reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 2 - WIDE RULES AND REGULATIONS (Order No. 201-51) › Chapter 1 › Rule 26-2-1.69 - CONTROL OF OIL FIELD NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM)

Current through June 25, 2024
1. Purpose and Scope
a. This rule provides regulations for control
				of oil field NORM to ensure that radiation exposures of workers and members of
				the general public resulting from oil field NORM are prevented, eliminated or
				reduced to acceptable levels in order to protect the public health, safety and
				environment.
b. No person shall
				receive, possess, use, transfer, own or acquire NORM as defined herein except
				as authorized in this section or as otherwise provided by State and Federal
				Regulations.
c. This rule applies
				to NORM that has been derived from the exploration and production activities of
				oil and gas operations within the territorial area of the State of Mississippi
				at oil and gas production facilities which, on or after July 1, 1995, were
				properly permitted by the Oil & Gas Board and which, on or after July 1,
				1995, were active or properly reported as inactive on Oil & Gas Board Form
				9-A.
d. It is the understanding of
				the Oil & Gas Board that the intent of the legislature is that location
				sites surrounding oil and gas production facilities which were abandoned prior
				to July 1, 1995 and/or not permitted by the Oil & Gas Board will continue
				to be regulated in the manner in which such sites were regulated prior to July
				1, 1995.
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.1 - SCOPE OF RULES

Current through June 25, 2024
The rules and regulations hereby adopted and hereinafter set out are general rules of statewide application and shall apply to all fields; provided, however, special rules, applicable to particular areas or subject matter shall prevail over these general rules only to the extent that they are in conflict therewith.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.2 - Definition

Current through June 25, 2024
In addition to the definitions set forth in State Oil and Gas Board Order No. 201-51, Rule 2, unless the context otherwise requires, the following words shall have the meanings indicated when found in these Offshore (OS) Rules:
(a) "Board" shall mean the
				State Oil and Gas Board created by Chapter 256 of the Laws of 1948.
(b) "Supervisor" shall mean the State Oil and
				Gas Board Supervisor of Mississippi.
(c) "Submerged Offshore Lands" shall mean all
				lands overlain by the waters of the Gulf of Mexico, Mississippi Sound, bays and
				other waters connected thereto which are directly affected by the tides in the
				Gulf of Mexico to the extent that such lands and waters lie within the
				territorial jurisdiction of the State of Mississippi. For the purpose of
				implementation of these rules and regulations, the State Oil and Gas Board
				reserves the authority to classify lands as "Submerged" or
				"Nonsubmerged".
(d) "Waters" shall
				mean the water superjacent to Submerged Offshore Lands.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.3 - MARKING OF WELLS, PLATFORMS AND FIXED STRUCTURES

Current through June 25, 2024
The operator shall comply with the following requirements:
1. Identification of
				Platforms, Fixed Structures
Platforms and structures, other than individual wellhead
				  structures, shall be identified at two diagonal corners of the platform or
				  structure by a sign with letters and figures not less than twelve (12) inches
				  in height with the following information: The name of lease operator, the name
				  of the county, the block number in which the platform or structure is located
				  and the platform or structure designation. The information shall be abbreviated
				  as in the following example:
"The Blank Oil Company operates 'C' platform in Block 60 in
				  Harrison County, Mississippi."
The identifying sign on the platform would show:
"BOC-Har.-60-C."
2. Identification of Single Well Structures
				and Small Structures.
Single well and small structures may be identified with one
				  (1) sign only, with letters and figures not less than (3) three inches in
				  height. The information shall be abbreviated as in the following
				  example:
"The Blank Oil Company operates Well No. 1, which is
				  equipped with a protective structure, in Block 60 in Hancock County,
				  Mississippi."
The identifying sign on the protective structure would
				  show:
"BOC-Han.-60-No. 1."
3. Identification of Wells
The State lease and well number shall be painted on, or a
				  sign affixed to, each singly completed well. In multiply completed wells each
				  completion shall be individually identified at the wellhead. All identifying
				  signs shall be maintained in a legible condition.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.6 - INSTALLATION OF SUBSURFACE SAFETY DEVICE

Current through June 25, 2024
The operator shall comply with the following requirements. All departures from the requirements specified in this rule shall be subject to approval by the Supervisor. All applications for approval under the provisions of this rule shall be submitted to the Supervisor. References in this rule to approvals, determinations or requirements are to those given or made by the Supervisor or his delegated representative:
1. Installation
All tubing installations open to hydrocarbon-bearing zones
				  shall be equipped with a subsurface-controlled or a surface - or other remotely
				  controlled subsurface safety device, to be installed at a depth of 100 feet or
				  more below the waters' floor unless, after application and justification, the
				  well is determined to be incapable of flowing oil or gas. These installations
				  shall be made as required in Subparagraph A below within two (2) days after
				  stabilized production is established, and during this period of time the well
				  shall not be left unattended while open to production.
A. New Wells
All tubing installations in wells shall be equipped with a
				  surface or other remotely controlled subsurface safety device; provided, that
				  wells with a shut-in tubing pressure of 4,000 psig or greater shall be equipped
				  with a subsurface-controlled subsurface safety device in lieu of a surface or
				  other remotely controlled subsurface safety device unless a surface or other
				  remotely controlled subsurface safety device is approved or required. When the
				  shut-in tubing pressure declines below 4,000 psig, a surface or other remotely
				  controlled subsurface safety device shall be installed when the tubing is first
				  removed and reinstalled.
B.
				Shut-in Wells
A tubing plug shall be installed in lieu of, or in addition
				  to, other subsurface safety devices if a well has been shut-in for a period of
				  six (6) months. Such plugs shall be set at a depth of 100 feet or more below
				  the waters' floor. All retrievable plugs installed shall be of the pump-through
				  type. All wells perforated and completed, but not placed on production, shall
				  be equipped with a subsurface safety device or tubing plug within two (2) days
				  after completion.
C.
				Injection Wells
Subsurface safety devices as required in Subparagraph A above
				  shall be installed in all injection wells unless, after application and
				  justification, it is determined that the well is incapable of flowing oil or
				  gas, which condition shall be verified annually.
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.7 - PROCEDURE FOR COMPLETION OF OIL AND GAS WELLS

Current through June 25, 2024
1. Wellhead
				Equipment and Testing Procedures
A. Wellhead
				Equipment
All completed wells shall be equipped with casingheads,
				  wellhead fittings, valves and connections with a rated working pressure equal
				  to or greater than the surface shut-in pressure of the well. Connections and
				  valves shall be designed and installed to permit fluid to be pumped between any
				  two strings of casing. Two master valves shall be installed on the tubing in
				  wells with a surface pressure in excess of 5,000 pounds per square inch. All
				  wellhead connections shall be assembled and tested, prior to installation, by a
				  fluid pressure which shall be equal to the rated test pressure of the fitting
				  to be installed.
B. Testing
				Procedure
Any wells showing sustained pressure on the casinghead, or
				  leaking gas or oil between the production casing and the next larger casing
				  string, shall be tested in the following manner: The well shall be killed with
				  water or mud and pump pressure applied. Should the pressure at the casinghead
				  reflect the applied pressure, the casing shall be condemned. After corrective
				  measures have been taken, the casing shall be tested in the same manner. This
				  testing procedure shall be used when the origin of the pressure cannot be
				  determined otherwise.
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.8 - PREVENTION OF WASTE, INCLUDING POLLUTION, AND WASTE DISPOSAL

Current through June 25, 2024
(a) The operator shall not cause waste or
				pollute land or water or damage the aquatic life of the waters or allow
				extraneous matter to enter and damage any mineral- or water- bearing
				formation.
(b) If the waters are
				polluted by the drilling or production operations conducted by or on behalf of
				the operator, and such waste by pollution damages or threatens to damage
				aquatic life, wildlife or public or private property, the control and total
				removal of the pollutant, wheresoever found, proximately resulting therefrom
				shall be at the expense of the operator. Upon failure of the operator to
				control waste and remove the pollutant, the Supervisor shall have the right to
				accomplish the control and removal of the pollutant in accordance with any
				established contingency plan for combating oil spills or by other means at the
				cost of the operator. Such action shall not relieve the operator of any
				responsibility as provided herein.
(c) The operator's liability to third
				parties, other than for cleaning up the pollutant in accordance with Paragraph
				(b) of this section, shall be governed by applicable law.
The Operator shall comply with the following
				  requirements:
1. Waste Prevention
				Including Pollutant
A. Liquid Disposal
(1) Oil in any form shall not be disposed of
				into the waters.
(2) Liquid waste
				materials containing substances which may be harmful to aquatic life or
				wildlife, or injurious in any manner to life or property, shall be treated to
				avoid disposal of harmful substances into the waters.
(3) Drilling mud containing oil shall not be
				disposed of into the waters.
(4)
				Detergents, surfactants or dispersants in harmful quantities shall not be
				introduced into the waters without prior approval of the Supervisor.
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.10 - APPROVAL PROCEDURE FOR OIL AND GAS PIPELINES

Current through June 25, 2024
The Supervisor shall approve a plan for installation of all pipelines for which a right of use or easement has been granted by the State, or permitted under the provisions of any lease, in or over submerged offshore lands. The operator shall comply with the following requirements:
1. General Design
All pipelines shall be designed and maintained in accordance
				  with the following:
A. The operator
				shall be responsible for the installation of the following control devices on
				all oil and gas pipelines connected to a platform, including pipelines which
				are not operated or owned by the operator. The operator shall submit records to
				the Supervisor semi-annually showing the present status and past history of
				each device, including dates and details of inspection, testing, repairing,
				adjustment and re- installation:
(1) All oil
				and gas pipelines leaving a platform receiving production from the platform
				shall be equipped with a high-low pressure sensor to directly or indirectly
				shut-in the wells on the platform.
(2)
(a) All
				oil and gas pipelines delivering production to production facilities on a
				platform shall be equipped with an automatic shut-in valve connected to the
				platform's automatic and remote shut-in system.
(b) All oil and gas pipelines coming onto a
				platform shall be equipped with a check valve to avoid backflow.
(c) Any oil or gas pipelines crossing a
				platform which do not deliver production to the platform, but which may or may
				not receive production from the platform, shall be equipped with high- low
				pressure sensors to activate an automatic shut-in valve to be located in the
				upstream portion of the pipeline at the platform. This automatic shut-in valve
				shall be connected to either the platform automatic and remote shut-in system
				or to an independent remote shut- in system.
(d) All pipeline pumps shall be equipped with
				high-low pressure shut-in devices.
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.11 - BOND

Current through June 25, 2024
Before any person shall begin drilling of any well in search of oil or gas or assume operation of an oil or gas well or construct or operate any pipeline in the submerged offshore lands of Mississippi, said person shall file with the Board a bond in the amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each well or pipeline or TWO HUNDRED THOUSAND DOLLARS ($200,000.00) for all wells and pipelines, payable to the State of Mississippi for the use and benefit of the Mississippi State Oil and Gas Board. The Board shall require an increase of the minimum specified herein, by appropriate rider, when in the opinion of the Board the minimum does not constitute a reasonable bond as authorized to be required by Section 53-1-17, Mississippi Code of 1972.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.12 - APPLICATION OF STATEWIDE RULES AND REGULATIONS

Current through June 25, 2024
Where not in conflict with these rules and regulations, all existing Statewide Rules and Regulations of the State Oil and Gas Board as adopted by Order No. 201-51, and all additions and amendments thereto, shall apply and be in force.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.13 - PENALTY

Current through June 25, 2024
Any person, firm or corporation violating any of these rules and regulations shall be punished as provided by law.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.14 - HEARINGS

Current through June 25, 2024
The Board reserves the right to require notice and hearing on any application for a drilling permit in submerged offshore lands.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 26 - Oil and Gas › Part 3 - RULES AND REGULATIONS GOVERNING OIL AND GAS DRILLING, PRODUCING AND PIPELINE OPERATIONS IN SUBMERGED OFFSHORE LAND OF THE STATE OF MISSISSIPPI › Chapter 1 › Rule 26-3-1.15 - EXCEPTIONS

Current through June 25, 2024
The Board expressly reserves the right, after notice and hearing, to alter, amend, repeal or grant exceptions to any and all of the foregoing rules and regulations.
MCA Section
				   53-1-17(3)
				  (1972)
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-1-1-101 - GENERAL PROVISIONS

Current through June 25, 2024
1-101.01
Purpose of the Personal Service Contract Procurement Regulations
In 1997, the Mississippi Legislature established the
				  Personal Service Contract Review Board (hereinafter "PSCRB"), and authorized it
				  to "[p]romulgate rules and regulations governing the solicitation and selection
				  of contractual services personnel . . . ." Miss. Code Ann. §
										25-9-120(3)(a)(1972,
				  as amended). The purpose of the
Personal Service Contract Review Board
				  Rules and Regulations
is to set forth rules and regulations, along
				  with other pertinent information, that agencies should follow in the
				  procurement of personal services. The policies and procedures set forth herein
				  apply only to those agencies which fall under the authority of the PSCRB. With
				  the exception of the Mississippi Department of Transportation, agencies under
				  the authority of the PSCRB include those agencies under the authority of the
				  Mississippi State Personnel Board (hereinafter "MSPB"). See Appendix A. This
				  manual is intended to be a comprehensive presentation of regulations relative
				  to obtaining personal service contracts pursuant to Mississippi Code Annotated
				  §
										25-9-120.
				  Further, it shall serve as a source of information for contractors, instructing
				  them as to the proper procedures that must be followed in doing business with
				  the State of Mississippi.
1-101.02
Interpretation of
				Regulations
1-101.02.01
Interpretation, Purposes and Policies
These regulations shall be construed and applied to promote
				  the underlying purposes and policies, which are:
(a) to simplify, clarify, and modernize the
				regulations governing contracting for personal service by agencies of the State
				of Mississippi;
(b) to permit the
				continued development of procurement policies and practices;
(c) to provide for increased public
				confidence in the procedures followed in the public procurement for personal
				services contracts;
(d) to ensure
				the fair and equitable treatment of all persons who deal with the procurement
				system of this State for personal service contracts;
(e) to provide increased economy in the State
				of Mississippi procurement activities and to maximize to the fullest extent
				practicable the purchasing value of public funds of the State;
(f) to foster effective broad-based
				competition with the free enterprise system; and,
(g) to provide safeguards for maintenance of
				a procurement system of quality and integrity.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-1-1-104 - 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 1 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-1-1-105 - 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 1 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-1-1-106 - DURATION

Current through June 25, 2024
These regulations, when approved by the PSCRB as authorized
				  by Mississippi Code Annotated §
									25-9-120
				  (1972, as amended), shall be in effect as written until amended or repealed by
				  the PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-1-1-301 - PUBLIC ACCESS TO PROCUREMENT INFORMATION

Current through June 25, 2024
Procurement information shall be public record to the extent
				  provided in Mississippi Code Annotated §§
									25-61-1
et seq.
(1972, as amended), except as noted in 1-301.01 of
				  these regulations.
1-301.01
Release of Information Regarding Bid Results
Subject to the provisions of the Mississippi Public Records
				  Act, Mississippi Code Annotated §§
										25-61-1
et seq
. (1972, as amended), disclosure of bid information by
				  contracting agencies shall be as follows:
(a) Information pertaining to the results of
				any bid may be reviewed subsequent to the time of the bid opening by any
				business or person who submitted bids on the particular transaction. The
				contracting agency may restrict the availability of the bids or proposals prior
				to bid opening or contract award so as to improve the efficiency of the
				evaluation and award process.
(b)
				Businesses or persons not participating in the process will not be permitted
				access to any applicable file until after an award is made. After the award is
				made, all information and documents applicable to the awarded contract shall be
				made available to any business or person; provided, however, no information
				specified by a participant and approved by the procurement officer as
				proprietary information shall be available to any business or person without a
				written request.
(c) When an
				agency receives a request to release confidential information, the agency shall
				give the owner of this information reasonable time to obtain a court order
				protecting the information as confidential. If the agency receives a court
				order pursuant to Mississippi Code Annotated §
										25-61-9
				(1972, as amended) within this time, it must then notify the requestor that the
				information is protected by court order and cannot be furnished.
(d) A contracting agency may restrict bid
				result document review to the premises of the agency at any time during normal
				working hours. No agency is compelled to copy or duplicate any bid record for
				any person or business; however, if an agency agrees to copy or duplicate such
				record, it may charge a reasonable fee in compliance with written procedures
				adopted by the agency.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 2 - ORGANIZATION › Section 27-1-2-101 - 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
				  (1972, as amended) provides that the PSCRB is to be composed of the Mississippi
				  State Personnel Board Executive Director; the Executive Director of the
				  Department of Finance and Administration, or his designee; the Commissioner of
				  Corrections, or his designee; the Executive Director of the Mississippi
				  Department of Wildlife and Fisheries, or his designee; and the Executive
				  Director of the Department of Environmental Quality, or his designee. The MSPB
				  Executive Director shall be chairman and shall preside over the meetings of the
				  PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 2 - ORGANIZATION › Section 27-1-2-102 - POLICY AND PROCEDURE

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 (3) members shall be a quorum. No action shall be valid unless
				  approved by the chairman and two (2) 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 the
				  MSPB. Minutes shall be kept of the proceedings of each meeting, copies of which
				  shall be filed on a monthly basis with the Legislative Budget Office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 2 - ORGANIZATION › Section 27-1-2-104 - 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)(1972,
				  as amended), each state agency shall, through its governing board or executive
				  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 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-102 - GENERAL PROVISIONS

Current through June 25, 2024
3-102.01
Extension of Time for Bid or Proposal Acceptance
After opening bids or proposals, the Procurement Officer may
				  request bidders or offerors to extend the time during which the State may
				  accept their bids or proposals, 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 or Proposal Received, No Bid 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 3-205 (Sole-Source Procurement) or Section
				3-206 (Emergency Procurement), as appropriate.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-103 - UNSOLICITED OFFERS

Current through June 25, 2024
3-103.01
Definition
An unsolicited offer is any offer other than one submitted
				  in response to a solicitation.
3-103.02
Processing of Unsolicited
				Offers
The Procurement Officer or Agency Head shall follow the
				  provisions of this section in considering an unsolicited offer. If an award is
				  made, the agency shall notify PSCRB that the award was the result of an
				  unsolicited offer.
3-103.03
Conditions for
				Consideration
To be considered for evaluation, an unsolicited offer:
(a) must be in writing;
(b) must be sufficiently detailed to allow a
				judgment to be made concerning the potential utility of the offer to the State;
(c) must be unique or innovative
				to State use;
(d) must demonstrate
				that the proprietary character of the offering warrants consideration of the
				use of sole-source procurement; and,
(e) may be subject to testing.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-104 - 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 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-201 - METHOD OF SOURCE SELECTION

Current through June 25, 2024
Unless otherwise authorized by law, all Mississippi
				  contracts for professional and personal services shall be procured using one of
				  the following methods:
(a) Section
				3-202, Competitive Sealed Bidding;
(b) Section 3-203, Competitive Sealed
				Proposals;
(c) Section 3-204,
				Small Purchases;
(d) Section
				3-205, Sole-Source Procurement; or,
(e) Section 3-206, Emergency Procurement.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-203 - 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.
(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 Section 3-202.01(c) and 3-202.06 (Competitive Sealed Bidding,
				Public Notice).
(d)
Receipt
				of Proposals:
Proposals shall be opened so as to avoid disclosure of
				contents to competing offerors during the process of negotiation. The agency
				shall prepare and keep a Register of Proposals which shall be open for public
				inspection after contract award. The Register of Proposals shall indicate the
				name of all vendors submitting proposals.
(e)
Evaluation Factors:
The
				Request for Proposal 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 Proposal 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,
				there shall be no disclosure of any 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 Proposal. No
				other factors or criteria shall be used in the evaluation.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-204 - SMALL PURCHASES

Current through June 25, 2024
Any procurement not exceeding $100,000 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.
3-204.01
Application
This section applies to procurements for personal service of
				  $100,000 or less.
3-204.02
Authority to Make Small Purchases
3-204.02.1
Amount
The Purchasing Agency may use this Regulation if the
				  procurement for services is to be $100,000 or less. If these methods are not
				  used, the other methods of source selection provided in Section 3-201 (Methods
				  of Source Selection) shall apply.
3-204.02.2
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 unless the procurement is a
				  small purchase as specified in Subsection 3-204.04 of this section.
3-204.02.3
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 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-205 - SOLE-SOURCE PROCUREMENT

Current through June 25, 2024
A contract may be awarded for a service without competition
				  when the Agency Head determines in writing that there is only one source for
				  the required service.
3-205.01
Application
The provisions herein apply to all sole-source procurements
				  unless emergency conditions exist as defined in Section 3-206 (Emergency
				  Procurement).
3-205.02
Conditions for Use of Sole-Source Procurement
Sole-source procurement is not permissible unless a
				  requirement is available from only a single supplier. 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 and signed by the Agency Head. The Agency Head may specify the
				  application of such determination and the duration of its effectiveness. In
				  cases of reasonable doubt, competition shall be solicited. Any request by an
				  agency that a procurement be restricted to one potential contractor shall be
				  accompanied by an explanation as to why no other will be suitable or acceptable
				  to meet the need.
3-205.03
Negotiation in Sole-Source Procurement
The Agency Head shall conduct negotiations, as appropriate,
				  as to price, delivery, and terms. If the contract amount is greater than
				  $100,000, the contracts must still be forwarded to the PSCRB for approval prior
				  to any services being rendered.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-206 - EMERGENCY PROCUREMENT

Current through June 25, 2024
Notwithstanding any other provision of these Regulations,
				  the Agency Head may make or authorize others to make emergency procurements
				  under emergency conditions as defined in these regulations, provided that such
				  emergency procurement shall be made with such competition as is practicable
				  under the circumstances. A written determination signed by the Agency Head of
				  the basis for the emergency and for the selection of the particular contractor
				  shall be included in the contract file. The term of an emergency contract shall
				  not exceed one (1) year.
3-206.01
Application
The provisions herein apply to every procurement made under
				  emergency conditions that will not permit other source selection methods to be
				  used.
3-206.02
Definition of Emergency Conditions
The term "emergency" shall mean any circumstances:
(a) caused by fire, flood, explosion, storm,
				earthquake, epidemic, riot, insurrection; or,
(b) caused by an inherent defect due to
				defective construction; or;
(c)
				when the immediate preservation of order or public health is necessary by
				reason of unforeseen emergency; or,
(d) when the restoration of a condition of
				usefulness of any public building, equipment, road or bridge appears advisable;
				or,
(e) in the case of a public
				utility when there is a failure of any machine or other things used and useful
				in the generation, production or distribution of electricity, water or natural
				gas or in the transportation or treatment of sewage; or,
(f) when the delay incident to obtaining
				competitive bids could cause adverse impact upon the governing authority or
				agency, its employees or its citizens.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-207 - PREAPPROVED VENDOR LISTS

Current through June 25, 2024
Mississippi Code Annotated §
									25-9-120
				  (1972, as amended) 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
				  board." 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.
3-207.01
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 submit a contract it
				  prepares as long as the contract adheres to the required terms and conditions
				  as stated in the IFB or RFP and the PSCRB form contract. Any additional terms
				  or change in non-negotiable terms, such as the scope of services, may result in
				  rejection of the contract.
3-207.02
Contract Approval
The agency should submit an unsigned contract along with a
				  SPAHRS report and any other required correspondence in the E-system. The PSCRB
				  staff will review the contract for compliance and will notify the agency if the
				  contract meets the requirements for a staff approval. If the requirements are
				  not met, the contract may require Board approval or it may be rejected and the
				  agency will need to complete a procurement for the services. The agency should
				  submit the executed (signed) approved contract in the PSCRB E-system within ten
				  (10) business days of receipt of notice that the contract is approved.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-301 - CANCELLATION OF INVITATIONS FOR BIDS OR REQUESTS FOR PROPOSALS

Current through June 25, 2024
An Invitation for Bid, a Request for Proposal, or other
				  solicitation may be canceled, or any or all bids or proposals 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 or any other source selection method, and the
				  rejection of bids or proposals 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 or Proposals
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, or receipt of proposals in competitive sealed
				proposals.
(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 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-401 - RESPONSIBILITY OF BIDDERS AND OFFERORS

Current through June 25, 2024
3-404.01
General Provisions
(a)
Determination of Non-responsibility:
A written determination of
				non-responsibility of a bidder or offeror shall be made. The unreasonable
				failure of a bidder or offeror 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 or offeror.
(b)
Right of
				Nondisclosure:
Information furnished by a bidder or offeror pursuant to
				this section shall not be disclosed outside of the office of the purchasing
				agency if so requested by the bidder or offeror, except as might be required by
				Mississippi Code Annotated §§
										25-61-1
et seq.
(1972, as amended).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-402 - PREQUALIFICATION OF SUPPLIERS

Current through June 25, 2024
Prospective suppliers may be prequalified for particular
				  types of services. Solicitation mailing lists of potential contractors shall
				  include but shall not be limited to such prequalified suppliers.
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 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-403 - 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 offeror or
				bidder should provide cost or pricing data to justify a bid or proposal, this
				regulation may be used as a guideline for such negotiation.