Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-101 - CONTRACTING PROCEDURES

Current through June 25, 2024
3-101.01
Definition of Terms Used in this Chapter
(a)
Award
is the acceptance by
				an agency of a bid or proposal submitted by a vendor with the intention of
				entering into a contract for services.
(b)
Bid
shall be defined as an
				offer submitted by a prospective contractor in response to an Invitation for
				Bid.
(c)
Capability
as used in Section 3-101.01 (r) (Definitions, Responsible Bidder or Offeror),
				means capability at the time of award of the contract.
(d)
Contract Worker
, for
				purposes of these regulations, is a worker under contract with the State who
				meets the requirements for a contract worker under the Internal Revenue Code.
				(See Appendix C)
(e)
Cost
				analysis
is the evaluation of cost data for the purpose of arriving at
				costs actually incurred or estimates of costs to be incurred, prices to be
				paid, and costs to be reimbursed.
(f)
Cost Data
is information
				concerning the actual or estimated cost of labor, material, overhead, and other
				cost elements which have been actually incurred or which are expected to be
				incurred by the contractor in performing the contract.
(g)
Cost-Reimbursement Contract
means a contract under which a contractor is reimbursed for costs which are
				allowable and allocable in accordance with contract terms and the provisions of
				these regulations, and may receive a fee.
(h)
Discussions
, as used in the
				source selection process, means an exchange of information or other manner of
				negotiation during which the offeror and the State may alter or otherwise
				change the conditions, terms, and price of the proposed contract. Discussions
				may be conducted in connection with competitive sealed proposals, sole-source,
				and emergency procurement; discussions are not permissible in competitive
				sealed bidding (except to the extent permissible in the first phase of
				multi-step sealed bidding).
(i)
Fixed Price Contract
means a contract providing for a firm price,
				or a price that may be adjusted only in accordance with contract clauses
				providing for revision of the contract price under stated circumstances.
(j)
Invitation for
				Bid
means all documents, whether attached or incorporated by reference,
				utilized for soliciting bids.
(k)
Net-of-Fee Contract
means a contract in which there is no
				expenditure of state funds from any funding source (state, federal or other).
(l)
Prequalification for
				Inclusion on Bidders Lists
means determining in accordance with Section
				3-402 (Prequalification of Suppliers) that a prospective bidder or offeror
				satisfies the criteria established for being included on the bidders list.
(m)
Price Analysis
is
				the evaluation of price data, without analysis of the separate cost components
				and profit as in cost analysis, which may assist in arriving at prices to be
				paid and costs to be reimbursed.
(n)
Price Data
is factual
				information concerning prices, including profit, for supplies services, or
				construction substantially similar to those being procured. In this definition,
				"prices" refer to offered or proposed selling prices, historical selling
				prices, and current selling prices of such items. This definition refers to
				data relevant to both prime and subcontract prices.
(o)
Proposal
is the document
				submitted by the offeror in response to a Request for Proposal to be used as
				the basis for negotiations for entering into a contract. A proposal is usually
				requested in cases where the selection of a contractor is to be made on the
				basis of the performance that is offered rather than on that of price alone and
				may require an outline of details such as the vendor's qualifications and
				experience and the identification of problems and proposed solutions in
				addition to details of price.
(p)
Purchase Description
means the words used in a solicitation to
				describe the services to be purchased and includes the statement of work or
				deliverables attached to, or made a part of, the solicitation.
(q)
Request for Proposal
means
				all documents, whether attached or incorporated by reference, utilized for
				soliciting proposals.
(r)
Responsible Bidder or Offeror
means a person who has the
				capability in all respects to perform fully the contract requirements and the
				integrity and reliability which will assure good faith performance.
(s)
Responsive Bidder or Offeror
means a person who has submitted a bid which conforms in all material respects
				to the Invitation for Bid or the Request for Proposal.
(t)
Solicitation
means an
				Invitation for Bid, a Request for Proposal, a request for quotations, or any
				other document issued by the State for the purpose of soliciting bids or
				proposals to perform a state contract.
(u)
Suppliers
, as used in
				Section 3-402 (Prequalification of Suppliers), means prospective bidders or
				offerors.