Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 8 - ORAL PROCEEDINGS › APPENDICES › Appendix 27-1-8-B - Sample RFP

Current through June 25, 2024
Request for Proposal
To Provide A
Professional Consultant
Mississippi State Personnel Board
210 East Capitol Street, Suite 800
Jackson, MS 39201
RFP NO. 98-02-MSPB
Contact Person: John Smith
601-999-9999
Fax Number: 601-999-9999
MISSISSIPPI STATE PERSONNEL BOARD
210 East Capitol Street, Suite 800 Jackson, MS 39201
					 (601) 359-6517
INVITATION:
Written proposals subject to the
					 conditions herein stated and attached hereto, will be received at this office
					 until Thursday, May 6, 2010, at 2:00 p.m. local time for furnishing the
					 services as described below for the Mississippi State Personnel Board
					 (hereinafter "MSPB").
DESCRIPTION:
The MSPB is hereby requesting
					 written proposals to provide a professional consultant.
The MSPB will receive proposals from firms having specific
					 experience and qualifications in the area identified in the solicitation. For
					 consideration, proposals for the project must contain evidence of the firm's
					 experience and abilities in the specified area and other disciplines directly
					 related to the proposed service. Other information required by the MSPB may be
					 included elsewhere in the solicitation. Unless otherwise stated, all offerors
					 shall provide profiles and resumes of the staff to be assigned to the project,
					 references, illustrative examples of similar work performed, and any other
					 information that clearly demonstrates the offeror's expertise in the area of
					 the solicitation.
A selection committee shall review and evaluate all
					 replies. The selection committee will have only the response to the
					 solicitation to review for selection of finalists. It is, therefore, important
					 that respondents emphasize specific information pertinent to the work.
					 Evaluation of the responses will be based on the following criteria:
A. The overall quality of the proposed plan for performing
					 the required services (the plan should reflect an understanding of the project
					 and its objectives). Consideration will be given to the completeness of the
					 response to the specific requirements of the solicitation.
(Critical)
B. Proposer's ability to provide the required services as
					 reflected/evidenced by qualifications (education, experience, etc.). This
					 includes the ability of the proposer to provide a work product that is legally
					 defensible.
(Very Important)
C. The personnel, equipment, facilities, and financial
					 resources to perform the services currently available or demonstrated to be
					 made available at the time of contracting.
(Important)
D. A record of past performance of similar work.
(Critical)
E. Price.
(Important)
Inquiries regarding this Request for Proposal must be
					 directed to:
John Smith, (TITLE)
Mississippi State Personnel Board
210 East Capitol Street, Suite 800
Jackson, MS 39201
(601) 999-9999
Proposals and attachments must be submitted to:
Jim Smith, (TITLE)
Mississippi State Personnel Board
210 East Capitol Street, Suite 800
Jackson, MS 39201
(601) 999-9999
MISSISSIPPI STATE PERSONNEL BOARD
210 EAST CAPITOL STREET, SUITE 800
JACKSON, MISSISSIPPI 39201
1.0 SPECIFICATIONS, TERMS AND CONDITIONS FOR
					 PROFESSIONAL CONSULTING SERVICES
1.1 General Statement:
The Mississippi State Personnel Board (hereinafter
					 "MSPB"), in order to ensure that selection procedures for screening applicants
					 for jobs with the state service in Mississippi are job related and legally
					 defensible, is desirous of securing the services of a professional consultant.
					 Additional information may be obtained by written request to
Jim Smith,
					 Mississippi State Personnel Board, 210 East Capitol Street, Suite 800, Jackson,
					 MS 39201.
1.2 Detailed Minimum Specifications:
Devise a written proposal that will ensure that selection
					 procedures for screening applicants for jobs with the state service of
					 Mississippi are job related and legally defensible. All information, results,
					 conclusions, studies and other data arising out of the consultant's performance
					 may be utilized by the State in litigation. The written proposal should be such
					 that it clearly and fully explains how the consultant will:
(1) provide expertise in conjunction with the development
					 of valid job descriptions with essential functions in compliance with federal
					 law, specifically, the Americans with Disabilities Act (ADA);
(2) provide job related minimum qualifications for job
					 classes selected or identified by the MSPB and provide a recommendation on the
					 continued utilization of tests, where applicable, in association with these job
					 related minimum qualifications;
(3) provide professionally developed job descriptions with
					 job related minimum qualifications and essential functions in compliance with
					 federal law, with necessary documentation as professionally appropriate for
					 establishing job relatedness; and,
(4) provide job class specifications in both hard copy
					 (paper) and electronic formats (The State Personnel Board uses Microsoft Word
					 and Adobe to maintain its current job class specifications documents. Special
					 features of Word are used to format the documents. The consultant submitting
					 the proposal will be required to provide electronic files in the format
					 specified by the MSPB. Special formatting codes, file naming conventions, and
					 other instructions will be provided to the consultant at the time of the award.
					 As an option, the consultant's proposal should provide provision of
all
documentation in PDF format. Electronic files are to be
					 provided in Microsoft Word and PDF format.).
The price submitted shall reflect a total cost for each
					 successfully completed job description provided for each job class, specifying
					 the total number of job descriptions that the consultant can successfully
					 complete no later than May 31 
					 st of each fiscal year. The MSPB
					 staff will provide the consultant with lists identifying the specific job
					 classes for which these services are to be performed. Completed job
					 descriptions must be delivered to MSPB for review as follows:
(1) The first batch must be delivered no later than three
					 months after the commencement of the contract with a minimum of fifteen (15)
					 job descriptions being submitted for review.
(2) All other batches must be delivered each month
					 thereafter with a minimum of seventeen (17) job descriptions being submitted
					 for review each month.
The period of performance of this service is for fiscal
					 years 2013 through 2015 (July 1, 2012 - June 30, 2015). The contract is
					 renewable for a period of two (2) years for fiscal year 2016 - 2017 conditioned
					 upon the receipt of state funds and satisfactory performance during prior
					 fiscal years as determined by the State Personnel Director.
2.0 CONSULTANT'S WRITTEN PROPOSAL SHALL CONTAIN THE
					 FOLLOWING MINIMUM INFORMATION:
(1) name of consultant, location of consultant's principal
					 place of business, and the place of performance of the proposed contract,
(2) age of consultant's business and the average number of
					 employees over the past three (3) years;
(3) resume' listing abilities, qualifications and
					 experience of all individuals who will be assigned to provide the required
					 services;
(4) listing of three contracts under which services
					 similar in scope, size, or discipline were performed or undertaken, including
					 at least two (2) references for current contracts or those awarded during the
					 past three (3) years (On a proposal form, list three (3) projects to include
					 the names and addresses of the projects, the scope of the project, and the
					 names and telephone numbers of the clients for reference purposes. All
					 information on the proposal form must be completed. Incomplete or unsigned
					 proposal forms will be rejected.);
(5) a plan giving as much detail as is practical
					 explaining how the services will be performed; and,
(6) an estimate of price.
3.0 INSURANCE REQUIREMENTS
The successful offeror/proposer will be required to
					 procure and maintain errors and omissions/professional liability coverage in
					 the amount of:
$250,000 per occurrence for Fiscal Year 2013;
$250,000 per occurrence for Fiscal Year 2014;
$250,000 per occurrence for Fiscal Year 2015;
$500,000 per occurrence for Fiscal Year 2016; and,
$500,000 per occurrence for Fiscal Year 2015 (provided
					 renewal option is exercised); and offer proof of such coverage. Prior to the
					 execution of the contract, proof of such coverage shall be provided. Should the
					 certificate expire during the term of the contract, it is the responsibility of
					 the vendor to provide copies of the current insurance certificate.
3.1 INSURANCE
Contractor represents that it will maintain workers'
					 compensation insurance which shall inure to the benefit of all Contractor's
					 personnel provided hereunder and maintain errors and omissions/professional
					 liability insurance with minimum limits as described in section 3.0 above. All
					 errors and omissions/professional liability insurance will provide coverage to
					 the MSPB as an additional insured. The MSPB reserves the right to request from
					 carriers, certificates of insurance regarding the required coverage. Insurance
					 carriers must be licensed or hold a Certificate of Authority from the
					 Mississippi Department of Insurance.
4.0
RENEWAL OF CONTRACTS
The contract may be renewed at the discretion of the
					 agency upon written notice to Contractor at least sixty (60) days prior to the
					 contract anniversary date for a period of 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 two (2).
5.0
COMPENSATION FOR SERVICES WILL BE
					 IN THE FORM OF A FIRM FIXED PRICE AGREEMENT
6.0
REJECTION OF PROPOSALS
Proposals which do not conform to the requirements set
					 forth in this RFP may be rejected by MSPB. Proposals may be rejected for
					 reasons which include, but are not limited to, the following:
(1) the proposal contains unauthorized amendments to the
					 requirements of the RFP;
(2) the proposal is conditional;
(3) the proposal is incomplete or contains irregularities
					 which make the proposal indefinite or ambiguous;
(4) the proposal is received late;
(5) the proposal is not signed by an authorized
					 representative of the party;
(6) the proposal contains false or misleading statements
					 or references; and,
(7) the proposal does not offer to provide all services
					 required by the RFP.
7.0
INFORMALITIES AND
					 IRREGULAITIES
The MSPB 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 MSPB to properly evaluate the bid, the MSPB 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.
8.0
DISPOSITION OF PROPOSALS
All submitted proposals become the property of the State
					 of Mississippi.
9.0
COMPETITIVE NEGOTIATION
The bidding method to be used is that of competitive
					 negotiation from which MSPB is seeking the best combination of price,
					 experience and quality of service. Discussions may be conducted with offerors
					 who submit proposals determined to be reasonably susceptible of being selected
					 for award. Likewise, MSPB also reserves the right to accept any proposal as
					 submitted for contract award, without substantive negotiation of offered terms,
					 services or prices. For these reasons, all parties are advised to propose their
					 most favorable terms initially.
10.0 RFP DOES NOT CONSTITUTE ACCEPTANCE OF
					 OFFER
The release of the Request for Proposal does not
					 constitute an acceptance of any offer, nor does such release in any way
					 obligate MSPB to execute a contract with any other party. MSPB reserves the
					 right to accept, reject, or negotiate any or all offers on the basis of the
					 evaluation criteria contained within this document. The final decision to
					 execute a contract with any party rests solely with MSPB.
11.0 EXCEPTIONS AND DEVIATIONS
Offerors taking exception to any part or section of the
					 solicitation shall indicate such exceptions in the proposal and shall be fully
					 described. Failure to indicate any exception will be interpreted as the
					 offeror's intent to comply fully with the requirements as written. Conditional
					 or qualified offers, unless specifically allowed, shall be subject to rejection
					 in whole or in part.
12.0 NONCONFORMING TERMS AND CONDITIONS
A proposal that includes terms and conditions that do not
					 conform to the terms and conditions in the Request for Proposal is subject to
					 rejection as non-responsive. MSPB reserves the right to permit the offeror to
					 withdraw nonconforming terms and conditions from its proposal prior to a
					 determination by the MSPB of non-responsiveness based on the submission of
					 nonconforming terms and conditions.
13.0 PROPOSAL ACCEPTANCE PERIOD
The original and five (5) copies of the proposal and all
					 attachments (six (6) copies total) shall be signed and submitted in a sealed
					 envelope or package to
Jim Smith, 210 East Capitol Street, Suite 800,
					 Jackson, Mississippi 39201
no later than the time and date specified
					 for receipt of proposals. Timely submission of the proposal is the
					 responsibility of the offeror. Proposals received after the specified time,
					 shall be rejected and returned to the offeror unopened. The envelope or package
					 shall be marked with the proposal opening date and time and the number of the
					 request for proposal. The time and date of receipt shall be indicated on the
					 envelope or package by the MSPB Business Office. Each page of the proposal and
					 all attachments shall be identified with the name of the offeror.
14.0 EXPENSES INCURRED IN PREPARING OFFERS
MSPB accepts no responsibility for any expense incurred by
					 the offeror in the preparation and presentation of an offer. Such expenses
					 shall be borne exclusively by the offeror.
15.0 PROPRIETARY INFORMATION
The offeror/proposer should mark any and all pages of the
					 proposal considered to be proprietary information which may remain confidential
					 in accordance with Mississippi Code Annotated §§
										25-61-9
					 and
					 79-23-1
					 (1972, as amended). Any pages not marked accordingly will be subject to review
					 by the general public after award of the contract. Requests to review the
					 proprietary information will be handled in accordance with applicable legal
					 procedures.
16.0 ADDITIONAL INFORMATION
Questions about this Request for Proposal must be
					 submitted in writing to
John Smith
at
210 East
					 Capitol, Suite 800, Jackson, Mississippi 39201;
fax number
					 601-999-9999. Questions concerning the technical portions of the Request for
					 Proposal should be directed to
Jane Doe
at
210 East
					 Capitol, Suite 800, Jackson, Mississippi 39201;
fax number
					 601-999-9999. Offerors are cautioned that any statements made by the contract
					 or technical contract person that materially change any portion of the Request
					 for Proposal shall not be relied upon unless subsequently ratified by a formal
					 written amendment to the Request for Proposal.
17.0 DEBARMENT
By submitting a proposal, the offeror certifies that it is
					 not currently debarred from submitting proposals for contracts issued by any
					 political subdivision or agency of the State of Mississippi and that it is not
					 an agent of a person or entity that is currently debarred from submitting
					 proposals for contracts issued by any political subdivision or agency of the
					 State of Mississippi.
18.0
REQUIRED CLAUSES FOR
					 PROCUREMENT
18.1 Acknowledgment of Amendments
Offerors shall acknowledge receipt of any amendment to the
					 solicitation by signing and returning the amendment with the proposal, by
					 identifying the amendment number and date in the space provided for this
					 purpose on the proposal form, or by letter. The acknowledgment must be received
					 by the MSPB by the time and at the place specified for receipt of proposals.
18.2 Certification of Independent Price
					 Determination
The offeror certifies that the prices submitted in
					 response to the solicitation have been arrived at independently and without,
					 for the purpose of restricting competition, any consultation, communication, or
					 agreement with any other offeror or competitor relating to those prices, the
					 intention to submit a bid, or the methods or factors used to calculate the
					 prices bid.
18.3 Prospective Contractor's Representation
					 Regarding Contingent Fees
(To be placed in prospective
					 Contractor's response bid or proposal.)
The prospective Contractor represents as a part of such
					 Contractor's bid or proposal that such Contractor has/has not
(use
					 applicable word or words)
retained any person or agency on a
					 percentage, commission, or other contingent arrangement to secure this
					 contract.
18.4 E-Verification
If applicable, Contractor represents and warrants that it
					 will ensure its compliance with the Mississippi Employment Protection Act of
					 2008, and will register and participate in the status verification system for
					 all newly hired employees. Miss. Code Ann. §§
										71-11-1
et seq.
(1972, as amended). The term "employee" as used herein
					 means any person that is hired to perform work within the State of Mississippi.
					 As used herein, "status verification system" means the Illegal Immigration
					 Reform and Immigration Responsibility Act of 1996 that is operated by the
					 United States Department of Homeland Security, also known as the E-Verify
					 Program, or any other successor electronic verification system replacing the
					 E-Verify Program. Contractor agrees to maintain records of such compliance.
					 Upon request of the State, and after approval of the Social Security
					 Administration or Department of Homeland Security when required, Contractor
					 agrees to provide a copy of each such verification. 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 agreement may subject Contractor to the following:
a) termination of this contract for services and
					 ineligibility for any state or public contract in Mississippi for up to three
					 (3) years with notice of such cancellation/termination being made public;
b) 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 for up to one (1) year; or,
c) both. In the event of such cancellation/termination,
					 Contractor would also be liable for any additional costs incurred by the State
					 due to Contract cancellation or loss of license or permit to do business in the
					 State.
18.5 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 law
					 on "Timely Payments for Purchases by Public Bodies," which generally provides
					 for payment of undisputed amounts by the agency within forty-five (45) days of
					 receipt of invoice. Miss. Code Ann. §
										31-7-305
					 (1972, as amended).
18.6 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 proposal.
18.7 Representation Regarding Gratuities
The offeror or 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 (Gratuities) of the
Mississippi Personal Service Contract Review Board Rules and
					 Regulations
.
19.0 STANDARD TERMS AND CONDITIONS WHICH WILL BE
					 INCLUDED IN ANY CONTRACT AWARDED FROM THIS RFP
19.1 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 the State. Contractor shall comply with applicable federal,
					 state, and local laws and regulations.
19.2 Availability of Funds
It is expressly understood and agreed that the obligation
					 of the State to proceed under this agreement is conditioned upon the
					 appropriation of funds by the Mississippi State Legislature and the receipt of
					 state and/or federal funds. If the funds anticipated for the continuing
					 fulfillment of the agreement are, at any time, not forthcoming or insufficient,
					 either through the failure of the federal government to provide funds or of the
					 State of Mississippi to appropriate funds or the discontinuance or material
					 alteration of the program under which funds were provided or if funds are not
					 otherwise available to the State, the State shall have the right upon ten (10)
					 working days written notice to Contractor, to terminate this agreement without
					 damage, penalty, cost or expenses to the State of any kind whatsoever. The
					 effective date of termination shall be as specified in the notice of
					 termination.
19.3 Procurement Regulations
The contract shall be governed by the applicable
					 provisions of the
Mississippi Personal Service Contract Review Board
					 Rules and Regulation
s, a copy of which is available at 210 East
					 Capitol Street, Suite 800, Jackson, Mississippi, 39201 for inspection, or
					 downloadable at
http://www.mspb.ms.gov
.
19.4 Confidentiality
Notwithstanding any provision to the contrary contained
					 herein, it is recognized that
[agency]
is a public agency of
					 the State of Mississippi and is subject to the Mississippi Public Records Act,
					 Mississippi Code Annotated §§
										25-61-1
et seq
. (1972, as amended). If a public records request is
					 made for any information provided to
[agency]
pursuant to the
					 agreement,
[agency]
shall promptly notify the disclosing party
					 of such request and will respond to the request only in accordance with the
					 procedures and limitations set forth in applicable law. The disclosing party
					 shall promptly institute appropriate legal proceedings to protect its
					 information. No party to the agreement shall be liable to the other party for
					 disclosures of information required by court order or required by law.
19.5 Stop Work Order
(1)
Order to Stop Work
. The Procurement
					 Officer of MSPB, may, by written order to Contractor at any time, and without
					 notice to any surety, require Contractor to stop all or any part of the work
					 called for by this contract. This order shall be for a specified period not
					 exceeding 90 days after the order is delivered to Contractor, unless the
					 parties agree to any further period. Any such order shall be identified
					 specifically as a stop work order issued pursuant to this clause. Upon receipt
					 of such an order, Contractor shall forthwith comply with its terms and take all
					 reasonable steps to minimize the occurrence of costs allocable to the work
					 covered by the order during the period of work stoppage. Before the stop work
					 order expires, or within any further period to which the parties shall have
					 agreed, the Procurement Officer shall either:
(a) cancel the stop work order; or,
(b) terminate the work covered by such order as provided
					 in the -Termination for Default Clause' or the -Termination for Convenience
					 Clause' of this contract.
(2)
Cancellation or Expiration of the
					 Order
. If a stop work order issued under this clause is canceled at
					 any time during the period specified in the order, or if the period of the
					 order or any extension thereof expires, Contractor shall have the right to
					 resume work. An appropriate adjustment shall be made in the delivery schedule
					 or Contractor price, or both, and the contract shall be modified in writing
					 accordingly, if:
(a) the stop work order results in an increase in the time
					 required for, or in Contractor's cost properly allocable to, the performance of
					 any part of this contract; and,
(b) Contractor asserts a claim for such an adjustment
					 within 30 days after the end of the period of work stoppage; provided that, if
					 the Procurement Officer decides that the facts justify such action, any such
					 claim asserted may be received and acted upon at any time prior to final
					 payment under this contract.
(3)
Termination of Stopped Work
. If a
					 stop work order is not canceled and the work covered by such order is
					 terminated for default or convenience, the reasonable costs resulting from the
					 stop work order shall be allowed by adjustment or otherwise.
(4)
Adjustments of Price
. Any adjustment
					 in contract price made pursuant to this clause shall be determined in
					 accordance with the Price Adjustment clause of this contract.
19.6 Compliance with Laws
Contractor understands that the MSPB 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. Contractor shall comply with, and all activities under this agreement
					 shall be subject to, all applicable federal, State of Mississippi, and local
					 laws and regulations, as now existing and as may be amended or modified.
19.7 Anti-Assignment/Subcontracting
Contractor acknowledges that it was selected by the MSPB
					 to perform the services required hereunder based, in part, upon Contractor's
					 special skills and expertise. Contractor shall not assign, subcontract or
					 otherwise transfer this agreement in whole or in part without the prior written
					 consent of the MSPB, which the MSPB may, in its sole discretion, approve or
					 deny without reason. Any attempted assignment or transfer of its obligations
					 without such consent shall be null and void. No such approval by the MSPB of
					 any subcontract shall be deemed in any way to provide for the incurrence of any
					 obligation of the State in addition to the total fixed price agreed upon in
					 this agreement. Subcontracts shall be subject to the terms and conditions of
					 this agreement and to any conditions of approval that the MSPB may deem
					 necessary. Subject to the foregoing, this agreement shall be binding upon the
					 respective successors and assigns of the parties.
19.8 Antitrust
By entering into a contract, Contractor conveys, sells,
					 assigns, and transfers to the MSPB all rights, titles, and interest it may now
					 have, or hereafter acquire, under the antitrust laws of the United States and
					 the State of Mississippi that relate to the particular goods or services
					 purchased or acquired by the MSPB under said contract.
19.9 Approval
It is understood that the Contract is void and no payment
					 shall be made in the event that the Personal Service Contract Review Board does
					 not approve this contract.
19.10 Attorney's Fees and Expenses
Subject to other terms and conditions of this agreement,
					 in the event Contractor defaults in any obligations under this agreement,
					 Contractor shall pay to the State all costs and expenses (including, without
					 limitation, investigative fees, court costs, and attorney's fees) incurred by
					 the State in enforcing this agreement or otherwise reasonably related thereto.
					 Contractor agrees that under no circumstances shall the customer be obligated
					 to pay any attorney's fees or costs of legal action to Contractor.
19.11 Authority to Contract
Contractor warrants (a) that it is a validly organized
					 business with valid authority to enter into this agreement; (b) that it is
					 qualified to do business and in good standing in the State of Mississippi; (c)
					 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, and (d) notwithstanding any other provision of this agreement 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 agreement.
19.12 Change in Scope of Work
The MSPB may order changes in the work consisting of
					 additions, deletions, or other revisions within the general scope of the
					 contract. No claims may be made by Contractor that the scope of the project or
					 of Contractor's services has been changed, requiring changes to the amount of
					 compensation to Contractor or other adjustments to the contract, unless such
					 changes or adjustments have been made by written amendment to the contract
					 signed by the MSPB and Contractor.
If Contractor believes that any particular work is not
					 within the scope of the project, is a material change, or will otherwise
					 require more compensation to Contractor, Contractor must immediately notify the
					 MSPB in writing of this belief If the MSPB believes that the particular work is
					 within the scope of the contract as written, Contractor will be ordered to and
					 shall continue with the work as changed and at the cost stated for the work
					 within the scope of service.
19.13 Contractor Personnel
The MSPB shall, throughout the life of the contract, have
					 the right of reasonable rejection and approval of staff or subcontractors
					 assigned to the work by Contractor. If the MSPB reasonably rejects staff or
					 subcontractors, Contractor must provide replacement staff or subcontractors
					 satisfactory to the MSPB in a timely manner and at no additional cost to the
					 MSPB. The day-to-day supervision and control of Contractor's employees and
					 subcontractors is the sole responsibility of Contractor.
19.14 Failure to Deliver
In the event of failure of Contractor to deliver services
					 in accordance with the contract terms and conditions, the MSPB, after due oral
					 or written notice, may procure the services from other sources and hold
					 Contractor responsible for any resulting additional purchase and administrative
					 costs. This remedy shall be in addition to any other remedies that the MSPB may
					 have.
19.15 Failure to Enforce
Failure by the MSPB at any time to enforce the provisions
					 of the contract shall not be construed as a waiver of any such provisions. Such
					 failure to enforce shall not affect the validity of the contract or any part
					 thereof or the right of the MSPB to enforce any provision at any time in
					 accordance with its terms.
19.16 Force Majeure
Each party shall be excused from performance for any
					 period and to the extent that it is prevented from performing any obligation or
					 service, in whole or in part, as a result of causes beyond the reasonable
					 control and without the fault or negligence of such party and/or its
					 subcontractors. Such acts shall include without limitation acts of God,
					 strikes, lockouts, riots, acts of war, epidemics, governmental regulations
					 superimposed after the fact, fire, earthquakes, floods, or other natural
					 disasters ("force majeure events"). When such a cause arises, Contractor shall
					 notify the MSPB immediately in writing of the cause of its inability to
					 perform, how it affects its performance, and the anticipated duration of the
					 inability to perform. Delays in delivery or in meeting completion dates due to
					 force majeure events shall automatically extend such dates for a period equal
					 to the duration of the delay caused by such events, unless the MSPB determines
					 it to be in its best interest to terminate the agreement.
19.17 Indemnification
To the fullest extent allowed by law, Contractor shall
					 indemnify, defend, save and hold harmless, protect, and exonerate the MSPB, 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 attorney's 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 State's sole
					 discretion, Contractor may be allowed to control the defense of any such claim,
					 suit, etc. In the event Contractor defends said claim, suit, etc., Contractor
					 shall use legal counsel acceptable to the State. Contractor shall be solely
					 responsible for all costs and/or expenses associated with such defense, and the
					 State shall be entitled to participate in said defense. Contractor shall not
					 settle any claim, suit, etc. without the State's concurrence, which the State
					 shall not unreasonably withhold.
19.18 Independent Contractor Status
Contractor shall, at all times, be regarded as and shall
					 be legally considered an independent contractor and shall at no time act as an
					 agent for the MSPB. Nothing contained herein shall be deemed or construed by
					 the MSPB, Contractor, or any third party as creating the relationship of
					 principal and agent, master and servant, partners, joint venturers, employer
					 and employee, or any similar such relationship between the MSPB and Contractor.
					 Neither the method of computation of fees or other charges, nor any other
					 provision contained herein, nor any acts of the MSPB or Contractor hereunder
					 creates, or shall be deemed to create a relationship other than the independent
					 relationship of the MSPB and Contractor. Contractor's personnel shall not be
					 deemed in any way, directly or indirectly, expressly or by implication, to be
					 employees of the State. Neither Contractor nor its employees shall, under any
					 circumstances, be considered servants, agents, or employees of the MSPB; and
					 the MSPB shall be at no time legally responsible for any negligence or other
					 wrongdoing by Contractor, its servants, agents, or employees. The MSPB shall
					 not withhold from the contract payments to Contractor any federal or state
					 unemployment taxes, federal or state income taxes, Social Security tax, or any
					 other amounts for benefits to Contractor. Further, the MSPB shall not provide
					 to Contractor any insurance coverage or other benefits, including Workers'
					 Compensation, normally provided by the State for its employees.
19.19 No Limitation of Liability
Nothing in this agreement shall be interpreted as
					 excluding or limiting any tort liability of Contractor for harm caused by the
					 intentional or reckless conduct of Contractor or for damages incurred through
					 the negligent performance of duties by Contractor or the delivery of products
					 that are defective due to negligent construction.
19.20 Notices
All notices required or permitted to be given under this
					 agreement must be in writing and personally delivered or sent by certified
					 United States mail, postage prepaid, return receipt requested, to the party to
					 whom the notice should be given at the address set forth below. Notice shall be
					 deemed given when actually received or when refused. The parties agree to
					 promptly notify each other in writing of any change of address.
For Contractor:
name, title, contractor,
					 address
For the Agency:
name, title, agency,
					 address
19.21 Oral Statements
No oral statement of any person shall modify or otherwise
					 affect the terms, conditions, or specifications stated in this contract. All
					 modifications to the contract must be made in writing by the MSPB and agreed to
					 by Contractor.
19.22 Ownership of Documents and Work Papers
The MSPB shall own all documents, files, reports, work
					 papers and working documentation, electronic or otherwise, created in
					 connection with the project which is the subject of this agreement, except for
					 Contractor's internal administrative and quality assurance files and internal
					 project correspondence. Contractor shall deliver such documents and work papers
					 to MSPB upon termination or completion of the agreement. The foregoing
					 notwithstanding, Contractor shall be entitled to retain a set of such work
					 papers for its files. Contractor shall be entitled to use such work papers only
					 after receiving written permission from MSPB and subject to any copyright
					 protections.
19.23 Record Retention and Access to Records
Provided Contractor is given reasonable advance written
					 notice and such inspection is made during normal business hours of Contractor,
					 the MSPB or any duly authorized representatives shall have unimpeded, prompt
					 access to any of Contractor's books, documents, papers, and/or records which
					 are maintained or produced as a result of the project for the purpose of making
					 audits, examinations, excerpts, and transcriptions. All records related to this
					 agreement shall be retained by Contractor for three (3) years after final
					 payment is made under this agreement and all pending matters are closed;
					 however, if any audit, litigation or other action arising out of or related in
					 any way to this project is commenced before the end of the three (3) year
					 period, the records shall be retained for one (1) year after all issues arising
					 out of the action are finally resolved or until the end of the three (3) year
					 period, whichever is later.
19.24 Recovery of Money
Whenever, under the contract, any sum of money shall be
					 recoverable from or payable by Contractor to MSPB, the same amount may be
					 deducted from any sum due to Contractor under the contract or under any other
					 contract between Contractor and MSPB. The rights of MSPB are in addition and
					 without prejudice to any other right MSPB may have to claim the amount of any
					 loss or damage suffered by MSPB on account of the acts or omissions of
					 Contractor.
19.25 Right to Inspect Facility
The State, may at reasonable times, inspect the place of
					 business of a Contractor or any subcontractors which is related to the
					 performance of any contract awarded by the State.
19.26 State Property
Contractor will be responsible for the proper custody and
					 care of any state-owned property furnished for Contractor's use in connection
					 with the performance of this agreement. Contractor will reimburse the State for
					 any loss or damage, normal wear and tear excepted.
19.27 Termination for Convenience
(1)
Termination
. The Procurement Officer
					 of the MSPB may, when the interests of the State so require, terminate this
					 contract in whole or in part, for the convenience of the State. The Procurement
					 Officer shall give written notice of the termination to Contractor specifying
					 the part of the contract terminated and when termination becomes effective.
(2)
Contractor's Obligations
. 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 also terminate outstanding orders and
					 subcontracts as they relate to the terminated work. Contractor shall settle the
					 liabilities and claims arising out of the termination of subcontracts and
					 orders connected with the terminated work. The Procurement Officer may direct
					 Contractor to assign Contractor's right, title, and interest under terminated
					 orders or subcontracts to the MSPB. Contractor must still complete the work not
					 terminated by the notice of termination and may incur obligations as are
					 necessary to do so.
19.28 Termination for Default
(1)
Default.
If Contractor refuses or
					 fails to perform any of the provisions of this contract with such diligence as
					 will ensure its completion within the time specified in this contract, or any
					 extension thereof, or otherwise fails to timely satisfy the contract
					 provisions, or commits any other substantial breach of this contract, the
					 Procurement Officer of the MSPB may notify Contractor in writing of the delay
					 or nonperfor-mance and if not cured in ten (10) days or any longer time
					 specified in writing by the Procurement Officer, such officer may terminate
					 Contractor's right to proceed with the contract or such part of the contract as
					 to which there has been delay or a failure to properly perform. In the event of
					 termination in whole or in part, the Procurement Officer may procure similar
					 supplies or services in a manner and upon terms deemed appropriate by the
					 Procurement Officer. Contractor shall continue performance of the contract to
					 the extent it is not terminated and shall be liable for excess costs incurred
					 in procuring similar goods or services.
(2)
Contractor's Duties
. Notwithstanding
					 termination of the contract and subject to any directions from the Procurement
					 Officer, Contractor shall take timely, reasonable, and necessary action to
					 protect and preserve property in the possession of Contractor in which the
					 State has an interest.
(3)
Compensation
. Payment for completed
					 services delivered and accepted by the MSPB shall be at the contract price. The
					 MSPB may withhold from amounts due Contractor such sums as the Procurement
					 Officer deems to be necessary to protect the State against loss because of
					 outstanding liens or claims of former lien holders and to reimburse the State
					 for the excess costs incurred in procuring similar goods and services.
(4)
Excuse for Nonperformance or Delayed
					 Performance
. Except with respect to defaults of subcontractors,
					 Contractor shall not be in default by reason of any failure in performance of
					 this contract in accordance with its terms (including any failure by Contractor
					 to make progress in the prosecution of the work hereunder which endangers such
					 performance) if Contractor has notified the Procurement Officer within 15 days
					 after the cause of the delay and the failure arises out of causes such as: acts
					 of God; acts of the public enemy; acts of the State and any other governmental
					 entity in its sovereign or contractual capacity; fires; floods; epidemics;
					 quarantine restrictions; strikes or other labor disputes; freight embargoes; or
					 unusually severe weather. If the failure to perform is caused by the failure of
					 a subcontractor to perform or to make progress, and if such failure arises out
					 of causes similar to those set forth above, Contractor shall not be deemed to
					 be in default, unless the services to be furnished by the subcontractor were
					 reasonably obtainable from other sources in sufficient time to permit
					 Contractor to meet the contract requirements. Upon request of Contractor, the
					 Procurement Officer shall ascertain the facts and extent of such failure, and,
					 if such officer determines that any failure to perform was occasioned by any
					 one or more of the excusable causes, and that, but for the excusable cause,
					 Contractor's progress and performance would have met the terms of the contract,
					 the delivery schedule shall be revised accordingly, subject to the rights of
					 the State under the clause entitled (in fixed-price contracts, "Termination for
					 Convenience," in cost-reimbursement contracts, "Termination"). (As used in this
					 Paragraph of this clause, the term "subcontractor" means subcontractor at any
					 tier).
(5)
Erroneous Termination for Default
.
					 If, after notice of termination of Contractor's right to proceed under the
					 provisions of this clause, it is determined for any reason that the contract
					 was not in default under the provisions of this clause, or that the delay was
					 excusable under the provisions of Paragraph (4) (Excuse for Nonper-formance or
					 Delayed Performance) of this clause, the rights and obligations of the parties
					 shall, if the contract contains a clause providing for termination for
					 convenience of the State, be the same as if the notice of termination had been
					 issued pursuant to such clause.
(6)
Additional Rights and Remedies
. The
					 rights and remedies provided in this clause are in addition to any other rights
					 and remedies provided by law or under this contract.
19.29 Third Party Action Notification
Contractor shall give MSPB prompt notice in writing of any
					 action or suit filed, and prompt notice of any claim made against Contractor by
					 any entity that may result in litigation related in any way to this agreement.
19.30 Unsatisfactory Work
If at any time during the contract term, the service
					 performed or work done by Contractor is considered by MSPB to create a
					 condition that threatens the health, safety, or welfare of the citizens and/or
					 employees of the State of Mississippi, Contractor shall, on being notified by
					 MSPB, immediately correct such deficient service or work. In the event
					 Contractor fails, after notice, to correct the deficient service or work
					 immediately, MSPB shall have the right to order the correction of the
					 deficiency by separate contract or with its own resources at the expense of
					 Contractor.
19.31 Waiver
No delay or omission by either party to this agreement in
					 exercising any right, power, or remedy hereunder or otherwise afforded by
					 contract, at law, or in equity shall constitute an acquiescence therein, impair
					 any other right, power or remedy hereunder or otherwise afforded by any means,
					 or operate as a waiver of such right, power, or remedy. No waiver by either
					 party to this agreement shall be valid unless set forth in writing by the party
					 making said waiver. No waiver of or modification to any term or condition of
					 this agreement will void, waive, or change any other term or condition. No
					 waiver by one party to this agreement of a default by the other party will
					 imply, be construed as or require waiver of future or other defaults.
20.0 EVALUATION PROCEDURE AND FACTORS TO BE
					 CONSIDERED IN THE EVALUATION PROCESS:
20.1 Qualifications of Offeror
The offeror may be required before the award of any
					 contract to show to the complete satisfaction of the MSPB that it has the
					 necessary facilities, ability, and financial resources to provide the service
					 specified therein in a satisfactory manner. The offeror may also be required to
					 give a past history and references in order to satisfy the MSPB in regard to
					 the offeror's qualifications. The MSPB may make reasonable investigations
					 deemed necessary and proper to determine the ability of the offeror to perform
					 the work, and the offeror shall furnish to the MSPB all information for this
					 purpose that may be requested. The MSPB reserves the right to reject any offer
					 if the evidence submitted by, or investigation of, the offeror fails to satisfy
					 the MSPB that the offeror is properly qualified to carry out the obligations of
					 the contract and to complete the work described therein. Evaluation of the
					 offeror'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 offeror 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 offeror; and,
(4) the quality of performance of previous contracts or
					 services.
20.2 Step One:
Proposals will be reviewed to
					 assure compliance with the minimum specifications. Proposals that do not comply
					 with the minimum specifications will be rejected immediately, receiving no
					 further consideration.
20.3 Step Two:
Proposals that satisfactorily
					 complete Step One will be reviewed/analyzed to determine if the proposal
					 adequately meets the needs of MSPB. Factors to be considered are as follows:
(1) The overall quality of the proposed plan for
					 performing the required services (the plan should reflect an understanding of
					 the project and its objectives). Consideration will be given to the
					 completeness of the response to the specific requirements of the solicitation.
(Critical)
(2) Proposer's ability to provide the required services as
					 reflected/evidenced by qualifications (education, experience, etc.). This
					 includes the ability of the proposer to provide a work product that is legally
					 defensible.
(Very Important)
(3) The personnel, equipment, facilities, and financial
					 resources to perform the services currently available or demonstrated to be
					 made available at the time of contracting.
(Important)
(4) A record of past performance of similar work.
(Critical)
(5) Price.
(Important)
20.4 Step Three:
The MSPB Executive Director
					 or her designee will contact the offeror/proposer with the proposal which best
					 meets MSPB's needs (based on factors evaluated in Step Two) and attempt to
					 negotiate an agreement that is deemed acceptable to both parties.
21.0 ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS
					 REQUEST SHALL BE IN WRITING.
22.0 COST DATA SUBMITTED AT THIS STAGE IS SUBJECT TO
					 NEGOTIATION BUT SHOULD INCLUDE AN ESTIMATE OF THE ANNUAL COST OF THE
					 SERVICE.
23.0 THE FOLLOWING RESPONSE FORMAT SHALL BE USED FOR
					 ALL SUBMITTED PROPOSALS:
I.
Management Summary:
Provide a cover letter
					 indicating the underlying philosophy of the firm in providing the service.
II.
Proposal:
Describe in detail how the
					 service will be provided. Include a description of major tasks and subtasks.
III.
Corporate experience and capacity:
Describe the experience of the firm in providing the service, give number of
					 years that the service has been delivered, and provide a statement on the
					 extent of any corporate expansion required to handle the service.
IV.
Personnel:
Attach resumes' of all those
					 who will be involved in the delivery of service (from principals to field
					 technicians) that include their experience in this area of service delivery.
					 Indicate the level of involvement by principals of the firm in the day-to-day
					 operation of the contract.
V.
References:
Give at least three (3)
					 references for contracts of similar size and scope, including at least two (2)
					 references for current contracts or those awarded during the past three years.
					 Include the name of the organization, the length of the contract, a brief
					 summary of the work, and the name and telephone number of a responsible contact
					 person.
VI.
Acceptance of conditions:
Indicate any
					 exceptions to the general terms and conditions of the bid document and to
					 insurance, bonding, and any other requirements listed.
VII.
Additional data:
Provide any additional
					 information that will aid in evaluation of the response.
VIII.
Cost data:
Estimate the annual cost of
					 the service. Cost data submitted at this stage is not binding and is subject to
					 negotiation if your firm is chosen as a finalist. Include the number of
					 personnel proposed to be assigned to the contract and the total estimated cost
					 of the labor portion of the contract (include a sample staffing chart).
					 Identify all non-labor costs and their estimated totals.
24.0 POST-AWARD DEBRIEFING:
24.1 General Statement
In an effort to build and strengthen business
					 relationships and improve the procurement process between vendors and the
					 State, post-award vendor debriefing is available. The following information may
					 be disclosed during post-award debriefing in accordance with Section 7-112.03
					 of the
Personal Service Contract Review Board Rules and
					 Regulations:
1) The agency's evaluation of significant weaknesses or
					 deficiencies in the vendor's bid or proposal, if applicable;
2) The overall evaluated cost or price, and technical
					 rating, if applicable, of the successful vendor(s) and the debriefed vendor;
3) The overall ranking of all vendors, when any ranking
					 was developed by the agency during the selection process;
4) A summary of the rationale for award; and,
5) Reasonable responses to relevant questions about
					 selection procedures contained in the solicitation, applicable regulations, and
					 other applicable authorities that were followed.
24.2 Debriefing Request
A vendor, successful or unsuccessful, may request a
					 post-award vendor debriefing, in writing, by U.S. mail or electronic
					 submission, to be received by the MSPB within three (3) business days of
					 notification of the contract award. A vendor debriefing is a meeting and not a
					 hearing; therefore, legal representation is not required. If a vendor prefers
					 to have legal representation present, the vendor must notify the MSPB and
					 identify its attorney.
24.3 When Requested Debriefing Will Be
					 Conducted
Unless good cause exists for delay, the debriefing will
					 occur within five (5) business days after receipt of the vendor request and may
					 be conducted during a face-to-face meeting, by telephonic or video conference,
					 or by any other method acceptable to the MSPB.
24.4 Additional Information Regarding Post-Award
					 Debriefing
Additional information regarding post-award debriefing may
					 be found in Section 7-112 of the
Personal Service Contract Review Board
					 Rules and Regulations
which may be found at
http://www.mspb.ms.gov
.