RFX3160007907 MDEQ-IFB05272026.pdf

RFx3160007907 MDEQ-IFB05272026 1

INVITATION FOR BIDS (IFB)

PROCUREMENT NUMBER: RFx3160007907 MDEQ-IFB05272026

TO PROVIDE: Occupational Safety Health Administration

(OSHA) Training Services in Accordance with 29 CFR 1910.120

Hazardous Waste Operations and Emergency Response

(HAZWOPER)

ISSUE DATE

May 27, 2026

CLOSING LOCATION

Mississippi Department of Environmental Quality

700 North State Street

Jackson, MS 39202

Or Electronically in MAGIC

CLOSING DATE AND TIME

July 7, 2026, at 3:00 p.m. CDT

MDEQ BID COORDINATOR

Ms. Aveleka Moore amoore@mdeq.ms.gov mailto:amoore@mdeq.ms.gov

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SECTION 1 – INTRODUCTION AND OVERVIEW…………………………………………………………...4

1.1 Purpose………………………………………………….…………………………………………4

1.1.1 Scope of Services…………………………………………………………………………4

1.1.2 Contract Type……………………………………………………………………………..5

1.1.3 Term………………………………………………………………………………………5

1.2 Bid Acceptance Period and Submission Requirements…..………………………………………..5

1.2.1 Confidential Information………………………………………………………………….7

1.2.2 Bid Submission Period……………………………………………………………………8

1.2.3 Bid Opening………………………………………………………………………………8

1.3 Timeline……………………………………………………………………………………………8

1.4 Questions and Requests for Clarification ……………...………………………………………

1.5 Acknowledgement of Amendments………………………………………………………………..9

1.6 Expenses Incurred in the Procurement Process…………………………………………………

1.7 Cancellation of Solicitation or Rejection of Individual Bids………………………………….…...9

1.7.1 Notice of Cancellation of IFB…………………………………………………………….9

1.8 Registration with the Mississippi Secretary of State ..……………....………………………….…9

1.9 Registration with MAGIC and PayMode…………………………………………………………10

1.10 Registration with the System for Award Management (SAM)…………………………………...10

1.11 Independent Price Determination ………………………………………………………………...10

1.12 Exclusion or Debarment ………………………………………………………………………….10

1.13 Right to Consider Historical Information ………………………………………………………...10

1.14 Approval…………………………………………………………………………………………..11

1.15 Property Rights……………………………………………………………………………………11

1.16 Contract Rights…………………………………………………………………………………

1.17 Minority and Women Businesses………………………………………………………………..11

SECTION 2 – PROCUREMENT METHODOLOGY…………………………………………………………..12

2.1 Restrictions on Communication with MDEQ Staff……………………………………………...12

2.2 Request for Reconsideration of the Terms of the Solicitation...…………………………………12

2.2.1 Agency Decision on Request for Reconsideration………………………………………13

2.3 Minor Informalities and Irregularities…………………………………………………………...13

2.4 Modification or Withdrawal of a Bid……………………………………………………………13

2.5 Disposition of Bids...…………………………………………………………………………….13

2.6 Corrections and Clarifications..………………………………………………………………….14

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2.7 Bid Evaluation…………………………………………………………………………………...14

2.7.1 Nonconforming Terms and Conditions………………………………………………….14

2.7.2 Conditioning Bid Upon Other Awards…………………………………………………..14

2.8 Right of Negotiation……………………………………………………………………………..14

2.9 Award……………………………………………………………………………………………14

2.9.1 Notice of Intent to Award.……………………………………………………………….15

2.10 Request for Reconsideration of the Intent to Award…………………………………………….15

2.10.1 Agency Decision for Request for Reconsideration……………………………………...15

2.11 Notice of Contract Award………...……………………………………………………………...16

SECTION 3 – INSURANCE…………………………………………………………………………………….16

SECTION 4 – MINIMUM QUALIFICATIONS TO BE DEEMED RESPONSIBLE …………………………16

ATTACHMENT A – BID COVER SHEET…………………………………………………………………….18

ATTACHMENT B – BID FORM……………………………………………………………………………….20

ATTACHMENT C – MBE/WBE SOLICITATION FORM……………………………………………………22

ATTACHMENT D – BIDDER’S AFFIDAVIT...……………….……………………………………………...23

ATTACHMENT E – PROJECT REFERENCES...……………………………………………………………..25

ATTACHMENT F – STANDARD CONTRACT TERMS AND CONDITIONS……………………………..28

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SECTION 1 – INTRODUCTION AND OVERVIEW

1.1 Purpose

The Mississippi Department of Environmental Quality (MDEQ) is seeking to establish a contract to provide Occupational Safety Health Administration (OSHA) training services in accordance with 29

CFR 1910.120 Hazardous Waste Operations and Emergency Response (HAZWOPER).

1.1.1 Scope of Services

The Bidder shall perform the following services:

A. Provide training services as stated below and obtain a venue in the Jackson, MS Metropolitan

Area for the training classes, which shall accommodate a class size of 15-30 participants.

• 40-hour HAZWOPER Training

1. Forty (40) instructional hours for personnel working in hazardous waste operations, where they may be directly exposed to hazardous substances.

2. In-depth training involving chemical hazards, toxicology, air monitoring, chemical analysis, personal protective equipment (PPE), excavations, shoring, radiation, decontamination, confined space entry, and incident reporting.

3. Classroom instruction, practical exercises, and field simulations. Participants must achieve 80% on the final exam and demonstrate competence in hands-on activities for certification.

4. Intended for workers, managers, and supervisors participating in hazardous waste operations where they may be exposed to hazardous materials, hazardous waste, or other health hazards.

• 24-hour HAZWOPER Training

1. Twenty-four (24) instructional hours for personnel who have limited exposure to hazardous substances but may still participate in clean-up operations involving a hazardous waste facility or a controlled emergency response operation.

2. Training involving OSHA regulations, chemical identification, hazard communication, types of radiation, work zone characteristics, site physical security, air monitoring, PPE, spill containment, and decontamination.

3. Classroom instruction, hands-on demonstrations, assessments; participants must achieve 80% on final exam for certification.

4. Intended for workers, managers, and supervisors where occasional or limited exposure may occur, but would NOT be involved in directing or conducting remediation or response actions.

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• 8-hour HAZWOPER Annual Refresher

1. Eight (8) instructional hours for personnel who have already completed the 40-hour or 24-hour HAZWOPER training and require the annual refresher.

2. Training involves review/update on regulatory changes, hazard recognition, PPE usage, emergency procedures, and case studies.

3. Classroom or online interactive session, quizzes, and verification of prior certifications; participants must achieve 80% on assessments for recertification.

4. Intended for HAZWOPER-certified personnel requiring annual refreshers.

B. The Bidder shall perform other related tasks as directed by MDEQ.

1.1.2 Contract Type

Compensation for services will be in the form of a firm fixed-price Contract.

1.1.3 Term

The anticipated Period of Performance for the award of the Contract is five (5) years.

1.2 Bid Acceptance Period and Submission Requirements

The original bid form shall be signed and submitted in a sealed envelope or package to the MDEQ no later than the time and date specified for receipt of bids. Timely submission of the bid is the responsibility of the bidder. Failure to submit a timely bid may be considered just cause for rejection of the bid.

The time and date of receipt shall be indicated on the envelope or package when received by MDEQ.

Each page of the bid form and all attachments shall be identified with the name of the bidder. Failure to submit a bid on the bid form provided may be considered just cause for rejection of the bid.

Modifications or additions to any portion of the bid document may be cause for rejection of the bid.

The bid shall be limited to no more than a total of thirty (30) typed pages including contents pages, supporting appendices, and resumes. Paper size shall be 8 1/2” x 11”. Text shall not be smaller than a font size of 12. The original bid must be signed by an authorized representative of the Bidder.

Each page of the bid must be numbered. Multiple page attachments and samples should be numbered internally within each document and not necessarily numbered in the overall page number sequence of the entire bid. The intent of this requirement is that the Bidder submit all information in a manner so that it is clearly referenced and easily located.

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MDEQ reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive. As a pre-condition to bid acceptance, MDEQ may request the bidder to withdraw or modify those portions of the bid deemed non-responsive that do not affect quality, quantity, price, or delivery of the service.

To prevent opening by unauthorized individuals, the original signed bid, including any and all attachments, must be submitted in a sealed envelope or package. The outside cover of the package containing the sealed bid must be labeled:

Mississippi Department of Environmental Quality

SEALED BID – DO NOT OPEN

RFx3160007907 MDEQ-IFB05272026

Attention: Ms. Aveleka Moore

700 North State Street

Jackson, MS 39202

Alternatively, electronic bids may be submitted to Mississippi’s Accountability System for

Government Information and Collaboration (MAGIC) RFx Number 3160007907 no later than the deadline in Section 1.3 of this IFB for the bid submission deadline.

The sealed bid package shall include the section components clearly divided and identified and contain the following:

• Attachment A – Bid Cover Sheet – Not included in the thirty (30) page limit of the bid.

• Attachment B – Bid Form – Not included in the thirty (30) page limit of the bid.

• Attachment C – MBE/WBE Solicitation Form – Not included in the thirty (30) page limit of the bid.

• Attachment D – Bidder’s Affidavit – Not included in the thirty (30) page limit of the bid.

• Attachment E – Project References – Not included in the thirty (30) page limit of the bid.

• Project Plan Management: Provide a summary discussing the project management approach that the Bidder’s Project Team will take to achieve the tasks described in the Scope of Services and course of action necessary for completion of the Scope of Services in accordance with the anticipated Period of Performance.

• Project Team, Resources and Resumes: Provide the following information:

• Provide resumes of all persons who would be assigned to provide the required services, including, but not limited to, their respective backgrounds, experience, Project responsibilities, licenses, certifications, education, and skills.

• Provide information on the Bidder’s access to or ability to obtain appropriate financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements to perform the work.

• Provide the name of any company or individual anticipated to be used as a subcontractor on this Project, as well as that subcontractor’s duties on the Project. If subcontractors have not

RFx3160007907 MDEQ-IFB05272026 7 yet been identified but the Bidder has certain duties that it anticipates subcontracting, the

Bidder shall delineate that Scope of Services to be subcontracted. If no subcontractor(s) will be used, state that no subcontractor(s) will be used. Also, the Bidder should be aware that all subcontractors must be approved by MDEQ.

• For each referenced project, please provide this information by filling out the Project Reference

Form attached as Attachment E.

• A record of at least five (5) projects, not including MDEQ, of similar size and scope completed by the proposed Project Team within the past five (5) years;

• For each project identified, identify which member(s) of the proposed Project Team participated and what role they served; and

• Professional Certifications, Licensures, and Registrations:

• Provide copies of the professional licenses/registrations for all entities that comprise the

Project Team, as applicable.

• Provide a list of individuals and their professional license, certification, or registration numbers for the persons identified in the Project Team, as applicable.

• Certificate of Good Standing: Provide proof from Mississippi Secretary of State demonstrating that the Bidder is in good standing to do business in Mississippi – not included in the thirty (30) page limit of the bid.

• Acknowledgement of Amendments: Bidder shall acknowledge receipt of any amendment to this IFB by signing and returning the amendment with its bid. Such acknowledgement must be received by MDEQ by the deadline specified for receipt of bids– not included in the thirty (30) page limit of the bid.

1.2.1 Confidential Information

Any Bidder claiming the bid contains confidential information, is required to also submit one (1) redacted electronic copy of the complete bid including all attachments.

The redacted version of the entire bid – or if the Bidder does not produce a redacted version, the full bid document – will be released at MDEQ’s sole discretion, without notice to the Bidder and will be produced as a public record exactly as submitted. If a redacted copy is not submitted, MDEQ shall consider the entire bid to be public record. The redacted copy should identify which section or information has been redacted and the Bidder should provide the specific statutory authority for the exemption. Per Mississippi Code Annotated § 25-61-9(7), the type of service to be provided, the price to be paid and the term of the contract cannot be deemed confidential.

The redacted copy shall be considered public record and immediately released, without notification of the Bidder, pursuant to any request under the Mississippi Public Records Act, Mississippi Code Annotated §§ 25-61-1 et seq. and Mississippi Code Annotated § 79-23-1.

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Redacted copies shall also be used/released for any reason deemed necessary by MDEQ, including, but not limited to, submission to the PPRB, posting to the Transparency Mississippi website, etc.

1.2.2 Bid Submission Period

All bids must be received by MDEQ no later than the time and date specified in Section 1.3 of this IFB for the bid submission deadline. Timely submission of the bid package is the responsibility of the Bidder. Any bid received after the deadline will be considered late and will be rejected and will not be considered for award. The Bidder shall be notified as soon as practicable if their bid was rejected and the reason for such rejection.

It is recommended that bids be submitted electronically in MAGIC. If a bid is mailed to MDEQ, it is suggested it be posted in certified mail with a return receipt requested. A bid received at the place designated in this IFB for receipt of bids after the exact time specified for receipt shall not be considered unless it is the only bid received. If determined by MDEQ that the late receipt was due solely to mishandling by MDEQ after receipt at the specified address, the bid may be considered for award.

1.2.3 Bid Opening

Bids shall be opened in the presence of one or more MDEQ officials on the date designated in this IFB. Bids should not be opened publicly. The name of each Bidder and such other information as is deemed appropriate by MDEQ shall be recorded. This information shall be available to the public via the Mississippi Public Records Act of 1983 as discussed in Section 1.5 of the OPSCR Rules and Regulations.

1.3 Timeline

May 27, 2026 Invitation for Bids issued

June 10, 2026 Deadline to submit questions/clarification requests by 9:00 a.m. CDT

June 23, 2026 Anticipated issuance of responses to questions/clarification requests

July 7, 2026 Bid submission deadline by 3:00 p.m. CDT

July 8, 2026 Bid opening

July 22, 2026 Notice of Intent to Award

July 27, 2026 Deadline to request Reconsideration of the Intent to Award by 9:00 a.m. CDT

July 30, 2026 Response to the request for Reconsideration of the Intent to Award

September 2, 2026 Notice of Contract Award

NOTE: Adjustments to the timeline may be made as deemed necessary by MDEQ.

1.4 Questions and Requests for Clarification

Bidders must carefully review this IFB and all attachments for defects, questionable, or objectionable material. Following review, Bidders may have questions to clarify or interpret this IFB in order to submit the best bid possible. To accommodate the questions and requests for clarifications, Bidders shall submit any such question(s) via email by the deadline specified in Section 1.3 of this IFB. At no

RFx3160007907 MDEQ-IFB05272026 9 time shall any Bidder or its personnel contact, or attempt to contact, any MDEQ staff regarding this IFB except the MDEQ Bid Coordinator, Ms. Aveleka Moore.

All questions and requests for clarification must be submitted by the deadline specified in Section 1.3 of this IFB and made in writing. Questions and requests for clarification submitted after this date will not be considered. Official responses will be provided only for questions submitted and only to clarify information already included in this IFB. Bidders shall provide an email address for MDEQ to direct the consolidated “question and answer” document, which will be issued as an Amendment. The identity of the organization submitting the question(s) or request(s) for clarification will not be revealed.

Should MDEQ issue any amendments, they will be: (1) be posted publicly on the MDEQ website; (2) be posted publicly on the procurement portal; and (3) be distributed to all potential Bidders known to have received a copy of this IFB. Only amendments transmitted in this manner will be considered official and valid by MDEQ.

1.5 Acknowledgement of Amendments

Bidders must acknowledge receipt of any amendment to this IFB by signing and returning the amendment. The acknowledgment must be included in the bid submission. MDEQ recommends that

Bidders regularly monitor the MDEQ website for amendments to this IFB. MDEQ responses to questions or clarification requests will be treated as amendments to this IFB and will require acknowledgment.

1.6 Expenses Incurred in the Procurement Process

All parties participating in the procurement process in regard to this IFB shall bear their own costs of participation, pursuant to Section 1.4.4 of the OPSCR Rules and Regulations. All costs incurred by the

Bidder in preparing and delivering its bid, making presentations, and any subsequent time and travel to meet with MDEQ regarding its bid shall be borne exclusively at the Bidder’s expense.

1.7 Cancellation of Solicitation or Rejection of Individual Bids

At MDEQ’s sole discretion, this IFB may be canceled, all bids may be rejected, or an individual bid may be rejected when MDEQ determines that it is in MDEQ’s best interest to do so.

1.7.1 Notice of Cancellation of IFB

If this IFB is canceled, a Notice of Cancellation shall be prepared. The Notice shall identify the solicitation being canceled and provide any information MDEQ deems appropriate. The Notice of Cancellation shall: (1) be posted publicly on the MDEQ website; (2) be posted publicly on the procurement portal; and (3) be distributed to all potential Bidders known to have received a copy of this IFB. A memorandum containing the reasons for the cancellation shall be made part of the

Agency Procurement File.

1.8 Registration with the Mississippi Secretary of State

By submitting a bid, the Bidder certifies that it is registered to do business in the State of Mississippi as prescribed by Mississippi Law and the Mississippi Secretary of State. Sole proprietors are not required to register with the Mississippi Secretary of State.

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1.9 Registration with the MAGIC and PayMode

The State of Mississippi utilizes MAGIC to manage contracts. Additionally, electronic payments are issued through an electronic portal called PayMode. In order to do business with the State of

Mississippi, all Bidders must be registered with both systems at www.dfa.ms.gov/mississippi-suppliersvendors. By submitting a bid, the Bidder certifies that it is registered with both systems or if not already registered, that it will do so within seven (7) business days of being notified by MDEQ that it has been awarded a contract.

1.10 Registration with the System for Award Management (SAM)

The Bidder must have a Unique Entity ID (UEI) with the System for Award Management at www.sam.gov or if not already registered, that it will do so within seven (7) business days of being notified by MDEQ that it has been awarded a contract.

1.11 Independent Price Determination

By submitting a bid, the Bidder certifies that the prices submitted in response to this IFB have been arrived at independently and without any consultation, communication, or agreement with any other

Bidder or competitor for the purpose of restricting competition.

1.12 Exclusion or Debarment

By submitting a bid in response to this IFB the Bidder certifies that it is not currently excluded or debarred from future contract awards by any political subdivision or Agency of any

State, Federal, local, or county government. The Bidder further certifies that it is not an agent of any such person or entity.

The Bidder certifies that it has not, in the (5) five-year period preceding its bid, been convicted of or had a civil judgment rendered against it for commission of a fraud or criminal offense in connection with obtaining, attempting to obtain, or performance of a public contract; violation of antitrust laws; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. The Bidder certifies that it is not presently indicted or otherwise criminally or civilly charged with the commission of any of the acts listed herein.

The Bidder certifies that, within the past five (5) years, it has not had a contract with a governmental entity terminated due to the Contractor’s failure to perform, default, or any other action or inaction by the Contractor.

1.13 Right to Consider Historical Information

MDEQ reserves the right to consider historical information regarding the Bidder, whether gained from the Bidder’s bid, conferences with the Bidder, references, or any other source during the evaluation process. This may include, but is not limited to, information from any state or federal regulatory entity.

http://www.dfa.ms.gov/mississippi-suppliersvendors http://www.dfa.ms.gov/mississippi-suppliersvendors http://www.sam.gov/

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1.14 Approval

It is understood that any contract resulting from RFx3160007907 MDEQ-IFB05272026 requires approval by the Public Procurement Review Board (PPRB) and/or the Department of Finance and

Administration Office of Personal Service Contract Review (OPSCR). If any contract resulting from

RFx3160007907 MDEQ-IFB05272026 is not approved by the PPRB and/or OPSCR, it is void and no payment shall be made.

1.15 Property Rights

Property rights do not inure to any Bidder until such time as services have been provided under a legally executed contract. No party responding to this IFB has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. MDEQ is under no obligation to award a contract and may terminate a legally executed contract at any time.

1.16 Contract Rights

Contract rights do not vest in any party until a contract is legally executed. MDEQ is under no obligation to award a contract following issuance of this IFB.

1.17 Minority and Women Businesses

MDEQ’s policy is to promote participation of Minority Business Enterprises (MBE) and Women

Business Enterprises (WBE) in the contracts let by MDEQ. The intent of the following provision is to encourage contractors to involve such businesses in a meaningful role in the provision of services under this IFB.

A. Bidder’s and Bidder’s subcontractors will abide by the following steps to encourage participation by

MBE and WBE:

1. Including MBE and WBE on solicitation lists;

2. Assuring that MBE and WBE are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of MBE and WBE;

4. Establishing delivery schedules, where the requirements of the work permits, which will encourage participation by MBE and WBE;

5. Using the services and assistance of the Small Business Administration and the Office of

Minority Business Enterprise of the U.S. Department of Commerce or Mississippi Development

Authority’s Minority Business Small Business Development Division (Mississippi Procurement

Technical Assistance Program), as appropriate; OR satisfying the self-certification requirements of this section where appropriate; and

6. Including these steps in any subcontracts awarded under this Contract.

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B. If applicable, the Bidder shall supply MDEQ with proof of the Bidder’s and Bidder’s subcontractor’s minority status by completing Attachment C and providing the following prior to contract execution:

1. Certification by the Small Business Administration;

2. Certification by the Mississippi Development Authority’s Minority Business Certification

Program; or

3. Self-Certification through Notarized affidavit of the MBE/WBE documenting that said business is:

a. Wholly owned or majority controlled by a minority or woman; and

b. Has been doing business in Mississippi for a period of at least six (6) months prior to the provision of work under this Contract.

SECTION 2 – PROCUREMENT METHODOLOGY

2.1 Restrictions on Communication with MDEQ Staff

All Bidder communication, questions, and requests for clarification regarding this IFB must be submitted in writing to the MDEQ Bid Coordinator, Ms. Aveleka Moore at amoore@mdeq.ms.gov by the deadline specified in Section 1.3 of this IFB. Unauthorized contact regarding this IFB with other employees of MDEQ may result in the Bidder being disqualified, and the Bidder may also be suspended or disbarred from the State. No negotiations, decisions, or actions shall be initiated by any Bidder as a result of any verbal discussion with any State or MDEQ representative.

MDEQ will not be bound by any verbal or written information that is not contained within this IFB unless formally noticed and issued by the MDEQ Bid Coordinator as an IFB amendment. Bidders are cautioned that any statements made by contact persons that cause a material change to any portion of this IFB document shall not be relied upon unless subsequently ratified by a formal written amendment to this IFB document.

2.2 Request for Reconsideration of the Terms of the Solicitation

Any potential Bidder has an opportunity to request that MDEQ reconsider the terms of this IFB. Any such request shall be filed with the Director of OPSCR and the MDEQ Bid Coordinator within three (3) business days following the date of public notice as defined in Section 5.2 of the OPSCR Rules and

Regulations. It shall be the sole responsibility of the requesting Bidder to ensure the request is timely received by all required parties. Failure to timely request reconsideration in compliance with this Section results in waiver of any claim regarding the terms of this IFB.

The request shall contain the requesting Bidder’s name, a single contact person, all contact information for the contact person, the RFx number of this IFB, and the date this IFB was issued. The request shall identify which of these rules and regulations the requesting Bidder believes to have been violated by this

IFB, as written. The request may not be based on anything other than this IFB and these rules and regulations. Exhibits shall not be included with the request. Rather, the requesting Bidder shall clearly identify the section(s) of this IFB at issue in its request. The request shall not be supplemented.

mailto:amoore@mdeq.ms.gov

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2.2.1 Agency Decision on Request for Reconsideration

MDEQ shall consider whether this IFB, as written, contains the violation alleged by the requesting potential Bidder and issue a written response to the request. MDEQ’s discretion to make subjective decisions in response to a request for reconsideration is limited only by the requirement that such discretion be supported by a legitimate business reason and exercised in a manner that is fair to all potential Bidders.

MDEQ’s decision shall be issued in a sufficient amount of time for the requesting Bidder to consider MDEQ’s response in preparation of its bid, even if this requires the bid submission deadline to be amended. If MDEQ’s decision is issued less than fourteen (14) days prior to the bid submission deadline, MDEQ shall make a written determination that the amount of time allotted between the issuance of MDEQ’s decision and the bid submission deadline is reasonable under the circumstances and shall state the facts supporting that conclusion. [

To issue MDEQ’s decision, both the request for reconsideration and MDEQ’s decision shall be

(1) sent directly to all potential Bidders known to have received a copy of this IFB, including the requesting Bidder; (2) posted, publicly, on the procurement portal; and (3) posted, publicly, on the MDEQ website. The request for reconsideration and MDEQ’s decision shall also be made part of the Agency Procurement File.

2.3 Minor Informalities and Irregularities

MDEQ has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any Bidder. If insufficient information is submitted by a Bidder for MDEQ to properly evaluate the offer, MDEQ has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any Bidder.

2.4 Modification or Withdrawal of a Bid

To the extent it is not contrary to the interest of MDEQ or the fair treatment of other Bidders, any Bidder may withdraw their bid and submit a modified bid at any point prior to the bid submission deadline.

Modified bids shall not be opened until the bid opening. Unless this IFB provides otherwise, any Bidder submitting more than one bid will be deemed to have withdrawn the bid submitted earlier in time in favor of the bid submitted later in time.

A Bidder may withdraw a bid at any time by written notice to the MDEQ Bid Coordinator. If any such withdrawal occurs by the successful Bidder(s) after the bid opening and/or issuance of the Notice of the

Intent to Award, MDEQ may cancel the solicitation or proceed with award of a contract as if the withdrawn bid had not been submitted.

2.5 Disposition of Bids

All submitted Bids become the property of the State of Mississippi.

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2.6 Corrections and Clarifications

MDEQ reserves the right to request clarifications or corrections to bids. Any bid received which does not meet any of the requirements of this IFB, including clarification or correction requests, may be considered non-responsive and eliminated from further consideration.

2.7 Bid Evaluation

In order to determine which Bidder is the lowest responsive and responsible Bidder, MDEQ shall evaluate: (1) whether each Bidder was responsive and provided all required information in the format required by this IFB; (2) whether each Bidder is responsible and objectively meets the minimum qualifications or other criteria listed in this IFB required to determine whether the Bidder has the skills, experience, and/or qualifications to successfully provide the services; and (3) which of the responsive and responsible Bidders submitted the lowest overall price.

2.7.1 Nonconforming Terms and Conditions

A bid that includes terms and conditions that do not conform to the terms and conditions specified within this IFB document is subject to rejection as non-responsive. Further, submission of a bid that is not complete and/or unsigned is subject to rejection as non-responsive. MDEQ staff reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by MDEQ staff of non-responsiveness based on the submission of nonconforming terms and conditions.

2.7.2 Conditioning Bid Upon Other Awards

Any bid which is conditioned upon receiving award of the particular contract being solicited and another contract shall be deemed non-responsive and not eligible for award.

2.8 Right of Negotiation

Discussions and negotiations regarding price and other matters may be conducted with a Bidder who submits a bid determined to have reasonable likelihood of being selected for award, but a bid may be accepted without such discussions. MDEQ reserves the right to further clarify and/or negotiate with the

Bidder evaluated best following completion of the evaluation of bids but prior to contract execution, if deemed necessary by MDEQ. MDEQ also reserves the right to move to the next best Bidder if negotiations do not lead to an executed contract with the best Bidder. MDEQ reserves the right to further clarify and/or negotiate with the Bidder on any matter submitted.

2.9 Award

A Contract will be awarded by written notice to the responsive and responsible Bidder with the lowest price (the average of the three (3) prices listed on the Bid Form), whose bid meets the requirements and criteria set forth in this IFB. This IFB, its amendments, and the Bidder’s bid, shall be incorporated into the successful Bidder’s contract.

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2.9.1 Notice of Intent to Award

The Notice of Intent to Award for this IFB will be: (1) distributed to all Bidders who responded to this IFB; (2) posted publicly on the Mississippi Contract/Procurement Opportunity Search

Portal website; and (3) posted publicly on the MDEQ website.

2.10 Request for Reconsideration of the Intent to Award

A Bidder who responded to this IFB has an opportunity to request that MDEQ reconsider its intent to award the contract to a specific Bidder. Any such request shall be filed with the MDEQ Bid Coordinator and the Director of OPSCR within three (3) business days following issuance of the Notice of Intent to

Award and posting of the Procurement File in compliance with Sections 5.6.1, 5.6.1.1, 5.6.1.2 of the

OPSCR Rules and Regulations. It shall be the sole responsibility of the requesting Bidder to ensure the request is timely received by all required parties. Failure to timely request reconsideration in compliance with this Section results in a waiver of any claim a Bidder may have as to the MDEQ’s decision to award the contract.

The request shall contain the requesting Bidder’s name, a single contact person, all contact information for the contact person, the RFx number of this IFB, the date this IFB was issued, and the date the Notice of Intent to Award was issued. The request shall identify which of the OPSCR Rules and Regulations and/or the terms of this IFB the requesting Bidder believes were violated by MDEQ during the evaluation process, explain the factual basis for the alleged violation(s), and specify how the alleged violation(s) affected the outcome of the procurement. The request shall not be based on anything other than the Agency Procurement File, the OPSCR Rules and Regulations, and the terms of this IFB. The request shall not be supplemented.

Exhibits shall not be included with the request. Rather, the requesting vendor shall clearly identify the portion(s) of the Agency Procurement File and/or this IFB at issue in the request. Reference to documents outside of or facts not supported by the Agency Procurement File or this IFB shall not be considered by the Agency when responding to the request.

If the requesting Bidder believes the Agency Procurement File posted on the MDEQ website is incomplete (i.e., does not contain a document or documents required by these rules and regulations), the requesting Bidder shall so state in the request and shall specify what it believes to be missing.

Should the requesting Bidder believe the trade secrets and/or confidential commercial and financial information which were redacted from the Agency Procurement File posted on the Agency website contain issues related to its request, the requesting Bidder shall state those concerns in the request – even if speculative – in a manner which is specific enough for MDEQ to provide a response.

2.10.1 Agency Decision for Request for Reconsideration

MDEQ shall consider whether the violation alleged by the requesting Bidder is reflected in the

Agency Procurement File and shall issue a written response to the request. MDEQ discretion to make subjective decisions in response to a request for reconsideration is limited only by the requirement that such discretion be supported by a legitimate business reason and exercised in a manner that is fair to all Bidders.

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MDEQ shall respond to any questions or issues raised related to documents missing from the

Agency Procurement File posted pursuant to Section 5.6.1.2 of the OPSCR Rules and

Regulations. If MDEQ failed to post the complete Agency Procurement File, the three-day time limitation for Bidders to request reconsideration of the intent to award was not triggered and shall not be triggered until the complete Agency Procurement File is posted. See Appendix D of the OPSCR Rules and Regulations.

MDEQ shall provide the most complete response possible to any questions or issues raised related to the trade secrets and/or confidential commercial or financial information of another

Bidder without revealing any trade secrets or confidential commercial or financial information.

MDEQ’s decision on the request for reconsideration shall be issued prior to submitting the contract and Agency Procurement File to OPSCR for PPRB approval as described in Sections

1.2.1, 1.2.2, and 14.8 of the OPSCR Rules and Regulations. To issue the Agency decision, both the request for reconsideration and the Agency decision shall be (1) sent directly to all bidders, including the requesting bidder; (2) posted, publicly, on the procurement portal; and (3) posted, publicly, on the MDEQ website. MDEQ’s decision shall be made part of the Agency

Procurement File.

Should MDEQ determine that its intent to award should be reconsidered in accordance with a

Bidder’s request, MDEQ may take any reasonable steps to preserve its procurement pursuant to Section 1.4.8 of the OPSCR Rules and Regulations or may cancel the procurement.

2.11 Notice of Contract Award

Following issuance of the Notice of Intent to Award, successful negotiation of the contract, and approval of the contract by the PPRB and any other required entities, MDEQ will make a Notice of Contract

Award available to the public.

SECTION 3 – INSURANCE

The Bidder represents that it will maintain Workers’ Compensation insurance in compliance with

Mississippi law which shall inure to the benefit of all the Bidder’s personnel provided hereunder, and comprehensive general liability with minimum limits of $1,000,000.00 per occurrence. All general liability will provide coverage to MDEQ as an additional insured. MDEQ reserves the right to request from carriers, certificates of insurance regarding the required coverage. Insurance carriers shall be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.

SECTION 4 – MINIMUM QUALIFICATIONS TO BE DEEMED RESPONSIBLE

Factors to be considered in determining whether the standard of responsibility has been met include whether a Bidder has:

A. Made available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

Provide the information required in Section 1.2 of this IFB.

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B. A satisfactory record of performance;

Provide the information required in Section 1.2 of this IFB.

C. A satisfactory record of integrity and supplied all necessary information in connection with the inquiry concerning responsibility.

Provide the information required in Section 1.2 of this IFB. MDEQ may contact project references as necessary to determine a satisfactory record of integrity.

The burden is on the Bidder to thoroughly demonstrate its responsibility in the above-listed categories.

Any bidder to be deemed non-responsible will be rejected.

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ATTACHMENT A

BID COVER SHEET

OSHA Training Services in Accordance with 29 CFR 1910.120 HAZWOPER

**Please complete the information below**

Bidder’s Company name:

Place of performance:

Company’s physical address and principal place of business (if different than above):

Designated company contact:

Contact’s e-mail address:

Contact’s phone number:

Age of the company:

Average number of employees over the last three (3) years:

Registered as a Supplier in MAGIC? Yes ______ No ______ Supplier Number:

Registered with PayMode? Yes _____ No ______

Registered with SAM? Yes _____ No ______ Unique Entity ID:

Registered with the Office of the Mississippi Secretary of State? Yes _____ No ______

Is the Bidder in compliance with Mississippi Code Annotated §79-4-15.01 regarding authorization to transact business in Mississippi? Yes _____ No ______

FEI/FIN # (if company, corporation, or partnership):

SS # (if individual):

RFx3160007907 MDEQ-IFB05272026 19

Is your company currently for sale, merging, or in any discussions to be acquired by another business entity?

Yes _____ No ______If yes, please explain how this might affect your company’s organization or work direction.

Dose your company anticipate using a Subcontractor on this Project? Yes _____ No ______

If yes and subcontractor(s) are known, please list:

List all the equipment that your company has available or that is intended to be used to perform the services required in this Invitation for Bids in the charts below.

OWNED EQUIPMENT

Year Make Model ID# Capacity Description

RENTED/LEASED EQUIPMENT

Year Make Model ID# Capacity Description

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ATTACHMENT B

BID FORM

OSHA Training Services in Accordance with 29 CFR 1910.120 HAZWOPER

The Bidder must submit a completed Bid Form. All pricing must be submitted on the bid form and the bid form must be signed by an individual with authority to execute contracts for the Company. Any modifications or additions to any portion of the bid form may result in rejection.

Company:

Company Representative:

Title:

Telephone:

Email:

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

• All required equipment and materials

• All required insurance

• All required overhead

• All required profit

• All required transportation

• All required labor

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

• Any and all other costs associated with performing the services

The pricing must include ALL associated costs with no additional or hidden fees. The pricing submitted will remain firm for the contract term. Price ranges are not acceptable and will be deemed non-responsive. The lowest price will be determined by the average of the three (3) prices listed on this bid form.

• Amount per 40-hour training and certification session: $____________________________

• Amount per 24-hour training and certification session: $____________________________

• Amount per 8-hour training and certification session: $_____________________________

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 understands this Invitation for Bids, the attachments hereto, and any amendments;

RFx3160007907 MDEQ-IFB05272026 21

2. That the company meets all requirements and acknowledges all certifications contained in this

Invitation for Bids, the attachments hereto, and any amendments;

3. That the company agrees to all provisions of this Invitation for Bids, the attachments hereto, and any amendments;

4. That the company will perform, without delay, the services required at the prices quoted above in this

Attachment B;

5. 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;

6. 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, the attachments hereto, and any amendments;

7. The Bidder certifies that it has the capability to provide the required services on which it submitted a bid;

8. The Bidder certifies that the company is licensed or authorized to provide the proposed services under this Invitation for Bids, the attachments hereto, and any amendments in the State of Mississippi;

9. The Bidder certifies that it 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, the attachments hereto, and any amendments; and

10. The Bidder certifies that all material, equipment, etc., contained in the bid meets all Occupational Safety

Hazards Act (OSHA) requirements, and that if any material, equipment, etc., delivered by it is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with OSHA requirements shall be borne solely by the Bidder.

Printed Name:

Signature:

Title:

Date:

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ATTACHMENT C

MBE/WBE SOLICITATION FORM

1. Provide the following information for all MBE/WBE firms that were solicited for participation in the

Bidder’s response to this IFB:

2. Select one the following:

□ The Bidder is a MBE/WBE firm and at least one or more MBE/WBE firms were solicited and selected for the proposed contract, as indicated above. Prior to contract execution, the Bidder shall supply MDEQ with proof of

Bidder’s and Bidder’s subcontractor’s MBE/WBE status by providing the documentation required in this IFB.

□ The Bidder is a MBE/WBE firm and no other MBE/WBE firms were solicited for the proposed contract. Prior to contract execution, the Bidder shall supply MDEQ with proof of the Bidder’s MBE/WBE status by providing the documentation required in this IFB.

□ The Bidder is not a MBE/WBE firm. However, at least one or more MBE/WBE firms were solicited and selected, as indicated above, for the proposed contract. Prior to contract execution, the Bidder shall supply

MDEQ with proof of the Bidder’s subcontractor’s MBE/WBE status by providing the documentation required in this IFB.

□ The Bidder is not a MBE/WBE firm. However, at least one or more MBE/WBE firms were solicited (but not selected), as indicated above, for the proposed contract.

□ The prime firm submitting for the proposed contract is not a MBE/WBE firm and no MBE/WBE firms were solicited for the proposed contract. If so, please explain.

Entity Name Address Phone Number and/or e-mail address

Certifying

Agency/

Entity/Program

Has the listed MBE/WBE been selected for participation for these requested services?

Please indicate by stating either Yes or No below.

RFx3160007907 MDEQ-IFB05272026 23

ATTACHMENT D

BIDDER’S AFFIDAVIT

NON-COLLUSION AND CONFLICT OF INTEREST AFFIDAVIT

State of _______________

County of ______________

I,_______________________________________________________, individually, and in my official capacity as ____________________ of _________________________________________ (Bidder), being first duly sworn on oath, depose and state the following on behalf of the company:

The Bidder represents as a part of such Bidder’s Bid that such Bidder has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this Contract.

By submitting a bid, the Bidder certifies that the prices submitted in response to this IFB have been arrived at independently and without any consultation, communication, or agreement with any other Bidder or competitor for the purpose of restricting competition.

The Bidder has not either directly or indirectly entered into any agreement, participated in any collusion; or otherwise taken any action in restraint of free competitive bidding in connection with this Contract; nor have any of its corporate officers or principal owners.

Except as noted hereafter, it is further certified that said legal entity and its corporate officers, principal owners, managers, auditors, and others in a position of administering governmental funds:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental department or agency;

b) Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;

c) Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State or local) with commission of any of the offenses enumerated in b) and c) above; and

e) Have not within a three-year period preceding this Bid had one or more public transactions (Federal, State or local) terminated for cause or default.

RFx3160007907 MDEQ-IFB05272026 24

The Bidder further certifies, to the best of his or her knowledge and belief, that:

a) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any…