Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 8 - RULEMAKING AND DECLARATORY OPINIONS › APPENDICES › Appendix 27-100-8-D - Required Clauses in IFBs, RFPs, and RFQs

Current through June 25, 2024
The following clauses are required when soliciting bids,
					 proposals, or statements of qualifications for personal or professional
					 services. These requirements are found throughout the Regulations but are
					 collected here for ease of reference.
Note: Words appearing in brackets "[ ]" may be
					 substituted for the appropriate state agency reference.
APPLICABLE LAW
The contract shall be governed by and construed in
					 accordance with the laws of the State of Mississippi, excluding its conflicts
					 of laws, provisions, and any litigation with respect thereto shall be brought
					 in the courts of the State. Contractor shall comply with applicable federal,
					 state, and local laws and regulations.
(The following clauses, or those substantially
					 similar, shall be required in IFBs, RFPs, or RFQs which seek multi-term
					 contractual agreements.)
AVAILIBILITY OF FUNDS
It is expressly understood and agreed that the obligation
					 of the [State] to proceed under this agreement is conditioned upon the
					 appropriation of funds by the Mississippi State Legislature and the receipt of
					 state and/or federal funds. If the funds anticipated for the continuing
					 fulfillment of the agreement are, at any time, not forthcoming or insufficient,
					 either through the failure of the federal government to provide funds or of the
					 State of Mississippi to appropriate funds or the discontinuance or material
					 alteration of the program under which funds were provided or if funds are not
					 otherwise available to the [State], the [State] shall have the right upon ten
					 (10) working days written notice to Contractor, to terminate this agreement
					 without damage, penalty, cost or expenses to the [State] of any kind
					 whatsoever. The effective date of termination shall be as specified in the
					 notice of termination.
PROCUREMENT REGULATIONS
The contract shall be governed by the applicable
					 provisions of the
Mississippi Personal Service Contract Review Board
					 Rules and Regulations
, a copy of which is available at 210 East
					 Capitol, Suite 800, Jackson, Mississippi 39201 for inspection, or downloadable
					 at
http://www.mspb.ms.gov
.
COMPLIANCE WITH LAWS
Contractor understands that the [State] is an equal
					 opportunity employer and therefore, maintains a policy which prohibits unlawful
					 discrimination based on race, color, creed, sex, age, national origin, physical
					 handicap, disability, genetic information, or any other consideration made
					 unlawful by federal, state, or local laws. All such discrimination is unlawful
					 and Contractor agrees during the term of the agreement that Contractor will
					 strictly adhere to this policy in its employment practices and provision of
					 services. Contractor shall comply with, and all activities under this agreement
					 shall be subject to, all applicable federal, State of Mississippi, and local
					 laws and regulations, as now existing and as may be amended or modified.
(
Language substantially similar to the following
					 clause shall be inserted in all IFBs, RFPs, and RFQs seeking contracts which
					 require PSCRB approval.
)
STOP WORK ORDER
(1)
Order to Stop Work
: The Procurement
					 Officer, may, by written order to Contractor at any time, and without notice to
					 any surety, require Contractor to stop all or any part of the work called for
					 by this contract. This order shall be for a specified period not exceeding 90
					 days after the order is delivered to Contractor, unless the parties agree to
					 any further period. Any such order shall be identified specifically as a stop
					 work order issued pursuant to this clause. Upon receipt of such an order,
					 Contractor shall forthwith comply with its terms and take all reasonable steps
					 to minimize the occurrence of costs allocable to the work covered by the order
					 during the period of work stoppage. Before the stop work order expires, or
					 within any further period to which the parties shall have agreed, the
					 Procurement Officer shall either:
(a) cancel the stop work order; or,
(b) terminate the work covered by such order as provided
					 in the Termination for Default clause or the Termination for Convenience clause
					 of this contract.
(2)
Cancellation or Expiration of the Order
:
					 If a stop work order issued under this clause is canceled at any time during
					 the period specified in the order, or if the period of the order or any
					 extension thereof expires, Contractor shall have the right to resume work. An
					 appropriate adjustment shall be made in the delivery schedule or Contractor
					 price, or both, and the contract shall be modified in writing accordingly,
					 if:
(a) the stop work order results in an increase in the time
					 required for, or in Contractor's properly allocable to, the performance of any
					 part of this contract; and,
(b) Contractor asserts a claim for such an adjustment
					 within 30 days after the end of the period of work stoppage; provided that, if
					 the Procurement Officer decides that the facts justify such action, any such
					 claim asserted may be received and acted upon at any time prior to final
					 payment under this contract.
(3)
Termination of Stopped Work
: If a stop
					 work order is not canceled and the work covered by such order is terminated for
					 default or convenience, the reasonable costs resulting from the stop work order
					 shall be allowed by adjustment or otherwise.
(4)
Adjustments of Price:
Any adjustment in
					 contract price made pursuant to this clause shall be determined in accordance
					 with the Price Adjustment clause of this contract.
REPRESENTATION REGARDING CONTINGENT FEES
Contractor represents that it has not retained a person to
					 solicit or secure a state contract upon an agreement or understanding for a
					 commission, percentage, brokerage, or contingent fee, except as disclosed in
					 Contractor's bid or proposal.
REPRESENTATION REGARDING GRATUITIES
The bidder, offeror, or Contractor represents that it has
					 not violated, is not violating, and promises that it will not violate the
					 prohibition against gratuities set forth in Section 6-204 (Gratuities) of the
Mississippi Personal Service Contract Review Board Rules and
					 Regulations
.
ACKNOWLEDGMENT OF AMENDMENTS
Bidders shall acknowledge receipt of any amendment to the
					 solicitation by signing and returning the amendment with the bid, by
					 identifying the amendment number and date in the space provided for this
					 purpose on the bid form, or by letter. The acknowledgment must be received by
					 the
[agency]
by the time and at the place specified for
					 receipt of bids.
CERTIFICATION OF INDEPENDENT PRICE
					 DETERMINATION
The bidder certifies that the prices submitted in response
					 to the solicitation have been arrived at independently and without, for the
					 purpose of restricting competition, any consultation, communication, or
					 agreement with any other bidder or competitor relating to those prices, the
					 intention to submit a bid, or the methods or factors used to calculate the
					 prices bid.
Note: The following clause shall be completed and
					 conspicuously placed within the response bid or proposal.
PROSPECTIVE CONTRACTOR'S REPRESENTATION REGARDING
					 CONTINGENT FEES
The prospective Contractor represents as a part of such
					 Contractor's bid or proposal that such Contractor has/has not
(use
					 applicable word or words)
retained any person or agency on a
					 percentage, commission, or other contingent arrangement to secure this
					 contract.
E-PAYMENT
Contractor agrees to accept all payments in United States
					 currency via the State of Mississippi's electronic payment and remittance
					 vehicle. The agency agrees to make payment in accordance with Mississippi law
					 on "Timely Payments for Purchases by Public Bodies," which generally provides
					 for payment of undisputed amounts by the agency within forty-five (45) days of
					 receipt of invoice. Mississippi Code Annotated §
										31-7-305.
E-VERIFICATION
If applicable, Contractor represents and warrants that it
					 will ensure its compliance with the Mississippi Employment Protection Act of
					 2008, and will register and participate in the status verification system for
					 all newly hired employees. Mississippi Code Annotated §§
										71-11-1
et seq.
The term "employee" as used herein means any person
					 that is hired to perform work within the State of Mississippi. As used herein,
					 "status verification system" means the Illegal Immigration Reform and
					 Immigration Responsibility Act of 1996 that is operated by the United States
					 Department of Homeland Security, also known as the E-Verify Program, or any
					 other successor electronic verification system replacing the E-Verify Program.
					 Contractor agrees to maintain records of such compliance. Upon request of the
					 State and after approval of the Social Security Administration or Department of
					 Homeland Security when required, Contractor agrees to provide a copy of each
					 such verification. Contractor further represents and warrants that any person
					 assigned to perform services hereafter meets the employment eligibility
					 requirements of all immigration laws. The breach of this agreement may subject
					 Contractor to the following:
(1) termination of this contract for services and
					 ineligibility for any state or public contract in Mississippi for up to three
					 (3) years with notice of such cancellation/termination being made public;
(2) the loss of any license, permit, certification or
					 other document granted to Contractor by an agency, department or governmental
					 entity for the right to do business in Mississippi for up to one (1) year;
					 or,
(3) both. In the event of such cancellations/termination,
					 Contractor would also be liable for any additional costs incurred by the State
					 due to Contract cancellation or loss of license or permit to do business in the
					 State.
TRANSPARENCY
This contract, including any accompanying exhibits,
					 attachments, and appendices, is subject to the "Mississippi Public Records Act
					 of 1983," and its exceptions. See Mississippi Code Annotated §§
										25-61-1
et seq
., and Mississippi Code Annotated §
										79-23-1.
					 In addition, this contract is subject to the provisions of the Mississippi
					 Accountability and Transparency Act of 2008. Mississippi Code Annotated
					 §§
										27-104-151
et seq
. Unless exempted from disclosure due to a court-issued
					 protective order, a copy of this executed contract is required to be posted to
					 the Department of Finance and Administration's independent agency contract
					 website for public access at
http://www.transparency.mississippi.gov
.
					 Information identified by Contractor as trade secrets, or other proprietary
					 information, including confidential vendor information or any other information
					 which is required confidential by state or federal law or outside the
					 applicable freedom of information statutes, will be redacted.
TRADE SECRETS, COMMERCIAL AND FINANCIAL
					 INFORMATION
It is expressly understood that Mississippi law requires
					 that the provisions of this contract which contain the commodities purchased or
					 the personal or professional services provided, the price to be paid, and the
					 term of the contract shall not be deemed to be a trade secret or confidential
					 commercial or financial information and shall be available for examination,
					 copying, or reproduction.
Contracts, except those for contract workers paid
					 in SPAHRS or for Contractors exempted from this rule, must include the
					 following language:
PAYMODE
Payments by state agencies using the State's accounting
					 system shall be made and remittance information provided electronically as
					 directed by the State. These payments shall be deposited into the bank account
					 of Contractor's choice. The State may, at its sole discretion, require
					 Contractor to electronically submit invoices and supporting documentation at
					 any time during the term of this Agreement. Contractor understands and agrees
					 that the State is exempt from the payment of taxes. All payments shall be in
					 United States currency.