Proposals must be accompanied by a Cashier's Check, Certified Check, or bid Bond in the amount of five thousand dollars ($5,000.00), made payable to the State of Mississippi. If a bid bond is used, it must be signed or countersigned by a Mississippi Agent of a surety company qualified and authorized to do business in the State of Mississippi, and the agent must be registered with the Mississippi Insurance Commissioner for the surety company represented on the bid bond, in accordance with the laws of the State of Mississippi. In addition, said bid bond must be signed by the bidder. Any bid bond which does not comply with these requirements shall be considered irregular and non- conforming and shall be rejected. Cash, money orders, or checks which are not certified in accordance with Section 65-1-85, Mississippi Code Annotated, 1972, will not be accepted Prior to the execution of the contract, the successful bidder must furnish a Performance and Payment Bond in an amount of $500,000.00 (Performance and Payment Bond only, checks will not be allowed). Bids must be made in the name of a single business entity (sole proprietor, corporation, partnership, etc.). Bids made by multiple entities will be considered nonresponsive and will not be considered for award. In addition, bids made in contemplation of subcontracting more than 50% of the work shall be considered nonresponsive and will not be considered for award. Bidders must certify to the COMMISSION that they possess all necessary equipment, facilities, personnel and work experience to fulfill the terms of the Contract at the time of bid submission, or that they will have the necessary equipment and personnel ready to proceed on the starting date as specified by the COMMISSION. Failure to mobilize adequate equipment and personnel will be cause for default and termination of this Contract. Bidders are advised that the Mississippi Department of Transportation is an equal opportunity employer and adheres to a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, disability, or any other consideration which is unlawful and each bidder agrees, during the term of the agreement, that it will strictly adhere to this policy in its employment practices and provision of services. All materials and equipment must conform to the Mississippi Standard Specifications for Road and Bridge Construction (2017) and any amendments thereto, where applicable. It is understood that all proposals are submitted on the basis of complying with the provisions, terms and specifications set out herein, and in the proposal forms PROVIDED THAT YOU CAN DO SO UNDER THE VARIOUS GOVERNMENT RULINGS AND DIRECTIVES NOW IN EFFECT OR WHICH MAY BE ISSUED DURING THE PERIOD OF CONTRACT. In the event you bid on furnishing any materials which you are prohibited from manufacturing by a Government ruling or directive and are awarded such materials, you will not be required to make such shipment of said prohibited materials so long as Government directive is effective. However, any change in specifications or provisions of the quotation should be discussed with us promptly upon your being advised of the Government ruling or directive necessitating a change. Unless otherwise specified, all formal bids shall be binding for a minimum of sixty (60) days after opening. If a bid is withdrawn after opening, Bid bond, if applicable, will be forfeited and/or bidder will be removed from the list of eligible bidders for a period of one (1) year. The award, if made, will be by the COMMISSION within sixty (60) days after opening the proposal. The award of this bid shall be made based on the lowest cumulative total dollar amount submitted to reset one thousand (1,000) linear feet of each cable barrier system combined with the replacing five (5) terminal end sections of each cable barrier system, performing 1 Lump Sum Annual Inspection, one hundred (100) Re-tensioning items, and three thousand (3,000) Brifen Peg Replacements (if this item exists on the bid tabs). After award is made by the COMMISSION, an executed contract will be forwarded to the successful bidder. Upon receipt of a satisfactory and properly executed performance bond, a purchase order will be issued. Commitments made by a bidder prior to the receipt of a Purchase Order will be at the bidder's OWN RISK and the COMMISSION will not be responsible for such action. Any bid received and opened that contains a price guarantee for any length of time other than the time specified will not be considered. The Department reserves the right to cancel the award of a contract any time prior to the execution by all parties without liability against the COMMISSION, Department, or any of its officers or employees. Proposals must be made on forms furnished by the COMMISSION or they will not be considered. Letters will NOT Leconsidered a part of a bidder's proposal. Facsimile transmissions will NOT be accepted. The COMMISSION reserves the right to reject any or all bids and to accept all or only certain units of any bid. The COMMISSION reserves the right to award one or more of the items in the various proposals to one or more companies.
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