reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-115 - EXECUTED CONTRACTS

Current through June 25, 2024
After the approval of a contract by the PSCRB, the contract
				  may be executed by the agency and the vendor and a copy of the executed
				  contract must be electronically submitted to the PSCRB as soon as practicable.
				  The executed contract must be identical to the proposed contract approved by
				  the PSCRB. If a change is to be made to the contract after approval by the
				  PSCRB but before execution, the change must be brought before the PSCRB for
				  approval.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-116 - SPAHRS PROCEDURES FOR PSCRB CONTRACTS

Current through June 25, 2024
7-116.01
Entering Contract Information in SPAHRS
An agency should enter complete contract information into
				  the SPAHRS system and transmit it electronically to the PSCRB for review. The
				  Request for Contract Personnel Services Approval form must be completed in
				  full, following all applicable requirements by the Internal Revenue Code to
				  determine contract type, all DFA requirements for vendor codes, social security
				  numbers and commodity codes, and all PSCRB requirements detailed in the
Mississippi Personal Service Contract Rules and Regulations
.
				  Only one contract service type may be entered for each request. Agencies must
				  submit necessary vendor codes with vendor number/social security number in
				  SPAHRS.
7-116.02
Requests to Modify
Requests to modify the terms of previously PSCRB-approved
				  contracts are to be resubmitted to the appropriate regulatory board (if
				  applicable) and approved by that board prior to submission to the PSCRB. Along
				  with the amendment modifying the original contract terms, the approved SPAHRS
				  entry must also be modified.
7-116.03
Terminations
Agencies must notify the PSCRB upon termination of
				  previously approved contracts for personal services or the completion of the
				  performance of services prior to the original terms of the contract (expiration
				  date). The approved spending authority should be modified to reflect the total
				  dollar amount expended. This modification must be transmitted to the PSRCB for
				  approval. After approval of the modified amount, a termination date should be
				  entered into SPAHRS. The original approved end date remains the end date
				  approved by the PSCRB. A termination date is entered in the "Termination Date"
				  field in SPAHRS.
7-116.04
Options to Renew
Options to renew which are not exercised by the agency will
				  be treated as a termination by the PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-100-1-104 - APPLICATION OF THE REGULATIONS

Current through June 25, 2024
These regulations shall apply to every expenditure of public
				  funds irrespective of source; however, in the event of a conflict, the
				  guidelines of a grant, a gift, or self-generated funds shall prevail. Violation
				  of these regulations shall carry such penalties as may be applicable under
				  state law.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-100-1-105 - SEVERABILITY

Current through June 25, 2024
If any provision of these regulations or any application
				  thereof to any person or circumstance is held invalid, such invalidity shall
				  not affect any other provision or application of these regulations which can be
				  given effect without the invalid provision or application, and to this end the
				  provisions of these regulations are declared to be severable.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-100-1-106 - DURATION

Current through June 25, 2024
These regulations, when approved by the PSCRB as authorized
				  by Mississippi Code Annotated §
									25-9-120,
				  shall be in effect as written until amended or repealed by the
				  PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-100-1-301 - PUBLIC ACCESS TO PROCUREMENT INFORMATION

Current through June 25, 2024
Procurement information and any release of such information
				  is subject to the Mississippi Public Records Act, Mississippi Code Annotated
				  §§
									25-61-1
et seq.
, and Mississippi Code Annotated §
									79-23-1.
Contracts for personal or professional services that are
				  awarded or executed by any state agency, including the Department of
				  Information Technology Services and the Department of Transportation, are not
				  exempt from the Mississippi Public Records Act. See Mississippi Code Annotated
				  §
									25-1-100(5).
For all personal and professional services contracts awarded
				  by state agencies, the provisions of the contract which contain the personal or
				  professional services to be provided, the price to be paid, and the term of the
				  contract cannot be deemed a trade secret or confidential commercial or
				  financial information, and shall be available for examination, copying, or
				  reproduction in accordance with the Mississippi Public Records Act. See
				  Mississippi Code Annotated §
									25-61-9(7).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 2 - ORGANIZATION › Section 27-100-2-101 - CREATION AND MEMBERSHIP OF THE MISSISSIPPI PERSONAL SERVICE CONTRACT REVIEW BOARD

Current through June 25, 2024
During the 1997 Regular Session, the Mississippi Legislature
				  enacted legislation creating the Personal Service Contract Review Board.
				  Mississippi Code Annotated §
									25-9-120
				  provides that the PSCRB is to be composed of the Mississippi State Personnel
				  Board Executive Director; two individuals appointed by the Governor with the
				  advice and consent of the Senate; two individuals appointed by the Lieutenant
				  Governor with the advice and consent of the Senate; and the Executive Director
				  of the Department of Finance and Administration, serving as an ex officio
				  member. The MSPB Executive Director shall be chairman and shall preside over
				  the meetings of the PSCRB.
2-101.01
Terms of the Appointees
One member appointed by the Governor will serve a term
				  ending June 30, 2017, and the other member appointed by the Governor will serve
				  a term ending June 30, 2020. One member appointed by the Lieutenant Governor
				  will serve a term ending June 30, 2018, and the other member appointed by the
				  Lieutenant Governor will serve a term ending June 30, 2019. After the
				  expiration of the initial terms, those appointed members' terms shall be a
				  period of four years from the expiration date of the previous term and until
				  such time as the member's successor is duly appointed and qualified.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 2 - ORGANIZATION › Section 27-100-2-102 - POLICY AND PROCEDURE FOR MEETINGS

Current through June 25, 2024
The Board shall annually elect a vice-chairman, who shall
				  serve in the absence of the chairman. No business shall be transacted,
				  including adoption of rules or procedure, without the presence of a quorum of
				  the Board. Three members shall be a quorum. No action shall be valid unless
				  approved by the chairman and two other of those members present and voting,
				  entered upon the minutes of the Board and signed by the chairman. Necessary
				  clerical and administrative support for the Board shall be provided by MSPB.
				  Minutes shall be kept of the proceedings of each meeting, copies of which shall
				  be filed on a monthly basis with the Chairmen of the Accountability,
				  Efficiency, and Transparency Committees of the Senate and House of
				  Representatives.
The PSCRB will hold one regularly scheduled meeting the
				  Tuesday before the third Thursday every month at the MSPB Offices in Jackson,
				  Mississippi unless a special meeting is called by the PSCRB Chairman. Notice of
				  meetings may be found posted on the MSPB website (
http://www.mspb.ms.gov
) and the
				  Mississippi Public Meeting Notices website (
https://www.ms.gov/dfa/pmn
).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 2 - ORGANIZATION › Section 27-100-2-104 - CONTINOUS INTERNAL AUDIT REQUIRED

Current through June 25, 2024
In conformity with Mississippi Code Annotated §§
									7-7-3(6)(d)
				  and
				  25-9-120(3),
				  each state agency shall, through its governing board or agency head, maintain a
				  continuous internal audit covering the activities of such agency affecting its
				  revenues and expenditures for personal and professional services contracts.
				  Each agency shall further maintain an internal system of pre-auditing claims,
				  demands, and accounts against the agency to adequately ensure that only valid
				  claims, demands, and accounts will be paid.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-102 - GENERAL PROVISIONS

Current through June 25, 2024
3-102.01
Extension of Time for Acceptance of Bids, Proposals, or Statements of
				Qualifications
After opening bids, proposals, or statements of
				  qualifications, the Procurement Officer may request bidders, offerors, or
				  respondents to extend the time during which the State may accept their bids,
				  proposals, or statements of qualifications, provided that, with regard to bids,
				  no other change is permitted. The reasons for requesting such extension shall
				  be documented.
3-102.02
Only One Bid, Proposal, or Statement of Qualifications Received; No Bid,
				Proposal, or Statement of Qualifications Received
3-102.02.1
One Bid Received
If only one responsive bid is received in reply to an
				  Invitation for Bid (including multi-step bidding), an award may be made to the
				  single bidder if the Procurement Officer finds that the price submitted is fair
				  and reasonable, and that either the other prospective bidders had reasonable
				  opportunity to respond, or there is not adequate time for re-solicitation.
				  Otherwise, the bid may be rejected pursuant to the provisions of Section
				  3-301.04 (Cancellation of Solicitation; Rejection of all Bids or Proposals)
				  and:
(a) the bid may be re-advertised
				and new bids or offers may be solicited;
(b) the proposed procurement may be canceled;
(c) if the Procurement Officer
				determines in writing that the need for the supply or service continues, but
				that the price of the one bid is not fair and reasonable and there is not time
				for resolicitation or resolicitation would likely be futile, the procurement
				may then be conducted under Section 3-206 (Sole-Source Procurement) if allowed
				under Section 3-201 (Method of Source Selection), or Section 3-207 (Emergency
				Procurement) if the requirements of Section 3-207 are met.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-103 - NOVATION/BUYOUT OR CHANGE OF NAME

Current through June 25, 2024
3-103.01
No
				Assignment
No contract requiring PSCRB approval is transferable or
				  otherwise assignable without the prior approval of the PSCRB; however, a
				  contractor may assign monies receivable under a contract after due notice to
				  the State and the contracting entity, and with the approval of the PSCRB.
3-103.02
Recognition
				of a Successor in Interest Novation
When, in the best interest of the State, a successor in
				  interest may be recognized in a novation agreement, the transferor and the
				  transferee must agree that:
(a) the
				transferee assumes all of the transferor's obligations;
(b) the transferor waives all rights under
				the contract as against the State; and,
(c) unless the transferor guarantees
				performance of the contract by the transferee, the transferee shall, if
				required, furnish a satisfactory performance bond.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-104 - NOVATION/BUYOUT OR CHANGE OF NAME

Current through June 25, 2024
3-104.01
No
				Assignment
No contract requiring PSCRB approval is transferable or
				  otherwise assignable without the prior approval of the PSCRB; however, a
				  contractor may assign monies receivable under a contract after due notice to
				  the State and the contracting entity, and with the approval of the
				  PSCRB.
3-104.02
Recognition of a Successor in Interest - Novation
When, in the best interest of the State, a successor in
				  interest may be recognized in a novation agreement, the transferor and the
				  transferee must agree that:
(a) the
				transferee assumes all of the transferor's obligations;
(b) the transferor waives all rights under
				the contract as against the State; and,
(c) unless the transferor guarantees
				performance of the contract by the transferee, the transferee shall, if
				required, furnish a satisfactory performance bond.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-201 - METHOD OF SOURCE SELECTION

Current through June 25, 2024
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.
3-201.01
Petition 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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-203 - COMPETITIVE SEALED PROPOSALS

Current through June 25, 2024
3-203.01
General Provisions
(a)
Conditions for Use:
When, under regulations approved by the PSCRB,
				the Agency Head determines that the use of competitive sealed bidding is either
				not practicable or not advantageous to the State, a contract may be entered
				into by competitive sealed proposals as provided herein.
(b)
Request for Proposal:
Proposals shall be solicited through a Request for Proposal.
(c)
Public Notice:
Adequate
				public notice of the Request for Proposal shall be given in the same manner as
				provided in Sections 3-202.01(c) and 3-202.06 (Competitive Sealed Bidding,
				Public Notice).
(d)
Receipt
				of Proposals:
The agency shall prepare and keep a Register of Proposals
				which shall indicate the name of all offerors submitting proposals.
(e)
Evaluation Factors:
The
				Request for Proposals shall state the relative importance of price and other
				evaluation factors in terms of important, very important, and critical.
(f)
Discussions with
				Responsible Offerors and Revisions to Proposal:
If provided in the
				Request for Proposals and as set forth in these regulations, discussions may be
				conducted with responsible offerors who submit proposals determined to be
				reasonably susceptible to being selected for award. The discussions shall be
				for the purpose of clarification to assure full understanding of, and
				responsiveness to, the solicitation requirements. In conducting discussions,
				agencies should be cautious to not disclose information derived from competing
				offers. Offerors should be accorded fair and equal treatment with respect to
				any opportunity for discussion. Revision of proposals may be permitted after
				submissions and prior to award for the purpose of obtaining best and final
				offers.
(g)
Award:
Award shall be made to the responsible offeror whose proposal is determined in
				writing to be the most advantageous to the State taking into consideration
				price and the evaluation factors set forth in the Request for Proposals. No
				other factors or criteria shall be used in the evaluation.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-204 - COMPETITIVE SEALED QUALIFICATIONS

Current through June 25, 2024
3-204.01
Conditions for Use
The competitive sealed qualifications procurement method is
				  used when the qualifications or specialized expertise of the respondent is
				  critical to meet the needs of the agency and is the most important factor in
				  selection. Single or multiple awards may be made depending upon the number of
				  respondents needed by the agency to provide the service. Competitive sealed
				  qualifications are sought through a Request for Qualifications (hereinafter
				  referred to as "RFQ"). Respondents to the RFQ must submit a Statement of
				  Qualifications (hereinafter referred to as "SOQ"). A contract may be entered
				  into by competitive sealed qualifications as provided herein.
3-204.02
Content of the Request for
				Qualifications
The RFQ shall include, but is not limited to, the following
				  information:
(a) A description of the
				services to be provided;
(b) The
				minimum qualifications required, such as education, license(s),
				certification(s), experience, special skills needed to perform the services,
				the capacity and capability to perform the services within a relevant deadline,
				and the past record of performance with respect to such factors as control of
				costs, quality of work, and ability to meet schedules and deadlines;
(c) The manner in which SOQ's will be
				evaluated, including the relative weight to be given to each qualification
				criterion, if not equal in weight;
(d) An estimate of when and for how long the
				services will be required;
(e) The
				type of contract to be used;
(f)
				The deadline and manner the SOQ's are to be submitted;
(g) The required form and content of the SOQ;
(h) The method through which a
				price will be determined;
(i) The
				deadline for submission of questions and posting of answers, if applicable;
(j) Information regarding the
				pre-conference, if applicable;
(k)
				Information regarding discussions with acceptable respondents, if applicable;
				and,
(l) A statement of minimum
				information that the SOQ should contain, including:
(1) The name of the respondent, the location
				of the respondent's principal place of business and, if different, the place of
				performance of the proposed contract;
(2) The age of the respondent's business and
				average number of employees over a previous period of time, as specified in the
				RFQ, except when respondent is a contract worker as defined in accordance with
				Section 3-101.04;
(3) The
				qualifications, including licenses, certifications, education, skills, and
				experience of all persons who would be assigned to provide the required
				services; and,
(4) A listing of
				other contracts under which services similar in scope, size, or discipline to
				the required services were performed or undertaken within a previous period of
				time, as specified in the RFQ.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-205 - SMALL PURCHASES

Current through June 25, 2024
Any procurement for personal or professional services not
				  exceeding $75,000, except for sole-source purchases, is considered a small
				  purchase and may be made in accordance with small purchase procedures provided
				  herein. Procurement requirements shall neither be artificially divided nor
				  shall the extent of the service required be underestimated so as to constitute
				  a small purchase under this section. This section applies to procurements for
				  personal or professional services of $75,000 or less.
3-205.01
Authority to Make Small
				Purchases
3-205.01.1
Amount
The Purchasing Agency may use this Regulation if the
				  procurement for services is to be $75,000 or less, with the exception of
				  contract workers as defined in Section 3-101.04. If these methods are not used,
				  the other methods of source selection provided in Section 3-201 (Methods of
				  Source Selection) shall apply.
3-205.01.2
Available from One Source
				Only
If the service is available from only one source, the
				  sole-source procurement method set forth in Section 3-205 (Sole-Source
				  Procurement) of these regulations shall be used.
3-205.01.3
Division of
				Requirements
Procurement specifications shall not be artificially divided
				  to avoid using the other source selection methods set forth in Section 3-201
				  (Methods of Source Selection). Generally, there should only be one contract
				  within an agency per vendor for a particular service type.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-206 - SOLE-SOURCE PROCUREMENT

Current through June 25, 2024
Sole-source procurements are limited to procurements in
				  which the Agency Head determines in writing that only one source is available
				  that can provide the required personal or professional service and the agency
				  complies with all requirements of this section including, but not limited to,
				  publication under Section 3-206.04.
3-206.01
Application
The provisions herein apply to all sole-source procurements,
				  regardless of the value of the procurement.
3-206.02
Conditions for Use of
				Sole-Source Procurement
Sole-source procurement is not permissible unless a service
				  is available from only a single vendor. The determination as to whether a
				  procurement shall be made as a sole-source shall be made and approved by the
				  Agency Head. Such determination and the basis therefor shall be in writing,
				  signed by the Agency Head, and maintained in the procurement file. The Agency
				  Head may specify the application of such determination and the duration of its
				  effectiveness.
If a binding, valid court order has been issued mandating
				  that a particular source or provider must be used for the required service:
(a) A copy of the applicable court
				order must be attached to the Agency Head written determination and included in
				all future sole-source contract submissions for the particular personal or
				professional service referenced in the court order; and
(b) The agency is exempt from the
				requirements of Sections 3-206.04, 3-206.05, and 3-206.06 (MS AG Op. Wright,
				October 23, 2015).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-207 - EMERGENCY PROCUREMENT

Current through June 25, 2024
The PSCRB does not approve emergency contracts. If the
				  Agency Head of any agency determines that an emergency exists in regard to the
				  procurement of personal or professional services so that the delay incident to
				  undertaking a competitive procurement would threaten the health or safety of
				  any person, or the preservation or protection of property, then the Agency Head
				  or his designee may make an emergency procurement. Emergency procurements shall
				  be made with such competition as is practicable under the circumstances.
3-207.01
Determination to Make
				Emergency Procurement
The Agency Head shall make a written determination of the
				  conditions and circumstances of the emergency, including a detailed description
				  of the events leading up to the situation, the negative impact to the agency if
				  the procurement of services is required to be competitively bid, and the basis
				  for the selection of the particular contractor. The written determination shall
				  be signed by the Agency Head and maintained in the procurement file. The term
				  of an emergency contract shall not exceed one year.
3-207.02
Scope of Emergency
				Procurement
Emergency procurement shall be limited to those personal or
				  professional services necessary to meet the emergency. The term of an emergency
				  contract shall be limited to the time necessary to meet the emergency, but in
				  no circumstances shall the term exceed one year. If the agency will continue to
				  need the personal or professional services beyond the term of the emergency
				  contract, the agency must take the necessary steps to competitively procure the
				  services before the emergency contract expires.
3-207.03
Emergency Contracts Greater
				than $75,000
The PSCRB does not approve Emergency Contracts. However, any
				  contract resulting from an emergency procurement shall be forwarded to the
				  PSCRB within 10 days of execution for SPAHRS or MAGIC processing, if the
				  contract amount is greater than $75,000.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-208 - PREAPPROVED VENDOR LISTS

Current through June 25, 2024
Mississippi Code Annotated §
									25-9-120
				  authorizes the PSCRB to, "establish a preapproved list of providers of various
				  personal and professional services for set prices with which state agencies may
				  contract without bidding or prior approval from the [B]oard." The PSCRB at its
				  discretion may exercise its authority and establish preapproved vendor lists
				  for use by entities under PSCRB purview. The preapproved vendor lists shall be
				  posted on the PSCRB tab of the MSPB webpage at:
http://www.mspb.ms.gov
. Use of the
				  preapproved vendor lists is optional.
3-208.01
Procedure
The agency should locate the preapproved vendor list for the
				  selected service in the region where the service is to be provided. The agency
				  is encouraged, but not required, to contact the lowest bidder first. Once a
				  vendor is selected, the agency and the vendor should finalize the negotiable
				  terms and prepare a contract. The agency may use a form contract for the
				  selected service drafted by the PSCRB and posted on the website. Use of the
				  PSCRB form contract is strictly optional. The agency may use a contract it
				  prepares as long as the contract adheres to the required terms and conditions
				  as stated in the PSCRB form contract. Any additional terms or change in
				  non-negotiable terms, such as the scope of services, may not be used.
3-208.02
Approval of
				Contracts Procured Using a Preapproved Vendors List
PSCRB staff has the authority to approve agency contracts
				  with vendors from any PSCRB established List of Preapproved Providers of
				  Services. This authority is limited to contracts with scopes of service
				  consistent with the IFB used to establish the list.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-301 - CANCELLATION OF SOLICITATIONS

Current through June 25, 2024
A Solicitation may be canceled, or any or all responses to
				  the solicitation may be rejected in whole or in part as may be specified in the
				  solicitation, when it is in the best interest of the State. The reasons shall
				  be made part of the contract file.
3-301.01
Scope of this
				Regulation
The provisions herein shall govern the cancellation of any
				  solicitations whether issued by the State under competitive sealed bidding,
				  competitive sealed proposals, competitive sealed qualifications, or any other
				  source selection method, and the rejection of bids, proposals, or statements of
				  qualifications in whole or in part.
3-301.02
Policy
Solicitations should only be issued when there is a valid
				  procurement need unless the solicitation states that it is for informational
				  purposes only. Preparing and distributing a solicitation requires the
				  expenditure of time and funds. Businesses and other entities likewise incur
				  expense in examining and responding to solicitations. Accordingly, although
				  issuance of a solicitation does not compel award of a contract, a solicitation
				  is to be canceled only when there are compelling reasons to believe that the
				  cancellation of the solicitation is in the State's best interest.
3-301.03
Cancellation of
				Solicitation - Notice
Each solicitation issued by the State shall declare that the
				  solicitation may be canceled as provided herein.
3-301.04
Cancellation of Solicitation;
				Rejection of All Bids, Proposals, or Statements of Qualifications
3-301.04.1
Prior to Opening
(a) As used in this section, "opening" means
				the date set for opening of bids, receipt of unpriced technical offers in
				multi-step sealed bidding, receipt of proposals in competitive sealed
				proposals, or receipt of SOQs in competitive sealed qualifications.
(b) Prior to opening, a solicitation may be
				canceled in whole or in part when the Agency Head determines in writing that
				such action is in the State's best interest for reasons including, but not
				limited to:
(1) the agency no longer requires
				the services;
(2) the agency no
				longer can reasonably expect to fund the procurement; or,
(3) proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable.
(c) When a solicitation is
				canceled prior to opening, notice of cancellation shall be sent to all
				businesses solicited.
(d) The
				notice of cancellation shall:
(1) identify
				the solicitation;
(2) briefly
				explain the reason for cancellation; and,
(3) where appropriate, explain that an
				opportunity will be given to compete on any resolicitation or any future
				procurement of similar services.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-401 - RESPONSIBILITY OF BIDDERS, OFFERORS, AND RESPONDENTS

Current through June 25, 2024
3-401.01
General Provisions
(a)
Determination of
				Non-responsibility:
A written determination of non-responsibility of a
				bidder, offeror, or respondent shall be made and maintained in the agency's
				procurement file. The unreasonable failure of a bidder, offeror, or respondent
				to promptly supply information in connection with an inquiry with respect to
				responsibility may be grounds for a determination of non-responsibility with
				respect to such bidder, offeror, or respondent.
(b)
Right of Nondisclosure:
Disclosure of information furnished by a bidder, offeror, or respondent
				pursuant to this section outside of the office of the purchasing agency is
				subject to the provisions of Mississippi Code Annotated §§
										25-61-1
et seq.
, and 79-23-1.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-402 - PREQUALIFICATION OF PROSPECTIVE CONTRACTORS

Current through June 25, 2024
Prospective contractors may be prequalified for particular
				  types of services. Solicitation mailing lists of potential contractors shall
				  include but shall not be limited to such prequalified contractors.
3-402.01
Prequalification
3-402.01.1
General Provision
Prospective contractors may be prequalified for bidder
				  lists, but distribution of the solicitation shall not be limited to
				  prequalified contractors, nor may a prospective contractor be denied award of a
				  contract simply because such contractor was not prequalified. The fact that a
				  prospective contractor has been prequalified does not necessarily represent a
				  finding of responsibility.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-403 - COST OR PRICING DATA

Current through June 25, 2024
3-403.01
General Provision
(a)
Contractor Certification:
A contractor shall when requested by the
				buying entity, except as provided in Subsection 3 of this section, submit cost
				or pricing data and shall certify that, to the best of its knowledge and
				belief, the cost or pricing data submitted is accurate, complete, and current
				as of a mutually determined specified date.
(b)
Price Adjustment:
Any
				contract, change order, or contract modification under which a contractor
				certificate is required shall contain a provision that the price to the State,
				including profit or fee, shall be adjusted to exclude any significant sums by
				which the State finds that such price was increased because the
				contractor-furnished cost or pricing data was inaccurate, incomplete, or not
				current as of the date agreed upon between the parties.
(c)
Cost or Pricing Data Not
				Required:
The requirements of this section need not be applied to
				contracts:
(1) where the contract price is
				based on adequate price competition;
(2) where the contract price is based on
				established market prices;
(3)
				where contract prices are set by law or regulations; or,
(4) where it is determined by the Agency Head
				in writing that the requirements of this section may be waived and the reasons
				for such waiver are stated in writing.
(d) When it is determined that an bidder or
				offeror should provide cost or pricing data to justify a bid or proposal, this
				regulation may be used as a guideline for such negotiation.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-503 - MULTIPLE SOURCE CONTRACTING

Current through June 25, 2024
3-503.01
Incremental Award
3-503.01.1
General
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.
3-503.01.2
Intent 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.
3-503.01.3
Determination
				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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-601 - RIGHT TO INSPECT FACILITY

Current through June 25, 2024
The State may, at reasonable times, inspect the place of
				  business of a contractor or any subcontractor which is related to the
				  performance of any contract awarded or to be awarded by the State.
3-601.01
Inspection of Facility or
				Site
Circumstances under which the State may perform inspections
				  include, but are not limited to, inspections of contractor's site in order to
				  determine:
(a) whether the standards
				set forth in Section 3-401.03 (Standards of Responsibility) have been met or
				are capable of being met; and,
(b)
				if the contract is being performed in accordance with its terms.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-701 - FINALITY OF DETERMINATIONS

Current through June 25, 2024
The determinations required by the following sections are
				  final and conclusive unless they are clearly erroneous, arbitrary, capricious,
				  or contrary to law:
(a) Section
				3-202.01(f) (Competitive Sealed Bidding Correction or Withdrawal of Bids;
				Cancellation of Awards);
(b)
				Section 3-203.01(a) (Competitive Sealed Proposals Conditions for Use);
(c) Section 3-203.01(g)
				(Competitive Sealed Proposals Award);
(d) Section 3-204 (Competitive Sealed
				Qualifications);
(e) Section 3-206
				(Sole-Source Procurement);
(f)
				Section 3-207 (Emergency Procurement);
(g) Section 3-401(a) (Responsibility of
				Bidders, Offerors, and Respondents, Determination of Non-responsibility);
(h) Section 3-403.01(c) (Cost or
				Pricing Data Cost or Pricing Data Not Required);
(i) Section 3-501 (Types of Contracts); and
(j) Section 3-502 (Multi-Source
				Contracting).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 4 - CONTRACT ADMINISTRATION › Section 27-100-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES

Current through June 25, 2024
The following contract clauses should be used as required by
				  the
Personal Service Contract Review Board Rules and
				  Regulations
and at the discretion of the Agency Head. In addition to
				  these clauses, see Appendices C (Required Clauses in Contract for Services), D
				  (Required Clauses in IFBs, RFPs, and RFQs), E (Clauses Available for Use in
				  Service Contracts), and F (Clauses Available for Use in Solicitations for Bids,
				  Proposals, or Statements of Qualifications) for other clauses.
4-101.01
Stop Work Order Clause: Use of
				clause
The clause set forth in Subsection 4-101.01.2 of this
				  section is authorized for use in any fixed-price contract under which work
				  stoppage may be required for reasons such as advancements in the state of the
				  art, production modifications, engineering changes, or realignment of programs.
4-101.01.1
Use of Orders
(a) Because stop work orders may result in
				increased costs by reason of standby costs, such orders shall be issued only
				with prior approval of the Agency Head. Generally, use of a stop work order
				will be limited to situations in which it is advisable to suspend work pending
				a decision to proceed by the State, and a supplemental agreement providing for
				such suspension is not feasible. A stop work order may not be used in lieu of
				the issuance of a termination notice after a decision to terminate has been
				made.
(b) Stop work orders shall
				not exceed 90 consecutive days and shall include, as appropriate:
(1) a clear description of the work to be
				suspended;
(2) instructions as to
				the issuance of further orders by the contractor for material or services;
(3) guidance as to action to be
				taken on subcontracts; and,
(4)
				other instructions and suggestions to the contractor for minimizing costs.
Promptly after issuance, stop work orders shall be discussed
				  with the contractor and should be modified, if necessary, in the light of such
				  discussions.
(c)
				As soon as feasible after a stop work order is issued:
(1) the contract will be terminated; or,
(2) the stop work order will be
				canceled or extended in writing beyond the period specified in the order.
In any event, action must be taken before the specified stop
				  work period expires. If an extension of the stop work order is necessary, it
				  must be evidenced by a supplemental agreement. Any cancellation of a stop work
				  order shall be subject to the same Agency Head approval as was required for the
				  issuance of the order.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 4 - CONTRACT ADMINISTRATION › Section 27-100-4-102 - MONITORING CONTRACT PERFORMANCE

Current through June 25, 2024
The Agency Head shall ensure that contracts are monitored at
				  least monthly to confirm acceptable performance, timely fulfillment of
				  deliverables and compliance with terms of the agreement.
4-102.01
Duties of the Procurement
				Officer shall include, but are not limited to the following:
(a) reviews and approves contract
				deliverables;
(b) ensures
				compliance with contractual terms;
(c) coordinates the flow of information
				between the parties;
(d) responds
				to requests of the contractor;
(e)
				monitors disbursements against the contract budget;
(f) monitors actual progress against work
				schedules;
(g) coordinates the
				furnishing of necessary materials; (h) authorizes no cost modifications; and,
(i) makes recommendations on
				modifications involving increased cost.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-101 - DEBARMENT OR SUSPENSION

Current through June 25, 2024
(a)
Authority.
With reasonable notice to the person involved and
				reasonable opportunity for that person to be heard, the PSCRB, after
				consultation with the using agency and the Special Assistant Attorney General
				assigned to MSPB, shall have authority to debar a person for cause from
				consideration for award of contracts. The debarment shall be for a period of
				two (2) years. The PSCRB, after consultation with the using agency (the agency
				that has used the services supplied by the contractor) and the Special
				Assistant Attorney General, shall have authority to suspend a person from
				consideration for award of contracts if there is probable cause for debarment.
				The suspension shall not be for a period exceeding three (3) months.
(b)
Agency Requests for Debarment or
				Suspension.
Using agencies must submit a Vendor Quality Report to the
				PSCRB to request the debarment or suspension of a contractor or potential
				contractor.
(c)
Causes for
				Debarment or Suspension.
The causes for debarment or suspension include
				the following:
(1) conviction for commission
				of a criminal offense as an incident to obtaining or attempting to obtain a
				public or private contract or subcontract, or in the performance of such
				contract or subcontract;
(2)
				conviction under state or federal statutes of embezzlement, theft, forgery,
				bribery, falsification or destruction of records, receiving stolen property, or
				any other offense indicating a lack of business integrity or business honesty
				which currently, seriously, and directly affects responsibility as a
				Mississippi contractor;
(3)
				conviction under state or federal antitrust statutes arising out of the
				submission of bids, proposals, or statements of qualifications;
(4) violation of contract provisions, as set
				forth below, of a character which is regarded by the PSCRB to be so serious as
				to justify debarment action; including,
i.
				deliberate failure without good cause to perform in accordance with the
				specifications or within the time limit provided in the contract or,
ii. a recent record of failure to perform or
				of unsatisfactory performance in accordance with the terms of one or more
				contracts; provided that failure to perform or unsatisfactory performance
				caused by acts beyond the control of the contractor shall not be considered to
				be a basis for debarment;
(5) any other cause the PSCRB determines to
				be so serious and compelling as to affect responsibility as a Mississippi
				contractor, including debarment by another governmental entity for any cause
				listed herein; and,
(6) for
				violation of the ethical standards set forth in Chapter 6 (Ethics in
				Contracting for Personal and Professional Services).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-201 - APPEAL AND REVIEW OF PERSONAL SERVICE CONTRACT REVIEW BOARD DECISIONS

Current through June 25, 2024
(a)
Appeal.
Any person receiving
				an adverse decision, the State, or both may appeal from a decision by the PSCRB
				to the designated court or courts of the State.
(b)
Authorization of Appeal by the
				State.
No such appeal shall be made by the State unless recommended by
				the PSCRB or the head of the agency involved.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-202 - DISCONTINUANCE OF CONTRACTOR'S APPEAL

Current through June 25, 2024
After notice of an appeal to the PSCRB has been filed with
				  the PSCRB, a contractor may not discontinue such appeal without prejudice,
				  except as authorized by the PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-203 - VIOLATION OF LAW

Current through June 25, 2024
The provisions of this section specifically apply where it
				  is determined administratively, or upon administrative or judicial review, that
				  a solicitation or award of a contract is in violation of federal or state
				  law(s).
5-203.01
Determination
				that Solicitation or Award Violates Law
A solicitation or award may be in violation of the law due
				  to actions of state employees, bidders, offerors, respondents, contractors, or
				  other persons. After consultation with the MSPB Special Assistant Attorney
				  General, the PSCRB or an Agency Head may determine that a solicitation or
				  contract award is in violation of the provisions of the
Mississippi
				  Personal Service Contract Review Board Rules and Regulations.
After
				  consultation with the MSPB Special Assistant Attorney General, the Ethics
				  Commission may determine that a solicitation or award violates the Ethics in
				  Public Contracting provisions of the
Mississippi Personal Service
				  Contract Review Board Rules and Regulations.
Any such determination
				  shall be made in writing after an opportunity to be heard is given, and such
				  determination is subject to appropriate appeal.
5-203.02
Finding of Bad Faith or
				Fraud
Bad faith or fraud shall not be assumed. Specific findings
				  showing reckless disregard of clearly applicable laws or regulations must
				  support a finding of bad faith. A finding of fraud must be supported by
				  specific findings showing knowing, willful acts in disregard of such laws or
				  regulations. Mississippi Code Annotated §
										31-7-57
				  holds state employees personally liable if they authorize or make a
				  solicitation or award of a contract in violation of the law.