Mississippi Administrative Code
Title 12 - Finance and Administration
Part 9 - Office of Personal Service Contract Review Rules and Regulations
Chapter 15 - EXCLUSION OF VENDOR FROM FUTURE CONTRACT AWARDS
Section 12-9-15.1 - Exclusion by a Single Agency

Where a vendor which has contracted with an Agency failed to satisfactorily perform the services required under the contract, the Agency shall have all remedies available to it under the contract. Should the vendor's performance be such that the Agency determines it is in the Agency's best interest to exclude the vendor from a future contract award, the Agency may use the minimum qualifications of its future procurement(s) to disqualify the vendor as non-responsible where:

* the Agency has written documentation of the vendor's objective failure to adequately perform its contractual obligations, the Agency provided the vendor a reasonable amount of time - but no less than 30 calendar days - to correct such deficiency, and the Agency has documentation demonstrating that the vendor did not correct the deficiency; or

* the Agency has written documentation of the vendor's objective failure to adequately perform its contractual obligations such that the Agency determined immediate contract termination was necessary to protect the interests of the Agency.

In either circumstance, the vendor shall have been notified, in writing, that the failure to cure and/or contract termination may result in exclusion from future contract awards pursuant to this chapter.

Any vendor which feels it has wrongly been excluded from a contract award due to the minimum qualifications set forth in a solicitation may request reconsideration of the terms of the solicitation.