12 Miss. Code. R. 3-20-600.25 - PROJECT MANUAL

The Project Manual will be prepared based on the Construction Specification Institute format.

Division 00 and 01 of the CSI entitled Procurement and Contracting Requirements and General Requirements respectively, are furnished by the Bureau for Bureau administered projects and are to be reproduced as is into the Project Manual. Any additions made by the Professional will be included in the section entitled Division One Supplement. Any modifications other than these made by the Professional, shall be subject to approval of the Bureau, and will be included in the Division One Supplement or by Addendum only. For projects not administered by the Bureau, use of Bureau Division 00 and 01 template documents is strongly encouraged, but not required. All other sections of the specifications shall be as provided by the Professional and shall be written so as not to exclude comparable equipment of domestic manufacture. Products shall generally be specified in one of five methods:

1. Specification by reference standards or technical performance requirements only. Contractor shall have the option to select any product meeting product standards by any Manufacturer. Professional shall identify critical performance and/or technical details necessary to meet project requirements, but shall not do so in a hyper-technical manner so as to place unnecessary or inconsequential restrictions on providers of otherwise comparable equipment. Further, when utilizing specifications of this nature, Professionals are expected to be certain that such specifications can reasonably be met by more than one product.

2. Specification by naming a minimum of two (2) or three (3) products or Manufacturers or equal. Contractor shall have the option to select any product and Manufacturer named. Additionally, Contractor may always submit any product and Manufacturer meeting all product standards as an equal.

3. Specification by "basis of design". Contractor may select any equivalent product meeting specified reference standards or technical performance requirements as represented by the named products and/or Manufacturers. Professional shall identify critical performance and/or technical details necessary to meet project requirements, but shall not do so in a hyper-technical manner so as to place unnecessary or inconsequential restrictions on providers of otherwise comparable equipment. Further, when utilizing specifications of this nature, Professionals are expected to be certain that such specifications can reasonably be met by more than one product.

4. Specification as "brand specific". Contractor may only utilize specified product. Prior approval by the Director of the Bureau of Building, Grounds and Real Property Management is required. Professional may only utilize this method when justified due to the nature of specific project requirements. Professional shall furnish written justification for review and approval including the following:

a. Description of the product for which approval is being sought

b. Explanation of why the product is the only one that can meet project requirements

c. Estimate of cost for such product

d. Estimate of cost for overall procurement

e. Availability of the product to bidders and/or subcontractors

5. Specification as "sole source". Contractor may only utilize specified product, which is available from only one source. Professional may only utilize this method when justified due to the nature of specific project requirements. Such specification may only be utilized in sole-source procurements and shall not be embedded within request for quotation, allowance, request for bid, or request for proposal solicitations. Professional shall furnish written justification for review and approval including the following:

a. Description of the product for which approval is being sought

b. Explanation of why the product is the only one that can meet project requirements

c. Explanation of why the source is the only person or entity that can provide the required product

d. Explanation of why the amount to be expended for the product is reasonable

e. The efforts expended to obtain the best possible price for the product

6. Products proposed to be procured via sole source shall be advertised in the same manner provided in Section 31-7-13(c), Mississippi Code, Annotated. Such advertisement shall direct vendors to the procurement portal website where Bureau shall publish for a minimum of fourteen (14) days the terms of the proposed sole source procurement including the above items as well as procedures for any person or entity that objects and proposes that the product published on the procurement portal is not sole source and can be provided by another person or entity. If no objection is received, Bureau will obtain approval from the Public Procurement Review Board and document compliance with process via General Standard Approval Form.

7. Where sole source procurement is objected to, the Bureau will follow the following steps:

a. If the Bureau determines after review that the product in the proposed sole source request can be provided by another person or entity, the sole source request will be terminated and such product procured in a competitive procurement process.

b. If the Bureau determines after review that there is only one (1) source for the required product, then the Bureau may appeal to the Public Procurement Review Board. The Bureau shall have the burden of proving that the product is only provided by one (1) source. If appeal is successful, Bureau will proceed with procurement and document compliance with process via General Standard Approval Form.

c. If the Public Procurement Review Board has any reasonable doubt as to whether the product can only be provided by one (1) source, then the Bureau will procure the product in a competitive procurement process.

8. Prior approval of brand specific specifications for projects not administered by the Bureau shall be the same as hereinbefore stated with the exception of such prior approval may be granted by the board of a governing authority and where such justification is placed on the minutes of the governing authority.

9. Procedure for use of sole source specifications for projects not administered by the Bureau shall be the same as hereinbefore stated. An exception of such approval may be granted by the board of a governing authority where such authorization is placed on the minutes of the body at the next regular meeting thereafter. Following such purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase as noted in 5a thru 5e above.

Notes

12 Miss. Code. R. 3-20-600.25

Adopted 11/25/2016 Amended 3/15/2021