28 Miss. Code. R. 301-15.6 - Procedures

The process for solicitation and evaluation of professional services recommended is as follows:

A. RFQ/RFP. Preparation of a Request for Qualifications and Proposal to include, but not be limited to the following information: Project Identification, Project Objective/Goal, Required professional services, Order of Magnitude Cost, Special Provisions, and Selection Criteria. If the project is associated with any previously performed feasibility study, strategic master plan, or special area plan, then a copy of the plan or study approved by the Port Commission shall be provided.

B. Solicitation. Proposals shall be solicited from qualified firms on an industry-wide basis and based upon the disciplines required. The Mississippi State Port Authority shall maintain an active list of firms interested in providing project management, architectural, engineering, design, and construction management on file with the MSPA staff Engineer. Firms seeking to be placed on a list of firms interested in providing services shall complete Standard Form #254 "Architect-Engineer and Related Services Questionnaire".

1. Specific Request Projects. For a specific project, a Request for Qualifications and Proposal shall be mailed to firms on the Port Authority's active list; shall be published in a newspaper of general circulation in Harrison County; shall be distributed to industry clearinghouses related to the specific services needed; and shall be mailed to firms on an industry wide basis who are normally engaged in the disciplined required.

2. Non-Active List Firms. As part of the Request for Qualifications, all firms not on MSPA's active list, shall provide a list of every job performed over the last three (3) years in the area of discipline being sought that is in excess of $100,000 or an amount comparable to the overall project budget as set by the Executive Director in the solicitation. Failure to disclose such information may be grounds to disqualify the firm.

3. Cut-Off Date to Respond. A specific cutoff date and time for submitting the required information will be included in the solicitation

C. Selection Criteria. The Executive Director shall be responsible for establishing selection criteria for specific projects.

D. Staff Evaluation. The Port staff will make an independent evaluation of all the firms responding to the Port Authority Request for Qualifications and Proposal for each specific project. The independent evaluation shall include selecting past clients to make inquiries regarding past experience with the firm. Specific questions to be answered are:

1. Was the quality of work satisfactory?

2. Was the work perform in a timely manner?

3. Was the proposed budget for the project met? If not, why?

4. How were professional fees established for the project? Were the professional fees within the established limits of the project? If not, why?

5. Are there any potential claims from the contractor, subcontractors, or other vendors related thereto? Are there any threats of litigation related thereto?

6. Should this firm be recommended for employment again?

E. Ranking of Potential Candidates. Upon completion of the background investigation, the Port staff will review and rank the firms based upon the evaluation factors in this operating procedure and/or those established by the Executive Director in the Request for Proposal for related projects. A written staff evaluation shall be provided to the Executive Director ranking all of the firms in the following categories:

1. Firms Highly Qualified and Recommended for further consideration.

2. Firms Qualified for the Related Services

3. Firms Not Qualified and Not Recommended for further consideration.

F. Recommendation. The Executive Director shall review all the materials related to the staff evaluation. Based upon his independent evaluation, the Executive Director may, in his sole discretion, alter the ranking of the staff evaluation of the firms' qualifications and experience to perform the related services.

G. Selection - Phase One. The Executive Director shall select the top firms deserving further consideration. The Executive Director's finalists shall be reviewed with the Mississippi Development Authority.

H. Selection - Phase Two. Following a review and evaluation, the Executive Director and the Mississippi Development Authority shall submit a joint recommendation to the Board of Port Commissioners for their review and consideration. The Board shall select the principal firm to negotiate a fee contract with and an alternate firm to be negotiated with only if the Executive Director and the selected firm are unable to reach agreement. In submitting the joint recommendation to the Board of Port Commissioners, copies of all submittal and materials that influenced the recommendation shall be provided to the members of the Port Commission.

I. Selection - Phase Three. The Board of Port Commissioners shall review and consider the selection of the firm best qualified and experienced to perform the related services at a regular or special public meeting. The Port Commission shall select the firm and one alternate for the Executive Director to negotiate a professional services contract. All firms that proposed on the project shall be notified of the meeting along with the Executive Director's recommendation.

J. Modification of Selection Process. Based upon the scope of the project and prior to initiation of the selection process, the Executive Director may with the concurrence of the Port Commission modify the selection process. This operating procedure shall not limit the Board's decision to invite finalist to appear before them at a regular meeting for further questioning and interviewing. Selection by the Board of Port Commissioners shall be based upon Qualifications and Experience for the related services.

K. Fee Negotiations. Proposed fees shall not be entered into the selection process. Upon selection by the Board of Port Commissioners of the best qualified and experience firm, negotiations shall be undertaken by the Port Authority's Executive Director. Fees may be negotiated either on a fixed fee, time and materials with a cost not to exceed, or percentage of contract cost basis.

If during the fee negotiations, the Executive Director declares an impasse between the firm selected and the Management, the Port Commission may direct the Executive Director to resolve the impasse on specific terms and conditions or may direct the Executive Director to initiate negotiations with the alternate firm.

L. Contract Provisions. All terms and conditions of the professional services contract shall be consistent with the Request for Proposal and Qualifications. The proposed fee schedule shall be consistent with local standards for related type of services within the State of Mississippi. The contract terms and conditions shall be consistent with the terms and conditions of the Port's Construction General Conditions.

M. Engineering Firm Supervision Requirement. All engineering services shall include provisions that requires a representative firm to be present at the job site for critical phases of the work (i.e. cover-up work such as the pouring of reinforced concrete) to insure that the contractor is complying with the construction specifications of the project. All engineering firms engaged in construction management firms shall sign a certificate stating that the project was "constructed in full compliance with the Plans and Specifications of the Construction Contract"

N. Interpretation. All administrative interpretation of these procedures shall be made by the Executive Director. Nothing in this operating procedure shall prohibit the procedures for selection of project management, architectural, engineering, design, and construction management services to be modified to meet specific project requirements. It shall be the responsibility of the Executive Director to identify all changes and modifications to these operating procedures prior to official solicitation of the proposal.

Notes

28 Miss. Code. R. 301-15.6

Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21

Amended 12/3/2020