reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.01 - Incremental Award › Section 12-9-3-503.01.1 - 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 offeror for different amounts of the same item are necessary to
						obtain the total quantity or the required delivery.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.01 - Incremental Award › Section 12-9-3-503.01.2 - Intent to Use

Current through June 25, 2024
If an incremental award is anticipated prior to issuing
						a solicitation, the State shall reserve the right to make such an award and the
						criteria for award shall be stated in the solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.01 - Incremental Award › Section 12-9-3-503.01.3 - Determination Required

Current through June 25, 2024
The Chief Procurement Officer shall make a written
						determination setting forth the reasons for the incremental award, which shall
						be made a part of the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.02 - Multiple Award › Section 12-9-3-503.02.1 - General

Current through June 25, 2024
A multiple award is an award of an indefinite quantity
						contract for services to more than one bidder or offeror when the State is
						obligated to order all of its actual requirements for the specified services
						from those contractors. The obligation to order the State's actual requirements
						is limited by Mississippi Code Annotated §
											75-2-306.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.02 - Multiple Award › Section 12-9-3-503.02.2 - Limitations on Use

Current through June 25, 2024
A multiple award may be made when an award to two or
						more bidders or offerors for similar services is necessary for adequate
						delivery. Any multiple awards shall be made in accordance with the provisions
						of Section 3-202 (Competitive Sealed Bids), 3-203 (Competitive Sealed Proposals
						and Qualifications), Section 3-205 (Small Purchases), and Section 3-207
						(Emergency Procurement), 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 contractors necessary to
						meet the valid requirements of using agencies.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.02 - Multiple Award › Section 12-9-3-503.02.3 - Contract and Solicitation Provisions

Current through June 25, 2024
All eligible users of the contract shall be named in the
						solicitation, and it shall 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:
(a) 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;
(b) the State
					 shall reserve the right to take bids separately if the Agency Head approves a
					 finding that the supply or service available under the contract will not meet a
					 nonrecurring special need of the agency; and,
(c) the contract may allow the State to
					 procure services performed, incidental to the State's own programs, such as
					 industries of correctional institutions, when such services satisfy the need.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.02 - Multiple Award › Section 12-9-3-503.02.4 - 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 shall be stated in the solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-503 - MULTIPLE SOURCE CONTRACTING › Section 12-9-3-503.02 - Multiple Award › Section 12-9-3-503.02.5 - Determination Required

Current through June 25, 2024
The Chief Procurement Officer shall make a written
						determination setting forth the reasons for a multiple award, which shall be
						made a part of the Agency Procurement File.
Note: Within these regulations, contract
						arrangements which establish more than one source of service are either
						multiple or progressive award contracts. Competitive Sealed Bidding (Invitation
						for Bids) is the preferred method for establishing such contracts, although
						competitive sealed proposals, competitive sealed qualifications, small purchase
						procedures, and emergency procurements may be used if allowed in accordance
						with Section 3-201.01 (Petition for Relief from Competitive Bidding).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.01 - Inspection of Facility or Site

Current through June 25, 2024
Circumstances under which the State may perform
					 inspections include, but are not limited to, inspections of contractor's site
					 in order to determine:
(a) whether the
				  standards set forth in Section 3-401.03 (Standards of Responsibility) have been
				  met or are capable of being met; and,
(b) if the contract is being performed in
				  accordance with its terms.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.02 - Access to Place of Business

Current through June 25, 2024
The State may enter a contractor's or subcontractor's
					 place of business to:
(a) inspect
				  services for acceptance by the State pursuant to the terms of a
				  contract;
(b) audit cost or pricing
				  data or audit the books and records of any contractor or subcontractor pursuant
				  to Section 3-602 (Right to Audit Records) of these Regulations; and,
(c) investigate in connection with an action
				  to debar or suspend a person from consideration for award of contracts pursuant
				  to Section 5-101 (Debarment or Suspension).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.03 - Inspection and Testing of Services › Section 12-9-3-601.03.1 - Solicitation and Contractual Provisions

Current through June 25, 2024
Mississippi contracts may provide that the State may
						inspect services at the contractor's or subcontractor's facility and perform
						the 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.04 - Conduct of Inspections › Section 12-9-3-601.04.1 - 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. 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.04 - Conduct of Inspections › Section 12-9-3-601.04.2 - Location

Current through June 25, 2024
When an inspection is made in the place of business of a
						contractor or subcontractor, such contractor or subcontractor shall 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-601 - RIGHT TO INSPECT FACILITY › Section 12-9-3-601.04 - Conduct of Inspections › Section 12-9-3-601.04.3 - Time

Current through June 25, 2024
Inspection or testing of services performed at the place
						of business of any contractor or subcontractor shall be performed at reasonable
						times.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.01 - Statutory Authority to Audit

Current through June 25, 2024
Pursuant to Mississippi Code Annotated §
										27-104-7(2)(m),
					 the PPRB may request the State Auditor to conduct performance audit on any
					 personal or professional service contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.02 - Auditors; Audit Reports

Current through June 25, 2024
Audits requested under this subpart shall be performed by
					 the State Auditor's Office. Such audit reports shall be made available to the
					 party audited upon request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.03 - Cost or Pricing Data Audit › Section 12-9-3-602.03.1 - General

Current through June 25, 2024
The PPRB may require an audit of cost or pricing data
						that has been submitted under Section 3-401 (Cost or Pricing Data).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.03 - Cost or Pricing Data Audit › Section 12-9-3-602.03.2 - Conditions for an Audit

Current through June 25, 2024
An audit should be required, in respect to the
						contractor, prospective contractor, subcontractor, or prospective
						subcontractor, when there is:
(a) a
					 question as to the adequacy of accounting policies or cost systems;
(b) a substantial change in the methods or
					 levels of operation;
(c) previous
					 unfavorable experience indicating doubtful reliability of estimating,
					 accounting, or purchasing methods;
(d) a lack of cost experience due to the
					 procurement of a new supply or service; or,
(e) other evidence that an audit is in the
					 State's best interests as determined by the PPRB.
Note: Subject to final determination by the
						State Auditor, the report should contain the following in respect to the
						contractor, prospective contractor, subcontractor, or prospective
						subcontractor:
(a)
a
					 description of the original proposal and all submissions of cost or pricing
					 data;
(b)
an
					 explanation of the basis and the method used in preparing the
					 proposal;
(c)
a
					 statement identifying any cost or pricing data not submitted but examined by
					 the auditor which has a significant effect on the proposed cost or
					 price;
(d)
a
					 description of any deficiency in the cost or pricing data submitted and an
					 explanation of its effect on the proposal;
(e)
a statement summarizing those
					 major points where there is a disagreement as to the cost or pricing data
					 submitted; and
(f)
a statement identifying any information obtained from other
					 sources.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.04 - Contract Audit › Section 12-9-3-602.04.1 - Contract Audited

Current through June 25, 2024
Under the authority of Mississippi Code Annotated §
											27-104-7(2)(m),
						any contract for personal or professional services may be audited when auditing
						would be appropriate to assure satisfactory performance.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.04 - Contract Audit › Section 12-9-3-602.04.2 - Conditions for an Audit

Current through June 25, 2024
The requirement of a contract audit may be warranted
						when a question arises in connection with:
(a)the financial condition, integrity, and
					 reliability of the contractor or subcontractor;
(b) any prior audit experience;
(c) the adequacy of the contractor's or
					 subcontractor's accounting system;
(d) the number or nature of invoices or
					 reimbursement vouchers submitted by the contractor or subcontractor for
					 payment;
(e) the use of federal
					 assistance funds;
(f) the
					 fluctuation of market prices affecting the contract;
(g) contract performance or measurement of
					 deliverables; or,
(h) any other
					 situation in which the PPRB finds that such an audit is necessary for the
					 protection of the State's interest, including random audits to ensure
					 compliance with these regulations. The scope of the audit may be limited by the
					 PPRB.
Note: The scope of the report will depend on the
						scope of the audit ordered; however, the report should contain specific
						reference to the terms of the contract to which the audited data related and a
						statement of the degree to which the auditor believes the audited data
						evidences compliance with those terms.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.05 - Retention of Books and Records › Section 12-9-3-602.05.1 - Relating to Cost and Pricing Data

Current through June 25, 2024
Any contractor who receives a contract, change order, or
						contract modification for which cost or pricing data is required under Section
						3-401 (Cost or Pricing Data) shall maintain such books and records that relate
						to such cost or pricing data for three years from the date of final payment
						under the contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-9-3-602 - RIGHT TO AUDIT RECORDS › Section 12-9-3-602.05 - Retention of Books and Records › Section 12-9-3-602.05.2 - Relating to State Contracts

Current through June 25, 2024
Books and records that relate to a state contract,
						including subcontracts, other than a firm fixed-price contract, shall be
						maintained:
(a) by a contractor, for
					 three years from the date of final payment under the prime contract; and,
(b) by a subcontractor, for three
					 years from the date of final payment under the subcontract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-701 - FINALITY OF DETERMINATIONS

Current through June 25, 2024
The determinations required by the following sections are
				  final and conclusive unless they are clearly erroneous, arbitrary, capricious,
				  or contrary to law:
(a) Section
				3-202.01(f) (Competitive Sealed Bidding - Correction or Withdrawal of Bids;
				Cancellation of Awards);
(b)
				Section 3-203.01(a) (Competitive Sealed Proposals and Qualifications -
				Conditions for Use);
(c) Section
				3-203.01(g) (Competitive Sealed Proposals and Qualifications - Award);
(d) Section 3-206 (Sole-Source
				Procurement);
(e) Section 3-207
				(Emergency Procurement);
(f)
				Section 3-102.09(a) (Responsibility of Bidders or Offerors, - Determination of
				Non-responsibility);
(g) Section
				3-403.01(c) (Cost or Pricing Data - Cost or Pricing Data Not
				Required);
(h)  Section 3-501 (Types
				of Contracts); and
(i) Section
				3-502 (Multi-Source Contracting).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.01 - Anti-Competitive Practices

Current through June 25, 2024
For the purposes of this section, an anti-competitive
					 practice is a practice among bidders or offerors which reduces or eliminates
					 competition or restrains trade. An anti-competitive practice can result from an
					 agreement or understanding among competitors to restrain trade such as
					 submitting collusive bids, proposals, or qualifications 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 anti-competitive practices include, but are not
					 limited to, identical bids, proposals, or qualifications, rotated low bids or
					 proposals, sharing of the business, "tie-in" sales, resale price maintenance,
					 and group boycotts.
Note:
Bidders or offerors are prohibited
					 by federal and Mississippi 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. Mississippi Code Annotated §
										75-21-15.
					 This prohibition may extend to such actions 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.02 - Independent Price Determination

Current through June 25, 2024
Every solicitation shall provide that by submitting a bid,
					 offer, or qualifications, the bidder or offeror certifies that the price
					 submitted was independently arrived at without collusion. The agency may
					 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.03 - Detection of Anti-Competitive Practices

Current through June 25, 2024
In order to assist in ascertaining whether or not an
					 anti-competitive practice may have occurred or may be occurring, the Chief
					 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:
(a) a
				  study of the bidding history of a commodity or service over a period of time
				  sufficient to determine any significant bidding patterns or changes;
(b) a review of similar Mississippi contract
				  awards over a period of time; and,
(c) consultation with outside sources of
				  information, such as bidders or offerors who have competed for similar
				  Mississippi businesses in the past but who are no longer competing for such
				  business.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.04 - Identical Bidding and Price Fixing

Current through June 25, 2024
The term "identical bidding" means the submission by
					 bidders or offerors 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 seeking to determine whether collusion has taken place,
					 the Chief Procurement Officer should view the identical bids against present
					 and past pricing policies of the bidders or offerors, the structure of the
					 industry involved including comparisons of price, and the nature of the
					 service.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.05 - Other Anti-Competitive Practices › Section 12-9-3-702.05.1 - General

Current through June 25, 2024
The practices which are described in Subsection
						3-702.05.2 through Section 3-702.05.5 and which the Chief Procurement Officer
						suspects might be anti-competitive shall be reported to the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.05 - Other Anti-Competitive Practices › Section 12-9-3-702.05.2 - Rotated Low Bids or Proposals

Current through June 25, 2024
Rotated low bids or proposals result where all bidders
						or offerors participating in the collusive scheme submit bids and by agreement
						alternate being the lowest bidders or offerors. To aid in determining whether
						rotation may be occurring, the Chief Procurement Officer must review past
						similar procurements in which the same bidders or offerors have participated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.05 - Other Anti-Competitive Practices › Section 12-9-3-702.05.3 - Sharing of the Business

Current through June 25, 2024
Sharing of the business occurs where potential bidders
						or offerors allocate business among themselves based on the customers or
						territory involved. Thus, a Chief Procurement Officer might discover that a
						potential bidders or offerors is not participating in a Mississippi procurement
						because a particular Mississippi agency or a particular territory has not been
						allocated to such bidders or offerors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.05 - Other Anti-Competitive Practices › Section 12-9-3-702.05.4 - "Tie-in" sales

Current through June 25, 2024
"Tie-in" sales are those in which a bidder or offeror
						attempts to sell one supply or service only upon the condition that the Chief
						Procurement Officer purchase another particular supply or service.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES › Section 12-9-3-702.05 - Other Anti-Competitive Practices › Section 12-9-3-702.05.5 - 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 service needed by the State.
Note:
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
						anti-competitive practices.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-703 - RETENTION OF PROCUREMENT RECORDS

Current through June 25, 2024
All procurement records shall be retained and disposed of in
				  accordance with records retention guidelines and schedules by the Department of
				  Archives and History.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.01 - Stop Work Order Clause: Use of clause › Section 12-9-4-101.01.1 - Use of Orders

Current through June 25, 2024
(a) Because stop
					 work orders may result in increased costs by reason of standby costs, such
					 orders shall be issued only with prior approval of the Agency Head. Generally,
					 use of a stop work order will be limited to situations in which it is advisable
					 to suspend work pending a decision to proceed by the State, and a supplemental
					 agreement providing for such suspension is not feasible. A stop work order may
					 not be used in lieu of the issuance of a termination notice after a decision to
					 terminate has been made.
(b) Stop
					 work orders shall not exceed 90 consecutive days and shall include, as
					 appropriate:
(1) a clear description of the
					 work to be suspended;
(2)
					 instructions as to the issuance of further orders by the contractor for
					 material or services;
(3) guidance
					 as to action to be taken on subcontracts; and,
(4) other instructions and suggestions to the
					 contractor for minimizing costs.
Promptly after issuance, stop work orders shall be
						discussed with the contractor and should be modified, if necessary, in the
						light of such discussions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.01 - Stop Work Order Clause: Use of clause › Section 12-9-4-101.01.2 - Stop Work Order Clause (Required)

Current through June 25, 2024
STOP WORK ORDER
(1)
Order to Stop
					 Work.
The Chief Procurement Officer of the [State],
					 may, by written order to the contractor at any time, and without notice to any
					 surety, require the contractor to stop all or any part of the work called for
					 by this contract. This order shall be for a specified period not exceeding 90
					 days after the order is delivered to the contractor, unless the parties agree
					 to any further period. Any such order shall be identified specifically as a
					 stop work order issued pursuant to this clause. Upon receipt of such an order,
					 the contractor shall forthwith comply with its terms and take all reasonable
					 steps to minimize the occurrence of costs allocable to the work covered by the
					 order during the period of work stoppage. Before the stop work order expires,
					 or within any further period to which the parties shall have agreed, the Chief
					 Procurement Officer shall either:
a.
cancel the stop work order; or,
b.
terminate the work covered by such
					 order as provided in the Termination for Default clause or the Termination for
					 Convenience clause of this contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.02 - Variations in Estimated Quantities Clause (form) (Optional) › Section 12-9-4-101.02.1 - Definite Quantity Contracts

Current through June 25, 2024
The following clause is authorized for use in definite
						quantity service contracts:
VARIATION IN QUANTITY
Upon the agreement of the parties, the quantity
						of services specified in this contract may be increased by a maximum of ten
						percent provided:
(1)
the unit prices will remain the same (except for any price adjustments
					 otherwise applicable); and,
(2)
the Chief 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.02 - Variations in Estimated Quantities Clause (form) (Optional) › Section 12-9-4-101.02.2 - Indefinite Quantity Contracts

Current through June 25, 2024
Indefinite quantity contracts require flexibility as to
						the State's obligation to order and the contractor's obligation to deliver. The
						agreement should be designed to meet the agency's 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. Because of the need for flexibility, no clause is
						provided herein; however, in each case, the contract should state:
(a) the minimum quantity, if any, the State
					 is obligated to order and the contractor to provide;
(b) 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 this contract;
(c) any maximum quantity the State may order
					 and the contractor must provide; and,
(d) 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 3-503 (Multiple Sourcing 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.03 - Price Adjustment Clause (Optional)

Current through June 25, 2024
PRICE ADJUSTMENT
(1)
Price Adjustment
				  Methods.
Any adjustment in contract price pursuant to
				  a clause in this contract shall be made in one or more of the following
				  ways:
(a)
by agreement on a
				  fixed price adjustment before commencement of the additional
				  performance;
(b)
by unit prices specified in the contract;
(c)
by the costs attributable to the
				  event or situation covered by the clause, plus appropriate profit or fee, all
				  as specified in the contract; or,
(d)
by a price escalation
				  clause.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.04 - Claims Based on a Chief Procurement Officer's Actions or Omissions Clause (Optional)

Current through June 25, 2024
CLAIMS BASED ON CHIEF PROCUREMENT OFFICER'S
					 ACTIONS OR OMISSIONS
(1)
Notice of
				  Claim.
If any action or omission on the part of a Chief
				  Procurement Officer or designee of such officer requiring performance changes
				  within the scope of the contract constitutes the basis of a claim by the
				  contractor for additional compensation, damages, or an extension of time for
				  completion, the contractor shall continue with performance of the contract in
				  compliance with the directions or orders of such officials, but by so doing,
				  the contractor shall not be deemed to have prejudiced any claim for additional
				  compensation, damages, or an extension of time for completion,
				  provided:
(a)
the contractor
				  shall have given written notice to the Chief Procurement Officer or designee of
				  such officer:
(i.)
prior to
				  the commencement of the work involved, if at that time the contractor knows of
				  the occurrence of such action or omission;
(ii.)
within 30 days after the
				  contractor knows of the occurrence of such action or omission, if the
				  contractor did not have such knowledge prior to the commencement of the work;
				  or,
(iii.)
within such further time as may be allowed by the Chief Procurement Officer in
				  writing.
(This notice shall state that the contractor
					 regards the act or omission as a reason which may entitle the contractor to
					 additional compensation, damages, or an extension of time. The Chief
					 Procurement Officer or designee of such officer, upon receipt of such notice,
					 may rescind such action, remedy such omission, or take such other steps as may
					 be deemed advisable in the discretion of the Chief Procurement Officer or
					 designee of such officer.)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.06 - Liquidated Damages Clause (Optional) › Section 12-9-4-101.06.1 - With Termination for Default Clause

Current through June 25, 2024
The following clause is authorized for use in service
						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
						nonperformance and the contract contains the Termination for Default Clause set
						forth in Section 4-101.05.
LIQUIDATED DAMAGES
When the contractor is given notice of delay or
						nonperformance as specified in Paragraph [(1) (Default)] of the 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 services if the contractor is terminated for default, or until the
						contractor provides the services if the contractor is not terminated for
						default. To the extent that the contractor's delay or nonperformance is excused
						under Paragraph (4) (Excuse for Nonperformance 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.06 - Liquidated Damages Clause (Optional) › Section 12-9-4-101.06.2 - 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 Agency Head may approve the use of any appropriate liquidated
						damages clause.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES › Section 12-9-4-101.07 - Termination for Convenience Clause (Required)

Current through June 25, 2024
TERMINATION FOR
					 CONVENIENCE
(1)
Termination.
The Chief
				  Procurement Officer of the [State] may, when the interests of the [State] so
				  require, terminate this contract in whole or in part, for the convenience of
				  the [State]. The Chief 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)
Contractor's
				  Obligations.
The contractor 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 Chief Procurement Officer may direct the contractor to
				  assign the contractor's right, title, and interest under the 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 4 - CONTRACT ADMINISTRATION › Sec2 12-9-4-102 - MONITORING CONTRACT PERFORMANCE › Section 12-9-4-102.01 - Duties of the Chief Procurement Officer shall include, but are not limited to the following

Current through June 25, 2024
(a) reviews and
				  approves contract deliverables;
(b) ensures compliance with contractual
				  terms;
(c) coordinates the flow of
				  information between the parties;
(d) responds to requests of the contractor;
(e) monitors disbursements against
				  the contract budget;
(f) monitors
				  actual progress against work schedules;
(g) coordinates the furnishing of necessary
				  materials;
(h) authorizes no cost
				  modifications; and,
(i) makes
				  recommendations on modifications involving increased cost.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.01 - Application

Current through June 25, 2024
This regulatory provision applies to all debarments or
					 suspensions of persons from consideration for award of contracts imposed by the
					 PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.02 - Suspension › Section 12-9-5-101.02.1 - Initiation

Current through June 25, 2024
After consultation with the affected using agency, the
						Special Assistant Attorney General, and, where practicable, the contractor or
						prospective contractor who is to be suspended, the PPRB shall make a written
						determination as to whether probable cause exists for debarment as set forth in
						Section 5-101 (Debarment or Suspension). If probable cause is found, 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 (3)
					 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 5-101.04
					 (Request for Hearing).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.02 - Suspension › Section 12-9-5-101.02.2 - 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 PPRB but otherwise shall
						only be ended when the suspension has been in effect for three (3) months or a
						debarment decision takes effect.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.03 - 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 PPRB within ten (10) days after the
				  contractor or prospective contractor receives notice of the proposed action;
				  and,
(d) state that the contractor
				  or prospective contractor may be represented by counsel. Such notice shall also
				  be sent to the DFA Special Assistant Attorney General and the affected using
				  agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.04 - Request for Hearing

Current through June 25, 2024
A contractor or prospective contractor that has been
					 notified of a proposed debarment or suspension action may request in writing
					 that a hearing be held. Such request must be received by the PPRB within ten
					 (10) days of receipt of notice of the proposed action under Section 5-101.03
					 (Initiation of Debarment Action). If no request is received within the ten-day
					 period, a final determination may be made as set forth in Section 5-101.08
					 (Determination of Hearing Officer - Final Decision) after consulting with the
					 DFA Special Assistant Attorney General and the using agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.05 - Notice of Hearing

Current through June 25, 2024
If a hearing is requested, the PPRB may appoint a hearing
					 officer to conduct the hearing and recommend a final decision. 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
					 DFA Special Assistant Attorney General, the using agency, and the contractor or
					 prospective contractor.