12 Miss. Code. R. 6-10.108

Current through December 10, 2024
Section 12-6-10.108 - Procedures for Applying Preference to Resident Contractors

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.

12 Miss. Code. R. 6-10.108

Amended 1/1/2018