TREE PLANTING - CONTRACT BID PACKET.pdf

Invitation for Bids for

Tree Planting RESTORE

RFx# 3160008252 SMART RFx# 1451-27-R-IFBD-00001

Issued September 14, 2026

Bids Due October 1, 2026

Contact Information for this IFB:

Rebekah Olander, Bid Coordinator 3139 Highway 468

Pearl, Mississippi 39208 rolander@mfc.ms.gov

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Table of Contents Section 1. Introduction

1.1 Agency Background

1.2 Purpose of Solicitation

1.3 Contacting Mississippi Forestry Commission During the Procurement Process

1.4 General Requirements for Participation in the Procurement Process

Section 2. Scope of Work

2.1 Overview

2.2 Planting Requirements

2.3 Site Conditions

2.4 Expected Workload

2.5 Performance Standards

2.6 Invoicing and Payment

2.7 Modification in Accordance with a Change in Law

2.8 Grant Information and Locations Allocated to Grant

Section 3. Contract Requirements

3.1 Type of Contract

3.2 Contract Terms

3.3 Insurance and other Security Requirements

3.4 Price Adjustment

3.5 Compliance with Contract Requirements

3.6 Contract Terms Required by the PPRB OPSCR Rules and Regulations

Section 4. Procurement Process

4.1 Important Dates in the Procurement Process

4.2 Questions of Potential Bidders

4.3 Amendments to the IFB

4.4 Bid Submission Deadline

4.5 Bid Evaluation

4.6 Contract Award

4.7 Multiple Awards

4.8 Right to Reject Bids and/or Cancel Procurement

4.9 Reconsideration of the Terms of the Solicitation

Section 5. Bid Submission Requirements

5.1 Submission Format

5.2 Bid Submission Instructions

5.3 Bid Contents

5.4 Public Copy of the Bid

5.5 Bidder Obligations

Appendices Appendix A: Contract Terms and Conditions Appendix B: Bid Form Appendix C: Certifications and Assurances

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Appendix D: Acknowledgement of IFB Amendments Appendix E: Submission of Public Copy of Bid Appendix F: MAGIC INSTRUCTIONS

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Section 1. Introduction

1.1 Agency Background

The Mississippi Forestry Commission (MFC) is a state government agency established in 1926 to lead forest protection, management, and sustainability efforts across Mississippi’s roughly 19.2 million acres of forestland. It focuses on wildfire prevention and suppression, technical forest management assistance for landowners, forest health monitoring, and providing forestry information and outreach to the public. Over its nearly 100-year history, the MFC has evolved to support both environmental stewardship and the economic importance of forestry in rural communities while safeguarding lives and property. Today it remains central to maintaining healthy, productive forests and promoting sustainable use of the state’s forest resources.

1.2 Purpose of Solicitation

The Mississippi Forestry Commission (MFC) is soliciting sealed bids from qualified contractors to perform tree planting in the 6 coastal counties as part of the RESTORE grant program. The purpose of this IFB is to establish one or more contracts to ensure timely, compliant, and effective planting on municipal and public land under MFC management.

This IFB is issued in accordance with Mississippi procurement laws and regulations. All bidders must carefully review the requirements and submit complete responses.

1.3 Contacting Mississippi Forestry Commission During the Procurement Process Unless specifically instructed by MFC otherwise in writing, from the date this IFB is issued until the date a contract resulting from this IFB is executed, any bidder or potential bidder seeking to communicate with MFC about this IFB shall do so in writing by contacting:

Rebekah Olander, Bid Coordinator rolander@mfc.ms.gov

Bidders or potential bidders shall not attempt to contact MFC or its staff regarding this IFB other than the contact person set forth herein. Unauthorized contact with MFC may result in a bidder or potential bidder being disqualified from consideration for contract award. Any bidder who violates this requirement may be subject to exclusion pursuant to Chapter 15 of the Public Procurement Review Board (PPRB) Office of Personal Service Contract Review (OPSCR) Rules and Regulations.

1.4 General Requirements for Participation in the Procurement Process

• Good Faith and Ethics: All parties participating in the procurement process described in this IFB are, at all times, required to act in good faith and are subject to the Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121.

• Procurement Regulations: This IFB shall be governed by the applicable provisions of the PPRB OPSCR Rules and Regulations, a copy of which is available on the Mississippi

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Department of Finance and Administration’s (DFA) 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.

• Anti-Competitive Practices Prohibited: Potential bidders are prohibited from engaging in any practice which reduces or eliminates competition or restrains trade. Potential bidders are specifically prohibited by federal and Mississippi law from collectively responding to a solicitation in a manner that controls directly or indirectly the price of the personal or professional service sought. Mississippi Code Annotated § 75-21-15. By submitting a bid, a bidder certifies that the price submitted was independently arrived at without collusion.

• Conditional Bids Prohibited: Any bid conditioned upon receiving award of the contract resulting from this IFB and another contract in Mississippi is not eligible for award.

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

• 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. MFC is under no obligation to award a contract and may terminate a legally executed contract at any time.

• 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 PPRB OPSCR Rules and Regulations.

http://www.dfa.ms.gov/

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Section 2. Scope of Work

2.1 Overview

The Mississippi Forestry Commission (MFC) is soliciting sealed bids from qualified contractors to conduct tree planting within municipalities in the six southern counties that are part of the RESTORE grant: Pearl River, Stone, George, Hancock, Harrison, and Jackson counties. The work shall consist of the supplying and planting of trees on specified sites and a warranty guarantee for one year.

This work will be paid for on a per-tree basis detailed in Section 2.5. The contractor will be required to complete this work by April 1, 2028.

2.2 Planting Requirements

1. The contractor shall be responsible for the site inspection before landscape construction to acquaint themselves with existing conditions and local ordinances. The contractor shall be responsible for locating all existing underground utilities before beginning construction.

2. The contractor shall guarantee all plant material for one full year from the date of acceptance by the city.

3. The contractor shall verify plant quantities from the plan and report discrepancies to the owner's representative for adjustments.

4. All plants shall be well-formed and vigorously growing specimens. All plants shall comply with sizing and grading standards of the latest edition of the "American Standards for Nursery Stock" as published by the American Nursery & Landscape Association (ANLA).

5. All plant material shall be 7-gallon or 15-gallon container-grown unless otherwise specified or authorized.

6. All plant materials are subject to approval or refusal by the city's representative or MFC staff at the job site.

7. At the city's request, the contractor shall lay out all plant material for review by the owner's representatives and obtain written approval before planting. If requested, the contractor should provide a minimum 48-hour notice for this review.

8. Proper drainage should be ensured, with minimal compaction around root zones to support healthy root growth. Existing soil subgrade may be used as backfill if it meets the required pH, drainage, and texture standards after amendment.

9. For container-grown plant material, remove any roots wrapped around the tree trunk at the root collar (girdling or circling roots).

10. Apply vertical cuts to the length of the root mass on all root balls that are pot-bound and/or have circling roots.

11. All trees shall only be lifted from the root ball, not the trunk.

12. All tree planting pits shall be a minimum of 3 times wider than the size of the root ball or container with sloped sides and undisturbed existing soil at the bottom of the pit. The top of the root ball shall be slightly above the finished grade after planting.

13. Upon completion of work, the contractor shall clear the grounds of debris, surplus materials, and all equipment. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of it off the right of way.

14. Trees must be watered on the day of planting, and a watering plan shall be provided to the municipality. The municipality will be responsible for following and documenting adherence to that plan.

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15. Acceptance by the City or MFC staff shall be issued in writing to the contractor by an authorized representative of the City or MFC staff.

16. The Contractor shall be required to assume responsibility for all services which are to be provided by the Contractor under this contract. Further, the Contractor will be the sole point of contact on contractual matters, including payment of charges resulting from the use or purchase of goods or services.

2.3 Site Conditions

a) Terrain may include rights of way, slopes, ditches, open fields, parks, and mixed-use areas.

b) Contractors must be capable of reaching remote or difficult-access sites, and work with City officials in high-traffic areas.

2.4 Expected Workload

a) Planting trees will take place only within municipalities of the 6 RESTORE-approved counties listed above. Watering plans will need to be provided to each municipality.

b) Work assignments will be issued as Task Orders.

c) Task Orders will be bundled geographically as locations allow but are dependent on municipal input on planting locations and schedule.

i. Task Orders MFC or municipal staff, upon contract approval, will issue written, electronic task orders or maps detailing site locations, tree specifications, and special instructions.

ii. Documentation Contractors must provide the following data:

Project Planting Reports per municipality, maps, or GPS coordinates of trees planted.

2.5 Performance Standards

a) Quality Control

i. Tree planting should result in a mortality rate of less than 10%.

ii. Contractor must have an International Society of Arboriculture (ISA)-certified arborist on staff and present during planting.

iii. MFC may conduct initial inspections and require removal, replacement, or replanting at no additional cost if work is deemed insufficient.

iv. A follow-up Spring inspection will take place, and any tree not leafed out will need to be replaced, given the contractor-provided watering plan was documented and followed by the city.

b) Safety Compliance

i. Contractors must comply with OSHA standards.

ii. Proper PPE must be worn at all times.

iii. Follow proper procedures to protect the worksite and keep the public safe at all times.

c) Non-Performance

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i. Failure to meet contract requirements may result in termination.

2.6 Invoicing and Payment

a) Invoices must include: - Municipality Name- Actual number, size, and species of trees planted - Dates of service

b) Invoice totals will be determined by applying the bid rate to the actual approved work from the municipality or MFC staff written verification.

c) Each invoice shall include/reference to the RESTORE grant. Each municipality shall be billed separately.

d) Payments will be made within thirty (30) days upon MFC invoice approval.

e) Invoices need to be emailed to Dodie Frazier (dfrazier@mfc.ms.gov) and cc Alex Ballard

(aballard@mfc.ms.gov).

2.7 Modification in Accordance with a Change in Law

MFC may require modifications to the scope of work described herein if any applicable law or regulation is amended during the life of the contract resulting from this IFB. Any pricing for such an amendment must reflect the competitive pricing submitted in the bidder’s bid. For additional information, see Section 14.8.2.1 of the PPRB OPSCR Rules and Regulations

2.8 Grant Information and Locations Allocated to Grant

The work will be performed under the RESTORE grant. RESTORE covers the 6 coastal counties of Mississippi. The following municipalities are eligible within those counties:

• Pearl River County: Picayune and Poplarville

• Stone County: Wiggins

• George County: Lucedale

• Hancock County: Bay St. Louis, Diamondhead, and Waveland

• Harrison County: Biloxi, D’Iberville, Gulfport, Keesler AFB, Long Beach, and

Pass Christian

• Jackson County: Gautier, Moss Point, Pascagoula, and Ocean Springs mailto:dfrazier@mfc.ms.gov mailto:aballard@mfc.ms.gov

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Section 3. Contract Requirements

3.1 Type of Contract

MFC is seeking to contract with a vendor or vendors using a fixed price contract. Subject to the provisions of a 3.4 percent price adjustment to account for inflation.

• Duration: The anticipated term of the contract will be one (1) year with up to four (4) optional renewals upon mutual agreement.

3.1.1 Task Orders

• MFC will issue written, electronic task orders detailing site locations, acreage estimates, planting deadlines, and special instructions.

• MFC issues these task orders each year and as needed throughout the planting season.

3.2 Contract Terms

The contract which the successful bidder will be expected to execute is enclosed herewith as Appendix A, including all terms and conditions. This IFB and all amendments issued hereto, if any, and the successful bidder’s bid shall also be incorporated into the contract.

3.3 Insurance and other Security Requirements

Insurance required:

a. Contractor shall maintain insurance which, at a minimum, shall include the following types of insurance and coverage limits:

• Workers’ Compensation as required by the State of Mississippi; and,

• Comprehensive General Liability or Professional General Liability with minimal limits of $1,000,000.00 per occurrence; and,

b. All insurance policies will list the State of Mississippi as an additional insured and upon request, the Contractor will provide copies of any insurance documentation to the Agency.

c. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Mississippi, meaning insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.

d. The Agency requires the contractor(s) to provide certificates of insurance regarding the required coverage.

3.4 Price Adjustment

Price Adjustment to Account for Inflation A price adjustment may be allowed which does not exceed the lesser of either 25% or the annual increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Bureau of Labor Statistics. Any such price adjustment will be effective only once per 12-

P a g e 10 | 47 month period, on the anniversary of the contract start date. If the CPI-U is a negative number, no adjustment in price shall be allowed. A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating any price adjustment relative to later contract years. The Contractor shall provide any support for the request for a price adjustment required by the Mississippi Forestry Commission. The Mississippi Forestry Commission has the sole discretion to determine whether a price adjustment will be allowed. No price adjustment will be allowed other than as described in this paragraph. Any approval of a price adjustment shall be contained in a duly executed written amendment to this Contract.

3.5 Compliance with Contract Requirements

The agency will conduct audits after planting and make sure the planting meets the scope of work listed in section 2 above.

3.6 Contract Terms Required by the PPRB OPSCR Rules and Regulations By submitting a bid in response to this IFB, the bidder agrees to the following terms:

• 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 the contract requires approval by PPRB and/or OPSCR, and is not approved by PPRB and/or OPSCR, it is void and no payment shall be made thereunder.

• Availability of Funds: It is expressly understood and agreed that the obligation of MFC to proceed under the contract is conditioned upon the appropriation of funds by the Mississippi State Legislature and receipt of the appropriated funds. If the funds anticipated for the continuing time fulfillment of the contract are, at any time, not forthcoming or insufficient, regardless of the source of funding, MFC shall have the right upon 10 business days written notice to Contractor, to terminate this contract without damage, penalty, cost or expense to MFC 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 MFC 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 during the term of the contract 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 contract shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

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

• 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 MFC 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. Breach of this clause may subject Contractor to the following:

(1) termination of this contract and exclusion pursuant to Chapter 15 of the PPRB OPSCR 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 MFC due to contract cancellation or loss of license or permit to do business in the state.

• 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.

• Paymode: Payments by MFC 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. MFC may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this contract. Contractor understands and agrees that MFC 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 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 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 MFC may terminate this contract at any time for its own convenience

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• 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 MFC for examination, inspection, or reproduction by the public. The bidder acknowledges and agrees that MFC 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: MFC 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 MFC. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to MFC. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless MFC has terminated that part of the contract or terminated the contract in its entirety. MFC is not liable for payment for services which were not rendered due to the stop work order.

• Termination:

Termination for Convenience. MFC may, when the interests of MFC so require, terminate this contract in whole or in part, for the convenience of MFC. MFC 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 MFC 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, MFC may terminate the contract for default and the Contractor will be liable for the additional cost to MFC 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 PPRB OPSCR Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

http://www.transparency.ms.gov/

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Section 4. Procurement Process

4.1 Important Dates in the Procurement Process

Date and Time (All times CST)

September 14, IFB Issued

October 6, 2026 Reconsideration of the Terms of the Solicitation (Anticipated)

September 18, 2026, 10:00 am

Submission Deadline for Written Questions

September 24, Response to Questions (Anticipated)

October 1, 2026, 10:00 am

Submission Deadline for Bids

October 7, 2026 Notice of Intent to Award Issued (Anticipated)

December 2, 2026 PPRB Approval Date (Anticipated)

January 1, 2027 Contract Start Date (Anticipated)

Adjustments to the schedule may be made as deemed necessary by MFC. Dates identified as “anticipated” may be adjusted without issuance of an amendment to this IFB or other notice to bidders.

4.2 Questions of Potential Bidders

Any potential bidder seeking clarification on the requirements of this IFB may submit written questions to Rebekah Olander, Bid Coordinator, at rolander@mfc.ms.gov. Your email should include “Questions: RESTORE Tree Planting Bid/Contract” in the subject line of the email.

The email addressing written questions shall be received on or before September 18, 2026, at 9:45.

Questions should include a reference to the applicable IFB section and be submitted in the format shown below:

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

Official responses will be provided only for questions submitted as described above and only to clarify information already included in the IFB. The identity of the potential bidder submitting the question(s) will not be revealed. MFC will issue an amendment to this IFB listing each question submitted and its corresponding answer.

4.3 Amendments to the IFB

Amendment(s) to this IFB will be identified as such and posted publicly in the following locations:

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• The Mississippi Forestry Commission website at https://www.mfc.ms.gov/bid-invitations/.

• The Buying and Selling to Government in Mississippi website at:

https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=true.

MFC will not be bound by any verbal or written information that is not contained within this IFB unless formally included in a written amendment to this IFB.

4.3.1 Acknowledgement of Amendments

Bidders shall acknowledge receipt of any amendment to the IFB in writing by using the form in Appendix E. Each bidder shall submit a written acknowledgement of every amendment to MFC on or before the submission deadline. Failure to submit a written acknowledgement of every amendment with its bid may result in a bidder being disqualified from consideration for contract award.

4.4 Bid Submission Deadline

Bidders shall submit bids in compliance with Section 5 no later than 10:00 am on October 1, 2026.

Bids which are submitted after this time may be disqualified from being considered for contract award.

Bids may be submitted in any of the three (3) ways below. Bidder bears all risk of delivery until the bid is marked as having been received by MFC.

• The preferred method for bidding is via electronic submission through the State of Mississippi’s MAGIC website. Instructions for MAGIC may be found in Appendix G.

This is a secure portal that bids can be submitted into and only viewed after the bid opening time. The bidder can make changes to the bid, at any time, until the opening time. It is recommended that bids be submitted 72 hours prior to submission deadline.

• Bids may be submitted physically or via mail to Mississippi Forestry Commission, 3139

Highway 468 West, Pearl, MS 39208. These bids will be stamped and logged in with the date and time when they arrive at the physical location.

• Bids shall be submitted to Rebekah Olander, Bid Coordinator, at rolander@mfc.ms.gov.

4.5 Bid Evaluation

Bids will be evaluated as described herein:

4.5.1 Responsiveness to the Request for Bids

Bids will be reviewed to determine whether they have been submitted in compliance with the requirements of this IFB. Bids which are not in compliance with the requirements of this IFB may be disqualified from consideration for contract award.

https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=true

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4.5.2 Required Minimum Qualifications

Bidders are required to meet all established minimum qualifications and submit any required/requested documentation demonstrating compliance with these requirements:

a) Certifications/Licensing

i. Contractors must employ a valid ISA-certified Arborist on staff and be available on site for planting.

ii. All applicators working under the contract must hold required state certifications.

Copies of workers' licenses and/or state certificates should be submitted with the bid.

b) Experience

i. Minimum of three (3) years of experience completing tree planting work.

ii. Demonstrated knowledge of tree identification and proper planting practices.

Provide references for similar projects in the state of MS within the last 5 years, including description of work performed and exact location.

c) Responsible Bidder MFC must determine whether a bidder meets the established minimum qualifications and is capable in all respects to fully perform the contract requirements. This includes determining whether the bidder has knowledge, integrity, and reliability which will ensure good faith performance and reduce the risk of a subsequent default or unsatisfactory performance by a bidder which could result in additional costs to MFC.

i. MFC reserves the right to consider historical information regarding any bidder, whether gained from the bidder’s bid, 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.

ii. MFC reserves the right to reject any bid(s) from any vendor(s) whose previous work for the agency was determined by MFC to be unsatisfactory.

Any bidder who does not meet each of these requirements may be disqualified from consideration for contract award.

4.5.3 Lowest Price

The contract(s) shall be awarded to the responsive and responsible bidder(s) who submitted the lowest bid price. Awarding will be based on: pricing, compliance with IFB requirements, and demonstrated experience and capability.

The MFC reserves the right to reject bids from vendors whose previous work for the agency was determined to be unsatisfactory.

If selected bidder does not accept the terms of the proposed contract, the Agency maintains all reservation of rights in accordance with the solicitation and the PPRB Rules and Regulations, including contracting with other eligible vendor(s).

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MFC reserves the right to award contracts to multiple vendors to ensure adequate coverage.

4.5.4 Minor Informalities and Irregularities

MFC 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 MFC to properly evaluate the offer, MFC 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.

4.6 Contract Award

Following evaluation, MFC will issue a Notice of Intent to Award and post a public copy of the Agency Procurement File as required by Section 5.6.1.2 of the PPRB OPSCR Rules and Regulations. Any contract resulting from this IFB requires approval by PPRB prior to execution of the contract.

4.7 Multiple Awards

MFC reserves the right to award contracts to multiple vendors to ensure adequate coverage.

4.8 Right to Reject Bids and/or Cancel Procurement

Pursuant to Section 5.7 of the PPRB OPSCR Rules and Regulations and at the sole discretion of MFC, any bid submitted in response to this IFB may be rejected in whole or in part, or the solicitation process described herein may be cancelled in its entirety, when it is determined to be in the best interest of MFC.

4.9 Reconsideration of the Terms of the Solicitation

Any potential bidder has the opportunity to request reconsideration of the terms of the solicitation as allowed by and in compliance with Section 5.2.4 of the PPRB OPSCR Rules and Regulations.

Any such request shall be submitted to: Rebekah Olander, Bid Coordinator, at rolander@mfc.ms.gov. Your email should include “Request for Reconsideration of the Solicitation” in the subject line of the email. Requirements for said request shall comply with the information stated in Section 5.2.4.

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Section 5. Bid Submission Requirements

5.1 Submission Format

Before the deadline described in Paragraph 4.4 of this solicitation, October 1, 2026, at 10:00 am bids shall be submitted in the manner described below:

• Electronic submissions will be accepted and are strongly recommended; said submissions will be submitted through either:

o MAGIC: Instructions are provided for registering in MAGIC if needed (Appendix G).

o Emails: Rebekah Olander, Bid Coordinator, at rolander@mfc.ms.gov

• Paper submission is accepted via mail or hand delivery. See Section 5.2 for mailing and/or hand delivery instructions.

Late submissions will not be accepted.

5.2 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 MFC as outlined below:

Mississippi Forestry Commission 3139 Highway 468 West Pearl, MS 39208 Purchasing In the lower left-hand corner of the envelope, write: “RESTORE Tree Planting Bid”

**All paper submissions must be received before October 1, 2026, at 10:00 am.**

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:

http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/ .

• For online learning instructions on submitting your bid electronically, select “Supplier

Training” from the link listed above. Select the LOG280 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.

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, October 1, 2026. Timely submission is the sole responsibility of the bidder. Submissions received after the specified time may be rejected and the unopened bid will be made a part of the mailto:rolander@mfc.ms.gov http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/ mailto:mash@dfa.ms.gov

P a g e 18 | 47 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.

5.3 Bid Contents

Each bid submitted shall contain the following:

• Bid form (Appendix B) o Pricing sheet (Bid Form) on a per-tree rate based on both 7- and 15-gallon containers

• Proof of licensing and ISA certifications (Appendix C)

• Insurance certificates (Appendix C)

• Company background and experience summary including past tree planting projects within the last 5 years.

• Proof of Business:

o Registered and in Good Standing with the Mississippi Secretary of State

The bid should be organized in a manner which allows Mississippi Forestry Commission to readily determine that all required information has been provided. Organize in the order of the bid contents above.

A bidder who attempts to alter any requirements in this IFB through its bid may be disqualified from consideration for contract award. This IFB, including any amendments to this IFB which may be issued, will supersede any conflicting language submitted in any bid submitted.

Mississippi Forestry Commission will not accept multiple or alternate bids from any bidder.

5.4 Public Copy of the Bid

In addition to the complete unredacted version of its bid, each bidder shall also submit a public copy of the bid in which the information the bidder deems confidential commercial and financial information and/or trade secrets is redacted in black. See Mississippi Code Annotated §§ 25-61- 9, 75-26-1 through 75-26-19, and 79-23-1.

A bidder who is found by MFC or the PPRB to have made redactions 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 may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations.

At the sole discretion of MFC and without notice to the bidder, the public copy may be released exactly as submitted as a public record. If any bidder does not submit a redacted copy of its bid, MFC will consider the complete unredacted bid to be the public copy.

Bidders shall complete and submit the form enclosed as Appendix F regarding submission of a public copy of the bid. Failure to do so may result in the bid being disqualified from consideration for contract award.

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5.5 Bidder Obligations

5.5.1 Investigations

Before submitting a bid, each bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract resulting from this IFB and to verify all representations made by MFC upon which the bidder will rely. Failure to have made such investigations shall not relieve the successful bidder from the obligation to comply with every detail of the IFB, its bid, and/or the contract resulting from this IFB, nor will such failure to investigate be accepted as the basis for a claim for additional compensation.

5.5.2 Certifications

Every bidder shall make the certifications listed in Appendix C by executing and returning Appendix C with its bid. Failure to do so may result in a bidder being disqualified from consideration for contract award.

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Appendices

The following appendices are included with this IFB and are incorporated into the IFB as if fully stated in the body of the IFB.

• Appendix A: Contract Terms and Conditions

• Appendix B: Bid Form

• Appendix C: Certifications and Assurances

• Appendix D: Acknowledgement of IFB Amendments

• Appendix E: Submission of Public Copy of Bid

• Appendix F: MAGIC Instructions

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Appendix A: Contract Terms and Conditions

DRAFT AGREEMENT SAMPLE CONTRACT (Read Only)

CONTRACT FOR RESTORE TREE PLANTING SERVICES

1. Parties. The parties to this contract are the Mississippi Forestry Commission (hereinafter “Agency”) and COMPANY (hereinafter “Contractor”).

2. Purpose. The purpose of this contract is for the Agency to engage Contractor to provide services for the Agency, and in doing so implement approved federal grants to the Mississippi Forestry Commission.

3. Scope of Services. Contractor will perform and complete in a timely and satisfactory manner the services described in Exhibit “A”, captioned “Scope of Services”, which is attached hereto and made a part hereof by reference.

4. General Terms and Conditions. This contract is hereby made subject to the terms and conditions included in Exhibit “B”, captioned “Additional Terms and Conditions”, which is attached hereto and made a part hereof by reference.

5. Consideration. As consideration for the performance of the services referenced in Exhibit “A”, the Agency agrees to compensate Contractor as provided in Exhibit “C”, captioned “Compensation”, which is attached hereto and made a part hereof by reference.

6. Period of Performance. This contract will become effective for the period beginning January 1, 2027, and ending on December 31, 2027, upon the approval and signature of the parties hereto.

The Agency has the option to renew the contract.

7. Method of Payment. Contractor agrees to accept payments referenced in Paragraph 5, “Consideration”, to be paid as billed by Contractor, upon review and approval by Agency.

Contractor agrees to submit invoices to the Agency, in a monthly billing cycle for all current charges, referencing the grant name on the invoice and each grant billed separately that contain a detailed account of each billing. The final invoice is to be submitted no later than December 31, 2027. Contractor is classified as an independent contractor and not a contractual employee of the Agency. As such, any compensation due and payable to Contractor will be paid as gross amounts. Contractor invoices shall be submitted to the Agency as set forth in Paragraph 22.

8. 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.

9. 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.

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10. Availability Of Funds. It is expressly understood and agreed that the obligation of Mississippi Forestry Commission 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, Mississippi Forestry Commission shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the Mississippi Forestry Commission of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

11. Certification Of Independent Price Determination. By submitting a bid, the bidder certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other bidder or competitor for the purpose of restricting competition.

12. Compliance With Equal Opportunity in Employment Policy. Contractor understands that the Mississippi Forestry Commission 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 during the term of the agreement that Contractor will strictly adhere to this policy in its employment practices and provision of services.

13. Representation Regarding Contingent Fees. Contractor represents that it has not retained a person to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in Contractor’s bid or proposal.

14. Representation Regarding Gratuities. Offeror represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of Mississippi Forestry Commission 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. Offeror further represents that no employee or former employee of Mississippi Forestry Commission 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 offeror. Offeror 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.

15. 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.

16. Contract Rights. Contract rights do not vest in any party until a contract is legally and fully executed. The Mississippi Forestry Commission is under no obligation to award a contract following issuance of this solicitation.

17. Insurance.

Insurance required:

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a. Contractor shall maintain insurance which, at a minimum, shall include the following types of insurance and coverage limits:

• Workers’ Compensation as required by the State of Mississippi; and,

• Comprehensive General Liability or Professional General Liability with minimal limits of $1,000,000.00 per occurrence; and,

b. All insurance policies will list the State of Mississippi as an additional insured and upon request, the Contractor will provide copies of any insurance documentation to the Agency.

c. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Mississippi, meaning insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.

d. The Agency requires the contractor(s) to provide certificates of insurance regarding the required coverage.

18. Stop Work Order. The Mississippi Forestry Commission 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 Mississippi Forestry Commission. 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 Mississippi Forestry Commission. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the Mississippi Forestry Commission has terminated that part of the agreement or terminated the agreement in its entirety. The Mississippi Forestry Commission is not liable for payment for services which were not rendered due to the stop work order.

19. Termination. Termination for Convenience. The Mississippi Forestry Commission may, when the interests of the Agency so require, terminate this contract in whole or in part, for the convenience of the Agency. The Mississippi Forestry Commission 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 Mississippi Forestry Commission 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 Mississippi Forestry Commission may terminate the contract for default and the Contractor will be liable for the additional cost to the Mississippi Forestry Commission 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.

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20. 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.

21. 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 Mississippi Forestry Commission subject to approval by any agencies of the United…