30 Miss. Code. R. 802-1.2 - Certificate of Responsibility - Public Procurement
1. All
agencies having the authority to award a contract involving public funds in the
amount of Fifty Thousand Dollars ($ 50,000.00) or more, shall return, unopened,
any bids submitted by a contractor not having a Certificate of Responsibility
required by Sections
31-3-1 -
31-3-23, Miss.
Code Ann. (1972, as amended).
2.
For all purposes herein, "bid" is defined as an offer, whether written or
verbal, to perform all or part of a contract.
3. When the total cost of a project is at
least 50% of a particular classification of work, as determined by the awarding
entity or its engineer, architect or other representative, the awarding entity
shall allow the holder of the certificate of responsibility in that particular
classification to bid on or enter into a contract to perform work on the
project in its entirety.
4. In any
case in which a holder of a Certificate of Responsibility has bid outside the
classification contained in his, her or its Certificate of Responsibility, the
Executive Director of the State Board of Contractors shall notify each holder
to appear before the Board at its next regular meeting and show cause, if
possible, why Action should not be taken against the Certificate of
Responsibility.
5. When separate
bids are received, building contractors having only the classification of
"Building Construction" shall not be permitted to bid on or be awarded the
Mechanical or Electrical contracts; likewise the Mechanical or Electrical
Contractors shall not be permitted to bid on the building portion of a project
when the building costs are at least 50% of the project. When combined
building, mechanical and electrical bids are received, nothing herein or in any
other rule or regulation, shall prohibit the holder of a certificate of
responsibility with the classification of building construction from submitting
a bid and/or entering into a contract to perform work on a project which
consists of at least 50% mechanical, electrical or other classification of
work; provided, however, that the holder of a certificate of responsibility
with the classification of building construction shall also have the
appropriate classification necessary to perform the mechanical, electrical or
other classification of work.
6. No
state recognizes the Certificate of Responsibility issued by this Board.
Therefore, no awarding agency of this state shall consider any bid of a
contractor who holds a Certificate of Responsibility or license issued by
another state, if the respective bidder does not also have a Certificate of
Responsibility issued by the Mississippi State Board of Contractors.
7. It shall be unlawful and illegal for a
Primary Contractor, Contractor, Owner, Awarding Authority, Subcontractor, or
any other person to contract, or subcontract, all or any portion of a public or
private construction project regulated by Chapter 527, General Laws of
Mississippi -1988 (Sections
31-3-1
through
31-3-23, Miss.
Code Ann. (1972, as amended)), equal to or exceeding Fifty Thousand Dollars
($50,000.00) with respect to public and private projects to any other
Contractor, or Sub-Contractor, unless the Contractor, or Subcontractor was duly
licensed by this Board as of the date of submission of bids on the
work.
8. Either all contractors
making up a joint venture or the joint venture itself must hold certificates of
responsibility prior to submitting a bid or being awarded a contract. When the
joint venture itself does not hold a certificate of responsibility, then all
parties to the joint venture must hold certificates of responsibility and each
must have the proper classification for the project to be awarded prior to
submitting a bid or being awarded a contract. Accordingly, contractors engaging
in a joint venture should not perform work that exceeds the statutory scope of
their certificate(s). (See AG Opinion December 3, 1990 to Harper, and AG
Opinion dated April 5, 1991 to Cardin.)
When a joint venture submits a bid on a public project in excess of Fifty Thousand Dollars ($ 50,000.00), and the joint venture itself does not hold a certificate of responsibility, each contractor comprising the joint venture shall place its certificate of responsibility number on the outside of the envelope containing the bid as set forth in Miss. Code Ann. § 31-3-21(2), as amended. If the joint venture itself holds a certificate of responsibility, then it shall place its certificate number only on the outside of the envelope.
9. Any of the
foregoing Rules and Regulations of the Board shall not apply to contracts
involving federal funds if in violation of federal requirements.
Notes
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