reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Section 12-6-3.108.01 - Application

Current through June 25, 2024
In accordance with Section 3.108, Purchases less than
					 $50,000.01, this regulation is established for procurements of not more than
					 $50,000 for commodities, equipment or printing.
Commentary
These small purchase regulations present general guidance
					 and reporting requirements to encourage that competition is obtained and the
					 small purchase system is not abused. Governing authorities should provide more
					 detailed treatment in operational procedure manuals, with added coverage to
					 include the use of blanket orders and necessary audit trails.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Sec2 12-6-3.108.02 - Authority to Make Small Purchases › Section 12-6-3.108.02.1 - Amount

Current through June 25, 2024
The Office of the Chief Procurement Officer or a
						purchasing agency may use this regulation if the procurement is to be less than
						$50,000.01 for commodities, equipment or printing. If these methods are not
						used, the other methods of source selection provided in Section 3.105, Method
						of Source Selection, shall apply.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Sec2 12-6-3.108.02 - Authority to Make Small Purchases › Section 12-6-3.108.02.2 - Existing State Contracts

Current through June 25, 2024
Commodities, equipment or printing which may be obtained
						under current state contracts shall be procured under such agreements in
						accordance with the terms of such contracts, unless authority to do otherwise
						is granted by the Department of Finance and Administration acting through the
						Chief Procurement Officer or his designee.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Sec2 12-6-3.108.02 - Authority to Make Small Purchases › Section 12-6-3.108.02.3 - Available from One Source Only

Current through June 25, 2024
If the commodity, equipment or printing is available from
						only one source, the sole-source procurement method set forth in Section 3.109,
						Sole-Source Procurement, of these regulations and Section
						31-7-13(m),
						Mississippi Code of 1972, Annotated, shall be used even if the procurement is a
						small purchase as specified in Subsection 3.108.04, Purchases less than
						$5,000.01.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Sec2 12-6-3.108.03 - Competitive Written Bid Between $5,000.01 and $50,000 › Section 12-6-3.108.03.1 - Procedure

Current through June 25, 2024
As provided by Statute for small purchases of
						commodities, equipment or printing costing more than $5,000 but not more than,
						$50,000, no less than two businesses shall be solicited to submit written bids
						that are recorded and placed in the procurement file. Written bids are defined
						in Section
						31-7-13(b),
						Mississippi Code of 1972, Annotated, and the definition is as follows:
Competitive written bid shall mean a bid submitted on a
						bid form furnished by the buying agency or governing authority and signed by
						authorized personnel representing the vendor, or a bid submitted on a vendor's
						letterhead or identifiable bid form and signed by authorized personnel
						representing the vendor. Bids may be submitted by facsimile, electronic mail or
						other generally accepted method of information distribution. Bids submitted by
						electronic transmission shall not require the signature of the vendor's
						representative unless required by agencies or governing authorities.
Award shall be made to the business offering the lowest
						responsive quotation provided at least two competitive written bids have been
						obtained.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Sec2 12-6-3.108.03 - Competitive Written Bid Between $5,000.01 and $50,000 › Section 12-6-3.108.03.2 - Records

Current through June 25, 2024
The written bids shall be recorded and maintained as a
						public record.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.108 - Purchases less than $50,000.01 › Section 12-6-3.108.04 - Purchases less than $5,000.01

Current through June 25, 2024
The Chief Procurement Officer or his designee, or Agency
					 Procurement Officer shall adopt operational procedures for making small
					 purchases of not more than $5,000. 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.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.109 - Sole-Source Procurement › Section 12-6-3.109.01 - Application

Current through June 25, 2024
The provisions of this regulation apply to all sole-source
					 procurements unless emergency conditions exist as defined in Section 3.110,
					 Emergency Procurements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.109 - Sole-Source Procurement › Section 12-6-3.109.03 - Negotiation in Sole-Source Procurement

Current through June 25, 2024
Once an item has been certified as sole source, the head of
					 the purchasing agency or his/her designee shall conduct negotiations, as
					 appropriate, as to price, delivery, and terms.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.109 - Sole-Source Procurement › Section 12-6-3.109.04 - Sole-Source for Governing Authorities

Current through June 25, 2024
In connection with the purchase by governing authorities of
					 non-competitive items only available from one (1) source, a certification of
					 the conditions and circumstances requiring the purchase shall be filed by the
					 governing authority with the board of the governing
					 authority.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Section 12-6-3.110.01 - Application

Current through June 25, 2024
The provisions of this regulation apply to every
					 procurement made under emergency conditions that will not permit other source
					 selection methods to be used.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Section 12-6-3.110.02 - Definition of Emergency Conditions

Current through June 25, 2024
The term "emergency" shall mean any circumstances caused by
					 fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or
					 caused by any inherent defect due to defective construction, or when the
					 immediate preservation of order or public health is necessary by reason of
					 unforeseen emergency, or when the restoration of a condition of usefulness of
					 any public building, equipment, road or bridge appears advisable, or in the
					 case of a public utility when there is a failure of any machine or other thing
					 used and useful in the generation, production or distribution of electricity,
					 water or natural gas or in the transportation or treatment of sewage; or when
					 the delay incident to obtaining competitive bids could cause adverse impact
					 upon the governing authorities or agency, its employees or its citizens. See
					 Section
					 31-7-1(f),
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Section 12-6-3.110.03 - Scope of Emergency Procurement

Current through June 25, 2024
Emergency procurement shall be limited in scope to those
					 supplies, services, or construction items necessary to meet the emergency and
					 limited in term to the time necessary to meet the emergency; however in no
					 event shall any emergency contract exceed a term of one (1)
					 year.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Section 12-6-3.110.04 - Authority to Make Emergency Procurements

Current through June 25, 2024
Any state agency may make emergency procurements when an
					 emergency condition arises and the need cannot be met through normal
					 procurement methods, provided approval by the executive head of the agency
					 shall be obtained prior to the procurement and provided 3.110 is followed.
					 Governing authorities shall comply with Section
					 31-7-13(k),
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Sec2 12-6-3.110.05 - Source Selection Methods › Section 12-6-3.110.05.1 - General

Current through June 25, 2024
The procedure used shall be selected to assure that the
						required commodities are procured in time to meet the emergency. Given this
						constraint, such competition as is practicable shall be
						obtained.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Sec2 12-6-3.110.05 - Source Selection Methods › Section 12-6-3.110.05.2 - After Unsuccessful Competitive Sealed Bidding

Current through June 25, 2024
Competitive, sealed bidding is unsuccessful when bids
						received pursuant to an Invitation for Bids are unreasonable, non-competitive,
						or the low bid exceeds available funds as certified by the appropriate fiscal
						officer, and time or other circumstances will not permit the delay required to
						re-solicit competitive sealed bids. If emergency conditions exist after an
						unsuccessful attempt to use competitive sealed bidding, an emergency
						procurement may be made.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.110 - Emergency Procurements › Section 12-6-3.110.06 - Emergency Purchase for Governing Authorities

Current through June 25, 2024
The procedures required for a governing authority to make
					 an emergency purchase are set forth in Section
					 31-7-13(k),
					 Mississippi Code of 1972, Annotated, governing authorities are not required to
					 obtain approval from the Office of Purchasing, Travel and Fleet Management.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Section 12-6-3.112.01 - Scope of this Regulation

Current through June 25, 2024
The provisions of this regulation shall govern the
					 cancellation of any solicitations whether issued by the State under competitive
					 sealed bidding, competitive sealed proposals, small purchases, or any other
					 source selection method, and rejection of bids or proposals in whole or in
					 part.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Section 12-6-3.112.02 - Policy

Current through June 25, 2024
Solicitations should only be issued when there is a valid
					 procurement need unless the solicitation states that it is for informational
					 purposes only.
Preparing and distributing a solicitation requires the
					 expenditure of time and funds. Businesses likewise incur expense in examining
					 and responding to solicitations. Therefore, although issuance of a solicitation
					 does not compel award of a contract, a solicitation is to be canceled only when
					 there are compelling reasons to believe that the cancellation of the
					 solicitation is in the State's best interest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Section 12-6-3.112.03 - Cancellation of Solicitation Notice

Current through June 25, 2024
Each solicitation issued may state that the solicitation
					 may be canceled as provided in this regulation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.04 - Cancellation of Solicitation; Rejection of All Bids or Proposals › Section 12-6-3.112.04.1 - Prior to Opening

Current through June 25, 2024
(1) As used in this
					 section, "opening" means the date set for opening of bids, receipt of unpriced
					 technical offers in multi-step sealed bidding, or receipt of proposal in
					 competitive sealed proposals.
(2)
					 Prior to opening, a solicitation may be canceled in whole or in part when the
					 Chief Procurement Officer or the head of a purchasing agency determines in
					 writing that such action is in the State's best interest for reasons including
					 but not limited to:
(a) The buying agency no
					 longer requires the supplies, services, or construction;
(b) The buying agency no longer can
					 reasonably expect to fund the procurement; or,
(c) Proposed amendments to the solicitation
					 would be of such magnitude that a new solicitation is desirable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.04 - Cancellation of Solicitation; Rejection of All Bids or Proposals › Section 12-6-3.112.04.2 - After Opening

Current through June 25, 2024
(1) After opening
					 but prior to award, all bids or proposals may be rejected in whole or in part
					 when the Chief Procurement Officer or the head of a purchasing agency
					 determines in writing that such action is in the State's best interest for
					 reasons including but not limited to:
(a) The
					 supplies, services, or construction being procured are no longer
					 required;
(b) Ambiguous or
					 otherwise inadequate specifications were part of the solicitation;
(c)The solicitation did not provide for
					 consideration of all factors of significance to the buying entity;
(d) Prices exceed available funds and it
					 would not be appropriate to adjust quantities to come within available
					 funds;
(e)All otherwise acceptable
					 bids or proposals received are at clearly unreasonable prices; or
(f) There is reason to believe that the bids
					 or proposals may not have been independently arrived at in open competition,
					 may have been collusive, or may have been submitted in bad faith.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.04 - Cancellation of Solicitation; Rejection of All Bids or Proposals › Section 12-6-3.112.04.3 - Documentation

Current through June 25, 2024
The reasons for cancellation or rejection shall be made a
						part of the procurement file and shall be available for public
						inspection.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.05 - Rejection of Individual Bids or Proposals › Section 12-6-3.112.05.1 - General

Current through June 25, 2024
This section applies to rejections of individual bids or
						proposals in whole or in part.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.05 - Rejection of Individual Bids or Proposals › Section 12-6-3.112.05.2 - Notice in Solicitation

Current through June 25, 2024
Each solicitation issued may provide that any bid or
						proposal may be rejected in whole or in part when in the best interest of the
						State as provided in this regulation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.05 - Rejection of Individual Bids or Proposals › Section 12-6-3.112.05.3 - Reasons for Rejection

Current through June 25, 2024
(1) Bids
As used in this section, "bid" means any offer providing
						pricing submitted in competitive sealed bidding or in the second phase of
						multi-step sealed bidding and includes submissions under Section 3.108,
						Purchases less than $50,000.01, if no changes in offers are allowed after
						submission. Reasons for rejecting a bid include but are not limited to:
(a) The business that submitted the bid is
					 non-responsible as determined under Subsection 3.113.05, Written Determination
					 of Non-responsibility Required;
(b)The bid is not responsive; that is, it
					 does not conform in all material respects to the Invitation for Bids, see
					 Subsection 3.106.13.2, Responsibility and Responsiveness; or
(c)The supply or service item offered in the
					 bid is unacceptable by reason of its failure to meet the requirements of the
					 specifications or permissible alternates or other acceptability criteria set
					 forth in the Invitation for Bids. See Subsection 3.106.13.3, Product
					 Acceptability.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Sec2 12-6-3.112.05 - Rejection of Individual Bids or Proposals › Section 12-6-3.112.05.4 - Notice of Rejection

Current through June 25, 2024
Vendors that have submitted bids or proposals which are
						rejected shall be notified of the rejection and the reasons
						therefore.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Section 12-6-3.112.06 - "All or None" Bids or Proposals

Current through June 25, 2024
Only when provided by the solicitation may a bid or
					 proposal limit acceptance to the entire bid or proposal offering. Otherwise,
					 such bids or proposals shall be deemed to be non-responsive. If the bid or
					 proposal is properly so limited, the buying entity shall not reject part of
					 such bid or proposal and award on the remainder. "All or none" bids shall not
					 be requested unless it is determined that a multiple number of bidders can
					 provide pricing on all items requested. If the "all or none" requirement limits
					 the bidding to the point that only a single responsive bid is received, the
					 Office of Purchasing, Travel and Fleet Management will not approve the request
					 unless ample justification is presented.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.112 - Cancellation of Invitations for Bids or Requests for Proposals › Section 12-6-3.112.07 - Disposition of Bids or Proposals

Current through June 25, 2024
When bids or proposals are rejected, or a solicitation
					 canceled after bids or proposals are received, the bids or proposals which have
					 been opened shall be retained in the procurement file, or if unopened, returned
					 to the bidders or offerers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Section 12-6-3.113.01 - Application

Current through June 25, 2024
A determination of responsibility or non-responsibility
					 shall be governed by this regulation.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Sec2 12-6-3.113.02 - Standards of Responsibility › Section 12-6-3.113.02.1 - Standards

Current through June 25, 2024
Factors to be considered in determining whether the
						standard of responsibility has been met include whether a prospective
						contractor has:
(1) Available the
					 appropriate financial, material, equipment, facility, and personnel resources
					 and expertise, or the ability to obtain them, necessary to indicate its
					 capability to meet all contractual requirements;
(2) A satisfactory record of
					 performance;
(3) A satisfactory
					 record of integrity;
(4) Qualified
					 legally to contract with the State; and
(5) Supplied all necessary information in
					 connection with the inquiry concerning responsibility.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Sec2 12-6-3.113.02 - Standards of Responsibility › Section 12-6-3.113.02.2 - Information Pertaining to Responsibility

Current through June 25, 2024
The prospective contractor shall supply information
						requested by the Agency Procurement Officer concerning the responsibility of
						such contractor. If such contractor fails to supply the requested information,
						the Agency Procurement Officer shall base the determination of responsibility
						upon any available information or may find the prospective contractor
						non-responsible if such failure is unreasonable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Section 12-6-3.113.03 - Ability to Meet Standards

Current through June 25, 2024
The prospective contractor may demonstrate the availability
					 of necessary financing, equipment, facilities, expertise, and personnel by
					 submitting upon request:
(1) Evidence
				  that such contractor possesses such necessary items;
(2) Acceptable plans to subcontract for such
				  necessary items; or
(3) A
				  documented commitment from, or explicit arrangement with, a satisfactory source
				  to provide the necessary items.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Section 12-6-3.113.04 - Duty Concerning Responsibility

Current through June 25, 2024
Before awarding a contract, the Agency Procurement Officer
					 must be satisfied that the prospective contractor is
					 responsible
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.113 - Responsibility of Bidders and Offerers › Section 12-6-3.113.05 - Written Determination of Non-responsibility Required

Current through June 25, 2024
If a bidder or offerer who otherwise would have been
					 awarded a contract is found non-responsible, a written determination of
					 non-responsibility setting forth the basis of the finding shall be prepared by
					 the Chief Procurement Officer or the head of a purchasing agency. A copy of the
					 determination shall be sent promptly to the non-responsible bidder or offerer.
					 The final determination shall be made part of the procurement
					 file.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.114 - Prequalification of Suppliers › Sec2 12-6-3.114.01 - Prequalification › Section 12-6-3.114.01.1 - General

Current through June 25, 2024
Prospective contractors may be pre-qualified for bidder
						lists, but distribution of the solicitation shall not be limited to
						pre-qualified contractors, nor may a prospective contractor be denied award of
						a contract simply because such contractor was not pre-qualified. The fact that
						a prospective contractor has been pre-qualified does not necessarily represent
						a finding of responsibility.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.114 - Prequalification of Suppliers › Sec2 12-6-3.114.01 - Prequalification › Section 12-6-3.114.01.2 - Qualified Products Lists

Current through June 25, 2024
This section is not applicable to qualified products
						lists which are treated in Subsection 4.103.01.2, Authority to Contract for
						Preparation of Specifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Section 12-6-3.115.01 - Scope of Regulation

Current through June 25, 2024
This regulation sets forth the pricing policies which are
					 applicable to contracts of any type and any price adjustments thereunder when
					 cost or pricing data are required to be submitted. The provisions of this
					 regulation requiring submission of cost or pricing data do not apply to a
					 contract let by competitive sealed bidding (including multi-step bidding) or
					 small purchases except as may be provided herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.02 - Requirement for Cost or Pricing Data › Section 12-6-3.115.02.1 - Submission of Cost or Pricing Data

Current through June 25, 2024
Cost or pricing data may be required in support of a
						proposal when:
(1)Any contract expected
					 to exceed the limit set in the PSCRB Manual i s to be awarded by competitive
					 sealed proposals or by sole-source procurement;
(2)An emergency procurement is made in excess
					 of the limit set in the PSCRB Manual, but such data may be submitted after
					 contract award; or
(3) The Agency
					 Procurement Officer makes a written determination that the circumstances
					 warrant required submission of cost or pricing data; provided, however, cost or
					 pricing data shall not be required where the contract award is made pursuant to
					 competitive sealed bidding.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.03 - Meaning of Terms "Adequate Price Competition," "Established Catalog Prices" or "Market Prices," and "Prices Set by Law or Regulation" › Section 12-6-3.115.03.1 - Application

Current through June 25, 2024
The terms "adequate price competition," "established
						catalog prices or market prices," and "prices set by law or regulations" shall
						be construed in accordance with the following definitions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.03 - Meaning of Terms "Adequate Price Competition," "Established Catalog Prices" or "Market Prices," and "Prices Set by Law or Regulation" › Section 12-6-3.115.03.2 - Adequate Price Competition

Current through June 25, 2024
Price competition exists if competitive sealed proposals
						are solicited and at least two responsible offerers independently compete for a
						contract to be awarded to the responsible offerer submitting the lowest
						evaluated price by submitting priced offers (or best and final offers) meeting
						the requirements of the solicitation. If the foregoing conditions are met,
						price competition shall be presumed to be "adequate" unless the Agency
						Procurement Officer determines in writing that such competition is not
						adequate.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.03 - Meaning of Terms "Adequate Price Competition," "Established Catalog Prices" or "Market Prices," and "Prices Set by Law or Regulation" › Section 12-6-3.115.03.3 - Established Catalog Prices or Market Prices

Current through June 25, 2024
(1)"Established Catalog Price" means the
					 price included in a catalog, price list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer
					 or contractor;
(b) Is either
					 published or otherwise available for inspection by customers; and
(c) States prices at which sales are
					 currently or were last made to a significant number of any categories of buyers
					 or buyers constituting the general buying public for the supplies or services
					 involved.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.03 - Meaning of Terms "Adequate Price Competition," "Established Catalog Prices" or "Market Prices," and "Prices Set by Law or Regulation" › Section 12-6-3.115.03.4 - Prices Set by Law or Regulation

Current through June 25, 2024
The price of a supply or service is set by law or
						regulation if some governmental body establishes the price that the offerer or
						contractor may charge the State and other customers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.04 - Submission of Cost or Pricing Data and Certification › Section 12-6-3.115.04.1 - Time and Manner

Current through June 25, 2024
When cost or pricing data are required, they shall be
						submitted to the Agency Procurement Officer prior to beginning price
						negotiations at any reasonable time and in any reasonable manner prescribed by
						the Agency Procurement Officer. When the Agency Procurement Officer requires
						the offerer or contractor to submit cost or pricing data in support of any
						proposal, such data shall either be actually submitted or specifically
						identified in writing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.04 - Submission of Cost or Pricing Data and Certification › Section 12-6-3.115.04.2 - Obligation to Keep Data Current

Current through June 25, 2024
The offerer or contractor is required to keep such
						submission current until the negotiations are concluded or, if applicable,
						until the contract is expired.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.04 - Submission of Cost or Pricing Data and Certification › Section 12-6-3.115.04.3 - Time for Certification

Current through June 25, 2024
The offerer or contractor shall certify as soon as
						practicable after agreement is reached on price that the cost or pricing data
						submitted are accurate, complete, and current as of a mutually determined date
						prior to reaching agreement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Sec2 12-6-3.115.04 - Submission of Cost or Pricing Data and Certification › Section 12-6-3.115.04.4 - Refusal to Submit Data

Current through June 25, 2024
A refusal by the offerer to supply the required data
						shall be referred to the Chief Procurement Officer or the head of a purchasing
						agency, whose duty shall be to determine in writing whether to disqualify the
						non-complying offerer, to defer award pending further investigation, or to
						enter into the contract. A refusal by a contractor to submit the required data
						to support a price adjustment shall be referred to the Chief Procurement
						Officer or the head of a purchasing agency who shall determine in writing
						whether to further investigate the price adjustment, not to allow any price
						adjustment, or to set the amount of the price adjustment, subject to the
						contractor's rights under Chapter 6, Legal and Contractual
						Remedies.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Section 12-6-3.115.05 - Price Analysis Techniques

Current through June 25, 2024
Price analysis is used to determine if a price is
					 reasonable and acceptable. It involves an evaluation of the prices for the same
					 or similar items or services. Examples of price analysis criteria include but
					 are not limited to:
(1) Price
				  submission of prospective bidders or offers in the current
				  procurement;
(2) Prior price
				  quotations and contract prices charged by the bidder, offerer, or
				  contractor;
(3) Prices published in
				  catalogs or price lists;
(4) Prices
				  available on the open market; and
(5) In-house estimates of cost.
(a) In making such analysis, consideration
				  must be given to any differing terms and conditions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Section 12-6-3.115.06 - Cost Analysis Techniques

Current through June 25, 2024
Cost analysis includes the appropriate verification of cost
					 or pricing data, and the use of this data to evaluate:
(1) Specific elements of costs;
(2) The necessity for certain
				  costs;
(3) The reasonableness of
				  amounts estimated for the necessary costs;
(4) The reasonableness of allowances for
				  contingencies;
(5) The basis used
				  for allocation of indirect costs;
(6) The appropriateness of allocations of
				  particular indirect costs to the proposed contract; and
(7) The reasonableness of the total cost or
				  price.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.115 - Cost or Pricing Data › Section 12-6-3.115.07 - Evaluations of Cost or Pricing Data

Current through June 25, 2024
Evaluations of cost or pricing data should include
					 comparisons of costs and prices of an offerer's cost estimates with those of
					 other offerers and any independent Mississippi price and cost estimates. They
					 shall also include consideration of whether such costs are reasonable and
					 allowable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Section 12-6-3.116.01 - Scope of Regulation

Current through June 25, 2024
This regulation contains descriptions of types of contracts
					 and limitations as to when they should be utilized by the State in its
					 procurements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Section 12-6-3.116.02 - Cost-Plus-a-Percentage-of-Cost Contracting

Current through June 25, 2024
Except for a cost-plus-a-percentage-of-cost contract which
					 agencies are urged to avoid, the use of any type of contract is
					 permissible.
Commentary
A cost-plus-a-percentage-of-cost contract is one in which,
					 prior to beginning the work, the parties agree that the fee will be a
					 predetermined percentage of the total cost of the work. Thereby, the more the
					 contractor spends, the greater its fee, and the contractor's incentive may,
					 therefore, be to incur cost at the expense of the State and not to
					 economize.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.03 - Policy Regarding Selection of Contract Types › Section 12-6-3.116.03.1 - General

Current through June 25, 2024
The selection of an appropriate contract type depends on
						factors such as the nature of the commodities or equipment to be procured, the
						uncertainties which may be involved in contract performance, and the extent to
						which the State or the contractor is to assume the risk of the cost of
						performance of the contract. Contract types differ in the degree of
						responsibility assumed by the contractor.
The objective when selecting a contract type is to obtain
						the best value in needed commodities or equipment in the time required and at
						the lowest cost or price to the State. In order to achieve this objective, the
						Agency Procurement Officer, before choosing a contract type, should review
						those elements of the procurement which directly affect the cost, time, risk,
						and profit incentives bearing on the performance.
Among the factors to be considered in selecting any type
						of contract are:
(1) The type and
					 complexity of the commodities or equipment item being procured;
(2) The difficulty of estimating performance
					 costs such as the inability of the State to develop definitive specifications,
					 to identify the risks to the contractor inherent in the nature of the work to
					 be performed, or otherwise to establish clearly the requirements of the
					 contract;
(3) The administrative
					 costs to both parties;
(4)The
					 degree to which the State must provide technical coordination during the
					 performance of the contract;
(5)The
					 effect of the choice of the type of contract on the amount of competition to be
					 expected;
(6) The stability of
					 material or commodity market prices or wage levels;
(7) The urgency of the requirement;
					 and
(8) The length of contract
					 performance.
Commentary
It is self-defeating for the State to select a type of
						contract that would place an unreasonable economic risk on the contractor,
						since such action may tend to jeopardize satisfactory performance of the
						contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.03 - Policy Regarding Selection of Contract Types › Section 12-6-3.116.03.2 - Use of Contract Types not Herein Described

Current through June 25, 2024
The provisions of Section 3.116, Types of Contracts,
						describe and define the principal contract types. Any other type of contract
						may be used provided the Chief Procurement Officer or the head of a purchasing
						agency determines that such use is in the State's best
						interest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.04 - Types of Fixed-Price Contracts › Section 12-6-3.116.04.1 - General

Current through June 25, 2024
A fixed-price contract places responsibility on the
						contractor for the delivery of the commodity or equipment in accordance with
						the contract terms at a price that may be firm or may be subject to
						contractually specified adjustments. The fixed-price contract is appropriate
						for use when the extent and type of work necessary to meet requirements can be
						reasonably specified and the cost can be reasonably estimated, as is generally
						the case for construction or standard commercial products. A fixed-price type
						of contract is the only type of contract that can be used in competitive sealed
						bidding.
Commentary
Fixed-price contracts are preferred for use in
						procurements and should be used whenever possible. However, when risks are
						unknown or not readily measurable in terms of cost, the use of such contracts
						can result in inflated prices and inadequate competition; poor performance,
						disputes, and claims when performance proves difficult; or excessive profits
						when anticipated contingencies do not occur.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.04 - Types of Fixed-Price Contracts › Section 12-6-3.116.04.2 - Firm Fixed-Price Contract

Current through June 25, 2024
A firm fixed-price contract provides a price that is not
						subject to adjustment because of variations in the contractor's cost of
						performing the work specified in the contract. It should be used whenever
						prices which are fair and reasonable to the State can be established at the
						outset. Bases upon which firm fixed prices may be established include:
(1) Adequate price competition for the
					 contract;
(2) Comparison of prices
					 in similar prior procurements in which prices were fair and
					 reasonable;
(3) Establishment of
					 realistic costs of performance by utilizing available cost or pricing data and
					 identifying uncertainties in contract performance; or
(4) Use of other adequate means to establish
					 a firm price.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.04 - Types of Fixed-Price Contracts › Section 12-6-3.116.04.3 - Fixed-Price Contract with Price Adjustment

Current through June 25, 2024
(1) A
					 fixed-price contract with price adjustment provides for variation in the
					 contract price under special conditions defined in the contract. Bid proposals
					 and contracts may include price adjustment clauses with relation to the cost to
					 the contractor based upon a nationally published industry-wide or nationally
					 published and recognized cost index. The bid proposal and contract documents
					 utilizing a price adjustment clause shall contain the basis and method of
					 adjusting unit prices for the change in the cost of such commodities, equipment
					 and public construction. State agencies shall submit proposed specifications
					 containing price adjustment clauses to the Office of Purchasing, Travel and
					 Fleet Management f or review and approval prior to soliciting bids. An
					 adjustment would be implied in the authority for change orders as would be
					 applicable to construction contracts.
(2) If the contract permits unilateral action
					 by the contractor to bring about the condition under which a price increase may
					 occur, the contract shall reserve to the State the right to reject the price
					 increase and terminate without cost the future performance of the contract. The
					 contract shall also require that notice of any such price increase shall be
					 given within such time prior to its effective date as is specified in the
					 contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 3 - Source Selection and Contract Formation › Sec2 12-6-3.116 - Types of Contracts › Sec2 12-6-3.116.05 - Definite Quantity and Indefinite Quantity Contracts › Section 12-6-3.116.05.1 - Definite Quantity

Current through June 25, 2024
A definite quantity contract is a fixed-price contract
						that provides for delivery of a specified quantity of supplies or services
						either at specified times or when ordered.