reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 8 - Disposal of Personal Property › Sec2 12-6-8.101 - Procedures for Selling, Transferring, or Trading Personal Property are promulgated in accordance with Section 29-9-9 › Section 12-6-8.101.05 - Electronic Recyclers

Current through June 25, 2024
Agencies seeking to dispose of state-owned personal
					 property that meets the definition of "electronics" found in Section
					 49-2-101,
					 Mississippi Code of 1972, Annotated may dispose of the property through the use
					 of a certified electronic recycler, after a determination is made that the
					 item(s) have no value and the property will not be sold, traded, or transferred
					 by the agency. Agencies shall only use certified recyclers who appear on the
					 directory maintained by the Mississippi Department of Environmental Quality for
					 the disposal of agency electronics, in accordance with Section
					 49-2-103,
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.101 - Definitions of Terms Used in this Chapter › Section 12-6-9.101.01 - Definitions

Current through June 25, 2024
(1) Bona Fide Employee - a person employed by
				  a prospective contractor and subject to the prospective contractor's
				  supervision and control as to the time, place, and manner of performance, who
				  neither exerts nor proposes to exert improper influence to solicit or obtain
				  Mississippi contracts. In determining whether a bona fide employment
				  relationship exists, the following factors should be considered:
(a) Whether the employment is
				  continuous.
(b) Whether the person
				  is subject to the supervision and control of the prospective
				  contractor.
(c) Whether the size of
				  any contingent fee is reasonable in relation to the service
				  performed.
(d) Whether the method
				  of payment of the contingent fee is customary in the trade.
(e) Whether the person is employed solely by
				  the prospective contractor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.102 - Statement of Policy

Current through June 25, 2024
Public employment is a public trust. It is the policy of the
				  State of Mississippi to promote and balance the objective of protecting
				  government integrity and the objective of facilitating the recruitment and
				  retention of personnel needed by the State. Such policy is implemented by
				  prescribing essential standards of ethical conduct without creating unnecessary
				  obstacles to entering public service.
Public employees must discharge their duties impartially so
				  as to assure fair competitive access to governmental procurement by responsible
				  contractors. Moreover, they should conduct themselves in such a manner as to
				  foster public confidence in the integrity of the State procurement
				  organization.
To achieve the purpose of this chapter, it is essential that
				  those doing business with the State of Mississippi also observe the ethical
				  standards prescribed herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.103 - General Standards of Ethical Conduct

Current through June 25, 2024
(1) General
				Ethical Standards for Employees
Any attempt to realize personal gain through public
				  employment by conduct inconsistent with the proper discharge of the employee's
				  duties is a breach of a public trust. In order to fulfill this general
				  prescribed standard, employees must also meet the specific standards set forth
				  in: Section 9.104, Employee Conflict of Interest; Section 9.105, Gratuities;
				  Section 9.106, Prohibition Against Contingent Fees; and Section 9.107,
				  Restrictions on Employment of Present Employees.
(2) General Ethical Standards for
				Non-employees
Any effort to influence any public employee to breach the
				  standards of ethical conduct set forth in this section and Section 9.104,
				  Employee Conflict of Interest; Section 9.105, Gratuities; Section 9.106,
				  Prohibition Against Contingent Fees; Section 9.107, Restrictions on Employment
				  of Present Employees; and Section 9.108, Restriction on Employees Purchasing
				  Under Terms of a State Contract is also a breach of ethical standards.
Commentary
The head of each governmental body or such official's
				  designee is encouraged to explain and to discuss at least annually with such
				  official's employees the provisions of these regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.104 - Employee Conflict of Interest

Current through June 25, 2024
(1) Conflict of
				Interest
It shall be a breach of ethical standards for any employee to
				  participate directly or indirectly in a procurement when the employee knows
				  that:
(a) The employee or any member
				of the employee's immediate family has a financial interest pertaining to the
				procurement;
(b) A business or
				organization in which the employee, or any member of the employee's immediate
				family, has a financial interest pertaining to the procurement; or
(c) Any other person, business, or
				organization with whom the employee or any member of the employee's immediate
				family is negotiating or has an arrangement concerning prospective employment
				is involved in the procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.105 - Gratuities › Sec2 12-6-9.105.01 - Gratuities Prohibition › Section 12-9-9.105.01.1 - Relationship of Gratuity

Current through June 25, 2024
In addition, the gratuity or offer of employment must be
						made in relation to any proceeding or application, request for a ruling,
						determination, claim or controversy, or other particular matter, to constitute
						a breach, and in connection with any:
(1) Decision;
(2) Approval;
(3) Disapproval;
(4) Recommendation;
(5) Preparation of any part of a program
					 requirement or a purchase request;
(6) Action to influence the content of any
					 specification or procurement standard;
(7) Rendering of advice;
(8) Investigation;
(9) Auditing; or
(10) Other advisory capacity.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.105 - Gratuities › Sec2 12-6-9.105.01 - Gratuities Prohibition › Section 12-9-9.105.01.2 - Family

Current through June 25, 2024
This prohibition extends to the giving of gratuities to
						anyone on the state employee's or former state employee's behalf such as a
						member of that employee's immediate family.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.105 - Gratuities › Section 12-6-9.105.02 - When Prohibition Against Gratuities Not Applicable

Current through June 25, 2024
Section 9.105, Gratuities, does not prohibit:
(1) The solicitation or acceptance of
				  anything of monetary value from a friend, parent, spouse, child, or other close
				  relative when the circumstances make it clear that the motivation for the
				  transaction is unrelated to any procurement or program requirement with the
				  State and is based upon a personal or family relationship;
(2)The participation in the activities of, or
				  the acceptance of an award for, a meritorious public contribution or
				  achievement from a charitable, religious, professional, social, or fraternal
				  organization, or from a non-profit educational, recreational, public service,
				  or civic organization;
(3)Acceptance only on current customary terms
				  of finance of a loan from a bank or other financial institution for proper and
				  usual activities of state employees, such as home mortgage loans; or
(4) Acceptance of unsolicited advertising
				  products or promotional material, such as pens, pencils, note pads, calendars,
				  and other such items.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.106 - Prohibition Against Contingent Fees › Section 12-6-9.106.01 - Influence Peddling

Current through June 25, 2024
The prohibition in Section 9.106, Prohibition Against
					 Contingent Fees, covers influence peddling and particularly that which might
					 occur when a former state official is hired on a contingent basis by a business
					 seeking state contracts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Sec2 12-6-9.106 - Prohibition Against Contingent Fees › Section 12-6-9.106.02 - Improper Influence

Current through June 25, 2024
A business employee or a commercial selling business should
					 be conclusively presumed not to be bona fide if the Ethics Commission
					 determines that improper influence has been or is being used to secure a state
					 contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.107 - Restrictions on Employment of Present Employees

Current through June 25, 2024
Except as may be permitted by advisory opinions regulations
				  or rulings of the Ethics Commission, it shall be a breach of ethical standards
				  for any employee who is participating directly or indirectly in the procurement
				  process to become or be, while such an employee, the employee of any person
				  contracting with the governmental body by whom the employee is employed. Notice
				  of this provision shall be provided in accordance with opinions promulgated by
				  the Ethics Commission.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.108 - Restriction on Employees Purchasing Under Terms of a State Contract

Current through June 25, 2024
Section
				  25-4-105(1),
				  Mississippi Code of 1972, Annotated, states, "No public servant shall use his
				  official position to obtain pecuniary benefit for himself other than that
				  compensation provided for by law, or to obtain or attempt to obtain pecuniary
				  benefit for any relative or any business with which he is associated."
In layman's terms, this means that anyone purchasing a
				  product is free to negotiate the best price possible with the seller but any
				  attempt to tie the sale to a state contract based upon employment with a
				  governmental entity could be considered to be a violation of the ethics
				  law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.109 - Restriction on Employees Buying Surplus Property

Current through June 25, 2024
Section
				  25-4-105(3)(b),
				  Mississippi Code of 1972, Annotated, states, "No public servant shall be a
				  purchaser, direct or indirect, at any sale made by him in his official capacity
				  or by the governmental entity of which he is an officer or employee, except in
				  respect of the sale of goods and services when provided as public utilities or
				  offered to the general public on a uniform price schedule." In the case of a
				  sale by a state agency, no state employee, regardless of the agency affiliation
				  of the selling party or the purchaser, may participate in the sale as a
				  purchaser.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 9 - Ethics in Public Contracting › Section 12-6-9.110 - Contractor/Consultant Conflict of Interest

Current through June 25, 2024
It is the policy of the State of Mississippi to identify,
				  avoid or mitigate conflicts of interest in contracting with independent
				  contractors and consultants for services related to the subsequent competitive
				  acquisition of commodities as defined in Section
				  31-7-1(e),
				  Mississippi Code of 1972, Annotated.
The underlying principles of this policy are:
(1) Preventing the existence of conflicting
				roles that may bias a contractor's or consultant's judgment in its work for the
				State; and
(2) Preventing unfair
				competitive advantage.
An independent contractor or consultant hired by any state
				  agency for the purpose of preparing or furnishing complete or essentially
				  complete specifications which are to be used in competitive acquisition for the
				  furnishing of the same services or equipment shall not:
(1) Be awarded a contract in the subsequent
				competitive acquisition of commodities; or
(2) Be a subcontractor or consultant to a
				bidder participating in the competitive acquisition of the same.
The Chief Procurement Officer may waive this policy by
				  determining that its application in a particular situation would not be in the
				  best interest of the State of Mississippi. Any request for a waiver must be in
				  writing, shall set forth the extent of the conflict, and requires approval by
				  the Chief Procurement Officer.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Section 12-6-10.101 - Special Procedures

Current through June 25, 2024
This section sets forth unique policies and procedures to be
				  used when purchasing certain items or when using specialized techniques as
				  follows:
(1) Section 10.102, Purchasing
				Petroleum Products
(2) Section
				10.103, Purchasing Hi-Tech and Surveillance Equipment
(3) Section 10.104, Acquiring
				Copiers
(4) Section 10.105,
				Purchasing Commodities Produced from Recovered Materials
(5) Section 10.106, Procedures for
				Establishing an Agency Contract
(6)
				Section 10.107, Procedures for Issuance of Open Purchase Orders
(7) Section 10.108, Procedures for Applying
				Preference to Resident Contractors
(8) Section 10.109, Information Applicable to
				Construction
(9) Section 10.110,
				Information Applicable to Taxes
(10) Section 10.111, Information Applicable
				to Services
(11) Subsection
				10.111.03, Small Purchase Procurement Card
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.102 - Purchasing Petroleum Products › Section 12-6-10.102.01 - Fuel Management Services

Current through June 25, 2024
Any governing authority or agency of the State shall,
					 before contracting for the services and products of a fuel management or fuel
					 access system, enter into negotiations with not fewer than two (2) sellers of
					 fuel management or fuel access systems for competitive written bids to provide
					 the services and products for the systems. In the event that the governing
					 authority or agency cannot locate two (2) sellers of such systems or cannot
					 obtain bids from two (2) sellers of such systems, it shall show proof that it
					 made a diligent, good-faith effort to locate and negotiate with two (2) sellers
					 of such systems. Such proof shall include but not be limited to publications of
					 a request for proposals and letters soliciting negotiations and bids. For
					 purposes of this paragraph, a fuel management or fuel access system is an
					 automated system of acquiring fuel for vehicles as well as management reports
					 detailing fuel use by vehicles and drivers.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.102 - Purchasing Petroleum Products › Section 12-6-10.102.02 - Contract for Fuel Access Card Services

Current through June 25, 2024
The Bureau of Fleet Management maintains a contract for
					 Fuel Access Card Services which is available for use by all state agencies and
					 governing authorities. Proper use of this contract would exempt the using
					 department from bid procedures for purchases made pursuant to this
					 contract.
Commentary
When it comes to purchasing gas with a credit card or a
					 fuel access card, it is very important to understand exactly what the card does
					 and for what you are being charged. It is improper for an entity to pay
					 interest on debt unless they have specific authority to do so. Therefore, the
					 use of a credit card which charges a service charge or interest should not be
					 allowed. On the other hand, the use of a fuel access card or gas identification
					 card is considered acceptable as long as there are no service charges or
					 interest charges. If these purchases are individual purchases less than
					 $5,000.01 and the purchases are not being artificially broken up so as to
					 circumvent the law, there would not be any reason to require quotes or formal
					 advertisement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.103 - Purchasing Hi -Tech and Surveillance Equipment › Section 12-6-10.103.01 - Objective

Current through June 25, 2024
The objective of this regulation is to provide a procedure
					 that would allow for the acquisition of surveillance equipment or any other
					 hi-tech equipment used by law enforcement agents in undercover operations in
					 the most cost-effective manner without requiring public notification of the
					 intent to purchase the equipment.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.103 - Purchasing Hi -Tech and Surveillance Equipment › Section 12-6-10.103.02 - Definitions

Current through June 25, 2024
The following definitions will apply when used throughout
					 this regulation.
(1)Surveillance
				  Equipment - any equipment or device used to monitor, track, or observe persons
				  or things related to any type of investigation or evidence gathering process
				  wherein the need for the highest degree of security is mandatory so as not to
				  compromise the operation in general or personnel in particular.
(2)Hi-Tech Equipment - any equipment
				  considered by the industry and law enforcement personnel to be specialized,
				  sophisticated and secretive in nature that to publicize its acquisition could
				  or would jeopardize the success of the mission or the safety of those persons
				  involved in that mission.
(3) Quote
				  - any price solicitation as described in Section
				  31-7-13(b),
				  Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.103 - Purchasing Hi -Tech and Surveillance Equipment › Section 12-6-10.103.03 - Conditions for Soliciting Competition

Current through June 25, 2024
Section
					 31-7-13(m)(xix),
					 Mississippi Code of 1972, Annotated, exempts the purchase of surveillance and
					 other hi-tech equipment used by law enforcement agents in undercover operation
					 from competitive bid requirements. This should be interpreted to mean that no
					 notification of the intent to purchase need be published as required by Section
					 31-7-13(c),
					 Mississippi Code of 1972, Annotated. I t should not be interpreted to mean that
					 competition be ignored.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.103 - Purchasing Hi -Tech and Surveillance Equipment › Sec2 12-6-10.103.04 - Procedures › Section 12-6-10.103.04.1 - State Agency Procedures

Current through June 25, 2024
When acquiring the equipment referenced herein, state
						agencies will solicit multiple quotes unless it is determined that the item
						being purchased is available from only a single supplier. If the purchase is in
						excess of $50,000 the Request for Authority to Purchase, P-1, must be submitted
						to the Office of Purchasing, Travel and Fleet Management. In completing the
						P-1, the item description section need only reflect the term "surveillance" or
						"hi-tech" equipment. No specific description need be presented. In listing the
						quotes when multiple suppliers are available, the suppliers' name may be listed
						by name and address, or they may simply be designated as supplier 1, supplier
						2, etc. The agency shall maintain a file for each such purchase which shall
						contain, but is not limited to:
(1)
					 Description of the equipment being purchased;
(2) Specifications (if used);
(3) List of vendors receiving
					 solicitation;
(4) Copies of
					 quotes;
(5) Justification for
					 single-source purchase (if single-source provision is exercised);
(6) Justification for accepting other than
					 the low bid (if other than the low bid is receiving the award); and
(7) Any other documentation relative to the
					 purchase.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.103 - Purchasing Hi -Tech and Surveillance Equipment › Sec2 12-6-10.103.04 - Procedures › Section 12-6-10.103.04.2 - Governing Authority Procedures

Current through June 25, 2024
Law enforcement units which are entities of governing
						authorities are not required to obtain approval of the Office of Purchasing,
						Travel and Fleet Management when making purchases as set forth in this
						regulation. The Board of the governing authority having jurisdiction over the
						law enforcement unit making the purchase shall set the guidelines to be
						followed in making those purchases. However, where competition is available,
						the purchases shall be made on the basis of competitive quotes. These entities
						shall also maintain a bid file on each purchase made under the provisions of
						Section
						31-7-13(m)(xix),
						Mississippi Code of 1972, Annotated, and the file will contain the same
						information as set forth in the above requirements applicable to state
						agencies.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.104 - Acquiring Copiers › Sec2 12-6-10.104.01 - Methods › Section 12-6-10.104.01.1 - Purchase

Current through June 25, 2024
There are a number of copiers on contract with a net cost
						of $50,000 and below. State agencies may purchase from any of the vendors
						listed in these contracts Copiers with a net cost which exceeds $50,000 and
						copiers not covered by state contracts may be purchased in compliance with
						statutory bidding requirements set forth in Section
						31-7-13,
						Mississippi Code of 1972, Annotated. Governing authorities may purchase from
						any vendor offering the contract item at or below the contract
						price.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.104 - Acquiring Copiers › Sec2 12-6-10.104.01 - Methods › Section 12-6-10.104.01.2 - Rental

Current through June 25, 2024
There are a number of copiers available on contract for
						one and/or multiple-year rental programs. Agencies may rent from any of the
						vendors listed in these contracts. Governing authorities may rent from any
						vendor offering the contract items at or below the contract prices. When
						renting a copier, state agencies must use the Vendor Rental Agreement f or use
						by Mississippi departments and vendors.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.104 - Acquiring Copiers › Sec2 12-6-10.104.01 - Methods › Section 12-6-10.104.01.3 - Rental, Not on Contract

Current through June 25, 2024
Rental, by state agencies, of copiers not covered by the
						contracts and/or longer term rentals may be considered on the basis of
						competitive bids. The correct procedure for this type of acquisition will be as
						follows:
(1)The agency should determine
					 their needs in the area of copies per minute, copies per month, duplexing,
					 finishing, collating, reduction/enlargement, electrical capabilities, space
					 allocation, length of commitment, etc. The agency should then contact at least
					 two vendors and ask them to submit a bid which will meet the agency's needs. If
					 the base commitment (monthly rental x number of months) exceeds, $50,000 the
					 agency must advertise as per Section
					 31-7-13(c)
					 of the Mississippi Code of 1972, Annotated.
(2)The bids should be in writing so that all
					 vendors are submitting an offer based on the same requirements. The agencies
					 must assure that all costs are included and that all vendors are making uniform
					 bids.
(3)Upon receipt of the, bids,
					 the agency should evaluate the bids to determine which is in the best interest
					 of the agency. Upon completion of the evaluation, the agency should submit a
					 P-1 t o the Office of Purchasing, Travel and Fleet Management with copies of
					 all bids and a letter of justification explaining the agency's preference. If
					 the agency is not accepting the lowest bid, they will be expected to submit a
					 justification explaining why the low bid is not acceptable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.104 - Acquiring Copiers › Section 12-6-10.104.02 - Trade-In of Office Equipment for Credit

Current through June 25, 2024
The Office of Purchasing, Travel and Fleet Management will
					 permit trade-in of equipment for credit when state agencies enter into a rental
					 contract. However, all applicable credit must be extinguished prior to any
					 payments being made by the agency. Contracts wherein that credit is spread out
					 over the term of the contract will not be allowed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.104 - Acquiring Copiers › Section 12-6-10.104.03 - Assignment of Contracts

Current through June 25, 2024
This is a reminder that no contract for commodities,
					 supplies or equipment, with a state agency, may be assigned without the express
					 written consent of 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 10 - Special Procedures › Sec2 12-6-10.105 - Purchasing Commodities Produced from Recovered Materials › Section 12-6-10.105.01 - Objective

Current through June 25, 2024
The objective of this regulation is to establish procedures
					 to be followed when state agencies purchase products that can be produced from
					 recovered materials.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.105 - Purchasing Commodities Produced from Recovered Materials › Section 12-6-10.105.02 - Specifications

Current through June 25, 2024
When preparing specifications for products that can be
					 produced from recovered materials, the agency should include a clause
					 indicating the desire for recycled products. The agency should also define, for
					 the purposes of the specific purchase, the minimum percentage of recovered
					 material which will be required to be considered for the ten percent (10%)
					 preference. In addition, the agency should describe the award process so that
					 all vendors know how the evaluation and award is to be made.
Specification Clause for Products Made from
					 Recovered Materials
It is suggested that all agencies consider using the
					 following clause when issuing specifications for products made from recovered
					 materials. This applies to printing, paper, corrugated boxes, paper bags,
					 toilet tissue, etc.
Mississippi law requires that specifications be written so
					 as to promote the use of products made from recovered materials. Therefore,
					 bidders are asked to consider bidding on a product made from recovered
					 materials; provided, however, that any product bid must be equal in quality,
					 weight, texture, and color to the product required by these specifications. For
					 the purposes of these specifications, a commodity made from recovered materials
					 must be at least 20% post-consumer waste as defined by EPA and ASTM.
Products made from recovered materials will be given a
					 preference in the award procedure as follows:
(1) The low bid which meets specifications
				  will be determined.
(2) If the low
				  bid meeting specifications is made from recovered materials, then the award
				  will be made to the vendor offering the low bid.
(3) If the low bid is not made from recovered
				  materials, then the award will be made to the low bid meeting specifications
				  which is made from recovered materials; provided, however, that the price paid
				  may not be more than ten percent (10%) higher than the lowest bid
				  received.
(4) If there are no bids
				  for recycled products within ten percent (10%) of the lowest bid, then the
				  award will be made to the vendor offering the lowest bid.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.106 - Procedures for Establishing an Agency Contract › Section 12-6-10.106.01 - Objective

Current through June 25, 2024
The objective of this regulation is to establish the
					 procedures for agencies and institutions of the State of Mississippi to enter
					 into Agency Contracts for the purchase of commodities, supplies, and
					 equipment.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.106 - Procedures for Establishing an Agency Contract › Section 12-6-10.106.02 - Definition

Current through June 25, 2024
Agency Contract is defined as an agreement between an
					 agency and a vendor, wherein the agency purchases specific products from the
					 vendor for a specific period of time and, in most cases, at firm
					 prices.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.106 - Procedures for Establishing an Agency Contract › Section 12-6-10.106.03 - Procedures for Items Where Multiple Bids can be Obtained

Current through June 25, 2024
(1)When multiple bids can be obtained, the
				  agency should develop specifications, advertise, and solicit bids as per
				  Section
				  31-7-13(c),
				  Mississippi Code of 1972, Annotated. I f the agency intends to award on an "all
				  or none" basis, they must indicate estimated usage for each item on the bid
				  form.
(2) After receipt of bids and
				  evaluation, the agency should prepare an electronic Request for Authority to
				  Purchase, P-1.
(3) The agency
				  should also submit:
(a) Two (2) copies of the
				  proposed prices, (not required if using electronic process;
(b) A copy of the advertisement;
(c) A bid tabulation sheet; and
(d) Copies of the bids.
If preparing copies of the bids appears to be too
					 cumbersome, agencies may request approval to send only the tabulation sheet.
					 The Office of Purchasing, Travel and Fleet Management will reserve the right to
					 require copies of any and all bids at any time.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.106 - Procedures for Establishing an Agency Contract › Section 12-6-10.106.04 - Procedures for Single-Source Items, Firm Price

Current through June 25, 2024
(1)For
				  items wherein the agency cannot obtain competitive bids but can obtain firm
				  prices for a fixed period of time, the agency should submit an electronic
				  Request for Authority to Purchase, P-1.
(2) The agency should submit a copy of the
				  proposed prices
(3) The agency
				  should also submit any letters of justification or information which relate to
				  the proposed contract(s). This should include an explanation why the need
				  fulfilled by the commodity cannot be met by any other available product.
(4) The Office of Purchasing,
				  Travel and Fleet Management will approve the contract at which time the agency
				  will receive an e-mail notification of approval and may then begin issuing
				  purchase orders against the contract.
(5) All purchase orders issued by the agency,
				  during the term of the contract, for the commodities covered, shall indicate
				  the P-1 number in the space provided.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.106 - Procedures for Establishing an Agency Contract › Section 12-6-10.106.05 - Procedures for Single-Source Items, Firm Price Not Available

Current through June 25, 2024
(1) For items wherein the agency cannot
				  obtain competitive bids and cannot obtain firm prices for a fixed period of
				  time, the agency should prepare and submit a Request for Authority to Purchase,
				  P-1.
(2)The agency should also
				  submit any letters of justification or information which relate to the proposed
				  contract(s). This should include an explanation why the need fulfilled by the
				  commodity cannot be met by any other available product, as well as an
				  explanation as to why firm pricing is not available.
(3) The Office of Purchasing, Travel and
				  Fleet Management will approve the contract at which time the agency will
				  receive an e-mail notification of approval and may then begin issuing purchase
				  orders against the contract.
(4)
				  All purchase orders issued by the agency, during the term of the contract for
				  the commodities covered shall indicate the P-1 number in the space
				  provided.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.107 - Procedures for Issuance of Open Purchase Orders › Section 12-6-10.107.01 - Objective

Current through June 25, 2024
The objective of this regulation is to establish procedures
					 for open purchase orders which may be used for multiple purchases from a single
					 vendor for a period of not more than an allotment period. The purchase order
					 may be issued on or after the first day of the allotment period. Partial
					 payments may be made as valid invoices are received and verified. This
					 procedure is established in accordance with Section
					 31-7-9,
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.107 - Procedures for Issuance of Open Purchase Orders › Section 12-6-10.107.02 - State Agency Procedures for Open Purchase Orders in Excess of $5,000

Current through June 25, 2024
All open purchase orders in excess of $5,000 must have an
					 approved electronic Request for Authority to Purchase, P-1, attached to the
					 purchase order. P-1 approval is not required for open purchase orders for
					 service contracts. To receive P-1 approval, the P-1 must have the following
					 included on the P-1 or attached:
(1) A
				  brief justification of the need for an open purchase order in lieu of normal
				  P.O. procedures. This should include, but not be limited to, an estimate of the
				  quantity of purchase orders that would be required if the Open Purchase Order
				  Procedures are not used.
(2) A
				  general description of the commodities/services and the maximum amount per
				  invoice.
(3) The following
				  certification:
"This is to certify that only the commodities/services
					 shown will be purchased and that no items currently covered by any state
					 contract will be purchased under the terms of this purchase order without
					 proper approval from the Office of Purchasing, Travel and Fleet Management.
					 This procedure will not be used to separate purchases so as to circumvent any
					 laws, regulations or policies of the State of Mississippi."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.107 - Procedures for Issuance of Open Purchase Orders › Section 12-6-10.107.03 - State Agency Procedures for Open Purchase Orders for $5,000 or Less

Current through June 25, 2024
All open purchase orders for $5,000 or less must have the
					 following either included on the P.O. or attached:
(1) A brief justification of the need for an
				  open purchase order in lieu of normal P.O. procedures.
(2)In the case of a rental which requires P-1
				  approval, the P.O. must include the appropriate P-1 approval number.
(3) A general description of the
				  commodities/services and the maximum amount per invoice.
(4) The following certification:
"This is to certify that only the commodities/services
					 shown will be purchased and that no items currently covered by any state
					 contract will be purchased under the terms of this purchase order without
					 proper approval from the Office of Purchasing, Travel and Fleet Management.
					 This procedure will not be used to separate purchases so as to circumvent any
					 laws, regulations or policies of the State of Mississippi."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.107 - Procedures for Issuance of Open Purchase Orders › Section 12-6-10.107.04 - Procedures to be Established by State Agencies

Current through June 25, 2024
The agencies who issue open purchase orders should
					 establish a procedure whereby the person picking up goods or services has a
					 signed or approved purchase requisition form in order to maintain control of
					 the open purchase order balances. The items purchased from all open purchase
					 orders must agree with the proper object of expenditure code recorded for that
					 particular P.O. All responsibility that the proper type of items are being
					 purchased and that all purchasing laws concerning bid or contract items are
					 being followed will fall upon the agency officials.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.107 - Procedures for Issuance of Open Purchase Orders › Section 12-6-10.107.05 - Institutions of Higher Learning Procedures for Open Purchase Orders

Current through June 25, 2024
The Institutions of Higher Learning may issue open purchase
					 orders which are in compliance with policies and procedures which have been
					 submitted to and approved by the Department of Finance and Administration.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Section 12-6-10.108 - Procedures for Applying Preference to Resident Contractors

Current through June 25, 2024
Sections
				  31-7-47
				  and
				  31-3-21,
				  Mississippi Code of 1972, Annotated, state that, "In the letting of public
				  contracts, preference shall be given to resident contractors, and a
				  non-resident bidder domiciled in a state, city, county, parish, province,
				  nation or political subdivision having laws granting preference to local
				  contractors shall be awarded Mississippi public contracts only on the same
				  basis as the non-resident bidder's state, city, county, parish, province,
				  nation or political subdivision awards contracts to Mississippi contractors
				  bidding under similar circumstances. Resident contractors actually domiciled in
				  Mississippi, be they corporate, individuals or partnerships, are to be granted
				  preference over non-residents in awarding of contracts in the same manner and
				  to the same extent as provided by the laws of the state, city, county, parish,
				  province, nation or political subdivision of domicile of the
				  non-resident.
Commentary
In layman's terms, this means that we must penalize
				  out-of-state vendors by the same amount as their state laws would penalize our
				  vendors. If State A has a five percent (5%) instate preference and a vendor
				  from State A is bidding in Mississippi, then you must give a Mississippi vendor
				  a five percent (5%) preference in the evaluation and award of the contract.
				  Agencies are advised to review the applicable statutes and discuss this matter
				  with their attorney.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.109 - Information Applicable to Construction › Section 12-6-10.109.02 - Public Projects

Current through June 25, 2024
When preparing Instructions and Specifications for a public
					 project, it may be wise to include the specific requirements for information to
					 be shown on the outside of the envelope, except where bidders are submitting
					 electronically in MAGIC, in which case the certificate of responsibility may be
					 submitted with the electronic bid. As per Section
					 31-3-21(2),
					 Mississippi Code of 1972, Annotated, all paper bids submitted for public
					 projects where said bid is in excess of $50,000 shall contain on the outside of
					 the envelope the contractors current certificate of responsibility number.
					 Also, please remember that no bids for a public project shall be opened unless
					 such certificate number appears on the envelope or unless there appears a
					 statement on the outside of the envelope to the effect that the bid enclosed
					 therewith did not exceed $50,000.
For informational purposes, a public project is defined as,
					 "Any project for erection, building, construction, reconstruction, repair,
					 maintenance or related work which is funded in whole or in part with public
					 funds."
Commentary
In layman's terms, this means that you need to remind the
					 bidders that if they plan to bid on a public project, they better put the
					 certificate number on the envelope or a statement that the bid is not over
					 $50,000. Without one or the other, you cannot open the bid. Interested parties
					 may want to review Section
					 31-3-21,
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.109 - Information Applicable to Construction › Section 12-6-10.109.03 - Architectural or Engineering Service Contracts

Current through June 25, 2024
Section
					 31-11-3,
					 Mississippi Code of 1972, Annotated, requires that the Department of Finance
					 and Administration shall review and preapprove all architectural or engineering
					 service contracts entered into by any state agency, institution, commission,
					 board or authority other than architectural or engineering contracts paid for
					 by self-generated funds of any of the state institutions of higher learning or
					 community college projects that are funded form local funds.
Also, this requirement does not apply to any construction
					 or design projects of the State Military Department that are funded from
					 federal funds or other non-state sources, nor shall they apply to any project
					 of the State Department of Transportation. Prior to entering into any such
					 contract or agreement, agencies should contact the Bureau of Building, Grounds,
					 and Real Property Management.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Section 12-6-10.110 - Information Applicable to Taxes

Current through June 25, 2024
In general, state agencies have limited authority to pay
				  taxes. Therefore, any reference to taxes owed in contracts should be reviewed
				  with legal counsel. Agencies should may want to consider deleting sections
				  pertaining to the payment of taxes during negotiations with the vendor advise
				  vendors that the state is exempt from taxes on the sale of property, labor,
				  services and products sold directly to the state or its departments or
				  institutions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.111 - Information Applicable to Services › Section 12-6-10.111.01 - Services Requiring Competition

Current through June 25, 2024
The services shown below require competition as
					 indicated.
(1) Fuel management
				  services, see Subsection 10.102.01, Fuel Management Services.
(2) Garbage collection or disposal, solid
				  waste collection or disposal, sewage collection or disposal. Contracts in
				  excess of $50,000 for these services may be entered into after following a
				  formal request for proposal procedure and advertising in accordance with
				  Subsection 3.106.05, Public Notice.
Any request for proposals when issued shall contain terms
					 and conditions relating to price, financial responsibility, technology, legal
					 responsibilities and other relevant factors as are determined by the governing
					 authority or agency to be appropriate for inclusion; all factors determined
					 relevant by the governing authority or agency or required by this paragraph
					 shall be duly included in the advertisement to elicit proposals. After
					 responses to the request for proposals have been duly received, the governing
					 authority or agency shall select the most qualified proposal or proposals on
					 the basis of price, technology and other relevant factors and from such
					 proposals, but not limited to the terms thereof, negotiate and enter contracts
					 with one or more of the persons or firms submitting proposals. If the governing
					 authority or agency deems none of the proposals to be qualified or otherwise
					 acceptable, the request for proposals process may be
					 reinitiated.