12 Miss. Code. R. 9-8.4

Current through October 10, 2024
Section 12-9-8.4 - In-State Cooperative Procurement: "Piggybacking"

Any Agency under the purview of PPRB may "piggyback" or contract using a procurement conducted by another Agency under the purview of PPRB. The personal and professional services shall have been solicited in compliance with these rules and regulations. The piggybacking Agency may use all or part of the scope of services solicited by the procuring Agency. Services which were not solicited by the procuring Agency shall not be included in the piggybacking contract.

The piggybacking Agency may only contract with a vendor who was awarded a contract by the procuring Agency following the underlying procurement. Where the procuring Agency made multiple awards, the piggybacking Agency may award less - but not more - contracts than the procuring Agency. However, such awards shall be made as if the piggybacking Agency had conducted the procurement (i.e., in the order of lowest responsive and responsible bidder if the procuring Agency issued an IFB or in order of highest scoring responsive and responsible offeror if the procuring Agency issued an RFP or RFQ).

The piggybacking Agency shall pay the same or lower pricing than that which was competitively procured by the procuring Agency and shall have the burden to demonstrate it is doing so. Where a piggybacking Agency's needs are not identical to the scope of services solicited by the procuring Agency, only those services which were procured so that the price per service (i.e., unit price) is readily apparent are candidates for piggybacking contracts.

8.4.1PPRB Approval Required

If the value of the piggybacking contract exceeds $75,000.00, the contract shall be approved by PPRB regardless of whether the procuring Agency's contract has or has not been approved by PPRB. Thus, the underlying contract must have been procured in a manner that would allow for PPRB approval.

When submitting a contract for PPRB approval, as described in Sections 1.2.1, 1.2.2, and 14.8, the piggybacking Agency shall either submit the minutes of the PPRB meeting in which a contract resulting from the original procurement was approved or submit the full Agency Procurement File from the procuring Agency. The piggybacking Agency shall submit any documentation OPSCR requests to ensure compliance with the rules and regulations herein.

The piggybacking Agency shall contract individually with the awarded vendor(s) and the contract shall include a full description of all services, pricing, and terms and conditions. The piggybacking contract may not simply incorporate the terms of the procurement by reference.

Piggybacking Agencies may execute a contract following oral approval of the contract by the PPRB and are not required to delay contract execution until the PPRB's minutes are final. See Section 1.1.7.3.

12 Miss. Code. R. 9-8.4

Adopted 5/7/2018
Amended 9/6/2024