reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.1 - Overview

Current through June 25, 2024
The Mississippi Capital Access Program, administered by the
				  Mississippi Development Authority (MDA), is designed to increase the
				  availability of financing for borrowers who for various reasons might have
				  difficulty in obtaining conventional loans. The essential element of the
				  program is a loan secured by proceeds of a public contract ("Contract Loan").
				  The loan will be made on the basis of a construction contract with a public
				  entity having been awarded to the borrower.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.2 - Definitions

Current through June 25, 2024
For the purpose of this program, the "socially and
				  economically disadvantaged" shall have the meaning ascribed to such term under
				  the Small Business Act ( 15 U.S.C., Section 637 [a] and shall include woman.
				  Businesses qualifying as minority or women owned must sign a notarized
				  affidavit indicating ownership.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.3 - Proper Use of CAP Loans

Current through June 25, 2024
Contract loans may be used for cost associated with a
				  construction project or construction related contract being used as collateral
				  for each loan. A properly notarized "letter to redirect funds" may be
				  substituted in lieu of a contract with certain governmental agencies. Such
				  letters must be pre-approved by the Mississippi Development Authority. In the
				  event the contract involves a subcontractor, the subcontractor may also apply
				  for the Capital Access Contract Loan. In this case, the prime contractor or
				  other qualified entities must agree to pay the subcontractor's loan amount
				  directly to the lending institution. The maximum amount that may be loaned to
				  anyone borrower is the greater of $75,000.00 or 75% of the contract amount.
				  This loan program has a limit of three loans per borrower. The loan may not be
				  used in conjunction with any other State finance program. The Mississippi
				  Development Authority may at its discretion require control of use and
				  disbursement of funds on these loans. The applicant will be responsible for the
				  cost of all fees associated with the loan.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.4 - Improper Use of CAP Loans

Current through June 25, 2024
Capital Access Contract Loans are not available under the
				  following circumstances:
A. To pay off
				existing debt for consolidation purposes;
B. If the direct or indirect purpose or
				result would be to pay off creditors of applicants who are inadequately secured
				or in a position to sustain a loss;
C. If the assistance would, directly or
				indirectly, provide or replenish funds for payment, distribution, or a loan to
				owner, partners, or stockholders of the Small Business and would not change the
				ownership interest of the business (does not apply to ordinary compensation for
				services rendered in the course of business);
D. If the loan funds would provide funds for
				speculation in a any kind of property; or if the assistance would finance the
				acquisition, construction, improvement, or operation of real property which is
				to be held primarily for sale or investment;
E. If the loan is for construction or
				purchase of residential housing.
Each loan made under the Capital Access Contract Loan Program
				  must be approved by the Mississippi Development Authority.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.5 - Eligibility

Current through June 25, 2024
An eligible Financial Institution is any commercial bank,
				  savings bank, or association domiciled or qualified to do business in the State
				  and other types of financial institutions, including but not limited to Small
				  Business Investment Corporations, (Hereafter referred to as "Financial
				  Institution"). For the purpose this loan program, the participating Financing
				  Institutions will be those that have qualified to participate in the Capital
				  Access Loan Program.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.6 - Eligible Businesses

Current through June 25, 2024
Businesses, which are eligible to participate in the Capital
				  Access Program, must fall into one of the following categories:
A. A Small Business, which is defined as any
				independently owned and operated for-profit, commercial enterprise domiciled in
				the State with less than 50 full-time employees. Owner(s) must have completed
				the Model Contractor Development Program or completed the small business
				training programs offered through the Entrepreneur Center; or
B. A Small Disadvantaged Business, which is
				publicly owned with at least 51 % of its stock unconditionally owned by one or
				more socially and economically disadvantaged individuals, and whose management
				and daily operation is controlled by one or more such individuals; or
C. A Minority Business that meets the
				definition of a minority or woman owned business. A minority or woman owned
				business is a business enterprise, which is socially and economically
				disadvantaged and owned and operated by one or more women or eligible
				minorities. The business must be organized for profit and perform a
				commercially useful function.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.7 - Sole Proprietorship Restriction

Current through June 25, 2024
If the Small Business is a sole proprietorship, the owner
				  must be a resident citizen of the State of Mississippi and if the business is a
				  corporation or partnership, at least 51 % of the owners must be resident
				  citizens of Mississippi.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.8 - Ability to Repay

Current through June 25, 2024
The small business must be credit-worthy and demonstrate the
				  ability to repay the loan, the ability to successfully fulfill the contract
				  being used as collateral, must be in compliance with all state and federal
				  regulatory agencies, and must not be in default on any previous debt or
				  obligation with the state or federal government.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.9 - Ineligible Small Businesses

Current through June 25, 2024
Small Businesses that are not eligible for assistance under
				  this program are:
A. Charitable
				institution or nonprofit enterprise; or
B. Newspaper, magazine, radio, television
				broadcasting company, or similar enterprise through which editorial opinions
				are expressed; or
C. Businesses
				engaged in lending, directly or indirectly;
D. Immediate relatives of any current staff
				or board members of a Financial Institution.
E. Immediate relative is defined as a spouse,
				parent, child or sibling of the applicant.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.10 - Use of Loan Proceeds

Current through June 25, 2024
MS CAP may be used to finance costs associated with the
				  creation or expansion of a Small Business, including fixed assets, working
				  capital, start-up costs, rental payments, interest expense during construction,
				  and professional fees related to the project. The maximum amount that may be
				  loaned to anyone borrower is $150,000. The Loan may not be used in conjunction
				  with any other State finance program.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.11 - Restriction on Use

Current through June 25, 2024
The Financial Institution sets the terms and conditions of
				  the MS CAP loan. However, the funds cannot be used to pay off:
A. Existing debt and/or creditors;
				or
B. Consolidation
				purposes;
C. Construction or
				purchase of residential housing; or real property that is held primarily for
				sale or investment.
Each MS CAP Loan must be approved by MDA to qualify for the
				  program.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.12 - Contribution Outline

Current through June 25, 2024
A.
Small Business
A minimum of 1.5% of the loan amount; A maximum of 3.5%
B.
Financial Institutions
Will match the amount deposited by the Small Business
						  (The Financial Institution may recover all or part of its contribution from the
						  Small Business in the form of loan proceeds or cash injection)
C.
Capital Access Program
Will match the total amount contributed by the Financial
						  Institution and the Small Business.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.13 - Loan Terms

Current through June 25, 2024
The interest rate on this loan program shall be 0%. The
				  length of the secured contract shall dictate the length of the
				  loan.
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 2 - Community Foundations COVID-19 Grant Program › Chapter 4 - Mississippi Capital Access Contract Loan Program (MS CAP) › Rule 6-2-4.14 - Applications

Current through June 25, 2024
Interested borrowers should contact a participating
				  financial institution and for any additional information pertaining to the
				  Mississippi Capital Access Program, please contact:
MISSISSIPPI DEVELOPMENT AUTHORITY
Financial Resources Division
Post Office Box 849
Jackson, MS 39205
Telephone: (601) 359-3552 or Fax: (601)
				  359-3619
Miss. Code Ann. §
										57-69-5
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.1 - Purpose

Current through June 25, 2024
The Mississippi Energy Investment Program ("Energy
				  Investment Program"), administered by the Mississippi Development Authority
				  ("MDA") is designed for making loans to qualified borrowers (the "Borrower") to
				  promote development and demonstration of efficient, environmentally acceptable
				  and commercially feasible technologies, techniques and processes while
				  effectively utilizing the state's existing alternative and conventional energy
				  resources to foster economic and social growth. Funding for the loans to the
				  Borrower is derived from the appropriated funds which were a part of the
				  Petroleum Violation Escrow Fund, M.D.L. 378 Oil Overcharge funds. The Energy
				  Investment Program was enacted pursuant to Section
				  57-39-43,
				  Miss. Code of 1972, as amended, and In Re: The Department of Energy Stripper
				  Well Exemption Litigation, United States District Court, Kansas, M.D.L. No.
				  378, 1986 (jointly the "Act").
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.2 - Eligibility

Current through June 25, 2024
In order to obtain assistance under the Energy Investment
				  Program, the applicant must be declared financially sound and capable of
				  repaying the loan and must meet one of the following criteria:
A. Corporation;
B. Partnership;
C. Hospital (Public and private
				"non-profit");
D. Institutions of
				higher learning;
E. Community
				Colleges;
F. Schools (public or
				private);
G. Local Government
				entities;
H. Sole
				Proprietors
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.3 - Eligible Projects

Current through June 25, 2024
Eligible projects include retrofits and energy design
				  process developments. The improvement must promote the development and
				  demonstration of efficient, environmentally acceptable and commercially
				  feasible technology and processes, and must also utilize Mississippi's existing
				  energy resources, public utilities and/or developing resources to foster
				  economic growth. In order for a project to be eligible to receive such
				  assistance, the project must qualify pursuant to the two (2) phase eligibility
				  requirements provided below:
A. Phase
				1 Structural Eligibility: The structure, which is to be the target for the
				installation of energy efficiency measures will be financed with the proceeds
				of a loan, shall be considered eligible only if it is an existing structure
				that is at least one (1) year old, owned, occupied and used by the Borrower
				and,
is not:
(i). Classified as
				condemned or scheduled for demolition; or,
(ii). Leased or rented by the applicant from
				another party unless the landlord has given the tenant written permission to
				proceed with the installation; or,
(iii). Encumbered by a real estate
				transaction or purchase option; or,
(iv). Included on the National Register of
				Historic Landmarks and Sites maintained by the U.S. Secretary of the interior
				or, if included, has received approval of the Mississippi Department of History
				and Archives to perform the work; or,
(v). Encumbered by subordinated mortgages,
				mechanics, or materialmen's, and/or any other types of liens that would prevent
				MDA from obtaining a security interest.
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.4 - General Loan Terms

Current through June 25, 2024
The maximum amount, which may be loaned from the Energy
				  Investment Program to finance any one (1) project, Five Hundred Thousand
				  Dollars ($500,000). The fixed rate of interest which shall be set at the time
				  the application is approved, will be two percent (2.0%) below the New York
				  Prime Rate with a term not to exceed ten (10) years. The term and the repayment
				  schedule will be established by MDA.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.5 - Liens and Collateral

Current through June 25, 2024
Eachloan will be secured by a lien of such type that
				  provides adequate security for MDA to recover its investment in case of default
				  on the loan. Liens may be in the form of personal guarantees, liens on the
				  equipment, measures installed or security interest in other assets or a
				  combination of the afore-mentioned. Personal guarantees of all principles
				  owning 20% or more of the business is required. It should be noted MDA will
				  require a one percent (1%) good faith deposit on projects involving real estate
				  pledged as collateral. In the case of projects for local government entities
				  and public schools, MDA will require a pledge and assignment of tax revenues
				  collected by such entity.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.6 - Borrower Application Process

Current through June 25, 2024
The application to be submitted by a Borrower must
				  include:
A. The purpose of the proposed
				loan including a list of eligible items and the cost of each;
B. The estimated cost of the total project
				with a detailed breakdown of all public and private sources of
				funding;
C. The time schedule for
				implementation and completion of the project, evidencing an expeditious
				completion of the project;
D.
				Submit company balance sheets, income statements and statements of cash flow
				for
E. the previous three (3)
				fiscal years and current statements dated within ninety (90) days
F. of application;
G. Detailed project description, including
				pictures.
H. For local government
				entities and public schools:
(i). Certified
				proof of publication of the Resolution of Intention of the government entity to
				apply for an Energy Investment Program loan. The Resolution must be published
				once a week for at least four (4) consecutive weeks in a newspaper having
				general circulation in the county;
(ii). Upon receiving the results of the
				publication of the Resolution of Intention, the government entity will need to
				provide MDA with an execution Resolution of No Protest;
(iii). Opinion of counsel from the public
				schools and/or local government entity addressing the authority to borrow under
				the Energy Investment Program and to pledge a tax base as collateral for such
				loan; and
(iv). Most recent audited
				financial statements
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.7 - Loan Closing

Current through June 25, 2024
Based upon the terms and conditions established by MDA, MDA
				  will prepare all security and loan documents, including but not limited to, the
				  Loan Agreement and Promissory Note, (collectively "Loan Documents"). Prior to
				  disbursement of any funds, all Loan Documents must be fully executed. At the
				  time of the closing, the Borrower will be responsible for providing to MDA a
				  one percent (1%) closing/servicing fee and the cost of Energy Analysis. The
				  Cost of the Energy Analysis for the borrower will be capped at $3,500.
				  Additional cost, if applicable, will be the responsibility of MDA. The Borrower
				  will also be responsible for paying for all costs associated with the closing
				  of the loan, including searches and filing fees.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.8 - Reimbursement Process

Current through June 25, 2024
The MDA will release loan funds on a reimbursement or
				  services rendered basis for approved eligible costs of the project as incurred.
				  The Borrower shall certify to MDA that the expenses were incurred and were in
				  accordance with the project as approved by MDA. Funds will be released
				  periodically upon receipt of supporting documentations from the Borrower based
				  upon a scheduled established by MDA.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.9 - Audit

Current through June 25, 2024
Loans made under the Energy Investment Program are subject
				  to audit by the State Department of Audit.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.10 - Waiver

Current through June 25, 2024
These guidelines may be amended by MDA at anytime. MDA, in
				  its discretion, may temporarily waive any requirement of the guidelines to the
				  extent that the result of such waiver is to promote the public purpose of the
				  Act and is not prohibited by State Law.
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 1 - Mississippi Energy Investment Loan Program › Rule 6-3-1.11 - Inquiries and Applications

Current through June 25, 2024
Program inquiries and applications should be directed to the
				  following mailing address:
A.
				Mississippi Development Authority
Mississippi Energy Investment Program
Energy and Natural Resources Division
Post Office Box 849
Jackson, Mississippi 39205-0849
Telephone: (601) 359-6000
Fax: (601)359-6642
Website:
www.mississippi.org
Miss. Code Ann. §
										57-39-43
				  (Rev. 2008)
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.1 - Purpose

Current through June 25, 2024
Mississippi Development Authority (MDA) promulgates the
				  following policy and procedures in accordance with Section
				  31-7-14
				  of the Mississippi Code of 1972, as amended, to provide for the approval of
				  "energy saving performance contracts" (ESPC) and "shared savings contracts"
				  between public entities and Energy Service Companies (ESCO) wherein energy
				  savings and related cost savings are guaranteed over a period of time not to
				  exceed 20 years by the performance contractors.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.2 - Responsibility

Current through June 25, 2024
MDA-Energy and Natural Resources Division (MDA-ENRD)'s role
				  in evaluating "energy saving performance contracts" and "shared savings
				  contracts" under Section
				  31-7-14(4)
				  (b) is to ensure that entities can rely upon
				  projected and guaranteed energy savings and related cost savings. Consequently,
				  these policies and procedures for "energy saving performance contracts" and
				  "shared savings contracts" are developed in order for MDA-ENRD to make
				  determinations that contracts conform to the law.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.3 - Contracts within MDA's Purview

Current through June 25, 2024
Contracts authorized in Section
				  31-7-14(4)
				  (b) differ from "energy services contracts"
				  authorized in Section
				  31-7-14(1)
				  (b) that do not require MDA-ENRD involvement
				  and do not require energy or cost savings to be guaranteed. Projects where
				  there are minimal scientifically quantifiable and measurable energy savings,
				  i.e., MDA-ENRD's expertise is not required, may be pursued under this Section
				  31-7-14(1)
				  (b) as "Energy Services Contract."
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.4 - General Contract Construction

Current through June 25, 2024
MDA-ENRD will construe proposed contracts submitted pursuant
				  to 31-7-14(6) so that economic benefits to the entity may be maximized.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.5 - Energy Savings or Shared Savings Contracts

Current through June 25, 2024
Any state agency or local governing authority (entity), as
				  defined in Section
				  31-7-1
				  subparagraphs (a) and (b) respectively of the Mississippi Code of 1972, as
				  amended, may contract on a shared savings or energy saving performance contract
				  basis for:
(i) energy efficiency
				equipment;
(i) services relating
				to the installation, operation or maintenance of equipment;
(ii) improvements reasonably required to
				existing or new equipment and existing or new improvements and facilities; and
(iii) alternative fuel motor
				vehicles including vehicles that have been converted to such and ancillary
				equipment related to or associated with the fueling of alternative fuel motor
				vehicles.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.6 - Multiple Contracts

Current through June 25, 2024
Section
				  31-7-14
				  does not prohibit an entity from entering into a companion "energy services
				  contract" at the same time it enters into an "energy savings performance
				  contract" or "shared savings contract." Any such dual-purpose contract must
				  clearly state its dual nature under the law and distinguish the guaranteed
				  portion by including a separate scope of work for such contract as a specific
				  addendum.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.7 - Energy Saving Performance Contract/Shared Savings Contract Defined

Current through June 25, 2024
An "energy saving performance contract" or "shared savings
				  contract" means an agreement to provide energy services which include, but are
				  not limited to, the design, installation, financing and maintenance or
				  management of the energy systems or equipment in order to improve its energy
				  efficiency.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.8

Current through June 25, 2024
The total "energy saving performance contract" or "shared
				  savings contract" may not have a payback period longer than 20 years.
				  Individual Energy Conservation Measures (ECMs) may have payback periods longer
				  than 20 years; however, the combined payback for the ESPC must be less than or
				  equal to 20 years. Per Section
				  31-7-14,
				  Miss. Code, the
useful life
of each energy system or equipment
				  shall meet or exceed the term of the contract to be considered an eligible
				  measure. Eligible ECMs are any type of project or technology implemented to
				  reduce the consumption of energy systems or equipment. ECMs should provide
				  long-term operation cost reductions or significantly reduce energy and/or water
				  consumed.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.9 - Guaranteed Savings

Current through June 25, 2024
The energy savings plus related cost savings are guaranteed
				  by the ESCO and must be used to repay the cost of the project. The guaranteed
				  savings must be more than sufficient to pay the total costs of the project over
				  the guarantee period. The terms of any shared savings or energy saving
				  performance contract entered into must contain a guarantee of savings clause
				  from the performance contractor.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.10 - Shared Savings Contract/Energy Saving Performance Contract Differences

Current through June 25, 2024
A "shared savings contract" differs from an "energy saving
				  performance contract" in that the ESCO and the entity each receive a pre-agreed
				  percentage or dollar value of the energy cost savings over the life of the
				  contract, rather than the contractor receiving a fee.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.11 - Contractual Terms

Current through June 25, 2024
(A) The terms of
				any performance contract or shared savings contract for efficiency services and
				equipment entered into under this section shall not exceed 20 years.
(B) All contracts must contain the following
				annual allocation dependency clause:
The continuation of this contract is
				  contingent upon the appropriation of funds to fulfill the requirement of the
				  contract by the Legislature or other budgeting authority. If the Legislature or
				  other budgeting authority fails to appropriate sufficient monies to provide for
				  the continuation of the contract, the contract shall terminate on the last day
				  of the fiscal year for which appropriations were made. The termination shall be
				  without penalty or expense to the entity of any kind whatsoever, except as to
				  the portions of payments for which funds were appropriated.
(C) All contracts must
				contain a provision for termination of the contract for cause.
(D) All contracts must contain a provision
				for termination for convenience by the entity.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2015).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 4 - Energy Savings Performance Contracting Policies and Procedures › Rule 6-3-4.12 - Program Requirements and Definitions

Current through June 25, 2024
(A) "Eligible
				Energy Conservation Measures (ECMs)" are energy systems or equipment listed
				below:
(i) heating, ventilation, and air
				conditioning systems;
(ii)
				lighting;
(iii)windows;
(iv) insulation;
(v) energy management controls;
(vi) life safety measures that provide
				long-term operating cost reductions;
(vii) building operation programs that reduce
				operating costs;
(viii) renewable
				energy systems and equipment;
(ix)
				water conservation systems and equipment, including accuracy and measurement of
				water distribution and/or consumption;
(x)
				 facilities improvements or enhancements directly related to the
				above;
(xi)  alternative fuel motor
				vehicles including vehicles that have been converted to such and ancillary
				equipment related to or associated with the fueling of alternative fuel
				vehicles; and
(xii)other equipment,
				services and improvements providing energy efficiency as determined by the
				division.
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.1 - Purpose

Current through June 25, 2024
The Mississippi Development Authority (MDA) is tasked with
				  adopting energy code standards for buildings, except low-rise residential
				  buildings, in accordance with Standard 90.1-2016 of the American Society of
				  Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), for building
				  construction, standards for computer-based energy management systems, standards
				  for systems for cogeneration of heating, cooling and electricity, and standards
				  for design to use passive solar energy concepts, in order to promote the
				  efficient use of energy.
Miss. Code
				  Ann. §
										57-39-21.
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.2 - Adoption by Reference

Current through June 25, 2024
MDA hereby adopts by reference ASHRAE Standard 90.1-2016. A
				  copy of the incorporated Standard 90.1-2016 is available on ASHRAE's website,
www.ashrae.org
.
Contact Information:
Mississippi Development Authority
Attn: Energy and Natural Resources Division
P.O. Box 849 Jackson, MS 39205
(601) 359-3449
Miss. Code
				  Ann. §
										57-39-21.
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.3 - Intent of Selection Process

Current through June 25, 2024
The primary intent of this selection process is:
A. To increase the number of successful
				energy savings projects state-wide
B. To provide Mississippi's public entities
				the opportunity to procure services from qualified firms in a timely and
				cost-effective way
C. To ensure
				minimum qualifications of ESPs to implement successful energy savings projects
D. To offer all qualified firms
				the opportunity of equal access to energy savings projects
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.4 - Compliance with Terms and Conditions of RFQ

Current through June 25, 2024
ESPs that desire to be qualified must comply with all terms
				  and conditions of this RFQ. ESPs that are qualified by the State of Mississippi
				  and awarded an ESC, GESPC or SSC pursuant to subsequently issued Requests For
				  Proposals (RFPs) or Requests for Qualifications (RFQs) by Mississippi public
				  entities, will be required to comply with all requirements contained in the
				  State's standard RFQ and standard energy audit and energy savings contracts.
				  Non-protected versions of these documents will be provided to public entities
				  after the Energy and Natural Resources Division has received written
				  notification of their intent to issue an RFP/RFQ.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.5 - Notice of Intent to Issue RFQ

Current through June 25, 2024
Pursuant to MS Code 31-7-14, each public entity shall notify
				  the Division in writing in advance of its intention to issue a Request for
				  Proposals or a Request for Qualifications for an energy services contract,
				  guaranteed energy savings performance contract, or shared savings contract.
A. Through this RFQ the State of
				Mississippi will establish a pool of ESPs qualified by the Mississippi
				Development Authority-Energy & Natural Resource Division (hereafter
				referred to as the Division) to contract with requesting public entities for
				energy savings projects.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.6 - Submittal and Selection Process

Current through June 25, 2024
A. All ESP
				submittals to the RFQ shall become the property of MDA and will not be
				returned.
B. No specific work is
				associated with this RFQ; participation by ESPs in this program is voluntary.
C. The actual extent of services
				required under any contract as a result of this solicitation is not known.
D. No individual firm is assured
				of obtaining any work as a result of being pre-qualified.
E. The roles, responsibilities and
				requirements of the ESP are outlined in the ESP Base Agreement.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.7 - Submittal Instructions

Current through June 25, 2024
A. MDA reserves the
				right to reject any or all submittals on the basis of being unresponsive to
				these guidelines or for failure to disclose requested information.
B. MDA shall not be liable for any costs
				incurred by respondents in the preparation of submittals.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.8 - Communications Regarding this RFQ

Current through June 25, 2024
Questions and requests for clarification on this RFQ must be
				  submitted in writing following the instructions posted in the Notice. No verbal
				  inquiries will be addressed. Communication with the Selection Committee, the
				  Energy and Natural Resources Division, or others associated with this RFQ is
				  prohibited.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.10 - Responses to Inquires

Current through June 25, 2024
Written inquires and responses will be available on MDA's
				  website.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.11 - Pre-Qualification

Current through June 25, 2024
A Selection Committee will review and score proposals and
				  make recommendations to the Energy and Natural Resources Division. The past
				  energy project experience of individual ESP team members will be considered and
				  given credit as appropriate. ESPs that are selected for pre-qualification shall
				  sign a Pre-Qualification List Agreement prior to being listed as a
				  pre-qualified ESP.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.12 - The Pre-Qualified List Agreement

Current through June 25, 2024
The pre-qualified agreement will be for a two (2) year
				  period, subject to satisfactory annual performance reviews. ENRD will monitor
				  and review ESP performance for compliance with the Pre-Qualified List
				  Agreement. There is no right or expectation of renewal and any renewal will be
				  determined at the discretion of ENRD. New submittals will be accepted for
				  consideration (or re-consideration) upon receipt of an application and if
				  approved, be valid for the remainder of the pre-qualification period. Changes
				  in ownership or other factors can be submitted at any time for consideration.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.13 - Selection for Projects

Current through June 25, 2024
A public entity that engages in the MEESP will use a
				  secondary selection process to select an ESP to implement an ESC, GESPC or SSC
				  in the public entity's facilities, pursuant to MS Code 31-7-14. This
				  pre-qualification process does not serve as an endorsement of any energy
				  service provider that meets the criteria as set forth in the RFQ to be on the
				  pre-qualification list.
A. This list
				only provides a listing of eligible companies that can engage in a secondary
				selection RFP OR PRQ process as outlined in Miss. Code Ann. §
									31-7-14
				initiated by a public entity.
Firms that are not found on the pre-qualification list of
				  eligible energy service providers are ineligible to participate in the program.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.14 - Data Collection and Reporting - Using eProject Builder (ePB)

Current through June 25, 2024
eProject Builder ("ePB") is a web-based tool managed on
				  behalf of the U. S. Department of Energy (DOE) by The University of
				  California/Lawrence Berkeley National Laboratory (LBNL). ePB enables ESCO and
				  their customer or other entities to:
A. upload and track project-level
				information;
B. generate basic
				project reporting materials (e.g. task order schedules) that may be mandated by
				local, state, and/or federal agency requirements; and
C. benchmark proposed ESPC projects against
				historical project data;
D. ESPs
				shall collect and report project data on behalf of public entities and with
				approval by public entities entered on the LBNL website (
http://eprojectbuilder.lbl.gov
)
				at the specified times in accordance with Miss. Code Ann. Section
				31-7-14.
				MEESP will also be identified as a Project Viewer for all projects entered into
				the ePB database.
E. Based on
				information provided by the ESCO, the parties agree that the data required to
				be delivered to LBNL under this clause has commercial value whose disclosure
				would cause competitive harm to the commercial value or use of the data. LBNL
				intends to withhold such data from disclosure under
				10
				C.F.R. 1004.3(e)(2). The use
				of this data is governed by the provisions of this Agreement. Unless compelled
				by a court of competent jurisdiction, there may be no release of this data to
				the public without the written consent of the User and DOE. Aggregate data that
				does not identify project-specific metric information may be released as set
				forth in the Agreement. Other information required to be delivered under this
				Agreement, but not covered under this Commercially Valuable ESPC Project Data
				clause, shall be delivered in accordance with this Agreement.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.15 - Rejection of Responses

Current through June 25, 2024
The MDA reserves the right to reject any and all
				  applications received from ESPs as a result of this request.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.16 - ESP Qualification

Current through June 25, 2024
The ENRD's approval of an ESP's application via written
				  notification shall establish the official "Qualified" status of the ESP as
				  eligible to compete to perform the required services requested by the State's
				  public entities. It shall also constitute a commitment by which the ESP agrees
				  to comply with all statutory and contractual provisions during the three-year
				  "Qualification Period".
A. Upon
				notification of qualification by the ENRD, the period of ESP qualification will
				be valid for a period of two (2) years. Other ESPs may apply to be qualified by
				ENRD at any time during the two (2) year-period, however, such qualified status
				will only be valid for the remaining duration of the three-year period. The
				Division shall either accept or reject an application for prequalification from
				an energy services provider within sixty (60) days after receipt. If the
				Division fails to act within sixty (60) days from the date of receiving an
				application, then the application shall automatically be accepted and the
				energy services provider shall be added to the prequalified list.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.17 - Incurring Costs

Current through June 25, 2024
The State of Mississippi is not liable for any cost or
				  expenses incurred by the ESPs in the preparation of their responses to this
				  RFQ.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.18 - Prime Contractor Responsibilities

Current through June 25, 2024
Each ESP who is successfully qualified and selected as a
				  contractor under an RFP will be considered a prime contractor. Each ESP
				  selected to contract with the State's public entities will be required to
				  assume full responsibility for delivery of all services for each facility as
				  specified in the RFP or RFQ and included in the final contract. Further, each
				  public entity will consider the selected ESP to be the sole point of contact
				  concerning all contractual matters for the duration of the contract term.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.19 - State of Mississippi Commercial Contractor's License

Current through June 25, 2024
The ESP must maintain a valid State of Mississippi
				  Commercial Contractor's License with any special class that covers the work
				  they will be performing. The relevant Commercial Contractor's Special Classes
				  are, but not limited to:
A. Energy
				Conservation,
B. Energy Control
				Equipment,
C. Energy Management
				and
D. Mechanical Work.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.20 - Disclosure of RFQ Response Contents

Current through June 25, 2024
The approved applications are not confidential. Material
				  submitted becomes the property of the State of Mississippi.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.21 - Addenda to the RFQ

Current through June 25, 2024
If it becomes necessary to revise any part of this RFQ,
				  addenda will be provided to all ESPs who received the original RFQ, through the
				  MDA Procurement Office.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).
Mississippi Administrative Code › Title 6 - Economic Development › Part 3 - Energy › Chapter 5 - Energy Efficiency Standards for Buildings › Rule 6-3-5.22 - Debriefing Conference

Current through June 25, 2024
ESPs whose applications are not approved, will be notified
				  and will be given an opportunity to be debriefed. The purpose of the debriefing
				  is not to compare ESPs' applications, but to provide information that may
				  assist the individual ESP in preparing any future applications and to identify
				  areas of concern. The Issuing Officer will schedule the date, time, and
				  location of any and all debriefing conferences.
Miss. Code Ann. §
										31-7-14
				  (Supp. 2017).