It is the intention of the Ocean Springs School Board that vendors be invited to submit bids and quotations for any products and services they handle. Whenever price, quality, and service appear equal, local vendors which contribute to the tax base of the District and the general prosperity of the community should be selected.
PURCHASING/BIDS/QUOTATIONS
The Ocean Springs School board reserves the right to reject any and all bids and to waive any irregularities. This language will be properly placed in each "notice to bidders."
The term "purchase" shall mean the total amount of money encumbered by a single purchase order, exclusive of freight or shipping charges. "Competitive" shall mean that bids are developed based on need, independently and without knowledge of other bids or prospective bids. Bids will be accepted by delivery in person or by generally accepted delivery of mail service. Bids and quotes should be signed by an official representative of the company. Furthermore, bids should be sealed until the designated time of the competitive bid opening. Bids will not be accepted by facsimile or electronic mail; however, quotes may be submitted in this fashion. The results of all competitive bid openings shall be tabulated and presented to the school board at the next regular or special meeting.
PURCHASING PROCEDURES
1. Purchases of $5,000.00 or Less may be made without advertising or otherwise requesting competitive bids. See ' 31-7-13 (a)
2. Purchases Over $5,000.00 But Not Over $50,000.00 may be made without advertising or otherwise requesting competitive bids providing that at least two (2) written quotes have been obtained. The Ocean Springs School Board authorizes the Purchasing Agents to accept the lowest and best quote. See ' 31-7-13 (b).
3. Purchases Over $50,000.00 may be made after proper bidding procedures are followed. However, all American Recovery and Reinvestment Act projects in excess of $25,000.00 shall be bid. See ' 31-7-13 (c).
PREFERENCES
In the letting of public contracts, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state, city, county, parish, province, nation or political subdivision having laws granting preference to local contractors shall be awarded Mississippi public contracts only on the same basis as the nonresident bidder's state, city, county, parish, province, nation or political subdivision awards contracts to Mississippi contractors bidding under similar circumstances. Resident contractors actually domiciled in Mississippi, be they corporate, individuals or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state, city, county, parish, nation or political subdivision of domicile of the nonresident. '31-7-47 (1995)
GRATUITIES
Any rebates, refunds, coupons, merit points, gratuities or any article of value tendered or received by their school district from any vendor of material, supplies, equipment or other articles shall inure to the benefit of this school district. This school district may, in accordance with its best interest, either take delivery of the article of value tendered and use the same or convert it to cash by selling it for its fair and reasonable value, making use of the proceeds from such sale for the exclusive benefit of the school district. '31-7-23 (1981)
It is hereby declared to be unlawful and a violation of public policy of the State of Mississippi for this school board or any designated purchasing agent for this school district to make any purchases without the full compliance with the provisions of Chapter 7, Title 31, Mississippi Code of 1972.
Except as otherwise provided in subsection (4) of ' 31-7-55, any person who intentionally, willfully and knowingly violates the provisions of Chapter 7, Title 31, Mississippi Code of 1972, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) for each separate offense, or sentenced to the county jail for not more than six (6) months, or both such fine and imprisonment, and shall be removed from his office or position.
Any person who intentionally, willfully and knowingly violates the provisions of subsection (1) of '31-7-57 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or both such fine and imprisonment, and shall be removed from his office or position.
Any person diverting the benefits of any article of value tendered or received by this school district to his or her personal use, in violation of ' 31-7-23, if the value of such article be less than Five Hundred Dollars ($500.00), shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or sentenced to the county jail for not more than six (6) months, or by both such fine and imprisonment, shall be removed from his office or position, and shall be required to return the money value of the article unlawfully diverted to this school board. If the value of the article be Five Hundred Dollars ($500.00) or more, such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or sentenced to the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment, shall be removed from his office or position, and shall be required to return the money value of the article unlawfully diverted to this school board.
The provisions of this section are supplemental to any other criminal statutes of this state.
' 31-7-55 (1988)
PERSONAL LIABILITY
The superintendent, any employee or agent of this school board, who appropriates or authorizes the expenditure of any money to an object not authorized by law, shall be liable personally for up to the full amount of the appropriation or expenditure as will fully and completely compensate and repay such public funds for any actual loss caused by such appropriation or expenditure, to be recovered by suit in the name of the school board or in the name of any person who is a taxpayer suing for the use of the school board, and such taxpayer shall be liable for costs in such case. In the case of the school board, only the individual members of the board who voted for the appropriation or auth orization for expenditure shall be liable under this subsection.
No individual member of this school board, or agent of this school board shall let contracts or purchase commodities or equipment except in the manner provided by law; nor shall this school board ratify any such contract or purchase made by any individual member, employee or agent thereof, or pay for the same out of public funds unless such contract or purchase was made in the manner provided by law; provided, however, that any vendor who, in good faith, delivers commodities or printing or performs any services under a contract to or for the school board shall be entitled to recover the fair market value of such commodities, printing or services, notwithstanding some error or failure by this school board to follow the law, if the contract was for an object authorized by law and the vendor had no control of, participation in, or actual knowledge of the error or failure by this school board.
The individual members, employees or agents of this school board as defined in Section 31-7-1 causing any public funds to be expended, any contract made or let, any payment made, in any manner whatsoever, contrary to or without complying with any statute of the State of Mississippi, regulating or prescribing the manner in which such contracts shall be let, payment on any contract made, purchase made, or any other payment or expenditure made, shall be liable, individually, and upon their official bond, for compensatory damages, in such sum up to the full amount of such contract, purchase, expenditure or payment as will fully and completely compensate and repay such public funds for any actual loss caused by such unlawful expenditure.
In addition to the foregoing provision, for any violation of any statute of the State of Mississippi prescribing the manner in which contracts shall be let, purchases made, expenditure or payment made, any individual member, employee or agent of this school board who shall substantially depart from the statutory method of letting contracts, making payments thereon, making purchases or expending public funds shall be liable, individually and on his official bond, for penal damages in such amount as may be assessed by any court of competent jurisdiction, up to three (3) times the amount of the contract, purchase, expenditure or payment. The person so charged may offer mitigating circumstances to be considered by the court in the assessment of any penal damages.
Any sum recovered under the provisions hereof shall be credited to the account from which such unlawful expenditure was made.
Except as otherwise provided, any individual member of the school board as defined in Section 31-7-1 shall not be individually liable under this section if he voted against payment for contracts let or purchases made contrary to law and had his vote recorded in the official minutes of the school at the time of such vote, or was absent at the time of such vote. ' 31-7-57 (1997)
LEGAL REF.: MS CODE as cited
ADOPTED: 10/11/1983
REVISED: 10/12/1999
06/11/2002
12/13/2005
02/12/2008
12/08/2009