Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-101 - CONTRACTING PROCEDURES

Current through June 25, 2024
3-101.01
Definition of Terms Used in this Chapter
(a)
Award
is the acceptance by
				an agency of a bid or proposal submitted by a vendor with the intention of
				entering into a contract for services.
(b)
Bid
shall be defined as an
				offer submitted by a prospective contractor in response to an Invitation for
				Bid.
(c)
Capability
as used in Section 3-101.01(w) (Definitions, Responsible Bidder, Offeror, or
				Respondent), means capability at the time of award of the contract.
(d)
Competitive Bidding
includes
				Invitations for Bids, Requests for Proposals, Requests for Qualifications, and
				any other alternative, generally accepted procurement method. See MS AG Op.,
				Mosley (October 23, 2015).
(e)
Competitive Sealed Bidding
is the process of inviting and
				obtaining bids from competing sources in response to advertised competitive
				specifications, through the issuance of an Invitation for Bids (IFB), by which
				an award is made to the lowest and best bidder meeting the specifications and
				does not include discussions or negotiations with bidders.
(f)
Competitive Sealed Proposals
is the process of requesting and obtaining proposals from competing sources in
				response to advertised competitive specifications, through the issuance of a
				Request for Proposals (RFP), by which an award is made to the offeror who
				receives the highest score based on weighted evaluation criteria outlined in
				the RFP and includes discussions and negotiations with offerors.
(g)
Competitive Sealed
				Qualifications
is the process of requesting and obtaining statements of
				qualifications from competing sources in response to advertised competitive
				specifications, through the issuance of a Request for Qualifications (RFQ), by
				which an award is made to the respondent who receives the highest score based
				on weighted evaluation criteria outlined in the RFQ and includes discussions
				with respondents.
(h)
Contract Worker
, for purposes of these regulations, is a worker
				under contract with the State who meets the requirements for a contract worker
				under the Internal Revenue Code (See Appendix B) and is compliant with the
				applicable rules and regulations as stated herein.
(i)
Cost Analysis
is the
				evaluation of cost data for the purpose of arriving at costs actually incurred
				or estimates of costs to be incurred, prices to be paid, and costs to be
				reimbursed.
(j)
Cost
				Data
is information concerning the actual or estimated cost of labor,
				material, overhead, and other cost elements which have been actually incurred
				or which are expected to be incurred by the contractor in performing the
				contract.
(k)
Cost-Reimbursement Contract
means a contract under which a
				contractor is reimbursed for costs which are allowable and allocable in
				accordance with contract terms and the provisions of these regulations, and may
				receive a fee.
(l)
Discussions
, as used in the source selection process, means an
				exchange of information or other manner of negotiation during which the offeror
				and an agency may alter or otherwise change the conditions, terms, and price of
				the proposed contract. Discussions may be conducted in connection with
				competitive sealed proposals, competitive sealed qualifications, sole-source,
				and emergency procurements; discussions are not permissible in competitive
				sealed bidding (except to the extent permissible in the first phase of
				multi-step sealed bidding).
(m)
Fixed Price Contract
means a contract providing for a firm price,
				or a price that may be adjusted only in accordance with contract clauses
				providing for revision of the contract price under stated circumstances.
(n)
Invitation for
				Bid
means all documents, whether attached or incorporated by reference,
				utilized for soliciting competitive or multi-step competitive sealed bids.
(o)
Net-of-Fee
				Contract
means a contract in which there is no expenditure of state
				funds from any funding source (state, federal or other).
(p)
Prequalification for Inclusion on
				Bidders Lists
means determining in accordance with Section 3-402
				(Prequalification of Prospective Contractors) that a prospective bidder or
				offeror satisfies the criteria established for being included on the bidders
				list.
(q)
Price
				Analysis
is the evaluation of price data, without analysis of the
				separate cost components and profit as in cost analysis, which may assist in
				arriving at prices to be paid and costs to be reimbursed.
(r)
Price Data
is factual
				information concerning prices, including profit, for supplies services, or
				construction substantially similar to those being procured. In this definition,
				"prices" refer to offered or proposed selling prices, historical selling
				prices, and current selling prices of such items. This definition refers to
				data relevant to both prime and subcontract prices.
(s)
Proposal
is the document
				submitted by the offeror in response to a Request for Proposal to be used as
				the basis for negotiations for entering into a contract. A proposal is usually
				requested in cases where the selection of a contractor is to be made on the
				basis of the performance that is offered rather than on that of price alone and
				may require an outline of details such as the vendor's qualifications and
				experience and the identification of problems and proposed solutions in
				addition to details of price.
(t)
Purchase Description
means the words used in a solicitation to
				describe the services to be purchased and includes the statement of work or
				deliverables attached to, or made a part of, the solicitation.
(u)
Request for Proposal
means
				all documents, whether attached or incorporated by reference, utilized for
				soliciting competitive proposals from potential vendors. A Request for
				Proposals should contain all evaluation criteria, including price and the
				weight for scoring each of the criteria. It should outline the intended
				procurement process and include all information required herein.
(v)
Request for Qualifications
means all documents, whether attached or incorporated by reference, utilized
				for soliciting statements of qualifications from potential vendors. A Request
				for Qualifications should contain all evaluation criteria and the weight for
				scoring each of the criteria. It should outline the intended procurement
				process and include all information required herein.
(w)
Responsible Bidder, Offeror, or
				Respondent
means a person who has the capability in all respects to
				perform fully the contract requirements and the integrity and reliability which
				will assure good faith performance.
(x)
Responsive Bidder, Offeror, or
				Respondent
means a person who has submitted a bid, proposal, or
				statement of qualifications which conforms in all material respects to the
				Invitation for Bid, Request for Proposal, or Request for Qualifications.
(y)
Solicitation
means an Invitation for Bid, a Request for Proposal, a Request for
				Qualifications, a request for quotations, or any other document issued by the
				State for the purpose of soliciting bids, proposals, or statements of
				qualifications relative to performing a state contract.
(z)
Statement of Qualifications
is the document submitted by the respondent to a Request for Qualifications to
				be used as the basis for a determination that the respondent is qualified or
				has specialized expertise to perform the scope of work or services required by
				the agency.