27 Miss. Code. R. 100-3-102 - GENERAL PROVISIONS

3-102.01 Extension of Time for Acceptance of Bids, Proposals, or Statements of Qualifications

After opening bids, proposals, or statements of qualifications, the Procurement Officer may request bidders, offerors, or respondents to extend the time during which the State may accept their bids, proposals, or statements of qualifications, provided that, with regard to bids, no other change is permitted. The reasons for requesting such extension shall be documented.

3-102.02 Only One Bid, Proposal, or Statement of Qualifications Received; No Bid, Proposal, or Statement of Qualifications Received
3-102.02.1 One Bid Received

If only one responsive bid is received in reply to an Invitation for Bid (including multi-step bidding), an award may be made to the single bidder if the Procurement Officer finds that the price submitted is fair and reasonable, and that either the other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Otherwise, the bid may be rejected pursuant to the provisions of Section 3-301.04 (Cancellation of Solicitation; Rejection of all Bids or Proposals) and:

(a) the bid may be re-advertised and new bids or offers may be solicited;
(b) the proposed procurement may be canceled;
(c) if the Procurement Officer determines in writing that the need for the supply or service continues, but that the price of the one bid is not fair and reasonable and there is not time for resolicitation or resolicitation would likely be futile, the procurement may then be conducted under Section 3-206 (Sole-Source Procurement) if allowed under Section 3-201 (Method of Source Selection), or Section 3-207 (Emergency Procurement) if the requirements of Section 3-207 are met.
3-102.02.2 One Proposal Received

If only one proposal is received in response to a Request for Proposal, the Procurement Officer may either make an award in accordance with the procedures set forth in Section 3-203 (Competitive Sealed Proposals) or, if time permits, re-solicit for the purpose of obtaining competitive sealed proposals.

3-102.02.3 One Statement of Qualifications Received

If only one statement of qualifications is received in response to a Request for Qualifications, the Procurement Officer may either make an award in accordance with the procedures set forth in Section 3-204 (Competitive Sealed Qualifications) or, if time permits, re-solicit for the purpose of obtaining competitive sealed qualifications.

3-102.02.4 No Bid, Proposal, or Statement of Qualifications Received

If no bid, proposal, or statement of qualifications is received in response to an Invitation for Bid, Request for Proposals, or Request for Qualifications:

(a) the solicitation may be re-advertised and new bids, proposals, or statements of qualifications may be solicited;
(b) the proposed procurement may be canceled; or,
(c) an emergency procurement may be made in compliance with Section 3-207 if the requirements are met.
3-102.03 Alternative Bids or Proposals

If alternate bids or proposals are allowed, the solicitation shall state that such bids or proposals shall be accepted and the solicitation shall specify their treatment.

3-102.04 Procuring Services Offered by Governmental Entities Not Under Purview of the PSCRB

Agency requirements may be fulfilled by procuring services performed incident to the State's own programs. The Agency Head shall determine in writing whether such services meet the agency's requirements and whether the price represents a fair market value for such services. When such procurements are made from other governmental entities, the private sector need not be solicited; however, these contracts shall still be submitted for approval to the PSCRB.

3-102.04.1 Contracts Between Two State Agencies Under Purview of the PSCRB

Contracts between two state agencies, both under PSCRB purview (see Appendix A), do not require PSCRB approval. However, the contracts should still be entered into SPAHRS or MAGIC.

3-102.05 Bid and Performance Bonds for Service Contracts

Bid and performance bonds or other security may be required for service contracts as the Agency Head deems advisable to protect the interest of the State. Any such requirements must be set forth in the solicitation. Bid or performance bonds or other security should not be used as a substitute for a determination of bidder or offeror responsibility. Mississippi Code Annotated § 31-5-51 sets forth bonding requirements applicable to construction contracts and may be considered when establishing any such requirements for service contracts. An agency may not specify a specific company or insurance agency from which bonds should be purchased. If the requirement for a bid or performance bond or other security is included in the procurement, it cannot be waived.

3-102.06 Conditioning Bids or Proposals Upon Other Awards Not Acceptable

Any bid, proposal, or statement of qualifications which is conditioned upon receiving award of both the particular contract being solicited and another Mississippi contract shall be deemed non-responsive and not acceptable.

3-102.07 Lists of Contract Specifications or Deliverables

All contracts for services shall include a list of contract specifications or deliverables. These may be incorporated from the scope of work included in the solicitation of bids, proposals, or statements of qualifications. This list shall be used as evaluation criteria when monitoring contract performance in accordance with Section 4-102, Monitoring Contract Performance, of these regulations. The description of services to be performed should be result-oriented, not procedure-oriented, and shall at a minimum include:

(a) what service is to be performed;
(b) when the service is to be performed;
(c) how frequently the service is to be performed;
(d) where the service is to be performed;
(e) how much the service will cost; and,
(f) why the service is necessary.
3-102.08 Contractors Qualified To Transact Business

Contractors must be in compliance with Mississippi Code Annotated § 79-4-15.01 regarding authorization to transact business in Mississippi.

Notes

27 Miss. Code. R. 100-3-102
Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016

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