Section 12-3-2.1-400.9 - PROFESSIONAL CONTRACT REVIEW and APPROVAL PROCEDURESTHE PROCEDURES (modified August 2016)
In 1994, the Legislature authorized the Department of Finance and Administration through the Bureau of Building, Grounds and Real Property Management to review and preapprove all architectural or engineering service contracts entered into by any state entity (agency, institution, commission, or board) to defray the costs of construction or renovation projects for which services are to be obtained. (Code 31-11-3(7))
Exceptions are:
1.Institutions of Higher Learning: Any projects funded from self-generated funds. a. However, DFA should have the authority to obtain annual information on all building, construction and renovation projects including duties, responsibilities and costs of any architect or engineer hired by IHL. 2.Community & Junior Colleges: Any projects funded from local funds or other non-state sources which are outside DFA's appropriations or as directed by the Legislature. 3.State Military Department: Any projects funded from federal funds or other non-state sources. The following procedures have been developed by the Bureau in order to review and preapprove all architectural or engineering service contracts entered into by any state entity as authorized by state law in 1994. [Mississippi Code, 1972 Annotated, Section 31-11-3(7)] * Definitions * Inclusions * Exclusions * Submission Procedure * Contract Forms * Approval * Disapproval * Contract Changes * Effective Date |
A.Definitions:1.Contracts: Contracts entered into by a Using Agency for architectural and/or engineering services which provide professional design and construction administration.2.State Funds: Any monies appropriated and authorized by the Mississippi Legislature; such as, general funds, grants, gifts, fees, federal, or bonds.3.Self-generated Funds: Any monies received by a Using Agency whose amount, authorization and/or origin are not enumerated by legislative action.4.Local Funds: Any monies resulting from the action of cities, counties or districts; such as, general funds, grants, gifts, fees, federal or bonds.B.Inclusions: If State funds support part, or all, of the Project, the Project's Professional Contract shall be submitted to the Bureau for review and preapproval. C.Exclusions: If one or more of the following conditions are met, the Project's Professional Contract shall not be submitted to the Bureau for review and preapproval: 1. Institutions of Higher Learning projects supported entirely by local funds or other non-state sources. 2. City, municipality, school districts, or county projects supported entirely by local or self-generated funds. 3. Community and Junior College projects supported entirely by local funds or other non-state sources. 4. All State of Mississippi Military Department projects funded fully or partially by federal funds or non-state sources; however, any Projects funded entirely by State appropriations will be submitted. 5. All Department of Transportation projects and State-Aid Road Projects. 6. All Department of Environmental Quality projects, except building construction projects. Engineering contracts dealing with environmental quality aspects shall not be submitted. 7. All Projects resulting from Title 37, Chapter 47 of the Mississippi Code 1972, Annotated (State Aid for Construction of School Facilities). D.Submission Procedure: One (1) copy of the unsigned, proposed Professional Contract (no original), along with all source selection documentation, shall be submitted prior to signing by the Owner to the Bureau at the following address: Attention: Professional Contract Review
Bureau of Building, Grounds and Real Property Management
501 North West Street, Suite 1401B
Woolfolk Building
Jackson, MS 39201
Phone: 601/359-3621
Fax: 601/359-2470
Electronic submissions are acceptable. Complete and submit with a copy of the Professional's Contract, the Professional Contract Review Form. [See Appendix 400.] This Form will expedite the process and also serve as the approval response from the Bureau. Allow at least ten (10) working days for processing or longer if non-Bureau standard forms of contract are utilized. After execution of the Professional's Contract a signed copy should be uploaded to Transparency via MAGIC for recording, auditing and reporting purposes.
E.Contract Forms: Bureau standard forms of contract are required unless specifically waived by the Bureau. Contract forms should be filled out to the extent possible (less signatures) clearly indicating proposed scope, fee classification and schedule of performance. Where form of Contract is to be Using Agency Special Professional Proposal Contract, also attach Professional's Proposal, justification for why a fee based upon pre-defined percentage of construction cost is impractical or inappropriate, and documentation of cost evaluation including any negotiations conducted to determine a fair and reasonable cost has been achieved. F.Approval: If approved, the Bureau will return the Professional Contract Review Form to the Institution/Agency/Department. The Institution/Agency Department should attach a copy of this form to Contract in MAGIC if applicable. G.Disapproval: It is not the intent of the Bureau to dictate all contractual conditions, but will disapprove submissions if any of the following are present: a. Unusual supplementary conditions which are not normally included in a Professional Contract. b. Provisions which impose unfair conditions on either the Owner or the Professional. c. Fees which are excessively high, or low, as related to the normal fees necessary to provide quality services for the particular type project. d. Bureau Staff will examine additional services closely and may request additional information and justification for its inclusion. Fee charges for additional services will be of particular interest. e. Contract forms which are not suitable for Project requirements. f. Failure to comply with source selection requirement. H.Contract Changes: Any changes to the Contract terms and/or conditions after execution should be submitted in the same manner required for initial preapproval. Changes to Contract that are in accordance with initial terms and/or conditions of Contract (ie: Change Orders) do not require re-submittal for preapproval prior to execution. I.Effective Date: Any Professional Contract entered into from and after July 1, 1994 shall be submitted to the Bureau for approval. J.Source Selection: Source selection shall be competitive and qualifications-based, consistent with Section 400.6 PROFESSIONAL SELECTION POLICY used for projects administered by the Bureau of Building, Grounds and Real Property Management as modified: a. Projects Less Than $3,000,000: Using Agency/Institution, not Bureau, would identify and form a Selection Committee to evaluate a list of three (3) eligible Professionals. Names and positions of the Selection Committee along with selection criteria, signed, dated ballots and tally documenting selection process must be submitted with Professional Contract Review Form.b. Projects More Than $3,000,000: Using Agency/Institution, not Bureau, would solicit Request for Qualifications for professional selection and form Pre-Selection and Selection Committees to establish short list and select Professional. Names and positions of the Pre-Selection and Selection Committees along with Request for Qualifications, selection criteria, signed, dated ballots and tally documenting selection process must be submitted with Professional Contract Review Form.12 Miss. Code. R. 3-2.1-400.9