The selection of an appropriate contract type depends on the nature of the services to be procured, the uncertainties which may be involved in contract performance, and the extent to which the Agency or the contractor is to assume the risk of the cost of contract performance.
The objective when selecting a contract type is to obtain the services needed in the time required and in a way that provides best value to the Agency. In order to achieve this objective, the procuring Agency should review those elements of the procurement which directly affect the cost, time, risk, and profit incentive prior to selecting the contract type.
Factors to consider in selecting any type of contract include, but are not limited to:
* the type and complexity of services being procured;
* the difficulty of estimating performance costs;
* the administrative costs to both parties;
* the degree to which the Agency will need to provide technical coordination;
* the effect on the amount of competition to be expected;
* the stability of market prices or wage levels;
* the urgency of the requirement; and
* the length of contract performance.
It is self-defeating for a procuring Agency to select a type of contract which would place an unreasonable economic risk on the contractor, since such action may jeopardize satisfactory performance of the contract and/or result in inflated contract pricing.
12 Miss. Code. R. 9-14.1