reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.03 - Delegation of Authority to Procurement Officer › Section 12-6-6.103.03.1 - Procurement Officer Authority

Current through June 25, 2024
Subject to Subsection 6.103.03.2 of this section, unless
						a provision of the contract specifies that the authority to settle and resolve
						controversies and to issue decisions is reserved to the Chief Procurement
						Officer or the head of a purchasing agency, such authority is hereby delegated
						to the Procurement Officer. Within this Regulation, therefore, "Procurement
						Officer" denotes the person with such authority whether that is the Procurement
						Officer, the Chief Procurement Officer, the head of a purchasing agency, or a
						designee of such officer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.03 - Delegation of Authority to Procurement Officer › Section 12-6-6.103.03.2 - Prior Approval of Large Settlements

Current through June 25, 2024
The settlement or resolution of controversies involving
						claims in excess of $15,000 is subject to the prior written approval of the
						Chief Procurement Officer or the head of a purchasing agency. In such cases,
						the Procurement Officer shall prepare a recommended decision for the Chief
						Procurement Officer or the head of a purchasing agency.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.04 - Procurement Officer's Decision › Section 12-6-6.103.04.1 - Procedures Prior to Issuing Decision

Current through June 25, 2024
When a controversy cannot be resolved by mutual
						agreement, the Procurement Officer shall, after written request by the
						contractor for a final decision, promptly issue a written decision. Before
						issuing a final decision, the Procurement Officer shall:
(a) review the facts pertinent to the
					 controversy; and
(b) secure any
					 necessary assistance from legal, fiscal, and other advisors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.04 - Procurement Officer's Decision › Section 12-6-6.103.04.2 - Final Decision

Current through June 25, 2024
The Procurement Officer shall immediately furnish a copy
						of the decision to the contractor, by certified mail, return receipt requested,
						or by any other method that provides evidence of receipt, and include in the
						decision:
(a) a description of the
					 controversy;
(b) a reference to
					 pertinent contract provisions;
(c)
					 a statement of the factual areas of agreement or disagreement;
(d) a statement of the Procurement Officer's
					 decision, with supporting rationale;
(e) a paragraph substantially as follows:
"This is the final decision of the Procurement Officer.
						This decision may be appealed to the Procurement Review Board. If you decide to
						make such an appeal, you must mail or otherwise furnish written notice of
						appeal to the Procurement Review Board within 7 days from the date you receive
						this decision. A copy of the notice of appeal shall be furnished to the
						Procurement Officer from whose decision the appeal is taken. The notice shall
						indicate that an appeal is intended, reference the decision from which the
						appeal is being taken, and identify the contract involved."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.04 - Procurement Officer's Decision › Section 12-6-6.103.04.3 - Failure to Timely Issue Final Decision

Current through June 25, 2024
If the Procurement Officer does not issue a written
						decision within 60 days after written request by the contractor for a final
						decision, or within such longer period as may be agreed upon by the parties,
						then the contractor may proceed as if an adverse decision has been
						received.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.04 - Procurement Officer's Decision › Section 12-6-6.103.04.4 - Payments of Amounts Found Due

Current through June 25, 2024
The amount determined payable pursuant to the decision,
						less any portion already paid, normally should be paid without awaiting
						contractor action concerning appeal. Such payment shall be without prejudice to
						the rights of either party and where such payments are required to be returned
						by a subsequent decision, interest on such payments shall be paid at the
						statutory rate from the date of payment; provided, however, that any payment
						made shall be in compliance with State law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Section 12-6-6.103.05 - Controversies Involving Mississippi Claims Against the Contractor

Current through June 25, 2024
All controversies involving claims asserted by the State
					 against a contractor which cannot be resolved by mutual agreement shall be the
					 subject of a decision by the Procurement Officer, the Chief Procurement
					 Officer, or the head of a purchasing agency, as applicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.06 - Interest › Section 12-6-6.103.06.1 - Payable on Claims

Current through June 25, 2024
Interest on amounts ultimately determined to be due to a
						contractor or the State shall be payable at the statutory rate applicable to
						judgments from the date the claim arose through the date of decision or
						judgment, whichever is later. Reference Section
						31-7-301
						through
						31-7-317
						Mississippi Code.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Sec2 12-6-6.103.06 - Interest › Section 12-6-6.103.06.2 - Contract Clause

Current through June 25, 2024
Each contract between the State and a contractor may
						contain a paragraph substantially similar to Subsection 6.103.06.1 of this
						section.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.103 - Authority to Resolve Contract and Breach of Contract Controversies › Section 12-6-6.103.07 - Disputes Clause

Current through June 25, 2024
Language substantially similar to the following clause may
					 be inserted in all Mississippi contracts:
"Disputes
(1) All
				  controversies between the State and the contractor which arise under, or are by
				  virtue of, this contract and which are not resolved by mutual agreement, shall
				  be decided by the Chief Procurement Officer in writing, within 60 days after a
				  written request by the contractor for a final decision concerning the
				  controversy; provided, however, that if the Chief Procurement Officer does not
				  issue a written decision within 60 days after written request for a final
				  decision, or within such longer period as may be agreed upon by the parties,
				  then the contractor may proceed as if an adverse decision had been
				  received.
(2) The Chief Procurement
				  Officer shall immediately furnish a copy of the decision to the contractor, by
				  certified mail, return receipt requested, or by any other method that provides
				  evidence of receipt.
(3) Any such
				  decision shall be final and conclusive, unless fraudulent, or:
(a) within the 7 days from the date of
				  receipt of the decision, the contractor mails or otherwise furnishes written
				  notice of appeal to the Procurement Review Board.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.201 - Applicability of this Part › Sec2 12-6-6.201.01 - Determination that Solicitation or Award Violates Law › Section 12-6-6.201.01.1 - Determination

Current through June 25, 2024
A solicitation or award may be in violation of the law
						due to actions of state employees, bidders, offerers, contractors, or other
						persons. After consultation with the Attorney General, the Chief Procurement
						Officer or the head of a purchasing agency may determine that a solicitation or
						contract award is in violation of the provisions of the Mississippi Procurement
						Code or Regulations. After consultation with the Attorney General, the Ethics
						Commission may determine that a solicitation or award violates Ethics in Public
						Contracting of the Mississippi Procurement Regulation or the regulations
						promulgated thereunder. Any such determination shall be made in writing after
						an opportunity to be heard is given, and such determination is subject to
						appropriate appeal. [The Procurement Review Board may determine that a
						solicitation or contract award is in violation of the provisions of the
						Mississippi Procurement Regulations.]
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.201 - Applicability of this Part › Sec2 12-6-6.201.01 - Determination that Solicitation or Award Violates Law › Section 12-6-6.201.01.2 - Finding of Bad Faith or Fraud

Current through June 25, 2024
Bad faith or fraud shall not be assumed. Specific
						findings showing reckless disregard of clearly applicable laws or regulations
						must support a finding of bad faith. A finding of fraud must be supported by
						specific findings showing knowing, willful acts in disregard of such laws or
						regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.202 - Remedies Prior to an Award › Section 12-6-6.202.01 - Cancelling or Revising Solicitation or Proposed Award to Comply with Law

Current through June 25, 2024
A finding by the Chief Procurement Officer, after
					 consultation with the Attorney General, that the solicitation or proposed award
					 is in violation of law will constitute a compelling reason to cancel or revise
					 a solicitation or proposed award. Such cancellation shall be made in accordance
					 with Regulation 3.112 (Cancellation of Invitations for Bids or Requests for
					 Proposals).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.203 - Remedies After an Award › Section 12-6-6.203.01 - Termination

Current through June 25, 2024
Contracts based on awards or solicitations that were in
					 violation of law shall be terminated at no cost to the State, except as may be
					 approved by the Public Procurement Review Board (PPRB) in compliance with State
					 law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Sec2 12-6.203 - Remedies After an Award › Section 12-6-6.203.02 - Effect of Declaring a Contract Null and Void

Current through June 25, 2024
In all cases where a contract is voided, the State shall
					 endeavor to return those supplies delivered under the contract that have not
					 been used or distributed. No further payments shall be made under the contract
					 and the State is entitled to recover the greater of:
(a) the difference between payments made
				  under the contract and the contractor's actual costs up until the contract was
				  voided; or
(b) the difference
				  between payments under the contract and the value to the State of the supplies,
				  services, or construction if obtained under the contract.
The State may in addition claim damages under any
					 applicable legal theory.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.204 - Protest of Solicitations or Awards

Current through June 25, 2024
(1) Scope
This section applies to:
(a)a protest of a solicitation or award of a
				contract addressed to the Procurement Review Board by an aggrieved actual or
				prospective bidder or offeror, or a contractor; and
(b) an appeal addressed to the Board of a
				decision under Section 6.101.03.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.205 - Suspension or Debarment Procedures

Current through June 25, 2024
(1) Scope
This section applies to a review by the Procurement Review
				  Board of a decision under Section 6.102, Authority to Debar or Suspend.
(2) Time Limitations on Filing an
				Appeal
The aggrieved person shall file its appeal with the Board
				  within 7 days of the receipt of a decision under Section 6.102(3), Authority to
				  Debar or Suspend, Decision.
(3) Decision
The Board shall promptly decide whether, or the extent to
				  which, the debarment or suspension was in accordance with the Constitution,
				  statutes, regulations, and the best interests of the State, and was fair. The
				  proceeding shall be de novo. Any prior determinations by administrative
				  officials shall not be final or conclusive.
(4) Standard of Review for Factual Issues
A determination of an issue of fact by the Board under
				  Subsection (3) of this section shall be final and conclusive unless arbitrary,
				  capricious, fraudulent, or clearly erroneous.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.206 - Contract and Breach of Contract Controversies

Current through June 25, 2024
(1)
				Scope
This section applies to a review by the Procurement Review
				  Board of a decision under Section 6.103, Authority to Resolve Contract and
				  Breach of Contract Controversies.
(2) Time Limitations on Filing an Appeal
The aggrieved contractor shall file its appeal with the Board
				  within 7 days of the receipt of a decision under Section 6.103(3), Authority to
				  Resolve Contract and Breach of Contract Controversies, Decision.
(3) Decision
The Board shall promptly decide the contract or breach of
				  contract controversy. The proceeding shall be de novo. Any prior determinations
				  by administrative officials shall not be final or conclusive.
(4) Standard of Review for Factual Issues
A determination of an issue of fact by the Board under
				  Subsection (3) of this section shall be final and conclusive unless arbitrary,
				  capricious, fraudulent, or clearly erroneous.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.208 - Appeal and Review of Procurement Appeals Board Decisions

Current through June 25, 2024
(1) Appeal
Any person receiving an adverse decision, the State, or both
				  may appeal from a decision by the Procurement Review Board to the designated
				  court or courts of the State.
(2) Authorization of Appeal by the State
No such appeal shall be made by the State unless recommended
				  by the Chief Procurement Officer or the head of the purchasing agency involved
				  and approved by the Attorney General.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.209 - Discontinuance of Contractor's Appeal

Current through June 25, 2024
After notice of an appeal to the Procurement Review Board has
				  been filed with the Chief Procurement Officer or the head of a purchasing
				  agency, a contractor may not discontinue such appeal without prejudice, except
				  as authorized by the Board.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 6 - Legal and Contractual Remedies › Section 12-6.210 - Debriefings

Current through June 25, 2024
In accordance with Chapter 3, Section 3.107.18 of the Manual,
				  the Agency Procurement Officer is authorized to provide debriefings that
				  furnish the basis of the source selection decision and contract award.
				  Debriefings may only be conducted when utilizing the competitive sealed
				  proposal process as authorized in Chapter 3, Section 3.107.
(1) At the written request of any offeror who
				has submitted a proposal, debriefings may be given orally, in writing, or by
				any other method acceptable to the Agency Procurement Officer. Such debriefings
				may be given at any time on or after the eighth (8th) day after the agency has
				awarded the contract. In no case may an offeror request a debriefing more than
				thirty (30) days after the agency has awarded the contract.
(2) An offeror's written request for a
				debriefing should include a list of any questions an offeror may have in order
				to assist the Agency Procurement Officer or agency staff in preparing for the
				debriefing.
(3) A post-award
				debriefing may include:
(a) The agency's
				evaluation of significant weaknesses or deficiencies in the proposal, if
				applicable;
(b) The overall
				evaluated cost or price (including unit prices) and technical rating, if
				applicable, of the successful offeror and the debriefed offeror;
(c) The overall ranking of all proposals,
				when any such ranking was developed during the source selection;
(d) A summary of the rationale for
				award;
(e) Reasonable responses to
				relevant questions about whether source selection procedures contained in the
				Request for Proposals and applicable law were followed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Section 12-6-7.101 - Definitions of Terms Used in this Chapter

Current through June 25, 2024
(1)
				Cooperative Purchasing - procurement conducted by, or on behalf of, more than
				one Public Procurement Unit, or by a Public Procurement Unit with an External
				Procurement Activity.
(2) External
				Procurement Activity - any buying organization not located in this State which,
				if located in this State, would qualify as a Public Procurement Unit. An agency
				of the United States is an External Procurement Activity.
(3) Governing Authority - defined in Section
				31-7-1,
				Mississippi Code of 1972, Annotated.
(4) Public Procurement Unit - either a
				procurement entity of a governing authority or of a state agency.
(5) Agency - defined in Section
				31-7-1,
				Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Sec2 12-6-7.102 - Purchasing by Governing Authorities › Section 12-6-7.102.01 - Options Available to Purchase Commodities and Equipment

Current through June 25, 2024
When purchasing commodities and/or equipment, the governing
					 authority may follow the procedures set forth as follows:
(1) Follow statutory purchasing procedures
				  set forth in Section
				  31-7-13,
				  Mississippi Code of 1972, Annotated.
(2) Make purchases from contracts executed by
				  the Office of Purchasing, Travel and Fleet Management. These contracts may
				  include competitively bid contracts, negotiated contracts, cooperative
				  contracts, and agency contracts which are deemed to be available to all
				  entities by the Office of Purchasing, Travel and Fleet Management. Purchases
				  made under the terms of this section shall be excepted from the normal bid
				  requirements as per Section
				  31-7-13(m)(i),
				  Mississippi Code of 1972, Annotated.
(3) Purchase the identical commodity or
				  equipment offered on a contract established by the Office of Purchasing, Travel
				  and Fleet Management f rom a vendor other than the one listed on the contract
				  at a price not exceeding the state contract price. Identical shall mean that
				  the product is the same make, model, item number, product code, manufacturer
				  and description as the item on the state contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Sec2 12-6-7.102 - Purchasing by Governing Authorities › Section 12-6-7.102.02 - Purchasing Vehicles Having a Gross Weight Rating of Less Than 26,000 Pounds

Current through June 25, 2024
When purchasing vehicles having a gross weight rating of
					 less than 26,000 pounds, the governing authority may follow the procedures set
					 forth as follows:
(1) Follow statutory
				  purchasing procedures as set forth in Section
				  31-7-13,
				  Mississippi Code of 1972, Annotated, and award to the low responsive bidder
				  regardless of dealer's location within the State. All vehicle sales firms doing
				  business in Mississippi must have a Mississippi Motor Vehicle License Number as
				  authorized in Section
				  63-17-73,
				  Mississippi Code of 1972, Annotated.
(2) Follow statutory purchasing procedures as
				  set forth in Section
				  31-7-13,
				  Mississippi Code of 1972, Annotated, and award to the low responsive bidder
				  domiciled within the county in which the governing authority is located,
				  provided that the bid from the local dealer does not exceed the invoice cost of
				  the vehicle by more than three percent (3%), Section
				  31-7-18,
				  Mississippi Code of 1972, Annotated.
(3) Make purchases from contracts established
				  by the Office of Purchasing, Travel and Fleet Management. These contracts may
				  include competitively bid contracts, negotiated contracts, agency contracts,
				  and cooperative contracts which are deemed to be available to all entities by
				  the Office of Purchasing, Travel and Fleet Management. Purchases made under the
				  terms of this section shall be excepted from the normal bid requirements as per
				  Section
				  31-7-13(m)(i),
				  Mississippi Code of 1972, Annotated.
(4) Purchase the identical commodity or
				  equipment offered on a contract established by the Office of Purchasing, Travel
				  and Fleet Management from a vendor other than the one listed on the contract at
				  a price not exceeding the state contract price. Identical shall mean that the
				  product is the same make, model, item number, product code, manufacturer and
				  description as the item on the state contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Sec2 12-6-7.103 - In-State Cooperative Purchasing › Section 12-6-7.103.01 - Cooperative Purchasing Agreement Between a State Agency and a Local Governing Authority

Current through June 25, 2024
Any agreement between the State and a local public
					 procurement unit which provides that certain open-ended procurement contracts
					 (requirement contracts) shall be available to the local public procurement unit
					 shall also provide the following:
(1)
				  The State shall conduct the procurements in compliance with the Mississippi
				  Procurement Manual and applicable statutes.
(2)When the governing authority elects to
				  procure any commodity under the state contract, all of its purchases for such
				  commodities shall be obtained by placing purchase orders against the
				  appropriate state contract in accordance with the terms and conditions of such
				  contract.
(3)Payment for supplies
				  or services ordered by the local public procurement unit under state contracts
				  shall be the exclusive obligation of such jurisdiction.
(4)Inspection and acceptance of supplies or
				  services ordered by the local public procurement unit under state contracts
				  shall be the exclusive obligation of such jurisdiction.
(5) The State may terminate the cooperative
				  agreement for failure of the local public procurement unit to comply with the
				  terms of the contract or pay a contractor to whom the State has awarded a
				  contract.
(6) The exercise of any
				  warranty rights attaching to commodities received by the local public
				  procurement unit under state contracts shall be the exclusive obligation of
				  such jurisdiction.
(7)Failure of a
				  local public procurement unit which is procuring commodities under a state
				  contract to secure performance from the contractor in accordance with the terms
				  and conditions of its purchase order will not necessarily require the State or
				  any other local public procurement unit to consider the default or to
				  discontinue procuring under the contract.
(8) Any transactions shall be in compliance
				  with applicable section of Section 31-7, Mississippi Code of 1972,
				  Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Section 12-6-7.104 - Sale, Acquisition, or Use of Commodities by a Public Procurement Unit

Current through June 25, 2024
Any public procurement unit may sell to, acquire from, or use
				  any commodities belonging to another public procurement unit or external
				  procurement activity as authorized by Sections
				  31-7-7 and
				  31-7-13,
				  Mississippi Code 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 7 - Intergovernmental Relations › Section 12-6-7.105 - Multi-State Cooperative Contracts

Current through June 25, 2024
The Office of Purchasing, Travel and Fleet Management may
				  enter into multi-state contracts which allow state agencies and governing
				  authorities to purchase commodities and equipment, at prices established by the
				  contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.01 - Methods › Section 12-6-8.101.01.1 - Disposal of Personal Property

Current through June 25, 2024
Items with an estimated value of not more than $1,000 may
						be salvaged, sold, traded, or transferred to other governmental
						entities.
Items with an estimated value of greater than $1,000 and
						not more than $5,000 can be traded, transferred or sold. When trading or
						selling items with a value of greater than $1,000 and not more than $5,000 a
						minimum of two written quotes must be obtained.
Items with an estimated value greater than $5,000 can be
						transferred, traded or sold. An item or group of items of personal property
						with a total estimated value of greater than $5000 may only be sold or traded
						after complying with the requirements set forth below for sealed bids as set
						forth in Subsection 8.101.01.2 or by auction as set forth in Subsection
						8.101.03, Auction.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.01 - Methods › Section 12-6-8.101.01.3 - Personal property may be transferred from one state agency to another state agency (including transfers to the Office of Surplus Property)

Current through June 25, 2024
Property may also be transferred from a state agency to a
						governing authority. Transfers, or sale of property from one state agency to
						another, do not require approval of the Office of Purchasing, Travel and Fleet
						Management. The agencies must still submit the completed Inventory Deletion
						Form t o the Division of Property Control, Office of the State Auditor and must
						obtain approval prior to disposing of the property.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.01 - Methods › Section 12-6-8.101.01.4 - An item or group of items of personal property may be sold to another state agency or governing authority by private treaty sale as set forth in Subsection 8.101.04.1, Private treaty sale is generally intended to refer to a sale based on the buyer's acceptance of a price set by the seller

Current through June 25, 2024
An item or group of items of personal property with a
						total estimated value of not more than $1,000 may be sold by private treaty
						negotiated sale to any private entity as set forth in Subsection 8.101.04.1,
						Private treaty sale is generally intended to refer to a sale based on the
						buyer's acceptance of a price set by the seller. An item or group of items of
						personal property with a total estimated value of not more than $5000 may be
						sold to the highest bidder after first obtaining at least two written quotes.
						An item or group of items of personal property with a total estimated value of
						greater than $5000 may only be sold after complying with the requirements set
						forth below for sealed bids or auction as set forth in Subsection 8.101.02.1,
						Sealed Bid, or Subsection 8.101.03, Auction.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.02 - Sale of Personal Property may be accomplished by public auction, sealed bid, or private treaty negotiated sale › Section 12-6-8.101.02.1 - Sealed Bid

Current through June 25, 2024
Agencies when disposing of personal property by sealed
						bid will be required to advertise the sale in the same manner as set forth in
						Section
						31-7-13(c),
						Mississippi Code of 1972, Annotated (with the exception of providing notice of
						the advertisement to the Mississippi Procurement Technical Assistance Program
						(MPTAP) under the Mississippi Development Authority). Such advertisement shall
						be made one time each week for two consecutive weeks and shall be made in a
						newspaper published in the county or municipality in which the agency is
						located or in a newspaper of state circulation. Such advertisement should
						indicate where, when, and for how long Invitation for Bids may be obtained;
						generally describe the items being sold; when and where the items may be seen;
						and contain other pertinent information but is not required to include detailed
						specifications. Bids received for such sale shall be handled in compliance with
						Subsection 3.106.11, Receipt, Opening, and Recording of Bids. No equipment sold
						by sealed bid shall be released to the successful bidder until the Inventory
						Deletion Form has been approved by the Office of Purchasing, Travel and Fleet
						Management and Property Control, Office of the State Auditor. The opening of
						sealed bids for the sale of state owned property shall be in compliance with
						Subsection 3.106.11, Receipt, Opening and Recording of Bids.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.02 - Sale of Personal Property may be accomplished by public auction, sealed bid, or private treaty negotiated sale › Section 12-6-8.101.02.2 - Property Disposal Specifications

Current through June 25, 2024
The specifications or instructions to prospective buyers
						should provide a listing of all items being offered and such listing shall
						provide, but is not limited to, the following:
(1) Classification; (i.e., chair, typewriter,
					 automobile, etc.).
(2) Make -
					 Model
(3) Year of
					 manufacture.
(4) Mileage or hours
					 used
(5) Location - (Where the item
					 may be seen.).
(6) Date and time
					 when item may be inspected.
(7)
					 Address of location to which the bids shall be delivered.
(8) Time and date set for the bid
					 opening.
(9) Name of person
					 (include telephone number) to be contacted if additional information is
					 necessary.
Commentary
This listing, appropriately, should also serve as the Bid
						Form in which case each item should be numbered in a manner that would be
						easily recognized by any prospective buyer. The number shown on the item shall
						be the same as the number shown on the listing applicable to that
						item.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.02 - Sale of Personal Property may be accomplished by public auction, sealed bid, or private treaty negotiated sale › Section 12-6-8.101.02.3 - Bid Rejection

Current through June 25, 2024
The selling agency shall have the authority to reject any
						or all bids or any part of any or all bids if it is determined by the head of
						the selling agency, the Chief Procurement Officer, or a designee of either
						that:
(1)The item should remain in
					 service with the using agency or that it would be to the best interest of the
					 State to transfer, etc., or sell the item to another agency or governing
					 authority;
(2) The best price
					 offered was determined to be too low; or
(3)The information provided on the listing of
					 items was erroneous or misleading in such a manner as to be detrimental to the
					 buyer or the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.1 - Public auctions have long been an acceptable, as well as preferred method of disposing of surplus property that is advantageous to the State

Current through June 25, 2024
Auctions allow buyers to offer more than a single price
						for any particular item. This is not the case with the sealed bid procedure.
						Because of this, items sold at auction have historically brought more money
						than those sold by sealed bid.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.2 - Selection Process

Current through June 25, 2024
Auctioneers or auction companies and the selection of
						them provides for three (3) options which are:
(1) Auctions that are held on agency
					 property;
(2) Auctions held at
					 auction company location; and
(3)
					 Online auctions
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.3 - Auctions Held on Agency Property

Current through June 25, 2024
When conducting an auction at the agency location, a
						decision must be made as to the extent of the involvement by the auction
						company. The two options available are:
(1) Will the auction company only be required
					 to sell each item with no involvement in any other aspect; i.e., advertisement,
					 item numbering, paper work, collection, etc; or
(2) Will the auction company provide a "lock
					 and key" job? In which case the auction company will be responsible for all
					 aspects of the auction up to the depositing of receipts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.4 - If the auction company is responsible only for selling each item, the selling agency may negotiate with a company provided the fee does not exceed an amount equal to ten percent (10%) per item but not to exceed $50 per item

Current through June 25, 2024
Example: The fee would be ten percent (10%) on any item
						selling for not more than $500. Items selling for more than $500 will generate
						a flat fee of $50 per item to the auction company.
Buyers fee may be allowed. Such contracts may be made
						without advertising; however, the Chief Procurement Officer or his/her designee
						must review contract prior to execution.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.5 - If the auction company fee is in excess of that set forth in 8.101.03.4, the auction company may only be selected through the competitive bid process

Current through June 25, 2024
Specifications shall be written which shall set forth all
						requirements imposed on the auction companies offering bids. No buyer fee is
						allowed if auction is held on agency property. The intent to contract shall be
						advertised in compliance with Section
						31-7-13(c),
						Mississippi Code of 1972, Annotated, and approval of specifications must be
						granted by the Chief Procurement Officer or his/her designee.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.6 - Dealer Auctions

Current through June 25, 2024
Vehicles - see State Fleet Manual.
Other equipment - If the dealer auction company is
						responsible only for selling each item, the selling agency may negotiate with a
						company, provided the fee does not exceed an amount equal to ten percent (10%)
						per item but not to exceed $50 per item. Buyers fee may be allowed for this
						type of disposal (vehicle).
Example: The fee would be ten percent (10%) on any item
						selling for not more than $500. Items selling for more than $500 will generate
						a flat fee of $50 per item to the dealer auction company.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.03 - Auction › Section 12-6-8.101.03.7 - Any time equipment owned by state agencies is sold at public auction, the Office of Purchasing, Travel and Fleet Management shall be notified in writing not less than 15 days prior to the auction

Current through June 25, 2024
This notification shall include:
(1) A detailed list of the items being
					 sold,
(2) The time, date, and place
					 where the auction will be held,
(3)
					 A copy of the auctioneer's contract,
(4) Copies of specifications and bids for
					 auctioneer's services (if applicable),
(5) A list of potential buyers who are being
					 sent a notification of the auction; and
(6)A copy of, or a draft of, a legal
					 advertisement to notify potential bidders of the day, time, and place of
					 auction. The advertisement should run in a newspaper of general circulation in
					 the county in which the auction will be held and should appear in the paper not
					 less than twice. The second appearance of the advertisement shall be not less
					 than seven (7) working days prior to the auction. If a copy of an advertisement
					 is submitted, it should include the days in which it appeared in the newspaper.
					 If a draft of an advertisement is submitted, the agency should indicate the
					 days it will appear in the newspaper.
Included with this information should be a request for
						authority to proceed with the auction. If approved, the agency shall have
						authority to release the property to the successful bidders at the time of the
						auction. Buyers fees are allowed if the agency agrees to the percentage of fee
						charged. Agencies will still be required to submit the appropriate
						Authorization to Dispose of Personal Property, Inventory Deletion Form, after
						the auction. The Office of Purchasing, Travel and Fleet Management r eserves
						the right to attend any auction and to reject any bid which is determined to
						not be in the best interest of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.04 - Private Treaty › Section 12-6-8.101.04.1 - Private treaty sale is generally intended to refer to a sale based on the buyer's acceptance of a price set by the seller

Current through June 25, 2024
Private treaty sale is generally intended to refer to a
						sale based on the buyer's acceptance of a price set by the seller. An item or
						group of items of personal property may be sold to another state agency or
						governing authority by private treaty sale. Such a method of sale applicable to
						state-owned property can only be used if the buyer is another state agency or
						is a governing authority (both entities must meet the requirements as set forth
						in the definitions of each in Section
						31-7-1,
						Mississippi Code of 1972, Annotated) ; or if the agency determines the value of
						the state-owned property is less than, $1,000, a private treaty sale may be
						negotiated with a private entity. Agencies interested in entering into private
						treaty sales with governing authorities or private entities shall submit an
						Inventory Deletion Form t o the Office of Purchasing, Travel and Fleet
						Management f or review.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Sec2 12-6-8.101.04 - Private Treaty › Section 12-6-8.101.04.2 - When using the private treaty method, it should be the consideration of the selling agency that the price not be set too high, such as book retail price

Current through June 25, 2024
This could and, in many cases, will create a situation
						that because no agency or governing authority would pay the price being asked,
						the equipment was sold at public auction to a private entity buyer at a price
						less than that which was asked of the government entities. Keep in mind that if
						another agency or a governing authority has use for equipment that becomes
						surplus to the selling agency then the selling agency should give every
						consideration to "cutting a deal" for any other government entity having a need
						for the item; however, if the selling entity has statutory authority to
						rebudget the proceeds from the sale of surplus property, they should employ a
						method which involves competition (auction or sealed bid). In doing so, the
						seller would realize the best price available at that time and the buyer,
						should it be another government entity, may get the equipment at a price less
						than that which had been asked.
Commentary
If your agency has no statutory authority to rebudget
						proceeds from the sale of the equipment, you may wish to simply transfer the
						item to another agency or governing authority. Agencies should keep in mind
						that the Office of Surplus Property i s in the business of redistributing
						surplus property to those entities that have a need for the items. Interested
						agencies should contact the Office of Surplus Property t o ascertain the
						available options.