Gas Cylinder rentals for MSP.

STATE OF MISSISSIPPI
Department of Corrections
BURL CAIN
COMMISSIONER
REQUEST FOR QUOTES
RFx NO. 3140004621
GAS CYLINDER RENTAL
AT MISSISSIPPI STATE PENITENTIARY
The Mississippi Department of Corrections (MDOC) is soliciting quotations from
qualified vendors to provide gas cylinder rental services for the Mississippi State
Penitentiary (MSP), located at Highway 49, Parchman, MS 38738. The resulting
contract will be for one (1) year beginning on or about July 15, 2026. Services shall
be provided in accordance with the requirements and specifications contained in
Attachment A - Gas Cylinder Rental Quote Form.
Interested and qualified vendors with the capability and resources to provide the
requested services are invited to submit a quotation. To be considered, vendors
must complete and return Attachment A no later than July 10, 2026, at 3 PM CST.
Select Bidders are required to be registered with both the State of Mississippi at
https://www.dfa.ms.gov/vendors to receive a supplier number and the Mississippi
Secretary of State at Business Services & External Affairs | MS SOS.
Questions regarding this solicitation should be directed to Victoria James,
procurement@mdoc.state.ms.us.
Subject Line: Gas Cylinder Rental Quote, or
Mail quotes to the following address:
Mississippi Department of Corrections
ATTN: Victoria James - Gas Cylinder Rental Quote
301 N. Lamar Street
Jackson, MS 39201
MDOC anticipates awarding a single contract to the responsive and responsible
Bidder whose pricing, as submitted in Attachment B, results in the lowest total
Page 1 of 14

evaluated quote. The contractual agreement shall also include rental clauses
detailed in Attachment B - Required Clauses.
A Bidder may withdraw its quote at any time before the submission deadline by
providing written notice to MDOC.
MDOC reserves the right to cancel, amend, suspend, or reissue this solicitation at
any time before contract award; reject any or all quotes received; waive minor
informalities or irregularities; and request clarification of information submitted by
Bidders when deemed necessary.
The issuance of this solicitation does not obligate MDOC to award a contract or
reimburse any costs incurred by a Bidder in preparing or submitting a quote.
MDOC reserves the right to make an award in the best interest of the Agency in
accordance with the terms of this solicitation.
Page 2 of 14

REQUEST FOR QUOTES
RFx NO. 3140004621
GAS CYLINDER RENTAL
AT MISSISSIPPI STATE PENITENTIARY
GAS CYLINDER RENTAL
ATTACHMENT A - RENTAL QUOTE FORM
MSP - Central Warehouse Supplies
Description Qty UOM Price Per Item
Forklift Propane 30 CYL
Cylinder Rent 6 EA
Delivery Fee 1 EA
Environmental Compliance Fee 1 EA
Fuel Surcharge 1 EA
MSP - Maintenance Shop
Description Qty UOM Price Per Item
Forklift Propane 24 CYL
Oxygen, HP OX-2 16 CYL
Oxygen, HP OX-20 2 CYL
Acetylene Small Per Cylinder Cap Style 16 CYL
Acetylene WS Small (Linde Style) Flat Top Style (Per Cylinder) 8 CYL
Acetylene MC 8 CYL
Argon/CO2 75/25 12 CYL
Nitrogen 8 CYL
Cylinder Rent HP 62 CYL
Cylinder Rent LP 31 CYL
Delivery Fee 1 EA
Environmental Compliance Fee 1 EA
Fuel Surcharge 1 EA
Argon Demand Charge LG 1 EA
Argon Demand Charge SM 1 EA
Page 3 of 14

MSP - Food Service Supplies
Description Qty UOM Price Per Item
Forklift Propane 28
Cylinder Rent 12
Delivery Fee 1
Environmental Compliance Fee 1
Fuel Surcharge 1
MSP - Welding Shop Supplies (Front School)
Description Qty UOM Price Per Item
Oxygen 12 CYL
Argon/CO2 75/25 23 CYL
Acetylene Small Per Cylinder Cap Style 30 CYL
Acetylene WS Small (Linde Style) Flat Top Style (Per Cylinder) 20 CYL
Argon #3 16 CYL
Acetylene MC 20 CYL
Oxygen 20 Cubic 20 CYL
Nitrogen 40 Cubic 40 CYL
Forklift Propane 20 CYL
Cylinder Rent 110 EA
Cylinder Rent LP 54 EA
Delivery Fee 1 EA
Environmental Compliance Fee 1 EA
Fuel Surcharge 1 EA
Argon Demand Charge LG 1 EA
Argon Demand Charge SM 1 EA
Page 4 of 14

Additional Charges and Fees
Description Qty UOM Price Per Item
Page 5 of 14

REQUEST FOR QUOTES
RFx NO. 3140004621
GAS CYLINDER RENTAL
AT MISSISSIPPI STATE PENITENTIARY
GAS CYLINDER RENTAL
ATTACHMENT B - REQUIRED CLAUSES
APPLICABLE LAW. The contract shall be governed by and construed in accordance with the
laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with
respect thereto shall be brought in the courts of Mississippi.
APPROVAL. It is understood that if this contract requires approval by the Public Procurement
Review Board ("PPRB") and/or the Department of Finance and Administration Office of Personal
Service Contract Review ("OPSCR"), and this contract is not approved by PPRB and/or OPSCR,
it is void and no payment shall be made hereunder.
ATTORNEYS' FEES AND EXPENSES. In the event Contractor defaults on any obligations
under this Agreement, Contractor shall pay to MDOC all costs and expenses, without limitation,
incurred by MDOC in enforcing this Agreement or reasonably related to enforcing this Agreement.
This includes but is not limited to investigative fees, court costs, and attorneys' fees. Under no
circumstances shall MDOC be obligated to pay attorneys' fees or legal costs to Contractor.
AUTHORITY TO CONTRACT. Contractor warrants: (1) that it is a validly organized business
with valid authority to enter into this agreement; (2) that it is qualified to do business and in good
standing in the State of Mississippi; (3) 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, (4) 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.
AVAILABILITY OF FUNDS. It is expressly understood and agreed that the obligation of
MDOC 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, MDOC shall have the right upon 10 business days written
notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the
MDOC 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 MDOC is an equal opportunity employer and therefore, maintains a policy
Page 6 of 14

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. 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.
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.
CONFIDENTIALITY. MDOC is a public agency of the State of Mississippi and is subject to the
Mississippi Public Records Act of 1983. Mississippi Code Annotated 25-61-1, et seq. If a public
records request is made for any information provided to MDOC by Contractor, MDOC shall follow
the provisions of Mississippi Code Annotated 25-61-9 and 79-23-1 before disclosing such
information - unless Contractor has previously indicated the information is not a trade secret or
confidential commercial and financial information. The MDOC shall not be liable to the
Contractor for disclosure of information required by court order or required by law.
CONTRACT ASSIGNMENT AND SUBCONTRACTING. Contractor acknowledges that it
was selected by MDOC 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 MDOC, which
may, in its sole discretion, approve or deny without reason. Any attempted assignment or transfer
of Contractor's obligations hereunder without consent of the MDOC shall be null and void.
Approval of a subcontract by the MDOC shall not be deemed to be approval of the incurrence of
any additional obligation of the MDOC. Subcontracts shall be subject to the terms and conditions
of this agreement and to any conditions of approval that MDOC may deem necessary. Subject to
the foregoing, this agreement shall be binding upon the respective successors and assigns of the
parties.
CONTRACTOR PERSONNEL. The MDOC 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 MDOC reasonably rejects staff or subcontractors, Contractor shall provide
replacement staff or subcontractors satisfactory to the MDOC in a timely manner and at no
additional cost to the MDOC. The day-to-day supervision and control of Contractor's employees
and subcontractors is the sole responsibility of Contractor.
CONTRACTOR'S REPRESENTATION REGARDING CONTINGENT FEES. By
executing the contract, the Contractor represents that it has not retained any person or agency on a
percentage, commission, or other contingent arrangement to secure this contract. If the contractor
cannot make such a representation, a full and complete explanation shall be submitted in writing
to the MDOC prior to contract execution.
Page 7 of 14

DISCLOSURE OF CONFIDENTIAL INFORMATION REQUIRED BY LAW. In the event
that either party to this Agreement receives notice that a third-party has served upon it a subpoena
or other validly issued administrative or judicial process ordering divulgence of the other party's
data or other information, the party subject to the subpoena or other legal process shall promptly
inform the other party at the earliest reasonable opportunity, unless prohibited by law from doing
so. Thereafter, the party subject to the legal process shall respond to the extent mandated by law.
This section shall survive the termination or completion of this agreement. The parties agree that
this section is subject to and superseded by Mississippi Code Annotated 25-61-1, et seq.
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.
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
MDOC subject to approval by any agencies of the United States Government. Contractor further
represents and warrants that any person assigned to perform services hereafter meets the
employment eligibility requirements of all immigration laws.
The breach of this clause may subject Contractor to the following: (1) termination of this contract
and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal
Service Contract Review Rules and Regulations; (2) the loss of any license, permit, certification
or other document granted to Contractor by an agency, department, or governmental entity for the
right to do business in Mississippi; or (3) both. In the event of such termination, Contractor would
also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss
of license or permit to do business in the state.
ENTIRE AGREEMENT. This agreement, including all contract documents, represents the entire
and integrated agreement between the parties hereto and supersedes all prior negotiations,
representations or agreements, irrespective of whether written or oral. This agreement may be
altered, amended, or modified only by a written document executed by the MDOC and Contractor.
Contractor acknowledges that it has thoroughly read all contract documents and has had the
opportunity to receive competent advice and counsel necessary for it to form a full and complete
understanding of all rights and obligations herein. Accordingly, this agreement shall not be
construed or interpreted in favor of or against the MDOC or Contractor on the basis of
draftsmanship or preparation hereof.
Page 8 of 14

FAILURE TO DELIVER. In the event of failure of Contractor to deliver services in accordance
with the contract terms and conditions, the MDOC, 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
MDOC may have.
FAILURE TO ENFORCE DOES NOT CONSTITUTE WAIVER. Failure by the MDOC 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 MDOC to enforce any provision at any time in accordance with its terms.
FORCE MAJEURE. Each party shall be temporarily 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 Agency in writing at its earliest reasonable opportunity of the cause of
its inability to perform, how it affects its performance, and the anticipated duration of the inability
to perform. All parties shall make reasonable efforts to minimize the impact of the force majeure
event on contract performance. The MDOC may exercise any rights it has under the contract which
are available when neither party is in default.
INDEMNIFICATION. To the fullest extent allowed by law, Contractor shall indemnify, defend,
save and hold harmless, protect, and exonerate the MDOC its commissioners, board members,
officers, employees, agents, and representatives, and the State of Mississippi from and against all
claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature
whatsoever including, without limitation, court costs, investigative fees and expenses, and
attorneys' fees, arising out of or caused by Contractor and/or its partners, principals, agents,
employees and/or subcontractors in the performance of or failure to perform this agreement.
In the MDOC's sole discretion, upon approval of the Office of the Mississippi Attorney General
and the MDOC, 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 Office of the Mississippi Attorney General and the MDOC. Contractor shall be solely
responsible for all costs and/or expenses associated with such defense, and the MDOC shall be
entitled to participate in said defense. Contractor shall not settle any claim, suit, etc. without the
concurrence of the Office of the Mississippi Attorney General and the MDOC, which shall not be
unreasonably withheld.
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
MDOC. Nothing contained herein shall be deemed or construed by the MDOC, Contractor, or any
third party as creating the relationship of principal and agent, master and servant, partners, joint
Page 9 of 14

ventures, employer and employee, or any similar such relationship between the MDOC and
Contractor. Neither the method of computation of fees or other charges, nor any other provision
contained herein, nor any acts of the MDOC or Contractor hereunder creates or shall be deemed
to create a relationship other than the independent relationship of the MDOC and Contractor.
Contractor's personnel shall not be deemed in any way, directly or indirectly, expressly or by
implication, to be employees of the MDOC. Neither Contractor nor its employees shall, under any
circumstances, be considered servants, agents, or employees of the MDOC, and the MDOC shall
be at no time legally responsible for any negligence or other wrongdoing by Contractor, its
servants, agents, or employees.
The MDOC 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 MDOC shall not provide to Contractor any insurance coverage
or other benefits, including Workers' Compensation, normally provided by the MDOC for its
employees.
MODIFICATION OR NEGOTIATION REQUIRED BY CHANGE IN LAW. The parties
agree to renegotiate the agreement in good faith if federal and/or state revisions to any applicable
laws or regulations make changes in this agreement necessary. This agreement may be modified
only by written agreement signed by the parties hereto and approval by the Public Procurement
Review Board, if required.
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.
NOTICES. All notices required or permitted to be given under this agreement shall 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.
MISSISSIPPI DEPARTMENT CONTRACTOR:
OF CORRECTIONS:
Name & Title Name & Title
Department of Corrections Contact Information
301 N. Lamar Street
Jackson, Mississippi 39201
Page 10 of 14