reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › TIMELY PAYMENT FOR PURCHASES BY PUBLIC BODIES (§§ 31-7-301 — 31-7-317) › Section 31-7-315 - Relation to provisions governing payments under public works contracts

Sections
31-7-301
through
31-7-317
shall not affect payment under public works contracts as provided in Sections
31-5-25
and
31-5-27
, Mississippi Code of 1972.
Laws, 1986, ch. 489, § 8, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › TIMELY PAYMENT FOR PURCHASES BY PUBLIC BODIES (§§ 31-7-301 — 31-7-317) › Section 31-7-317 - Feasibility studies

(1)
The Governor's Office of General Services shall study the feasibility of:
(a)
Requiring the Bureau of Purchasing to act as purchasing agent for state agencies;
(b)
Requiring the Bureau of Purchasing to purchase frequently used products and supplies and warehouse them for state agencies, especially in the Jackson metropolitan area; and
(c)
A small business/minority set-aside program.
(2)
On or before January 15, 1987, the Governor's Office of General Services shall transmit its written report of the feasibility studies to the Legislature, along with its recommendations and an estimate of the fiscal impact of the recommendations. If the Governor's Office of General Services recommends that the bureau should be required to act as purchasing agent for smaller state agencies, the report shall include a list of state agencies to be included.
Laws, 1986, ch. 489, § , eff. 4/15/1986.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-401 - Applicability

Except as otherwise provided by law, the provisions of Sections
31-7-401
through
31-7-423
shall apply to every procurement of commodities, supplies, equipment, construction, technology, personal and professional services other than those in Section
27-104-7(2)(f) and (8)
, state agency employee benefits, supplemental insurance and cafeteria plans, that are solicited by any state agency by a request for proposals or request for qualifications, except any personal or professional services contract entered into by an agency for the design, operation or maintenance of museum exhibits, purchases made by an agency related to the fabrication, construction, installation or refurbishing of museum exhibits. The following provisions are intended to ensure that the best practices for soliciting requests for proposals or requests for qualifications are implemented. Any agency that is required to receive approval by the Public Procurement Review Board before entering into a personal or professional services contract as provided in subsection (2)(g) of Section
27-104-7
shall implement the best practices specified in Sections
31-7-401
through
31-7-423
. The Public Procurement Review Board shall promulgate any necessary rules and regulations to administer the provisions of Sections
31-7-401
through
31-7-423
.
Amended by Laws, 2024, ch. 466, SB 2486,§ 6, eff. 7/1/2024.
Added by Laws, 2017, ch. 400, HB 1109, 1, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-405 - Content of the request for proposals or request for qualifications

(1)
The request for proposals or request for qualifications shall include the following:
(a)
Instructions and information to offerers concerning the request for proposals or request for qualifications submission requirements, including the time and date set for receipt of proposals or qualifications, the address of the office to which proposals or qualifications are to be delivered, the maximum time for proposal or qualification acceptance by the state, the manner in which proposals or qualifications are to be submitted, including any forms for that purpose and any other special information;
(b)
The purchase description, evaluation factors, delivery or performance schedule and any inspection and acceptance requirements that are not included in the purchase description;
(c)
The contract terms and conditions, including warranty and bonding or other security requirements, as applicable;
(d)
A statement that discussions may be conducted with offerers who submit proposals or qualifications determined to be reasonably susceptible of being selected for the award, but that proposals or qualifications may be accepted without such discussions; and
(e)
A statement of when and how price should be submitted.
(2)
The request for proposals or request for qualifications may incorporate documents by reference provided that the request for proposals or request for qualifications specifies where those documents can be obtained.
(3)
Proposal or qualification preparation time shall be set to provide offerers a reasonable time to prepare their proposals or qualifications. A minimum of thirty (30) days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the chief procurement officer of the requesting agency.
Added by Laws, 2017, ch. 400, HB 1109, 3, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-407 - Public notice

(1)
In addition to any method of public notice regarding the solicitation of requests for proposals or requests for qualifications currently being used by state agencies, the chief procurement officer shall also have posted on the Mississippi procurement portal and on the soliciting agency's website, public notification of a pending procurement through request for proposals or request for qualifications. The notice shall include the following:
(a)
The due date for responses;
(b)
The name and phone number of the officer conducting the procurement; and
(c)
The means of obtaining the solicitation.
(2)
The notice shall be posted at least thirty (30) days before the date that proposals or qualifications are to be submitted to the chief procurement officer, unless a shorter time is deemed necessary for a particular procurement as determined in writing by the chief procurement officer of the requesting agency.
(3)
Each chief procurement officer may determine that other methods of public notification are best for that particular agency or that particular request for proposals or request for qualifications. If such a determination is made, the chief procurement officer may provide notice in an alternative manner about the request for proposals or request for qualifications in addition to the methods provided for in Sections
31-7-401
through
31-7-423
.
(4)
The Department of Finance and Administration (DFA) shall monitor agency websites and the Mississippi procurement portal to ensure that the agencies are posting the required notice. DFA shall audit agencies and report its findings to the Chairs of the House of Representatives and Senate Accountability, Efficiency and Transparency Committees and House of Representatives and Senate Appropriations Committees by December 31 of each year.
Added by Laws, 2017, ch. 400, HB 1109, 4, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-409 - Pre-proposal conferences

(1)
Pre-proposal conferences may be conducted to explain the procurement requirements. If a chief procurement officer plans to hold such a conference, he or she shall prominently place the notification in the request for proposals or request for qualifications solicitation. The notification shall include the date, time and location of the conference. If the chief procurement officer decides to hold a pre-proposal conference after the request for proposals or request for qualifications has been sent out, then he or she shall notify all prospective offerers known to have received a request for proposals or request for qualifications.
(2)
If a pre-proposal conference is held, it shall be at least fourteen (14) days after the request for proposals or request for qualifications has been issued. In setting the time for the conference, the chief procurement officer shall consider the complexity of the procurement and the potential modifications that may need to be made after the conference and any amendments to the solicitation that the chief procurement officer may need to make after the conference.
(3)
The chief procurement officer issuing the request for proposals or request for qualifications shall serve as chair of the conference. Offerers attending the conference shall be required to sign an attendance sheet provided by the soliciting agency. The chair shall announce at the beginning of the conference how the conference is to be handled. The conference shall be recorded. A chief procurement officer may mandate attendance at a conference if he or she feels it is critical to understanding the solicitation. Once the conference is over, the chief procurement officer shall put the recordings from the conference and the questions and answers from the conference in writing and send them to the offerers who received the request for proposals or request for qualifications and post them on the Mississippi procurement portal and the soliciting agency's website.
Added by Laws, 2017, ch. 400, HB 1109, 5, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-411 - Drafting the request for proposals or request for qualifications

(1)
In addition to the items listed in Sections
31-7-401
through
31-7-423
, the contents of a request for proposals or request for qualifications shall also include the following:
(a)
A statement that discussions may be conducted with offerers who submit proposals or qualifications determined to be reasonably susceptible of being selected for the award, but that proposals or qualifications may also be accepted without those discussions; and
(b)
A statement of when and how price should be submitted.
(2)
The request for proposals or request for qualifications shall indicate, either by the order listed, weights or some other manner, the order of importance of the evaluation criteria.
(3)
The request for proposals or request for qualifications, its amendments, the offerer's proposals or qualifications and the best and final offer shall constitute the contract.
Added by Laws, 2017, ch. 400, HB 1109, 6, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-415 - Evaluation committee

(1)
Evaluation committees shall be used to evaluate request for proposals or request for qualifications and award contracts. Persons appointed to an evaluation committee shall have the relevant experience necessary to evaluate the proposal or qualification. The members of the evaluation committee shall have no personal, financial or familial interest in any of the contract offerers, or principals thereof, to be evaluated.
(2)
The names of the members of the evaluation committee shall not be publicly disclosed until their evaluation report as required under Section
31-7-423(1)
. The members' names and job titles shall be made available to the public. Where evaluation committee members are not public employees, those members' names, educational and professional qualifications, and practical experience, that were the basis for the appointment, shall be made available to the public.
(3)
Before evaluating proposals or qualifications, each individual participating in the evaluation of a proposal or qualification shall execute a statement in accordance with subsection (1) of this section certifying that he or she does not have a conflict of interest. The statement shall be filed with the chief procurement officer of the soliciting agency, before beginning the evaluation process. The certification shall be as follows:
"I hereby certify that I have reviewed the conflict of interest standards prescribed herein, and that I do not have a conflict of interest with respect to the evaluation of this proposal or qualification. I further certify that I am not engaged in any negotiations or arrangements for prospective employment or association with any of the offerers submitting proposals or qualifications or their parent or subsidiary organization."
(4)
Committee members may conduct their work separately or together.
(5)
The committee may use advisors, as it deems necessary to give opinions on evaluating proposals or qualifications, except that such advisors shall be subject to the provisions of subsection (3) of this section. The names of the advisors shall be made public at the same time as members of the evaluation committee as provided in subsection (2) of this section. For the purposes of this section, the term "advisors" shall mean those individuals who provide such significant input to a member or members of the evaluation committee that the advisor's opinions are fundamental in shaping the committee member's evaluation of the submitted proposals or qualifications.
(6)
The process of establishing weighting criteria and evaluating proposals or qualifications shall result in a finding that a specific proposal or qualification is the most practical and advantageous, price and other factors considered, or that all proposals or qualifications should be rejected.
Added by Laws, 2017, ch. 400, HB 1109, 8, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-417 - Receipt and registration of proposals or qualifications

Submitted proposals or qualifications shall be opened at the time designated for opening in the request for proposals or request for qualifications. Proposals or qualifications and modifications shall be date-stamped or time and date-stamped upon receipt and held in a secure place until the established due date. Electronic proposals or qualifications received will be stored in an electronic lockbox until the time designated for the opening of the proposal or qualification.
Amended by Laws, 2024, ch. 466, SB 2486,§ 1, eff. 7/1/2024.
Amended by Laws, 2017, ch. 411, HB 1106, 2, eff. 1/1/2018.
Added by Laws, 2017, ch. 400, HB 1109, 9, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-419 - Evaluating submitted proposals or qualifications

(1)
The evaluation committee shall evaluate proposals or qualifications only in accordance with the methodology and weighting criteria described in the request for proposals or request for qualifications. Proposals or qualifications shall be initially classified as:
(a)
acceptable;
(b)
potentially acceptable, which means reasonably susceptible of being made acceptable; or
(c)
unacceptable. Offerers whose proposals or qualifications are unacceptable shall be so notified promptly.
(2)
Discussions may be held with offerers to:
(a)
Promote understanding of the state's requirements and the offerer's proposals or qualifications; and
(b)
Facilitate arriving at a contract that will be the most practicable and advantageous to the state taking into consideration price and the other evaluation factors set forth in the request for proposals or request for qualifications.
(3)
Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals or qualifications. Any discussions that take place under the provisions of this section shall be recorded and the recordings shall be made public upon award of the contract. The chief procurement officer shall establish procedures and schedules for conducting discussions. If, during discussions, there is a need for any substantial clarification of or change in the request for proposals or request for qualifications, the request shall be amended to incorporate the clarification or change. Auction techniques, revealing one offerer's price to another, and disclosure of any information derived from competing proposals is prohibited. Any substantial oral clarification of a proposal or qualification shall be reduced to writing by the offerer.
Added by Laws, 2017, ch. 400, HB 1109, 10, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-421 - Best and final offers

The chief procurement officer shall establish a common date and time for the submission of best and final offers. Best and final offers shall be submitted only once; however, the chief procurement officer may make a written determination that it is in the state's best interest to conduct additional discussions or change the state's requirements and require another submission of best and final offers. Otherwise, no discussion of or changes in the best and final offers shall be allowed before the award. Offerers shall also be informed that if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer.
Added by Laws, 2017, ch. 400, HB 1109, 11, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 7 - PUBLIC PURCHASES (§§ 31-7-1 — 31-7-423) › BEST PRACTICES FOR SOLICITING REQUESTS FOR PROPOSALS OR REQUESTS FOR QUALIFICATIONS (§§ 31-7-401 — 31-7-423) › Section 31-7-423 - Awarding the contract

(1)
After proposals or qualifications have been evaluated, the evaluation committee shall prepare a report evaluating and recommending the award of a contract or contracts. The report shall list the names of all potential offerers who submitted a proposal or qualification and shall summarize the proposals or qualifications of each offerer. The report shall rank offerers in order of evaluation, shall recommend the selection of an offerer or offerers, as appropriate, for a contract, shall be clear in the reasons why the offerer or offerers have been selected among others considered, and shall detail the terms, conditions, scope of services, fees and other matters to be incorporated into the contract. The report shall be available to the public at least forty-eight (48) hours before the awarding of the contract.
(2)
The chief procurement officer shall publish a notice on the agency's website and the Mississippi procurement portal summarizing the award of the contract, which shall include but not be limited to, the nature, duration and amount of the contract, the name of the offerer and a statement that the contract is on file and available for public inspection in the office of the chief procurement officer.
Added by Laws, 2017, ch. 400, HB 1109, 12, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-1 - Legislative purpose; construction of chapter

The purpose of this chapter is to provide a method to enable counties and municipalities to acquire public buildings, facilities and equipment through the use of rental contracts. This chapter shall be construed in conformity with such intention and shall be an alternative to those methods which may be otherwise provided by law.
Laws, 1990, ch. 564, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-3 - Purposes for which counties and municipalities may lease facilities

The counties and municipalities of this state, acting by and through the governing authorities thereof, are hereby authorized and empowered to enter into lease agreements with any corporation, partnership, limited partnership, joint venture or individual under which the county or municipality may agree to lease a facility for use by the lessor for any of the following purposes for a primary term not to exceed twenty (20) years:
(a)
Public buildings;
(b)
Courthouses;
(c)
Office buildings;
(d)
Jails;
(e)
Auditoriums;
(f)
Community centers;
(g)
Civic art centers;
(h)
Public libraries;
(i)
Gymnasiums;
(j)
Fire stations; and
(k)
Machinery and equipment for use in connection with any of the above, but shall not include office furniture and/or office machines, provided that the primary term of a lease with respect to machinery and equipment shall not exceed the estimated useful economic life of such machinery and equipment, as such useful economic life is mutually agreed upon by the lessor and lessee.
Nothing in this section shall be construed to authorize the acquisition of public school buildings through the use of rental contracts.
Laws, 1990, ch. 564, § 2, eff. 7/1/1990.
Amended by Laws, 2022, ch. 338, HB 1097,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-5 - Option to purchase

All such leases shall contain an option granting to the county or municipality the right to purchase the leased property upon the expiration of the primary term, or upon such earlier date as may be agreed upon, at a price not to exceed the unpaid principal balance at such time.
Laws, 1990, ch. 564, § 3, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-7 - Lease of real property by municipality to private concern for construction or renovation of buildings or facilities; subleases to United States Postal Service or to any other state or federal agency

(1)
The counties and municipalities of the state are authorized to lease publicly owned real property to any corporation, partnership, limited partnership, joint venture or individual for the purpose of enabling such person to construct or renovate thereon any of the buildings or facilities described in Section
31-8-1
and to lease such buildings and facilities to the county or municipality. No such ground lease shall be for a primary term in excess of the primary term of the lease with respect to the buildings and facilities to be constructed thereon.
(2)
The counties and municipalities of the state are authorized to sublease buildings and facilities leased pursuant to subsection (1) of this section to the United States Postal Service or to any state or federal governmental agency. Any sublease entered into pursuant to this subsection may contain an option granting the sublessee the right to purchase the leased property upon the expiration of the primary term of the sublease, or upon such earlier date as may be agreed upon, at a price not to exceed the unpaid principal balance at such time.
Before entering into any lease agreement pursuant to this subsection, the board of supervisors or the governing authorities of the municipality shall follow and be subject to the same procedures regarding publishing notice, filing protest and holding an election specified for lease agreements under Section
31-8-11
, except that the notice shall not state that the rental is a continuing obligation and a charge against the general credit and leasing power of the county or municipality.
Laws, 1990, ch. 564, § 4; Laws, 1996, ch. 473, § 1, eff. 4/5/1996.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-9 - Term of lease; pledge of full faith and credit; limitation of obligation to money appropriated

Subject to the provisions of this chapter, any such lease agreement may extend over any period, notwithstanding any provision or rule of law to the contrary, and any such lease agreement shall be binding upon the county or municipality and any other party thereto in accordance with its terms. Any such lease agreement may include, at the discretion of the governing authorities entering into the same, a pledge of the full faith and credit of such county or municipality for the payment of its monetary obligations thereunder; or may contain a provision that so long as no default of any monetary obligation of the lessee has occurred, the lessee's obligation to pay any amounts due or perform any covenants requiring or resulting in the expenditure of money shall be contingent and expressly limited to the extent of any specific appropriation made by the governing authorities to fund such lease agreement, and that nothing contained in the lease agreement shall be construed as creating any monetary obligation on the part of the lessee beyond such current and specific appropriation. Obligations incurred by a county or municipality under the provisions of this chapter secured by a pledge of its full faith and credit shall be included within the limitation on bonded indebtedness established by law for counties and municipalities.
Laws, 1990, ch. 564, § 5, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-11 - Notice of intent to lease; protest; election; advertisement of lease agreement; award of lease

Before entering into any lease agreement pursuant to this chapter secured by a pledge of its full faith and credit, the governing authorities of any county or municipality shall publish notice of their intention to receive suitable proposals for the leasing of such buildings, facilities or equipment. Such notice shall specify the nature of the proposed building, facility or equipment, the general geographic area in which the same is to be located, the term of the proposed lease agreement, that the obligation to pay rentals during the primary term is to be a continuing obligation of and a charge against the general credit and leasing power of the county or municipality, and the date and hour on or before which such proposals may be received. Such notice shall be published by municipalities and counties in the same manner as required for publishing notice of intention to issue general obligation bonds of the county or municipality, as appropriate. If at least twenty percent (20%), or fifteen hundred (1500), of the qualified electors of a county, whichever is less, or at least ten percent (10%), or fifteen hundred (1500), of the qualified electors of a municipality, whichever is less, file a written protest with the appropriate governing authorities, then an election shall be called by the county in the same manner as provided for the issuance of county general obligation bonds in Sections
19-9-11
through
19-9-17
, Mississippi Code of 1972, or by a municipality in the same manner as provided for the issuance of municipal general obligation bonds in Sections
21-33-307
through
21-33-311
, Mississippi Code of 1972, to determine whether or not the proposed lease agreement may be executed by the county or municipality. The lease agreement shall be advertised for competitive sealed proposals once each week for two (2) consecutive weeks in a regular newspaper published or having a general circulation in the county or municipality of the governing authority. The date as published for the proposal opening shall be not less than five (5) working days after the last published notice. The lease shall be awarded to the person submitting the lowest and best proposal; however, all proposals may be rejected.
Laws, 1990, ch. 564, § 6, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 8 - ACQUISITION OF PUBLIC BUILDINGS, FACILITIES, AND EQUIPMENT THROUGH RENTAL CONTRACTS (§§ 31-8-1 — 31-8-13) › Section 31-8-13 - Full and complete authority for leases

This chapter, without reference to any other statute, shall be deemed to be full and complete authority for the authorization, execution and delivery of lease agreements authorized hereunder, and shall be construed as an additional and alternative method therefor, and none of the present restrictions, requirements, conditions and limitations of law applicable to the acquisition, construction and drawing of buildings or facilities in this state shall apply to lease agreements under this chapter, and no proceedings shall be required for the authorization, execution and delivery of such leases other than those required herein, and all powers necessary to be exercised in order to carry out the provisions of this chapter are hereby conferred.
Laws, 1990, ch. 564, § 7, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-1 - Definitions

(1)
For purposes of this chapter, the term "office of general services" shall mean the Governor's office of general services acting through the bureau of surplus property.
(2)
Wherever the term "surplus property procurement commission" appears in the laws of the State of Mississippi, it shall be construed to mean the Governor's office of general services.
Codes, 1942, § 9028-01; Laws, 1946, ch. 214, § 1; Laws, 1948, ch. 359, § 1; Laws, 1952, ch. 336, §§ 1-3; Laws, 1964, ch. 492; Laws, 1980, ch. 491, § 23; Laws, 1984, ch. 488, § 25, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-3 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 38, eff. 7/1/1984.
Codes, 1942, § 9028-02; Laws, 1946, ch. 214, § 2.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-5 - Powers and duties

(1)
The Office of General Services with the approval of the Public Procurement Review Board shall negotiate and contract with any appropriate agency or commission of the United States government or of the State of Mississippi for the purpose of purchasing or otherwise securing surplus material or property in bulk lots or quantities, and for the purpose of assisting all agencies, departments, institutions and instrumentalities of the State of Mississippi, the boards of supervisors of the various counties, and the governing authorities of the various municipalities, drainage districts and other taxing units in purchasing, leasing or otherwise securing surplus material or property. After ascertaining the needs of the various state departments and institutions, counties, municipalities, drainage districts and other taxing units, the Office of General Services may enter into contracts with the governing authorities of such governmental entities as will enable them to carry out the provisions of this section.
(2)
The Office of General Services also may acquire state or federal government surplus property for nonprofit and tax exempt health and educational institutions, Boy Scouts, Girl Scouts, Camp Fire Girls, military academies, volunteer fire departments, nonprofit cooperative water associations, Boys Clubs of America and Girls Clubs of America; however, deliveries to these institutions shall be made only after they have established their eligibility by meeting the requirements of the federal government, have requested the Office of General Services to act for them in acquiring government surplus property, and have agreed to comply with both the state and federal laws pertaining to acquisition and utilization of the property.
(3)
[Repealed]
(4)
The Office of General Services may do all other things which may be necessary to effectuate the purposes of this section.
Codes, 1942, §§ 9028-03, 9028-05, 9028-08; Laws, 1946, ch. 214, §§ 3, 5; Laws, 1952, ch. 337, §§ 1-5; Laws, 1956, ch. 366, §§ 1-5; Laws, 1958, ch. 470, § 1; Laws, 1960, ch. 377, § 2; Laws, 1960, ch. 398, § 2; Laws, 1962, ch. 484, § 10; Laws, 1971, ch. 450, § 1; Laws, 1984, ch. 488, § 26; Laws, 1992, ch. 572 § 1; Laws, 1994, ch. 392, § 1; Laws, 2004, ch. 577, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-7 - Repealed

[Codes, 1942, § 9028-04; Laws, 1946, ch. 214, § 4; Laws, 1948, ch. 374, § 1; Laws, 1958, ch. 470, § 2; Laws, 1960, ch. 398, § 1; Laws, 1966, ch. 445, § 34; Laws, 1970, ch. 474, § 1]
Repealed by Laws, 1984, ch. 488, § 38, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-9 - Laws regulating public purchases waived

All laws or parts of laws requiring the various state institutions, departments, and agencies, the boards of supervisors of the various counties, and the governing authorities of the various municipalities, drainage districts, and other taxing units to advertise or request and receive bids for the purchase of furniture, equipment, supplies, and other commodities are hereby waived for the purposes of this chapter and shall not be applicable to purchases made hereunder.
Codes, 1942, § 9028-06; Laws, 1946, ch. 214, § 6.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-11 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 38, eff. 7/1/1984.
Codes, 1942, § 9028-07; Laws, 1946, ch. 14, § 7.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-13 - Revolving fund

In lieu of regular appropriations, the Department of Finance and Administration may assess against each institution, agency or individual acquiring surplus property from and through the Department of Finance and Administration a fee or commission on each item in sufficient amount to establish and maintain a revolving fund, to be used to operate and support the Department of Finance and Administration, Office of Surplus Property's Federal Donation program. The Department of Finance and Administration shall follow the procedure outlined by the United States General Services Administration in establishing the fund, and the fund shall never exceed more than One Million Dollars ($1,000,000.00) above and beyond four (4) months of operating expenses of the Department of Finance and Administration.
With this revolving fund so acquired, the Department of Finance and Administration shall meet all items of expense incurred in acquiring, transporting, warehousing and distributing property to eligible applicants and also all items of expense incident to the operation of the offices of the Department of Finance and Administration, including salaries, office supplies and necessary general expenses, and all other items as are covered by legislative appropriation for those purposes.
The Department of Finance and Administration may escalate, budget and expend funds from the revolving fund in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in any one fiscal year to carry out the provisions of this section.
Codes, 1942, § 9028-08; Laws, 1952, ch. 337, §§ 1-5; Laws, 1956, ch. 366, §§ 1-5; Laws, 1958, ch. 470, § 1; Laws, 1960, ch. 377, § 2; Laws, 1960, ch. 398, § 2; Laws, 1962, ch. 484, § 10; Laws, 1971, ch. 450, § 1; Laws, 1984, ch. 488, § 27; Laws, 2005, ch. 475, § 1; Laws, 2006, ch. 576, § 1; Laws, 2007, ch. 306, § 1, eff. 7/1/2007.
Amended by Laws, 2021, ch. 328, SB 2651,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 9 - SURPLUS PROPERTY PROCUREMENT COMMISSION (§§ 31-9-1 — 31-9-15) › Section 31-9-15 - Inventories

The Office of General Services shall furnish to the State Auditor of Public Accounts copies of transfers of property to state boards, commissions and agencies on all property transferred to such agencies, federal reviews, in addition to an inventory on all furniture, equipment, machinery and vehicles used by the Office of General Services in carrying out the purposes of this chapter. The Office of General Services shall likewise keep a perpetual current inventory on all property in books and records.
Codes, 1942, § 9028-08; Laws, 1952, ch. 337, §§ 1-5; Laws, 1956, ch. 366, §§ 1-5; Laws, 1958, ch. 470, § 1; Laws, 1960, ch. 377, § 2; Laws, 1960, ch. 398, § 2; Laws, 1962, ch. 484, § 10; Laws, 1971, ch. 450, § 1; Laws, 1984, ch. 488, § 28; Laws, 1995, ch. 562, § 1; Laws, 2009, ch. 546, § 11, eff. 4/15/2009.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-1 - Bureau of building, grounds, and real property management; definitions

(1)
For purposes of this chapter, the term "state building commission" shall mean the Governor's office of general services acting through the bureau of building, grounds and real property management.
(2)
Wherever the term "state building commission" or "building commission" appears in the laws of the State of Mississippi, it shall be construed to mean the Governor's office of general services.
Codes, 1942, § 9023-01; Laws, 1944, ch. 328, § 1; Laws, 1984, ch. 488, § 29, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-4 - Facilities Management Advisory Committee

(1)
There is hereby created the Facilities Management Advisory Committee, hereinafter referred to as the "committee," for the purpose of advising the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, with its duties of preplanning, construction, repair and renovation for buildings of all state agencies, institutions and departments.
(2)
The committee shall be composed of the following eight (8) members:
(a)
The Chairman and Vice-Chairman of the Senate Public Property Committee;
(b)
The Chairman and Vice-Chairman of the House Public Building, Grounds and Lands Committee;
(c)
Two (2) Senators appointed by the Lieutenant Governor; and
(d)
Two (2) Representatives appointed by the Speaker of the House of Representatives.
(3)
The committee shall advise the Bureau of Building, Grounds and Real Property Management with its duties of preplanning, construction, repair and renovation for buildings of all state agencies, institutions and departments, including but not limited to the following:
(a)
Traveling with the Bureau of Building, Grounds and Real Property Management to inspect and consider requests for improvement and repair of buildings of state agencies, institutions and departments;
(b)
Acquiring a working knowledge of state building matters in order to become leaders in facility related legislation; and
(c)
Advising and making recommendations to the Legislature on matters relating to preplanning, construction, repair and renovation for all state buildings.
(4)
The members of the committee shall have no jurisdiction or vote on any matter within the jurisdiction of the Bureau of Building, Grounds and Real Property Management.
(5)
No committee member may receive per diem, travel or other expenses unless authorized by the Management Committees of the Senate and the House of Representatives. Members of the committee shall be paid from the contingent expense funds of the Senate and the House of Representatives in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee will be paid while the Legislature is in session.
Laws, 1996, ch. 533, § 1, eff. 4/12/1996.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-5 - [Repealed]

Repealed by Laws, 1983, ch. 469, § 10, eff. 7/1/1983; and by Laws, 1984, ch. 488, § 38, eff. 7/1/1984.
Codes, 1942, § 9023-03; Laws, 1944, ch. 328, § 5.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-7 - Reports

The office of general services shall submit a full report of its work and all transactions carried on by it and a complete statement of all expenditures made by it, to each regular session of the legislature or to a special session before that time if its work has been completed.
Codes, 1942, § 9023-04; Laws, 1944, ch. 328, § 6; Laws, 1984, ch. 488, § 31, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-9 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 38, eff. 7/1/1984.
Codes, 1942, § 9023-05; Laws, 1944, ch. 328, § 7; 1950, ch. 467; 1980, ch. 560, § 11.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-11 - through 31-11-23 - [Repealed]

Repealed by Laws, 1984, ch. 488, § 32, eff. 7/1/1984.
§§ 31-11-11 through 31-11-19. [Codes, 1942, § 9023-11; Laws, 1946, ch. 446, §§ 1-9] §§ 31-11-21 through 31-11-23. [Codes, 1942, § 9023-51; Laws, 1960, ch. 383, §§ 1-4]
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-25 - Right of eminent domain

The office of general services with the approval of the public procurement review board shall have the power and authority to acquire in its own name, or in the name of such other agency or instrumentality in the State of Mississippi as it may deem proper, by purchase, contribution or otherwise, all land and real property which shall be necessary and desirable in connection with the development or expansion of any state institution or public agency of this state upon any real property adjacent to or contiguous to such institution or agency or in connection with any project under the supervision of said office of general services for the construction, repair, remodeling, renovating, or making additions to any building structure or other facility which the office of general services is required or authorized by law to construct, repair, remodel, or make an addition to. If the office of general services shall be unable to agree with the owner or owners of any such land or real property which is necessary or desirable for the public use in connection with any such project, the office of general services shall have the power and authority to acquire any such land or real property by condemnation proceedings in the manner otherwise provided by law and, for such purpose, the right of eminent domain is hereby conferred upon and vested in said office of general services.
Codes, 1942, § 9023-52; Laws, 1960, ch. 382.5; Laws, 1962, ch. 604; Laws, 1984, ch. 488, § 33, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 31 - PUBLIC BUSINESS, BONDS AND OBLIGATIONS (§§ 31-1-1 — 31-31-41) › Chapter 11 - STATE CONSTRUCTION PROJECTS (§§ 31-11-1 — 31-11-111) › IN GENERAL (§§ 31-11-1 — 31-11-35) › Section 31-11-29 - Capital expense and development budget

The legislative budget office shall prepare and submit to each regular session of the legislature a "capital expense and development" budget based on information furnished as herein provided by the office of general services, plus such other information as may be obtained. The said budget shall contain an estimate of the immediate and the long term capital needs of each state department, agency, institution, and each junior college. Such budget shall include a description of the buildings and other facilities which are recommended as needed at each institution, along with an estimate of the cost. The budget shall also include a suggested method of financing the immediate needs. "Immediate needs" shall be construed to mean: buildings, major improvements, and other facilities required for the proper functioning of the institution for the next year. "Long range" needs shall be construed to mean: buildings, major improvements, and other facilities of a similar nature which may be required at some indefinite date in the future.
Codes, 1942, § 9023-55; Laws, 1962, ch. 608, § 4; Laws, 1984, ch. 488, § 35, eff. 7/1/1984.