Mississippi Administrative Code › Title 7 - Education K-12 › Part 11 - Textbook and Instructional Materials Administration Handbook Rules and Regulations for the Adoption, Distribution, Care and Use of Textbooks instructional Materials in Mississippi › Section 7-11-Two - Public Schools › Section 7-11-Two-2 - ACQUISITION/REQUISITION

Current through June 25, 2024
Mississippi Code Ann. §
									37-43-1 ensures that state-adopted
				  textbooks shall be distributed and loaned free of cost to the children of the
				  free public schools of the state and of all other schools located in the state
				  which maintain educational standards equivalent to the standards established by
				  the MDE for the state schools as outlined in the
Mississippi Public
				  School Accountability
.
Textbooks may be procured with state or local funds in a
				  variety of ways. Listed below are the approved methods and procedures:
A. STATE-ADOPTED TEXTBOOKS
Mississippi Code Ann. §
										37-43-1 states that "Textbooks"
				  shall be defined as any medium or manual of instruction which contains a
				  systematic presentation of the principles of a subject, and which constitutes a
				  major instructional vehicle for that subject; this would include both print and
				  digital formats. Textbooks that are on the state-adopted list may be purchased
				  directly from the regional depository. All requisitions will need to be
				  submitted by the local school district to depository in accordance with the
				  procedures established by that entity and communicated to school districts.
				  Requisitions for textbooks are
NOT
to be sent through the
				  MDE.
Textbooks and instructional materials that are listed on the
				  state-adopted list may also be purchased directly from the publisher. School
				  districts are reminded that the textbook law requires that a district pay no
				  more for a textbook procured directly from the publisher than the price stated
				  in the current state-adopted catalog.
B. NON-ADOPTED TEXTBOOKS
Textbooks and instructional materials that are not state
				  adopted may be purchased by the local school district directly from the
				  regional textbook depository. Approval
is not
required from the
				  SBE or the MDE Office of Instructional Materials and Library Media, prior to
				  purchase. However, districts are strongly encouraged to develop a review and
				  evaluation plan to ensure that quality textbooks are being purchased. The
				  purchase of textbooks and instructional materials must follow the state
				  purchasing procedures if textbooks are not under state contract.
C. PURCHASING PROCEDURES
To ensure that internal controls are in place to document the
				  most efficient use of taxpayer dollars, public schools are required to follow
				  the state bid requirements established by Miss. Code Ann. §
										31-7-13. Textbooks that are
adopted and approved
by the SBE are placed under state contract
				  and are exempt from the bidding process DFA 31-7-13(m)(xxv).
Bidding Requirements
a. 0 $5,000: Purchase from any vendor with no
				bidding.
b. $5,000.1 $75,000:
				Obtain two (2) or more written quotes. Emails with PDF quotes are
				acceptable.
c. Over $75,000: Must
				allow 31/2 to 4 weeks for bid to be awarded and must be advertised.
* Public schools that purchase non-adopted textbooks more
				  than $75,000 are required to maintain sealed bid documentation for three (3)
				  years after the audit report is released. If a purchase is in litigation, the
				  files shall be maintained until resolved.
* The documentation is required to support award decisions,
				  assure approvals, compliance with regulation, and sustain any reviews or
				  litigation. Documentation should include but is not limited to the following:
				  bid list, bid opening sign-in sheet, bidders' spreadsheets, witness signature,
				  requisition, notice to Contract Procurement Center, public notice to newspaper,
				  bid specifications, original bids, bid envelopes, bid addendum, proof of
				  advertisement, bid evaluation, award by the school, or letter from the MDE
				  Office of Instructional Materials and Library Media.
NOTE:
The bid dollar limit does not include
				  shipping or freight costs.