Table of Contents Section Heading Page Number - Mississippi

1 Table of Contents Section Heading Page Number Foreword 1 Chapter 1 General Provisions 2 Purpose of the Mississippi Procurement Manual 2 Interpretation, Purposes and Policies Purpose and Implementation of these Regulations Purchasing Laws and Regulations 3 Supplementary General Principles of Law Applicable Requirement of Good Faith 3 Application of the Regulations 3 Severability 4 Duration 4 Definitions 4 Public Access to Procurement Information 6 Chapter 2 Procurement Organization 7 Organization 7 Authority of the Public Procurement Review Board (PPRB) 7 Procurement Regulations Deviation from these Regulations Amendment to these Regulations Public Procurement Review Board (PPRB) Approval Responsibility of the Office of Purchasing, Travel and Fleet Management 9 Contracts Open-Market Purchases Rental, Lease, Lease-Purchase of Equipment and Furniture Commodities, Equipment.

2 And Printing Information Distribution Certified Purchasing Office 12 Table of Contents Section Heading Page Number Training and Certification 14 Eligibility Requirements and Maintaining Certification Fees and Further Information Chapter 3 Source Selection and Contract Formation 16 Purchasing Procedures 16 Definition of Terms Used in this Section Exemptions Not Requiring Approval Exemptions Requiring Approval General Provisions 18 Extension of Time for Bid or Proposal Acceptance Extension of Time on Indefinite Quantity Contracts Only One Bid or Proposal Received, No Bid Received Alternate Bids or Proposals Procuring Commodities and Services Produced or Offered by State Agencies Bid and Performance Bonds for Commodity Contracts or Service Contracts Conditioning Bids or Proposals Upon Other Awards Not Acceptable Unsolicited Offers 19 Defined Processing of Unsolicited Offers Conditions for Consideration Evaluation Confidentiality Novation or Change of Name (Assignment) 20 No Assignment Recognition of a Successor in Interest.

3 Novation Change of Name Reports Actions Affecting More Than One Purchasing Agency Method of Source Selection 21 Competitive Sealed Bids 21 Application Use of Competitive Sealed Bidding Invitation for Bids Bidding Time Public Notice Bidders Lists Pre-Bid Conferences Table of Contents Section Heading Page Number Amendments to Invitations for Bids Pre-Opening Modification or Withdrawal of Bids Late Bids, Late Withdrawals, and Late Modifications Receipt, Opening, and Recording of Bids Mistakes in Bids Bid Evaluation and Award Low Tie Bids Documentation of Award Publicizing Awards Multi-Step Sealed Bidding Pre-Bid Conferences in Multi-Step Sealed Bidding Procedure for Phase One of Multi-Step Sealed Bidding Mistakes During Multi-Step Sealed Bidding Procedure for Phase Two Competitive Sealed Proposals 38 Application Conditions for Use of Competitive Sealed Proposals content of the Request for Proposals Proposal Preparation Time Form of Proposal Public Notice Use of Bidders Lists Pre-Proposal Conferences Amendments to Requests for Proposals Modification or Withdrawal of Proposals Late Proposals, Late Withdrawals.

4 And Late Modifications Receipt and Registration of Proposals Evaluation of Proposals Proposal Discussions with Individual Offerers Mistakes in Proposals Award Publicizing Awards Debriefings Purchases less than $50, 47 Application Authority to Make Small Purchases Competitive Written Bid Between $5, and $50,000 Purchases less than $5, Sole-Source Procurement 48 Application Conditions for Use of Sole-Source / Research Procurement(s) Negotiation in Sole-Source Procurement Sole-Source for Governing Authorities Table of Contents Section Heading Page Number Emergency Procurements 50 Application Definition of Emergency Conditions Scope of Emergency Procurement Authority to Make Emergency Procurements Source Selection Methods Emergency Purchase for Governing Authorities Competitive Selection Procedures for Services 53 Cancellation of Invitations for Bids or Requests for Proposals 53 Scope of this Regulation Policy Cancellation of Solicitation Notice Cancellation of Solicitation.

5 Rejection of All Bids or Proposals Rejection of Individual Bids or Proposals All or None Bids or Proposals Disposition of Bids or Proposals Responsibility of Bidders and Offerers 56 Application Standards of Responsibility Ability to Meet Standards Duty Concerning Responsibility Written Determination of Non-responsibility Required Prequalification of Suppliers 58 Prequalification Cost or Pricing Data 58 Scope of Regulation Requirement for Cost or Pricing Data Meaning of Terms Adequate Price Competition, Established Catalog Prices or Market Prices, and Prices Set by Law or Regulation Submission of Cost or Pricing Data and Certification Price Analysis Techniques Cost Analysis Techniques Evaluations of Cost or Pricing Data Table of Contents Section Heading Page Number Types of Contracts 62 Scope of Regulation Cost-Plus-a-Percentage-of-Cost Contracting Policy Regarding Selection of Contract Types Types of Fixed-Price Contracts Definite Quantity and Indefinite Quantity Contracts Lease Contracts 65 Description Use Option Provisions Lease-Purchase Contracts Multi-year or Short-term Rental Lease Agreements Lease Termination Multi-Term Contracts 68 Multi-Term Contracts - General Conditions for Use of Multi-Term Contracts Multi-Term Contract Procedure Multiple Source

6 Contracting 71 Incremental Award Multiple Award Right to Inspect Plant 72 Inspection of Plant or Site Access to Plant or Place of Business Inspection and Testing of Supplies and Services Conduct of Inspections On-site Inspection Finality of Determinations 74 Reporting of Anticompetitive Practices 74 Anticompetitive Practices Independent Price Determination Detection of Anticompetitive Practices Identical Bidding and Price Fixing Other Anticompetitive Practices Reporting Suspected Anticompetitive Practices Retention of Procurement Records 77 Table of Contents Introduction Variations in Estimated Quantities Clause Termination for Default Clause Liquidated Damages Clause Termination for Convenience Clause Section Heading Page Number Purchasing and Disposal and Their Application 77 Request for Authority to Purchase, P-1 Request for Authority to Dispose of Personal Property Chapter 4 Specifications 79 Definition of Terms Used in this Chapter 79 Definitions Duties of the Office of Purchasing.

7 Travel and Fleet Management 79 General Purpose and Policies Availability of Documents Duties of the Chief Procurement Officer 80 Authority to Prepare Specifications Procedures for the Development of Specifications 81 Procedures for the Development of Specifications Relationship with Using Agencies 85 Formulation and Restriction 85 Maximum Practicable Competition 85 Non-restrictiveness Requirement Specifications Prepared by Architects and Engineers 86 Specifications Prepared by Other Than State Personnel Chapter 5 Modification and Termination of Contracts for Commodities 87 87 Table of Contents Section Heading Page Number Chapter 6 Legal and Contractual Remedies 91 Authority to Resolve Protested Solicitations and Awards 91 Definitions Complaint to Procurement Officer Filing of Protest Requested Information; Time for Filing Stay of Procurements During Protest Making Information on Protests Available Decision by the Chief Procurement Officer or the Head of a Purchasing Agency Request for Reconsideration Effect of Judicial or Administrative Proceedings Authority to Debar or Suspend 94 Application Suspension Initiation of Debarment Action Request for Hearing Notice of Hearing Authority of Hearing Officer Hearings Procedures Determination of Hearing Officer.

8 Final Decision Effect of Debarment Decision Maintenance of List of Debarred and Suspended Persons Authority to Resolve Contract and Breach of Contract Controversies 99 General Scope of Regulations Delegation of Authority to Procurement Officer Procurement Officer's Decision Controversies Involving Mississippi Claims Against the Contractor Interest Disputes Clause Applicability of this Part 102 Determination that Solicitation or Award Violates Law Remedies Prior to an Award 103 Cancelling or Revising Solicitation or Proposed Award to Comply with Law Remedies After an Award 103 Termination Effect of Declaring a Contract Null and Void Table of Contents Section Heading Page Number Protest of Solicitations or Awards 104 Suspension or Debarment Procedures 105 Contract and Breach of Contract Controversies 105 No Finality to a Decision on an Issue of Law 106 Appeal and Review of Procurement Appeals Board Decisions 106 Discontinuance of Contractor's Appeal 106 Debriefings 106 Chapter 7 Intergovernmental Relations 108 Definitions of Terms Used in this Chapter 108 Purchasing by Governing Authorities 108 Options Available to Purchase Commodities and Equipment Purchasing Vehicles Having a Gross Weight Rating of Less Than 26,000 Pounds In-State Cooperative Purchasing 109 Cooperative Purchasing Agreement Between a State Agency and a Local Governing Authority Sale, Acquisition.

9 Or Use of Commodities by a Public Procurement Unit 110 Multi-State Cooperative Contracts 110 Chapter 8 Disposal of Personal Property 111 Procedures for Selling, Transferring, or Trading Personal Property 111 Methods Sale of Personal Property Auction Private Treaty Electronic Recyclers Chapter 9 Ethics in Public Contracting 118 Introduction 118 Table of Contents Section Heading Page Number Definitions of Terms Used in this Chapter 118 Definitions Statement of Policy 120 General Standards of Ethical Conduct 120 Employee Conflict of Interest 121 Gratuities 122 Gratuities Prohibition When Prohibition Against Gratuities Not Applicable Prohibition Against Contingent Fees 123 Influence Peddling Improper Influence Restrictions on Employment of Present Employees 123 Restriction on Employees Purchasing Under Terms of a State Contract 124 Restriction on Employees Buying Surplus Property 124

10 Contractor/Consultant Conflict of Interest 124 Chapter 10 Special Procedures 125 Special Procedures 125 Purchasing Petroleum Products 125 Fuel Management Services Contract for Fuel Access Card Services Purchasing Hi Tech and Surveillance Equipment 127 Objective Definitions Conditions for Soliciting Competition Procedures Acquiring Copiers 129 Methods Trade-In of Office Equipment for Credit Assignment of Contracts Table of Contents Section Heading Page Number Purchasing Commodities Produced from Recovered Materials 130 Objective Specifications Procedures for Establishing an Agency Contract 131 Objective Definition Procedures for Items Where Multiple Bids can be Obtained Procedures for Single-Source Items, Firm Price Procedures for Single-Source Items, Firm Price Not Available Procedures for Issuance of Open Purchase Orders 132 Objective State Agency Procedures for Open Purchase Orders in Excess of $5,000 State Agency Procedures for Open Purchase Orders for $5,000 or Less Procedures to be Established by State Agencies Institutions of Higher Learning Procedures for Open Purchase Orders Procedures for Applying Preference to Resident Contractors 134 Information Applicable to Construction 134 Construction Def