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 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.12 - Mistakes in Bids › Section 12-6-3.106.12.6 - Determinations Required

Current through June 25, 2024
When a bid is corrected or withdrawn, or correction or
						withdrawal is denied, under Subsections 3.106.12.4, Mistakes Discovered After
						Opening but Before Award, or 3.106.12.5, Mistakes Discovered After Award, the
						Chief Procurement Officer or the Agency Procurement Officer shall prepare a
						written determination showing that the relief was granted or denied in
						accordance with these regulations, except that the Agency Procurement Officer
						shall approve the determination required under Subsection 3.106.12.4 (1), Minor
						Informalities.
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 12-6-3.106.13 - Bid Evaluation and Award › Section 12-6-3.106.13.1 - General

Current through June 25, 2024
The contract is to be awarded to the lowest and best
						responsible/responsive bidder whose bid meets the requirements and criteria set
						forth in the Invitation for Bids. See Subsection 3.106.14.2, Award. The
						Invitation for Bids shall set forth the requirements and criteria which will be
						used to determine the lowest and best responsible/ responsive bidder. No bid
						shall be evaluated for any requirement or criterion that is not disclosed in
						the 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 12-6-3.106.13 - Bid Evaluation and Award › Section 12-6-3.106.13.2 - Responsibility and Responsiveness

Current through June 25, 2024
Responsibility of prospective contractors is covered by
						Section 3.113, Responsibility of Bidders and Offerers. Responsiveness of bids
						is covered by Subsection 3.101.01(6), Responsive Bidder, which defines
						responsive bidder as "a person who has submitted a bid which conforms in all
						material respects to the 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 12-6-3.106.13 - Bid Evaluation and Award › Section 12-6-3.106.13.3 - Product Acceptability

Current through June 25, 2024
The Invitation for Bids shall set forth any evaluation
						criterion to be used in determining product acceptability. It may require the
						submission of bid samples, descriptive literature, technical data, or other
						material. It may also provide for accomplishing any of the following prior to
						award:
(1) Inspection or testing of a
					 product prior to award for such characteristics as quality or
					 workmanship.
(2) Examination of
					 such elements as appearance, finish, taste, or feel.
(3) Other examinations to determine whether
					 it conforms with any other purchase description requirements.
The acceptability evaluation is not conducted for the
						purpose of determining whether one bidder's item is superior to another but
						only to determine that a bidder's offering is acceptable as set forth in the
						Invitation for Bids. Any bidder's offering which does not meet the
						acceptability requirements shall be rejected as
						non-responsive.
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 12-6-3.106.13 - Bid Evaluation and Award › Section 12-6-3.106.13.4 - Determination of Lowest and Best Bidder

Current through June 25, 2024
Following determination of product acceptability as set
						forth in Subsection 3.106.13.3, Product Acceptability, if any is required, bids
						will be evaluated to determine which bidder offers the lowest cost to the State
						in accordance with the evaluation criteria set forth in Subsection 3.106.03,
						Invitation for Bids. Only objectively measurable criteria which are set forth
						in Subsection 3.106.13.4, Determination of Lowest and Best Bidder, shall be
						applied in determining the lowest and best bidder. Examples of such criteria
						include, but are not limited to, guaranteed buy back and ownership or
						life-cycle cost formulas. Evaluation factors need not be precise predictors of
						actual future costs, but to the extent possible such evaluation factors
						shall:
(1) Be reasonable estimates
					 based upon information the State has available concerning future use;
					 and
(2) Treat all bids
					 equitably.
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 12-6-3.106.13 - Bid Evaluation and Award › Section 12-6-3.106.13.5 - Restrictions

Current through June 25, 2024
Nothing in this section shall be deemed to permit
						contract award to a bidder submitting a higher quality item than that
						designated in the Invitation for Bids if such bidder is not also the lowest
						bidder as determined under Subsection 3.106.13.4, Determination of Lowest and
						Best Bidder. Further, this section does not permit negotiations with any
						bidder.
Commentary
The following is an example of a life cycle cost
						evaluation procedure for purchasing window air conditioners.
Life Cycle Cost Evaluation
All proposals meeting the requirements of this
						specification will be evaluated on the basis of Life Cycle Cost (LCC). The LCC
						is the initial purchase price, plus the operating costs over an anticipated
						life expectancy. The LCC evaluation formula is as follows:
EC = CO / EER + P
Where: EC = Total evaluated cost ($) over the 5-year
						compressor warranty period.
P = Bid Price ($)
CO = Anticipated operating cost factor of the unit over
						the 5-year warranty period.
EER = The certified Energy Efficiency Ratio.
The EER is the quotient obtained by dividing the BTU/hr.
						output by the electrical watts input during cooling.
This value represents the relative electrical efficiency
						of room air conditioners. (Use higher EER where there is a dual
						voltage.)
CO = (R) (H) (K)
Where: R = Rated minimum capacity from the bid
						form.
H = Total operating hours over 5-year period in each
						area. (5000 hours)*
K = Cost of electricity within each area in $/watt
						hour
K = $0.07 per kilowatt-hour = $0.00007 per
						watt-hour
Vendor A bid $375 for a 12,000 btu unit with an EER of
						10.0
Vendor B bid $345 for a 12,000 btu unit with an EER of
						9.2
Looking only at price the contract would be awarded to
						Vendor B.
Using the calculations:
Vendor A, EC = (12,000 x 5000 x .00007) / 10 + $375 =
						$795.00
Vendor B, EC = (12,000 x 5000 x .00007) / 9.2 + $345 =
						$801.52
As can be seen by this example, the higher priced air
						conditioner with the higher energy efficiency ratio is the better purchase
						because of the lower total cost over the life of ownership. The contract would
						be awarded to Vendor A.
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 12-6-3.106.14 - Low Tie Bids › Section 12-6-3.106.14.1 - Definition

Current through June 25, 2024
Low tie bids are low responsive bids from responsible
						bidders that are identical in price and which meet all the requirements and
						criteria set forth in the 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 12-6-3.106.14 - Low Tie Bids › Section 12-6-3.106.14.2 - Award

Current through June 25, 2024
The prime criterion for making an award where tie bids
						are involved shall be in compliance with Section
						31-7-15(1),
						Mississippi Code 1972, Annotated; i .e., that resident vendors shall be given
						preference over non-resident vendors. Award shall not be made by a coin toss,
						except as set forth below, or by dividing business among identical bidders. In
						the discretion of the Chief Procurement Officer or the Agency Procurement
						Officer, award shall be made in any permissible manner that will discourage tie
						bids. If no permissible method will be effective in discouraging tie bids, and
						a written determination is made so stating, award may be made by a coin toss.
						In such case, those bidders involved shall be invited to attend the procedure,
						and two agency employees shall act as witnesses.
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 12-6-3.106.14 - Low Tie Bids › Section 12-6-3.106.14.3 - Record

Current through June 25, 2024
Records shall be made of all Invitation for Bids on which
						tie bids are received showing at least the following information:
(1) The identification number of the
					 Invitation for Bids.
(2) The
					 supply, service, or construction item.
(3) A listing of all the bidders and the
					 prices submitted.
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 12-6-3.106.15 - Documentation of Award

Current through June 25, 2024
Following award, a record showing the basis for determining
					 the successful bidder shall be made a part of the 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 › Section 12-6-3.106.16 - Publicizing Awards

Current through June 25, 2024
Written notice of award shall be sent to the successful
					 bidder. Notice of award shall be made available to the
					 public.
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 12-6-3.106.17 - Multi-Step Sealed Bidding › Section 12-6-3.106.17.1 - Definition

Current through June 25, 2024
Multi-step sealed bidding is a two-phase process
						consisting of a technical first phase composed of one or more steps in which
						bidders submit unpriced technical offers to be evaluated by the State, and a
						second phase in which those bidders whose technical offers are determined to be
						acceptable during the first phase have their price bids considered. It is
						designed to obtain the benefits of competitive sealed bidding by the awarding
						of a contract to the lowest responsive, responsible bidder and at the same time
						obtain the benefits of the competitive sealed proposals procedure through the
						solicitation of technical offers and the conduct of discussions to evaluate and
						determine the acceptability of technical 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 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.17 - Multi-Step Sealed Bidding › Section 12-6-3.106.17.2 - Conditions for Use

Current through June 25, 2024
The multi-step sealed bidding method may be used when it
						is not practical to prepare initially a definitive purchase description which
						will be suitable to permit an award based on price. No multi-step sealed
						bidding method of purchasing will be permitted unless approved by the Chief
						Procurement Officer or his/her designee. Multi-step sealed bidding may, thus,
						be used when it is considered desirable:
(1) To invite and evaluate technical offers
					 to determine their acceptability to fulfill the purchase description
					 requirements;
(2) To conduct
					 discussions for the purposes of facilitating understanding of the technical
					 offer and purchase description requirements and, where appropriate, obtain
					 supplemental information, permit amendments of technical offers, or amend the
					 purchase description;
(3) To
					 accomplish Subsections 3.106.17.2 (1) and (2), Multi-Step Sealed Bidding,
					 Conditions for Use, prior to soliciting priced bids; and
(4) To award the contract to the lowest
					 responsive and responsible bidder in accordance with the competitive sealed
					 bidding procedures.
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 12-6-3.106.18 - Pre-Bid Conferences in Multi-Step Sealed Bidding

Current through June 25, 2024
Prior to the submission of unpriced technical offers, a
					 pre-bid conference as contemplated by Subsection 3.106.07, Pre-Bid Conferences,
					 may be conducted by the Agency Procurement Officer. The Agency Procurement
					 Officer may also hold a conference of all potential bidders in accordance with
					 Subsection 3.106.07, Pre-Bid Conferences, at any time during the evaluation of
					 the unpriced technical 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 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.1 - Form

Current through June 25, 2024
Multi-step sealed bidding shall be initiated by the
						issuance of an Invitation for Bids in the form required by Subsection 3.106.03,
						The Invitation for Bids, except as hereinafter provided. In addition to the
						requirements set forth in Subsection 3.106.03, The Invitation for Bids, shall
						state:
(1) That unpriced technical
					 offers are requested;
(2) Whether
					 priced bids are to be submitted at the same time as unpriced technical offers;
					 if they are, such priced bids shall be submitted in a separate sealed
					 envelope;
(3) That it is a
					 multi-step sealed bid procurement, and priced bids will be considered only in
					 the second phase and only from those bidders whose unpriced technical offers
					 are found acceptable in the first phase;
(4) The criteria to be used in the evaluation
					 of the unpriced technical offers;
(5) That the State, to the extent the Agency
					 Procurement Officer finds necessary, may conduct oral or written discussions of
					 the unpriced technical offers;
(6)
					 That bidders may designate those portions of the unpriced technical offers
					 which contain trade secrets or other proprietary data which are to remain
					 confidential; and
(7) That the item
					 being procured shall be furnished in accordance with the bidder's technical
					 offer as found to be finally acceptable and shall meet the requirements of the
					 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 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.2 - Amendments to the Invitation for Bids

Current through June 25, 2024
After receipt of unpriced technical offers, amendments to
						the Invitation for Bids shall be distributed only to bidders who submitted
						unpriced technical offers, and they shall be permitted to submit new unpriced
						technical offers or to amend those submitted. If, in the opinion of the Agency
						Procurement Officer, a contemplated amendment will significantly change the
						nature of the procurement, the Invitation for Bids shall be canceled in
						accordance with Subsection 3.112.04, Cancellation of Solicitation; Rejection of
						All Bids or Proposals, and a new Invitation for Bids issued.
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 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.3 - Receipt and Handling of Unpriced Technical Offers

Current through June 25, 2024
Unpriced technical offers shall not be opened publicly
						but shall be opened in front of two or more (procurement) officials. Such
						offers shall not be disclosed to unauthorized persons. Bidders may request
						nondisclosure of trade secrets and other proprietary data identified in
						writing.
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 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.4 - Evaluation of Unpriced Technical Offers

Current through June 25, 2024
The unpriced technical offers submitted by bidders shall
						be evaluated solely in accordance with the criteria set forth in the Invitation
						for Bids. The unpriced technical offers shall be categorized as:
(1) Acceptable;
(2) Potentially acceptable; that is,
					 reasonably susceptible of being made acceptable; or
(3) Unacceptable. The Agency Procurement
					 Officer shall record in writing the basis for finding an offer unacceptable and
					 make it part of the procurement file.
The Agency Procurement Officer may initiate Phase Two of
						the procedure if, in the Agency Procurement Officer's opinion, there are
						sufficient acceptable unpriced technical offers to assure effective price
						competition in the second phase without technical discussions. If the Agency
						Procurement Officer finds that such is not the case, the Agency Procurement
						Officer shall issue an amendment to the Invitation for Bids or engage in
						technical discussions as set forth in Subsection 3.106.19.5, Discussion of
						Unpriced Technical 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 12-6-3.106 - Competitive Sealed Bids › Sec2 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.5 - Discussion of Unpriced Technical Offers

Current through June 25, 2024
The Agency Procurement Officer may conduct discussions
						with any bidder who submits an acceptable or potentially acceptable technical
						offer. During the course of such discussions, the Agency Procurement Officer
						shall not disclose any information derived from one unpriced technical offer to
						any other bidder. Once discussions are begun, any bidder who has not been
						notified that its offer has been finally found unacceptable may submit
						supplemental information amending its technical offer at any time until the
						closing date established by the Agency Procurement Officer. Such submission may
						be made at the request of the Agency Procurement Officer or upon the bidder's
						own initiative.
Commentary
It is considered desirable for the Agency Procurement
						Officer to keep a record of the date, place, and purpose of meeting and those
						attending.
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 12-6-3.106.19 - Procedure for Phase One of Multi-Step Sealed Bidding › Section 12-6-3.106.19.6 - Notice of Unacceptable Unpriced Technical Offer

Current through June 25, 2024
When the Agency Procurement Officer determines a bidder's
						unpriced technical offer to be unacceptable, such offerer shall not be afforded
						an additional opportunity to supplement its technical 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 12-6-3.106 - Competitive Sealed Bids › Section 12-6-3.106.20 - Mistakes During Multi-Step Sealed Bidding

Current through June 25, 2024
Mistakes may be corrected or bids may be withdrawn during
					 Phase One at any time. During Phase Two, mistakes may be corrected or
					 withdrawal permitted in accordance with Subsection 3.106.12, Mistakes in
					 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 12-6-3.106.21 - Procedure for Phase Two › Section 12-6-3.106.21.1 - Initiation

Current through June 25, 2024
Upon the completion of Phase One, the Agency Procurement
						Officer shall either:
(1) Open priced
					 bids submitted in Phase One (if priced bids were required to be submitted) from
					 bidders whose unpriced technical offers were found to be acceptable;
or
(2) If priced bids have not been submitted,
					 technical discussions have been held, or amendments to the Invitation for Bids
					 have been issued, invite each acceptable bidder to submit a priced
					 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 12-6-3.106.21 - Procedure for Phase Two › Section 12-6-3.106.21.2 - Conduct

Current through June 25, 2024
Phase Two shall be conducted as any other competitive
						sealed bid procurement except:
(1) No
					 public notice need be given of this invitation to submit priced bids because
					 such notice was previously given;
(2) After award the unpriced technical offer
					 of the successful bidder shall be disclosed as follows. The Agency Procurement
					 Officer shall examine written requests of confidentiality for trade secrets and
					 proprietary data in the technical offer of such bidder to determine the
					 validity of any such requests. If the parties do not agree as to the disclosure
					 of data, the Agency Procurement Officer shall inform the bidder in writing what
					 portions of the unpriced technical offer will be disclosed and that, unless the
					 bidder protests under Chapter 6, Legal and Contractual Remedies, the offer will
					 be so disclosed. Such technical offer shall be open to public inspection
					 subject to any continuing prohibition on the disclosure of confidential data;
					 and
(3) Unpriced technical offers
					 of bidders who are not awarded the contract shall not be open to public
					 inspection unless the Chief Procurement Officer determines in writing that
					 public inspection of such offers is essential to assure confidence in the
					 integrity of the procurement process; provided, however, that the provisions of
					 Subsection 3.106.21.2, Procedure for Phase Two, Conduct, shall apply with
					 respect to the possible disclosure of trade secrets and proprietary
					 data.
Commentary
The obligation to keep data confidential is not intended
						to create any liability that would not otherwise exist under State
						law.
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 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.1 - Initiation

Current through June 25, 2024
In general, purchasing entities should follow the
						procedures set forth in Section 3.106 regarding Invitations for Bids and Public
						Notice, modifying the Advertisement and Invitation for Bids to reflect the use
						of reverse auction.
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 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.2 - Invitation for Bids Packet

Current through June 25, 2024
In addition to the content prescribed in Section
						3.106.03, the Invitation for Bids must contain sections detailing:
(1) The Timing of the Auction
The Invitation for Bids shall be advertised in accordance
						with Section 3.106.05.4 herein, and the deadline to receive initial responses
						by suppliers shall be not less than seven (7) working days after the last
						notice appears in the newspaper. After such deadline has passed, the
						submissions shall be taken under advisement for prequalification. The reverse
						auction should occur only after the purchasing agent has had sufficient time to
						prequalify the suppliers. Such anticipated time shall be included in the
						Invitation for Bids Packet; however, the purchasing agent should reserve the
						right to extend the auction date if necessary to complete
						prequalification.
(2) The
					 Prequalification Process
The initial response to the Invitation for Bids shall
						include a proposed product, including specifications and/or samples, for the
						purchasing entity to evaluate and determine responsiveness to requirements.
						Once a supplier's product is determined to be responsive, the supplier may
						participate in the reverse auction.
(3) Quotes
Responding suppliers must provide a quote with the
						initial response. Quotes are utilized by the purchasing agent to determine
						market pricing and set the auction parameters (e.g., Start Price).
(4) Instructions on Accessing the
					 Auction
Suppliers should be given detailed instructions on how to
						access the reverse auction event, including how to gain access to the system
						utilized and what technical requirements may be involved. However, no supplier
						may be prohibited from participating in person by paper through surrogate
						bidding.
(5) The Award
					 Process
Suppliers should be advised that no award will
						automatically result from a reverse auction, and that the purchasing entity
						will review the results of the auction and make a determination in a timely
						manner.
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 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.3 - State Agencies

Current through June 25, 2024
State agencies shall utilize the State's ERP system,
						MAGIC, to perform reverse auctions. Detailed instructions for both agency
						buyers and suppliers may be accessed on OPTFM's website.
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 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.4 - Governing Authorities

Current through June 25, 2024
Governing authorities may utilize any responsible reverse
						auction company to provide the auction services, however OPTFM recommends that
						governing authorities utilize the state contracts established for such services
						by the Mississippi Department of Information Technology
						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 › Sec2 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.5 - Alternative Processes

Current through June 25, 2024
If a purchasing entity determines that a reverse auction
						is not in the best interest of the state, then that determination must be
						approved by the Public Procurement Review Board. The purchasing entity shall
						submit a detailed explanation of why a reverse auction would not be in the best
						interest of the state and present the alternative process to be approved by the
						Public Procurement Review Board. If the Public Procurement Review Board
						authorizes the purchasing entity to solicit bids with a method other than
						reverse auction, then the purchasing entity may designate the other methods by
						which the bids will be received, including, but not limited to, bids sealed in
						an envelope, bids received electronically in a secure system, or bids received
						by any other method that promotes open competition and has been approved by
						OPTFM.
State agencies may request approval to use an alternative
						process through MAGIC. Governing authorities may request approval to use an
						alternative process through use of the Exemption Form provided on OPTFM's
						website.
The Public Procurement Review Board must approve any
						contract entered into by alternative processes.
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 12-6-3.106.22 - Reverse Auctions › Section 12-6-3.106.22.6 - Exemptions

Current through June 25, 2024
Reverse auction shall not be required for:
(1) Any public contract for design or
					 construction of public facilities, including buildings, roads and bridges;
					 or
(2) Procurements made by the
					 individual state institutions of higher learning via competitive 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 › Sec2 12-6-3.106.23 - Electronic Bidding › Section 12-6-3.106.23.1 - Application

Current through June 25, 2024
When utilizing the Competitive Sealed Bidding method
						provided herein agencies and governing authorities shall provide a secure
						electronic interactive system for the submittal of such bids as an additional
						bidding option for those bidders who choose to submit their bids
						electronically. No bidder shall be required to submit bids electronically. When
						construction bids are submitted electronically, the requirement for including a
						certificate of responsibility, or a statement that the bid enclosed does not
						exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope
						as indicated in Section
						31-3-21(1) and
						(2) shall be deemed in compliance with by
						including same as an attachment with the electronic bid
						submittal.
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 12-6-3.106.23 - Electronic Bidding › Section 12-6-3.106.23.2 - State Agencies

Current through June 25, 2024
State agencies shall utilize MAGIC for the receipt of
						bids electronically and shall include in the Invitation for Bids packet
						instructions for supplier access to MAGIC.
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 12-6-3.106.23 - Electronic Bidding › Section 12-6-3.106.23.3 - Governing Authorities

Current through June 25, 2024
Governing authorities may utilize any responsible
						electronic bidding company to provide the electronic bidding services, however
						OPTFM recommends that governing authorities utilize the state contracts
						established for such services by the Mississippi Department of Information
						Technology 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 › Sec2 12-6-3.106.23 - Electronic Bidding › Section 12-6-3.106.23.4 - Exemptions

Current through June 25, 2024
The electronic bidding option does not have to be
						provided by:
(1) Any governing
					 authority without available high speed Internet access,
(2) any county having a population of less
					 than twenty thousand (20,000), or
(3) any municipality having a population of
					 less than ten thousand (10,000).
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.01 - Application

Current through June 25, 2024
Except as otherwise provided by law, the provisions of
					 Section 3.107 shall apply to every procurement of commodities, supplies,
					 equipment, construction, technology, personal and professional services other
					 than those in Section
					 27-104-7(2)(f)
					 and (8), state agency employee benefits,
					 supplemental insurance and cafeteria plans, that are solicited by any state
					 agency by a request for proposals or request for qualifications. The following
					 provisions are intended to ensure that the best practices for soliciting
					 requests for proposals or requests for qualifications are
					 implemented.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.02 - Conditions for Use

Current through June 25, 2024
(1) Competitive
				  sealed bidding is the preferred method of procurement; however, if it is not
				  practicable and advantageous, a request for proposals or request for
				  qualifications may be used. The terms "practicable" and "advantageous" are to
				  be given ordinary dictionary meanings. The term "practicable" denotes what may
				  be accomplished or put into practical application. "Advantageous" denotes a
				  judgmental assessment of what is in the state's best interest.
(2) The following factors shall be considered
				  when determining advantageousness:
(a) The
				  need for flexibility;
(b) The type
				  of evaluations that will be needed after offers are received;
(c) Whether the evaluation factors involve
				  the relative abilities of offerers to perform, including degrees of technical
				  or professional experience or expertise;
(d) Whether the type of need to be satisfied
				  involves weighing artistic and aesthetic values to the extent that price is a
				  secondary consideration;
(e)
				  Whether the types of supplies, services or construction may require the use of
				  comparative judgmental evaluations to evaluate them adequately; and
(f) Whether prior procurements indicate that
				  a request for proposals may result in more beneficial contracts for the
				  state.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.03 - Content of the Request for Proposals or Request for Qualifications

Current through June 25, 2024
(1) The request for proposals or request for
				  qualifications shall include the following:
(a) Instructions and information to offerers
				  concerning the request for proposals or request for qualifications submission
				  requirements, including the time and date set for receipt of proposals or
				  qualifications, the address of the office to which proposals or qualifications
				  are to be delivered, the maximum time for proposal or qualification acceptance
				  by the state, the manner in which proposals or qualifications are to be
				  submitted, including any forms for that purpose and any other special
				  information;
(b) The purchase
				  description, evaluation factors, delivery or performance schedule and any
				  inspection and acceptance requirements that are not included in the purchase
				  description;
(c) The contract terms
				  and conditions, including warranty and bonding or other security requirements,
				  as applicable;
(d) A statement that
				  discussions may be conducted with offerers who submit proposals or
				  qualifications determined to be reasonably susceptible of being selected for
				  the award, but that proposals or qualifications may be accepted without such
				  discussions; and
(e) A statement of
				  when and how price should be submitted.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.04 - Public Notice

Current through June 25, 2024
(1) In addition to
				  any method of public notice regarding the solicitation of requests for
				  proposals or requests for qualifications currently being used by state
				  agencies, the head purchasing agent shall also have posted on the Mississippi
				  procurement portal and on the soliciting agency's website, public notification
				  of a pending procurement through request for proposals or request for
				  qualifications. The notice shall include the following:
(a) The due date for responses;
(b) The name and phone number of the officer
				  conducting the procurement; and
(c)
				  The means of obtaining the 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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.05 - Pre-Proposal Conferences

Current through June 25, 2024
(1) Pre-proposal
				  conferences may be conducted to explain the procurement requirements. If a head
				  purchasing agent plans to hold such a conference, he or she shall prominently
				  place the notification in the request for proposals or request for
				  qualifications solicitation. The notification shall include the date, time and
				  location of the conference. If the head purchasing agent decides to hold a
				  pre-proposal conference after the request for proposals or request for
				  qualifications has been sent out, then he or she shall notify all prospective
				  offerers known to have received a request for proposals or request for
				  qualifications.
(2) If a
				  pre-proposal conference is held, it shall be at least fourteen (14) days after
				  the request for proposals or request for qualifications has been issued. In
				  setting the time for the conference, the head purchasing agent shall consider
				  the complexity of the procurement and the potential modifications that may need
				  to be made after the conference and any amendments to the solicitation that the
				  head purchasing agent may need to make after the conference.
(3) The head purchasing agent issuing the
				  request for proposals or request for qualifications shall serve as chair of the
				  conference. Offerers attending the conference shall be required to sign an
				  attendance sheet provided by the soliciting agency. The chair shall announce at
				  the beginning of the conference how the conference is to be handled. The
				  conference shall be recorded. The head purchasing agent may mandate attendance
				  at a conference if he or she feels it is critical to understanding the
				  solicitation. Once the conference is over, the head purchasing agent shall put
				  the recordings from the conference and the questions and answers from the
				  conference in writing and send them to the offerers who received the request
				  for proposals or request for qualifications and post them on the Mississippi
				  procurement portal and the soliciting agency's website.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.06 - Drafting the Request for Proposals or Request for Qualifications

Current through June 25, 2024
(1) In addition to the items listed in
				  Section 3.107, the contents of a request for proposals or request for
				  qualifications shall also include the following:
(a) A statement that discussions may be
				  conducted with offerers who submit proposals or qualifications determined to be
				  reasonably susceptible of being selected for the award, but that proposals or
				  qualifications may also be accepted without those discussions; and
(b) A statement of when and how price should
				  be submitted.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.09 - Receipt and Registration of Proposals or Qualifications

Current through June 25, 2024
(1) Submitted proposals or qualifications
				  shall be opened at the time designated for opening in the request for proposals
				  or request for qualifications. Proposals or qualifications and modifications
				  shall be date-stamped or time and date-stamped upon receipt and held in a
				  secure place until the established due date. Electronic proposals or
				  qualifications received will be stored in an electronic lockbox until the time
				  designated for the opening of the proposal or qualification.
(2) As each proposal or qualification is
				  submitted but before those proposals or qualifications are opened, the head
				  purchasing agent shall designate a person to prepare a register of proposals or
				  qualifications, which shall include the number of modifications received, if
				  any, and a description sufficient to identify the supply, service, commodity or
				  other item offered. The designated person shall assign each submitted proposal
				  or qualification an identifying letter, number, or combination thereof, without
				  revealing the name of the offerer who submitted each proposal or qualification
				  to the head purchasing agent or any person named to the evaluation committee
				  for that proposal or qualification. The designated person shall keep the names
				  of the offerers and their identifying numbers or letters, or combination
				  thereof, in a sealed envelope or other secure location until factors not
				  requiring knowledge of the name of the offerer have been evaluated and scored.
				  If the designated person reveals the names of the offerers and the
				  corresponding identifying information before such time, the procurement process
				  shall be terminated and the proposal or qualifications resolicited. The
				  register of proposals or qualifications shall be made part of the report
				  required under Section 3.107.12(1) herein.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.10 - Evaluating Submitted Proposals or Qualifications

Current through June 25, 2024
(1) The
				  evaluation committee shall evaluate proposals or qualifications only in
				  accordance with the methodology and weighting criteria described in the request
				  for proposals or request for qualifications. Proposals or qualifications shall
				  be initially classified as:
(a)
				  acceptable;
(b) potentially
				  acceptable, which means reasonably susceptible of being made acceptable;
				  or
(c) unacceptable. Offerers whose
				  proposals or qualifications are unacceptable shall be so notified
				  promptly.
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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.11 - Best and Final Offers

Current through June 25, 2024
The head purchasing agent shall establish a common date and
					 time for the submission of best and final offers. Best and final offers shall
					 be submitted only once; however, the head purchasing agent may make a written
					 determination that it is in the state's best interest to conduct additional
					 discussions or change the state's requirements and require another submission
					 of best and final offers. Otherwise, no discussion of or changes in the best
					 and final offers shall be allowed before the award. Offerers shall also be
					 informed that if they do not submit a notice of withdrawal or another best and
					 final offer, their immediate previous offer will be construed as their best and
					 final 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 12-6-3.107 - Competitive Sealed Proposals › Section 12-6-3.107.12 - Awarding the Contract

Current through June 25, 2024
(1) After proposals
				  or qualifications have been evaluated, the evaluation committee shall prepare a
				  report evaluating and recommending the award of a contract or contracts. The
				  report shall list the names of all potential offerers who submitted a proposal
				  or qualification and shall summarize the proposals or qualifications of each
				  offerer. The report shall rank offerers in order of evaluation, shall recommend
				  the selection of an offerer or offerers, as appropriate, for a contract, shall
				  be clear in the reasons why the offerer or offerers have been selected among
				  others considered, and shall detail the terms, conditions, scope of services,
				  fees and other matters to be incorporated into the contract. The report shall
				  be available to the public at least forty-eight (48) hours before the awarding
				  of the contract.
(2) The head
				  purchasing agent shall publish a notice on the agency's website and the
				  Mississippi procurement portal summarizing the award of the contract, which
				  shall include but not be limited to, the nature, duration and amount of the
				  contract, the name of the offerer and a statement that the contract is on file
				  and available for public inspection in the office of the head purchasing
				  agent.