RFx 3140004581 Underground Storage Tanks

STATE OF MISSISSIPPI
Department of Corrections
BURL CAIN
COMMISSIONER
REQUEST FOR QUOTES
UNDERGROUND STORAGE TANKS (UST) OPERATOR
AT MISSISSIPPI STATE PENITENTIARY (MSP)
Mississippi Department of Corrections (MDOC) is requesting bids from qualified contractors to
monitoring and inspection services for the underground storage tanks (UST) at the Mississippi
State Penitentiary (MSP). The selected contractor shall provide all labor, expertise, monitoring and
reporting to ensure the compliant, continuous, and safe operations of the UST, in accordance with
requirements established by the Mississippi Department of Environmental Quality (MDEQ).
Services include routine inspections, recordkeeping, and participation in regulatory inspections as
detailed in the Scope of Services.
Interested and qualified vendors with the resources and capability to perform the scope of services
outlined in Section 3 shall submit a completed response utilizing the Quote Form (Attachment C)
no later than 2p.m. on June 10, 2026.
It is recommended that vendors be registered with the State of Mississippi. If not registered, please
go to https://www.dfa.ms.gov/vendors to register your company and receive a supplier number.
Submit quotes to Crystal T. Henry, Ph.D., procurement@mdoc.state.ms.us.
Subject Line: Underground Storage Tanks Operator - MSP, or
Mail quotes to the following address:
Mississippi Department of Corrections
Procurement & Contracts
ATTN: Crystal T. Henry, Ph.D.
301 N. Lamar Street
Jackson, MS 39201
UNDERGROUND STORAGE TANKS OPERATOR - MSP
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Upon evaluation of submitted information, MDOC will enter into an agreement with the selected
vendor. The agreement will include clauses detailed in Attachment A and Attachment B. The
successful bidder must be registered to do business with the State of Mississippi within three (3)
days of receiving notice of award. The successful bidder must also be able to pass MDOC NCIC
background check.
1. SERVICE LOCATION
Mississippi State Penitentiary (MSP)
MS Hwy 49 West
Parchman, MS 38738
2. DURATION OF SERVICES TO BE PROVIDED
MDOC anticipates that the contract term will be effective July 1, 2026 to June 30, 2027
for a period of one (1) year.
3. SCOPE OF SERVICE
3.1 Bidder shall perform operational visits a minimum of once per week. Bidder must
check-in and out with MSP staff.
3.2 Bidder shall have knowledge of underground storage tanks.
3.3 Bidder shall survey tanks and create a file including locations, size, steel or
fiberglass, Latitude and longitude locations.
3.4 Bidder shall stick tanks weekly, record findings on a MDEQ provided
spreadsheet.
3.5 Bidder shall provide a weekly report of the volume of fuel in each tank.
3.6 Bidder shall perform an annual barrel test on each tank according to MDEQ
policies and standards.
3.7 Bidder shall report all findings to MSP Maintenance Supervisor.
3.8 Bidder shall be present at all MDEQ inspections.
3.9 Bidder shall provide emergency call-outs at no additional cost.
3.10 Bidder shall comply with all MDOC rules and regulations.
4. Solicitation Clauses
4.1 ACKNOWLEDGMENT OF AMENDMENTS. Bidder shall acknowledge receipt
of any amendment to the RFQ in writing. The acknowledgment shall be submitted to
MDOC by signing and returning the provided signature form via email to the email
address listed on the form. Each bidder shall submit a written acknowledgment of
every amendment to the MDOC on or before the submission deadline.
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4.2 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION. By
submitting a proposal, the bidder certifies that the prices submitted in response to the
solicitation have been arrived at independently and without any consultation,
communication, or agreement with any other bidder or competitor for the purpose of
restricting competition.
4.3 CONTRACT RIGHTS. Contract rights do not vest in any party until a contract is
legally executed. The MDOC is under no obligation to award a contract following
issuance of this solicitation.
4.4 EXPENSES INCURRED IN THE PROCUREMENT PROCESS. All parties
participating in the procurement process with regard to this solicitation shall bear their
own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review
Board Office of Personal Service Contract Review Rules and Regulations.
4.5 MINOR INFORMALITIES AND IRREGULARITIES. The MDOC has the right
to waive minor defects or variations of a proposal from the exact requirements of the
specifications that do not affect the price, quality, quantity, delivery, or performance of
the services being procured and if doing so does not create an unfair advantage for any
bidder. If insufficient information is submitted by a bidder for the MDOC to properly
evaluate the offer, the MDOC has the right to require such additional information as it
may deem necessary after the submission deadline, provided that the information
requested does not change the price, quality, quantity, delivery, or performance time of
the services being procured and such a request does not create an unfair advantage for
any bidder. (Information requested may include, for example, a copy of business or
professional licenses, or a work schedule.)
4.6 OFFEROR'S REPRESENTATION REGARDING CONTINGENT FEES. By
responding to the solicitation, the offeror represents that it has not retained any person
or agency on a percentage, commission, or other contingent arrangement to secure this
contract. If the offeror cannot make such a representation, a full and complete
explanation shall be submitted in writing with the offeror's response.
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ATTACHMENT A:
REQUIRED CLAUSES FOR SERVICE CONTRACTS
RESULTING FROM THIS REQUEST FOR QUOTES
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 Mississippi.
2. 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 if this
contract is not approved by the PPRB and/or OPSCR, it is void and no payment shall be
made hereunder.
3. 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 of 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 expenses to the MDOC of any kind whatsoever. The effective
date of termination shall be as specified in the notice of termination.
4. COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY.
Contractor understands that the MDOC 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.
5. 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.
6. 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
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information. The MDOC shall not be liable to the Contractor for disclosure of information
required by court order or required by law.
7. 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.
8. 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" laws which generally provides for payment of undisputed amounts by the
Agency within 45 calendar days of receipt of invoice. Mississippi Code Annotated 31-7-
301 et seq.
9. 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 State Government.
Contractor further represents and warrants that any person assigned to perform services hereafter
meets 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.
10. PAYMODE. Payments by MDOC using the State's accounting system shall be made and
remittance information provided electronically as directed by the state and deposited into
the bank account of Contractor's choice. The MDOC may, at its sole discretion, require
Contractor to electronically submit invoices and supporting documentation at any time
during the term of this Agreement. Contractor understands and agrees that the Agency is
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exempt from the payment of Mississippi taxes. All payments shall be in United States
currency.
11. PROCUREMENT REGULATIONS. This contract shall be governed by the applicable
provisions of the Public Procurement Review Board Office of Personal Service Contract
Review Rules and Regulations, a copy of which is available on the Mississippi Department
of Finance and Administration's website (www.dfa.ms.gov). Any bidder responding to a
solicitation for personal and professional services and any contractor doing business with
a state Agency is deemed to be on notice of all requirements therein.
12. PROPERTY RIGHTS. Property rights do not inure to Contractor until such time as
services have been provided under a legally executed contract. Contractor has no legitimate
claim of entitlement to the provision of work hereunder and acknowledges that the MDOC
may terminate this contract at any time for its own convenience.
13. REPRESENTATION REGARDING GRATUITIES. Contractor represents that it has
not, is not, and will not offer, give, or agree to give any employee or former employee of
MDOC a gratuity or offer of employment in connection with any approval, disapproval,
recommendation, development, or any other action or decision related to the solicitation
and resulting contract. Contractor further represents that no employee or former employee
of MDOC has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or
offer of employment for the reasons previously stated; any such action by an employee or
former employee in the future, if any, will be rejected by contractor. Contractor further
represents that it is in compliance with the Mississippi Ethics in Government laws, codified
at Mississippi Code Annotated 25-4-101 and 25-4-121, and has not solicited any
employee or former employee to act in violation of said law.
14. REQUIRED PUBLIC RECORDS AND TRANSPARENCY. Upon execution of a
contract, the provisions of the contract which contain the personal or professional services
provided, the unit prices, the overall price to be paid, and the term of the contract shall not
be deemed to be a trade secret or confidential commercial or financial information pursuant
to Mississippi Code Annotated 25-61-9(7). The contract shall be posted publicly on
www.transparency.ms.gov and shall be available for at the Agency for examination,
inspection, or reproduction by the public. The contractor acknowledges and agrees that the
MDOC and this contract are subject to the Mississippi Public Records Act of 1983 codified
at Mississippi Code Annotated 25-61-1, et seq. and its exceptions, Mississippi Code
Annotated 79-23-1, and the Mississippi Accountability and Transparency Act of 2008,
codified at Mississippi Code Annotated 27-104-151, et seq.
15. STOP WORK ORDER. The MDOC may, by written order to Contractor at any time,
require Contractor to stop all or any part of the work called for by this contract. This order
shall be for a period of time specified by the MDOC. Upon receipt of such an order,
Contractor shall forthwith comply with its terms and take all reasonable steps to minimize
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any further cost to the MDOC. Upon expiration of the stop work order, Contractor shall
resume providing the services which were subject to the stop work order, unless the MDOC
has terminated that part of the agreement or terminated the agreement in its entirety. The
MDOC is not liable for payment for services which were not rendered due to the stop order.
16. TERMINATION. Termination for Convenience. The MDOC may, when the interests of
the Agency so require, terminate this contract in whole or in part, for the convenience of
the Agency. The MDOC shall give written notice of the termination to Contactor
specifying the part of the contract terminated and when termination becomes effective.
Contractor shall incur no further obligations in connection with terminated work and on
the date set in the notice of termination Contractor will stop work to the extent specified.
Contractor shall complete the work not terminated by the notice of termination and may
incur obligations as are necessary to do so.
Termination for Default. If the MDOC gives the Contractor a notice that the personal or
professional services are being provided in a manner that is deficient, the Contractor shall
have 30 days to cure the deficiency. If the Contractor fails to cure the deficiency, the
MDOC may terminate the contract for default and the Contractor will be liable for the
additional cost to the MDOC to procure the personal and professional services from another
source. Termination under this paragraph could result in Contractor being excluded from
future contract awards pursuant to Chapter 15 of the Public Procurement Review Board
Office of Personal Service Contract Review Rules and Regulations. Any termination
wrongly labelled termination for default shall be deemed a termination for convenience.
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ATTACHMENT B:
OPTIONAL CLAUSES FOR SERVICE CONTRACTS
RESULTING FROM THIS REQUEST FOR QUOTES
1. 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.
2. 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.
3. 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 must 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.
4. 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.
5. 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.
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6. 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.
7. 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.
8. 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
contracts or any part thereof or the right of the MDOC to enforce any provision at any time
in accordance with its terms.
9. 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.
10. 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.
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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.
11. 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 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 no 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 Worker's Compensation, normally
provided by the MDOC for its employees.
12. LIQUIDATED DAMAGES. When Contractor is given notice that the personal or
professional services are being provided in a manner that is deficient as specified in the
Termination - Termination for Default clause of this agreement and fails to cure in the time
specified, Contractor shall be liable for damages for delay in the amount of Fifty Dollars
($50.00) per calendar day from date set for cure until either the State reasonably obtains
similar services if Contractor is terminated for default, or until Contractor provides the
services if Contractor is not terminated for default.
13. 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
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