the bidder within a period of 30 days following the date of expiration or cancellation. Cancellation by the MTC does not relieve the bidder of any liability arising out of a default or nonperformance. If a contract is canceled by the MTC due to the request for an 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 Office of Purchasing and Travel of the Mississippi Department of Finance and Administration.

8.0 SUBMITTAL INSTRUCTIONS FOR A SEALED PAPER COMPETITIVE BID

The bidder has chosen not to submit the Sealed Competitive Bid electronically into the MAGIC System.

Bids must be submitted in sealed envelope(s).

** RFX IDENTIFICATION INFORMATION ON THE OUTSIDE OF THE ENVELOPE

MUST BE AS SHOWN BELOW.**

STREET DELIVERY:

RFQF NO. 3160006935

PROCUREMENT DIVISION (5TH FLOOR) WILLIAM J. “BILLY” MCCOY BUILDING

MS DEPT. OF TRANSPORTATION

401 NORTH WEST STREET

JACKSON MS 39201

1. I/We certify that we have read and understand the "NOTICE AND INSTRUCTIONS" which is a part of this RFX (bid).

COMPANY:

NAME:

(Print or type)

ADDRESS:

SIGNATURE:

TITLE:

PHONE:

DATE:

FAX:

EMAIL:

Sign your bid and return it, as shown above.

The "NOTICE AND INSTRUCTIONS" are a part of your bid, sign and return with your bid.

BRAD WHITE

EXECUTIVE DIRECTOR

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

9.0 COMPETITIVE SEALED BID ELECTRONIC SUBMITTAL INSTRUCTIONS

The instructions in Section 8.0 are for the electronic submittal of the bids by the bidder in the MAGIC System.

Please refer to sections 2.3 and 2.4 on page 1 of the bid packet for further information on the electronic submittal of the bid in the MAGIC System.

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

BRAD WHITE

EXECUTIVE DIRECTOR

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

10.0 PROPOSAL FOR FURNISHING HOT AND COLD MIX ASPHALT

RFX NO. 3160006935

Mississippi Transportation Commission Mississippi Department of Transportation Building Jackson, MS. 39201

Pursuant to your advertisement to be received until 10:30 AM CST Wednesday October 23, 2024

I/We residing at do submit our bid furnishing the following in accordance with the "Standard Specifications for Road and Bridge Construction" adopted 2017, and any amendment made thereto where applicable, your Specifications and the "NOTICE AND INSTRUCTIONS". This proposal is made without collusion on the part of any person, firm or corporation.

Our prices quoted in U.S. DOLLARS ONLY for furnishing Hot and Cold Mix Asphalt, FOB, Mississippi Department of Transportation in full truck load quantities priced per units of measurement listed on Attachment F Pricing Page.

Award will be made to all bidders meeting specifications. If product is to be picked up, purchases will be made from the bidder providing the lowest cost to the Mississippi Department of Transportation (taking into account the line item pricing and the cost of transporting the product). If the materials are to be delivered, purchases will be made from the lowest bidder (line item pricing, plus haul charge) able to deliver in a timely manner. All purchases must meet Mississippi Department of Transportation specifications and bid requirements. Failure to meet specifications on any purchase may result in an award to the next eligible bidder on future purchases made during the life of the contract.

DELIVERY: AS NEEDED TO JOB SITES SPECIFIED BY THE DISTRICT MAINTENANCE ENGINEER; DELIVERIES SHALL BE REQUIRED THE NEXT DAY AFTER NOTIFICATION.

DELIVERED AT ALL MDOT LOCATIONS IN MISSISSIPPI

PRICING TO BE INDICATED ON ATTACHED SHEETS: ATTACHMENT F

RFX 3160006935

11.0 COOPERATIVE PURCHASE

FINAL ACCEPTABLE DELIVERY, AS PER CONTRACT.

TO: Hot and Cold Mix Asphalt Vendors

FROM: Procurement Division DATE: October 2024 We agree to extend the prices quoted for the Mississippi Department of Transportation Procurement Division in RFX No. 3160006935 for the period of January 1, 2025 through June 30, 2025 to the governmental entities indicated below.

Please indicate by checking the appropriate blank for the following:

Governing Authorities _______

Other State Agencies _______

12.0 MISSISSIPPI TRANSPORTATION COMMISION

CONTRACT TERMS AND CONDITIONS

I/We certify that we have read and understand the "MISSISSIPPI TRANSPORTATION COMMMISION CONTRACT TERMS AND CONDITIONS" (ATTACHMENT D) and if awarded the proposed bid the “TERMS and CONDITIONS” will be followed accordingly. I/we 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 CONDITIIONS” of any contract that may be executed as a result of this solicitation.

ATTACHMENT G does not need to be completed. The bidder shall acknowledger 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:

13.0 INVOICING 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 bidder to MDOT for the purchase of Hot and Cold Mix Asphalt if a contract is awarded to the bidder.

BIDDER NAME:

14.0 CHECKLIST INFORMATION

ALL ITEMS MARKED (X) MUST BE SUBMITTED WITH THE BID

Failure to submit all items that are checked (X) below may cause your bid to be considered irregular and be rejected:

(X) “NOTICE AND INSTRUCTIONS” – signed and enclosed (Section 8.0, Sealed Bid Submittal)

(X) Correct RFX number is used in address – (final portion of Section 8.0,”)

(X) “PROPOSAL” – completed and enclosed (Section 10.0)

(X) Cooperative Purchase (if applicable)- (Section 11.0)

(X) Acknowledgement of MTC “CONTRACT TERMS AND CONDITIONS” – (Section 12.0)

(X) Invoicing and Payment- (Section 13.0)

(X) “EEV CERTIFICATION AND AGREEMENT” – Employment Eligibility Verification, signed and enclosed (Attachment E)

(X) Attachment F-Pricing Page