reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.101 - Purchasing Procedures › Section 12-6-3.101.01 - Definition of Terms Used in this Section

Current through June 25, 2024
(1)
				  Established Catalog Price - the price included in a catalog, price list,
				  schedule, or other form that:
(a) Is
				  regularly maintained by a manufacturer or contractor;
(b) Is either published or otherwise
				  available for inspection by customers; and
(c) States price at which sales are currently
				  or were last made to a significant number of any categories of buyers or buyers
				  constituting the general buying public for the supplies or services
				  involved.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.101 - Purchasing Procedures › Section 12-6-3.101.02 - Exemptions Not Requiring Approval

Current through June 25, 2024
Unless otherwise ordered by regulation of the Public
					 Procurement Review Board (PPRB), the following listed items are exempt from the
					 competitive bid process and do not require approval of the Office of
					 Purchasing, Travel and Fleet Management except as may be required when
					 submitting an Inventory Deletion Form.
(1) Transactions listed in Section
				  31-7-13(m),
				  Mississippi Code of 1972, Annotated
(2)Transfer, sale, or exchange of personal
				  property between state agencies or between state agencies and governing
				  authorities - (For transfer, sale or exchange of vehicles, see State Fleet
				  Manual.)
(3) Service contracts
				  provided by businesses or persons which do not include the acquisition of a
				  commodity or equipment and which are under the purview of the Office of
				  Personal Service Contract Review
(4) Transportation of items (freight charges)
				  - This exemption shall not apply to the travel contracts established by the
				  Office of Purchasing, Travel and Fleet Management.
(5) Postage
(6) Workers Compensation Insurance and
				  Personnel Bond required by law
(7)
				  Utilities
(8) Commodities purchased
				  for resale
(9) Highway right-of-way
				  and highway construction contracts governed by specific laws dealing with such
				  contracts
(10) Food and lodging
				  reimbursable on a travel voucher
(11) Maintenance contracts under the purview
				  of the Department of Information Technology Services or the Office of Personal
				  Service Contract Review
(12) Live
				  animals
(13) Textbooks
(14) Library books and other reference
				  materials purchased by or for libraries
(15) Purchases of original artwork and
				  artifacts by museums for public display
(16) Purchases of original artwork
				  (paintings, statues, sculptures, etc.) for public display
(17) Subscriptions
(18) Purchases made from state operated
				  industries such as Mississippi Industries for the Blind.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.101 - Purchasing Procedures › Section 12-6-3.101.03 - Exemptions Requiring Approval

Current through June 25, 2024
Unless otherwise ordered by regulation of the Public
					 Procurement Review Board (PPRB), the following listed items are exempt from the
					 competitive bid process provided they follow 3.109.02; however, these purchases
					 do require P-1 approval of the Office of Purchasing, Travel and Fleet
					 Management.
(1) Non-competitive items
				  that are available from only one source;
(2) Items purchased for research that are
				  available from only one source
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.01 - Extension of Time for Bid or Proposal Acceptance

Current through June 25, 2024
After opening bids or proposals, the Agency Procurement
					 Officer may request bidders or offerers to extend the time during which the
					 State entity may accept their bids or proposals, provided that, with regard to
					 bids, no other change is permitted. The reasons for requesting such extension
					 shall be documented.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.02 - Extension of Time on Indefinite Quantity Contracts

Current through June 25, 2024
The time of performance of an indefinite quantity contract
					 may be extended upon agreement of the parties, provided the extension(s) do not
					 cause the contract to exceed 60 months and that there shall be no increase in
					 price, unless originally allowed by the bid specifications, and the Chief
					 Procurement Officer or Agency Procurement Officer determines that it is not
					 practical to award another contract at the time of such
					 extension.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Sec2 12-6-3.102.03 - Only One Bid or Proposal Received, No Bid Received › Section 12-6-3.102.03.1 - One Bid Received

Current through June 25, 2024
If only one responsive bid is received in response to an
						Invitation for Bids (including multi-step bidding), an award may be made to the
						single bidder if the Agency Procurement Officer finds that the price submitted
						is fair and reasonable, and that either;
(1) The other prospective bidders had
					 reasonable opportunity to respond, or
(2) There is not adequate time for
					 re-solicitation.
Otherwise, the bid may be rejected pursuant to the
						provisions of Subsection 3.112.04, Cancellation of Solicitation; Rejection of
						all Bids or Proposals and:
(1) The bid may be re-advertised and new bids
					 or offers may be solicited; or
(2)
					 The proposed procurement may be canceled.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Sec2 12-6-3.102.03 - Only One Bid or Proposal Received, No Bid Received › Section 12-6-3.102.03.2 - One Proposal Received

Current through June 25, 2024
If only one proposal is received in response to a Request
						for Proposals, the Agency Procurement Officer may either make an award in
						accordance with the procedures set forth in Section 3.107, Competitive Sealed
						Proposals, of these regulations or, if time permits, re-solicit for the purpose
						of obtaining competitive sealed proposals.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Sec2 12-6-3.102.03 - Only One Bid or Proposal Received, No Bid Received › Section 12-6-3.102.03.3 - No Bid or Proposal Received

Current through June 25, 2024
If no bid or proposal is received in response to an
						Invitation,
(1) The bid may be
					 re-advertised and new bids or offers may be solicited;
(2) The proposed procurement may be canceled;
					 or
(3) An emergency procurement may
					 be made in compliance with Section 3.110, Emergency Procurements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.04 - Alternate Bids or Proposals

Current through June 25, 2024
If alternate bids or proposals are allowed, the
					 solicitation shall state that such bids or proposals shall be accepted, and the
					 solicitation shall specify their treatment. The solicitation shall state that
					 such bids or proposals shall be accepted.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.05 - Procuring Commodities and Services Produced or Offered by State Agencies

Current through June 25, 2024
Agency requirements may be fulfilled by procuring supplies
					 produced or services performed incident to the State's own programs, such as
					 Mississippi Industries for the Blind. The Chief Procurement Officer or the head
					 of the purchasing agency shall determine whether such supplies or services meet
					 the State's requirements and whether the price represents a fair market value
					 for such supplies or services. When such procurements are made from other state
					 agencies, the private sector need not be solicited to compete against other
					 agencies.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.06 - Bid and Performance Bonds for Commodity Contracts or Service Contracts

Current through June 25, 2024
Bid and performance bonds or other security may be required
					 for supply contracts or service contracts as the Chief Procurement Officer or
					 the Agency Procurement Officer deems advisable to protect the interest of the
					 State. Any such requirements must be set forth in the solicitation. Bid or
					 performance bonds should not be used as a substitute for a determination of
					 bidder or offerer responsibility. Section
					 31-5-51,
					 Mississippi Code of 1972, Annotated, sets forth bonding requirements applicable
					 to construction contracts and may be considered when establishing any such
					 requirements for supply contracts or service contracts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.102 - General Provisions › Section 12-6-3.102.07 - Conditioning Bids or Proposals Upon Other Awards Not Acceptable

Current through June 25, 2024
Any bid or proposal which is conditioned upon receiving
					 award of both the particular contract being solicited and another Mississippi
					 contract shall be deemed non-responsive and not acceptable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.103 - Unsolicited Offers › Section 12-6-3.103.01 - Defined

Current through June 25, 2024
An unsolicited offer is any offer other than one submitted
					 in response to a solicitation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.103 - Unsolicited Offers › Section 12-6-3.103.02 - Processing of Unsolicited Offers

Current through June 25, 2024
The Chief Procurement Officer or the Agency Procurement
					 Officer shall consider the offer as provided in this section. If an agency that
					 receives an unsolicited offer is not authorized to enter into a contract for
					 the supplies or services offered, the Agency Procurement Officer shall forward
					 the offer to the Chief Procurement Officer who shall have final authority with
					 respect to evaluation, acceptance, and rejection of such unsolicited
					 offers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.103 - Unsolicited Offers › Section 12-6-3.103.03 - Conditions for Consideration

Current through June 25, 2024
To be considered for evaluation, an unsolicited
					 offer:
(1) Must be in
				  writing;
(2) Must be sufficiently
				  detailed to allow a judgment to be made concerning the potential utility of the
				  offer to the State;
(3) Must be
				  unique or innovative to State use;
(4) Must demonstrate that the proprietary
				  character of the offering warrants consideration of the use of sole-source
				  procurement;
(5) May be subject to
				  testing under terms and conditions specified by Mississippi; and
(6) Must be a commodity that is not included
				  on any state contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.103 - Unsolicited Offers › Section 12-6-3.103.04 - Evaluation

Current through June 25, 2024
The unsolicited offer shall be evaluated to determine its
					 utility to the State and whether it would be to the State's advantage to enter
					 into a contract based on such offer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.103 - Unsolicited Offers › Section 12-6-3.103.05 - Confidentiality

Current through June 25, 2024
Any written request for confidentiality of data contained
					 in an unsolicited offer that is made in writing shall be honored. If an award
					 is made, confidentiality of data shall be agreed upon by the parties and
					 governed by the provisions of the contract subject to Mississippi Public
					 Records Act of 1983, Section 25-6-1, Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.104 - Novation or Change of Name (Assignment) › Section 12-6-3.104.01 - No Assignment

Current through June 25, 2024
No Mississippi contract is transferable or otherwise
					 assignable without the written consent of the Chief Procurement Officer;
					 provided, however, that a contractor may assign monies receivable under a
					 contract after due notice to the State, the contracting entity, and with
					 approval of the Chief Procurement Officer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.104 - Novation or Change of Name (Assignment) › Section 12-6-3.104.02 - Recognition of a Successor in Interest; Novation

Current through June 25, 2024
When, in the best interest of the State, a successor in
					 interest may be recognized in a novation agreement in which the transferor and
					 the transferee shall agree that:
(1)
				  The transferee assumes all of the transferor's obligations;
(2) The transferor waives all rights under
				  the contract as against the State; and
(3) Unless the transferor guarantees
				  performance of the contract by the transferee, the transferee shall, if
				  required, furnish a satisfactory performance bond.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.104 - Novation or Change of Name (Assignment) › Section 12-6-3.104.03 - Change of Name

Current through June 25, 2024
When a contractor requests to change the name in which it
					 holds a contract with the State, the Chief Procurement Officer responsible for
					 the contract shall, upon receipt of a document indicating such change of name
					 (for example, an amendment to the articles of incorporation of the
					 corporation), enter into an agreement with the requesting contractor to effect
					 such a change of name. The agreement changing the name shall specifically
					 indicate that no other terms and conditions of the contract are thereby
					 changed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.104 - Novation or Change of Name (Assignment) › Section 12-6-3.104.04 - Reports

Current through June 25, 2024
All change of name or novation agreements effected
					 hereunder other than by the Chief Procurement Officer shall be reported to the
					 Chief Procurement Officer within 30 days of the date that the agreement becomes
					 effective.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.104 - Novation or Change of Name (Assignment) › Section 12-6-3.104.05 - Actions Affecting More Than One Purchasing Agency

Current through June 25, 2024
Notwithstanding the provisions of Subsection 3.104.01, No
					 Assignment, Subsection 3.104.02, Recognition of a Successor in Interest;
					 Novation, Subsection 3.104.03, Change of Name, and Subsection 3.104.04, No
					 Assignment, Recognition of a Successor in Interest; Novation, Change of Name,
					 Reports, when a contractor holds contracts with more than one purchasing agency
					 of the State, the novation or change of name agreements herein authorized shall
					 be processed only through the office of the Chief Procurement
					 Officer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Section 12-6-3.105 - Method of Source Selection

Current through June 25, 2024
Unless otherwise authorized by law, all contracts for
				  commodities, equipment and printing shall be negotiated contracts by the OPTFM
				  as set forth in Subsection 2.103.04, Commodities, Equipment and Printing, or
				  shall be awarded by competitive sealed bidding pursuant to Section 3.106,
				  Competitive Sealed Bids, except as provided in:
(1) Section 3.107, Competitive Sealed
				Proposals;
(2) Section 3.108,
				Purchases less than $50,000.01;
(3)
				Section 3.109, Sole-Source Procurement;
(4) Section 3.110, Emergency Procurements;
				and
(5) Section 3.111, Competitive
				Selection Procedures for Services.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Section 12-6-3.106.01 - Application

Current through June 25, 2024
The provisions of this regulation apply to every
					 procurement made by competitive sealed bidding, including multi-step sealed
					 bidding.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Section 12-6-3.106.02 - Use of Competitive Sealed Bidding

Current through June 25, 2024
Competitive sealed bidding is the preferred method for the
					 procurement of commodities, services, or construction.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.03 - Invitation for Bids › Section 12-6-3.106.03.1 - Use

Current through June 25, 2024
The Invitation for Bids is used to initiate competitive
						sealed bid procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.03 - Invitation for Bids › Section 12-6-3.106.03.2 - Content

Current through June 25, 2024
Invitation for Bids shall include the following:
(1) Instructions and information to bidders
					 concerning the bid submission requirements, including the time and date set for
					 receipt of bids, the address of the office to which bids are to be delivered,
					 the maximum time for bid acceptance by the State, and any other special
					 information.
(2) The purchase
					 description, evaluation factors, delivery or performance schedule, and such
					 inspection and acceptance requirements as are not included in the purchase
					 description.
(3) The contract terms
					 and conditions, including warranty and bonding or other security requirements,
					 as applicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.03 - Invitation for Bids › Section 12-6-3.106.03.3 - Incorporation by Reference

Current through June 25, 2024
The Invitation for Bids may incorporate documents by
						reference provided that the Invitation for Bids specifies where such documents
						can be obtained.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.03 - Invitation for Bids › Section 12-6-3.106.03.4 - Invitation for Bids Packet

Current through June 25, 2024
Normally the Invitation for Bids Packet will be divided
						into the following sections:
(1)
					 General Conditions
This section is sometimes referred to as the
						"boilerplate". This section includes instructions and information which should
						be considered by the bidders. This information is standard for all bids and may
						include how to complete and submit the bid forms, how errors will be handled,
						how to obtain clarification of the specifications, etc.
(2) Instructions and Special Conditions
This section includes instructions and information which
						is pertinent and unique to the particular Invitation for Bids. This may include
						special delivery requirements, bonding, installation, etc. This section should
						include information concerning the method used to evaluate and award the
						contract (i.e., all or none, line item, life-cycle-cost, etc.)
(3) Specifications
This section should clearly describe the minimum
						requirements and any testing requirements.
(4) Bid Form
A bid form should be provided so that all bidders are
						submitting pricing in a similar format. Instructions on the proper completion
						of the bid form should be included if needed.
(5) Execution Page
The packet should include a page for the bidder to
						complete showing bidder information such as name, contract administrator,
						address, phone, e-mail, fax, etc. This should also include a space for the
						bidder to provide a signature indicating the bidder's acceptance of the terms
						and conditions and commitment to honoring the prices bid.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.04 - Bidding Time › Section 12-6-3.106.04.1 - Bid Form

Current through June 25, 2024
The Invitation for Bids should provide a bid form which
						shall include space in which the bid price shall be inserted and which the
						bidder shall sign and submit along with all other necessary
						submissions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.04 - Bidding Time › Section 12-6-3.106.04.2 - Bid Sample and Descriptive Literature

Current through June 25, 2024
(1)
					 "Descriptive literature" means information available in the ordinary course of
					 business which shows the characteristics, construction, or operation of an item
					 which enables the purchasing entity to consider whether the item meets its
					 needs.
(2) "Bid sample" means a
					 sample to be furnished by a bidder to show the characteristics of the item
					 offered in the bid.
(3) Bid samples
					 or descriptive literature may be required when it is necessary to evaluate
					 required characteristics of the items bid.
(4) The Invitation for Bids may state that
					 bid samples or descriptive literature should not be submitted unless expressly
					 requested and that, regardless of any attempt by a bidder to condition the bid,
					 unsolicited bid samples or descriptive literature which are submitted at the
					 bidder's risk will not be examined or tested and will not be deemed to vary any
					 of the provisions of the Invitation for Bids. Further, any sample submitted
					 will be returned only at bidder's expense. It should also be known that when
					 samples are requested, it may be necessary that the sample be damaged or
					 destroyed in the process of evaluation in which case neither the State nor the
					 purchasing agency shall be responsible for reimbursement to the
					 bidder.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.05 - Public Notice › Section 12-6-3.106.05.1 - Publication

Current through June 25, 2024
Every procurement in excess of $50,000 must be
						publicized: Section
						31-7-13,
						Mississippi Code of 1972, Annotated.
(1) In a newspaper published in the county or
					 municipality in which the agency is located or a newspaper of statewide general
					 circulation;
(2) By submitting
					 notice to be published to Mississippi Procurement Technical Assistance Program
					 on the same day that the notice is submitted to the newspaper;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.05 - Public Notice › Section 12-6-3.106.05.2 - Content of Advertisement

Current through June 25, 2024
When composing the advertisement to appear in the legal
						notice section of the newspaper, the intent is to include information that will
						promote competition.
Commentary
The following is a suggested guide for a legal
								  advertisement:
The (name of the entity) will accept sealed bids
								  until (time of bid opening), (day of the week), (month), (date), (year) for the
								  purpose of purchasing the following:
* Name of commodity/service you wish to
								  procure,
* Bid file number
* Detailed specifications may be obtained by
								  contacting (name of contact person) at (telephone number), at (physical mailing
								  address) or at (email address).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.05 - Public Notice › Section 12-6-3.106.05.3 - Mississippi Procurement Technical Assistance Program

Current through June 25, 2024
Section
						31-7-13(c)(i),
						Mississippi Code of 1972, Annotated, clearly states, "On the same date that the
						notice is submitted to the newspaper for publication, the agency or governing
						authority involved shall mail written notice to, or provide electronic
						notification to the main office of the Mississippi Procurement Technical
						Assistance Program t hat contains the same information as that in the published
						notice."
Agencies which utilize the MAGIC system to publicize the
						Invitation for Bids shall be deemed in compliance with this provision by
						ensuring that the start date of the RFx corresponds with the first date of
						advertisement in the newspaper.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.05 - Public Notice › Section 12-6-3.106.05.4 - Advertising Time

Current through June 25, 2024
Advertising time is the period of time between the date
						of publication of the advertisement and the time and date set for receipt of
						bids. This time is set by Section
						31-7-13(c),
						Mississippi Code of 1972, Annotated. This section shall be interpreted to mean
						the advertisement for bids must be published once each week for two consecutive
						weeks with the second notice being published on or after the 7th calendar day
						after the first notice was published. The date set for the bid opening for
						commodities, equipment or printing must not be less than seven (7) working days
						after the last notice appears in the newspaper. Therefore, the bid opening must
						not be sooner than the 8th working day. The bid opening for construction
						projects with total cost in excess of $50,000 must not be less than 15 working
						days after the last notice appears in the newspaper. Therefore, the bid opening
						must not be sooner than the 16th working day. Working days are defined as days
						that your entity is officially open for business.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.05 - Public Notice › Section 12-6-3.106.05.5 - Public Availability

Current through June 25, 2024
The Invitation for Bids must be made available for any
						interested party at the location specified in the published
						notice.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.06 - Bidders Lists › Section 12-6-3.106.06.1 - Purpose

Current through June 25, 2024
Bidder's lists should be compiled to provide the
						purchasing entity with the names of businesses that may be interested in
						competing for various types of Mississippi contracts. Unless otherwise
						provided, inclusion or exclusion of the name of a business does not indicate
						whether the business is responsible in respect to a particular procurement or
						otherwise capable of successfully performing a Mississippi
						contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.06 - Bidders Lists › Section 12-6-3.106.06.2 - Deletion of Bidders

Current through June 25, 2024
Businesses that fail to respond to four consecutive bid
						invitations on any item within a class may be removed from the applicable
						bidders list after notice to the bidder for that particular class/item.
						Prospective bidders currently meeting the criteria for inclusion on the list
						may be reinstated on such lists at their request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.06 - Bidders Lists › Section 12-6-3.106.06.3 - Public Availability

Current through June 25, 2024
Names and addresses on bidder's lists may be available
						for public inspection provided these lists must not be used for private
						promotional, commercial, or marketing purposes.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Section 12-6-3.106.07 - Pre-Bid Conferences

Current through June 25, 2024
Pre-bid conferences may be conducted to explain the
					 procurement requirements. They must be announced to all prospective bidders
					 known to have received an Invitation for Bids. The conference should be held
					 long enough after the Invitation for Bids has been issued to allow bidders to
					 become familiar with it but sufficiently before bid opening to allow bidders to
					 make any adjustments based on clarifications made during the conference.
					 Nothing stated at the prebid conference shall change the Invitation for Bids
					 unless a change is made by written amendment as provided in Subsection
					 3.106.08, Amendments to Invitations for Bids. In no case shall it be mandatory
					 for any prospective bidder to attend any such pre-bid
					 conference.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.08 - Amendments to Invitations for Bids › Section 12-6-3.106.08.1 - Form

Current through June 25, 2024
Amendments to Invitations for Bids shall be identified as
						such and may require that the bidder acknowledge receipt of all amendments
						issued. The amendment shall reference the portions of the Invitation for Bids
						it amends.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.08 - Amendments to Invitations for Bids › Section 12-6-3.106.08.2 - Distribution

Current through June 25, 2024
Amendments must be sent to all prospective bidders known
						to have received an Invitation for Bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.08 - Amendments to Invitations for Bids › Section 12-6-3.106.08.3 - Timelines

Current through June 25, 2024
Amendments shall be distributed within a reasonable time
						to allow prospective bidders to consider them in preparing their bids. If the
						time and date set for receipt of bids will not permit such preparation, such
						time shall be increased to the extent possible in the amendment. As per Section
						31-7-13(c)(ii),
						Mississippi Code of 1972, Annotated, no addendum to bid specifications may be
						issued within two (2) working days of the time established for the receipt of
						bids unless such addendum also amends the bid opening to a date not less than
						five (5) working days after the date of the addendum.
Commentary
Amendments should be used to:
(1) Make any changes in the Invitation for
					 Bids such as changes in quantity, purchase descriptions, delivery schedules,
					 and opening dates;
(2) Correct
					 defects or ambiguities; or
(3)
					 Furnish to other bidders information given to one bidder if such information
					 will assist the other bidders in submitting bids or if the lack of such
					 information would prejudice the other bidders. Any such information when not
					 given to all bidders shall be cause for rejecting all bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.09 - Pre-Opening Modification or Withdrawal of Bids › Section 12-6-3.106.09.1 - Procedure

Current through June 25, 2024
Bids may be modified or withdrawn by written notice
						received in the office designated in the Invitation for Bids prior to the time
						and date set for bid opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.09 - Pre-Opening Modification or Withdrawal of Bids › Section 12-6-3.106.09.2 - Records

Current through June 25, 2024
All documents relating to the modification or withdrawal
						of bids shall be made a part of the appropriate procurement
						file.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-6-3.106.10.1 - Definition

Current through June 25, 2024
Any bid received after the time and date set for receipt
						of bids is late. Any withdrawal or modification of a bid received after the
						time and date set for opening of bids at the place designated for opening is
						late.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-6-3.106.10.2 - Treatment

Current through June 25, 2024
No late bid, late modification, or late withdrawal will
						be considered unless receipt would have been timely but for the action or
						inaction of state personnel directly serving the procurement
						activity.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-6-3.106.10.3 - Notice

Current through June 25, 2024
Bidders submitting late bids which shall not be
						considered for award shall be so notified as soon as
						practicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.10 - Late Bids, Late Withdrawals, and Late Modifications › Section 12-6-3.106.10.4 - Records

Current through June 25, 2024
Records equivalent to those required in Subsection
						3.106.09.2, Pre-Opening Modification or Withdrawal of Bids, Records, shall be
						made and kept for each late bid, late modification, or late
						withdrawal.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.11 - Receipt, Opening, and Recording of Bids › Section 12-6-3.106.11.1 - Receipt

Current through June 25, 2024
Upon its receipt, each bid and modification shall be
						date-stamped or time/date-stamped but not opened and shall be stored in a
						secure place until the time and date set for bid opening. Electronic bids
						received will be stored in an electronic lockbox until the time designated for
						the bid opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.11 - Receipt, Opening, and Recording of Bids › Section 12-6-3.106.11.2 - Opening and Recording

Current through June 25, 2024
Bids and modifications shall be opened publicly, in the
						presence of two or more individuals, at the time, date, and place designated in
						the Invitation for Bids. The name of each bidder, the bid price, and such other
						information as is deemed appropriate by the Agency Procurement Officer, shall
						be read aloud or otherwise made available. Such information also may be
						recorded at the time of bid opening; that is, the bids may be tabulated or a
						bid abstract made. The names of required witnesses shall also be recorded at
						the opening. The opened bids shall be available for inspection by participants
						except to the extent the bidder designates trade secrets or other proprietary
						data to be confidential as set forth in Subsection 3.106.11.3, Confidential
						Data. Material so designated shall accompany the bid and shall be readily
						separable from the bid in order to facilitate public inspection of the
						nonconfidential portion of the bid. Prices and makes and models or catalog
						numbers of the items offered, deliveries, and terms of payment shall be
						publicly available at the time of bid opening regardless of any designation to
						the contrary. Bids shall be available for inspection at any time subsequent to
						the awarding of the contract affected by those bids. Inspection shall be in
						compliance with Section 1.108, Public Access to Procurement
						Information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.11 - Receipt, Opening, and Recording of Bids › Section 12-6-3.106.11.3 - Confidential Data

Current through June 25, 2024
The Agency Procurement Officer shall examine the bids to
						determine the validity of any requests for nondisclosure of trade secrets and
						other proprietary data identified in writing. If the parties do not agree as to
						the disclosure of data, the Agency Procurement Officer shall inform the bidders
						in writing what portions of the bids will be disclosed and that, unless the
						bidder protests under Chapter 6, Legal and Contractual Remedies, the bids will
						be so disclosed. The bids shall be open to inspection as set forth in Section
						1.108, Public Access to Procurement Information, subject to any continuing
						prohibition on the disclosure of confidential data.
Commentary
It may be appropriate to establish bid receipt times for
						commodity contracts no earlier than 2:00 p.m. on Tuesday through Friday and not
						to set bid receipt for the day after a legal holiday.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.1 - General

Current through June 25, 2024
Correction or withdrawal of a bid because of an
						inadvertent, nonjudgmental mistake in the bid requires careful consideration to
						protect the integrity of the competitive bidding system and to assure fairness.
						If the mistake is attributable to an error in judgment, the bid may not be
						corrected. Bid correction or withdrawal by reason of a nonjudgmental mistake is
						permissible but only to the extent it is not contrary to the interest of the
						State or the fair treatment of other bidders.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.2 - Mistakes Discovered Before Opening

Current through June 25, 2024
A bidder may correct mistakes discovered before the time
						and date set for bid opening by withdrawing or correcting the bid as provided
						in Subsection 3.106.09, Pre-Opening Modification or Withdrawal of
						Bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.3 - Confirmation of Bid

Current through June 25, 2024
When the Agency Procurement Officer knows or has reason
						to conclude that a mistake has been made, such officer should request the
						bidder to confirm the bid. Situations in which confirmation should be requested
						include obvious, apparent errors on the face of the bid or a bid unreasonably
						lower than the other bids submitted. If the bidder alleges mistake, the bid may
						be corrected or withdrawn if the conditions set forth in Subsection 3.106.12.4,
						Mistakes Discovered After Opening but Before Award, Subsection 3.106.12.5,
						Mistakes Discovered After Award, and 3.106.12.6, Determinations Required, are
						met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.4 - Mistakes Discovered After Opening but Before Award

Current through June 25, 2024
This subsection sets forth procedures to be applied in
						three situations described in Subsection 3.106.12.4 (1), Minor Informalities,
						Subsection 3.106.12.4 (2), Mistakes Where Intended Correct Bid Is Evident, and
						Subsection 3.202.13.4 (3), Mistakes Where Intended Correct Bid is Not Evident,
						in which mistakes in bids are discovered after the time and date set for bid
						opening but before award.
(1) Minor
					 Informalities
Minor informalities are matters of form rather than
						substance evident from the bid document, or insignificant mistakes that can be
						waived or corrected without prejudice to other bidders; that is, the effect on
						price, quantity, quality, delivery, or contractual conditions is negligible.
						The Agency Procurement Officer shall waive such informalities or allow the
						bidder to correct them depending on which is in the best interest of the State.
						Examples include the failure of a bidder to:
(a) Return the number of signed bids required
					 by the Invitation for Bids;
(b)
					 Sign the bid, but only if the unsigned bid is accompanied by other material
					 indicating the bidder's intent to be bound;
(c) Failure to submit literature or samples
					 with bid provided that such literature or samples shall be received prior to
					 any award being made; or
(d)
					 Acknowledge receipt of an amendment to the Invitation for Bids, but only if:
(i) It is clear from the bid that the bidder
					 received the amendment and intended to be bound by its terms; or
(ii) The amendment involved had a negligible
					 effect on price, quantity, quality, or delivery.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.5 - Mistakes Discovered After Award

Current through June 25, 2024
Mistakes shall not be corrected after award of the
						contract except where the Chief Procurement Officer or the Agency Procurement
						Officer makes a written determination that it would be unconscionable not to
						allow the mistake to be corrected.