Hauling Alcoholic Beverages within the Jackson Metropolitan Area
Procurement Department
2/4/2016
THE MISSISSIPPI DEPARTMENT OF REVENUE
500 Clinton Center Drive
Clinton, Mississippi 39056
To provide a freight, hauling and delivery plan for alcoholic beverages for the Department of Revenue, Alcoholic Beverage Control Division (“Department,” “State,” or “ABC”), located at 1286 Gluckstadt Road, Madison County, Mississippi to all licensed ABC permittees authorized to purchase alcoholic beverages from the Department to the permitted location of the permittee located in Hinds or Rankin Counties or in the southern portion of Madison County, excluding permitted locations located in the municipal limits of the cities of Canton and Flora.
Table of Contents
Invitation...... 5
Description...... 5
1.0 Specification, Terms and Conditions...... 6
1.1 General Statement...... 6
1.2 Detailed Minimum Specifications...... 6
1.3 Procurement Time Line...... 7
2.0 Consultant’s Written Proposal...... 7
3.0 Insurance Requirement...... 8
3.1 Insurance...... 8
4.0 Carrier Responsibilities...... 8
5.0 Compensation for Services...... 11
6.0 Rejection of Proposals...... 11
7.0 Informalities and Irregularities...... 11
8.0 Disposition of Proposals...... 11
9.0 Competitive Negotiation...... 11
10.0 RFP Acceptance of Offer...... 12
11.0 Exceptions and Deviations...... 12
12.0 Nonconforming Terms and Conditions...... 12
13.0 Proposal Acceptance Period...... 12
14.0 Expense Incurred in Preparing Offers...... 12
15.0 Proprietary Information...... 13
16.0 Additional Information...... 13
17.0 Debarment...... 13
18.0 Required Clauses for Procurement...... 13
18.1 Applicable Law...... 13
18.2 Availability of Funds...... 13
18.3 Procurement Regulations...... 14
18.4 Compliance with Laws...... 14
18.5 Stop Work Order...... 14
18.6 Representation Regarding Contingent Fees...... 15
18.7 Representation Regarding Gratuities...... 15
18.8 Acknowledgement of Amendments...... 15
18.9 Certification of Independent Price Determination...... 16
18.10 Prospective Contractor’s Representation Regarding Contingent Fees...... 16
18.11 E-Payment...... 16
18.12 E-Verification...... 16
18.13 Transparency...... 17
18.14 Trade Secrets, Commercial and Financial Information...... 17
18.15 Paymode...... 17
19.0 Standard Terms and Conditions Included in Any Contract Awarded under this RFP.17
19.1 Anti-Assignment/Subcontracting...... 18
19.2 Antitrust...... 18
19.3 Approval...... 18
19.4 Attorney’s Fees and Expenses...... 18
19.5 Authority to Contract...... 18
19.6 Change in Scope of Work...... 19
19.7 Confidentiality...... 19
19.8 Contractor Personnel...... 19
19.9 Failure to Deliver...... 19
19.10 Failure to Enforce...... 20
19.11 Force Majeure...... 20
19.12 Indemnification...... 20
19.13 Independent Contractor Status...... 20
19.14 No Limitation of Liability...... 21
19.15 Notices...... 21
19.16 Oral Statements...... 21
19.17 Ownership of Documents and Work Papers...... 21
19.18 Record Retention and Access to Records...... 22
19.19 Recovery of Money...... 22
19.20 State Property...... 22
19.21 Termination for Convenience...... 22
19.22 Termination for Default...... 23
19.23 Termination upon Bankruptcy...... 24
19.24 Third Party Action Notification...... 24
19.25 Unsatisfactory Work...... 24
19.26 Waiver...... 25
20.0 Evaluation Procedure and Factors...... 25
20.1 Qualifications of Offeror...... 25
20.2 Step One...... 26
20.3 Step Two...... 26
20.4 Step Three...... 26
21.0 All Proposals Submitted Shall be in Writing...... 26
22.0 Response Format for Proposal...... 26
23.0 Post-Award Debriefing...... 27
23.1 General Statement...... 27
23.2 Debriefing Request...... 27
23.3 When Debriefing is Requested...... 27
23.4 Additional Information Regarding Post-Award Debriefing...... 28
INVITATION: Written proposals subject to the conditions herein stated and attached hereto, will be received at this office until 1:00 pm, March 15, 2016, local time for furnishing the services as described below for the Mississippi Department of Revenue, Alcoholic Beverage Control Division (“Department”, “State”, or “ABC”).
DESCRIPTION: The ABC is hereby requesting written proposals to provide a freight, hauling and delivery plan for alcoholic beverages for the Department of Revenue, Alcoholic Beverage Control Division (“Department,” “State,” or “ABC”), located at 1286 Gluckstadt Road, Madison County, Mississippi to all licensed ABC permittees authorized to purchase alcoholic beverages from the Department to the permitted location of the permittee located in Hinds or Rankin Counties or in the southern portion of Madison County, excluding permitted locations located in the municipal limits of the cities of Canton and Flora.
The ABC will receive proposals from companies having specific experience and qualifications in the area identified in the solicitation. For consideration, each proposal for the project must contain evidence of the company’s experience and abilities in the specified area and other disciplines directly related to the proposed service. Other information required by the ABC may be included elsewhere in the solicitation. Unless otherwise stated, all offerors shall provide references, illustrative examples of similar work performed, and any other information that clearly demonstrates the offeror’s expertise in the area of the solicitation.
A selection committee shall review and evaluate all replies. The selection committee will have only the response to the solicitation to review for selection of finalists. It is, therefore, important that respondents emphasize specific information pertinent to the work.
Inquiries regarding this Request for Proposal must be directed to:
Tonya Davis, Director of Purchasing
Mississippi Department of Revenue
Proposals and attachments must be submitted to:
Tonya Davis, Director of Purchasing
Mississippi Department of Revenue
P O Box 22828
Jackson MS 39225
Or
500 Clinton Center Drive
Clinton MS 39056
MISSISSIPPI DEPARTMENT OF REVENUE,
ALCOHOLIC BEVERAGE COMMISSION DIVISION
1286 GLUCKSTADT ROAD
MADISON COUNTY, MISSISSIPPI
1.0 SPECIFICATIONS, TERMS AND CONDITIONS FOR SHIPPING ALCOHOLIC BEVERAGES IN THE JACKSON METRO AREA
1.1General Statement:
The ABCwishes to obtain proposals from vendors for the shipping of alcoholic beverages from the ABC Liquor Distribution Center located in Madison County, Mississippi, to alcoholic beverage permittees located in the Jackson Metro Area. Additional information may be obtained by written request to Tonya Davis, Director of Purchasing, .
1.2Detailed Minimum Specifications:
Devise a written proposal that will provide that alcoholic beverages are shipped and delivered in a manner that is timely and ensures protection of the product.The offeror must provide a written operational plan for delivery of product in a manner conforming to the terms and conditions stated in the RFP. The written proposal should be such that it clearly and fully explains how the offeror will:
(1) provide sufficient physical equipment of all kinds, including but not limited to, motor vehicles necessary to haul the required merchandise. In the past, carriers have needed the availability of 5-10 trucks available at any time on a daily basis depending upon the size of the vehicle to accomplish the deliveries. Also, offeror should be aware that, due to restrictions of the owner of the location of some permitted businesses or the parking restrictions of some municipal authorities or due to the physical limitation of the permitted location, some locations may be accessible for delivery by a tractor trailer at or near the permittee. Such restrictions may require the use of a hand truck or dolly for delivery or the use of a truck smaller than a tractor trailer for deliveries to such restricted locations;
(2) provide sufficient drivers for delivery of the required merchandise within the aforesaid area in accordance with the provisions of the contract;
(3) provide for secured yard storage of loaded trucks; including a description of the terminal owned or leased.
The price submitted shall reflect both the price per case shipped and the fuel adjustment schedule.
The contract period shall be from July 1, 2016 to June 30, 2020.
1.3Procurement Timeline:
- RFP Issue Date: February 23, 2016
- First Publication:February 23, 2016
- Second Publication:March 1, 2016
- Deadline for Submission of Questions:March 8, 2016, 5:00 pm CST
- RFP Packet Submission Deadline: March 15, 2016, 1:00 pm CST
- Projected Start Date:July 1, 2016
2.0 CONSULTANT'S WRITTEN PROPOSAL SHALL CONTAIN THE FOLLOWING MINIMUM INFORMATION:
Incomplete or unsigned proposals will be rejected.
(1)The name of offeror and location of offeror’s principal place of business;
(2)The age of offeror’s business and average number of employees for the last three (3) years;
(3)The abilities, qualifications, and experience of all persons who would be assigned to provide the required services. If actual persons will not be hired until the award of the contract, offeror may list the minimum qualifications of the persons who will be assigned to provide the services;
(4)A listing of other contracts under which services similar to the required services performed or undertaken for the last three (3) years;
(5)The information referenced in Section 1.2 stated hereinabove
(6)A listing of at least two (2) references.The list shall include the company/entity name, telephone number, and a contact person with each company/entity. ABC will use these references to evaluate the quality of the prospective carrier’s past experience and ability to perform the services listed within these specifications. All information on the proposal form must be completed.
(7)The price submitted shall reflect both the price per case shipped and the fuel adjustment schedule.
3.0INSURANCE REQUIREMENTS
(1)Must show proof of all applicable licenses required for carrier to do business in Mississippi or proof of ability to obtain should carrier be awarded the contract. If such proof is not available at the time of proposal submission, offeror must state that it will deliver proof within ten (10) days of being awarded the contract.
(2)Must provide proof of cargo insurance in the amount of $100,000 dollars per truckload or proof evidencing ability to obtain. Documentation from offeror’s insurance provider stating availability of coverage upon award shall be sufficient evidence of insurance to fulfill this requirement. However, the offeror must submit proof of insurance within fifteen (15) days after award of the contract and the executed contract.
(3)Must provide proof of no less than $1,000,000 dollars of liability insurance or proof evidencing ability to obtain.Documentation from offeror’s insurance provider stating availability of coverage upon award shall be sufficient evidence of insurance to fulfill this requirement. However, the offeror must submit proof of insurance within fifteen (15) days after award of the contract and the executed contract.
(4)Must provide proof of worker’s compensation insurance according to state law or proof evidencing ability to obtain.Documentation from offeror’s insurance provider stating availability of coverage upon award shall be sufficient evidence of insurance to fulfill this requirement. However, the offeror must submit proof of insurance within fifteen (15) days after award of the contract and the executed contract.
(5)Must provide proof of a compliance bond in the amount of $50,000 dollars or proof evidencing ability to obtain.
3.1 INSURANCE
All applicable insurance or evidence of ability to provide coverage will provide coverage to the ABC as an additional insured. Each of the above contracts of insurance and bonds shall be with an insurance company or bonding company qualified to do business within the State of Mississippi and shall be rated at least B+ by A.M. Best. The ABC reserves the right to request from carriers, certificates of insurance regarding the required coverage. Insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi Department of Insurance.
4.0CARRIER RESPONSIBILITIES
If awarded the contract, the Carrier will be required to abide by the following requirements, obligations and responsibilities:
(1)The carrier shall pay all claims filed with it regarding damaged product within thirty (30) calendar days from the date of filing thereof, pursuant to guidelines found in the current ABC Price Book or justify such non-payment to ABC;
(2)The carrier agrees that if it at any time does not have enough physical equipment or for any reason whatsoever, except for a Force Majeure Event as defined in the Force Majeure provision contained herein below, it is unable to make delivery of the merchandise, the carrier shall notify ABC immediately. ABC shall then have the right to ship the merchandise by public carrier to the designated consignee, and ABC may at its option treat such inability as a breach of contract and may immediately enter into a contract for delivery of such merchandise with other parties. Carrier is responsible for any additional costs incurred by ABC in such instances as a measure of contract damages and agrees to pay such on demand.
(3)The carrier agrees that if the merchandise has been tendered to it for delivery and it does not have enough physical equipment or for any reason whatsoever, except for a Force Majeure Event as defined in the Force Majeure provision contained herein below, it is unable to make delivery or if delivery is going to be delayed, the carrier must notify ABC immediately of the affected customers. Further, carrier agrees that if the product has been loaded on its trucks, it will cooperate in such instances and assist ABC in unloading/loading the product on vehicles retained by ABC to make the deliveries. Carrier is responsible for any additional costs incurred by ABC in such instances as a measure of contract damages and agrees to pay such on demand.
(4)The carrier agrees that it will hold ABC harmless by reason of any failure to deliver as a result of any automotive wreck or accident of any kind, whether or not such wreck or collision is due to the negligence of carrier’s agents, servants, or employees.
(5)At all times when carrier’s employees are on the grounds of the Liquor Distribution Center (LDC) and when making deliveries to permittees, all of carrier’s employees must wear and display in a visible place on their clothing a photograph identification badge issued by the carrier. The badge shall contain such information and be in a form acceptable to ABC.
(6)The carrier agrees to provide a current, updated list throughout the contract period of all management personnel with telephone numbers whom the ABC Division may contact, if necessary.
(7)All trucks shall report to the LDC at a specified time for loading. ABC reserves the right to reasonably adjust shipping and loading schedules as it deems necessary.
(8)Trucks shall be removed from the loading area immediately after loading is completed. The carrier will provide a trailer spotter who must be available during the entire loading process.
(9)The carrier is responsible for counting load or accepting ABC's load and count document. Carrier is responsible for breakage and shortages once the document is signed except that whichis noted on the load and count document prior to departing ABC. Once the load is accepted by the carrier’s employee, the only damage compensation that ABC is responsible for is dry, concealed damage.
(10)Unless otherwise provided in this contract, the carrier must guarantee next workday delivery in Hinds and Rankin Counties and in the southern portion of Madison County, excluding permitted locations located in the municipal limits of the cities of Canton and Flora. At the time of delivery to the permittee the carrier must obtain a delivery signature from the permittee or his representative confirming date of delivery and receipt of the cases listed on the bill of lading. Carrier agrees to provide such documents evidencing proof of delivery to ABC upon request.
(11)The carrier must guarantee to receive and deliver double shipments on days when required by ABC. The Department acknowledges that in the case of double shipments, delivery by the next workday may not be possible, but the carrier is to make all reasonable efforts to deliver double shipments by the next workday, and if such delivery is not possible, to complete delivery by the end of the second workday.
(12)The carrier must deliver to permittees (cosignee) between the hours of 10 a.m. and 10 p.m. unless otherwise specified.
(13)The carrier must adopt a delivery schedule to reasonably accommodate permittees when possible.
(14)The carrier must secure ABC approval prior to returning merchandise to the LDC if return of the merchandise is requested by the permittee. In the event of a merchandise return authorized by ABC at the permittee’s request, the cost of return that the carrier charges the permittee shall never exceed the cost of the delivery charge that ABC pays the carrier for the item(s) returned. For ABC to maintain proper control and other mandated requirements, the carrier must return any cases that are miss-shipped, any product that is damaged by the carrier and not accepted by the permittee, and any extra cases (overages) found on the trucks. Return of this product must occur within five (5) working days.
(15)The carrier must pick up and return merchandise as requested by the ABC within five (5) working days of notification.
(16)The carrier must maintain a complaint and commendation file, which shall be presented to ABC yearly or upon request.
(17)The carrier agrees to deliver each workday (Tuesday – Friday) (Monday as requested) except for the following six (6) holidays: (1) New Year’s Day; (2) Memorial Day; (3) Independence Day; (4) Labor Day; (5) Thanksgiving Day; and (6) Christmas Day. Observance of holidays and holiday pick-up and delivery schedules must be in agreement with ABC. The carrier will be notified by ABC with as much advance notice as ABC can reasonably provide on pick-up and delivery schedules for holidays.
(18)In emergency situations, delivery by the carrier to permittees will be required on Saturdays and holidays. In the event a Saturday or holiday delivery is required due to any situation for which ABC is responsible for the same, ABC will be liable for no more than double the delivery rates in effect. Further, this provision operates as a limit on ABC's liability for Saturday and holiday delivery and is not intended as a negotiated rate of payment for a Saturday and holiday delivery. In the event a Saturday or holiday delivery is required due to any situation for which the carrier is responsible, current delivery rates in effect will apply.
5.0COMPENSATION FOR SERVICES WILL BE IN THE FORM OF A FIRM FIXED PRICE AGREEMENT
6.0 REJECTION OF PROPOSALS
Proposals which do not conform to the requirements set forth in this RFP may be rejected by ABC. Proposals may be rejected for reasons which include, but are not limited to, the following:
(1) the proposal contains unauthorized amendments to the requirements of the RFP;
(2) the proposal is conditional;
(3) the proposal is incomplete or contains irregularities which make the proposal indefinite or ambiguous;
(4) the proposal is received late;
(5) the proposal is not signed by an authorized representative of the party;
(6) the proposal contains false or misleading statements or references; and,
(7) the proposal does not offer to provide all services required by the RFP.
7.0 INFORMALITIES AND IRREGULARITIES
The ABChas the right to waive minor defects or variations of a proposalfrom 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 offeror with the proposalfor the ABCto properly evaluate the proposal, the ABC has the right to require such additional information as it may deem necessary after the time set for receipt of proposals, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured.