Section 27-1-3-101 - CONTRACTING PROCEDURES3-101.01 Definition of Terms Used in this Chapter(a)Award is the acceptance by an agency of a bid or proposal submitted by a vendor with the intention of entering into a contract for services. (b)Bid shall be defined as an offer submitted by a prospective contractor in response to an Invitation for Bid. (c)Capability as used in Section 3-101.01 (r) (Definitions, Responsible Bidder or Offeror), means capability at the time of award of the contract. (d)Contract Worker, for purposes of these regulations, is a worker under contract with the State who meets the requirements for a contract worker under the Internal Revenue Code. (See Appendix C) (e)Cost analysis is the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed. (f)Cost Data is information concerning the actual or estimated cost of labor, material, overhead, and other cost elements which have been actually incurred or which are expected to be incurred by the contractor in performing the contract. (g)Cost-Reimbursement Contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with contract terms and the provisions of these regulations, and may receive a fee. (h)Discussions, as used in the source selection process, means an exchange of information or other manner of negotiation during which the offeror and the State may alter or otherwise change the conditions, terms, and price of the proposed contract. Discussions may be conducted in connection with competitive sealed proposals, sole-source, and emergency procurement; discussions are not permissible in competitive sealed bidding (except to the extent permissible in the first phase of multi-step sealed bidding). (i)Fixed Price Contract means 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. (j)Invitation for Bid means all documents, whether attached or incorporated by reference, utilized for soliciting bids. (k)Net-of-Fee Contract means a contract in which there is no expenditure of state funds from any funding source (state, federal or other). (l)Prequalification for Inclusion on Bidders Lists means determining in accordance with Section 3-402 (Prequalification of Suppliers) that a prospective bidder or offeror satisfies the criteria established for being included on the bidders list. (m)Price Analysis is the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed. (n)Price Data is factual information concerning prices, including profit, for supplies services, or construction substantially similar to those being procured. In this definition, "prices" refer to offered or proposed selling prices, historical selling prices, and current selling prices of such items. This definition refers to data relevant to both prime and subcontract prices. (o)Proposal is the document submitted by the offeror in response to a Request for Proposal to be used as the basis for negotiations for entering into a contract. 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 and 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. (p)Purchase Description means the words used in a solicitation to describe the services to be purchased and includes the statement of work or deliverables attached to, or made a part of, the solicitation. (q)Request for Proposal means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.(r)Responsible Bidder or Offeror means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.(s)Responsive Bidder or Offeror means a person who has submitted a bid which conforms in all material respects to the Invitation for Bid or the Request for Proposal. (t)Solicitation means an Invitation for Bid, a Request for Proposal, a request for quotations, or any other document issued by the State for the purpose of soliciting bids or proposals to perform a state contract. (u)Suppliers, as used in Section 3-402 (Prequalification of Suppliers), means prospective bidders or offerors. 3-101.02Exemptions Not Requiring Approval By authority of the Mississippi Legislature, service contracts of $100,000 or less do not require approval of the PSCRB. Contracts which do not exceed $100,000 shall follow the procedures set forth in Section 3-204 (Small Purchases). The following are exempt from the purview of the PSCRB in accordance with Mississippi Code Annotated § 25-9-120(3)(a)(1972, as amended) and as determined by the PSCRB:
(h) Utility rate expert services; (k) Any contracting authority exempt by State statute (Miss. Code Ann. § 25-9-120 (1972, as amended)) including, but not limited to- 1) computer or information technology related services governed by the Mississippi Department of Information Technology Services; 2) personal service contracts entered into by the Mississippi Department of Transportation; and, 3) contracts for equipment repairs governed by Mississippi Code Annotated § 31-7-13 (1972, as amended). If any agency determines that the vendor is performing licensed or certified duties, the agency should document its determination.
3-101.03Personal Liability Mississippi Code Annotated § 31-7-57 (1972, as amended), holds state employees personally liable if they authorize or make a solicitation or award of a contract in violation of law.
3-101.04Contract Workers The PSCRB's authority over contracts for contract workers is the same as its authority over contracts for independent contractors.
3-101.05Net-of-fee Contracts Net-of-fee contracts do not involve expenditures of state funds; they do not come under PSCRB purview. An agency should maintain for its file a written determination that a contract is net-of-fee.
27 Miss. Code. R. 1-3-101