Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 802 - Commercial Construction › Chapter 1 - Certificate of Responsibility › Rule 30-802-1.2 - Certificate of Responsibility - Public Procurement

Current through June 25, 2024
1. All
				agencies having the authority to award a contract involving public funds in the
				amount of Fifty Thousand Dollars ($ 50,000.00) or more, shall return, unopened,
				any bids submitted by a contractor not having a Certificate of Responsibility
				required by Sections
				31-3-1 -
				31-3-23, Miss.
				Code Ann. (1972, as amended).
2.
				For all purposes herein, "bid" is defined as an offer, whether written or
				verbal, to perform all or part of a contract.
3. When the total cost of a project is at
				least 50% of a particular classification of work, as determined by the awarding
				entity or its engineer, architect or other representative, the awarding entity
				shall allow the holder of the certificate of responsibility in that particular
				classification to bid on or enter into a contract to perform work on the
				project in its entirety.
4. In any
				case in which a holder of a Certificate of Responsibility has bid outside the
				classification contained in his, her or its Certificate of Responsibility, the
				Executive Director of the State Board of Contractors shall notify each holder
				to appear before the Board at its next regular meeting and show cause, if
				possible, why Action should not be taken against the Certificate of
				Responsibility.
5. When separate
				bids are received, building contractors having only the classification of
				"Building Construction" shall not be permitted to bid on or be awarded the
				Mechanical or Electrical contracts; likewise the Mechanical or Electrical
				Contractors shall not be permitted to bid on the building portion of a project
				when the building costs are at least 50% of the project. When combined
				building, mechanical and electrical bids are received, nothing herein or in any
				other rule or regulation, shall prohibit the holder of a certificate of
				responsibility with the classification of building construction from submitting
				a bid and/or entering into a contract to perform work on a project which
				consists of at least 50% mechanical, electrical or other classification of
				work; provided, however, that the holder of a certificate of responsibility
				with the classification of building construction shall also have the
				appropriate classification necessary to perform the mechanical, electrical or
				other classification of work.
6. No
				state recognizes the Certificate of Responsibility issued by this Board.
				Therefore, no awarding agency of this state shall consider any bid of a
				contractor who holds a Certificate of Responsibility or license issued by
				another state, if the respective bidder does not also have a Certificate of
				Responsibility issued by the Mississippi State Board of Contractors.
7. It shall be unlawful and illegal for a
				Primary Contractor, Contractor, Owner, Awarding Authority, Subcontractor, or
				any other person to contract, or subcontract, all or any portion of a public or
				private construction project regulated by Chapter 527, General Laws of
				Mississippi -1988 (Sections
				31-3-1
				through
				31-3-23, Miss.
				Code Ann. (1972, as amended)), equal to or exceeding Fifty Thousand Dollars
				($50,000.00) with respect to public and private projects to any other
				Contractor, or Sub-Contractor, unless the Contractor, or Subcontractor was duly
				licensed by this Board as of the date of submission of bids on the
				work.
8. Either all contractors
				making up a joint venture or the joint venture itself must hold certificates of
				responsibility prior to submitting a bid or being awarded a contract. When the
				joint venture itself does not hold a certificate of responsibility, then all
				parties to the joint venture must hold certificates of responsibility and each
				must have the proper classification for the project to be awarded prior to
				submitting a bid or being awarded a contract. Accordingly, contractors engaging
				in a joint venture should not perform work that exceeds the statutory scope of
				their certificate(s). (See AG Opinion December 3, 1990 to Harper, and AG
				Opinion dated April 5, 1991 to Cardin.)
When a joint venture submits a bid on a public project in
				  excess of Fifty Thousand Dollars ($ 50,000.00), and the joint venture itself
				  does not hold a certificate of responsibility, each contractor comprising the
				  joint venture shall place its certificate of responsibility number on the
				  outside of the envelope containing the bid as set forth in Miss. Code Ann.
				  §
										31-3-21(2),
				  as amended. If the joint venture itself holds a certificate of responsibility,
				  then it shall place its certificate number only on the outside of the
				  envelope.
9. Any of the
				foregoing Rules and Regulations of the Board shall not apply to contracts
				involving federal funds if in violation of federal requirements.
Miss. Code
				  Ann. §§
										25-43-3.101
				  - 25-43-3.115 and §§
										31-3-1, et
				  seq.