12 Miss. Code. R. 6-10.105.02

Current through December 10, 2024
Section 12-6-10.105.02 - Specifications

When preparing specifications for products that can be produced from recovered materials, the agency should include a clause indicating the desire for recycled products. The agency should also define, for the purposes of the specific purchase, the minimum percentage of recovered material which will be required to be considered for the ten percent (10%) preference. In addition, the agency should describe the award process so that all vendors know how the evaluation and award is to be made.

Specification Clause for Products Made from Recovered Materials

It is suggested that all agencies consider using the following clause when issuing specifications for products made from recovered materials. This applies to printing, paper, corrugated boxes, paper bags, toilet tissue, etc.

Mississippi law requires that specifications be written so as to promote the use of products made from recovered materials. Therefore, bidders are asked to consider bidding on a product made from recovered materials; provided, however, that any product bid must be equal in quality, weight, texture, and color to the product required by these specifications. For the purposes of these specifications, a commodity made from recovered materials must be at least 20% post-consumer waste as defined by EPA and ASTM.

Products made from recovered materials will be given a preference in the award procedure as follows:

(1) The low bid which meets specifications will be determined.
(2) If the low bid meeting specifications is made from recovered materials, then the award will be made to the vendor offering the low bid.
(3) If the low bid is not made from recovered materials, then the award will be made to the low bid meeting specifications which is made from recovered materials; provided, however, that the price paid may not be more than ten percent (10%) higher than the lowest bid received.
(4) If there are no bids for recycled products within ten percent (10%) of the lowest bid, then the award will be made to the vendor offering the lowest bid.

12 Miss. Code. R. 6-10.105.02

Amended 1/1/2018