reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-6-3.116.05.2 - Indefinite Quantity

Current through June 25, 2024
An indefinite quantity contract is a contract for an
						indefinite amount of supplies or services to be furnished at specified times,
						or as ordered, that establishes unit prices of a fixed-price type. Generally an
						approximate quantity or the best information available as to quantity is stated
						in the solicitation. The contract may provide a minimum quantity the State is
						obligated to order and may also provide for a maximum quantity provision that
						limits the State's obligation to order.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-6-3.116.05.3 - Requirements Contracts

Current through June 25, 2024
A requirements contract is an indefinite quantity
						contract for supplies or services that obligates the State to order all the
						actual requirements of designated using agencies during a specified period of
						time. The obligation to order the State's actual requirements is limited only
						by the provisions of Section
						31-7-12(1),
						Mississippi Code of 1972, Annotated. For the protection of the State and the
						contractor, requirements contracts shall include the following:
(1) A provision which requires the State and
					 any other users named in the solicitation to order their actual requirements of
					 the supplies or services covered. However, the State may reserve in the
					 solicitation and in the resulting contract the right to take bids separately if
					 a particular quantity requirement arises which exceeds the State's normal
					 requirements or an amount specified in the contract.
(2) Three exemptions from ordering under the
					 contract occur when:
(a)The Chief Procurement
					 Officer or the head of a purchasing agency approves a finding that the supply
					 or service available under the contract will not meet a nonrecurring, special
					 need of the buying entity;
(b)Commodities are produced or services are
					 performed incidental to the State's own programs, such as Mississippi
					 Industries for the Blind, that can satisfy the need; or
(c) The Chief Procurement Officer approves a
					 finding that prices obtained in compliance with paragraph (a), (b), or (c) of
					 Section
					 31-7-13,
					 Mississippi Code of 1972, Annotated, provide a cost effective alternative to
					 the established state contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Section 12-6-3.117.01 - Description

Current through June 25, 2024
A lease is a contract for the use of equipment or other
					 commodities under which title will not pass to the State at any time.
					 Subsection 3.117.03, Option Provisions, applies to a lease with purchase option
					 where title may pass to the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Section 12-6-3.117.02 - Use

Current through June 25, 2024
A lease may be entered into provided:
(1) It is in the best interest of the
				  State;
(2) All conditions for
				  renewal and costs of termination are set forth in the lease; and
(3) The lease is not used to circumvent
				  normal procurement procedures.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.03 - Option Provisions › Section 12-6-3.117.03.1 - Contract Provision

Current through June 25, 2024
When a contract is to contain an option for renewal,
						extension, or purchase, notice of such provision shall be included in the
						solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.03 - Option Provisions › Section 12-6-3.117.03.2 - Exercise of Option

Current through June 25, 2024
Before exercising any option for renewal, extension, or
						purchase, the Agency Procurement Officer should attempt to ascertain whether a
						competitive procurement is practical, in terms of pertinent competitive and
						cost factors, and would be more advantageous to the State than renewal or
						extension of the existing contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.03 - Option Provisions › Section 12-6-3.117.03.3 - Lease with Purchase Option

Current through June 25, 2024
Because a purchase option changes the nature of the
						procurement, it has been determined that agencies shall not enter into lease
						contracts which contain a purchase option.
Commentary
The justification for prohibiting the lease with an
						option to purchase has several issues. If an agency were to solicit bids and
						enter into a contract based upon the lowest lease cost, and then, at the end of
						the contract period, determine that they desire to take advantage of a purchase
						option, it is possible that the change from a lease to a purchase would have
						caused a different bidder to actually be the lowest bidder. In addition, during
						a lease, funds generally come from a contractual service fund while in a
						purchase, funds come from the "equipment" budget. If an agency were to lease an
						item for a period of time and then take advantage of the purchase option, they
						would have used "contractual service" funds to purchase equipment. Finally,
						since all lease/purchase by state agencies shall fall under the Master Lease
						Purchase Program, t he implementation of the purchase option would create a
						situation where the agency has lease/purchased the item without using the
						Master Lease Purchase Program.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.04 - Lease-Purchase Contracts › Section 12-6-3.117.04.1 - General

Current through June 25, 2024
Lease-purchase contracts are authorized under Sections
						31-7-10
						and
						31-7-13(m),
						Mississippi Code of 1972, Annotated. These are extended term contracts
						requiring payment over a specified period of time up to the useful life of the
						equipment as determined by the Asset Depreciation Range (ADR) established by
						the Federal Internal Revenue Service. Such contracts almost certainly will
						transcend a fiscal year. Therefore, it is required that any such contract shall
						include a non-appropriation clause. This clause provides that should the
						contract be canceled for nonavailability of funds the equipment shall be
						returned to the lessor with no further obligations on the part of the lessee
						except that all payments due up to the end of the fiscal year in which funding
						was available shall be paid. No agency shall enter into any lease-purchase
						contract without approval of the Department of Finance and Administration. Any
						lease-purchase contract is considered to be a purchase transaction; therefore,
						payments made pursuant to such contracts shall be made from the funding
						category of capital outlay equipment. The universities should preview the
						Institutions of Higher Learning's policies concerning lease-purchase
						contracts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.05 - Multi-year or Short-term Rental Lease Agreements › Section 12-6-3.117.05.1 - General

Current through June 25, 2024
Multi-year or short-term rental lease agreements may be
						used when:
(1) It would promote economy
					 in procurement by obtaining the benefits of reduced monthly rental cost due to
					 extended term rental and sufficient funds are not available for
					 purchase;
(2) The equipment
					 requested is for a special project that would not warrant a purchase as the
					 project is of short duration and with the termination of that project there
					 would be no further need for the equipment; and
(3) Such reason as may be prescribed by law
					 for certain entities.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.05 - Multi-year or Short-term Rental Lease Agreements › Section 12-6-3.117.05.2 - Procedures

Current through June 25, 2024
Subsection 2.103.03, Rental, Lease, Lease-Purchase of
						Equipment and Furniture, sets forth the procedures for state agencies to follow
						when entering into a rental agreement.
Commentary
Careful evaluation of the economics of leasing versus
						buying is required prior to making the decision to award a lease or
						lease-purchase contract. Such evaluation examines the comparative costs of
						leasing and the costs of outright purchase and maintenance, projected as total
						costs for the estimated use of the item, and the consideration of other
						pertinent factors such as continuing need and functional obsolescence or
						inefficiencies which could result from technological advancements.
The question of leasing versus buying involves policy
						matters important to the budget function as well as to procurement, and the
						budget and procurement entities need to collaborate in establishing criteria or
						guidelines applicable to lease and lease-purchase.
Any contract that by the terms of such contract obligates
						the lessee to make payments for any period past the last day of the fiscal year
						in which the contract was entered into shall include a non-appropriation
						clause.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.05 - Multi-year or Short-term Rental Lease Agreements › Section 12-6-3.117.05.3 - Automatic Renewal Clause

Current through June 25, 2024
Agencies shall not enter into contracts which contain an
						automatic renewal clause without first obtaining the written approval of the
						Office of Purchasing, Travel and Fleet Management.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Sec2 12-6-3.117.05 - Multi-year or Short-term Rental Lease Agreements › Section 12-6-3.117.05.4 - Rental Agreement for use by Mississippi Departments and Vendors

Current through June 25, 2024
All rentals under the terms of a state contract must
						utilize the Rental Agreement. In addition, agencies are urged to use the Rental
						Agreement f or all other rentals.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.117 - Lease Contracts › Section 12-6-3.117.06 - Lease Termination

Current through June 25, 2024
Multi-year agreements frequently offer lower monthly rental
					 charges as they carry a certain assurance that the equipment will be in service
					 for the specified time, thereby providing a greater return to the owner on the
					 original investment. Early cancellation of leases may result in termination
					 removal charges. Therefore, only two reasons are considered justifications for
					 requesting cancellation:
(1) Equipment
				  is inoperative or inefficient and the lessor either cannot or will not correct
				  the situation.
(2) Funding for the
				  succeeding fiscal year is not available and the provisions of the funding-out
				  clause must be exercised.
In the case of inoperative or inefficient equipment, no
					 termination or removal charges will be paid by state agencies.
When exercising provisions of the funding-out clause, the
					 removal charges as presented in the original contract shall be due and payable;
					 however, no payment of termination charges will be allowed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Sec2 12-6-3.118.01 - Multi-Term Contracts - General › Section 12-6-3.118.01.1 - General

Current through June 25, 2024
A multi-term contract is appropriate when it is in the
						best interest of the State to obtain uninterrupted services or firm pricing for
						commodities extending over more than one fiscal period, where the performance
						of such services involves high start-up costs or where a changeover of service
						contractors involves high phase-in/phase-out costs during a transition period.
						The multi-term method of contracting is also appropriate when special
						production of definite quantities of supplies for more than one fiscal period
						is necessary to best meet the State's needs, but funds are available only for
						the initial fiscal period. Special production refers to production for contract
						performance which requires alteration of the contractor's facilities or
						operations involving high start-up costs. The contractual obligation of both
						parties in each fiscal period succeeding the first is subject to the
						appropriation and availability of funds thereof. The contract must provide that
						in the event that funds are not available for any succeeding fiscal period, the
						remainder of such contract shall be canceled.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Sec2 12-6-3.118.01 - Multi-Term Contracts - General › Section 12-6-3.118.01.2 - Multi-Term Contract Regulation Inapplicable

Current through June 25, 2024
Section 3.118, Multi-Term Contracts, applies only to
						contracts for commodities or services described in Subsection 3.118.01.1,
						General, and does not apply to any other contract including, but not limited
						to, contracts for construction and leases.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Section 12-6-3.118.02 - Conditions for Use of Multi-Term Contracts

Current through June 25, 2024
A multi-term contract may be used when it is determined by
					 the Agency Procurement Officer that:
(1) Special production of definite quantities
				  or the furnishing of long-term services are required to meet needs of the
				  State; and
(2) A multi-term
				  contract will serve the best interests of the State by encouraging effective
				  competition or otherwise promoting economies in State procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Sec2 12-6-3.118.03 - Multi-Term Contract Procedure › Section 12-6-3.118.03.1 - Solicitation

Current through June 25, 2024
The solicitation must state:
(1) The amount of supplies or services
					 required for the proposed contract period.
(2) That a unit price must be given for each
					 supply or service, and that such unit prices must be the same throughout the
					 contract.
(3) That the multi-term
					 contract will be canceled only if funds are not appropriated or otherwise made
					 available to support continuation of performance in any fiscal period
					 succeeding the first; however, this does not affect either the State's rights
					 or the contractor's rights under any termination clause in the
					 contract.
(4) That the Agency
					 Procurement Officer must notify the contractor on a timely basis that the funds
					 are or are not available for the continuation of the contract for each
					 succeeding fiscal period.
(5) That
					 a multi-term contract may be awarded and how award will be determined including
					 the fact that prices must be firm for the full term of the contract or, that a
					 price adjustment is allowed, provided that the basis and method of adjusting
					 unit prices must be included in the solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Sec2 12-6-3.118.03 - Multi-Term Contract Procedure › Section 12-6-3.118.03.2 - Award

Current through June 25, 2024
Award must be made as stated in the solicitation and
						permitted under the source selection method utilized.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.118 - Multi-Term Contracts › Sec2 12-6-3.118.03 - Multi-Term Contract Procedure › Section 12-6-3.118.03.3 - Cancellation

Current through June 25, 2024
(1)"Cancellation," as used in multi-term
					 contracting, means the cancellation of the total requirements for the remaining
					 portion of the contract because funds were not appropriated or otherwise made
					 available. The contract for the first fiscal period shall not be canceled.
					 Cancellation results when the Agency Procurement Officer:
(a) Notifies the contractor of
					 nonavailability of funds for contract performance for any fiscal period
					 subsequent to the first; or
(b)
					 Exercises cancellation provision of the original contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.01 - Incremental Award › Section 12-6-3.119.01.1 - General

Current through June 25, 2024
An incremental award is an award of portions of a
						definite quantity requirement to more than one contractor. Each portion is for
						a definite quantity and the sum of the portions is the total definite quantity
						required. An incremental award may be used only when awards to more than one
						bidder or offerer for different amounts of the same item are necessary to
						obtain the total quantity for the required delivery.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.01 - Incremental Award › Section 12-6-3.119.01.2 - Intent to Use

Current through June 25, 2024
If an incremental award is anticipated prior to issuing a
						solicitation, the State must reserve the right to make such an award and the
						criteria for award must be stated in the solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.01 - Incremental Award › Section 12-6-3.119.01.3 - Determination Required

Current through June 25, 2024
The Agency Procurement Officer shall make a written
						determination setting forth the reasons for the incremental award, which shall
						be made a part of the procurement file.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.02 - Multiple Award › Section 12-6-3.119.02.1 - General

Current through June 25, 2024
A multiple award is an award of an indefinite quantity
						contract for one or more commodities or services to more than one bidder or
						offerer when the State is obligated to order all of its actual requirements for
						the specified supplies or services from those contractors. The obligation to
						order the State's actual requirements is limited by the provisions of Uniform
						Commercial Code Section 2.306(1), Section
						75-2-306,
						Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.02 - Multiple Award › Section 12-6-3.119.02.2 - Limitations on Use

Current through June 25, 2024
A multiple award may be made when award to two or more
						bidders or offerers for similar products is necessary for adequate delivery,
						service, or product compatibility. Any multiple award shall be made in
						accordance with the provisions of Section 3.106, Competitive Sealed Bids,
						Section 3.107, Competitive Sealed Proposals, Section 3.108, Purchases less than
						$50,000.01, and Section 3.110, Emergency Procurements, as applicable. Multiple
						awards shall not be made when a single award will meet the State's needs
						without sacrifice of economy or service. Awards shall not be made for the
						purpose of dividing the business, making available product or supplier
						selection to allow for user preference unrelated to utility or economy, or
						avoiding the resolution of tie bids. Any such awards shall be limited to the
						least number of suppliers necessary to meet the valid requirements of using
						agencies.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.02 - Multiple Award › Section 12-6-3.119.02.3 - Contract and Solicitation Provisions

Current through June 25, 2024
All eligible users of the contract must be named in the
						solicitation, and it must be mandatory that the actual requirements of such
						users that can be met under the contract be obtained in accordance with the
						contract, provided, that:
(1) The State
					 shall reserve the right to take bids separately if a particular quantity
					 requirement arises which exceeds its normal requirement or an amount specified
					 in the contract;
(2) The State
					 shall reserve the right to take bids separately if the Chief Procurement
					 Officer approves a finding that the supply or service available under the
					 contract will not meet a non-recurring special need of the agency;
					 and
(3) The contract may allow the
					 State to procure commodities produced, or services performed, incidental to the
					 State's own programs, such as, Mississippi Industries for the Blind, when such
					 supplies or services satisfy the need.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.02 - Multiple Award › Section 12-6-3.119.02.4 - Intent of Use

Current through June 25, 2024
If a multiple award is anticipated prior to issuing a
						solicitation, the State shall reserve the right to make such an award, and the
						criteria for award must be stated in the solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.119 - Multiple Source Contracting › Sec2 12-6-3.119.02 - Multiple Award › Section 12-6-3.119.02.5 - Determination Required

Current through June 25, 2024
The Agency Procurement Officer shall make a written
						determination setting forth the reasons for a multiple award, which must be
						made a part of the procurement file.
Commentary
Within these regulations, purchase arrangements which
						establish more than one source of supply are either multiple or progressive
						award contracts. Competitive sealed bidding is the conventional procurement
						method for establishing such contracts, although competitive sealed proposals,
						small purchase procedures, and emergency procurements may be used if
						appropriate as determined in accordance with Section 3.106, Competitive Sealed
						Bids, Section 3.107, Competitive Sealed Proposals, Section 3.108, Purchases
						less than $50,000.01, and Section 3.110, Emergency Procurements,
						respectively.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Section 12-6-3.120.01 - Inspection of Plant or Site

Current through June 25, 2024
Circumstances under which the State may perform inspections
					 include, but are not limited to, inspections of the contractor's plant or site
					 in order to determine:
(1) Whether the
				  standards set forth in Subsection 3.113.02, Standards of Responsibility, have
				  been met or are capable of being met; and
(2) If the contract is being performed in
				  accordance with its terms.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Section 12-6-3.120.02 - Access to Plant or Place of Business

Current through June 25, 2024
The State may enter a contractor's or subcontractor's plant
					 or place of business to:
(1) Inspect
				  supplies or services for acceptance by the State pursuant to the terms of a
				  contract; and
(2) Investigate in
				  connection with an action to debar or suspend a person from consideration for
				  award of contracts pursuant to Section 6.102, Authority to Debar or
				  Suspend.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Sec2 12-6-3.120.03 - Inspection and Testing of Supplies and Services › Section 12-6-3.120.03.1 - Solicitation and Contractual Provisions

Current through June 25, 2024
Mississippi contracts may provide that the State may
						inspect supplies and services at the contractor's or subcontractor's facility
						and perform tests to determine whether they conform to solicitation
						requirements or, after award, to contract requirements and are, therefore,
						acceptable. Such inspections and tests shall be conducted in accordance with
						the terms of the solicitation and contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Sec2 12-6-3.120.03 - Inspection and Testing of Supplies and Services › Section 12-6-3.120.03.2 - Procedures for Trial Use and Testing

Current through June 25, 2024
The Chief Procurement Officer may establish operational
						procedures governing the testing and trial use of equipment, materials, and
						other supplies by any state agency and the application of resulting information
						and data to specifications or procurements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Sec2 12-6-3.120.04 - Conduct of Inspections › Section 12-6-3.120.04.1 - Inspectors

Current through June 25, 2024
Inspections or tests shall be performed so as not to
						unduly delay the work of the contractor or subcontractor. No inspector other
						than the Agency Procurement Officer may change any provision of the
						specifications or the contract without written authorization of the Agency
						Procurement Officer. The presence or absence of an inspector shall not relieve
						the contractor or subcontractor from any requirements of the
						contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Sec2 12-6-3.120.04 - Conduct of Inspections › Section 12-6-3.120.04.2 - Location

Current through June 25, 2024
When an inspection is made in the plant or place of
						business of a contractor or subcontractor, such contractor or subcontractor
						must provide without charge all reasonable facilities and assistance for the
						safety and convenience of the person performing the inspection or
						testing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Sec2 12-6-3.120.04 - Conduct of Inspections › Section 12-6-3.120.04.3 - Time

Current through June 25, 2024
Inspection or testing of supplies and services performed
						at the plant or place of business of any contractor or subcontractor must be
						performed at reasonable times during normal posted business
						hours.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.120 - Right to Inspect Plant › Section 12-6-3.120.05 - On-site Inspection

Current through June 25, 2024
On-site inspection of the construction of the equipment
					 must be performed in accordance with the terms of the
					 contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Section 12-6-3.121 - Finality of Determinations

Current through June 25, 2024
The determinations required by Subsection 3.106.09,
				  Pre-Opening Modification or Withdrawal of Bids, Subsection 3.106(6),
				  Competitive Sealed Bids, Cancellation of Awards, Subsection 3.107(1),
				  Competitive Sealed Proposals, Conditions for Use, Subsection 3.107.(4),
				  Competitive Sealed Proposals, Award, Section 3.109, Sole-Source Procurement,
				  Section 3.110, Emergency Procurements, Section 3.111, Competitive Selection
				  Procedures for Services, Subsection 3.113(2), Responsibility of Bidders and
				  Offerers, Determination of Non-responsibility, Subsection 3.115(3), Cost or
				  Pricing Data, Cost or Pricing Data Not Required, Section 3.116, Types of
				  Contracts, and Subsection 3.118(2), Multi-Term Contracts, Determination Prior
				  to Use, are final and conclusive unless they are clearly erroneous, arbitrary,
				  capricious, or contrary to law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Section 12-6-3.122.01 - Anticompetitive Practices

Current through June 25, 2024
For the purposes of this regulation, an anticompetitive
					 practice is a practice among bidders or offerers which reduces or eliminates
					 competition or restrains trade. An anticompetitive practice can result from an
					 agreement or understanding among competitors to restrain trade such as
					 submitting collusive bids or proposals, or result from illicit business actions
					 which have the effect of restraining trade, such as controlling the resale
					 price of products or an improper collective refusal to bid. Indications of
					 suspected anticompetitive practices include, but are not limited to, identical
					 bids or proposals, rotated low bids or proposals, sharing of the business,
					 "tie-in" sales, resale price maintenance, and group boycotts. See Subsection
					 3.122.05, Other Anticompetitive Practices.
Commentary
Bidders and offerers are prohibited by federal and some
					 states' law from collectively responding to a solicitation in a manner that
					 controls directly or indirectly the price of a supply, service, or construction
					 item sought. This prohibition may extend generally to such actions as
					 establishing any of the following: minimum or maximum prices, uniform list
					 prices, uniform credit terms, uniform discounts, uniform costs and mark-ups,
					 uniform trade-in allowances, specified price differentials between varying
					 grades of the same product, price ranges, price scales or price calculation
					 formulas, and minimum fee schedules.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Section 12-6-3.122.02 - Independent Price Determination

Current through June 25, 2024
Every solicitation may provide that by submitting a bid or
					 offer, the bidder or offerer certifies that the price submitted was
					 independently arrived at without collusion.
Editorial Note: Some agencies may want to require the
					 signing of a separate form which certifies that the price in the bid or offer
					 was arrived at independently.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Section 12-6-3.122.03 - Detection of Anticompetitive Practices

Current through June 25, 2024
In order to assist in ascertaining whether or not an
					 anticompetitive practice may have occurred or may be occurring, the Agency
					 Procurement Officer should be alert and sensitive to conditions of the market
					 place and will often find it necessary to study past procurements including, as
					 appropriate, the following:
(1) A study
				  of the bidding history of a commodity or service item over a period of time
				  sufficient to determine any significant bidding patterns or changes.
(2) A review of similar Mississippi contract
				  awards over a period of time.
(3)
				  Consultation with outside sources of information, such as bidders or offerers
				  who have competed for similar Mississippi business in the past but who are no
				  longer competing for such business.
Commentary
Guidance on the detection of collusive bidding may be found
					 in Government Purchasing and the Antitrust Laws at pages 21-24 (National
					 Association of Attorneys General and National Association of State Purchasing
					 Officials, May 1977).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Section 12-6-3.122.04 - Identical Bidding and Price Fixing

Current through June 25, 2024
The term "identical bidding" means the submission by
					 bidders or offerers of the same total price or the same price on a particular
					 line item. The submission of identical bids may or may not signify the
					 existence of collusion. In some instances, price controls imposed by state or
					 federal governments result in the submission of identical bids. Identical bids
					 for supplies are more likely to occur in the absence of collusion if:
(1) The supply is a commodity with a
				  well-established market price or a brand name with a "suggested retail
				  price;"
(2) The quantity being
				  purchased is small in relation to the supplier's total sales;
(3) Early delivery is required; or
(4) Transportation expenses are low relative
				  to total costs.
In seeking to determine whether collusion has taken place,
					 the Agency Procurement Officer should view the identical bids against present
					 and past pricing policies of the bidders or offerers, the structure of the
					 industry involved including comparisons of prices f.o.b. shipping point and
					 f.o.b. destination, and the nature of the supply, service, or construction
					 involved, such as whether it is a basic chemical or metal. Identical bids may
					 also result from resale price maintenance agreements which are described in
					 Subsection 3.122.05.3, Resale Price Maintenance. Any other attempt by bidders
					 or offerers to fix prices should also be reported.
Commentary
Executive Order No. 10,936, 26 Fed. Reg. 3555 (1961)
					 directs the U.S. Attorney General to invite state and local governments to
					 report tie bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.1 - General

Current through June 25, 2024
The practices which are described in Subsection
						3.122.05.2, Rotated Low Bids or Proposals, through 3.122.05.6, Group Boycott,
						and which the Agency Procurement Officer suspects might be anticompetitive
						shall be reported in accordance with Subsection 3.122.06, Reporting Suspected
						Anticompetitive Practices.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.2 - Rotated Low Bids or Proposals

Current through June 25, 2024
Rotated low bids or proposals result where all bidders or
						offerers participating in the collusive scheme submit bids and by agreement
						alternate being the lowest bidder or offerer. To aid in determining whether
						rotation may be occurring, the agency Procurement Office must review past
						similar procurements in which the same bidders or offerers have
						participated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.3 - Resale Price Maintenance

Current through June 25, 2024
The practice of resale price maintenance consists of an
						agreement between a manufacturer and a distributor or a dealer to fix the
						resale price of a supply. An Agency Procurement Officer should consider the
						possibility that such an agreement exists where prices offered adhere to an
						established pattern, such as a published price schedule and when identical
						bidding occurs.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.4 - Sharing of the Business

Current through June 25, 2024
Sharing of the business occurs where potential bidders or
						offerers allocate business among themselves based on the customers or the
						territory involved. Thus, an Agency Procurement Officer might discover that a
						potential bidder or offerer is not participating in a Mississippi procurement
						because a particular Mississippi agency, or a particular territory, has not
						been allocated to such bidder or offerer by the producer or
						manufacturer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.5 - "Tie-in" Sales

Current through June 25, 2024
" Tie-in" sales are those in which a bidder or offerer
						attempts to sell one supply or service only upon the condition that the Agency
						Procurement Officer purchase another particular supply or
						service.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Sec2 12-6-3.122.05 - Other Anticompetitive Practices › Section 12-6-3.122.05.6 - Group Boycott

Current through June 25, 2024
A group boycott results from an agreement between
						competitors not to deal with another competitor or not to participate in, for
						instance, a Mississippi procurement until the boycotting competitors'
						conditions are met by the boycotted competitor or the State. The boycott of a
						competitor by other competitors may have an effect on the market structure or
						price of a supply, service, or construction item needed by the
						State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.122 - Reporting of Anticompetitive Practices › Section 12-6-3.122.06 - Reporting Suspected Anticompetitive Practices

Current through June 25, 2024
The Chief Procurement Officer, in consultation with the
					 Attorney General, shall develop procedures, including forms, for reporting
					 suspected anticompetitive practices. An Agency Procurement Officer who suspects
					 that an anticompetitive practice has occurred or may be occurring shall follow
					 these procedures.
Commentary
Protecting the principles of competition in public
					 procurement is a difficult and often complex task. A program of communication
					 and cooperation between procurement and legal offices, institutionalized to the
					 extent feasible, is essential in combating anticompetitive
					 practices.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.124 - Purchasing and Disposal - and Their Application › Section 12-6-3.124.01 - Request for Authority to Purchase, P-1

Current through June 25, 2024
The P-1 process should now be accomplished by using an
					 electronic method. The paper process has been phased out; however, there are
					 still some instances where the electronic process cannot be used. Instructions
					 for entering an electronic P-1 are shown on the Office of Purchasing, Travel
					 and Fleet Management website. The P-1 i s used when requesting authority to
					 purchase commodities under the following conditions:
(1) Emergency Purchases when total amount of
				  purchase exceeds $5,000.
(2) Single
				  Source Purchase when total amount of purchase exceeds $5,000.
(3) Purchases or rentals in excess of $50,000
				  for commodities not covered by a state or agency contract.
(4) Acquisition of equipment by
				  lease-purchase. (The universities are exempt from this requirement but must
				  follow the Institutions of Higher Learning's procedures for all lease-purchase
				  transactions.)
(5)Purchase or
				  rental of items covered on competitive bid state contracts from other than the
				  contract vendor. Exception: similar items under $1,000, see Subsection
				  2.103.01.1, Competitive Bid Contracts.
(6) Any agency construction contract which
				  exceeds $50,000.
The P-1 originates at the agency level. The agency submits
					 the request and applicable attachments electronically. If approval is granted,
					 the agency is notified electronically and may then issue the appropriate
					 purchase order. All electronic documents are archived electronically for future
					 reference.
P-1' s for a lease-purchase are processed using paper P-1'
					 s. Rather than returning the two (2) copies to the agency, only one (1) copy is
					 returned to the agency. One (1) copy is forwarded to the Bureau of Financial
					 Control where it is kept on file for the duration of the agreement. The agency
					 must then reference the P-1 number on each purchase order pertaining to the
					 agreement. Agencies should refer to the online P-1 document for proper
					 instructions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.124 - Purchasing and Disposal - and Their Application › Section 12-6-3.124.02 - Request for Authority to Dispose of Personal Property

Current through June 25, 2024
An Inventory Deletion Form must be completed on any
					 inventory item. The completed document is first sent to the Office of
					 Purchasing, Travel and Fleet Management along with all applicable documents. If
					 approved by the Office of Purchasing, Travel and Fleet Management, all three
					 (3) copies are then forwarded to the Division of Property Control of the Office
					 of the State Auditor for approval. If the Property Control Officer grants
					 approval, one (1) copy is retained on file with the Division of Property
					 Control, and the two (2) remaining copies are returned to the Office of
					 Purchasing, Travel and Fleet Management. One (1) copy is retained on file with
					 the Office of Purchasing, Travel and Fleet Management, and one (1) copy
					 returned to the originating agency. An approved Inventory Deletion Form must be
					 in the possession of the agency disposing of the property before said property
					 can be released to the successful bidder, except as provided for in Section
					 8.101.01.3, Personal property may be transferred from one state agency to
					 another state agency, including transfers to the Office of Surplus
					 Property.
Approval from the Office of Purchasing, Travel and Fleet
					 Management i s not required for sale or transfer of property, excluding
					 vehicles, between state agencies. The agencies must still submit the completed
					 Inventory Deletion Form t o the Division of Property Control and must obtain
					 their approval prior to disposing of the property.