Section 12-6-7.103.01 - Cooperative Purchasing Agreement Between a State Agency and a Local Governing AuthorityAny agreement between the State and a local public procurement unit which provides that certain open-ended procurement contracts (requirement contracts) shall be available to the local public procurement unit shall also provide the following:
(1) The State shall conduct the procurements in compliance with the Mississippi Procurement Manual and applicable statutes.(2)When the governing authority elects to procure any commodity under the state contract, all of its purchases for such commodities shall be obtained by placing purchase orders against the appropriate state contract in accordance with the terms and conditions of such contract.(3)Payment for supplies or services ordered by the local public procurement unit under state contracts shall be the exclusive obligation of such jurisdiction.(4)Inspection and acceptance of supplies or services ordered by the local public procurement unit under state contracts shall be the exclusive obligation of such jurisdiction.(5) The State may terminate the cooperative agreement for failure of the local public procurement unit to comply with the terms of the contract or pay a contractor to whom the State has awarded a contract.(6) The exercise of any warranty rights attaching to commodities received by the local public procurement unit under state contracts shall be the exclusive obligation of such jurisdiction. (7)Failure of a local public procurement unit which is procuring commodities under a state contract to secure performance from the contractor in accordance with the terms and conditions of its purchase order will not necessarily require the State or any other local public procurement unit to consider the default or to discontinue procuring under the contract.(8) Any transactions shall be in compliance with applicable section of Section 31-7, Mississippi Code of 1972, Annotated.12 Miss. Code. R. 6-7.103.01