Project Information

Bid Title

Request for Proposal No. 2026-01 (Printing and Mailing) - Attachment F, Contract Draft

Issuing Agency

Mississippi Department of Employment Security

Location

Mississippi

Published Date

May 22, 2026

Closing Date

Jun 24, 2026

Government Level

State & Local

Status

Closed

Original Source

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Bid Documents

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Project Description

RFP No. 2026-01: Attachment F, Contract Draft

Attachment Preview

Attachment F

Contract Draft

*Required Contract Terms and Conditions by Office of Personal Service and Contract Review Rule

and Regulation are Italicized

STATE OF MISSISSIPPI

MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY

CONTRACT FOR PRINTING AND MAILING SERVICES

This Professional Services Agreement (hereinafter referred to as “Contract” or “Agreement”) is

entered into by and between ____________(hereinafter referred to as “Contractor”), having its

principal place of business at _____________ and the Mississippi Department of Employment

Security (hereinafter referred to as “MDES” or “State”), having its principal place of business at 1235

Echelon Parkway, Jackson, MS 39213.

Article 1 - Purpose

Contractor will provide Printing and Mailing Services to support the agency. These services include

printing, sorting, folding, inserting, and mailing along with return mail processing services. Contractor

shall meet rigorous quality standards and specific timelines standards along with developing new

processes to create more efficient and effective methods to meet the agency’s printing and postal

needs.

Article 2 - Term of Agreement

This Professional Services Agreement shall be from September 27, 2026, until September 26, 2029

MDES reserves the right to renew the contract for up to one term for (2) additional years at the sole

discretion of the Agency. The renewal of the contract is contingent upon the receipt of funds,

satisfactory performance by the Contractor during initial term, and approval by the Public Procurement

Review Board. Any renewal will be at the same terms and condition as the initial term.

Article 3 – Scope of Services

The Contractor will perform, in a manner deemed by MDES to be timely and satisfactory, the services

described in RFP 2026-01 Section 4 captioned as “Scope of Work,” attached hereto as Exhibit “A,”

and the Contractor’s submitted response to RFP 2026-01 captioned as “Scope of Work – Detailed

Responses” attached hereto as Exhibit “B” and hereby made part of this Agreement.

Article 4 - Consideration and Method of Payment

The total compensation to be paid to Contractor by MDES under this Agreement for services

performed shall not exceed the sum of ____________ payable monthly at a rate of ____________.

MDES has the right to deny all or any portion of cash payment to the Contractor, based upon any of

the following:

• Failure to comply with any Agreement provision, all of which are deemed to be material;

• Failure to comply with applicable laws, rules, policies, or procedures;

• Failure to resolve costs disallowed under this or any separate MDES Agreement; and

• Failure to repay amounts otherwise owed to MDES.

Article 5 - 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.

Article 6 - Availability of Funds

It is expressly understood and agreed that the obligation of Agency 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, Agency shall have the

right upon 10 business days written notice to Contractor, to terminate this agreement without damage,

penalty, cost or expense to the Agency of any kind whatsoever. The effective date of termination shall

be as specified in the notice of termination.

Article 7 - Compliance with Equal Opportunity in Employment Policy

Contractor understands that the Agency 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.

Article 8 – Americans with Disabilities Act (ADA) Compliance

The Contractor shall comply with the Americans with Disabilities Act of 1990 (ADA), as amended,

and the regulations issued under 28 C.F.R. Part 35, Title II, which prohibit discrimination on the basis

of disability by public entities. The Contractor agrees to perform all services under this Agreement in

a manner that enables MDES to meet its ADA obligations, including providing accessible

communications, systems, facilities, and services. Any public-facing or MDES-facing portals,

documents, or communications produced under this Agreement shall be accessible to individuals with

disabilities in accordance with applicable federal and state accessibility standards. Failure to comply

with this provision shall be considered a material breach of this Agreement.

Article 9 - 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.

Article 10 – Drug-Free Workplace Act Compliance

The Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8102) and all

applicable regulations, including 48 C.F.R. Subpart 23.5. The Contractor shall maintain a drug-free

workplace and shall implement all required measures, including publishing a drug-free workplace

statement, providing a drug-free awareness program, notifying employees of obligations regarding

workplace drug violations, reporting employee convictions to the appropriate authorities, and taking

required personnel actions following any such conviction. The Contractor shall make a good-faith

effort to maintain compliance throughout the performance of this Agreement. Failure to comply with

this Article shall constitute a material breach of the Agreement and may result in suspension of

payments, termination for default, or other remedies available to the State.

Article 11 - 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.

Article 12 - 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 [Agency] 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.

Article 13 - Paymode

Payments by Agency 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 Agency 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 exempt from the payment of Mississippi taxes. All payments shall be in

United States currency.

Article 14 - 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 offeror

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.

Article 15 – Procurement of Recovered Materials (45 C.F.R. §75.331)

Contractor agrees to comply with section 6002 of the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act. In accordance with 45 C.F.R. §75.331 and 40 C.F.R. Part

247, Contractor shall procure, to the maximum extent practicable, products containing the highest

percentage of recovered materials when:

(1) the purchase price of the item exceeds ten thousand dollars ($10,000), or

(2) the total value of such items procured by Contractor during the preceding fiscal year exceeded ten

thousand dollars ($10,000).

Contractor shall comply with all applicable standards and guidelines issued by the Environmental

Protection Agency (EPA) for designated items, including but not limited to paper and paperboard

products, non-paper office products, and other items identified in 40 C.F.R. Part 247. Contractor shall

also procure solid waste management services in a manner that maximizes energy and resource

recovery and shall establish and maintain an affirmative procurement program for recovered materials

as required by federal law.

Compliance with these requirements is a material condition of this Agreement.

Article 16 - 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 Agency may terminate this contract at any time for its own

convenience.

Article 17 - Representation Regarding Contingent Fees

Contractor represents that it has not retained a person to solicit or secure a state contract upon an

agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as

disclosed in Contractor’s bid or proposal.

Article 18 - 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 Agency 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 Agency

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 through

25-4-121, and has not solicited any employee or former employee to act in violation of said law.

Article 19 – Conflict of Interest Compliance

The Contractor shall comply with all federal conflict of interest requirements applicable to federally

funded contracts, including 45 C.F.R. § 75.112(a)–(b), 45 C.F.R. § 75.327, and 45 C.F.R. § 75.328.

The Contractor shall avoid any organizational or personal conflicts of interest that could impair its

objectivity or independence in performing under this Agreement. The Contractor shall disclose in

writing to MDES any potential or actual conflict of interest as soon as it becomes known. Failure to

disclose a conflict of interest or to comply with this Article shall constitute a material breach of this

Agreement.

Article 20 - 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 Agency

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.

Article 21 - Stop Work Order

The Agency 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 Agency.

Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all

reasonable steps to minimize any further cost to the Agency. Upon expiration of the stop work order,

Contractor shall resume providing the services which were subject to the stop work order, unless the

Agency has terminated that part of the agreement or terminated the agreement in its entirety. The

Agency is not liable for payment for services which were not rendered due to the stop work order.

Article 22 - Termination

Termination for Convenience. The Agency may, when the interests of the Agency so require, terminate

this contract in whole or in part, for the convenience of the Agency. The Agency shall give written

notice of the termination to Contractor specifying the part of the contract terminated and when

termination becomes effective. Contractor shall incur no further obligations in connection with the

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 Agency 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 Agency may terminate the contract for

default and the Contractor will be liable for the additional cost to the Agency 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.

Article 23 - Termination Upon Bankruptcy

Commodity Codes

• NAICS 323111Commercial Printing (except Screen and Books)

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