STAGING SITE MATERIAL DEPLOYMENT_UPDATED FINAL.pdf

Mississippi Department of Marine Resources

SOLICITATION: Invitation for Bids (IFB)

SOLICITATION NUMBER:

3160008295

DESCRIPTION:

MDMR Staging Site Material Deployment

ISSUE DATE:

October 13, 2026

BID CLOSING LOCATION:

Department of Finance and Administration Office of Statewide Strategic Sourcing

501 North West Street Suite 1301-C Woolfolk Building

Jackson, Mississippi 39201

BID COORDINATOR:

Laura Furdge, Office of Statewide Strategic Sourcing (OSSS) osss@dfa.ms.gov

CLOSING DATE AND TIME: November 16, 2026, 10:00 AM CST mailto:april.burns@dfa.ms.gov

1. INTRODUCTION

The Mississippi Department of Marine Resources (MDMR) manages the coastal resources for the State of Mississippi. We are dedicated to enhancing, protecting, and conserving the marine interests of Mississippi for present and future generations. We manage all marine life, public trust wetlands, adjacent uplands, and waterfront areas for the long-term recreational, educational, commercial, and economic benefit of everyone.

2. PURPOSE

The Office of Statewide Strategic Sourcing (OSSS), on behalf of the MDMR has issued this solicitation for the purpose of seeking bids from qualified and experienced contractors for loading, transporting, and deploying concrete material by barge or vessel from the MDMR Staging Site located at 11015 Reichold Rd. in Gulfport, Mississippi, to multiple reef sites 20 to 26 miles South of Pascagoula. Exact locations will be predetermined by MDMR.

The material consists of concrete culverts, poles, manholes, box covers, and modules. Material to be loaded will be determined by MDMR personnel. The selected contractor will load material from a bulkhead onto a barge or vessel for subsequent deployment and will perform the deployment as directed by MDMR. The material will create new reefs and/or enhance existing artificial reefs in need of replenishment due to storm damage or subsidence.

3. TIMELINE

Start Date

• First Date of Advertisement

• Second Date of Advertisement

October 13, 2026 October 20, 2026

Site Visit

Upon Request MDMR Staging Site 11015 Reichold Rd Gulfport, MS 39503

Please reach out to travis.williams@dmr.ms.gov or (228) 523- 4110 to request a site visit. All site visits must be completed by October 27, 2026.

Any questions from the site visit must be submitted in writing during the question and answer period in the IFB. Only answers provided in a written amendment will be binding on MDMR.

Questions Submission Deadline Answers Posted

October 28, 2026 November 2, 2026

Bid Submission Deadline Bid Opening

November 16, 2026 10:00 AM CST November 16, 2026 2:00 PM CST mailto:travis.williams@dmr.ms.gov

Anticipated Notice of Intent to Award November 17, 2026

PPRB Board Meeting December 3, 2026

MDMR reserves the right to adjust this schedule as it deems necessary.

4. SITE VISIT

MDMR will host a site visit upon request at a time that can be arranged for interested parties.

Please reach out to Travis Williams via email at travis.williams@dmr.ms.gov or phone at (228) 523-4110 to set up a site visit. All site visits must be completed by October 27, 2026. The site visit will allow MDMR to review site conditions and project requirements. The site visit is for informational purposes only. Although there may be some discussion between site attendees and MDMR officials, the agency WILL NOT be bound by responses provided during this site visit. Only answers provided in a written amendment to this IFB will be binding on MDMR.

Site attendees must submit any questions from the visit in writing by the Question Submission Deadline above (See also 16. QUESTIONS/REQUESTS FOR CLARIFICATION and 15.

AMENDMENTS TO THIS IFB).

5. OPSCR RULES AND REGULATIONS

This solicitation and any resulting contract shall be governed by the applicable provisions of the Public Procurement Review Board (PPRB) Office of Personal Services Contract Review (OPSCR) Rules and Regulations, a copy of which is available on the Mississippi Department of Finance and Administration’s website (www.dfa.ms.gov). Any bidder responding to this solicitation is deemed to be on notice of all requirements therein.

6. RECONSIDERATION OF THE TERMS OF THE SOLICITATION

Any potential bidder may file a Request for Reconsideration of the Terms of the Solicitation.

Any such request shall be filed within three (3) business days following public notice of the solicitation and in accordance with Section 5.2.4 of the OPSCR Rules and Regulations.

7. SCOPE OF SERVICES

The scope of work for the contract will include, but is not limited to, the following:

The successful contractor will be responsible for loading, transporting, and deploying concrete material by barge or vessel from the bulkhead at MDMR Staging Site located on Reichold Rd in Gulfport to reef sites which will be predetermined by MDMR. The reef sites will be within Mississippi’s Reef Complex 1 and 2 approximately 20-26 miles south of Pascagoula, MS.

MDMR’s Artificial Reef Bureau staff and the winning contractor shall collaborate to determine what materials will be used and the method and exact locations for deployment according to the vessel and equipment capabilities, to ensure deployments maximize habitat creation/enhancement. The Contractor must submit a list of the exact equipment to be used for mailto:travis.williams@dmr.ms.gov the project. Deployment coordination is requested at least 24 hours prior to departing the loading zone and Contractor may not proceed with any deployment prior to strategy approval by Artificial Reef Bureau staff.

• The Contractor must meet with MDMR representatives at their office in Biloxi, Mississippi to discuss all aspects of the agreement prior to beginning any work. The date and time of the meeting will be set by mutual agreement following award of the contract.

• The Contractor must provide the MDMR with the name(s) and phone number(s) of the person(s) who will be the official contact(s) for the Contractor.

• The Contractor must provide a list of the exact equipment that will be used to transport and deploy the artificial reef material. The MDMR reserves the right to inspect all equipment prior to any deployment.

• The MDMR will provide Global Positioning System (GPS) coordinates and a map of deployment locations.

• An MDMR representative will be onsite to monitor and oversee that the material is being deployed at the MDMR specified locations.

• The MDMR will provide an accredited Marine Surveyor to conduct a draft/displacement survey to determine the tonnage on the barge or vessel. Contractors are strongly encouraged to have a representative(s) present during the Marine Surveyor’s survey.

• The Contractor shall provide the manufacturer’s draft tables for the barge or vessel designated for this project.

• The Contractor will be responsible for all labor and equipment required for loading, transporting and deploying the artificial reef material, including renting, or leasing cranes, lift barges and/or other equipment and for hiring labor, such as stevedores, riggers and/or machine operators.

• The Contractor must retrieve any and all debris expelled during deployment. If debris is present, the Contractor must provide vessel and personnel to achieve debris collection. The debris collection vessel must be capable of communicating with the captain in charge of the deployment barge. All personnel must wear a United States Coast Guard approved personal flotation device while on deck during deployment and while retrieving any debris.

• The Contractor will remove and dispose of any debris and/or material in the water located at the Gulfport staging site that would impede the Contractor’s ability to load the material onto the barge.

• The Contractor must ensure that all equipment used on this project complies with Occupational Safety and Health Administration (OSHA) and United States Coast

Guard requirements. The Contractor may be required to provide MDMR with documents evidencing this compliance.

• The Contractor must notify MDMR twenty-four (24) hours prior to the Contractor’s departure to the artificial reef site.

• All deployment activities must be conducted Monday through Friday between 8:00 a.m. and 5:00 p.m. No deployments may be made on weekends or on state and federal holidays.

• In the event that the weather and/or other environmental conditions are deemed unsuitable for deployment by MDMR, the MDMR reserves the right to either cancel or postpone the deployment. There will be NO deployment activity during a Small Craft Advisory or greater.

8. DELIVERABLES

The deliverables are to include:

The loading, transport, and deployment of concrete culverts, poles, manholes, box covers, and modules from MDMR Staging Site on Reichold Rd in Gulfport to artificial reef zones approximately 20-26 miles south of Pascagoula. The culverts range in size between three (3) feet to five (5) feet in diameter and four (4) feet to eight (8) feet in length. The poles are approximately 25-35 feet long by 12 inches in diameter. The Contractor will be responsible for ensuring that the barge or vessel is always onsite at the material loading location. The Contractor will be responsible for supplying the barges or vessels in addition to loading and transporting the barges or vessels and offloading the materials onto Mississippi Reef Complex 1 and 2. The water depth at the bulkhead used for loading the material ranges from 10-12 feet near the bulkhead and 20-30 feet just out from the shoreline. Invoicing for work completed may be submitted on a monthly basis or in 20% increments.

9. MINIMUM REQUIRED QUALIFICATIONS

Before award, MDMR may require a bidder to demonstrate its ability and resources to meet the requirements of this IFB. MDMR may investigate the bidder’s qualifications, and the bidder shall provide any requested supporting information. MDMR may reject a bid if the bidder fails to demonstrate its ability to fulfill the contract requirements.

In determining whether a bidder is responsible, MDMR shall consider the bidders:

1. Ability, capacity, skills, and financial resources to perform the work;

2. Ability to complete the work within the required timeframe; and,

3. Integrity, experience, reputation, and past performance.

The minimum qualifications for bidding include:

• Bidders shall provide all equipment, personnel, supplies, and transportation necessary for successful completion of the project at no additional cost to MDMR.

• Bidders must provide two (2) professional references familiar with the vendor’s abilities described in this IFB. See Attachment C. Please provide current contact information necessary to contact your references. Bidders are solely responsible for reference availability for reference checks. Bids may be rejected as non-responsive if reference checks cannot be completed within 48 hours of initial contact.

• Bidders are required to be electronically registered in Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) before submitting their bid.

Instructions for registering in MAGIC can be found below in Section 13.

• Additionally, following the award of the contract and prior to beginning work, the winning contractor shall meet with MDMR staff at their office in Biloxi to discuss all aspects of the agreement. The date and time of this meeting shall be set by mutual agreement.

The minimum qualifications for contracting include:

• Vendors which are domestic corporations, limited liability companies, or limited partnerships must be in good standing with the Mississippi Secretary of State.

• Vendors which are foreign corporations, limited liability companies, or limited partnerships may be required to register with the Mississippi Secretary of State to transact business in Mississippi. See Miss. Code Ann § 79-4-15.01.

10. BASIS FOR AWARD

The MDMR will award the bid to the lowest responsive, responsible bidder who meets all required specifications, subject to approval by the Public Procurement Review Board, if necessary. The MDMR reserves the right to reject any and/or all bids and waive minor informalities which do not affect quality, quantity, price or delivery.

11. INSURANCE REQUIREMENTS

In order to enter into a contract, you must meet minimum insurance protection requirements.

You must provide evidence of your policies within ten (10) calendar days of a fully executed contract.

All insurance policies must be issued by companies licensed or holding a Certificate of Authority from the Mississippi Department of Insurance. All liability insurance policies must provide coverage to the MDMR.

You must hold the following insurance throughout the term of the contract:

Coverage Type Amount Workers’ Compensation (as required by Mississippi or other applicable state law) General Liability

Aggregate $1,000,000 Personal Injury/Bodily Injury and Property Damage (Per Occurrence) $500,000

Fire Damage (Per Fire) $50,000 Medical Expense (Per Person) $5,000

12. BOND REQUIREMENTS

No bonds required.

13. BID SUBMISSION INSTRUCTIONS

Bidders are required to electronically register in Mississippi’s Accountability System for Government Information and Collaboration (MAGIC), and you may submit your bid electronically through MAGIC, or you may submit your bid by paper submission via mail or hand delivery to OSSS as outlined below:

Vendor Electronic Registration in MAGIC:

It shall be the responsibility of each bidder to ensure that its vendor profile is current in the MAGIC system. The website to register as a vendor with the State of Mississippi is:

https://www.dfa.ms.gov/vendors.

• For online learning instructions on submitting your bid electronically, select “Training/Documentation” from the link listed above. Select the Supplier Self-Service Course link and then click “Launch Course.”

• If you have problems accessing the website, please contact the Mash Helpdesk at (601) 359-1343 or mash@dfa.ms.gov. You must receive a User ID and Password to access the MAGIC portal. This process could take up to 72 hours to complete.

o Please plan accordingly and ensure you have these credentials well before the bid submission deadline.

MAGIC Submission and Technical Requirements:

• The bid submission must be submitted in MAGIC no later than 10:00 AM CST, November 16, 2026. Timely submission is the sole responsibility of the bidder.

Submissions received after the specified time will be rejected and the unopened bid will be made a part of the procurement file. It is suggested that you allow 72 hours before the due date and time for submission of the bid in MAGIC, especially if you are a first-time user.

• Bids that are “saved” will not be available for viewing. Bids must be “submitted” to be viewed by the agency.

Paper Bid Submission Requirements:

• The bid submission must be signed and submitted in a sealed envelope.

• Timely submission is the sole responsibility of the bidder. Submissions received after the specified time will be rejected and the unopened bid will be made a part of the procurement file.

• The time and date of receipt will be indicated on the sealed envelope or package by Agency/OSSS staff or designee.

https://www.dfa.ms.gov/vendors

• All prices and notations must be printed in ink or typewritten. No erasures permitted.

Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed, in ink, by the person signing bid.

• Submissions via facsimile (faxes) or email will not be accepted. It is suggested that if a submission is mailed to the OSSS, it should be posted in certified mail with a return receipt requested.

• The Bidder assumes all risks regarding the delivery of the bid. MDMR/OSSS will not be responsible for delivery delays, packages lost in the delivery process, misdirected emails, or other delivery errors.

• All Bids submitted by hand delivery or mail will become the property of the MDMR.

Sealed Bids should be mailed or hand-delivered to and labeled as follows:

Hand Delivery Address:

RFx No. 3160008295 Smart No. 1450-27-R-IFBD-00003 Mississippi Department of Finance and Administration Attention: Laura Furdge, Bid Coordinator 501 North West Street, Suite 1301 C Jackson, Mississippi 39201

SEALED BID – DO NOT OPEN

Mailing Address:

RFx No. 3160008295 Smart No. 1450-27-R-IFBD-00003 Mississippi Department of Finance and Administration Attention: Laura Furdge, Bid Coordinator Post Office Box 267 (Suite 1301 C) Jackson, Mississippi 39205

SEALED BID – DO NOT OPEN

The deadline for receiving Bids is November 16, 2026, at 10:00 AM.

14. BID OPENING

Bids shall be opened in the presence of one or more Agency officials on the date and time designated herein. Bids will not be opened publicly. Information regarding this opening and procurement will be provided via Public Record Request in accordance with the Mississippi Public Records Act, the OPSCR Rules and Regulation, Section 5.4.4 Bid Opening, and Section

1.5 Public Access to Procurement Documents. Specifically, production of any records regarding this solicitation will be tolled until MDMR determines it will not issue the procurement, cancels the procurement, or issues a notice naming its intended awardee.

15. AMENDMENTS TO THIS IFB

Should an amendment or amendments to this IFB be issued, it will be posted on the MDMR website dmr.ms.gov in the Procurement section and on the Mississippi Contract Procurement Opportunity Search Board (Procurement Portal) website www.ms.gov/dfa/contract_bid_search/Bid in a manner that all bidders will be able to view.

Furthermore, bidders must acknowledge receipt of any amendment to this IFB by signing and returning the amendment with the bid submission and by identifying the amendment number and date in the space provided for this purpose on the Bid Form-Attachment D, or by letter. The acknowledgment should be received by the OSSS by the time and at the place specified for receipt of Bids. It is the bidder’s sole responsibility to monitor the website for amendments to the IFB.

16. QUESTIONS/REQUESTS FOR CLARIFICATION

Bidders shall submit any question(s) via email by the deadline reflected in the Procurement Timeline. All questions and requests for clarification must be directed by email to Laura Furdge at:

Laura Furdge, Bid Coordinator E-mail: osss@dfa.ms.gov

When submitting questions and requests for clarification, “IFB RFx# 3160008295 - Questions,” should be the subject for the email. Question submittals should include a reference to the applicable IFB section and be submitted in the format shown below:

No. IFB Section, Page No. Question/Request for Clarification 1.

All questions/requests for clarification and the answers thereto will be published on the MDMR website, and the Procurement Portal https://www.ms.gov/dfa/contract_bid_search in a manner that all bidders will be able to view by November 2, 2026 10:00 AM CST.

The MDMR will not be bound by any verbal or written information not specified within this IFB unless formally noticed and issued by the IFB Coordinator.

Restrictions on Communication with Agency Staff: At no time shall any bidder or its personnel contact, or attempt to contact, any MDMR/OSSS staff regarding this IFB except the IFB Coordinator listed above and with the exception of the mandatory site visit and, in the manner prescribed herein. Unauthorized contact regarding the IFB with other employees of http://www.dmr.ms.gov/ https://www.ms.gov/dfa/contract_bid_search/Bid mailto:april.burns@dfa.ms.gov https://www.ms.gov/dfa/contract_bid_search

MDMR/OSSS may result in the potential bidder being disqualified, and the potential bidder may also be suspended or debarred from the State.

17. TERM OF CONTRACT

MDMR intends to enter into a firm fixed-price agreement. The initial term of the contract resulting from the IFB shall be for a period of one year upon execution by the bidder and the Executive Director of MDMR. Subject to the availability of funds and at the sole discretion of the MDMR with the agreement of the Contractor, MDMR reserves the right to exercise an option to renew the contract for one (1) successive year under the same prices, terms, and conditions as in the original contract. The total number of renewal years permitted shall not exceed one.

Any contract resulting from this IFB shall consist of an MDMR Independent Contractor Contract, this IFB and any amendments, and any responses thereto, including, the respondent’s Bid.

18. REQUIRED DOCUMENTS FOR BIDDING

All bids must include the following:

• Attachment C – Bid Cover Form (with References) completed and signed;

• Attachment D – Bid Form completed and signed; and,

• Attachment G – Bidder’s Checklist completed and signed.

Use the bid form to identify your best price. You must identify your company’s name on each page of the bid form, and each of the attachments. Complete all of the blanks and sign the form.

You must use the attached bid form. Submissions without a bid form will be rejected as nonresponsive. Do not amend or add to the bid form. We may reject modified bid forms as nonresponsive on a case-by-case basis.

You are responsible for the costs of preparing your bid. We do not accept liability for such expenses. All parties participating in the procurement process with regard to this solicitation shall bear their own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review Board Office of Personal Services Contract Review Rules and Regulations.

19. PUBLIC RECORDS REQUEST

Public Record Requests will be handled in accordance with Miss. Code Ann. §25-61-9.

20. CONDITIONS OF SOLICITATION

When you submit a bid, then you agree that you will accept an award if offered.

You also certify that you have not communicated with any other bidder or competitor regarding your bid or the price, your intention to submit a bid, or the factors you used to calculate the bid price. You further certify that you do not have any conflict of interest with respect to the MDMR, or the project. You can read more about your certifications on the Bid Form, Attachment D.

MDMR also reserves the right to waive minor irregularities in the bid providing such action is in the best interest of MDMR and the State of Mississippi. A minor irregularity is defined as a variation of the IFB which does not affect the price of the bid or give one party an advantage or benefit not enjoyed by other parties, or adversely impact the interest of MDMR.

Where MDMR may waive minor irregularities as determined by MDMR, such waiver shall in no way modify the IFB requirements or excuse the bidder from full compliance with the IFB specifications and other contract requirements should the bidder be awarded the contract.

MDMR reserves the right to exclude any and all non-responsive bids from any consideration for contract award. The MDMR reserves the right to reject any and/or all bids and waive any minor informality.

21. RIGHT TO REJECT, CANCEL AND ISSUE ANOTHER IFB

MDMR specifically reserves the right to, at its sole discretion, at any time, reject, in whole or in part, any or all bids received in response to the IFB, cancel the IFB in its entirety, or issue another IFB.

22. NOTIFICATION OF INTENT TO AWARD

Notification will be sent to all bidders by mail and/or email of the selection of the successful bidder. We will also post the selection of the successful bidder on our website at www.dmr.ms.gov. Work is expected to begin within 90 days following the award of contract and is to be completed within one year of beginning work.

23. APPLICABLE LAW

The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws, provisions, and any litigation with respect thereto shall be brought in the courts of Mississippi.

24. RELATIONSHIP OF PARTIES

It is expressly understood and agreed that if MDMR enters into a contract with a bidder, it does so based on the purchase of commodities or services and not based on an employer-employee relationship or a joint venture relationship.

25. CONTRACT ADMINISTRATION

http://www.dmr.ms.gov/

The contract awarded, if any, subsequent to this solicitation shall be administered by the MDMR. All invoices submitted by the Contractor for goods received or services provided pursuant to the contract shall be submitted as follows:

By Mail: Mississippi Department of Marine Resources, Procurement Department, 1141 Bayview Avenue, Biloxi, Mississippi 39530 By Email: Procurement@dmr.ms.gov

The MDMR will provide timely payment in accordance with Section 31-7-301, et seq. of the Mississippi Code Annotated, which generally provides for payment by the MDMR within forty-five (45) days of receipt of an approved invoice. The Contractor understands and agrees that MDMR is exempt from the payment of taxes.

26. COMPENSATION FOR GOODS AND SERVICES

• Payment. The MDMR will pay Contractor upon satisfactory completion of the Scope of

Services and Deliverables.

• Invoice. The Contractor may submit an incremental detailed invoice with supporting documentation of the Scope of Services, as provided in Section 7. In order to process payment, the invoice must include the following information:

a) Contract Number;

b) Purchase Order Number; and,

c) Date of Completion.

• Payment Processing. The MDMR makes payments within 45 days of receiving an approved invoice.

27. EQUAL OPPORTUNITY STATEMENT

MDMR will select the successful bidder without regard to political affiliation, race, color, handicap, genetic information, religion, national origin, sex, religious creed, age, or disability.

28. CONTRACT RIGHTS

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

29. EXPENSES INCURRED IN THE PROCUREMENT PROCESS

All parties participating in the procurement process with regard to this solicitation shall bear their own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

30. MINOR INFORMALITIES AND IRREGULARITIES

mailto:Procurement@dmr.ms.gov

The MDMR 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, offeror, or applicant. If insufficient information is submitted by a bidder for the MDMR to properly evaluate the offer, the MDMR 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. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

31. PROCUREMENT REGULATIONS

This solicitation shall be governed by the applicable provisions of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available on the Mississippi Department of Finance and Administration’s website (www.dfa.ms.gov). Any bidder responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

32. 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. The MDMR is under no obligation to award a contract and may terminate a legally executed contract at any time.

33. ATTACHMENTS

The attachments to this IFB are made a part of this IFB as if copied herein in words and figures and include:

• Attachment A — Map of Offshore Reef Complex

• Attachment B — Sample Contract

• Attachment C — Bid Cover Form (with References)

• Attachment D — Bid Form

• Attachment E — Contract Clauses and Federal Assurances

• Attachment F — Reference Score Sheet

• Attachment G — Bidder’s Checklist http://www.dfa.ms.gov/

Currently Permitted Reef Zones

Proposed Reef Zones

Southern Reef Complex:

NW Corner: 29.986667° N, 88.540000° W SW Corner: 29.950000° N, 88.540000° W SW Corner: 29.950000° N, 88.488333° W NE Corner: 29.986667° N, 88.488333° W

Western Reef Complex:

NW Corner: 30.066667° N, 88.594250° W SW Corner: 29.986667° N, 88.594250° W SE Corner: 29.986667° N, 88.540000° W NE Corner: 30.066667° N, 88.540000° W

Datum: WGS 1984 µ

Attachment A

STATE OF MISSISSIPPI

Tate Reeves

Governor

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

Joe Spraggins, Executive Director

CONTRACT AGREEMENT

TBD

Contract #82000xxxxx

This contract is between the Mississippi Department of Marine Resources (“MDMR”) and TBD (“Contractor”). This contract establishes a scope of work for the Contractor to provide transport and deployment of concrete material by barge or vessel from the bulkhead at the MDMR Staging Site (“Site”) located on Reichold Road in Gulfport, Mississippi, to reef sites as outlined in Section 1 - Scope of Services and Deliverables.

SUMMARY

Project: MDMR Staging Site Deployment Payment: Not to exceed $xxx,xxx.xx Term: From December 3, 2026 to December 2, 2027

Section 1 - SCOPE OF SERVICES AND DELIVERABLES The Contractor must:

1.1 Load, transport and deploy concrete material by barge or vessel from the bulkhead at the MDMR Staging Site located on Reichold Road in Gulfport to designated reef sites.

The reef sites will be within Mississippi’s Reef Complex 1 and 2 approximately 20-26 miles south of Pascagoula, MS (Attachment A). MDMR’s Artificial Reef Bureau staff and the winning contractor shall collaborate to determine what materials will be used and the method and exact locations for deployment according to the vessel and equipment capabilities, to ensure deployments maximize habitat creation/enhancement. The Contractor must submit a list of the exact equipment to be used for the project. Deployment coordination is requested at least 24 hours prior to departing the loading zone and Contractor may not proceed with any deployment prior to strategy approval by Artificial Reef Bureau staff.

1.2 The Contractor must meet with MDMR representatives at their office in Biloxi, Mississippi to discuss all aspects of the agreement prior to beginning any work. The date and time of the meeting will be set by mutual agreement following award of the contract.

1.3 The Contractor must provide the MDMR with the name(s) and phone number(s) of the person(s) who will be the official contact(s) for the Contractor.

1.4 The Contractor must provide a list of the exact equipment that will be used to transport and deploy the artificial reef material. The MDMR reserves the right to inspect all equipment prior to any deployment.

1.5 The MDMR will provide Global Positioning System (GPS) coordinates and a map of deployment locations.

1.6 An MDMR representative will be onsite to monitor and oversee that the material is being deployed at the MDMR specified locations.

1.7 The MDMR will provide an accredited Marine Surveyor to conduct a draft/displacement survey to determine the tonnage on the barge or vessel. Contractors are strongly encouraged to have a representative(s) present during the Marine Surveyor’s survey.

1.8 The Contractor shall provide the manufacturer’s draft tables for the barge or vessel designated for this project.

1.9 The Contractor will be responsible for all labor and equipment required for loading, transporting and deploying the artificial reef material, including renting, or leasing cranes, lift barges and/or other equipment and for hiring labor, such as stevedores, riggers and/or machine operators.

1.10 The Contractor must retrieve any and all debris expelled during deployment. If debris is present, the Contractor must provide vessel and personnel to achieve debris collection. The debris collection vessel must be capable of communicating with the captain in charge of the deployment barge. All personnel must wear a United States Coast Guard approved personal flotation device while on deck during deployment and while retrieving any debris.

1.11 The Contractor will remove and dispose of any debris and/or material in the water located at the Gulfport staging site that would impede the Contractor’s ability to load the material onto the barge.

1.12 The Contractor must ensure that all equipment used on this project complies with Occupational Safety and Health Administration (OSHA) and United States Coast

Guard requirements. The Contractor may be required to provide MDMR with documents evidencing this compliance.

1.13 The Contractor must notify MDMR twenty-four (24) hours prior to the Contractor’s departure to the artificial reef site.

1.14 All deployment activities must be conducted Monday through Friday between 8:00 a.m. and 5:00 p.m. No deployments may be made on weekends or on state and federal holidays.

1.15 In the event that the weather and/or other environmental conditions are deemed unsuitable for deployment by MDMR, the MDMR reserves the right to either cancel or postpone the deployment. There will be NO deployment activity during a Small Craft Advisory or greater.

The deliverables are to include:

1.16 The loading, transport, and deployment of concrete culverts, poles, manholes, box covers, and modules from MDMR Staging Site on Reichold Rd in Gulfport to artificial reef zones approximately 20-26 miles south of Pascagoula. The culverts range in size between three (3) feet to five (5) feet in diameter and four (4) feet to eight (8) feet in length. The poles are approximately 25-35 feet long by 12 inches in diameter. The Contractor will be responsible for ensuring that the barge or vessel is always onsite at the material loading location. The Contractor will be responsible for supplying the barges or vessels in addition to loading and transporting the barges or vessels and offloading the materials onto Mississippi Reef Complex 1 and 2. The water depth at the bulkhead used for loading the material ranges from 10-12 feet near the bulkhead and 20-30 feet just out from the shoreline.

Section 2 - CONSIDERATION AND PAYMENT

2.1 Consideration. As consideration for the performance of this agreement, the MDMR agrees to pay the Contractor for work performed.

2.2 Payment. The MDMR agrees to pay the Contractor $____ per ton for material deployed and accepted by MDMR, based on tonnage determined by the independent marine surveyor. Payments will be made within 45 days of receipt of an approved invoice. The total payment for the entire project must not exceed $xxx,xxx.xx. Under no circumstances will payment be made for work performed before the execution or after the expiration of this contract.

2.3 How Payments Are Made. The MDMR makes payments electronically through the State’s Accounting System. Payments are deposited into the Contractor’s chosen bank account. The MDMR may require the Contractor to electronically submit invoices and supporting documentation. The Contractor understands that the MDMR is exempt from paying taxes.

2.4 Invoices. The Contractor may submit a detailed invoice for work completed on a monthly basis or in 20% increments upon successful completion of work and Scope of Services and Deliverables in order to initiate the payment process. Invoices must include the following:

1. The contract number (82000xxxxx);

2. The Purchase Order number; and,

3. Date of completion.

Section 3 - PERIOD OF PERFORMANCE The period of performance for this Agreement is from December 3, 2026 through December 2, 2027. Subject to the availability of funds and at the sole discretion of the MDMR with the agreement of the Contractor, MDMR reserves the right to exercise an option to renew the contract for one (1) successive year under the same prices, terms, and conditions as stated herein. The total number of renewal years permitted shall not exceed one. Once the project is completed to the MDMR’s satisfaction and all approved invoices are paid, the MDMR may terminate this contract, at its discretion.

Section 4 - INSURANCE REQUIREMENTS You must provide evidence of your policies within ten (10) calendar days of execution of the contract.

All insurance policies must be issued by companies licensed or holding a Certificate of Authority from the Mississippi Department of Insurance. All liability insurance policies must provide coverage to the MDMR as an additional insured.

You must hold the following insurance throughout the term of the contract:

Coverage Type Amount Workers’ Compensation (as required by Mississippi law or other applicable state law) General Liability

Aggregate $1,000,000 Personal Injury/Bodily Injury and Property Damage (Per Occurrence) $500,000 Fire Damage (Per Fire) $50,000 Medical Expense (Per Person) $5,000

Section 5 - BONDS No bonds required.

Section 6 - CERTIFICATIONS The Contractor certifies the following:

6.1 Representation Regarding Gratuities. Contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 6-204 of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available at 501 North West Street, Suite 701E, Jackson, Mississippi 39201 for inspection, or downloadable at dfa.ms.gov.

6.2 Environment. Contractor must comply with all standards, orders, or regulations issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387).

6.3 The Contractor warrants:

a) That entry into and performance under this agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind;

b) Notwithstanding any other provision of this contract to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this contract; and,

c) That it is qualified to perform the scope of services of this contract and is authorized to do business in the State of Mississippi to the extent required by Mississippi law.

Section 7 - REQUIRED SERVICE CONTRACT CLAUSES

APPLICABLE LAW

The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of Mississippi.

APPROVAL

It is understood that if this contract requires approval by the Public Procurement Review Board (“PPRB”) and/or the Department of Finance and Administration Office of Personal Service Contract Review (“OPSCR”), and this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

AVAILABILITY OF FUNDS

It is expressly understood and agreed that the obligation of MDMR to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt the appropriated funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, The MDMR shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the MDMR of any kind whatsoever.

The effective date of termination shall be as specified in the notice of termination.

COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY

Contractor understands that the MDMR is an equal opportunity employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful, and Contractor agrees http://www.dfa.ms.gov/dfa-offices/personal-service-contract-review/pscrb-rules-regulations/ during the term of the agreement that Contractor will strictly adhere to this policy in its employment practices and provision of services

COMPLIANCE WITH LAWS

Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

NO LIMITATION OF LIABILITY

Nothing in this agreement shall be interpreted as excluding or limiting any liability of the Contractor for harm arising out of the Contractor’s or its subcontractors’ performance under this agreement.

REPRESENTATION REGARDING GRATUITIES

Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of the MDMR a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Contractor further represents that no employee or former employee of the MDMR has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by contractor. Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

REQUIRED PUBLIC RECORDS AND TRANSPARENCY

Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25-61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available at the Agency for examination, inspection, or reproduction by the public. The contractor acknowledges and agrees that the MDMR and this contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-151, et seq.

STOP WORK ORDER

The MDMR may, by written order to Contractor at any time, require Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by the MDMR. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to the MDMR. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the MDMR has terminated that part of the agreement or terminated the agreement in its http://www.transparency.ms.gov/ entirety. The MDMR is not liable for payment for services which were not rendered due to the stop work order.

E-PAYMENT

Contractor agrees to accept all payments in United States currency via the State of Mississippi’s electronic payment and remittance vehicle. The Agency agrees to make payment in accordance with Mississippi “Timely Payments for Purchases by Public Bodies” laws, which generally provide for payment of undisputed amounts by the Agency within 45 calendar days of receipt of invoice. Mississippi Code Annotated § 31-7-301, et seq.

PAYMODE

Payments by the MDMR using the state’s accounting system shall be made and remittance information provided electronically as directed by the state and deposited into the bank account of Contractor’s choice. The MDMR may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this Agreement.

Contractor understands and agrees that the Agency is exempt from the payment of Mississippi taxes. All payments shall be in United States currency.

PROCUREMENT REGULATIONS

This contract shall be governed by the applicable provisions of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available on the Mississippi Department of Finance and Administration’s website (www.dfa.ms.gov). Any bidder/offeror responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

PROPERTY RIGHTS

Property rights do not inure to Contractor until such time as services have been provided under a legally executed contract. Contractor has no legitimate claim of entitlement to the provision of work hereunder and acknowledges that the MDMR may terminate this contract at any time for its own convenience.

E-VERIFICATION

If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3.

Contractor agrees to provide a copy of each verification upon request of the MDMR subject to approval by any agencies of the United States Government. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws.

The breach of this clause may subject Contractor to the following: (1) termination of this contract and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations; (2) the loss of any license, permit, certification or other document granted to Contractor by an agency, department, or governmental entity for the right to do business in Mississippi; or (3) both. In the event of such termination, Contractor would also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss of license or permit to do business in the state.

TERMINATION

Termination for Convenience. The MDMR may, when the interests of the Agency so require, terminate this contract in whole or in part, for the convenience of the Agency. The MDMR shall give written notice of the termination to Contractor specifying the part of the contract terminated and when termination becomes effective. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination Contractor will stop work to the extent specified. Contractor shall complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

Termination for Default. If the MDMR gives the Contractor a notice that the personal or professional services are being provided in a manner that is deficient, the Contractor shall have 30 days to cure the deficiency. If the Contractor fails to cure the deficiency, the MDMR may terminate the contract for default and the Contractor will be liable for the additional cost to the MDMR to procure the personal and professional services from another source. Termination under this paragraph could result in Contractor being excluded from future contract awards pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

Section 8 - MISCELLANEOUS CLAUSES

8.1 Trade Secrets, Commercial and Financial Information. It is expressly understood that Mississippi law requires that the provisions of this contract which contain the commodities purchased or the personal or professional services provided, the price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information and shall be available for examination, copying, or reproduction.

8.2 Termination Upon Bankruptcy. This contract may be terminated in whole or in part by the MDMR upon written notice to Contractor, if Contractor should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by Contractor of an assignment for the benefit of its creditors.

In the event such termination, Contractor shall be entitled to recover just and equitable compensation for satisfactory work performed under this contract, but in no case shall said compensation exceed the total contract price.

8.3 Attorneys’ Fees and Expenses. In the event Contractor defaults on any obligations under this Agreement, Contractor shall pay to the MDMR all costs and expenses, without limitation, incurred by the MDMR in enforcing this Agreement or reasonably related to enforcing this Agreement. This includes but is not limited to investigative fees, court costs, and attorneys’ fees. Under no circumstances shall the MDMR be obligated to pay attorneys’ fees or legal costs to Contractor.

8.4 Indemnification. To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the MDMR, its commissioners, board members, officers, employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever, including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor and/or its partners, principals, agents, employees and/or subcontractors in the performance of or failure to perform this agreement.

In the MDMR's sole discretion, upon approval of the Office of the Mississippi Attorney General and the MDMR, Contractor may be allowed to control the defense of any…