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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.02 - Policy

Current through June 25, 2024
Solicitations should only be issued when there is a valid
					 procurement need unless the solicitation states that it is for informational
					 purposes only. Preparing and distributing a solicitation requires the
					 expenditure of time and funds. Businesses and other entities likewise incur
					 expense in examining and responding to solicitations. Accordingly, although
					 issuance of a solicitation does not compel award of a contract, a solicitation
					 is to be canceled only when there are compelling reasons to believe that the
					 cancellation of the solicitation is in the State's best interest.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.03 - Cancellation of Solicitation - Notice

Current through June 25, 2024
Each solicitation issued by the State shall declare that
					 the solicitation may be canceled as provided herein. Notice of Cancellation
					 shall be distributed in the same manner in which the solicitation was
					 distributed.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.04 - Cancellation of Solicitation; Rejection of All Bids, Proposals, or Qualifications › Section 12-9-3-301.04.1 - Prior to Opening

Current through June 25, 2024
(a) As used in this
					 section, "opening" means the date set for opening of bids, receipt of proposals
					 in competitive sealed proposals, or receipt of qualifications in competitive
					 sealed qualifications.
(b) Prior
					 to opening, a solicitation may be canceled in whole or in part when the Agency
					 Head determines in writing that such action is in the State's best interest for
					 reasons including, but not limited to:
(1)
					 the agency no longer requires the services;
(2) the agency no longer can reasonably
					 expect to fund the procurement; or,
(3) proposed amendments to the solicitation
					 would be of such magnitude that a new solicitation is desirable.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.04 - Cancellation of Solicitation; Rejection of All Bids, Proposals, or Qualifications › Section 12-9-3-301.04.2 - After Opening-Prior to Award

Current through June 25, 2024
(a) After opening
					 but prior to award, all bids, proposals, or qualifications may be rejected in
					 whole or in part when the Agency Head determines in writing that such action is
					 in the State's best interest for reasons including, but not limited to:
(1) the services being procured are no longer
					 required;
(2) ambiguous or
					 otherwise inadequate specifications were part of the solicitation;
(3) the solicitation did not provide for
					 consideration of all factors of significance to the buying entity;
(4) prices exceed available funds and it
					 would not be appropriate to adjust quantities to come within available funds;
(5) the designated person in
					 Section 3-203(f) revealed the name of an offeror who submitted a proposal or
					 qualification to any person on the evaluation committee for that proposal or
					 qualification before the Technical and Cost factors have been evaluated;
(6) all otherwise acceptable bids,
					 proposals, or qualifications received are at clearly unreasonable prices; or,
(7) there is reason to believe
					 that the bids, proposals, or qualifications may not have been independently
					 arrived at in open competition, may have been collusive, or may have been
					 submitted in bad faith.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.04 - Cancellation of Solicitation; Rejection of All Bids, Proposals, or Qualifications › Section 12-9-3-301.04.3 - After Opening - After Award

Current through June 25, 2024
After opening and after award, but prior to signing a
						contract, an award may be canceled when the Agency Head determines in writing
						that such action is in the State's best interest for reasons including, but not
						limited to:
(a) available funding for
					 the contractual service has been discontinued;
(b) federal regulation prohibits the award;
(c) the solicitation expired
					 pursuant to Section 3-102.01.1 (Expiration of Solicitation);
(d) credible evidence has been presented that
					 the procurement was tainted;
(e)
					 the agency discovers an issue of competition, fairness or transparency; or,
(f) the solicitation document
					 allows the agency's stated reason for cancellation.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.04 - Cancellation of Solicitation; Rejection of All Bids, Proposals, or Qualifications › Section 12-9-3-301.04.4 - Documentation

Current through June 25, 2024
The reasons for cancellation or rejection shall be made
						a part of the Agency Procurement File and shall be available for public
						inspection.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.05 - Rejection of Individual Bids, Proposals, or Qualifications › Section 12-9-3-301.05.1 - General

Current through June 25, 2024
This section applies to rejections of individual bids,
						proposals, or qualifications in whole or in part.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.05 - Rejection of Individual Bids, Proposals, or Qualifications › Section 12-9-3-301.05.2 - Notice in Solicitation

Current through June 25, 2024
Each solicitation issued by the State shall provide that
						any bids, proposals, or qualifications may be rejected in whole or in part when
						in the best interest of the State.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.05 - Rejection of Individual Bids, Proposals, or Qualifications › Section 12-9-3-301.05.3 - Reasons for Rejection

Current through June 25, 2024
(a)
Bids.
As used in this section, "bid" means any offer providing
					 pricing submitted in competitive sealed bidding and includes submissions under
					 Section 3-205 (Small Purchases), if no changes in offers are allowed after
					 submission. Reasons for rejecting a bid include but are not limited to:
(1) the business that submitted the bid is
					 non-responsible as determined under Section 3-401.06 (Written Determination of
					 Non-responsibility Required) of this chapter;
(2) the bid is non-responsive; that is, it
					 does not conform in all material respects to the Invitation for Bids,
see
Section 3-202.13.2 (Service/End Product Acceptability) of
					 this chapter;
(3) the supply or
					 service item offered in the bid is unacceptable by reason of its failure to
					 meet the requirements of the specifications or permissible alternates or other
					 acceptability criteria set forth in the Invitation for Bids.
See
Section 3-202.13.2 (Service/End Product Acceptability);
(4) lack of competitiveness by
					 reason of collusion or knowledge that reasonably available competition was not
					 received;
(5) error in
					 specifications or indication that revisions would be to the State's advantage;
(6) cancellation or changes in the
					 intended project or other determination that the proposed requirement is no
					 longer needed; or
(7) limitation
					 or lack of available funds.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.05 - Rejection of Individual Bids, Proposals, or Qualifications › Section 12-9-3-301.05.4 - Notice of Rejection

Current through June 25, 2024
Vendors that have submitted bids, proposals, or
						qualifications which are rejected shall be promptly notified in writing of the
						rejection and the reasons therefor.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.06 - "All or None" Bids or Proposals

Current through June 25, 2024
Only when provided by the solicitation may a bid or
					 proposal limit acceptance to the entire bid or proposal offering; otherwise,
					 such bids or proposals shall be deemed to be non-responsive. If the bid or
					 proposal is properly so limited, the agency shall not reject part of such bid
					 or proposal and award on the remainder. "All or none" bids shall not be
					 requested unless it is determined that a multiple number of bidders can provide
					 pricing on all items requested. If the "all or none" requirement limits the
					 bidding to the point that only a single responsive bid is received, the PPRB
					 will not approve the request unless ample justification is presented.
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 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.07 - Disposition of Bids, Proposals, or Qualifications

Current through June 25, 2024
When bids, proposals, or qualifications are rejected, or a
					 solicitation canceled after bids, proposals, or qualifications are received,
					 the bids, proposals, or qualifications which have been opened shall be retained
					 in 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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.01 - General Provision

Current through June 25, 2024
(a)
Contractor Certification:
A contractor shall when requested by the
				  buying entity, except as provided in Subsection 3 of this section, submit cost
				  or pricing data and shall certify that, to the best of its knowledge and
				  belief, the cost or pricing data submitted is accurate, complete, and current
				  as of a mutually determined specified date.
(b)
Price Adjustment:
Any
				  contract, change order, or contract modification under which a contractor
				  certificate is required shall contain a provision that the price to the State,
				  including profit or fee, shall be adjusted to exclude any significant sums by
				  which the State finds that such price was increased because the
				  contractor-furnished cost or pricing data was inaccurate, incomplete, or not
				  current as of the date agreed upon between the parties.
(c)
Cost or Pricing Data Not
				  Required:
The requirements of this section need not be applied to
				  contracts:
(1) where the contract price is
				  based on adequate price competition;
(2) where the contract price is based on
				  established market prices;
(3)
				  where contract prices are set by law or regulations; or,
(4) where it is determined by the Agency Head
				  in writing that the requirements of this section may be waived and the reasons
				  for such waiver are stated in writing.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.02 - Requirement for Cost or Pricing Data

Current through June 25, 2024
The pricing policies which are applicable to contracts of
					 any type and any price adjustments there-under when cost or pricing data are
					 required to be submitted are set forth herein. The provisions herein requiring
					 submission of cost or pricing data do not apply to a contract let by
					 competitive sealed bidding except as may be provided herein below. Cost or
					 pricing data may be required in support of a proposal when:
(a) any contract expected to exceed
				  $75,000.00 is to be awarded by competitive sealed proposals or by sole-source
				  procurement;
(b) an emergency
				  procurement is made in excess of $75,000.00, but such data may be submitted
				  after contract award; or,
(c) the
				  Chief Procurement Officer makes a written determination which shall be
				  maintained in the Agency Procurement File that the circumstances warrant
				  required submission of cost or pricing data; provided, however, that cost or
				  pricing data shall not be required where the contract award is made pursuant to
				  competitive sealed 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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.03 - Meaning of Terms "Adequate Price Competition," "Established Market Prices," and "Prices Set by Law or Regulation"

Current through June 25, 2024
The terms "adequate price competition," "established
					 market prices," and "prices set by law or regulation" shall be construed in
					 accordance with the following definitions:
(a)
Adequate Price Competition:
Price competition exists if competitive sealed proposals are solicited and at
				  least two responsible offerors independently compete for the contract to be
				  awarded to the responsible offeror submitting the lowest evaluated price and
				  meeting the requirements of the solicitation. If the foregoing conditions are
				  met, price competition shall be presumed to be "adequate" unless the Chief
				  Procurement Officer determines in writing that such competition is not
				  adequate.
(b)
Established
				  Market Prices:
"Established Market Price" is a current price,
				  established in the usual and ordinary course of trade between buyers and
				  sellers, which can be substantiated from sources which are independent of the
				  contractor and may be an indication of the reasonableness of price. If, despite
				  the existence of an established market price, and after consultation with the
				  prospective contractors, the Chief Procurement Officer considers that such
				  price is not reasonable, cost or pricing data may be requested.
(c)
Prices Set by Law or
				  Regulation:
The price of a service is set by law or regulation if a
				  governmental body established the price that the offeror or contractor may
				  charge the State and other customers.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.04 - Submission of Cost or Pricing Data and Certification › Section 12-9-3-401.04.1 - Time and Manner

Current through June 25, 2024
When cost or pricing data are required, they shall be
						submitted to the Chief Procurement Officer prior to beginning price
						negotiations at the time and in the manner prescribed by the Chief Procurement
						Officer. When the Chief Procurement Officer requires the offeror or contractor
						to submit cost or pricing data in support of any proposal, such data shall
						either be actually submitted or specifically identified in writing.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.04 - Submission of Cost or Pricing Data and Certification › Section 12-9-3-401.04.2 - Obligation to Keep Data Current

Current through June 25, 2024
The offeror or contractor is required to keep such
						submission current until the negotiations are concluded or, if applicable,
						until the contract is expired.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.04 - Submission of Cost or Pricing Data and Certification › Section 12-9-3-401.04.3 - Time for Certification

Current through June 25, 2024
The offeror or contractor shall certify as soon as
						practicable after agreement is reached on price that the cost or pricing data
						submitted is accurate, complete, and current as of a mutually determined date
						prior to reaching agreement. Certification shall be made using the certificate
						set forth in Section 3-403.05 below.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.04 - Submission of Cost or Pricing Data and Certification › Section 12-9-3-401.04.4 - Refusal to Submit Data

Current through June 25, 2024
A refusal by the offeror to supply the required data
						shall be referred to the Agency Head, whose duty shall be to determine in
						writing whether to disqualify the noncomplying offeror, to defer award pending
						further investigation, or to enter into the contract. A refusal by a contractor
						to submit the required data to support a price adjustment shall be referred to
						the Agency Head who shall determine in writing whether to further investigate
						the price adjustment, to disallow any price adjustment, or to set the amount of
						the price adjustment.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.05 - Certificate of Current Cost or Pricing Data › Section 12-9-3-401.05.1 - Form of Certificate

Current through June 25, 2024
When cost or pricing data must be certified, a
						certificate substantially as set forth below shall be included in the agency's
						contract file along with any award documentation required under these
						regulations. The offeror or contractor shall be required to submit the
						certificate as soon as practicable after agreement is reached on the contract
						price or adjustment.
CERTIFICATE OF CURRENT COST OR PRICING
						DATA
This is to certify that, to the best of my
						knowledge and belief cost or pricing data as defined in Section 3-101.01 of the
						Mississippi Public Procurement Review Board Office of Personal Service Contract
						Review Rules and Regulations submitted, either actually or by specific
						identification in writing (see Section 3-403.04) to the Chief Procurement
						Officer in support of
.......*,
is accurate, complete, and
						current as of (date) (month) (year)**
......
This certification includes the cost or pricing
						data supporting any advance agreements) between the offeror and the State of
						Mississippi which are part of the proposal.
Firm
Name
Title
Date of Execution***
-
(End of Certificate)
-
* Describe the proposal, quotation, request for price
						adjustment or other submission involved, giving appropriate identifying number
						(e.g., RFP No. ).
** The effective date shall be a mutually determined
						date prior to, but as close to the date when price negotiations were concluded
						and the contract price was agreed to, as possible. The responsibility of the
						offeror or contractor is not limited by the personal knowledge of the offeror's
						or contractor's negotiator if the offeror or contractor had information
						reasonably available at the time of agreement, showing that the negotiated
						price is not based on accurate, complete, and current data.
***This date should be as soon after the date when the
						price negotiations were concluded and the contract price was agreed to as
						practical.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.05 - Certificate of Current Cost or Pricing Data › Section 12-9-3-401.05.2 - Representation as to Accuracy of Cost or Pricing Data

Current through June 25, 2024
Although the certificate pertains to cost or pricing
						data, it is not to be construed as a representation as to the accuracy of the
						offeror's or contractor's judgment on the estimated portion of future costs or
						projections. It does constitute a representation as to the accuracy of the data
						upon which the offeror's or contractor's judgment is based. A Certificate of
						Current Cost or Pricing Data shall not substitute for examination and analysis
						of the offeror's or contractor's proposal.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.05 - Certificate of Current Cost or Pricing Data › Section 12-9-3-401.05.3 - Inclusion of Notice and Contract Clause

Current through June 25, 2024
Whenever it is anticipated that a Certificate of Current
						Cost or Pricing Data may be required, notice of this requirement shall be
						included in the solicitation. If such a certificate is required, the contract
						shall include a clause giving the State a contract right to a reduction in the
						price as provided in Section 3-403.06 (Defective 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 › Sec2 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.05 - Certificate of Current Cost or Pricing Data › Section 12-9-3-401.05.4 - Exercise of Option

Current through June 25, 2024
The exercise of an option at the price established in
						the initial negotiation in which certified cost or pricing data was used does
						not require recertification or further submission of 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 › Sec2 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.06 - Defective Cost or Pricing Data › Section 12-9-3-401.06.1 - Overstated Cost or Pricing Data

Current through June 25, 2024
If certified cost or pricing data is subsequently found
						to have been inaccurate, incomplete, or noncurrent as of the date stated in the
						certificate, the State is entitled to an adjustment of the contract price,
						including profit or fee, to exclude any significant sum by which the price was
						increased because of the defective data.
Judgmental errors made in good faith concerning the
						estimated portions of future costs or projections do not constitute defective
						data. It is presumed that overstated costs or pricing data increased the
						contract price in the amount of the defect plus related overhead and profit or
						fee; therefore, unless there is a clear indication that the defective data was
						not used or relied upon, the price should be reduced in such amount. In
						establishing that the defective data caused an increase in the contract price,
						the Chief Procurement Officer is not expected to reconstruct the negotiation by
						speculating as to what would have been the mental attitudes of the negotiating
						parties if the correct data had been submitted at the time of agreement on
						price.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.06 - Defective Cost or Pricing Data › Section 12-9-3-401.06.2 - Offsetting Understated Cost or Pricing Data

Current through June 25, 2024
In determining the amount of a downward adjustment, the
						contractor shall be entitled to an offsetting adjustment for any understated
						cost or pricing data submitted in support of price negotiations for the same
						pricing action up to the amount of the State's claim for overstated cost or
						pricing data arising out of the same pricing action.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.06 - Defective Cost or Pricing Data › Section 12-9-3-401.06.3 - Dispute

Current through June 25, 2024
If the contractor and the Chief Procurement Officer
						cannot agree as to the existence of defective cost or pricing data or amount of
						adjustment due to defective cost or pricing data, the Chief Procurement Officer
						shall set an amount in accordance with Subsections 3-403.06.1 and 3-403.06.2.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.07 - Price Analysis Techniques

Current through June 25, 2024
Price analysis is used to determine if a price is
					 reasonable and acceptable. It involves an evaluation of the prices for the same
					 or similar items or services. Examples of price analysis criteria include but
					 are not limited to:
(a) price
				  submission of prospective bidders or offers in the current procurement;
(b) prior price quotations and
				  contract prices charged by the bidder, offeror, or contractor;
(c) prices published in catalogs or price
				  lists;
(d) prices available on the
				  open market; and,
(e) in-house
				  estimates of cost.
In making such analysis, consideration must be given to
					 any differing terms and conditions.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.08 - Cost Analysis Techniques

Current through June 25, 2024
Cost analysis includes the appropriate verification of
					 cost or pricing data, and the use of this data to evaluate:
(a) specific elements of costs;
(b) the necessity for certain costs;
(c) the reasonableness of amounts
				  estimated for the necessary costs;
(d) the reasonableness of allowances for
				  contingencies;
(e) the basis used
				  for allocation of indirect costs;
(f) the appropriateness of allocations of
				  particular indirect costs to the proposed contract; and,
(g) the reasonableness of the total cost or
				  price.
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 12-9-3-401 - COST OR PRICING DATA › Section 12-9-3-401.09 - Evaluations of Cost or Pricing Data

Current through June 25, 2024
Evaluations of cost or pricing data should include
					 comparisons of costs and prices of an offeror's cost estimates with those of
					 other offerors and any independent Mississippi price and cost estimates. They
					 shall also include consideration of whether such costs are reasonable and
					 allowable.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.01 - Scope of Regulation

Current through June 25, 2024
This regulation section contains descriptions of types of
					 contracts and limitations as to when they should be utilized by the State in
					 its procurements.
Subject to the limitations of this section, any type of
					 contract which will promote the best interests of the State may be used. A cost
					 reimbursement contract may be used only when a determination is made in writing
					 that such contract is to be less costly to the State than any other type of
					 contract or that it is impracticable to obtain the services required except
					 under such a contract. The written determination shall be maintained in 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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.02 - Cost-Plus-a-Percentage-of-Cost Contracting

Current through June 25, 2024
A cost-plus-a-percentage-of-cost contract is one in which,
					 prior to beginning the work, the parties agree that the fee will be a
					 predetermined percentage of the total cost of the work. Thereby, the more the
					 contractor spends, the greater its fee and the contractor's incentive may,
					 therefore, be to incur cost at the expense of the State and not to economize.
					 Agencies are urged to avoid the use of cost-plus-a-percentage-of-cost
					 contracts.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.03 - Policy Regarding Selection of Contract Types › Section 12-9-3-501.03.1 - General

Current through June 25, 2024
The selection of an appropriate contract type depends on
						factors such as the nature of the services to be procured, the uncertainties
						which may be involved in contract performance, and the extent to which the
						State or the contractor is to assume the risk of the cost of performance of the
						contract. Contract types differ in degree of responsibility assumed by the
						contractor.
The objective when selecting a contract type is to
						obtain the best value in needed services in the time required and at the lowest
						cost or price to the State. In order to achieve this objective, the Chief
						Procurement Officer, before choosing a contract type, should review those
						elements of the procurement which directly affect the cost, time, risk, and
						profit incentive bearing on the performance.
Among the factors to be considered in selecting any type
						of contract are:
(a) the type and
					 complexity of services being procured;
(b) the difficulty of estimating performance
					 costs such as the inability of the State to develop definitive specifications,
					 to identify the risks to the contractor inherent in the nature of the work to
					 be performed, or otherwise to establish clearly the requirements of the
					 contract;
(c) the administrative
					 costs to both parties;
(d) the
					 degree to which the State must provide technical coordination during the
					 performance of the contract;
(e)
					 the effect of the choice of the type of contract on the amount of competition
					 to be expected;
(f) the stability
					 of material or commodity market prices or wage levels;
(g) the urgency of the requirement; and,
(h) the length of contract
					 performance.
Note: It is self-defeating for the State to
						select a type of contract that would place an unreasonable economic risk on the
						contractor, since such action may tend to jeopardize satisfactory performance
						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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.03 - Policy Regarding Selection of Contract Types › Section 12-9-3-501.03.2 - Use of Contract Types Not Herein Described

Current through June 25, 2024
The provisions of Section 3-501 describe and define the
						principal contract types. Any other type of contract may be used provided the
						Agency Head and the PPRB determine that such use is in the State's best
						interest.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.04 - Types of Fixed-Price Contracts › Section 12-9-3-501.04.1 - General

Current through June 25, 2024
A fixed-price contract places responsibility on the
						contractor for the performance of the service in accordance with the contract
						terms at a price that may be firm or may be subject to contractually specified
						adjustments. The fixed-price contract is appropriate for use when the extent
						and type of work necessary to meet requirements can be reasonably specified and
						the cost can be reasonably estimated. A fixed-price type of contract is the
						only type of contract that can be used in competitive sealed bidding.
Note: Fixed-price contracts are preferred for
						use in procurements and should be used whenever possible; however, when risks
						are unknown or not readily measurable in terms of costs, the use of such
						contracts can result in inflated prices and inadequate competition, poor
						performance, disputes, claims when performance proves difficult, or excessive
						profits when anticipated contingencies do not occur.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.04 - Types of Fixed-Price Contracts › Section 12-9-3-501.04.2 - Firm Fixed-Price Contract

Current through June 25, 2024
A firm fixed-price contract provides a price that is not
						subject to adjustment because of variations in the contractor's cost of
						performing the work specified in the contract. It should be used whenever
						prices which are fair and reasonable to the State can be established at the
						outset. Bases upon which firm fixed prices may be established include:
(a) adequate price competition for the
					 contract;
(b) comparison of prices
					 in similar prior procurements in which prices were fair and reasonable;
(c) establishment of realistic
					 costs of performance by utilizing available cost or pricing data and
					 identifying uncertainties in contract performance; or,
(d) use of other adequate means to establish
					 a firm price.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.04 - Types of Fixed-Price Contracts › Section 12-9-3-501.04.3 - Fixed-Price Contract with Price Adjustment

Current through June 25, 2024
(a) A
					 fixed-price contract with price adjustment provides for variation in the
					 contract price under special conditions defined in the contract.
(b) If the contract permits unilateral action
					 by the contractor to bring about the condition under which a price increase may
					 occur, the contract shall reserve to the State the right to reject the price
					 increase and terminate without cost the future performance of the contract. The
					 contract shall also require that notice of any such price increase shall be
					 given within such time prior to its effective date as is specified in 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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-9-3-501.05.1 - Definite Quantity

Current through June 25, 2024
A definite quantity contract is a fixed-price contract
						that provides for delivery of a specified quantity of services either at
						specified times or when ordered.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-9-3-501.05.2 - Indefinite Quantity

Current through June 25, 2024
An indefinite quantity contract is a contract for an
						indefinite amount of services to be furnished at specified times, or as
						ordered, that establishes unit prices of a fixed-price type. Generally an
						approximate quantity or the best information available as to quantity is stated
						in the solicitation. The contract may provide a minimum quantity the State is
						obligated to procure and may also provide for a maximum quantity provision that
						limits the State's obligation to procure.
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 12-9-3-501 - TYPES OF CONTRACTS › Section 12-9-3-501.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-9-3-501.05.3 - Requirements Contracts

Current through June 25, 2024
A requirements contract is an indefinite quantity
						contract for services that obligates the State to order all the actual
						requirements of designated agencies during a specified period of time. For the
						protection of the State and the contractor, requirements contracts shall
						include the following:
(a) A provision
					 which requires the State and any other users named in the solicitation to order
					 their actual requirements of the services covered; however, the State may
					 reserve in the solicitation and in the resulting contract the right to take
					 bids separately if a particular quantity requirement arises which exceeds the
					 State's normal requirements or an amount specified in the contract.
(b) Two exemptions from ordering under the
					 contract occur when:
(1) the Agency Head
					 approves a finding that the supply or service available under the contract will
					 not meet a nonrecurring, special need of the buying entity; and,
(2) services are performed incidental to the
					 State's own programs, such as industries of correctional institutions that can
					 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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.01 - Multi-Term Contracts - General

Current through June 25, 2024
A multi-term contract is appropriate when it is in the
					 best interest of the State to obtain uninterrupted services extending over more
					 than one fiscal period, where the performance of such services involves high
					 start-up costs, or where a changeover of service contractors involves high
					 phase-in/phase-out costs during a transition period.
Special production refers to production for contract
					 performance which requires alteration of the contractor's facilities or
					 operations involving high start-up costs. The contractual obligation of both
					 parties in each fiscal period succeeding the first is subject to the
					 appropriation and availability of funds therefor. The contract shall provide
					 that in the event that funds are not available for any succeeding fiscal
					 period, the remainder of such contract shall be canceled.
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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.02 - Conditions for Use of Multi-Term Contracts

Current through June 25, 2024
A multi-term contract may be used when it is determined in
					 writing by the Chief Procurement Officer and maintained in the Agency
					 Procurement File that:
(a) the
				  furnishing of long-term services are required to meet needs of the State; and,
(b) a multi-term contract will
				  serve the best interests of the State by encouraging effective competition or
				  otherwise promoting economies in state procurement. The following factors are
				  among those relevant to such a determination:
(1) firms which are not willing or able to
				  compete because of high start-up costs or capital are assured of recouping such
				  costs during the period of contract performance;
(2) lower production costs because of larger
				  quantity or service requirements and substantial continuity of production or
				  performance over a longer period of time can be expected to result in lower
				  unit prices;
(3) stabilization of
				  the contractor's work force over a longer period of time may promote economy
				  and consistent quality; or,
(4)
				  the cost and burden of contract solicitation, award, and administration of the
				  procurement may be reduced.
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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.03 - Multi-Term Contract Procedure › Section 12-9-3-502.03.1 - Solicitation

Current through June 25, 2024
The solicitation shall state:
(a) the amount of services required for the
					 proposed contract period;
(b) that
					 a unit price shall be given for each service, and that such unit prices shall
					 be the same throughout the contract;
(c) that the multi-term contract will be
					 canceled if funds are not appropriated or otherwise made available to support
					 the continuation of performance in any fiscal period succeeding the first;
					 however, this does not affect either the State's right or the contractor's
					 rights under any termination clause in the contract;
(d) that the Chief Procurement Officer must
					 notify the contractor on a timely basis that the funds are or are not available
					 for the continuation of the contract for each succeeding fiscal period; and,
(e) that a multi-term contract may
					 be awarded and how award will be determined.
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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.03 - Multi-Term Contract Procedure › Section 12-9-3-502.03.2 - Award

Current through June 25, 2024
Award shall be made as stated in the solicitation and
						permitted under the source selection method utilized.
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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.03 - Multi-Term Contract Procedure › Section 12-9-3-502.03.3 - Cancellation

Current through June 25, 2024
(a) "Cancellation," as used in multi-term
					 contracting, means the cancellation of the total requirements for the remaining
					 portion of the contract because funds were not appropriated or otherwise made
					 available. The contract for the fiscal period shall not be canceled.
					 Cancellation results when the Chief Procurement Officer:
(1) notifies the contractor of
					 non-availability of funds for contract performance for any fiscal period
					 subsequent to the first; or,
(2)
					 exercises a cancellation provision of the original 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 12-9-3-502 - MULTI-TERM CONTRACTS › Section 12-9-3-502.03 - Multi-Term Contract Procedure › Section 12-9-3-502.03.4 - Contract Clause

Current through June 25, 2024
The following clause, or one substantially similar,
						shall be used by the Purchasing Agency in multi-term contractual
						agreements:
Availability of
						Funds
It is expressly understood and agreed that the
						obligation of the [agency] to proceed under this agreement is conditioned upon
						the appropriation of funds by the Mississippi State Legislature and the receipt
						of state and/or federal funds. If the funds anticipated for the continuing
						fulfillment of the agreement are, at any time, not forthcoming or insufficient,
						either through the failure of the federal government to provide funds or of the
						State of Mississippi to appropriate funds or the discontinuance or material
						alteration of the program under which funds were provided or if funds are not
						otherwise available to the State, the [agency] shall have the right upon ten
						(10) working days written notice to the contractor, to terminate this agreement
						without damage, penalty, cost or expenses to the State of any kind whatsoever.
						The effective date of termination shall be as specified in the notice of
						termination.
Note: Multi-term contracts, as set forth in this
						section, should be interpreted to mean a contract having effective dates
						spanning appropriation periods two or more fiscal years and would obligate the
						agency to purchase a specified quantity of services over that period.