Spraying to kill and defeat cogongrass

Section 1. Introduction
1.1 Agency Background
The Mississippi Forestry Commission (MFC) is a state government agency established in 1926
to lead forest protection, management, and sustainability efforts across Mississippi's roughly 19.2
million acres of forestland. It focuses on wildfire prevention and suppression, technical forest
management assistance for landowners, forest health monitoring, and providing forestry
information and outreach to the public. Over its nearly 100-year history, the MFC has evolved to
support both environmental stewardship and the economic importance of forestry in rural
communities while safeguarding lives and property. Today it remains central to maintaining
healthy, productive forests and promoting sustainable use of the state's forest resources.
1.2 Purpose of Solicitation
The Mississippi Forestry Commission (MFC) is soliciting sealed bids from qualified contractors
to perform herbicide application services for the control and suppression of cogongrass (Imperata
cylindrica) at various locations throughout the State of Mississippi. The purpose of this IFB is to
establish one or more contracts to ensure timely, compliant, and effective treatment of cogongrass
infestations on state, federal, and private lands under MFC management.
This IFB is issued in accordance with Mississippi procurement laws and regulations. All bidders
must carefully review the requirements and submit complete responses.
1.3 Contacting Mississippi Forestry Commission During the Procurement Process
Unless specifically instructed by MFC otherwise in writing, from the date this IFB is issued until
the date a contract resulting from this IFB is executed, any bidder or potential bidder seeking
to communicate with MFC about this IFB shall do so in writing by contacting:
Rebekah Olander, Bid Coordinator
rolander@mfc.ms.gov
Bidders or potential bidders shall not attempt to contact MFC or its staff regarding this IFB
other than the contact person set forth herein. Unauthorized contact with MFC may result in
a bidder or potential bidder being disqualified from consideration for contract award. Any bidder
who violates this requirement may be subject to exclusion pursuant to Chapter 15 of the Public
Procurement Review Board (PPRB) Office of Personal Service Contract Review (OPSCR) Rules
and Regulations.
1.4 General Requirements for Participation in the Procurement Process
* Good Faith and Ethics: All parties participating in the procurement process described in
this IFB are, at all times, required to act in good faith and are subject to the Ethics in
Government laws, codified at Mississippi Code Annotated 25-4-101 through 25-4-121.
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* Procurement Regulations: This IFB shall be governed by the applicable provisions of the
PPRB OPSCR Rules and Regulations, a copy of which is available on the Mississippi
Department of Finance and Administration's (DFA) 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.
* Anti-Competitive Practices Prohibited: Potential bidders are prohibited from engaging
in any practice which reduces or eliminates competition or restrains trade. Potential bidders
are specifically prohibited by federal and Mississippi law from collectively responding to
a solicitation in a manner that controls directly or indirectly the price of the personal or
professional service sought. Mississippi Code Annotated 75-21-15. By submitting a bid,
a bidder certifies that the price submitted was independently arrived at without collusion.
* Conditional Bids Prohibited: Any bid conditioned upon receiving award of the contract
resulting from this IFB and another contract in Mississippi is not eligible for award.
* Contract Rights: Contract rights do not vest in any party until a contract is legally
executed. MFC is under no obligation to award a contract following issuance of this
solicitation.
* Property Rights: Property rights do not inure to any bidder until such time as services
have been provided under a legally executed contract. No party responding to this IFB has
a legitimate claim of entitlement to be awarded a contract or to the provision of work
thereunder. MFC is under no obligation to award a contract and may terminate a legally
executed contract at any time.
* 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 PPRB OPSCR Rules and Regulations.
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Section 2. Scope of Work
2.1 Overview
Contractors shall provide all labor, equipment, materials, herbicides, transportation, and
supervision necessary to conduct cogongrass treatment operations. Work shall comply with
Mississippi pesticide laws, MFC program requirements, and best management practices for
invasive species control. See also Appendix A for the Draft Agreement Sample Contract attached
hereto.
2.2 Treatment Requirements
a) Application of approved herbicides (e.g., imazapyr, glyphosate mixtures) in
accordance with MFC treatment specifications.
b) Treatments may occur on rights-of-way, forested lands, agricultural margins, and other
infested areas.
c) Contractors must follow all EPA and MDAC Bureau of Plant Industry regulations.
d) Application must achieve uniform coverage and target-only treatment with minimal
impact to desirable vegetation.
e) Contractor will use 2-man crews while conducting treatments.
f) All cogongrass treatment areas should be sprayed at least six (6) feet past the visible
cogongrass edge.
g) Treated areas must be recorded with required data using the agency provided software.
2.3 Site Conditions
a) Terrain may include slopes, ditches, forest stands, open fields, and mixed-use areas.
b) Contractors must be capable of reaching remote or difficult-access sites.
2.4 Expected Workload
a) MFC anticipates statewide treatment needs ranging from small patches(<0.1 acre) to
large infestations (5+ acres).
b) Work assignments will be issued as Task Orders.
c) Task Orders will be bundled geographically as locations allow but are dependent on
applications received.
i. Task Orders
MFC will issue written, electronic task orders detailing site locations, acreage
estimates, treatment deadlines, and special instructions.
MFC will provide the grant number for each task order according to site
locations.
ii. Documentation
Contractors must provide the following data using the agency provided
software:
* Daily treatment reports - Maps or GPS coordinates of treated area.
2.5 Herbicide Application Standards
a) Use only herbicides approved by MFC and labeled for cogongrass control.
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i. Imazapyr and glyphosate products are approved. Any other chemicals should
be verified with and checked by the MFC before use.
b) Follow label rates, environmental restrictions, and buffer requirements.
c) Adhere to weather-based application conditions, including:
i. No application during high wind (>10 mph)
ii. No spraying during rainfall or when rainfall is expected within label-defined
windows
2.6 Performance Standards
a) Quality Control
i. Treatments must achieve effective suppression of cogongrass, >80% control on
each location.
ii. MFC may conduct inspections and require retreatment at no additional cost if
work is deemed insufficient
b) Safety Compliance
i. Contractors must comply with OSHA standards.
ii. Proper PPE must be worn at all times during herbicide application.
c) Non-Performance
i. Failure to meet contract requirements may result in termination.
2.7 Invoicing and Payment
a) Invoices must include: - Landowner Name- Actual Hours on site per Landowner - Dates
of service
b) Invoice totals will be determined by applying the bid rate to the actual on-site hours
incurred per landowner.
c) Each invoice shall include/reference the grant name (RESTORE or BIL). Each grant shall
be billed separately.
d) Payments will be made within thirty (30) days upon MFC invoice approval.
e) Invoices need to be emailed to Josh Skidmore (jskidmore@mfc.ms.gov) and cc Garron
Hicks (ghicks@mfc.ms.gov).
2.8 Modification in Accordance with a Change in Law
MFC may require modifications to the scope of work described herein if any applicable law or
regulation is amended during the life of the contract resulting from this IFB. Any pricing for such
an amendment must reflect the competitive pricing submitted in the bidder's bid. For additional
information, see Section 14.8.2.1 of the PPRB OPSCR Rules and Regulations
2.9 Grant Information and Locations Allocated to Grant
The work will be performed under 2 grants: RESTORE and BIL.
a) RESTORE grant covers the 6 coastal counties of Mississippi.
* George * Jackson
* Hancock * Pearl River
* Harrison * Stone
b) BIL grant covers the entire state of Mississippi with the exception of the RESTORE
counties listed above.
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Section 3. Contract Requirements
3.1 Type of Contract
MFC is seeking to contract with four (4) vendors using a fixed price contract. Subject to the
provisions of 3.4 price adjustment to account for inflation.
* Duration: The anticipated term of the contract will be one (1) year with up to three (3)
optional renewals upon mutual agreements.
3.1.1 Task Orders
* MFC will issue written, electronic task orders detailing site locations, acreage
estimates, treatment deadlines, and special instructions.
* MFC issues these task orders each year and as needed throughout the treatment
season.
3.2 Contract Terms
The contract which the successful bidder will be expected to execute is enclosed herewith as
Appendix A, including all terms and conditions. This IFB and all amendments issued hereto, if
any, and the successful bidder's bid shall also be incorporated into the contract.
3.3 Insurance and other Security Requirements
Insurance required:
a. Contractor shall maintain insurance which, at a minimum, shall include the following
types of insurance and coverage limits:
* Workers' Compensation as required by the State of Mississippi; and,
* Comprehensive General Liability or Professional General Liability with minimal
limits of $1,000,000.00 per occurrence; and,
b. All insurance policies will list the State of Mississippi as an additional insured and upon
request, the Contractor will provide copies of any insurance documentation to the Agency.
c. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Mississippi, meaning insurance carriers must be licensed or hold a
Certificate of Authority from the Mississippi Department of Insurance.
d. The Agency requires the contractor(s) to provide certificates of insurance regarding the
required coverage.
3.4 Price Adjustment
Price Adjustment to Account for Inflation
A price adjustment may be allowed which does not exceed the lesser of either 25% or the annual
increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United
States Bureau of Labor Statistics. Any such price adjustment will be effective only once per 12-
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month period, on the anniversary of the contract start date. If the CPI-U is a negative number, no
adjustment in price shall be allowed. A negative CPI-U shall be counted against any subsequent
increases in the CPI-U when calculating any price adjustment relative to later contract years. The
Contractor shall provide any support for the request for a price adjustment required by the
Mississippi Forestry Commission. The Mississippi Forestry Commission has the sole discretion to
determine whether a price adjustment will be allowed. No price adjustment will be allowed other
than as described in this paragraph. Any approval of a price adjustment shall be contained in a
duly executed written amendment to this Contract.
3.5 Compliance with Contract Requirements
The agency will conduct audits after spraying and make sure the spraying meets the scope of work
listed in section 2 above.
3.6 Contract Terms Required by the PPRB OPSCR Rules and Regulations
By submitting a bid in response to this IFB, the bidder agrees to the following terms:
* 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 the contract requires approval by PPRB and/or OPSCR,
and is not approved by PPRB and/or OPSCR, it is void and no payment shall be made
thereunder.
* Availability of Funds: It is expressly understood and agreed that the obligation of MFC
to proceed under the contract 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 contract are, at any time, not forthcoming or
insufficient, regardless of the source of funding, MFC shall have the right upon 10 business
days written notice to Contractor, to terminate this contract without damage, penalty, cost
or expense to MFC 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 MFC 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 contract that Contractor will strictly adhere to this
policy in its employment practices and provision of services.
* Compliance with Laws: Contractor shall comply with, and all activities under this
contract shall be subject to, all applicable federal, state, and local laws and regulations, as
now existing and as may be amended or modified.
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* E-Payment: Contractor agrees to accept all payments in United States currency via the
State of Mississippi's electronic payment and remittance vehicle. MFC agrees to make
payment in accordance with the Timely Payments for Purchases by Public Bodies laws,
which generally provide for payment of undisputed amounts 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 MFC 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. Breach
of this clause may subject Contractor to the following:
(1) termination of this contract and exclusion pursuant to Chapter 15 of the PPRB
OPSCR 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 MFC due to contract cancellation or loss of license or permit to do business in
the state.
* 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.
* Paymode: Payments by MFC 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. MFC may, at its sole discretion, require
Contractor to electronically submit invoices and supporting documentation at any time
during the term of this contract. Contractor understands and agrees that MFC is exempt
from the payment of Mississippi taxes. All payments shall be in United States currency.
* 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.
* 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 MFC may
terminate this contract at any time for its own convenience
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