RFX3160007908 MDEQ-IFB09112026.pdf

RFx3160007908 MDEQ-IFB09112026 1

INVITATION FOR BIDS (IFB)

PROCUREMENT NUMBER: RFx3160007908 MDEQ-IFB09112026

TO PROVIDE: Professional emergency response and cleanup activities for all types of environmental hazards on an as needed basis

ISSUE DATE

September 11, 2026

CLOSING LOCATION

Mississippi Department of Environmental Quality

700 North State Street

Jackson, MS 39202

Or Electronically in MAGIC

CLOSING DATE AND TIME

October 12, 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 ..………………………………………………………………10

1.2.2 Bid Submission Period…………………………………………………………………...11

1.2.3 Bid Opening ..……………………………………………………………………………11

1.3 Timeline .………………………………………………………………………………………….12

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

1.5 Acknowledgement of Amendments………………………………………………………………12

1.6 Expenses Incurred in the Procurement Process .………………………………………………….13

1.7 Cancellation of Solicitation or Rejection of Individual Bids………………………………….….13

1.7.1 Notice of Cancellation of IFB……………………………………………………………13

1.8 Registration with the Mississippi Secretary of State ..……………....……………………………13

1.9 Registration with MAGIC and PayMode…………………………………………………………13

1.10 Registration with the System for Award Management (SAM)…………………………………...13

1.11 Certification of Independent Price Determination ………..……………………………………...13

1.12 Exclusion or Debarment ………………………………………………………………………….14

1.13 Right to Consider Historical Information ………………………………………………………...14

1.14 Approval…………………………………………………………………………………………..14

1.15 Property Rights……………………………………………………………………………………14

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

1.17 Minority and Women Businesses………………………………………………………………..15

SECTION 2 – PROCUREMENT METHODOLOGY…………………………………………………………..16

2.1 Restrictions on Communication with MDEQ Staff……………………………………………...16

2.2 Request for Reconsideration of the Terms of the Solicitation...…………………………………16

2.2.1 Agency Decision on Request for Reconsideration………………………………………16

2.3 Minor Informalities and Irregularities…………………………………………………………...17

2.4 Modification or Withdrawal of a Bid……………………………………………………………17

2.5 Disposition of Bids...…………………………………………………………………………….17

2.6 Corrections and Clarifications..………………………………………………………………….17

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2.7 Bid Evaluation…………………………………………………………………………………...17

2.7.1 Nonconforming Terms and Conditions………………………………………………….18

2.7.2 Conditioning Bid Upon Other Awards…………………………………………………..18

2.8 Right of Negotiation……………………………………………………………………………..18

2.9 Award……………………………………………………………………………………………18

2.9.1 Notice of Intent to Award.……………………………………………………………….18

2.10 Request for Reconsideration of the Intent to Award…………………………………………….18

2.10.1 Agency Decision for Request for Reconsideration……………………………………...19

2.11 Notice of Contract Award ..……...……………………………………………………………...20

SECTION 3 – INSURANCE...………………………………………………………………………………….20

SECTION 4 – MINIMUM QUALIFICATIONS TO BE DEEMED RESPONSIBLE…………………………21

ATTACHMENT A – BID FORM/RATE SHEET ..…...……………………………………………………….24

ATTACHMENT B – LIST OF PRIOR EXPERIENCE .....…………………………………………………….37

ATTACHMENT C – MBE/WBE SOLICITATION…………………………………………………………….44

ATTACHMENT D – CERTIFICATION OF AVAILABLE EQUIPMENT.……………….………………….46

ATTACHMENT E – CERTIFICATION OF CORPORATE HEALTH AND SAFETY PROGRAM ..………48

ATTACHMENT F – BIDDER’S STATEMENT OF COMPLIANCE..………………………………………..49

ATTACHMENT G – INSTRUCTIONS FOR MAGIC………………………….……………………………...52

ATTACHMENT H – CERTIFICATE OF MS FIRST INITIATIVE COMMITMENT INITIATIVE …….…..53

ATTACHMENT I – BID BOND ..…………………………………………………………………….………..54

ATTACHMENT J – STANDARD CONTRACT TERMS AND CONDITIONS....…………………………...56

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SECTION 1 – INTRODUCTION AND OVERVIEW

1.1 Purpose

The Mississippi Department of Environmental Quality (MDEQ) is seeking sealed bids from organizations licensed in the State of Mississippi to assist MDEQ, on an as needed basis, with professional emergency response and cleanup services and activities for all types of environmental hazards.

1.1.1 Scope of Services

The Bidder shall perform the following services throughout the geographical boundaries of the

State of Mississippi:

A. Effectively and safely respond, in an expeditious manner, to a variety of emergency incidents/circumstances on land and in water which includes, but is not limited to:

• Provide sufficient personnel and equipment to, at a minimum, contain spills, recover the contaminant(s) of concern, and clean up gross contamination associated with releases to the environment;

• Monitoring of a site including air surveillance and environmental sampling where necessary while following U.S. EPA protocol(s);

• Sample both hazardous and non-hazardous materials;

• Analyze samples or provide twenty-four (24) hour laboratory services;

• Neutralize releases;

• Decontaminate personnel, equipment or structures;

• Remove contaminants from sunken vessels or vessel discharges;

• Transport hazardous or non-hazardous materials, waste, and samples;

• Deploy boom, skimmers, or other spill response equipment as needed to minimize environmental impacts;

• Excavate areas where hazardous or non-hazardous materials/waste may be buried or deposited;

• Perform pressure and non-pressure chemical transfers, and

• Perform other related tasks, as needed.

B. Materials encountered that the Bidder must have the ability to remove, sample, analyze, and dispose of includes: pollutants, oil and any of its derivatives, hazardous substances, hazardous waste, biomedical waste, chemical or biological warfare agents, solid waste, unknown materials, or any material that is regulated by MDEQ or the federal government

RFx3160007908 MDEQ-IFB09112026 5 which may be a threat to the public health or environment. Due to the emergency nature associated with responding to incidents involving hazardous materials/pollutants, it is imperative that any emergency response contractor demonstrate the ability to respond in an expeditious manner and must be available 24 hours a day, 7 days a week, all 365 days a year for the duration of the Contract.

C. Perform other emergency response and cleanup activities involving oil, hazardous, or non-hazardous material/waste as directed by MDEQ.

1.1.2 Contract Type

Compensation for the work performed pursuant to the Contract(s) will be in the form of firm fixed price, with price adjustment based on provisions of the Contract. The Contractor shall be paid in accordance with the rates in the Bid Form/Rate Sheet in Attachment A.

Contractor(s) understands that under this IFB and any resulting contract, that they shall provide services and/or goods on an indefinite-delivery, as-needed basis in accordance with individual

Work Orders issued by MDEQ. MDEQ has no obligation to issue any minimum number of

Work Orders or to request any specific volume, quantity, or amount of work under the IFB or resulting Contract. Each Work Order shall describe the scope, schedule, and costs for the services requested in accordance with the Contract. Only Work Orders executed in writing by

MDEQ and by the Contractor shall be binding. Contractor acknowledges and agrees that no representation, promise, or guarantee of any amount of work is made or implied by this IFB or the Contract.

1.1.3 Term

The anticipated Period of Performance for the award of a Contract(s) under this IFB is a maximum five (5) year period.

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 by MDEQ when the bid is received by MDEQ.

Failure to submit a bid with the Bid Form/Rate Sheet provided in Attachment A may be considered just cause for rejection of the bid. Modifications or additions to any portion of the IFB requirements provided by the Bidder in response to this IFB (including the Bid Form/Rate Sheet) 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.

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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.

MDEQ reserves the right to decide, on a case-by-case basis, whether to reject a bid with modifications or additions to the requirements of this IFB as non-responsive. As a pre-condition to bid evaluation or 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:

SEALED BID – DO NOT OPEN

RFx3160007908 MDEQ-IFB09112026

Attention: Ms. Aveleka Moore

700 North State Street

Jackson, MS 39202

Bidder’s Name:

Bidder’s Legal Address:

Certificate of Responsibility No.:

SEALED BID – DO NOT OPEN

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

Government Information and Collaboration (MAGIC) at RFx Number 3160007908 no later than the deadline in Section 1.3 of this IFB for the bid submission deadline. Please note that MAGIC is managed and ran by the Mississippi Department of Finance and Administration (DFA).

Technical assistance for electronic submissions is available at mash@dfa.ms.gov. When a bid is submitted electronically, compliance with exterior bid/quote envelope requirements is accomplished where inclusion of that same information is set forth in an electronic bid submittal attachment.

Sealed mailed bids or electronic bids via MAGIC are the only acceptable methods of submission for this IFB. Please allow enough time when using either option.

The sealed bid package shall include the following items (executed, as applicable, and completed in full), with section components clearly divided and identified:

A. The written information for a responsibility determination in accordance with Section 4, Minimum

Qualifications to be deemed responsible, in this IFB.

B. A copy of the Bidder’s current Certificate of Responsibility issued by the State of Mississippi for the type of work to be performed under this Invitation for Bids, pursuant to Mississippi Code Annotated

§ 31-3-21(1). The Certificate of Responsibility number must be provided on the exterior of the sealed bid envelope/package, if submitting a written bid, or, provided as an attachment included in an electronic bid submittal, if submitting an electronic bid. The Bidder must hold/possess, for at mailto:mash@dfa.ms.gov

RFx3160007908 MDEQ-IFB09112026 7 least 30 days prior to the submission deadline, a valid Certificate of Responsibility issued by the

State of Mississippi Contracting Board as follows:

• Excavation and Grading AND one of the following specialty classifications:

• Hazardous Material Abatement, Clean Up, Removal, or Remediation;

• Hazardous Materials Abatement and Remediation;

• Hazardous Materials;

• Hazardous Waste Cleanup; or

• Hazardous Waste Removal and Control.

C. If the Bidder is a non-resident contractor, Bidder shall provide one of the following, whichever is applicable:

• a copy of Bidder’s current state bidder preference law pertaining to that State’s treatment of non-resident contractors, pursuant to Mississippi Code Annotated § 31-3-21(3)

OR

• a statement on letterhead and signed by the same person who signs the Bid Form/Rate

Sheet, Attachment A, stating that no preference laws exist in that state.

The state of residency of a contractor shall be the same as the corporate office as reported by the

Mississippi Secretary of State’s office, unless any contractor reflecting a foreign corporate office with the Secretary of State provides a sworn affidavit verifying and stating that it, or its affiliate or parent company, has maintained a permanent full-time office in Mississippi, including the address(es) of such office, for at least two (2) full years prior to the bid consistent with the provisions of Mississippi Code § 31-3-21(c), in which case such contractor shall be considered a resident Bidder.

D. Attachment H. A Certificate of Commitment to Comply with the obligation to provide an employment plan pursuant to Mississippi Code Annotated § 31-5-37, which is attached hereto as

Attachment H. A copy of the employment plan form that must be submitted after Contract award is available from the Mississippi Department of Employment Security, and at the following link on their website: http://www.mdes.ms.gov/employers/mississippi-first-act-and-public-works-contracts-employment-plans/.

E. Attachment I. A Bid Bond, found in Attachment I, in the amount of five percent (5%) of the total bid/contract amount of $3,000,000.00, naming MDEQ as the beneficiary and meeting the requirements of Section 1.2 of this Invitation for Bids.

F. Attachment B. Provide documentation demonstrating that the Bidder has direct experience in successfully performing product transfers from highway tank trucks, rail cars, and other fixed-facility tanks. The Bidder must have the ability to safely and expeditiously transfer acids, caustics, poisons, flammables, and reactive substances. It is imperative that a MDEQ Contractor have the

RFx3160007908 MDEQ-IFB09112026 8 ability to safely perform commodity transfers from a damaged/overturned tank/tankers while being able to monitor the health and safety of the public and responders.

The Bidder shall provide a record of projects of similar size and scope completed by the Bidder within the past five (5) years by completing Attachment B, List of Prior Experience. This information shall include, at a minimum, a summary of eight (8) separate and verifiable projects that the Bidder was the Primary Contractor on, which have been completed within the last five (5) years.

These project descriptions must include, at a minimum, two (2) successful responses to each of the following DOT hazardous material classifications: (i) Poison Substance; (ii) Corrosive Substance;

(iii) Flammable Substance; and (iv) Reactive Substance. The Bidder should also include at least one

(1) commodity transfer operation, involving rail, and/or fixed-facility, and/or highway, for each of the above referenced hazardous material classifications. Information should be provided in written summary/report form for review.

G. The Bidder must submit a statement listing the abilities, qualifications, and experience of all persons who would be assigned to provide the required services. The Bidder must submit a statement listing the personnel with a minimum of experience in hazardous materials emergency response operations, together with the level of education, training, work experience and a brief description of the responsibilities, as outlined below:

• Project Manager/ Response Manager: Eight (8) years of experience in hazardous materials emergency response, including documented experience in transferring hazardous materials from damaged/overturned highway tank trucks, including gasoline tankers and chemical tankers. The

Bidder must provide documentation indicating that each responding office location has at least two (2) Project Managers/Response Managers meeting these qualifications. Bidder must document a minimum of two (2) product transfers from both a gasoline tanker and a chemical tanker performed by each Project Manager/Response Manager.

• Supervisor: Four (4) years of experience in hazardous materials emergency response, including one (1) year in management.

• Foreman: Three (3) years of experience in hazardous materials emergency response.

• Equipment Operator: One (1) year of experience in hazardous materials emergency response

H. The Bidder must submit a list of office locations where responses to emergencies will originate and their physical addresses. The Bidder must have a response office located inside the State of

Mississippi.

I. The Bidder must confirm in writing that it can provide services as the need arises on a twenty-four

(24) hour, 365-day a year basis. The Bidder must have a physically monitored twenty-four (24) hour telephone number for the purposes of notification. Paging and answering machines do not satisfy this requirement.

J. The Bidder must certify and supply the following information for all personnel, full or part time, involved in hazardous material emergency response to demonstrate that they are in compliance with

OSHA Standards (29 C.F.R. § 1910.120):

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• HAZWOPER 40 hour training

• HAZWOPER 8 hour refresher, if applicable

• Respirator Fit-Test

• Pre-placement physical

• Annual Physical, if applicable

• Special Physical, if applicable

• Medical Fit-for-Duty Statement, issued by a licensed occupational physician

MDEQ reserves the right to request proof of the physical documentation of these items at any time.

K. Attachment D. The Bidder must confirm, by signing the Certification of Available Equipment, provided in Attachment D, that it possesses, at each service location, its own equipment to accomplish emergency activities described above.

L. The Bidder must confirm in writing that it can provide or has the capability to provide the following

Traffic Control Equipment and Requirements. This provision is not a requirement at each service location. The conditions of this provision must be at a location that is central to the Bidders’ area of coverage. The Bidder must have the capability to provide turn-key traffic control services on an emergency basis for highway and public road incidents or demonstrate the contractual ability to hire traffic control services by providing an agreement through a subcontractor located in state or in a neighboring state. This includes ownership of all traffic cones, barrels, standard highway signs, signals and signaling devices, and other traffic control devices that may be required by the Mississippi

Department of Transportation (MDOT) to detour traffic through or around a hazardous materials incident. The Bidder, or its subcontractor, must own all above-referenced equipment and have sufficient quantity to perform a lane or shoulder closure of up to 1.0 mile in length under both night-time and day-time conditions. The deployment of traffic control equipment must be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and MDOT Standard Drawings and

Specifications.

M. Attachment E. The Bidder must certify that they have a Corporate Health and Safety Program as a requirement for this contract by completing Attachment E, Certification of Corporate Health and

Safety Program. MDEQ reserves the right to request physical documentation of this item at any time.

N. The Bidder must have a dedicated Corporate Health and Safety Professional responsible for health and safety issues or demonstrate the contractual ability to hire a Corporate Health and Safety

Professional by providing an agreement through a subcontractor. The Corporate Health and Safety professional must serve in a position dedicated to health and safety issues. The Bidder must submit a statement listing the abilities, qualifications, and experience of all persons who would be assigned to provide the required services. The Bidder must submit a statement listing the personnel with a minimum of experience in hazardous materials emergency response operations, together with the level of education, training, work experience and a brief description of the responsibilities, as outlined below: The individual, or subcontractor, must meet the following minimum requirements:

• Be a Certified Industrial Hygienist or a Certified Safety Professional AND

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• Have five (5) years of experience as a health and safety manager in the field of environmental remediation and/or hazardous materials emergency response.

O. The Bidder must provide, in writing, proof of a valid U.S. Coast Guard Oil Spill Response

Organization Classification issued at least thirty (30) days prior to the submission deadline.

P. The Bidder must supply a written report of all the Bidder’s violations which have occurred within the past twelve (12) months of state or federal regulatory programs which have jurisdiction over emergency response activities (OSHA, State & Federal Department of Transportation (DOT), Environmental Protection Agency (EPA), MDEQ and other similar state and federal programs. This report should also state the corrective action taken to prevent similar violations. If there are no violations within the past 12 months, provide a statement stating such with its bid.

Q. The Bidder must submit a list of laboratory names that it utilizes on a regular basis and provide telephone numbers and addresses for those laboratories that can provide twenty-four (24) hour turn around service for environmental samples, to include priority pollutants, Total Petroleum

Hydrocarbons, benzene, toluene, ethybenzene, and xylene,etc.

R. The Bidder must provide, in writing, proof of knowledge and/or training in packaging requirements in accordance with U.S. Department of Transportation regulations for packaging and transportation of samples and wastes.

S. The Bidder must confirm, in writing, that its employees have knowledge and/or training in EPA environmental sampling protocols/procedures, to include examples of sampling protocols/procedures for sampling priority pollutants, BTEX and TPH in surface water, drums and soils.

T. Certificate of Good Standing: Provide proof from Mississippi Secretary of State demonstrating that the Bidder is in good standing to do business in Mississippi – Such proof is not included in the thirty

(30) page limit of the bid.

U. Acknowledgement of Amendments: The Bidder shall acknowledge receipt of any amendment to this IFB in writing. The acknowledgement shall be submitted by signing and returning the amendment with its bid in addition to acknowledging such on the Bid Form/Rate Sheet. Each bidder shall submit a written acknowledgement MDEQ on or before the submission deadline.

Acknowledgement of Amendments will not be counted as included in the thirty (30) page limit of the bid.

V. Attachment F. Bidder must provide the statement of compliance as included in Attachment F.

1.2.1 Confidential Information

In addition to the complete unredacted version of the bid, bidder, if claiming certain bid information as confidential, shall also submit a redacted copy of the bid with information the bidder deems confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-

23-1, such confidential information being redacted in black.

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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.

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.

The Bidder is subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and

Regulations if MDEQ or the PPRB determine that redactions made by the bidder were made in bad faith in order to prohibit public access to the portions of the bid which are not subject to

Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1.

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 two or more MDEQ officials on the date designated in this IFB. Bids will 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.

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1.3 Timeline

September 11, 2026 Invitation for Bids issued

September 25, 2026 Deadline to submit questions/clarification requests by 9:00 a.m. CDT

October 5, 2026 Anticipated issuance of responses to questions/clarification requests*

October 12, 2026 Bid submission deadline by 3:00 p.m. CDT

October 12, 2026 Bid opening at MDEQ’s Offices at 3:15 p.m. CDT

October 26, 2026 Notice of Intent to Award*

October 29, 2026 Deadline to request Reconsideration of the Intent to Award by 9:00 a.m. CDT*

November 03, 2026 Response to the request for Reconsideration of the Intent to Award*

December 02, 2026 Notice of Contract Award*

NOTE: Adjustments to the timeline may be made as deemed necessary by MDEQ in accordance with applicable procurement rules. The above dates annotated with * are estimated timeframes and are subject to change, but such corresponding items will be updated and provided in accordance applicable rules and regulations.

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 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.

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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.

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 Certification of 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.

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

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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.

1.14 Approval

It is understood that any contract resulting from RFx3160007908 MDEQ-IFB09112026 requires approval by the Public Procurement Review Board (PPRB), the Department of Finance and

Administration Office of Personal Service Contract Review (OPSCR), or the Mississippi Department of

Finance and Administration Bureau of Building, Grounds and Real Property Management (BOB). If any contract resulting from RFx3160007908 MDEQ-IFB09112026 is not approved by the PPRB, OPSCR, or

BOB 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.

RFx3160007908 MDEQ-IFB09112026 15

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.

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.

RFx3160007908 MDEQ-IFB09112026 16

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.

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.

mailto:amoore@mdeq.ms.gov

RFx3160007908 MDEQ-IFB09112026 17

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.

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, RFx3160007908 MDEQ-IFB09112026 18 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

MDEQ may award multiple contracts under this IFB. The Bidders who meet the requirements of this

IFB (responsive and responsible Bidder(s)) shall be listed as Contractors to perform professional emergency response and cleanup services and activities of all hazards, as needed, by MDEQ. This IFB, its amendments, and the Bidder’s bid, shall be incorporated into the successful Bidder’s contract.

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

RFx3160007908 MDEQ-IFB09112026 19 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.

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, RFx3160007908 MDEQ-IFB09112026 20 including the requesting Bidder; (2) posted, publicly, on the procurement portal; and (3) posted, publicly,…