27 Miss. Code. R. 100-3-201

Current through December 10, 2024

Section 27-100-3-201 - METHOD OF SOURCE SELECTION

Unless otherwise authorized by law, all Mississippi contracts for personal and professional services shall be procured using one of the following competitive procurement methods:

Competitive Sealed Bidding (Section 3-202), Competitive Sealed Proposals (Section 3-203), Competitive Sealed Qualifications (Section 3-204), Alternative Competitive Procurement for Contract Worker Contracts when Pricing is Set by the Agency (Section 3-101.04.1), or an alternative, generally accepted procurement method approved by the PSCRB.

Competitive bidding includes Invitations for Bids, Requests for Proposals, Requests for Qualifications, and any other alternative, generally accepted procurement method approved by the PSCRB. See MS AG Op., Mosley (October 23, 2015). In order to procure through an alternative, generally accepted procurement method, the agency must bring a request before the Board for approval using the procedure in Section 3-201.03, Alternative Procurement Procedures.

3-201.01Petition for Relief from Competitive Bidding

An agency may petition for relief from the requirement that the agency use competitive bidding as the procurement method by showing to the PSCRB's satisfaction one of the following:

(a) Federal law or federal court order has established limitations on the use of competitive bidding for the personal or professional contracts the agency is seeking to procure; or

(b) The agency is required to hire professionals whose members are prohibited from bidding by the rules of professional conduct promulgated by the regulating agency or agencies for that professional; or

(c) The agency can establish that the use of competitive bidding will be counterproductive to the business of the agency.

If the PSCRB determines that competitive bidding shall not be required for the particular personal or professional service the agency seeks to procure, then the PSCRB will direct the agency to establish a competitive procurement procedure for selecting the personal or professional service contract that ensures open, transparent procedures for making the source selection. The PSCRB shall have the authority to audit the records of any agency to ensure it has used competitive procedures to contract for the personal or professional service.

3-201.02Procedure for Petition for Relief from Competitive Bidding

The procedure for submitting a petition for relief from the requirement to use competitive sealed bidding is outlined in Section 7-103, Competitive Procurement Exception.

3-201.03Alternative Procurement Procedures

Alternative procurement procedures from competitive bidding, which may be used, include:

(a) Section 3-101.04.1, Alternative Competitive Procurement for Contract Worker Contracts when Pricing is Set by the Agency;

(b) Section 3-205.01, Alternative Competitive Procurement for Small Purchases; or

(c) In order to procure through an alternative, generally accepted procurement method, the agency must complete the form prescribed by the PSCRB as a Petition for Relief, which must be approved by the PSCRB prior to procurement.

3-201.04Other Source Selection Methods

Other source selection methods include:

(a) Section 3-206, Sole-Source Procurement;

(b) Section 3-207, Emergency Procurement; and

(c) Section 3-208, Preapproved Vendor Lists.

27 Miss. Code. R. 100-3-201

Adopted 1/15/2015

Amended 1/15/2015

Amended 4/14/2016

Amended 7/1/2016