27 Miss. Code. R. 100-3-503

Current through December 10, 2024
Section 27-100-3-503 - MULTIPLE SOURCE CONTRACTING
3-503.01 Incremental Award
3-503.01.1General

An incremental award is an award of portions of a definite quantity requirement to more than one contractor. Each portion is for a definite quantity and the sum of the portions is the total definite quantity required. An incremental award may be used only when awards to more than one bidder, offeror, or respondent for different amounts of the same item are necessary to obtain the total quantity or the required delivery.

3-503.01.2Intent to Use

If an incremental award is anticipated prior to issuing a solicitation, the State shall reserve the right to make such an award and the criteria for award shall be stated in the solicitation.

3-503.01.3Determination Required

The Procurement Officer shall make a written determination setting forth the reasons for the incremental award, which shall be made a part of the agency's procurement file.

3-503.02Multiple Award
3-503.02.1General

A multiple award is an award of an indefinite quantity contract for services to more than one bidder, offeror, or respondent when the State is obligated to order all of its actual requirements for the specified services from those contractors. The obligation to order the State's actual requirements is limited by Mississippi Code Annotated § 75-2-306.

3-503.02.2Limitations on Use

A multiple award may be made when an award to two or more bidders, offerors, or respondents for similar services is necessary for adequate delivery. Any multiple awards shall be made in accordance with the provisions of Section 3-202 (Competitive Sealed Bids), 3-203 (Competitive Sealed Proposals), Section 3-204 (Competitive Sealed Qualifications), Section 3-205 (Small Purchases), and Section 3-207 (Emergency Procurement), as applicable. Multiple awards shall not be made when a single award will meet the State's needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie bids. Any such awards shall be limited to the least number of contractors necessary to meet the valid requirements of using agencies.

3-503.02.3Contract and Solicitation Provisions

All eligible users of the contract shall be named in the solicitation, and it shall be mandatory that the actual requirements of such users that can be met under the contract be obtained in accordance with the contract, provided, that:

(a) the State shall reserve the right to take bids separately if a particular quantity requirement arises which exceeds its normal requirement or an amount specified in the contract;
(b) the State shall reserve the right to take bids separately if the Agency Head approves a finding that the supply or service available under the contract will not meet a nonrecurring special need of the agency; and,
(c) the contract may allow the State to procure services performed, incidental to the State's own programs, such as industries of correctional institutions, when such services satisfy the need.
3-503.02.4 Intent of Use

If a multiple award is anticipated prior to issuing a solicitation, the State shall reserve the right to make such an award, and the criteria for award shall be stated in the solicitation.

3-503.02.5Determination Required

The Procurement Officer shall make a written determination setting forth the reasons for a multiple award, which shall be made a part of the agency's procurement file.

Note:Within these regulations, contract arrangements which establish more than one source of service are either multiple or progressive award contracts. Competitive sealed bidding is the conventional procurement method for establishing such contracts, although competitive sealed proposals, competitive sealed qualifications, small purchase procedures, and emergency procurements may be used if allowed in accordance with Section 3-201.01 (Petition for Relief from Competitive Bidding).

27 Miss. Code. R. 100-3-503

Adopted 1/15/2015
Amended 1/15/2015
Amended 4/14/2016
Amended 7/1/2016