7 Miss. Code. R. 11-One-2

Current through December 10, 2024
Section 7-11-One-2 - ACQUISITION/REQUISITION

Mississippi Code Ann. § 37-43-1 ensures that state-adopted textbooks shall be distributed and loaned free of cost to the children of the free public schools of the state and of all other schools located in the state which maintain educational standards equivalent to the standards established by the MDE for the state schools as outlined in the Mississippi Non-Public School Accountability.

Requirements For Participation:

When a non-public school is in compliance with all applicable non-public school standards, the Office of Accreditation submits a request to the SBE to award an accredited status to the school.

Once the school receives approved accreditation status, a letter requesting to receive textbooks should be submitted. The MDE Office of Instructional Materials and Library Media will provide the appropriate forms to document that the school operates in a non-discriminatory manner in its admission and enrollment practices. The SBE will review this data and determine if the school should be approved to receive textbooks.

Textbooks may be procured with state or local funds in a variety of ways. Listed below are the approved methods and procedures:

A. STATE-ADOPTED TEXTBOOKS

Textbooks and instructional materials that are on the state-adopted list may be procured through the MDE from the regional depository. The MDE Office of Instructional Materials and Library Media shall approve all requisitions.

Non-public schools wishing to use this procurement provision shall complete and submit a TEXTBOOK ORDER FORM to the MDE Office of Instructional Materials and Library Media for processing. The form may be obtained at MDE Textbook Website. Textbook law requires that a school not pay more for a textbook procured from the publisher than the price stated in the current state-adopted catalog.

B. NON-ADOPTED TEXTBOOKS

Textbooks that are not on the state-adopted textbook and instructional material list may be purchased by the non-public schools through the MDE directly from the regional textbook depository. Schools desiring to utilize this provision should submit any such request on the TEXTBOOK ORDER FORM, which can be downloaded at MDE Textbook Website.

State accredited, non-public schools must document the selection process for non-adopted textbooks and comply with state procurement policies and procedures when procuring non-adopted textbooks with EEF funds. According to state procurement policies and regulations, multiple vendors shall be considered along with the costs of products and services offered by those vendors.

C. PURCHASING PROCEDURES

To ensure that internal controls are in place to document the most efficient use of taxpayer dollars, non-public schools are required to follow the state bid requirements established by Miss. Code Ann. § 31-7-13. Textbooks that are adopted and approved by the SBE are placed under state contract and are exempt from the bidding process DFA 31-7-13(m)(xxv).

Request for Quotes: Adopted Textbooks

1. Complete a Request for Quotes for the Adopted Vendor
2. Include a quote from the vendor
3. Complete the Educational Enhancement Fund order form

Request for Quotes: Non-Adopted Textbooks

1. Complete a Request for Quotes for each vendor (at least 2)
2. Include a quote from each vendor
a. The regional depository can provide 2 competitive quotes
3. Complete Textbook Selection Form (justification of selection)
4. Complete the Educational Enhancement Fund order form for the textbooks that are being purchased

Bidding Requirements: Non-Adopted Textbooks

a. 0 - $5,000: Purchase from any vendor with no bidding.
b. $5,000 - 1 $75,000: Obtain two (2) or more written quotes. Emails with PDF quotes are acceptable.
c. Over $75,000: Must allow 31/2 to 4 weeks for bid to be awarded and must be advertised.

* Schools that purchase non-adopted textbooks more than $75,000 are required to maintain sealed bid documentation for three (3) years after the audit report is released. If a purchase is in litigation, the files shall be maintained until resolved.

* The documentation is required to support award decisions, assure approvals, compliance with regulation, and sustain any reviews or litigation. Documentation should include but is not limited to the following: bid list, bid opening sign-in sheet, bidders' spreadsheets, witness signature, requisition, notice to Contract Procurement Center, public notice to newspaper, bid specifications, original bids, bid envelopes, bid addendum, proof of advertisement, bid evaluation, award by the school, or letter from the MDE Office of Instructional Materials and Library Media.

NOTE: The bid dollar limit does not include shipping or freight costs.

D. PAYMENT FOR TEXTBOOKS

Cash Purchases

If a non-public school desires to use funds other than state textbook funds for the procurement of textbooks, all such requisitions and/or purchase orders shall be submitted directly to the regional depository, publisher, or used textbook vendor.

7 Miss. Code. R. 11-One-2

Amended 9/25/2023