Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › APPENDICES › Appendix 12-9-D - Required Clauses in IFBs, RFPs, and RFQs

Current through June 25, 2024
The following clauses are required when soliciting bids,
				  proposals, or 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 Public Procurement Review Board Office of Personal
				  Service Contract Review Rules and Regulations,
a copy of which is
				  available at 501 North West Street, Suite 701E, Jackson, Mississippi 39201 for
				  inspection, or downloadable at
http://www.DFA.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 PPRB approval.)
STOP WORK ORDER
(1)
Order to Stop Work:
The Chief 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 Chief
				  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
				  Chief 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 Public Procurement Review Board Office of Personal Service
				  Contract Review 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 §
									31-7-301
et seq..
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, both.
(3) 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.