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 › Section 12-6-3.125 - Protective Orders

Current through June 25, 2024
Any party seeking a protective order for a procurement
				  contract awarded by state agencies shall give notice to and provide the reasons
				  for the protective order to the party requesting the information in accordance
				  with the Mississippi Rules of Civil Procedure. The notice and reasons for the
				  protective order must be posted on the Mississippi procurement portal for a
				  minimum of seven (7) days before filing the petition seeking the protective
				  order in chancery court. Any party seeking a protective order in violation of
				  this subsection may be barred by a state agency from submitting bids, proposals
				  or qualifications for procurement for a period not to exceed five (5)
				  years.
Agencies may access detailed instructions on entering this
				  information into MAGIC on OPTFM's website.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.101 - Definition of Terms Used in this Chapter › Section 12-6-4.101.01 - Definitions

Current through June 25, 2024
(1) Brand Name Specification - a
				  specification limited to one or more items by manufacturers' names or catalog
				  numbers.
(2) Brand Name or Equal
				  Specification - a specification which uses two or more manufacturer's names or
				  catalog numbers to describe the standard of quality, performance, and other
				  characteristics needed to meet Mississippi requirements and which provides for
				  the submission of equivalent products. The use of Brand Name or Equal
				  Specifications that contain less than two manufacturer's names or catalog
				  numbers may be cause for rejection of the purchase request by the Office of
				  Purchasing, Travel and Fleet Management.
(3) Qualified Products List - an approved
				  list of supplies, services, or construction items described by model or catalog
				  numbers, which, prior to competitive solicitation, the State has determined
				  will meet the applicable specification requirements.
(4) Specification - any description of the
				  physical, functional, or performance characteristics or of the nature of a
				  supply, service, or construction item. A specification includes, as
				  appropriate, requirements for inspecting, testing, or preparing a supply,
				  service, or construction item for delivery.
(5) Specification for a Common or General Use
				  Item - a specification which has been developed and approved for repeated use
				  in procurements in accordance with the provisions of Subsection 4.104.01,
				  Procedures for the Development of Specifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.102 - Duties of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-4.102.01 - General Purpose and Policies › Section 12-6-4.102.01.1 - Purpose

Current through June 25, 2024
The purpose of a specification is to serve as a basis for
						obtaining a supply, service, or construction item adequate and suitable for the
						State's needs in a cost-effective manner, taking into account, to the extent
						practicable, the costs of ownership and operation as well as initial
						acquisition costs. It is the policy of the State that specifications permit
						maximum practicable competition consistent with this purpose. Specifications
						shall be drafted with the objective of clearly describing the State's
						requirements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.102 - Duties of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-4.102.01 - General Purpose and Policies › Section 12-6-4.102.01.2 - Use of Functional or Performance Descriptions

Current through June 25, 2024
Specifications shall, to the extent practicable,
						emphasize functional or performance criteria while limiting design or other
						detailed physical descriptions to those necessary to meet the needs of the
						State. To facilitate the use of such criteria, using agencies shall endeavor to
						include as a part of their purchase requisitions the principal functional or
						performance needs to be met. It is recognized, however, that the preference for
						use of functional or performance specifications is primarily applicable to the
						procurement of supplies and services. Such preference is often not practicable
						in construction, apart from the procurement of supply-type items for a
						construction project.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.102 - Duties of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-4.102.01 - General Purpose and Policies › Section 12-6-4.102.01.3 - Preference for Commercially Available Products

Current through June 25, 2024
It is the general policy of this State to procure
						standard commercial products whenever practicable. In developing
						specifications, accepted commercial standards shall be used and unique
						requirements shall be avoided, to the extent practicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.102 - Duties of the Office of Purchasing, Travel and Fleet Management › Section 12-6-4.102.02 - Availability of Documents

Current through June 25, 2024
Except as provided in Subsection 4.104.01, Procedures for
					 the Development of Specifications, regarding testing and confidential data,
					 specifications, and any written determination or other document generated or
					 used in the development of a specification shall be available for public
					 inspection pursuant to Section 1.108, Public Access to Procurement
					 Information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.103 - Duties of the Chief Procurement Officer › Sec2 12-6-4.103.01 - Authority to Prepare Specifications › Section 12-6-4.103.01.1 - Authority of the Chief Procurement Officer and State Agencies

Current through June 25, 2024
The Chief Procurement Officer is authorized to prepare
						specifications. The Chief Procurement Officer may delegate the authority to
						prepare and utilize specifications to purchasing agencies and using agencies
						for any type of commodities and equipment provided such delegations may be
						revoked by the Chief Procurement Officer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.103 - Duties of the Chief Procurement Officer › Sec2 12-6-4.103.01 - Authority to Prepare Specifications › Section 12-6-4.103.01.2 - Authority to Contract for Preparation of Specifications

Current through June 25, 2024
When a determination is made by the Chief Procurement
						Officer or the head of a purchasing agency authorized to prepare such
						specifications that there will be no substantial conflict of interest involved
						and it is otherwise in the best interest of the State, a contract to prepare
						specifications for State use in procurement of commodities or equipment may be
						entered into provided such officer has the authority to approve the
						specifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.103 - Duties of the Chief Procurement Officer › Sec2 12-6-4.103.01 - Authority to Prepare Specifications › Section 12-6-4.103.01.3 - Small Purchase and Emergency Authority

Current through June 25, 2024
If a specification for general or common use or a
						qualified products list exists for an item to be procured under Section 3.108,
						Purchases less than $50,000.01, it may be used except as otherwise provided by
						the Chief Procurement Officer or the head of a purchasing agency. If no such
						specification exists, purchasing and using agencies are hereby granted the
						authority to prepare specifications for use in such purchases. In an emergency
						under Section 3.110, Emergency Procurements, any necessary specifications may
						be utilized by the purchasing or using agency without regard to the provisions
						of this chapter.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.104 - Procedures for the Development of Specifications › Section 12-6-4.104.01.1 - Provisions of General Application

Current through June 25, 2024
(1) Application of
				  Section
This section applies to all persons who may prepare a
					 specification for State use, including the Chief Procurement Officer, the head
					 of a purchasing agency, the head of a using agency, and the designees of such
					 officers.
(2) Specification
				  of Alternates
A specification may provide alternate descriptions of
					 supplies, services, or construction items where two or more design, functional,
					 or performance criteria will adequately meet the State's requirements.
(3) Use of Existing Specifications
If a specification for a common or general use item has
					 been developed in accordance with Subsection 4.104.01, Procedures for the
					 Development of Specifications, or a qualified products list has been developed
					 in accordance with Subsection 4.104.01.2 (4), Qualified Products List, for a
					 particular commodity or equipment item, it may be used unless the Chief
					 Procurement Officer or the head of a purchasing agency makes a written
					 determination that its use is not in the State's best interest and that another
					 specification shall be used.
Commentary
The Chief Procurement Officer may provide for the periodic
					 review of certain specifications to determine whether any existing
					 specification needs revision or a new specification is needed to reflect
					 changes in:
(1) The
				  state-of-the-art;
(2) The
				  characteristics of the available supplies, services, or construction items;
				  or
(3) Needs of the using
				  agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.104 - Procedures for the Development of Specifications › Section 12-6-4.104.01.2 - Special Additional Procedures

Current through June 25, 2024
(1) Specifications
				  for Common or General Use Items
(a)
				  Preparation and Utilization
A specification for common or general use items shall, to
					 the extent practicable, be prepared to be utilized when:
(i) A commodity or equipment item is used in
				  common by several using agencies or used repeatedly by one using agency, and
				  the characteristics of the commodity or equipment item, as commercially
				  produced or provided, remain relatively stable while the frequency or volume of
				  procurements is significant;
(ii)
				  The State's recurring needs require uniquely designed or specially produced
				  items; or
(iii) The Chief
				  Procurement Officer, or the head of a purchasing or using agency authorized to
				  prepare such specifications finds it to be in the State's best interest.
In the event a using agency requests the preparation of a
					 specification for a common or general use item, the Chief Procurement Officer
					 may prepare such a specification if such officer determines the conditions in
					 Subsections 4.104.01.2 (1)(a)(i), (ii), or (iii), Preparation and Utilization,
					 have been met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Section 12-6-4.105 - Relationship with Using Agencies

Current through June 25, 2024
The Chief Procurement Officer may obtain expert advice and
				  assistance from personnel of using agencies in the development of
				  specifications and may delegate in writing to a using agency the authority to
				  prepare and utilize its own specifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Section 12-6-4.106 - Formulation and Restriction

Current through June 25, 2024
Specifications written to invite bidding for term contracts
				  when issued for the first time will be sent to selected competitive vendors for
				  their review and comment prior to the request for formal bid. A standard form
				  will be furnished with these specifications with questions that should be
				  answered by all those surveyed and a request for comments if
				  appropriate.
It will not be the intent of the Office of Purchasing, Travel
				  and Fleet Management t o either write or approve any specifications that are
				  restrictive and preclude competitive bidding. Neither will it be the intent or
				  policy of the Office of Purchasing, Travel and Fleet Management t o write or
				  allow to be written specifications that are so open and nonspecific as to
				  invite participation by vendors offering less than quality products.
In the formulation of specifications, we would both welcome
				  and invite vendor participation, but we would have it clearly understood that
				  we will not tolerate vendor dictations.
In some cases, it will be absolutely necessary that the
				  specifications be written in a manner that would invite bids on a single
				  product or service or major repair part so as to conform to and be compatible
				  with items of equipment or furnishings presently in use. When such cases arise,
				  no consideration will be given to an alternate bid.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.107 - Maximum Practicable Competition › Section 12-6-4.107.01 - Non-restrictiveness Requirement

Current through June 25, 2024
All specifications shall be written in such a manner as to
					 describe the requirements to be met, without having the effect of exclusively
					 requiring a proprietary commodity or equipment item, or procurement from a sole
					 source, unless no other manner of description will suffice. In that event, a
					 written determination shall be made that it is not practicable to use a less
					 restrictive specification.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 4 - Specifications › Sec2 12-6-4.108 - Specifications Prepared by Architects and Engineers › Section 12-6-4.108.01 - Specifications Prepared by Other Than State Personnel

Current through June 25, 2024
The requirements of this chapter shall apply to all
					 specifications prepared by other than State personnel including, but not
					 limited to, those prepared by consultants, architects, engineers, designers,
					 and other draftsmen of specifications for public contracts. Contracts for the
					 preparation of specifications by other than State personnel shall require the
					 specification writer to adhere to such requirements. When persons other than
					 State personnel prepare specifications, the State shall not be relieved from
					 the comment and review requirements of this chapter.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 5 - Modification and Termination of Contracts for Commodities › Sec2 12-6-5.101 - Introduction › Sec2 12-6-5.101.01 - Variations in Estimated Quantities Clause › Section 12-6-5.101.01.1 - Definite Quantity Contracts

Current through June 25, 2024
The following clause is authorized for use in definite
						quantity commodity contracts:
Variation in Quantity
"Upon the agreement of the parties, the quantity of
						commodities specified in this contract may be increased by a maximum of ten
						percent (10%) provided:
(1) The unit
					 prices will remain the same (except for any price adjustments otherwise
					 applicable); and
(2) The Agency
					 Procurement Officer makes a written determination that such an increase will
					 either be more economical than awarding another contract or that it would not
					 be practical to award another contract."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 5 - Modification and Termination of Contracts for Commodities › Sec2 12-6-5.101 - Introduction › Sec2 12-6-5.101.01 - Variations in Estimated Quantities Clause › Section 12-6-5.101.01.2 - Indefinite Quantity Contracts

Current through June 25, 2024
No clause is provided here because in indefinite quantity
						contracts the flexibility as to the State's obligation to order and the
						contractor's obligation to deliver should be designed to meet using agency
						needs while making the contract as attractive as possible to potential
						contractors, thereby attempting to obtain maximum practicable competition in
						order to assure the best economy for the State of Mississippi. However, in each
						case, the contract should state:
(1)
					 The minimum quantity, if any, the State is obligated to order and the
					 contractor to provide;
(2)Whether
					 there is a quantity the State expects to order and how this quantity relates to
					 any minimum and maximum quantities that may be ordered under the
					 contract;
(3) Any maximum quantity
					 the State may order and the contractor must provide; and
(4)Whether the State is obligated to order
					 its actual requirements under the contract, or in the case of a multiple award
					 as defined in Section 3.119, Multiple Source Contracting, that the State will
					 order its actual requirements from the contractors under the multiple award
					 subject to any minimum or maximum quantity stated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 5 - Modification and Termination of Contracts for Commodities › Sec2 12-6-5.101 - Introduction › Sec2 12-6-5.101.03 - Liquidated Damages Clause › Section 12-6-5.101.03.1 - With Termination for Default Clause

Current through June 25, 2024
The following clause is authorized for use in commodity
						contracts when it is difficult to determine with reasonable accuracy the amount
						of damage to the State due to delays caused by late contractor performance or
						non-performance and the contract contains the termination for default clause
						set forth in Subsection 5.101.02, Termination for Default Clause.
Liquidated Damages
"When the contractor is given notice of delay or
						non-performance as specified in Subsection 5.101.02(1), Termination for Default
						Clause, of this contract and fails to cure in the time specified, the
						contractor shall be liable for damages for delay in the amount of $ _____ per
						calendar day from date set for cure until either the State reasonably obtains
						similar commodities if the contractor is terminated for default, or until the
						contractor provides the supplies or services if the contractor is not
						terminated for default. To the extent that the contractor's delay or
						non-performance is excused under Subsection 5.101.02(4), Excuse for
						Non-performance or Delayed Performance of the Termination for Default Clause of
						this contract, liquidated damages shall not be due the State. The contractor
						remains liable for damages caused other than by delay."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 5 - Modification and Termination of Contracts for Commodities › Sec2 12-6-5.101 - Introduction › Sec2 12-6-5.101.03 - Liquidated Damages Clause › Section 12-6-5.101.03.2 - In Other Situations

Current through June 25, 2024
If the contract will not have a Termination for Default
						Clause or the liquidated damages are to be assessed for reasons other than
						delay, the Chief Procurement Officer or the head of a purchasing agency may
						approve the use of any appropriate liquidated damages clause.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 5 - Modification and Termination of Contracts for Commodities › Sec2 12-6-5.101 - Introduction › Section 12-6-5.101.04 - Termination for Convenience Clause

Current through June 25, 2024
Termination for Convenience
(1) Termination
The Agency Procurement Officer may, when the interests of
					 the State so require, terminate this contract in whole or in part, for the
					 convenience of the State. The Agency Procurement Officer shall give written
					 notice of the termination to the contractor specifying the part of the contract
					 terminated and when termination becomes effective.
(2) Vendor's Obligations
The vendor shall incur no further obligations in connection
					 with the terminated work and on the date set in the notice of termination the
					 contractor will stop work to the extent specified. The contractor shall also
					 terminate outstanding orders and subcontracts as they relate to the terminated
					 work. The contractor shall settle the liabilities and claims arising out of the
					 termination of subcontracts and orders connected with the terminated work. The
					 Agency Procurement Officer may direct the contractor to assign the contractor's
					 right, title, and interest under terminated orders or subcontracts to the
					 State. The contractor must still complete the work not terminated by the notice
					 of termination and may incur obligations as are necessary to do
					 so.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.01 - Definitions › Section 12-6-6.101.01.1 - Interested Party

Current through June 25, 2024
Interested Party means an actual or prospective bidder,
						offerer, or contractor that may be aggrieved by the solicitation or award of a
						contract, or by the protest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.01 - Definitions › Section 12-6-6.101.01.2 - Protestor

Current through June 25, 2024
Protestor means any actual or prospective bidder,
						offerer, or contractor who is aggrieved in connection with the solicitation or
						the award of a contract and who files a protest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.01 - Definitions › Section 12-6-6.101.01.3 - Attorney General

Current through June 25, 2024
Attorney General shall mean the individual assigned by
						the Attorney General to provide legal assistance to the Department of Finance
						and Administration.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Section 12-6-6.101.02 - Complaint to Procurement Officer

Current through June 25, 2024
Complainants should seek resolution of their complaints
					 initially with the Procurement Officer or the office that issued the
					 solicitation. Such complaints may be made verbally or in
					 writing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.03 - Filing of Protest › Section 12-6-6.101.03.1 - When Filed

Current through June 25, 2024
Protests shall be made in writing to the head of the
						purchasing agency and copied to the Chief Procurement Officer, and shall be
						filed in duplicate within seven (7) days after the protestor knows or should
						have known of the facts giving rise thereto. A protest is considered filed when
						received by the Chief Procurement Officer or the head of a purchasing agency.
						Protests filed after the seven (7) day period shall not be
						considered.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.03 - Filing of Protest › Section 12-6-6.101.03.2 - Subject of Protest

Current through June 25, 2024
Protestors may file a protest on any phase of
						solicitation or award including, but not limited to, specification preparation,
						bid solicitation, award, or disclosure of information marked confidential in
						the bid or offer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.03 - Filing of Protest › Section 12-6-6.101.03.3 - Form

Current through June 25, 2024
To expedite handling of protests, the envelope should be
						labeled "Protest." The written protest shall include as a minimum the
						following:
(a) the name and address of
					 the protestor;
(b) appropriate
					 identification of the procurement and if a contract has been awarded, its
					 number;
(c) a statement of reasons
					 for the protest; and
(d) supporting
					 exhibits, evidence, or documents to substantiate any claims unless not
					 available within the filing time in which case the expected availability date
					 shall be indicated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.03 - Filing of Protest › Section 12-6-6.101.03.4 - Notification of the Attorney General

Current through June 25, 2024
The Chief Procurement Officer shall submit a copy of the
						protest to the Attorney General within three days of receipt of the written
						protest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Section 12-6-6.101.04 - Requested Information; Time for Filing

Current through June 25, 2024
Any additional information requested by any of the parties
					 should be submitted within the time period established by the requesting source
					 in order to expedite consideration of the protest. Failure of any party to
					 comply expeditiously with a request for information by the Chief Procurement
					 Officer or the head of a purchasing agency may result in resolution of the
					 protest without consideration of any information which is untimely filed
					 pursuant to such request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Section 12-6-6.101.05 - Stay of Procurements During Protest

Current through June 25, 2024
When a protest has been filed within 7 days and before an
					 award has been made, the Chief Procurement Officer or the head of a purchasing
					 agency shall make no award of the contract until the protest has been settled
					 unless the Chief Procurement Officer makes a written determination, after
					 consulting with the head of the using agency or the head of the purchasing
					 agency, that the award of the contract without delay is necessary to protect
					 substantial interests of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Section 12-6-6.101.06 - Making Information on Protests Available

Current through June 25, 2024
The Chief Procurement Officer or the head of a purchasing
					 agency shall upon written request make available to any interested party
					 information submitted that bears on the substance of the protest except where
					 information is proprietary, confidential, or otherwise permitted or required to
					 be withheld by law or regulation. Persons who wish to keep such information
					 submitted by them confidential should so request by specifically identifying
					 such information within documents submitted, and indicating on the front page
					 of each document that it contains such information. The availability of such
					 information shall be in compliance with 1.301, Public Access to Procurement
					 Information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.07 - Decision by the Chief Procurement Officer or the Head of a Purchasing Agency › Section 12-6-6.101.07.1 - Time for Decisions

Current through June 25, 2024
A decision on a protest shall be made by the Chief
						Procurement Officer or the head of a purchasing agency as expeditiously as
						possible after receiving all relevant, requested information. If a protest is
						sustained, the available remedies include, but are not limited to, those set
						forth in Section 6.201.01, Determination that Solicitation or Award Violates
						Law, and Regulation 6.202, Remedies Prior to an Award.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.08 - Request for Reconsideration › Section 12-6-6.101.08.1 - Request

Current through June 25, 2024
Reconsideration of a decision of the Chief Procurement
						Officer or the head of a purchasing agency may be requested by the protestor,
						appellant, any interested party who submitted comments during consideration of
						the protest, or any agency involved in the protest. The request for
						reconsideration shall contain a detailed statement of the factual and legal
						grounds upon which reversal or modification is deemed warranted, specifying any
						errors of law made or information not previously considered.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.08 - Request for Reconsideration › Section 12-6-6.101.08.2 - Time for Filing

Current through June 25, 2024
Requests for reconsideration of a decision of the Chief
						Procurement Officer or the head of a purchasing agency shall be filed not later
						than 7 days after receipt of such decision.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Sec2 12-6-6.101.08 - Request for Reconsideration › Section 12-6-6.101.08.3 - Time for Acting

Current through June 25, 2024
A request for reconsideration shall be acted upon as
						expeditiously as possible. The Chief Procurement Officer or the head of a
						purchasing agency may uphold the previous decision or reopen the case as such
						officer deems appropriate.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards › Section 12-6-6.101.09 - Effect of Judicial or Administrative Proceedings

Current through June 25, 2024
The Chief Procurement Officer or the head of a purchasing
					 agency will refuse to decide any protest when a matter involved is the subject
					 of a proceeding before the Procurement Review Board or has been decided on the
					 merits by the Board. If an action concerning the protest has commenced in
					 court, the Chief Procurement Officer or the head of a purchasing agency shall
					 not act on the protest but refer the protest to the Attorney General. This
					 section shall not apply where the Board or a court requests, expects, or
					 otherwise expresses interest in the decision of the Chief Procurement Officer
					 or the head of a purchasing agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.01 - Application

Current through June 25, 2024
This Regulation applies to all debarments or suspensions of
					 persons from consideration for award of contracts imposed by the Chief
					 Procurement Officer or the head of a purchasing agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Sec2 12-6-6.102.02 - Suspension › Section 12-6-6.102.02.1 - Initiation

Current through June 25, 2024
After consultation with the affected using agency, the
						Attorney General, and, where practicable, the contractor or prospective
						contractor who is to be suspended, and upon written determination by the Chief
						Procurement Officer or the head of a purchasing agency that probable cause
						exists for debarment as set forth in Section 6.102, Authority to Debar or
						Suspend, a contractor or prospective contractor shall be suspended. A notice of
						suspension, including a copy of such determination, shall be sent to the
						suspended contractor or prospective contractor. Such notice shall state
						that:
(a) the suspension is for the
					 period it takes to complete an investigation into possible debarment including
					 any appeals of a debarment decision but not for a period in excess of three
					 months;
(b) bids or proposals will
					 not be solicited from the suspended person, and, if they are received, they
					 will not be considered during the period of suspension; and
(c) if a hearing has not been held, the
					 suspended person may request a hearing in accordance with Section 6.102.04,
					 Request for Hearing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Sec2 12-6-6.102.02 - Suspension › Section 12-6-6.102.02.2 - Effect of Decision

Current through June 25, 2024
A contractor or prospective contractor is suspended upon
						issuance of the notice of suspension. The suspension shall remain in effect
						during any appeals. The suspension may be ended by the officer who issued the
						notice of suspension by the Procurement Review Board but otherwise shall only
						be ended when the suspension has been in effect for three months or a debarment
						decision takes effect.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.03 - Initiation of Debarment Action

Current through June 25, 2024
Written notice of the proposed debarment action shall be
					 sent by certified mail, return receipt requested, to the contractor or
					 prospective contractor. This notice shall:
(a) state that debarment is being
				  considered;
(b) set forth the
				  reasons for the action;
(c) state
				  that if the contractor or prospective contractor so requests, a hearing will be
				  held, provided such request is received by the Chief Procurement Officer or the
				  head of a purchasing agency within seven days after the contractor or
				  prospective contractor receives notice of the proposed action.
Such notice shall also be sent to the Attorney General and
					 the affected using agency. The affected using agency is that agency that has
					 used the commodities or equipment supplied by the contractor. If more than one
					 affected using agency is involved, the Chief Procurement Officer or the head of
					 a purchasing agency may designate one or more representatives to be consulted
					 in respect to this action.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.04 - Request for Hearing

Current through June 25, 2024
A contractor or prospective contractor that has been
					 notified of a proposed debarment action may request in writing that a hearing
					 be held. Such request must be received by the official proposing the action
					 within 7 days of receipt of notice of the proposed action under Section
					 6.102.03, Initiation of Debarment Action. If no request is received within the
					 seven-day period, a final determination may be made as set forth in Section
					 6.102.08, Determination of Hearing Officer; Final Decision, after consulting
					 with the Attorney General and the affected using agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.05 - Notice of Hearing

Current through June 25, 2024
If a hearing is requested, the Chief Procurement Officer or
					 the head of a purchasing agency may appoint a hearing officer to conduct the
					 hearing and recommend a final decision. Otherwise, the Chief Procurement
					 Officer or the head of a purchasing agency shall act as the hearing officer.
					 The hearing officer shall send a written notice of the time and place of the
					 hearing. Such notice shall be sent by certified mail, return receipt requested,
					 and shall state the nature and purpose of the proceedings. Copies shall be sent
					 to the Attorney General and the using agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.06 - Authority of Hearing Officer

Current through June 25, 2024
The hearing officer, in the conduct of the hearing, has the
					 power, among others, to:
(a) hold
				  informal conferences to settle, simplify, or fix the issues in a proceeding, or
				  to consider other matters that may aid in the expeditious disposition of the
				  proceeding either by consent of the parties or upon such officer's own
				  motion;
(b) require parties to
				  state their positions with respect to the various issues in the
				  proceeding;
(c) require parties to
				  produce for examination those relevant witnesses and documents under their
				  control;
(d) rule on motions, and
				  other procedural items on matters pending before such officer;
(e) regulate the course of the hearing and
				  conduct of participants therein;
(f) receive, rule on, exclude, or limit
				  evidence, and limit lines of questioning or testimony which are irrelevant,
				  immaterial, or unduly repetitious;
(g) fix time limits for submission of written
				  documents in matters before such officer;
(h) impose appropriate sanctions against any
				  party or person failing to obey an order under these procedures, which
				  sanctions may include:
(i) refusing to allow
				  the disobedient party to support or oppose designated claims or defenses, or
				  prohibiting that party from introducing designated matters in
				  evidence;
(ii) excluding all
				  testimony of an unresponsive or evasive witness; and
(iii) expelling any party or person from
				  further participation in the hearing;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.07 - Hearings Procedures

Current through June 25, 2024
(1) Hearings shall
				  be as informal as may be reasonable and appropriate under the circumstances and
				  in accordance with applicable due process requirements. The weight to be
				  attached to evidence presented in any particular form will be within the
				  discretion of the hearing officer. Stipulations of fact agreed upon by the
				  parties may be regarded and used as evidence at the hearing. The parties may
				  stipulate the testimony that would be given by a witness if the witness was
				  present. The hearing officer may require evidence in addition to that offered
				  by the parties.
(2) A hearing may
				  be recorded but need not be transcribed except at the request and expense of
				  the contractor or prospective contractor. A record of those present,
				  identification of any written evidence presented, and copies of all written
				  statements and a summary of the hearing shall be sufficient record.
(3) Opening statements may be made unless a
				  party waives this right.
(4)Witnesses shall testify under oath or
				  affirmation. All witnesses may be cross-examined.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.08 - Determination of Hearing Officer; Final Decision

Current through June 25, 2024
The hearing officer shall prepare a written determination
					 recommending a course of action. Such determination shall be given to the Chief
					 Procurement Officer or the head of a purchasing agency. Copies shall also be
					 sent to the contractor or prospective contractor, the Attorney General, and the
					 affected using agency. The contractor or prospective contractor shall have
					 seven days to file comments upon the hearing officer's determination. The Chief
					 Procurement Officer or the head of a purchasing agency may request oral
					 argument. After consultation with the affected using agency and the Attorney
					 General, the Chief Procurement Officer or the head of a purchasing agency shall
					 issue a final decision. Both the hearing officer's determination and the final
					 decision shall recite the evidence relied upon. When debarment is recommended
					 or ordered, the reasons for such action, and to what extent affiliates are
					 affected, shall be set forth. In addition, the final determination shall inform
					 the debarred person of its rights to administrative review.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.09 - Effect of Debarment Decision

Current through June 25, 2024
A debarment decision will take effect upon issuance and
					 receipt by the contractor or prospective contractor. After the debarment
					 decision takes effect, the contractor shall remain debarred until the debarment
					 period specified in the decision expires.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.102 - Authority to Debar or Suspend › Section 12-6-6.102.10 - Maintenance of List of Debarred and Suspended Persons

Current through June 25, 2024
The Chief Procurement Officer shall maintain and update a
					 list of debarred and suspended persons. All agencies of the State shall be
					 supplied with this list. The Chief Procurement Officer shall send updates of
					 this list to all agencies of the State as necessary. Such list shall be
					 available to the public upon request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Section 12-6-6.103.01 - General

Current through June 25, 2024
The Mississippi Procurement Code establishes procedures and
					 remedies to resolve contract and breach of contract controversies between the
					 State and a contractor. It is the State's policy, consistent with the Code, to
					 try to resolve all controversies by mutual agreement. In appropriate
					 circumstances, informal discussions between the parties can aid in the
					 resolution of differences by mutual agreement and are encouraged. If such
					 informal discussions do not resolve the controversy, individuals who have not
					 participated substantially in the matter in controversy may be brought in to
					 conduct discussions if this is feasible. Independent committees and panels
					 which review controversies expeditiously and informally with a view to fair
					 settlement possibilities also are encouraged at this stage.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Section 12-6-6.103.02 - Scope of Regulations

Current through June 25, 2024
Section 6.103, Authority to Resolve Contract and Breach of
					 Contract Controversies, is applicable to controversies between the State and a
					 contractor which arise under, or by virtue of, a contract between them. This
					 includes without limitation controversies based upon breach of contract,
					 mistake, misrepresentation, or other cause for contract modification,
					 reformation, or rescission. The word "controversy" is meant to be broad and
					 all-encompassing. It includes the full spectrum of disagreements from pricing
					 of routine contract changes to claims of breach of contract.