RFX3160007716 - FOOD PRODUCTS FOR SELF OPERATED FOOD SERVICES.pdf

MISSISSIPPI DEPARTMENT OF CORRECTIONS

Invitation for Bids (IFB) for Food Products for Self-Operated Food Services

RFx #3160007716

Issue Date: October 31, 2025

Bid Submission Deadline:

10:00 AM CDT

December 4, 2025

Bid Submission Location:

Mississippi Department of Corrections

301 North Lamar Street

Jackson, Mississippi 39201

Bid Opening:

December 4, 2025

(To Be Opened at the Location Above)

Bid Coordinator:

Crystal T. Henry, Ph.D.

(601) 359-5565 procurement@mdoc.state.ms.us mailto:procurement@mdoc.state.ms.us

Section 1: General Conditions

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

THE BID PROCEDURE 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.

1.1 Definitions

Agency- for the purposes of this IFB, “Agency” shall be defined as the Mississippi Department of Corrections (MDOC).

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

Bid Sample – A sample to be furnished by a bidder to show the characteristics of the item offered in the bid.

Descriptive Literature – Information available in the ordinary course of business which shows the characteristics of an item which enables the purchasing entity to consider whether the items meets its needs.

1.2 Preparation of Bids

1.2.1 Bids may be submitted through the State of Mississippi’s e-procurement system-MAGIC -https://www.dfa.ms.gov/dfa-offices/mmrs/mississ, United States Postal Service, delivery service or hand-delivered to the Mississippi Department of Corrections at the address listed above.

1.2.2 Paper bids are allowed. Bid must be typed or printed in ink. All prices and notations must be printed in ink or typed. 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.

1.2.3 Deliveries of bids via United State Postal Services, delivery service or hand-delivered must indicate on the face of the envelope, in addition to the above address, the date and time of the bid opening and the bid number.

1.2.4 To submit bids electronically, bidders must ensure they are registered in the MAGIC system

(MAGIC Vendor Information, https://merlin.state.ms.us/merlin/predef.nsf/MAGICVendorInfo?OpenForm ) and have been received a login, password, and supplier number and that all technical requirements have been met.

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

1.2.6 Failure to examine any specifications and instructions will be at bidder’s risk.

1.2.7 Price should be stated as “Per Inmate Per Day” (PIPD).

https://merlin.state.ms.us/merlin/predef.nsf/MAGICVendorInfo?OpenForm

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

1.2.9 Bidders must furnish all information requested in the bid specifications. Further, when required, each bidder must submit for bid evaluation descriptive literature and specifications covering the product offered. Reference to literature submitted with a previous bid or on file with MDOC will not satisfy this provision.

1.2.10 Samples of items, when requested, must be furnished free of expense to MDOC. Any sample submitted will be returned only at bidder’s expense.

1.3 Bid Submission

1.3.1 When submitting a bid electronically, the authorized signature may be typed or be an electronic signature. When submitting a bid via mail, delivery service or hand-deliver, the authorized signature must be a wet signature.

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

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

1.3.4 Bidders submitting paper responses should submit responses to the MDOC by the response deadline.

1.4 Acceptance of Bids

MDOC 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 MDOC reserves the right to modify or cancel in whole or in part its Invitation for Bids (IFB). If a bidder fails to state the time within which a submitted bid will expire, it is understood and agreed that the MDOC shall have 60 days to accept.

1.5 Error in Bids

1.5.1 Bidders are expected to examine the specifications, delivery schedule, bid process, extensions and all instructions pertaining to food products and deliveries. Failure to do so will be at the bidder’s risk.

1.6 Bid Opening

The bid opening shall be public, on the date and time specified in the Timeline herein. It is the bidder’s responsibility to assure that the bid is delivered at the proper time and place of the bids.

1.7 Award

1.7.1 As the best interest of the State may require, the right is reserved to make award(s) based on the Price Per Inmate Per Day (PIPD). When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been valuated as being responsive. All awards made as a result of this bid shall conform to applicable MS Statutes.

1.7.2 Contracts and purchases will be made or entered into with the lowest responsive and responsible bidder meeting specifications, except as otherwise specified in the bid specifications.

1.7.3 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 not be assignable in whole or in part without written consent of the State.

1.8 Fixed Price Contract with Price Adjustment

1.8.1 Bid price shall include all packaging, handling, shipping charges and delivery to the destinations shown hereto.

1.8.2Price 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 percent (5%). The contractor must provide written price reduction information within ten (10) days of its effective date.

1.8.3 MDOC may consider an increase in Food Product payment per day, if vendor can provide substantive evidence and documentation to grant and increase (PPI or CPI) in price per day. If granted, food increase in price per day, shall not exceed five percent (5%) of current year’s price per day. It shall be the responsibility of the bidder to thoroughly familiarize themselves with the provisions of the specifications. No consideration will be given to any claim of misunderstanding after contract execution.

1.8.4 PPD shall be based on delivered to MDOC facility. No additional surcharges or fees will be allowed.

1.9 Discounts

Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

1.10 Taxes

The MDOC is exempt from federal excise taxes, state and local taxes or use taxes. Bidders must quote prices which do not include such taxes. Exemption certificates will be furnished upon request. MDOC’s tax exemption number is 64-74-0123-K.

1.11 Inspection

Inspection and acceptance will be destination unless otherwise provided. Title and risk of loss damage to all items shall be the responsibility of the supplier until accepted by the ordering agency, unless loss or damage results from negligence by the ordering agency. The contract supplier shall be responsible for filing, processing and collecting al damage claims. However, to assist the supplier in the expeditious handling of damage claims, the ordering agency will:

(a) Report any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading.

(b) Report damage, visible and concealed, to the carrier and contract supplier, confirming such reports, in writing within 5 days of delivery, requesting that the carrier inspect the damaged merchandise.

(c) Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier, and disposition given by the contract supplier.

(d) Provide contract supplier with a copy of the carrier’s Bill of Lading and damage inspection report.

1.12 Conditions and Packaging

It is understood and agreed that any item(s) offered or shipped as a result of this bid shall meet all applicable federal, state and local regulations. All containers shall be suitable for storage and shipment, and all prices shall include standard commercial packaging.

1.13 Safety Standards

Unless otherwise stipulated in the bid, all food products must be handled and shipped in accordance with all applicable health and safety standards.

1.14 Invoicing and Payment

The contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated in the contract at the time the order is placed, after delivery and acceptance of goods, less deductions if any as provided. Invoices shall contain the contract number and purchase order number.

An original and one (1) copy of the invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoice for payment.

1.15 Annual Appropriations

It shall be understood that any contracts entered into as a result of this bid that shall be in effect subsequent to June 30th of any calendar year is subject to the terms of the non-appropriation clause. This clause provides that any contract which extends past June 30th of any calendar year may be canceled for lack of funds. If this should become necessary, MDOC is not obligated to pay for any items which is not covered by a purchase order dated prior to June 30th.

1.16 Delivery

Unless actual date is specified (or specified delivery cannot be met), bidder must specify the number of days required to make delivery after receipt of purchase order. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the facility, Monday through Friday unless otherwise specified.

1.17 Additional Terms and Conditions

No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the bidder’s authorized signature affixed to the Bidder Acknowledgment form attests to this.

1.18 Manufacturers’ Name and Approved Equivalents

1.18.1 Any manufacturers' name, trade names, information and/or catalog numbers listed in specification are for information and not intended to limit competition. The bidder may offer any brand for which it is an authorized representative, which meets or exceeds the specifications for any item(s).

1.18.2 Customary measurements appearing in these specifications are not intended to preclude bids for commodities with metric measurements. If bids are based on equivalent products, indicate on the bid form the manufacturer's name and number.

1.18.3 Bidder shall submit with its bid, a four-week menu cycle, complete with nutritional analysis and the corresponding order guide detailing the brand, pack and product specifications. Reference to literature submitted with a previous bid will not satisfy this provision.

1.18.4 The State of Mississippi reserves the right to determine acceptance of item(s) as an approved equivalent. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to bid an alternate brand will be received and considered in compliance with the specifications as listed on the bid form. The purchaser is to be notified of any proposed changes. However, changes shall not be binding upon the State unless evidenced by a Change of Notice issued and signed by the State.

1.19 Interpretations/Disputes

Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than five (5) days prior to the bid opening and must reference the date of bid opening and bid number.

1.20 Ambiguous Bids

Ambiguous bids which are uncertain as to terms, delivery, quantity, or compliance with specifications may be rejected or otherwise disregarded.

1.21 Nonconformance to Contract Conditions

1.21.1 Items may be tested for compliance with specifications. The data derived from any tests for compliance with specifications are public records and open to examination.

1.21.2 Items delivered not conforming to specifications will be rejected and returned at the bidder's expense. These items and items not delivered as per delivery date in bid and/or purchase order may result in bidder being found in default in which event any and all re-procurement costs may be charged against the defaulting contractor. Any violation of these stipulations will also result in: (a) Supplier’s name being removed from the vendor mailing list. (b) The State Office of Purchasing and Travel shall be notified of such action taken.

1.22 Liability

The supplier shall hold and save the State of Mississippi, its officers, agents and employees harmless against claims by third parties resulting from the supplier’s breach of this contract or the supplier’s negligence.

1.23 Facilities

The State reserves the right to inspect the bidder’s facilities at any reasonable time with prior notice.

1.24 Gifts, Rebate, Gratuities

1.24.1 Acceptance of gifts from bidders is prohibited. No officer or employee of the MDOC, 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.

1.24.2 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.

1.25 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.

1.26 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.

1.27 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.

1.28 Waiver

MDOC 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.

1.29 Cancellation

Any contract or item award may be canceled with or without cause by the State with the giving of 30 days written Notice of Intent to Cancel. Cause for the State 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 thirty (30) days following the date of expiration or cancellation. Cancellation by the State does not relieve the Contractor of any liability arising out of a default or nonperformance. If a contract is canceled by the State 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 twenty-four (24) months.

1.30 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 MDOC Food Service Director and the substitutions are deemed to be in the best interest of the MDOC.

1.31 Application

1.31.1 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 the bidder receiving the award unless exempt by special authorization from the MDOC. Under the provisions of Section 31-7-7 Mississippi Code of 1972, Annotated.

1.31.2 Employees of the MDOC 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.

1.32 Addenda

1.32.1 Addenda modifying 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.

1.32.2 When replying a bid request on which an addendum has been issued, and the specifications require acknowledgment, 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.

1.33 Non-Responsive Bids

Non-responsive 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 twenty-four (24) months.

1.34 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 MDOC. The MDOC reserves the right to specify a time frame in which clarification request shall be made.

1.36 Contract Extension

1.36.1 Automatic contract renewals or extensions are not allowed. Contract must be extended or renewed with the proper documents signed or approved by the MDOC.

1.37 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.

1.38 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 MDOC. Any purchase order issued pursuant to this invitation for bid and the monies which may become due hereunder are not assignable except with the prior written approval of the MDOC.

1.39 Indemnification

Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the State of Mississippi, 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 State'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 State;

Contractor shall be solely liable for all reasonable costs and/or expenses associated with such defense and the State shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without the State's concurrence, which the State shall not unreasonably withhold.

1.40 Force Majeure

If the MDOC 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 MDOC 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 MDOC as a result of a Force Majeure Event. Each bidder shall be required to ensure the delivery and receipt of its bid by the MDOC prior to the new date and time of the live auction or bid opening.

1.41 Timeline

Invitation for Bid Issued & First Advertisement October 31, 2025 2nd Advertisement November 7, 2025 Deadline for Submission of Questions November 14, 2025 @ 5 p.m. CST Anticipated Date for MDOC to Provide Answers November 19, 2025 Bidder Submission Deadline December 4, 2025 @ 10 a.m. CST Anticipated Bid Opening Date December 4, 2025 @ 11 a.m.

Anticipated Notice of Intent to Award December 10, 2025 Anticipated Contract Approval February 4, 2025 (PPRB Meeting)

1.42 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.

Section 2: Instructions and Special Conditions

2.1 Purpose

The purpose of this Invitation for Bid (IFB) is to obtain bids from qualified and interested bidders to provide Food Products for Self-Operated Food Services. One contract will be awarded to one vendor to provide for Food Products at the following locations:

a. Mississippi State Penitentiary (MSP);

b. Marshall County Correctional Facility (MCCF);

c. Walnut Grove Correctional Facility (WGCF);

d. Central Mississippi Correctional Facility (CMCF) and Youth Offender Unit (YOU);

e. Mississippi Correctional Institute for Women (MCIW);

f. South Mississippi Correctional Institution (SMCI);

g. Delta Correctional Facility (DCF);

h. Eight (8) Community Work Centers (CWC) and three (3) Pre-Release (Restitution) Centers; and

i. Any future facilities of MDOC.

The contract will be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in this IFB. The successful bidder will be responsible for the procurement and delivery of all food items to ensure that MDOC can prepare its Four-Week Cycle Menu (Appendix B) and Holiday Menus (Appendix C). The menu items will be prepared by MDOC staff and inmates in accordance to the recipes provided by the successful bidder’s menu service.

2.2 Delivery Specifications

2.2.1 Weekly deliveries must be made to all MDOC facilities. (See Appendix D for Facility, Capacity and Physical Location). Deliveries must be made Monday through Friday between the hours of 8:00 a.m. and 3:00 p.m. CST.

2.2.2 The successful bidder will be required to have ample inventory on hand at all times to supply each facility with the required amount of food products to prepare and serve the designated menu at each facility for the total inmate populations plus thirteen percent (13%).

2.2.3 All frozen items must be delivered at a temperature of zero degrees Fahrenheit (0°) or below.

Any refrigerated items must be delivered at a temperature between 35°- 40° Fahrenheit.

2.2.4 In case of a shortage, a like for like substitution can be made with prior approval by the MDOC

Food Services Director.

2.2.6 All delivery drivers must have NCIC Background Check and be cleared before entering any

MDOC facility. Drivers may not bring onto the grounds of any correctional institution items considered contraband. These items include but are not limited to: firearms, sharpened instruments or knives, other objects capable of inflicting harm/death, tools, explosives/ammunition, medication (prescribed/over-the-counter), illegal drugs, electronic devices or parts, escape paraphernalia, staff clothing or uniform related items, tobacco products, cell phones except for driver’s personal cell phone, cameras or any other items as mandated by Miss. Code Ann. § 47-5-193 (1972, as amended).

2.2.7 All delivery drivers are expected to maintain minimal physical and verbal contract with inmates and staff at the facilities.

2.3 Food and Meal Specifications

2.3.1 The food specification for the food product is located in Appendix A. These specifications shall be followed with no deviations or substitutions allowed unless prior approval is obtained from the MDOC Food Services Director with at least thirty (30) days advance notice.

2.3.2 Bids must be priced on Per Inmate, Per Day (PIPD) following the exact menu for each day based on three (3) meals per day per inmate.

2.3.3 In the event of an emergency involving bidder such as food production plants, manufacturers, and/or distributors, bidder must have the ability to provide uninterrupted food product deliveries.

Bidder shall include emergency plan for food product deliveries with Bid. In the event of an emergency at MDOC facilities, MDOC will notify the vendor of the alternate delivery site.

Bidder must acknowledge that all food products will meet or exceed the specifications listed in Appendix A. Emergency is defined, but not limited to, natural or man-made disaster, utility outage (power, gas, or water), pandemic, or other event(s).

2.3.4 USDA Commodities and Food Produced by MDOC. The MDOC qualifies to receive surplus commodities from the United States Department of Agriculture (USDA). There is no guarantee of the type or quantity of commodities that will be available.

2.3.4.1 The successful bidder agrees to maximize the utilization of any food items obtained through the commodities program of the USDA or any other similar food source, which will be credited against the weekly invoice at a value determined by the USDA.

2.3.4.2 The MDOC will be producing vegetables in their farm operations. Vegetables grown/produced by the MDOC will be utilized and processed by the MDOC and will have priority over purchased items. These items will be credited against the weekly invoice. This value will be declared by MDOC and adjusted for processing based on the USDA National FOB Review (Appendix E).

2.6 Market Information

2.6.1 The MDOC expects the selected bidder to provide the MDOC Food Service Director with market information related to product condition and quality, pricing trends and new products, and if appropriate, the bidder shall make recommendations on more appropriate product(s) to use.

2.6.2 Substitutions and Shortages. All substitutions must be approved by the MDOC Food Service

Director or designee. Substitutions must be equal to or better than the contracted items.

2.7 Menu Cycle

2.7.1 MDOC will run a four-week menu cycle starting with week one. After the fourth week, the menu will start over again with week one. Every six months the menu may be changed to substitute different meals. Changes will be made only after a menu conference is held with the MDOC

Food Services Director and the selected bidder. This will allow MDOC to change products that are not being accepted well by offenders. MDOC will place orders with the bidder one week in advance of each week. This will allow time to make any necessary menu changes.

2.8 Other Conditions

2.8.1 Invoicing. The successful bidder shall invoice MDOC at the corresponding cost per inmate, per day on a weekly basis based on the daily midnight count provided by the inmate locator offices.

The billing cycle will be Saturday through Friday. The weekly invoice will contain the total population for the week, the corresponding price and the total for each facility. A detailed report showing the count by day for each facility will be provided as backup for the invoice.

2.8.2 Term of Contract. The contract shall be for three (3) years beginning March 1, 2026 and ending

February 28, 2029. Upon written agreement of both parties at least ninety (90) days prior to the contract anniversary date, the contract may be renewed by the MDOC for a period of one (1) successive one-year period. The total number of renewal years permitted shall not exceed two (2). Total contract term may not exceed sixty (60) months or five (5) years.

2.8.3 Price Adjustment. The bidder must guarantee the prices for the twelve months of the contract.

MDOC will conduct a Vendor Review annually in April to discuss food quality, vendor performance, and cost of food. MDOC may consider an increase in Food Product payment per day, if vendor can provide substantive evidence and documentation to grant and increase (PPI or CPI) Food increase in price per day, if granted, may not exceed five percent (5%) of current year’s price per day. It shall be the responsibility of the bidder to thoroughly familiarize themselves with the provisions of these specifications. After executing the contract, no consideration will be given to any claim of misunderstanding.

The bidder agrees to abide by the rules and regulations as prescribed herein and as prescribed by the MDOC as the same now existing, or may exist hereafter from time-to-time be changed in writing.

2.8.4 Insurance.

2.8.4.1 The proposed bidder is required to provide to MDOC with proof of insurance to include, but not limited to the following:

a. Workers’ Compensation and Employers’ Liability Insurance to cover obligations imposed by Federal and State Statutes having jurisdiction of its employees engaged in the performance of the services, and Employers’ Liability insurance with a minimum limit of one hundred thousand dollars ($100,000.00).

Evidence of self-insured status shall also suffice for this section.

b. Comprehensive General Liability coverage for bodily injury, death, and property damage, including personal injury liability, products and completed operations.

• Property Damage: Minimum One million dollars ($1,000,000.00) per occurrence limit for any single claimant; and two million dollars ($2,000,000.00) per occurrence for multiple claimants.

c. Contractual Liability/Bodily Injury with a minimum coverage amount of one million dollars ($1,000,000.00).

d. Motor Vehicle Liability Insurance coverall all vehicles, owned or otherwise, used in this contract with limits of at least one million dollars ($1,000,000.00) per occurrence for any single claimant; and two million dollars ($2,000,000.00) per occurrence limit for multiple claimants.

e. Fidelity Bond Insurance on Contractor’s Employees with a minimum coverage of fifty thousand dollars ($50,000.00).

2.8.4.2 Insurance carriers must be licensed or hold Certificate of Authority from the Mississippi Department of Insurance and such certificate shall identify the Contract and contain provisions that coverage afforded under the policies shall not be canceled, terminated or materially altered. There are no provisions for exceptions to this requirement.

Failure to provide the certificates of insurance may be cause for the bid to be disqualified or for the contract to be cancelled.

2.8.5 Performance Bond. The successful bidder is required to establish and furnish, to the MDOC within 30 days of the published Contract Intent to Award, a performance bond in the amount $1,000,000.00. Said performance bond shall be in the form of bond issued by an insurance company in the State of Mississippi and countersigned by an agent resident in Mississippi. The performance bond shall be in force for the life of the contract. There are no exceptions to this requirement. Failure to provide the performance bond certificate may be cause for the contract to be cancelled.

2.9 Bidder’s Responsibilities

Minimum requirements for the successful bidder to be deemed responsible include the following:

2.9.1 Bidder must demonstrate the ability to provide and deliver food products to facilities as designated herein. Bidder must submit a listing of past and present institutional consumers along with contract information.

2.9.2 Bidder must provide two (2) years of certified financial statements with notes reflecting a capability to sustain operations.

2.9.3 Bidder must acknowledge full accountability and responsibility for all food product deliveries.

2.9.4 Bidder must acknowledge compliance with all federal, state, and local laws pertaining to food product delivery.

2.9.5 Bidder must submit an emergency plan for contingent deliveries.

2.9.6 Bidder is to provide an operating transition plan that will include risks and contingencies, strategies, transition schedule, transition resources, reporting and communication procedures, and transition team. The purpose of transition planning is to layout the tasks and activities that need to take place to effectively deliver food products requested in this IFB to ensure that the bidder can provide food products without interruption.

2.9.7 Bidder must provide a schedule of the proposed delivery system, reflecting time requirements for delivery to all facilities listed in this IFB.

2.9.8 Bidder must provide information on bidder’s automated inventory management system on all food products provided to MDOC, if available, and MDOC’s ability to utilize this system.

2.9.9 Bidder must establish or have in place, if awarded, the contract, a regional office in the State of

Mississippi which must be maintained throughout the term of the contract. The office cannot be located at any of the MDOC facilities.

2.9.10 Bidder must provide MDOC with an acceptable nutritional menu program with recipe capabilities, as well as a Mississippi licensed Registered Dietician Nutritionist.

2.10 Quality Assurance

2.10.1 Bidder must be able to provide samples, at the cost of the bidder, for testing to ascertain the most acceptable/appropriate products to MDOC needs.

2.10.2 Bidder’s must provide the MDOC Food Service Director or designee copies of the bidder’s product specifications for review within 48 hours of request.

2.10.3 The successful bidder acknowledges that MDOC reserves the right to request product quality testing during any period of the contract term. Product quality testing may take place at any facility listed within this IFB. At the beginning of the contract, the MDOC anticipates the need for a large amount of can cutting and product testing to decide the quality level of the items to purchase. A select number of MDOC personnel will attend these testing sessions. Throughout the contract, additional testing will be performed at the request of the MDOC Food Service Director or designee.

Section 3: Bid Evaluation and Award

3.1 Bid Evaluation

3.1.1 Bids will be evaluated based on lowest per inmate per day price and the requirements and specifications set forth herein, which may include criteria to determine acceptability such as inspection, testing, quality, delivery, nutritional menu program, and suitability for a particular purpose. These criteria along with the price per inmate per day price will be considered in evaluation for award and shall be objectively measurable where possible. This Invitation for Bids sets forth the evaluation criterion to be used. No criteria will be used in this evaluation that is not set forth in this Invitation for Bids. Only Bidders who are found responsive and responsible will have their Bids considered.

3.1.2 MDOC will evaluate bids based on the requirements set forth in this IFB. No criteria will be used in an evaluation that is not outlined in this Invitation for Bids.

3.2 Nonconforming Terms and Conditions

A bid response that includes terms and conditions that do not conform to the terms and conditions in the IFB is subject to rejection as non-responsive. MDOC reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by MDOC of non-responsiveness based on the submission of nonconforming terms and conditions. This reservation of rights shall not be interpreted as a requirement that MDO permit withdrawal of nonconforming terms and conditions.

3.2 Minimum Requirements to Be Deemed Responsive

3.2.1 Bidder must submit a bid which conforms in all material respects to the IFB as determined by

MDOC.

3.2.2 In order to be deemed responsive the Bidder must:

a. Completed Bid Cover Sheet (Attachment A)

b. Completed Bid Form (Attachment B)

c. Signed Certifications and Assurances (Attachment D)

d. Completed W-9 Form, signed by authorized representative

e. Two (2) years of certified financial statements

f. Proof of Insurance (See Section 2.8)

3.3 Minimum Requirements to Be Deemed Responsible

A bidder must meet each of the following minimum qualifications to be deemed responsible:

3.3.1 Bidder must furnish a listing of at least three (3) references along with the contract person, address, and phone number for each. These references must be familiar with the Bidder’s abilities in the areas involved with this solicitation. The MDOC will use these references to determine the Bidder’s ability to perform the services. It is the responsibility of the Bidder to ensure that the reference contact information is correct and current. Bidders should verify before submitting their bid that the contact person and phone number are correct for each reference. The Bidder may submit as many references as desired. The MDOC will begin contracting references at the top of the list and will continue down the list until two (2) contacts have been reached.

References must be listed on Attachment C.

3.3.2 Bidder must be qualified to do business in Mississippi by registering with the Secretary of State.

Any Bidder who is not registered to do business in the state on the bid submission deadline must agree to complete any necessary registration within seven (7) business days of the Notice of Intent to Award if the Bidder is named the intended awardee.

3.3.3 Bidder must demonstrate the ability to provide and deliver food products to facilities in similar scale and size as designated herein. Bidder must submit a listing of past and present institutional consumers along with contract information.

3.3.4 Bidder must provide two (2) years of certified financial statements with notes reflecting a capability to sustain operations.

3.3.5 Bidder must acknowledge full accountability and responsibility for all food product deliveries.

3.3.6 Bidder must acknowledge compliance with all federal, state, and local laws pertaining to food product delivery.

3.3.7 Bidder must submit an emergency plan for contingent deliveries.

3.3.8 Bidder is to provide an operating transition plan that will include risks and contingencies, strategies, transition schedule, transition resources, reporting and communication procedures, and transition team. The purpose of transition planning is to layout the tasks and activities that need to take place to effectively deliver food products requested in this IFB to ensure that the bidder can provide food products without interruption.

3.3.9 Bidder must provide a schedule of the proposed delivery system, reflecting time requirements for delivery to all facilities listed in this IFB.

3.3.10 Bidder must provide information on bidder’s automated inventory management system on all food products provided to MDOC, if available, and MDOC’s ability to utilize this system.

3.3.11 Bidder must establish or have in place, if awarded, the contract, a regional office in the State of

Mississippi which must be maintained throughout the term of the contract. The office cannot be located at any of the MDOC facilities.

3.3.12 Bidder must provide MDOC with an acceptable nutritional menu program with recipe capabilities, as well as a Mississippi licensed Registered Dietician Nutritionist.

3.4 Award Notification

All participating bidder will be notified of the MDOC’s intent to award a contract in writing. The Notice of Intent to Award is also made available to the public.

3.5 Protest of Award

3.5.1 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 Burl Cain, Commissioner and Courtney E. Cockrell, Deputy General Counsel. The protest shall be submitted in writing within seven (7) days after such aggrieved person knows or should have known of the fact giving raised hereto.

3.5.2 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. The written protest letter shall contain the name and address of the Protestor, the RFx number and name, and explanation of the specific basis for the protest. The protesting Bidder must provide facts and evidence to support the protest.

3.5.3 A protest is considered filed when received by Courtney E. Cockrell, via either U.S. mail, postage prepaid, or personal delivery.

3.6 Protest Notice of Decision

A copy of the Notice of Decision shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

3.7 Finality of Decision

A decision shall be final and conclusive, unless fraudulent, or: Any person adversely affected by the decision appeals administratively to the Procurement Review Board in accordance with Section 6.204.

ATTACHMENT A: Bid Cover Sheet

The Mississippi Department of Corrections is seeking to establish a contract for food products

Bids are to be submitted on or before 10:00 a.m. CDT on December 4, 2025. If bids are being mailed or delivered, PLEASE MARK YOUR ENVELOPE:

Mississippi Department of Corrections Legal Department Attn: Procurement and Contracts 301 North Lamar Street Jackson, MS 39201

SEALED BID – DO NOT OPEN

RFx 3160007716 – Food Products for Self-Operated Food Services TO BE OPENED: December 4, 2025

Name of Company: _________________________________________________________________________

Company Representative: ____________________________________________________________________

Quoted By: ________________________________________________________________________________

Signature: _________________________________________________________________________________

Address: __________________________________________________________________________________

City/State/Zip Code: ________________________________________________________________________

FEI/FIN # (if company or corporation) or SS# (if individual): ________________________________________

In addition to providing the above contact information, please answer the following questions regarding your company:

What year was your company started? ________________

How many years and/or months has your company been in business of providing food products to institutional consumers as for in the Invitations for Bids? ___________________________________________________

Please provide the physical location and mailing address of your company’s home office, principal place of business, and place of incorporation.

Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please discuss the impact both in organization and directional terms.

List all licenses or permits your company possesses that are applicable to delivery, distribution, manufacturing, producing or providing food products as required in this Invitation for Bids.

ATTACHMENT B: Bid Form for Food Products for Self-Operated Food Services

Company Company Representative Telephone

The pricing quotes must be inclusive of, but not limited to the following:

• All required food products;

• All required insurance;

• All required overhead;

• All required transportation;

• All required labor;

• All required profit;

• All required business and professional licenses, permits, fees, etc. (if any); and

• Any and all other costs associated with delivery of food products.

PRICING STRUCTURE: Contractor agrees to furnish food products as specified in this Bid at the rate per inmate per day, for the entire duration of the contract resulting from this IFB.

PRICE PER INMATE PER DAY $________________________________________

By signing below, the Company Representative certifies that he/she has authority to bind the company, and further acknowledges on behalf of the company:

1. That he/she has thoroughly read and understand this Invitation for Bids, RFx 3160007716, and the attachments herein.

2. That the entity meets all requirements and acknowledges all certifications contained in this Invitation for Bids and the attachments herein.

3. That the company agrees to all provisions of this Invitation for Bids and attachments herein.

4. That, to the best of its knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of the submission date.

5. That the company has, or will secure, at its own expense, applicable personnel who shall be qualified to perform the duties required to be performed under this Invitation for Bids.

Printed Name: ___________________________________ __________________________________________

Signature: _________________________________________________________________________________

ATTACHMENT C: References Bidder must submit at least 3 references. References will be contacted in order listed until two (2) references have been interviewed. Bidders are encouraged to submit additional references to ensure at least two references are available for interview within two (2) business days of bid opening to be considered acceptable.

REFERENCE 1

Name of Company: _________________________________________________________________________

Dates of Service: ___________________________________________________________________________

Contact Person: ____________________________________________________________________________

Address: __________________________________________________________________________________

City/State/Zip: _____________________________________________________________________________

Telephone #: ______________________________ Email Address: ___________________________________

Alternative Contact Person (optional): __________________________________________________________

Telephone #: _______________________________ Email Address: __________________________________

REFERENCE 2

Name of Company: _________________________________________________________________________

Dates of Service: ___________________________________________________________________________

Contact Person: ____________________________________________________________________________

Address: __________________________________________________________________________________

City/State/Zip: _____________________________________________________________________________

Telephone #: ______________________________ Email Address: ___________________________________

REFERENCE 3

Dates of Service: ___________________________________________________________________________

Contact Person: ____________________________________________________________________________

Address: __________________________________________________________________________________

City/State/Zip: _____________________________________________________________________________

Telephone #: ______________________________ Email Address: ___________________________________

REFERENCE 4

Dates of Service: ___________________________________________________________________________

Contact Person: ____________________________________________________________________________

Address: __________________________________________________________________________________

City/State/Zip: _____________________________________________________________________________

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