Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Section 12-6-2.104 - Certified Purchasing Office

Current through June 25, 2024
As per Section
				  31-7-1(i),
				  Mississippi Code of 1972, Annotated, Certified Purchasing Office shall be
				  defined as any purchasing office in which 50% or more of the purchasing agents
				  hold a certification from the Universal Public Purchasing Certification Council
				  or other nationally recognized purchasing certification, and in which, in the
				  case of a state agency purchasing office, in addition to the national
				  certification, one hundred percent (100%) of the purchasing officials hold a
				  certification from the State of Mississippi's Basic or Advanced Purchasing
				  Certification Program. For the purposes of this policy, purchasing agent shall
				  be defined using the general meaning set forth in Section
				  31-7-1(c),
				  Mississippi Code of 1972, Annotated. "Purchasing agent" means any
				  administrator, superintendent, purchase clerk or other chief officer so
				  designated having general or special authority to negotiate for and make
				  private contract for or purchase for any governing authority or agency.
Commentary
If a person has the authority to issue purchase
							 orders, issue invitations to bid, receive and accept bids, negotiate contract
							 clauses, etc., they should be considered a purchasing agent for the purposes of
							 this policy.
An entity may apply to become a Certified Purchasing Office
				  by completing an application found on the OPTFM website and submitting with
				  appropriate documentation to the Office of Purchasing, Travel and Fleet
				  Management. The application will require the name of the agency, address, phone
				  number and e-mail address of person submitting the application. In addition,
				  the application will require that all purchasing agents for the entity be
				  listed with phone numbers, email addresses and certifications mentioned above.
				  Proof of certification must show the name of the certification holder, the
				  entity issuing the certification, the issue date and the expiration date of the
				  certification. A copy of the certificate will be accepted provided that the
				  required information is included.
Upon receipt of the application, the Office of Purchasing,
				  Travel and Fleet Management will verify that 50% or more of the purchasing
				  agents are certified by a qualified entity ( UPPCC or other nationally
				  recognized certification) and in the case of a state agency, that 100% hold a
				  certification from the State of Mississippi's Basic or Advanced Purchasing
				  Program. After review and verification of the submitted documentation, the
				  Office of Purchasing, Travel and Fleet
Management will issue a certificate to the entity which shall
				  be valid for a twelve (12) month period. If a purchasing agent's national
				  certification expires prior to the twelve (12) month period, and if this change
				  would reduce the number of qualified purchasing agents below the minimum
				  requirements, the Office of Purchasing, Travel and Fleet Management may issue a
				  Certified Purchasing Office certificate for a period of less than twelve (12)
				  months. Certified Purchasing Offices are eligible to purchase from Cooperative
				  Purchasing Agreements that qualify under Section
				  31-7-13(m)(xxix)
				  as follows:
(xxviii) Purchases made pursuant to qualified cooperative
				  purchasing agreements.
Purchases made by Certified Purchasing Offices of state
				  agencies or governing authorities under cooperative purchasing agreements
				  previously approved by The Office of Purchasing, Travel and Fleet Management
				  and established by or for any city, county, parish, or state government or the
				  Federal Government, provided, however, that the notification to potential
				  contractors included a clause which set forth the availability of the contract
				  to other governmental entities. Such purchases shall only be made if the use of
				  such contract is determined to be in the best interest of the government
				  entity.
State Agencies should note that this authority does not allow
				  them to purchase outside the terms of the statewide competitive bid contracts
				  unless the contract document specifically says that state agencies may use the
				  contract or choose to purchase from a qualified cooperative purchasing
				  agreement. The current state contracts provide the assurance that all state
				  agencies will purchase from the contract and it would be unfair to those
				  vendors to remove that volume without proper notification. Future contract
				  invitations may include a clause which notifies vendors of the availability of
				  cooperative agreements and at that time agencies would have the option.
A qualified cooperative contract is one that has been
				  submitted to and approved by the Office of Purchasing, Travel and Fleet
				  Management after careful consideration of the process used to establish the
				  contract, the products covered and the available prices. Vendors will not be
				  allowed to submit contracts to OPTFM f or approval. The OPTFM will only
				  consider contracts submitted by Certified Purchasing Offices. In practical
				  terms this means that a vendor may approach the Certified Purchasing Office of
				  any city, county, or state agencies. If the Certified Purchasing Office feels
				  that the products/prices available under the cooperative agreement would be
				  advantageous, they would then submit a request to the Office of Purchasing,
				  Travel and Fleet Management, advising the OPTFM of the name of the contract,
				  the vendor, copies of applicable web sites/price lists, etc. The OPTFM will
				  review the documents and may contact the originating purchasing entity for
				  additional information prior to making a decision concerning the acceptability
				  of the contract. Upon approval or disapproval the OPTFM will notify the
				  Certified Purchasing Offices and will maintain a list of all approved
				  contracts. Once approved, all Certified Purchasing Offices may purchase off of
				  the approved cooperative contract.
State agencies with certified purchasing offices would, in
				  most cases, be exempt from bidding requirements when they purchase from a
				  qualified cooperative contract. The exception would be that if a commodity is
				  covered by a competitively bid contract, the state agencies will be required to
				  purchase from that contract unless the contract specifically allows purchases
				  made from cooperative contracts.
Cities and counties (governing authorities) with certified
				  purchasing offices will be exempt from bidding requirements when purchasing
				  from a qualified cooperative contract.
Governing Authorities with Certified Purchasing Offices may
				  also use the following procedures: Purchases may be made from the bidder
				  offering the best value. In determining the best value bid, freight and
				  shipping charges shall be included. Life-cycle costing, total cost bids,
				  warranties, guaranteed buy-back provisions, documented previous experience,
				  training costs and other relevant provisions including but not limited to, a
				  bidder having a local office and inventory located within the jurisdiction at
				  the governing authority, may be included in the best value calculation.
Renewal - it will be the responsibility of the Certified
				  Purchasing Office to be aware of the expiration date of their certification and
				  to submit a new application not more than four (4) months and not less than one
				  (1) month prior to the expiration date. The Office of Purchasing, Travel and
				  Fleet Management will not be responsible for notifying the Certified Purchasing
				  Office.