12 Miss. Code. R. 9-2.1
Unless specifically stated otherwise, the words defined in this chapter shall have the meaning set forth below whenever they appear in these rules and regulations. Any words or phrases which are not defined in this chapter shall have their usual and customary meaning.
* Agency: An entity under PPRB's purview which is subject to these rules and regulations for the procurement of personal and professional services.
* Agency Head: The chief executive of an Agency, whether that person has the title Executive Director, Commissioner, or another title, and regardless of whether that person is appointed by the Governor, appointed by a governing Board, or otherwise appointed. The Agency Head shall also include those appointed as the chief executive of an Agency in an interim or temporary capacity, throughout the tenure of such an appointment.
* Agency Procurement File: The file maintained throughout the procurement process by the Agency which shall contain all documents required to demonstrate compliance with these rules and regulations, and/or otherwise relevant to the procurement, including all solicitation responses. See Appendix D.
* Applicant: A person or vendor submitting an application in response to a Request for Applications.
* Award: The act by an Agency of entering a contract with a particular vendor or vendors for personal or professional services pursuant to the requirements of these rules and regulations. An Agency may state its intention to award the contract immediately after evaluation of all responses to a solicitation, but the award does not occur until such time as (1) all required approvals have been obtained, including but not limited to PPRB approval, and (2) the contract is executed by all parties.
* Best and Final Offer: A vendor's response to a procuring Agency's request that vendors submit their last and most attractive price.
* Bid: A vendor's response to an Invitation for Bids.
* Bidder: A person or vendor submitting a bid in response to an Invitation for Bids.
* Contract: Any agreement between at least two parties regardless of what the agreement may be called. As it relates to these rules and regulations, the contract shall be for the procurement of personal and professional services, shall be in writing, and shall contain all of the essential elements required to form a contract under Mississippi law.7
* Contract Modification: Any alteration in any contract term(s) or provision(s) which is accomplished by mutual action of the parties to the contract. With regard to contracts procured pursuant to these rules and regulations, any such modification shall be in writing, signed by all parties, and where applicable, approved by PPRB.
* Contractor: Any person or vendor having a contract with a governmental body.
* Contract Worker: Contract personnel who do not meet the criteria to be deemed independent contractors by the Internal Revenue Service and who do not meet the criteria to be deemed state service or non-state service employees pursuant to Mississippi Code Annotated § 25-9-120. Such personnel are classified using a worker identification number ("WIN").
* Day: Unless otherwise specified, a calendar day.
* Designee: Duly authorized representative of a person holding a superior position.
* Discussions: As allowed by Mississippi Code Annotated § 31-7-419(2), Discussions may be held with offerors who responded to an RFP or RFQ to promote understanding of the Agency's requirements and the offeror's proposal or qualification and/or to facilitate arriving at a contract that will be the most practicable and advantageous to the procuring Agency taking into consideration price and the other evaluation factors set forth in the RFP or RFQ. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals or qualifications.
* Employee: An individual who performs services for a governmental body by virtue of an employee/employer relationship with the governmental body.
* Exclusion: A process by which a specific vendor is deemed ineligible for future contract awards pursuant to Chapter 15 herein or similar processes by other federal, state, or local governmental entities. Sometimes called "Debarment".
* Fixed Price Contract: A contract providing for a firm price, or a price that may be adjusted only in accordance with contract clauses providing for revision of the contract price under stated circumstances.
* Gratuity: Anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
* Invitation for Bids: All documents, whether attached or incorporated by reference, utilized for soliciting bids. Award is made to the responsive and responsible offeror who submitted the lowest price. Pursuant to Mississippi Code Annotated § 31-7-403, an Invitation for Bids is the preferred method of procurement.
* MAGIC: Mississippi's Accountability System for Government Information and Collaboration; the state's enterprise resource management system. Where applicable, references to MAGIC may also include MAGIC EC, which is the human resources function of the state's enterprise resource management system.
* May: Denotes the permissive.
* No Cost Contract: A contract in which there is no expenditure of state funds from any funding source (state, federal or other).
* Offeror: Person or vendor who submits a response to a Request for Proposals or Request for Qualifications.
* Personal or Professional Services: The provision of labor, time, or effort by a contractor, not usually involving the delivery of a specific end product other than that which is incidental to the required performance.
* Proposal: The document submitted by an offeror in response to a Request for Proposals. A proposal is usually requested in cases where the selection of a contractor is to be made on the basis of the performance that is offered rather than on that of price alone. A proposal may require an outline of details such as the vendor's qualifications and experience and the identification of problems and proposed solutions in addition to details of price.
* Procurement: The means of acquiring personal or professional services, including all functions which pertain to obtaining services (developing requirements, issuing solicitations, contract award, contract drafting) and all phases of contract administration.
* Procurement Portal: The Buying and Selling to Government in Mississippi website, which was created pursuant to Mississippi Code Annotated §§ 25-53-151 and 27-104-165. Agencies post procurement opportunities on the procurement portal through use of MAGIC. As of the effective date of these rules, the web address is https://www.ms.gov/dfa/contract_bid_search/.
* Procuring Agency: An Agency which is seeking to contract with a person or vendor for personal and professional services pursuant to the rules and regulations herein.
* Qualifications: The document submitted by an offeror to a Request for Qualifications to be used as the basis for a determination that the offeror is qualified or has specialized expertise to perform the scope of work or services required by the Agency. A qualification is usually requested in cases where the selection of a contractor is to be made on the basis of qualifications and experience rather than on that of price alone.
* Request for Proposals: All documents, whether attached or incorporated by reference, utilized for soliciting proposals from potential vendors. Award is made to the offeror who receives the highest score based on weighted evaluation criteria outlined in the Request for Proposals ("RFP") and may include discussions with offerors.
* Request for Qualifications: All documents, whether attached or incorporated by reference, utilized for soliciting qualifications from potential vendors. Award is made to the offeror who receives the highest score based on weighted evaluation criteria outlined in the Request for Qualifications ("RFQ") and may include discussions with offerors.
* Responsible: A determination that a bidder, offeror, or applicant meets the minimum qualifications established by the Agency which were included in the solicitation. The procuring Agency shall have the sole discretion to establish minimum qualifications aimed at determining whether a vendor has the capability in all respects to fully perform the contract requirements, determining whether a vendor has the integrity and reliability which will assure good faith performance, and reducing the risk of a subsequent default or unsatisfactory performance by a vendor which would result in additional administrative costs to the Agency.
* Responsive: A determination that a bidder, offeror, or applicant submitted a response which conforms in all material respects to the requirements of the Agency's solicitation.
* Shall: Denotes the imperative.
* SPAHRS: State Payroll and Human Resources System or any other state system that replaces SPAHRS, including MAGIC EC.
* Solicitation: Any document issued by an Agency for the purpose of soliciting responses from potential contractors relative to performing a state contract. The responses will be evaluated by the Agency to determine which, if any, potential contractor will be awarded a contract.
* Transparency Website: A portal created to promote transparency in government and spending, on which Agencies post executed copies of awarded contracts through use of MAGIC. As of the effective date of these rules, the web address is https://www.transparency.ms.gov/.
7 The Mississippi Supreme Court has held the essential elements required to form a contract are "(1) two or more contracting parties, (2) consideration, (3) an agreement that is sufficiently definite, (4) parties with legal capacity to make a contract, (5) mutual assent, and (6) no legal prohibition precluding contract formation." Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929, 935 (Miss. 2017).
12 Miss. Code. R. 9-2.1