reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-103 - NOVATION/BUYOUT OR CHANGE OF NAME › Section 12-9-3-103.02 - Recognition of a Successor in Interest - Novation

Current through June 25, 2024
When, in the best interest of the State, a successor in
					 interest may be recognized in a novation agreement, the transferor and the
					 transferee must agree that:
(a) the
				  transferee assumes all of the transferor's obligations;
(b) the transferor waives all rights under
				  the contract as against the State; and,
(c) unless the transferor guarantees
				  performance of the contract by the transferee, the transferee shall, if
				  required, furnish a satisfactory performance bond.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-103 - NOVATION/BUYOUT OR CHANGE OF NAME › Section 12-9-3-103.03 - Change of Name

Current through June 25, 2024
When a contractor requests to change the name in which it
					 holds a contract with the State, the agency shall, upon receipt of a document
					 indicating such change of name (for example, an amendment to the articles of
					 incorporation of the corporation), enter into an agreement with the requesting
					 contractor to effect the change. The agreement changing the name shall
					 specifically indicate that no other terms and conditions of the contract are
					 changed. This change must be approved by the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-103 - NOVATION/BUYOUT OR CHANGE OF NAME › Section 12-9-3-103.04 - Staff Authority

Current through June 25, 2024
PPRB may delegate its authority to approve contracts to
					 OPSCR staff.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-201 - METHOD OF SOURCE SELECTION › Section 12-9-3-201.01 - Petition for Relief from Competitive Bidding

Current through June 25, 2024
Competitive Sealed Bidding (Invitation for Bids) is the
					 preferred method of procurement; however, if it is not practicable and
					 advantageous, a Request for Proposals or Request for Qualifications may be
					 used.
An agency may petition for relief from the requirement
					 that the agency use Competitive Sealed Bidding as the procurement method by
					 submitting a Petition for Relief. The Chief Procurement Officer of an agency or
					 his or her designee shall determine, in writing, that the use of Competitive
					 Sealed Bidding is either not practicable or not advantageous to the state, he
					 or she shall submit a detailed explanation of the reasons for that
					 determination to the Public Procurement Review Board. If the PPRB determines
					 that Competitive Sealed Bidding is either not practicable or not advantageous
					 to the state, then a contract may be entered into for the procurement of
					 personal and professional services, state agency purchased employee benefits or
					 state agency supplemental insurance and cafeteria plans by a Request for
					 Proposals or Request for Qualifications.
When the Chief Procurement Officer submits the
					 determination that the use of Competitive Sealed Bidding is either not
					 practicable or not advantageous to the state to the Public Procurement Review
					 Board for its approval, he or she shall include in that submission the
					 evaluation factors that will be used in reviewing the submitted proposals or
					 qualifications. The evaluation factors shall be approved by the Public
					 Procurement Review Board in the same way that the decision to solicit
					 procurements through an RFP or RFQ must be approved.
However, procurements contracted for through a Request for
					 Proposals or Request for Qualifications may not be combined or included in a
					 contract with other procurements that are required to be procured through
					 Competitive Sealed Bidding so as to avoid the statutory obligation for
					 procurement through IFB. The PPRB may modify or revoke its determination at any
					 time, and the determination should be reviewed for current applicability from
					 time to time.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-201 - METHOD OF SOURCE SELECTION › Section 12-9-3-201.02 - Procedure for Petition for Relief from Competitive Bidding

Current through June 25, 2024
The procedure for submitting a Petition for Relief from
					 the requirement to use Competitive Sealed Bidding is outlined in Section 7-103,
					 Competitive Procurement Exception.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-201 - METHOD OF SOURCE SELECTION › Section 12-9-3-201.03 - Alternative Procurement Procedures

Current through June 25, 2024
Alternative procurement procedures include:
(a) Section 3-101.04.1, Requests for
				  Applications;
(b) Section
				  3-205.01, Alternative Competitive Procurement for Small Purchases; or
(c) In order to procure through an
				  alternative, generally accepted procurement method, the agency must complete
				  the form prescribed by the PPRB as a Petition for Relief, which must be
				  approved by the PPRB prior to procurement.
a.
				  Other generally accepted procurement methods include:
i. Section 3-203, Competitive Sealed
				  Proposals and Qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-201 - METHOD OF SOURCE SELECTION › Section 12-9-3-201.04 - Other Source Selection Methods

Current through June 25, 2024
Other source selection methods include:
(a) Section 3-206, Sole-Source Procurement;
(b) Section 3-207, Emergency
				  Procurement; and
(c) Section
				  3-208, Preapproved Vendor Lists.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-201 - METHOD OF SOURCE SELECTION › Section 12-9-3-201.05 - Conditions for use of Requests for Proposals and Requests for Qualifications

Current through June 25, 2024
The terms "practicable" and "advantageous" are to be given
					 ordinary dictionary meanings.
(a)
				  Practicable denotes what may be accomplished or put into practical application.
(b) Advantageous" denotes a
				  judgmental assessment of what is in the state's best interest.
a. The following factors shall be considered
				  when determining advantageousness:
i. The need
				  for flexibility;
ii. The type of
				  evaluations that will be needed after offers are received;
iii. Whether the evaluation factors involve
				  the relative abilities of offerors to perform, including degrees of technical
				  or professional experience or expertise;
iv. Whether the type of need to be satisfied
				  involves weighing artistic and aesthetic values to the extent that price is a
				  secondary consideration;
v.
				  Whether the types of supplies, services or construction may require the use of
				  comparative judgmental evaluations to evaluate them adequately; and
vi. Whether prior procurements indicate that
				  a Request for Proposals may result in more beneficial contracts for the state.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.02 - Application

Current through June 25, 2024
The provisions herein apply to every procurement made by
					 Competitive Sealed Bidding.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.03 - The Invitation for Bids › Section 12-9-3-202.03.1 - Use

Current through June 25, 2024
The Invitation for Bid s is used to initiate a
						competitive sealed bid procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.03 - The Invitation for Bids › Section 12-9-3-202.03.2 - Content

Current through June 25, 2024
The Invitation for Bids shall include the
						following:
(a) instructions and
					 information to bidders concerning bid submission requirements, including:
(1) the time and date set for receipt of
					 bids,
(2) the address of the
					 office to which bids are to be delivered,
(3) the maximum time for bid acceptance by
					 the State,
(4) the manner in which
					 bids are to be submitted, including any forms for that purpose, and,
(5) any other special information;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.03 - The Invitation for Bids › Section 12-9-3-202.03.3 - Incorporation by Reference

Current through June 25, 2024
The Invitation for Bids may incorporate documents by
						reference provided that the Invitation for Bids specifies where such documents
						can be obtained.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.03 - The Invitation for Bids › Section 12-9-3-202.03.4 - Acknowledgment of Amendments

Current through June 25, 2024
The Invitation for Bids shall require the acknowledgment
						of the receipt of amendments issued.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.04 - Bidding Time

Current through June 25, 2024
Bidding time is the period of time between the date of
					 distribution of the Invitation for Bids and the time and date set for receipt
					 of bids. In each case, bidding time will be set to provide bidders a reasonable
					 time to prepare their bids. Under no circumstances shall the bidding time be
					 less than fourteen (14) calendar days.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.05 - Bidder Submissions › Section 12-9-3-202.05.1 - Bid Form

Current through June 25, 2024
The Invitation for Bids shall provide a form to be
						signed by the bidder and which shall include a space for insertion of the bid
						price.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.05 - Bidder Submissions › Section 12-9-3-202.05.2 - Facsimile Bids

Current through June 25, 2024
The Invitation for Bids may state that facsimile bids
						will be considered at the Agency's discretion whenever they are delivered
						sealed at the designated office by the time and date set for receipt of bids.
						For a bid to be acceptable when transmitted by a facsimile machine, it shall
						have been faxed to an off-site location and delivered sealed to the agency
						prior to the time and date set for the bid opening. Such facsimile bids shall
						contain specific reference to:
(a) the
					 Invitation for Bids;
(b) the
					 items, quantities, and prices for which the bid is submitted;
(c) the time and place of delivery; and,
(d) a statement that the bidder
					 agrees to all terms, conditions, and provisions of the Invitation for Bids.
Prior to an award being made, submission of an original
						bid shall be required.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.05 - Bidder Submissions › Section 12-9-3-202.05.3 - Electronic Submissions

Current through June 25, 2024
The Invitation for Bids may state that sealed bids will
						be considered if they are delivered electronically through the MAGIC system by
						the time and date set for receipt of bids. All information regarding electronic
						submissions for Invitation for Bids should be posted in MAGIC. The withdrawal
						and modification of bids following electronic submission must be in compliance
						with Section 3-202.09. Electronic proposals or qualifications received will be
						stored in MAGIC until the time designated for the opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.06 - Public Notice › Section 12-9-3-202.06.1 - Distribution

Current through June 25, 2024
Invitations for Bids and/or Notices of Availability of
						Invitations for Bids shall be mailed or otherwise furnished to a sufficient
						number of bidders to promote competition. Notices of Availability shall
						indicate where, when, and for how long Invitations for Bids may be obtained,
						generally describe the service desired, and may contain other appropriate
						information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.06 - Public Notice › Section 12-9-3-202.06.2 - Publication

Current through June 25, 2024
1
Legal Notice
a. Every Invitation for Bids for services in
					 excess of $75,000.00 shall be publicized in the legal notices section of a
					 newspaper published in the county or municipality in which the agency is
					 located, or the employment section of a newspaper when procuring services of
					 contract workers under Section 3-101.04.1, and,
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.06 - Public Notice › Section 12-9-3-202.06.3 - Content of Advertisement

Current through June 25, 2024
When composing the advertisement to appear in the legal
						notice section of the newspaper, the Mississippi Contract/Procurement
						Opportunity Search Portal, and the soliciting agency's website, the intent is
						to promote competition. Prospective bidders should be given as much information
						as possible. The date fixed for receiving bids shall not fall on a Monday, or
						any day directly following a state holiday.
The notice shall include:
1 The due date for responses;
2 The name and phone number of the officer
					 conducting the procurement; and
3
					 The means of obtaining the solicitation.
The following is a suggested guide for a
						legal notice newspaper advertisement:
The (name of the agency) will accept sealed bids
						until (time of bid opening), (day of the week), (month) (date), (year) for the
						purpose of purchasing the following: (name of service to be procured), (bidfile
						number). Detailed specifications may be obtained by contacting (name of contact
						person) at (telephone number), (electronic address), and at (physical mailing
						address).
The following is a suggested guide for an
						employment section newspaper advertisement:
The (name of the agency) will accept
						applications until (time), (day of the week), (month) (date), (year) for the
						purpose of hiring contract workers with the following qualifications: (include
						minimum qualifications for position). Contracts will be for a period of (term
						of contract) with a rate of pay of ($$) per hour. Applications can be submitted
						by (explanation of submission options, including physical address and web
						address. Contact (name) and (phone number) for more
						information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.06 - Public Notice › Section 12-9-3-202.06.4 - Advertising Time › Section 12-9-3-202.06.4.1 - Required Letters of Intent

Current through June 25, 2024
The date for submission of a letter of intent, if
						  required in the procurement, shall not be less than seven (7) full working days
						  after the last notice appears in the newspaper.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.06 - Public Notice › Section 12-9-3-202.06.5 - Public Availability

Current through June 25, 2024
A copy of the Invitation for Bids shall be made
						available for any interested party at the location noted in the published
						notice.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.07 - Pre-Bid Conferences

Current through June 25, 2024
Pre-bid conferences may be conducted to explain the
					 procurement requirements. If a Chief Procurement Officer plans to hold such a
					 conference, he or she shall prominently place the notification in the
					 Invitation for Bids solicitation. The notification shall include the date, time
					 and location of the conference. If the Chief Procurement Officer decides to
					 hold a pre-bid conference after the Invitation for Bids has been sent out, then
					 he or she shall notify all prospective bidders known to have received an
					 Invitation for Bids.
If a pre-bid conference is held, it shall be at least
					 fourteen (14) days after the IFB has been issued. In setting the time for the
					 conference, the Chief Procurement Officer shall consider the complexity of the
					 procurement and the potential modifications that may need to be made after the
					 conference and any amendments to the solicitation that the Chief Procurement
					 Officer may need to make after the conference. The conference should be held
					 long enough after the Invitation for Bids has been issued to allow bidders to
					 become familiar with it but sufficiently before bid opening to allow
					 consideration of the conference results in preparing bids.
The Chief Procurement Officer issuing the IFB shall serve
					 as chair of the conference. Bidders attending the conference shall be required
					 to sign an attendance sheet provided by the soliciting agency. The chair shall
					 announce at the beginning of the conference how the conference is to be
					 handled. The conference shall be recorded. A Chief Procurement Officer may
					 mandate attendance at a conference if he or she feels it is critical to
					 understanding the solicitation. Once the conference is over, the Chief
					 Procurement Officer shall put the recordings from the conference and the
					 Question and Answer document from the conference in writing and send them as an
					 Amendment to all known prospective bidders who received the IFB and post them
					 on the Mississippi Contract/Procurement Opportunity Search Portal website and
					 the soliciting agency's website.
Nothing stated at the pre-bid conference shall change the
					 Invitation for Bids unless a change is made by written amendment as provided in
					 Section 3-202.08 (Amendments to Invitations for Bids). If a transcript is made,
					 it shall be of public record.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.08 - Amendments to Invitations for Bids › Section 12-9-3-202.08.1 - Form

Current through June 25, 2024
Amendments to Invitations for Bids shall be identified
						as such and shall require that the bidder acknowledge receipt thereof. The
						amendment shall reference the portions of the Invitation for Bids it amends.
						Question and Answer documents shall be treated in the same manner as amendments
						to Invitations for Bids. The summary of any Pre-Bid Conference shall be treated
						in the same manner as an Amendment to the IFB. The Chief Procurement Officer
						shall create a register of all questions and answers submitted during any
						Pre-Bid Conference and any questions submitted prior to the IFB deadline to
						submit questions. The register of all questions and answers shall be issued as
						an Amendment to the IFB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.08 - Amendments to Invitations for Bids › Section 12-9-3-202.08.2 - Distribution

Current through June 25, 2024
Amendments shall be sent to all prospective bidders
						known to have received an Invitation for Bids and posted publicly on the
						Mississippi Contract/Procurement Opportunity Search Portal website and the
						soliciting agency's website.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.08 - Amendments to Invitations for Bids › Section 12-9-3-202.08.3 - Timeliness

Current through June 25, 2024
Amendments shall be distributed within a reasonable time
						to allow prospective bidders to consider them in preparing their bids. If the
						time and date set for receipt of bids will not permit such preparation, such
						time shall be increased, to the extent possible, either in the amendment or, if
						necessary, by electronic means (e-mail), facsimile, or telephone and then
						confirmed in the amendment.
Note: Amendments should be used
						to:
(a)
make any
					 changes in the Invitation for Bids such as changes in quantity, purchase
					 descriptions, delivery schedules, and opening dates;
(b)
correct defects or ambiguities;
					 or,
(c)
furnish
					 to other bidders information given to one bidder, if such information will
					 assist the other bidders in submitting bids, or if the lack of such information
					 would prejudice the other bidders. Any such information when not given to all
					 bidders shall be cause for rejecting all bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.09 - Pre-Opening Modification or Withdrawal of Bids › Section 12-9-3-202.09.1 - Disposition of Bid Security

Current through June 25, 2024
If a bid is withdrawn in accordance with this section,
						the bid security, if any, shall be returned to the bidder.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.09 - Pre-Opening Modification or Withdrawal of Bids › Section 12-9-3-202.09.2 - Records

Current through June 25, 2024
All documents relating to the modification or withdrawal
						of bids shall be made a part of the Agency Procurement File, including the
						unopened withdrawn or modified offer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-9-3-202.10.1 - Definition

Current through June 25, 2024
Any bid received after the time and date set for receipt
						of bids is late. Any withdrawal or modification of a bid received after the
						time and date set for opening of bids at the place designated for opening is
						late.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-9-3-202.10.2 - Treatment

Current through June 25, 2024
No late bid, late modification, or late withdrawal will
						be considered unless receipt would have been timely but for the action or
						inaction of agency personnel directly involved with the procurement
						activity.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-9-3-202.10.3 - Notice

Current through June 25, 2024
Bidders submitting late bids which shall not be
						considered for award shall be so notified as soon as practicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-9-3-202.10.4 - Records

Current through June 25, 2024
Records equivalent to those required in Subsection
						3-202.09.2 (Pre-Opening Modification or Withdrawals of Bids, Records) shall be
						made and kept for each late bid, late modification, or late withdrawal.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.11 - Receipt, Opening, and Recording of Bids › Section 12-9-3-202.11.1 - Receipt

Current through June 25, 2024
Each bid and modification received shall be date-stamped
						or time and date stamped but not opened and shall be stored in a secure place
						until the time and date set for bid opening. Electronic bids received will be
						stored in MAGIC until the time designated for the opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.11 - Receipt, Opening, and Recording of Bids › Section 12-9-3-202.11.2 - Opening and Recording

Current through June 25, 2024
Bids and modifications shall be opened publicly, in the
						presence of one or more witnesses, at the time, date, and place designated in
						the Invitation for Bids. The name of each bidder, the bid price, and such other
						information as is deemed appropriate by the Chief Procurement Officer, shall be
						read aloud or otherwise made available. Such information may be recorded at the
						time of bid opening; that is, the bids may be tabulated or a bid abstract made.
						If a record is made, the names of required witnesses shall also be recorded.
						The opened bids shall be available for inspection by participants, subject to
						the provisions of Mississippi Code Annotated §§
											25-61-1
et seq.,
except to the extent the bidder designates trade
						secrets or other proprietary data to be confidential as set forth in Subsection
						3-202.11.3 below. Material so designated shall accompany the bid and shall be
						readily separable from the bid in order to facilitate public inspection of the
						non-confidential portion of the bid. Prices of the services offered,
						deliveries, and terms of payment shall be publicly available at the time of bid
						opening regardless of any designation to the contrary. Bids shall be available
						for inspection at any time subsequent to the awarding of the contract.
						Inspection of bids shall be in compliance with Section 1-301 (Public Access to
						Procurement Information).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.11 - Receipt, Opening, and Recording of Bids › Section 12-9-3-202.11.3 - Confidential Data

Current through June 25, 2024
The Chief Procurement Officer shall examine the bids to
						identify any written requests for nondisclosure of trade secrets and other
						proprietary data. Any disclosure of this information is subject to the
						provisions of Mississippi Code Annotated §§
											25-61-9
						and
						79-23-1.
						For all procurement contracts awarded by state agencies, the provisions of the
						contract which contain the personal or professional services provided, the
						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, and shall be
						available for examination, copying, or reproduction.
Any party seeking a protective order for a procurement
						contract awarded by state agencies shall give notice to and provide the reasons
						for the protective order to the party requesting the information in accordance
						with the Mississippi Rules of Civil Procedure. The notice and reasons for the
						protective order must be posted on the Mississippi Procurement Opportunity
						portal for a minimum of seven (7) days before filing the petition seeking the
						protective order in chancery court. Any party seeking a protective order in
						violation of this requirement may be barred by a state agency from submitting
						bids for procurement for a period not to exceed five (5) years.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.1 - General Provision

Current through June 25, 2024
Correction or withdrawal of a bid because of an
						inadvertent, nonjudgmental mistake in the bid requires careful consideration to
						protect the integrity of the competitive bidding system and to assure fairness.
						If the mistake is attributable to an error in judgment, the bid may not be
						corrected.
Bid correction or withdrawal by reason of a
						nonjudgmental mistake is permissible, but only to the extent it is not contrary
						to the interest of the State or the fair treatment of other
						bidders.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.2 - Mistakes Discovered Before Opening

Current through June 25, 2024
A bidder may correct mistakes discovered before the time
						and date set for bid opening by withdrawing or correcting the bid as provided
						in Section 3-202.09 (Pre-Opening Modification or Withdrawal of
						Bids).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.3 - Confirmation of Bid

Current through June 25, 2024
When the Chief Procurement Officer knows or has reason
						to conclude that a mistake has been made, such officer should request the
						bidder to confirm the bid. Situations in which confirmation should be requested
						include obvious, apparent errors on the face of the bid or a bid unreasonably
						lower than the other bids submitted. If the bidder alleges a mistake, the bid
						may be corrected or withdrawn if the conditions set forth in Subsections
						3-202.12.4 through 3-202.12.6 of this section are met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.4 - Mistakes Discovered After Bid Opening But Before Award › Section 12-9-3-202.12.4.1 - Minor Informalities

Current through June 25, 2024
Minor informalities are matters of form rather than
						  substance evident from the bid document, or insignificant mistakes that can be
						  waived or corrected without prejudice to other bidders; that is, the effect on
						  price, quantity, quality, delivery, or contractual conditions is negligible.
						  The Chief Procurement Officer shall waive such informalities or allow the
						  bidder to correct them depending on which is in the best interest of the State.
						  Examples include the failure of a bidder to:
(a) return the number of signed bids required
						by the agency in the Invitation for Bids;
(b) sign the bid, but only if the unsigned
						bid is accompanied by other material indicating the bidder's intent to be
						bound; or,
(c) acknowledge receipt
						of an amendment to the Invitation for Bids, but only if it is clear from the
						bid that: the bidder received the amendment and intended to be bound by its
						terms; or, the amendment involved had a negligible effect on price, quantity,
						quality, or delivery.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.4 - Mistakes Discovered After Bid Opening But Before Award › Section 12-9-3-202.12.4.2 - Mistakes Where Intended Correct Bid is Evident

Current through June 25, 2024
If the mistake and the intended correct bid are
						  clearly evident on the bid document, the bid shall be corrected on the intended
						  correct bid and may not be withdrawn. Examples of mistakes that may be clearly
						  evident on the bid document are typographical errors, errors in extending unit
						  prices, and arithmetical errors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.4 - Mistakes Discovered After Bid Opening But Before Award › Section 12-9-3-202.12.4.3 - Mistakes Where Intended Correct Bid is Not Evident

Current through June 25, 2024
A bidder may be permitted to withdraw a low bid if:
(a) a mistake is clearly evident on
						the bid document, but the intended correct bid is not similarly evident; or,
(b) the bidder submits proof of
						evidentiary value which clearly and convincingly demonstrates that a mistake
						was made.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.5 - Mistakes in Bids Discovered After Award

Current through June 25, 2024
Mistakes shall not be corrected after award of the
						contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.12 - Mistakes in Bids › Section 12-9-3-202.12.6 - Determinations Required

Current through June 25, 2024
When a bid is corrected or withdrawn, or correction or
						withdrawal is denied, under Subsections 3-202.12.4 or 3-202.12.5 of this
						section, the Chief Procurement Officer or the Agency Head shall prepare a
						written determination showing that the relief was granted or denied in
						accordance with these regulations, except that the Chief Procurement Officer
						shall approve the determination required under Subsection 3-202.12.4.1 as to
						minor informalities. The written determination shall become a part of the
						Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.13 - Bid Evaluation and Award › Section 12-9-3-202.13.1 - General

Current through June 25, 2024
The contract is to be awarded to the lowest responsive
						and responsible bidder. . See Section 3-202.01(g) (Competitive Sealed Bidding,
						Award) of these regulations. The Invitation for Bids shall set forth the
						requirements and criteria which will be used to determine the lowest responsive
						and responsible bidder. No bids shall be evaluated for any requirement or
						criterion that is not disclosed in the Invitation for Bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.13 - Bid Evaluation and Award › Section 12-9-3-202.13.2 - Service/End Product Acceptability

Current through June 25, 2024
The Invitation for Bids shall set forth any evaluation
						criterion to be used in determining acceptability. It may require the
						submission of descriptive literature, technical data, or other material. It may
						also provide for accomplishing any of the following prior to award:
(a) inspection or testing of a product prior
					 to award for such characteristics as quality or workmanship;
(b) examination of such elements as
					 appearance, finish, taste, or feel; and/or,
(c) other examinations to determine whether
					 it conforms with any other purchase description requirements.
The acceptability evaluation is not conducted for the
						purpose of determining whether one bidder's item is superior to another but
						only to determine that a bidder's offering is acceptable as set forth in the
						Invitation for Bids. Any bidder's offering which does not meet the
						acceptability requirements shall be rejected as non-responsive. A written
						determination of non-responsiveness shall be maintained in the Agency
						Procurement File. The bidder shall be promptly notified in writing by certified
						mail and/or electronic submission of the determination of non-responsiveness
						and the reasons therefor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.13 - Bid Evaluation and Award › Section 12-9-3-202.13.3 - Determination of Lowest Bidder

Current through June 25, 2024
Following determination of acceptability as set forth in
						Subsection 3-202.13.2 (Service/End Product Acceptability), if determination of
						acceptability is required, bids will be evaluated to determine which bidder
						offers the lowest cost to the State in accordance with the evaluation criteria
						set forth in the Invitation for Bids. Only objectively measurable criteria
						which are set forth in the Invitation for Bids shall be applied in determining
						the lowest bidder.
Examples of such criteria include, but are not limited
						to, guaranteed buy back and ownership or life-cycle cost formulas. Evaluation
						factors need not be precise predictors of actual future costs, but to the
						extent possible such evaluation factors shall be reasonable estimates based
						upon information the State has available concerning future use, and shall treat
						all bids equitably. The determination of lowest bidder shall be made in writing
						and maintained in the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.13 - Bid Evaluation and Award › Section 12-9-3-202.13.4 - Restrictions

Current through June 25, 2024
Nothing in this section shall be deemed to permit a
						contract award to a bidder submitting more comprehensive services than that
						designated in the Invitation for Bids if such bidder is not also the lowest
						bidder as determined under Subsection 3-202.13.3 (Determination of Lowest
						Bidder) of this section. Further, negotiations are not permitted with any
						bidder.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.14 - Low Tie Bids › Section 12-9-3-202.14.1 - Definition

Current through June 25, 2024
Low tie bids are low responsive bids from responsible
						bidders that are identical in price, including cash discounts offered for
						prompt payment, and meet all the requirements and criteria set forth in the
						Invitation for Bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.14 - Low Tie Bids › Section 12-9-3-202.14.2 - Award

Current through June 25, 2024
The prime criterion for making an award where tie bids
						are involved shall be in compliance with Mississippi Code Annotated
						§§
											31-7-15(1)
						and
						31-7-47,
i.e.,
that resident vendors shall be given preference over
						nonresident vendors. An award shall not be made by drawing lots, except as set
						forth below, or by dividing business among identical bidders. In the discretion
						of the Agency Head, award shall be made in any permissible manner that will
						discourage tie bids. If no permissible method will be effective in discouraging
						tie bids, and a written determination is made so stating, award may be made by
						drawing lots. In such case, those bidders involved shall be invited to attend
						the procedure. The written determination shall be maintained in the Agency
						Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.14 - Low Tie Bids › Section 12-9-3-202.14.3 - Records of Tie Bids

Current through June 25, 2024
Records should be made of all Invitations for Bids on
						which tie bids are received showing at least the following information:
(a) the identification number of the
					 Invitation for Bids;
(b) the
					 service; and,
(c) a listing of all
					 bidders and the prices submitted.
A copy of each such record shall be sent to the
						PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.15 - Documentation of Award

Current through June 25, 2024
Following award, a report showing the basis for
					 determining the successful bidder shall be made a part of the Agency
					 Procurement File. This shall include an analysis as to why the personal or
					 professional services contract was awarded, renewed, or amended to be published
					 in accordance with Section 3-202.16 (Publicizing Award).
The report shall list the names of all potential bidders
					 who submitted a bid. The report shall rank bidders in order of evaluation and
					 shall recommend the selection of a bidder, as appropriate, for a contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.16 - Publicizing Award

Current through June 25, 2024
Written notice of award shall be sent to all bidders and
					 copies of such notices shall be maintained in the Agency Procurement File. The
					 public notice of award must be accompanied by an analysis describing why the
					 personal or professional services contract was awarded, renewed, or amended.
					 The Chief Procurement Officer shall publish a notice on the agency's website
					 and the Mississippi Contract/Procurement Opportunity Search Portal website
					 summarizing the award of the contract, which shall include but not be limited
					 to, the nature, duration and amount of the contract, the name of the bidder and
					 a statement that the contract is on file and available for public inspection in
					 the office of the Chief Procurement Officer.