Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 8 - RULEMAKING AND DECLARATORY OPINIONS › APPENDICES › Appendix 27-100-8-G - Clauses Available for Use in Solicitations for Bids or Proposals

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 for bid" to "request for proposal," and so forth. 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 bid. 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-BIDCONFERENCE (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-BIDCONFERENCE (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.