reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.02 - Application

Current through June 25, 2024
Except as otherwise provided by law, the provisions of
					 this section apply to every procurement of personal or professional services
					 other than those listed in Section 3-101.02, 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. Any agency that is required to receive approval
					 by the Public Procurement Review Board before entering into a personal or
					 professional services contract shall implement the best practices specified in
					 this section.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.03 - Conditions for Use of Competitive Sealed Proposals and Qualifications › Section 12-9-3-203.03.1 - General Discussion › Section 12-9-3-203.03.1.1 - Evaluation Factors

Current through June 25, 2024
Another consideration concerns the type of evaluations
						  needed after offers are received. Where evaluation factors involve the relative
						  abilities of offerors to perform, including degrees of technical or
						  professional experience or expertise, use of competitive sealed proposals or
						  qualifications are appropriate procurement methods. Where the types of services
						  to be performed may require the use of comparative judgmental evaluations to
						  evaluate them adequately, use of competitive sealed proposals or qualifications
						  are appropriate methods.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.04 - Content of the Request for Proposals and Request for Qualifications › Section 12-9-3-203.04.1 - Preparation of the Request for Proposals and Request for Qualifications

Current through June 25, 2024
The RFP and RFQ shall be prepared in accordance with
						Section 3-202.03 (The Invitation for Bids) regarding Invitations for Bids
						provided that it shall also include:
(a) a statement that discussions may be
					 conducted with offerors who submit proposals and qualifications determined to
					 be reasonably susceptible of being selected for award, but that proposals or
					 qualifications may be accepted without such discussions;
(b) a statement of when and how price should
					 be submitted and the method through which a price will be determined in an RFQ;
(c) the order of importance of the
					 evaluation criteria, either by the order listed, weights or some other manner;
					 and
(d) the information required
					 in Section 3-203.04.2.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.04 - Content of the Request for Proposals and Request for Qualifications › Section 12-9-3-203.04.2 - Form of the Request for Proposals and Request for Qualifications

Current through June 25, 2024
The RFP and RFQ shall be in the form specified by the
						Chief Procurement Officer and contain at least the following
						information:
(a) type of services
					 required;
(b) a description of the
					 work involved;
(c) The minimum
					 qualifications required, such as education, license(s), certification(s),
					 experience, special skills needed to perform the services, the capacity and
					 capability to perform the services within a relevant deadline, and the past
					 record of performance with respect to such factors as control of costs, quality
					 of work, and ability to meet schedules and deadlines;
(d) an estimate of when and for how long the
					 services will be required;
(e) the
					 type of contract to be used;
(f) a
					 date by which proposals or qualifications for the performance of the services
					 shall be submitted;
(g) a
					 statement that the proposals or qualifications shall be in writing;
(h) a statement that offerors may designate
					 those portions of the proposals or qualifications which contain trade secrets
					 or other proprietary data which may remain confidential in accordance with
					 Mississippi Code Annotated §§
											25-61-9
					 and
					 79-23-1;
(i) a statement of minimum information that
					 the proposal or qualification shall contain, including:
(1) the name of the offeror, the location of
					 the offeror's principal place of business and, if different, the place of
					 performance of the proposed contract;
(2) the age of the offeror's business and
					 average number of employees over a previous period of time, as specified in the
					 RFP or RFQ;
(3) the abilities,
					 qualifications, and experience of all persons who would be assigned to provide
					 the required services;
(4) a
					 listing of other contracts under which services similar in scope, size, or
					 discipline to the required services were performed or undertaken within a
					 previous period of time, as specified in the RFP or RFQ; and,
(5) a plan giving as much details as is
					 practical explaining how the services will be performed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.05 - Proposal and Qualification Preparation Time

Current through June 25, 2024
Proposal and Qualification preparation time shall be set
					 to provide offerors a reasonable time to prepare their proposals or
					 qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.06 - Form of Proposal or Qualification

Current through June 25, 2024
The manner in which proposals or qualifications are to be
					 submitted, including any forms to be used, shall be included as part of the RFP
					 or RFQ.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.07 - Public Notice

Current through June 25, 2024
Public notice shall be given by distributing the RFP or
					 RFQ in the same manner provided for distributing an Invitation for Bids under
					 Section 3-202.06 (Public Notice).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.08 - Pre-proposal and Pre-qualification Conferences

Current through June 25, 2024
Pre-proposal and Pre-qualification conferences may be
					 conducted in accordance with Section 3-202.07 (Pre-Bid Conferences).
					 Pre-proposal and Pre- qualification conferences may be conducted to explain the
					 procurement requirements. Any such conference should be held prior to
					 submission of initial proposals or qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.09 - Amendments to Requests for Proposals and Requests for Qualifications

Current through June 25, 2024
Amendments to RFPs and RFQs may be made in accordance with
					 Section 3-202.08 (Amendments to Invitations for Bids) prior to submission of
					 proposals or qualifications. Amendments shall be distributed to all known
					 prospective offerors.
The Chief Procurement Officer shall establish procedures
					 and schedules for conducting discussions. If, during discussions, there is a
					 need for any substantial clarification of or change in the RFP or RFQ, the RFP
					 or RFQ shall be amended to incorporate the clarification or change. If the RFP
					 or RFQ is amended all offerors shall be provided a reasonable opportunity to
					 amend their proposal or qualification accordingly.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.10 - Modification or Withdrawal of Proposals and Qualifications

Current through June 25, 2024
Proposals and Qualifications may be modified or withdrawn
					 prior to the established due date in accordance with Section 3-202.09
					 (Pre-Opening Modification or Withdrawal of Bids). For the purposes of this
					 section and Section 3-203.11 (Late Proposals and Qualifications, Late
					 Withdrawals, and Late Modifications) below, the established due date is either
					 the time and date announced for receipt of proposals or qualifications, or
					 receipt of modifications to proposals or qualifications, if any; or if
					 discussions have begun, it is the time and date by which best and final offers
					 must be submitted, provided that only offerors who submitted timely proposals
					 or qualifications may submit best and final offers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.11 - Late Proposals and Qualifications, Late Withdrawals, and Late Modifications

Current through June 25, 2024
Any proposal or qualification, withdrawal, or modification
					 received after the established due date is late. See Section 3-203.10
					 (Modification or Withdrawal of Proposals and Qualifications) for the definition
					 of "established due date." Any proposal or qualification, withdrawal, or
					 modification not received at the place designated for receipt of proposals or
					 qualifications is late. Late proposals and qualifications, withdrawals, or
					 modifications may only be considered in accordance with Section 3-202.10 (Late
					 Bids, Late Withdrawals, and Late Modifications).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-203 - COMPETITIVE SEALED PROPOSALS AND QUALIFICATIONS › Section 12-9-3-203.12 - Receipt, Opening, and Registration of Proposals and Qualifications › Section 12-9-3-203.12.1 - Requests for Nondisclosure of Data

Current through June 25, 2024
The Chief Procurement Officer shall examine all offers
						to identify any written requests for nondisclosure of trade secrets and other
						proprietary data. Any disclosure of this information is subject to the
						provisions of Mississippi Code Annotated §§
											25-61-9
						and
						79-23-1.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.01 - Evaluation of Proposals and Qualifications › Section 12-9-3-204.01.1 - Evaluation Factors in the RFP and RFQ

Current through June 25, 2024
The RFP and RFQ shall state all of the evaluation
						factors, including price, and their relative importance.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.01 - Evaluation of Proposals and Qualifications › Section 12-9-3-204.01.3 - Evaluation Factors › Section 12-9-3-204.01.3.1 - Evaluation Scoring

Current through June 25, 2024
Numerical rating systems shall be used when
						  determining the weight and importance of each evaluation factor. Upon
						  completion of the evaluation, the evaluation score sheets used to review the
						  submitted proposals or qualifications shall be made part of the report required
						  in Section 3-203.16.
Evaluations shall be performed using a standard, 100
						  point scoring scale. The example listed below is for illustration purposes.
						  Aside from the weight distribution assigned to "price" the weights assigned are
						  not mandatory.
Example of weighted score criteria:
Price -
35 points (35%)*
*The percentage assigned is mandatory and should
						  be objectively scored.
Technical factors (Proposed methodology) -
20
						  points (20%)*
i. Does the
						offeror's proposal or qualification demonstrate a clear understanding of the
						scope of work and related objectives? -
5 points (5%)
ii. Is the offeror's proposal or
						qualification complete and responsive to the specific RFP or RFQ requirements?
						-
5 points (5%)
iii.
						Has the past performance of the offeror's proposed methodology been documented?
						-
5 points (5%)
iv.
						Does the offeror's proposal or qualification use innovative technology and
						techniques? -
5 points (5%)
*The percentage assigned is at the Evaluation
						  Committee's discretion.
Cost factors (Factors must be submitted separately
						  from other factors unless specifically approved by the Public Procurement
						  Review Board) -
20 points (20%)*
i. Cost of goods to be provided or services
						to be performed: -
8 points (8%)
a. Relative cost: How does the cost compare
						to other similarly scored proposals or qualifications?
4 points
						(4%)
b. Full explanation:
						Is the price and its component charges, fees, etc. adequately explained or
						documented?
4 points (4%)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.01 - Evaluation of Proposals and Qualifications › Section 12-9-3-204.01.3 - Evaluation Factors › Section 12-9-3-204.01.3.2 - Determination of Price in Requests for Qualifications

Current through June 25, 2024
Price may be determined using one of the following
						  methods:
(a) The agency may set the
						price; or
(b) The agency may
						request that offerors submit sealed pricing documents to be opened only after
						the evaluation of qualifications.
Price is an objective criteria. If the agency sets the
						  price, all offerors should receive the same score and maximum amount of points
						  for price.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.01 - Evaluation of Proposals and Qualifications › Section 12-9-3-204.01.3 - Evaluation Factors › Section 12-9-3-204.01.3.3 - Classifying Proposals and Qualifications

Current through June 25, 2024
For the purpose of conducting discussions under
						  Section 3-204.02 (Proposal and Qualification Discussions with Individual
						  Offerors) below, proposals and qualifications shall initially be classified as:
(a) acceptable;
(b) potentially acceptable (that is,
						reasonably susceptible of being made acceptable); or,
(c) unacceptable.
Offerors whose proposals or qualifications are
						  unacceptable shall be sent written notification promptly. The notification
						  should state their proposal or qualification was deemed unacceptable and should
						  include a specific reason or reasons for it being declared unacceptable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.02 - Proposal and Qualification Discussions with Individual Offerors › Section 12-9-3-204.02.1 - "Offerors" Defined

Current through June 25, 2024
For the purposes of Section 3-203.01(g) (Competitive
						Sealed Proposals and Qualifications, Discussions with Responsible Offerors and
						Revisions to Proposals or Qualifications) and this section, the term "offerors"
						includes only those businesses submitting proposals or qualifications that are
						acceptable or potentially acceptable. The term does not include businesses
						which submitted unacceptable proposals or qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.02 - Proposal and Qualification Discussions with Individual Offerors › Section 12-9-3-204.02.2 - Purposes of Discussions

Current through June 25, 2024
Discussions may be held with offerors to:
(a) promote understanding of the State's
					 requirements and the offeror's proposals; and
(b) facilitate arriving at a contract that
					 will be most practicable and advantageous to the State taking into
					 consideration price and the other evaluation factors set forth in the RFP or
					 RFQ.
(c) determine in greater
					 detail such offeror's qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.02 - Proposal and Qualification Discussions with Individual Offerors › Section 12-9-3-204.02.3 - Conduct of Discussions

Current through June 25, 2024
Offerors shall be accorded fair and equal treatment with
						respect to any opportunity for discussions and revisions of proposals or
						qualifications. Any discussions that take place under the provisions of this
						section shall be recorded and the recordings shall be made public upon award of
						the contract.
The Chief Procurement Officer should establish
						procedures and schedules for conducting discussions. If, during discussions,
						there is a need for any substantial clarification of or change in the Request
						for Proposals or Request for Qualifications, the RFP or RFQ shall be amended to
						incorporate such clarification or change in accordance with Section 3-203.09
						(Amendments to Requests for Proposals and Requests for Qualifications). Auction
						techniques (revealing one offeror's price to another) and/or disclosure of any
						information derived from competing proposals or qualifications are prohibited.
						Any substantial oral clarification of a proposal or qualification shall be
						reduced to writing by the offeror. The Chief Procurement Officer shall keep a
						record of the date, place, and purpose of meetings and those attending and
						place same in the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.02 - Proposal and Qualification Discussions with Individual Offerors › Section 12-9-3-204.02.4 - Best and Final Offers

Current through June 25, 2024
If allowed by the Request for Proposals or Request for
						Qualifications and if necessary for proper evaluation, the Chief Procurement
						Officer shall establish a common date and time for the submission of best and
						final offers. Best and final offers shall be submitted only once; provided,
						however, the Chief Procurement Officer 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.
The Chief Procurement Officer's written determination
						shall be maintained in the Agency Procurement File. Otherwise, no discussion of
						or changes in the best and final offers shall be allowed prior to award.
						Offerors 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 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.03 - Mistakes in Proposals or Qualifications › Section 12-9-3-204.03.1 - Modification or Withdrawal of Proposals or Qualifications

Current through June 25, 2024
Proposals and Qualifications may be modified or
						withdrawn as provided in Section 3-203.10 (Modification or Withdrawal of
						Proposals).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.03 - Mistakes in Proposals or Qualifications › Section 12-9-3-204.03.2 - Confirmation of Proposal or Qualification

Current through June 25, 2024
When the Chief Procurement Officer knows or has reason
						to conclude before award that a mistake has been made in a proposal or
						qualification, such officer should request the offeror to confirm that the
						proposal or qualification is correct. If the offeror alleges mistake, the
						proposal or qualification may be corrected if the conditions set forth in
						Subsection 3-203.15.3 through 3-203.15.5 below are met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.03 - Mistakes in Proposals or Qualifications › Section 12-9-3-204.03.3 - Mistakes Discovered after Receipt of Proposals and Qualifications but Before Award

Current through June 25, 2024
This subsection sets forth procedures to be applied in
						four situations in which mistakes in proposals are discovered after receipt of
						proposals or qualifications but before award:
(a)
During Discussions, Prior to Best
					 and Final Offers:
Once discussions are commenced with any offeror or
					 after best and final offers are requested, any offeror may freely correct any
					 mistake by modifying or withdrawing the proposal or qualification until the
					 time and date set for receipt of best and final offers;
(b)
Minor Informalities:
Minor
					 informalities, unless otherwise corrected by an offeror as provided in this
					 section, shall be treated as they are under competitive sealed bidding. See
					 Section 3-202.12.4 (Mistakes Discovered After Opening Bid But Before Award);
(c)
Correction of
					 Mistakes:
If discussions are not held or if the best and final offers
					 upon which award will be made have been received, mistakes may be corrected and
					 the intended correct offer considered only if:
(1) the mistake and the intended correct
					 offer are clearly evident on the face of the proposal or qualification; or,
(2) the mistake is not clearly
					 evident on the face of the proposal or qualification, but the offeror submits
					 proof of evidentiary value which clearly and convincingly demonstrates both the
					 existence of a mistake and the intended correct offer, and such correction
					 would not be contrary to the fair and equal treatment of other offerors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.03 - Mistakes in Proposals or Qualifications › Section 12-9-3-204.03.4 - Mistakes Discovered In Proposals or Qualifications After Award

Current through June 25, 2024
Mistakes shall not be corrected after award of the
						contract except when the Agency Head finds it would be unconscionable not to
						allow the mistake to be corrected.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.03 - Mistakes in Proposals or Qualifications › Section 12-9-3-204.03.5 - Determinations Required

Current through June 25, 2024
When a proposal or qualification is corrected or
						withdrawn, or correction or withdrawal is denied under Subsections
						3-203.15.3(b), (c), (d), or 3-203.15.4, a written determination shall be
						prepared and maintained in the Agency Procurement File showing that relief was
						granted or denied in accordance with these regulations. The Agency Head shall
						prepare the determination, except under Subsection 3-203.15.3(b), the
						determination may be prepared by the Chief Procurement Officer. The written
						determination shall be maintained in the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.04 - Award

Current through June 25, 2024
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 offerors who submitted a proposal or qualification and shall
					 summarize the proposals or qualifications of each offeror.
The report shall:
(a) rank offerors in order of evaluation;
(b) recommend the selection of an
				  offeror or offerors, as appropriate, for a contract;
(c) be clear in the reasons why the offeror
				  or offerors have been selected among others considered; and
(d) 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.
The report shall be maintained in the Agency Procurement
					 File. This shall include an analysis describing why the personal or
					 professional services contract was awarded, renewed, or amended to be published
					 in accordance with Section 2-203.17 (Publicizing Award).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-204 - EVALUATION AND AWARD OF PROPOSALS AND QUALIFICATIONS › Section 12-9-3-204.05 - Publicizing Award

Current through June 25, 2024
The Chief Procurement Officer shall publish a notice on
					 the agency's website and the Mississippi Contract/Procurement Opportunity
					 Search Portal website 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 offeror and a statement that the contract is on file and
					 available for public inspection in the office of the Chief Procurement Officer.
Written notice of award shall be sent to all offerors and
					 copies of such notices shall be maintained in the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.01 - Authority to Make Small Purchases › Section 12-9-3-205.01.1 - Amount

Current through June 25, 2024
The Purchasing Agency may use this Regulation if the
						procurement for services does not exceed $75,000.00, with the exception of
						contract workers as defined in Section 3-101.04. If these methods are not used,
						the other methods of source selection provided in Section 3-201 (Methods of
						Source Selection) shall apply.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.01 - Authority to Make Small Purchases › Section 12-9-3-205.01.2 - Available from One Source Only

Current through June 25, 2024
If the service is available from only one source, the
						sole-source procurement method set forth in Section 3-205 (Sole-Source
						Procurement) of these regulations shall be used.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.01 - Authority to Make Small Purchases › Section 12-9-3-205.01.3 - Division of Requirements

Current through June 25, 2024
Procurement specifications shall not be artificially
						divided to avoid using the other source selection methods set forth in Section
						3-201 (Methods of Source Selection). Generally, there should only be one
						contract within an agency per vendor for a particular service type.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.02 - Small Purchases of Services Greater than $50,000.00, Not Exceeding $75,000.00 › Section 12-9-3-205.02.1 - Procedure

Current through June 25, 2024
Insofar as it is practical for small purchases of
						services greater than $50,000.00 and not exceeding $75,000.00, no less than
						three (3) quotes shall be solicited to submit written responses that are
						recorded and placed in the Agency Procurement File. Written responses must be
						either signed on letterhead or otherwise identifiable to be valid. Written
						responses shall, at a minimum, contain the following information:
(a) A statement of price;
(b) Terms of the agreement;
(c) Description of services offered by the
					 vendor to the agency; and,
(d)
					 Name, address and telephone number of the vendor.
If this method is used, award shall be made to the
						vendor offering the lowest responsible bid, proposal, or qualification. In the
						event three written responses are not obtained, the agency shall include a memo
						to the Agency Procurement File explaining why this was not accomplished.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.02 - Small Purchases of Services Greater than $50,000.00, Not Exceeding $75,000.00 › Section 12-9-3-205.02.2 - Records

Current through June 25, 2024
The names of the vendors submitting quotations and the
						date and amount of each quotation shall be recorded and maintained as a public
						record.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.02 - Small Purchases of Services Greater than $50,000.00, Not Exceeding $75,000.00 › Section 12-9-3-205.02.3 - Award and Notification

Current through June 25, 2024
Award shall be made to the vendor offering the lowest
						responsible response. All vendors submitting responses shall be promptly
						notified in writing of the contract award. In the event three written responses
						are not obtained, the agency shall include a memo to the Agency Procurement
						File explaining why this was not accomplished. A copy of each notification
						letter shall be kept in the Agency Procurement File. Notice of award shall be
						made available to the public upon request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-205 - SMALL PURCHASES › Section 12-9-3-205.03 - Small Purchases which do not exceed $50,000.00

Current through June 25, 2024
The Agency Head shall adopt standard operational
					 procedures for making small purchases which do not exceed $50,000.00. Such
					 operational procedures shall provide for obtaining adequate and reasonable
					 competition and for making records to properly account for funds and to
					 facilitate auditing of the Purchasing Agency. No approval by the PPRB is
					 required for these purchases.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.01 - Application

Current through June 25, 2024
The provisions herein apply to all sole-source
					 procurements, regardless of the value of the procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.02 - Conditions for Use of Sole-Source Procurement

Current through June 25, 2024
Sole-source procurement is not permissible unless a
					 service is available from only a single vendor. The determination as to whether
					 a procurement shall be made as a sole-source shall be made and approved by the
					 Agency Head. Such determination and the basis therefor shall be in writing,
					 signed by the Agency Head, and maintained in the Agency Procurement File. The
					 Agency Head may specify the application of such determination and the duration
					 of its effectiveness.
If a binding, valid court order has been issued mandating
					 that a particular source or provider must be used for the required service:
(a) A copy of the applicable court
				  order must be attached to the Agency Head written determination and included in
				  all future sole-source contract submissions for the particular personal or
				  professional service referenced in the court order; and
(b) The agency is exempt from the
				  requirements of Sections 3-206.04, 3-206.05, and 3-206.06 (MS AG Op. Wright,
				  October 23, 2015).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.03 - Negotiation in Sole-Source Procurement

Current through June 25, 2024
The Agency Head shall conduct negotiations, as
					 appropriate, as to price, delivery, and terms. If the contract amount is
					 greater than $75,000.00, the contracts must be forwarded to the PPRB for
					 approval prior to any services being rendered.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.04 - Publication › Section 12-9-3-206.04.1 - Content of Publication

Current through June 25, 2024
Publication of a sole-source award shall include, but is
						not limited to, the following information:
(a) The personal or professional service
					 offered in the contract;
(b) An
					 explanation of why the personal or professional service is the only one that
					 can meet the needs of the agency;
(c) An explanation of why the source is the
					 only person or entity that can provide the required personal or professional
					 service;
(d) An explanation of why
					 the amount to be expended for the personal or professional service is
					 reasonable;
(e) The efforts that
					 the agency made to obtain the best possible price for the personal or
					 professional service; and
(f)
					 Instructions for filing objections pursuant to Section 3-206.05 (Objection to
					 Sole-Source Determination) with current contact information for the agency that
					 published the proposed sole-source contract and the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.05 - Objection to Sole-Source Determination › Section 12-9-3-206.05.1 - Review of Objection to Sole-Source Determination

Current through June 25, 2024
(a) If the agency determines after review
					 that the personal or professional service in the proposed sole-source contract
					 can be provided by another person or entity, then the agency must withdraw the
					 sole-source contract publication from the procurement portal website and submit
					 the procurement of the personal or professional service to an advertised
					 competitive bid or selection process complying with the requirements of Section
					 3-201 (Method of Source Selection).
(b) If the agency determines after review
					 that there is only one source for the required personal or professional
					 service, then the agency may appeal to the Public Procurement Review Board. The
					 appeal shall be submitted to PPRB thirty (30) days before the next regularly
					 scheduled PPRB meeting. The agency has the burden of proving that the personal
					 or professional service is only provided by one source.
(c) If the PPRB has any reasonable doubt as
					 to whether the personal or professional service can only be provided by one
					 source, then the agency must submit the procurement of the personal or
					 professional service to an advertised competitive bid or selection process
					 following the requirements of Section 3-201 (Method of Source Selection).
(d) No action taken by the PPRB in
					 this appeal process shall be valid unless approved by a majority of the members
					 of the PPRB present and voting.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.06 - Sole-Source Procurement Written Determination

Current through June 25, 2024
All sole-source contracts for personal and professional
					 services awarded by state agencies, whether approved by an Agency Head or the
					 PPRB, shall contain in the Agency Procurement File a written determination for
					 the approval, using the Sole-Source Determination Form furnished by the PPRB.
					 The written determination shall document the basis for the determination,
					 including any market analysis conducted in order to ensure that the service
					 required was practicably available from only one source. A memorandum shall
					 accompany the Form and address the following four points:
(a) Explanation of why this service is the
				  only service that can meet the needs of the purchasing agency;
(b) Explanation of why this vendor is the
				  only practicably available source from which to obtain this service;
(c) Explanation of why the price is
				  considered reasonable; and
(d)
				  Description of the efforts that were made to conduct a noncompetitive
				  negotiation to get the best possible price for the taxpayers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-206 - SOLE-SOURCE PROCUREMENT › Section 12-9-3-206.07 - Sole-Source Reporting Requirement

Current through June 25, 2024
The PPRB shall prepare and submit a quarterly report to
					 the House of Representatives and Senate Committees on Accountability,
					 Efficiency, and Transparency that details the sole-source contracts presented
					 to the PPRB and the reasons that the PPRB approved or rejected each contract.
					 Such quarterly reports shall also include the documentation and memoranda
					 required in Section 3-206.06 (Sole-Source Procurement Written Determination).
					 Agencies submitting sole-source contracts shall cooperate with PPRB staff in
					 providing the information necessary for this report. Any agency that submitted
					 a sole-source contract shall be prepared to explain the sole-source contract to
					 each committee by December 15 of each year upon request by the committee.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-207 - EMERGENCY PROCUREMENT › Section 12-9-3-207.01 - Determination to Make Emergency Procurement

Current through June 25, 2024
The Agency Head shall make a written determination of the
					 conditions and circumstances of the emergency, including a detailed description
					 of the events leading up to the situation, the negative impact to the agency if
					 the procurement of services is required to be competitively bid, and the basis
					 for the selection of the particular contractor. The written determination shall
					 be signed by the Agency Head and maintained in the Agency Procurement File. The
					 term of an emergency contract shall not exceed one year.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-207 - EMERGENCY PROCUREMENT › Section 12-9-3-207.02 - Scope of Emergency Procurement

Current through June 25, 2024
Emergency procurement shall be limited to those personal
					 or professional services necessary to meet the emergency. The term of an
					 emergency contract shall be limited to the time necessary to meet the
					 emergency, but in no circumstances shall the term exceed one year. If the
					 agency will continue to need the personal or professional services beyond the
					 term of the emergency contract, the agency must take the necessary steps to
					 competitively procure the services before the emergency contract expires.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-207 - EMERGENCY PROCUREMENT › Section 12-9-3-207.03 - Emergency Contracts Greater than $75,000.00

Current through June 25, 2024
The PPRB does not approve Emergency Contracts. However,
					 any contract resulting from an emergency procurement shall be forwarded to the
					 PPRB within 10 days of execution for SPAHRS or MAGIC processing, if the
					 contract amount is greater than $75,000.00.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-208 - PREAPPROVED VENDOR LISTS › Section 12-9-3-208.01 - Procedure

Current through June 25, 2024
The agency should locate the preapproved vendor list for
					 the selected service in the region where the service is to be provided. The
					 agency is encouraged, but not required, to contact the lowest bidder first.
					 Once a vendor is selected, the agency and the vendor should finalize the
					 negotiable terms and prepare a contract. The agency may use a form contract for
					 the selected service drafted by the PPRB and posted on the website. Use of the
					 PPRB form contract is strictly optional. The agency may use a contract it
					 prepares as long as the contract adheres to the required terms and conditions
					 as stated in the PPRB form contract. Any additional terms or change in
					 non-negotiable terms, such as the scope of services, may not be used.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-208 - PREAPPROVED VENDOR LISTS › Section 12-9-3-208.02 - Approval of Contracts Procured Using a Preapproved Vendors List

Current through June 25, 2024
PPRB staff has the authority to approve agency contracts
					 with vendors from any PPRB established List of Preapproved Providers of
					 Services. This authority is limited to contracts with scopes of service
					 consistent with the IFB used to establish the list.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-301 - CANCELLATION OF SOLICITATIONS › Section 12-9-3-301.01 - Scope of this Regulation

Current through June 25, 2024
The provisions herein shall govern the cancellation of any
					 solicitations whether issued by the State under competitive sealed bidding,
					 competitive sealed proposals, competitive sealed qualifications, or any other
					 source selection method, and the rejection of bids, proposals, or
					 qualifications in whole or in part.