Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › APPENDICES › Appendix 12-9-F - Clauses Available for Use in Solicitations for Bids, Proposals, or Qualifications

Current through June 25, 2024
Unless otherwise noted, the clauses are designed to be used
				  under competitive sealed bidding (IFB) procedures. To alter a clause so that it
				  can be used under competitive negotiation (RFP) procedures, change the terms
				  "bid" and "bidder" to "offer" and "offeror," "bid form" to "proposal form,"
				  "invitation forbids" to "request for proposals," and so forth. Terms may also
				  be changed for use with qualifications. These clauses are discretionary and the
				  agency is neither required to use them nor prohibited from using others which
				  are not included in this appendix.
ADDITIONAL INFORMATION
Questions about the contract portions of the bid document
				  must be submitted in writing
to [name of contact person]
at
[address/fax machine number/email address].
Questions
				  concerning the technical portions of the bid document should be directed to
[name of contact person]
at
[address/fax machine
				  number/email address].
Bidders are cautioned that any statements made
				  by the contract or the technical contact person that materially change any
				  portion of the bid document shall not be relied upon unless subsequently
				  ratified by a formal written amendment to the bid document.
BID ACCEPTANCE PERIOD
The original and
[number]
copies of the bid
				  form,
[number]
copies total, shall be signed and submitted in
				  a sealed envelope or package to
[place for receipt of bids]
no
				  later than the time and date specified for receipt of bids. Timely submission
				  of the bid form is the responsibility of the bidder. Bids received after the
				  specified time shall be rejected and returned to the bidder unopened. The
				  envelope or package shall be marked with the bid opening date and time, and the
				  number of the invitation for bids. The time and date of receipt shall be
				  indicated on the envelope or package by
[department receiving
				  bids].
Each page of the bid form and all attachments shall be
				  identified with the name of the bidder.
Failure to submit a bid on the bid form provided shall be
				  considered just cause for rejection of the bid. Modifications or additions to
				  any portion of the bid document may be cause for rejection of the bid. The
[agency]
reserves the right to decide, on a case-by-case
				  basis, whether to reject a bid with modifications or additions as
				  non-responsive. As a precondition to bid acceptance, the
[agency]
may request the bidder to withdraw or modify those
				  portions of the bid deemed non-responsive that do not affect quality, quantity,
				  price, or delivery of the service.
(Non-responsive portions of the bid that do not
				  affect service quality, quantity, price or delivery may be, for example,
				  clauses that specify the State in which litigation is to be brought or that
				  provide for high interest charges for late payment.)
BID WITHDRAWAL
If the price bid is substantially lower than those of other
				  bidders, a mistake may have been made. A bidder may withdraw its bid from
				  consideration if certain conditions are met:
(1) The bid is submitted in good faith
(2) The price bid is substantially lower than those of other
				  bidders because of a mistake.
(3) The mistake is a clerical error, not an error of
				  judgment.
(4) Objective evidence drawn from original work papers,
				  documents, and other materials used in the preparation of the bid demonstrates
				  clearly that the mistake was an unintentional error in arithmetic or an
				  unintentional omission of a quantity of labor or material.
To withdraw a bid that includes a clerical error after bid
				  opening, the bidder must give notice in writing to the
[agency]
of claim of right to withdraw a bid. Within two
				  business days after the bid opening, the bidder requesting withdrawal must
				  provide to the
[agency]
all original work papers, documents,
				  and other materials used in the preparation of the bid.
A bidder may also withdraw a bid, prior to the time set for
				  the opening of bids, by simply making a request in writing to the
[agency].
No explanation is required.
A bidder may also withdraw a bid if the
[agency]
fails to award or issue a notice of intent to award
				  the bid within
[time period]
after the date fixed for the
				  opening of bids.
No bidder who is permitted to withdraw a bid shall, for
				  compensation, supply any material or labor to or perform any subcontract or
				  other work for the person to whom the contract is awarded, or otherwise benefit
				  from the contract.
No partial withdrawals of a bid are permitted after the time
				  and date set for the bid opening; only complete withdrawals are
				  permitted.
BIDDER CERTIFICATION
The bidder agrees that submission of a signed bid form is
				  certification that the bidder will accept an award made to it as a result of
				  the submission.
BIDDER INVESTIGATIONS
Before submitting a bid, each bidder shall make all
				  investigations and examinations necessary to ascertain all site conditions and
				  requirements affecting the full performance of the contract and to verify any
				  representations made by the
[agency]
upon which the bidder
				  will rely. If the bidder receives an award as a result of its bid submission,
				  failure to have made such investigations and examinations will in no way
				  relieve the bidder from its obligation to comply in every detail with all
				  provisions and requirements of the contract documents, nor will a plea of
				  ignorance of such conditions and requirements be accepted as a basis for any
				  claim whatsoever for additional compensation.
CERTIFICATES AND LICENSES
Contractor shall provide notarized copies of all valid
				  licenses and certificates required for performance of the work. The notarized
				  copies shall be delivered to the
[agency]
no later than ten
				  days after Contractor receives the notice of award from the
[agency].
Current notarized copies of licenses and
				  certificates shall be provided to the
[agency]
within
				  twenty-four hours of demand at any time during the contract term. Licenses and
				  certificates required for this contract include, by way of illustration and not
				  limitation, the following:
(1) A business license valid in
[agency].
(2) A professional license or certificate in the field of
[specialty area].
(3)
[Any additional licenses that may be required to
				  be held by architects, health professionals, pesticide or herbicide application
				  technicians, asbestos removal Contractors, etc.].
DEBARMENT
By submitting a bid, the bidder certifies that it is not
				  currently debarred from submitting bids for contracts issued by any political
				  subdivision or agency of the State, and that it is not an agent of a person or
				  entity that is currently debarred from submitting bids for contract issued by
				  any political subdivision or agency of the State.
EXCEPTIONS
Bidders taking exception to any part or section of the
				  solicitation shall indicate such exceptions on the bid form. Failure to
				  indicate any exception will be interpreted as the bidder's intent to comply
				  fully with the requirements as written. Conditional or qualified bids, unless
				  specifically allowed, shall be subject to rejection in whole or in part.
EXPENSES INCURRED IN PREPARING BID
The
[agency]
accepts no responsibility for
				  any expense incurred by the bidder in the preparation and presentation of a
				  bid. Such expenses shall be borne exclusively by the bidder.
INFORMALITIES AND IRREGULARITIES
The
[agency]
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 time of the services being procured. If insufficient information is
				  submitted by a bidder with the bid for the
[agency]
to
				  properly evaluate the bid, the
[agency]
has the right to
				  require such additional information as it may deem necessary after the time set
				  for receipt of bids, provided that the information requested does not change
				  the price, quality, quantity, delivery, or performance time of the services
				  being procured.
(Information requested may include, for example, a
				  copy of business or professional licenses, or a work schedule.)
LATE SUBMISSIONS
A bid received at the place designated in the solicitation
				  for receipt of bids after the exact time specified for receipt will not be
				  considered unless it is the only bid received, or it is received before award
				  is made and was sent by registered or certified mail not later than the fifth
				  calendar day before the date specified for receipt of bids. It must be
				  determined by the
[agency]
that the late receipt was due
				  solely to mishandling by the
[agency]
after receipt at the
				  specified address.
The only acceptable evidence to establish the date of
				  mailing of a late bid is the U.S. Postal Service postmark on the wrapper or on
				  the original receipt from the U.S. Postal Service. If the postmark does not
				  show a legible date, the contents of the envelope or package shall be processed
				  as if mailed late. "Postmark" means a printed, stamped, or otherwise placed
				  impression, exclusive of a postage meter impression, that is readily
				  identifiable without further action as having been supplied and affixed by the
				  U.S. Postal Service on the date of mailing. Bidders should request postal
				  clerks to place a hand cancellation postmark (often called a bull's eye) on
				  both the receipt and the envelope or wrapper.
The only acceptable evidence to establish the time of
				  receipt at the office identified for bid opening is the time and date stamp of
				  that office on the bid wrapper or other documentary evidence of receipt used by
				  that office.
NONCONFORMING TERMS AND CONDITIONS
A bid response that includes terms and conditions that do
				  not conform to the terms and conditions in the bid document is subject to
				  rejection as non-responsive. The
[agency]
reserves the right
				  to permit the bidder to withdraw nonconforming terms and conditions from its
				  bid response prior to a determination by the
[agency]
of
				  non-responsiveness based on the submission of nonconforming terms and
				  conditions.
PRE-BID CONFERENCE (MANDATORY)
A
mandatory
pre-bid conference will be held
				  at
[time]
on
[date]
at
[location].
All interested parties are required to attend. The
				  purpose of the pre-bid conference is to allow potential bidders an opportunity
				  to present questions to staff and obtain clarification of the requirements of
				  the bid documents. Because the [agency] considers the conference to be critical
				  to understanding the bid requirements, attendance is mandatory in order to
				  qualify as a bidder. Minutes of the conference
[will/will not]
be published.
PRE-BID CONFERENCE (OPTIONAL)
An
optional
pre-bid conference will be held
				  at
[time]
on
[date]
at
[location].
All interested parties are urged to attend. The
				  purpose of the pre-bid conference is to allow potential bidders an opportunity
				  to present questions to staff and obtain clarification of the requirements of
				  the bid documents. Minutes of the conference
[will/will not]
be published.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract
				  to show to the complete satisfaction of the
[agency]
that it
				  has the necessary facilities, ability, and financial resources to provide the
				  service specified therein in a satisfactory manner. The bidder may also be
				  required to give a past history and references in order to satisfy the
[agency]
in regard to the bidder's qualifications. The
[agency]
may make reasonable investigations deemed necessary
				  and proper to determine the ability of the bidder to perform the work, and the
				  bidder shall furnish to the
[agency]
all information for this
				  purpose that may be requested. The
[agency]
reserves the right
				  to reject any bid if the evidence submitted by, or investigation of, the bidder
				  fails to satisfy the
[agency]
that the bidder is properly
				  qualified to carry out the obligations of the contract and to complete the work
				  described therein. Evaluation of the bidder's qualifications shall include:
(1) the ability, capacity, skill, and financial resources to
				  perform the work or provide the service required;
(2) the ability of the bidder to perform the work or provide
				  the service promptly or within the time specified, without delay or
				  interference;
(3) the character, integrity, reputation, judgment,
				  experience, and efficiency of the bidder; and,
(4) the quality of performance of previous contracts or
				  services.
SURETY REQUIRED
(1) Bid surety: A bid bond, cashier's check, or certified
				  check in the amount of
[percentage]
of the amount of the bid
				  made payable to the
[agency]
shall accompany each bid. The bid
				  surety of all bidders shall be retained until after the award of the contract
				  is made. The bid surety of the successful bidder shall be retained until the
				  posting of a performance bond. The failure of the bidder to accept an award and
				  file acceptable performance and payment bonds within fifteen days after award
				  shall be just cause for cancellation of the award and the forfeiture of the bid
				  surety to the
[agency]
as liquidated damages. Award may then
				  be made to the next lowest responsive and responsible bidder.
(2) Performance surety: A performance bond in the amount of
				  100 percent of the bid shall be required of the successful bidder to ensure
				  satisfactory completion of the work. The bond shall be a corporate surety bond
				  issued by a surety company authorized to do business in the State of
				  Mississippi.
(3) Payment surety: A payment bond in the amount of 100
				  percent of the bid shall be required of the successful bidder to guarantee
				  payment of all persons who have and fulfill contracts with Contractor for
				  performing labor or providing equipment or material in the performance of the
				  work provided for in the contract. The bond shall be a corporate surety bond
				  issued by a surety company authorized to do business in the State of
				  Mississippi.
(4) Alternative surety: A certified check for cash escrow
				  deposit in the face amount of the contract such as a personal bond, property
				  bond, or a bank or savings and loan association letter of credit may be
				  tendered in lieu of a bid, payment, or performance bond subject to approval by
				  the
[agency]
attorney.
(5) In no event shall the requirement for a bond be waived.