reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.2 - Definitions

Current through June 25, 2024
For purposes of this Chapter, the following definitions
				  apply:
A.
Meeting
.
				"Meeting" shall have the same meaning as that term is defined in Mississippi
				Code Annotated §
									25-41-3,
				as the same may be amended.
B.
Executive Session
. "Executive Session" shall be limited to those
				matters allowed to be exempted from the open meetings requirement under
				Mississippi Code Annotated § 24-41-7(4), as the same may be amended from
				time to time.
C.
Port
.
				"Port" shall mean the Mississippi State Port Authority at Gulfport.
D.
Board
. "Board" shall mean the
				Board of Commissioners of the Mississippi State Port Authority at Gulfport.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.3 - Open Meetings Generally Held

Current through June 25, 2024
The Port shall hold Meetings open to the public at all times
				  unless such Meeting be declared an Executive Session as provided for in
				  Mississippi Code Annotated, §
									25-41-7.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.4 - Notice

Current through June 25, 2024
The Port shall provide notice as required by law, including
				  but not limited to Miss. Code Ann. §
									25-41-13. The
				  Port shall not be required to provide advance notice of teleconference or video
				  meetings continued to address an emergency as provided in Mississippi Code
				  Annotated §
									25-41-5(5)
				  or to include the agenda of a Meeting conducted by teleconference or video
				  means for which proper notice was already given and the purpose of the
				  continued meeting is set during the meeting prior to
				  adjournment.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.5 - Emergency Meeting

Current through June 25, 2024
The Port may conduct an emergency Meeting by teleconference
				  or video means, or otherwise provided by law, as often as necessary if an
				  emergency exists and the Board is unable to meet in a regular session. The Port
				  shall state the nature of the emergency Meeting upon the minutes. The Port
				  shall comply with the requirements of notice, minute keeping, recordation, and
				  preservation as related to the emergency Meeting.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.6 - Meeting by Teleconference

Current through June 25, 2024
The Port may conduct any Meeting through teleconference or
				  video means allowing a quorum of the Port, as prescribed by law, to be at
				  different locations for the purpose of conducting the Meeting provided
				  participation is available to the public at one or more public locations
				  specified in the public meeting notice. The Port shall suspend any action taken
				  at the Meeting in the event of any interruption in the teleconference or video
				  broadcast of the Meeting until repairs are made and public access restored. If
				  the Port conducts a Meeting by teleconference, an audio recording of the
				  Meeting shall be retained by the Port. If the Port conducts a Meeting by video
				  means, an audio/visual recording of the Meeting shall be retained by the Port.
				  Any audio or audio/visual recording shall be preserved by the Port for a period
				  of three (3) years following the date of the Meeting and shall be made
				  available to the public at all times therein.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.7 - Agenda

Current through June 25, 2024
The Port make available to the general public at the time of
				  the Meeting an agenda or materials distributed to members of the Port and staff
				  of the Port present at the Meeting.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.8 - Opportunity to Address the Board

Current through June 25, 2024
The Port shall provide the general public attending the
				  Meeting from any designated remote location the opportunity to address the
				  Board just as persons attending the primary or central
				  location.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.9 - Conduct During Meeting

Current through June 25, 2024
The Port may make and enforce reasonable rules and
				  regulations for conduct of persons attending its Meetings in order to avoid
				  disruption. Any person shall be permitted to orderly and respectfully address
				  the Board under the rules and regulations established herein. Any person may be
				  properly excluded from attendance to a Meeting for breach of
				  peace.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.10 - Minute Record Keeping

Current through June 25, 2024
The Port shall keep minutes of all Meetings as required by
				  Mississippi Code Annotated §
									25-41-11,
				  showing the members present and absent; the date, time and place of the
				  Meeting; an accurate recording of any final actions taken at such Meeting; and
				  a record, by individual member, of any votes taken; and any other information
				  that the Port requests be included or reflected in the minutes. Votes taken
				  during any Meeting conducted through teleconference or video means shall be
				  recorded by name in roll-call order and included in the minutes. The minutes
				  shall be recorded within a reasonable time not to exceed thirty (30) days after
				  the recess or adjournment and shall be open to public inspection during regular
				  business hours at 2510 14th Street # 1450, Gulfport,
				  Mississippi 39501.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.11 - Executive Session

Current through June 25, 2024
Any Commissioner of the Port shall have the right to request
				  by motion a closed determination upon the issue of whether or not to declare an
				  Executive Session. Upon an affirmative majority vote of all members present,
				  such Meeting shall be closed for a preliminary determination of the necessity
				  of Executive Session, and the total vote on the question of entering Executive
				  Session shall be recorded and spread upon the minutes. The Port shall not
				  transact any other business until the discussion of the nature of the matter
				  requiring Executive Session has been completed. The reason for holding an
				  Executive Session shall be stated by the Board in an open meeting, and the
				  reason so stated shall be recorded in the minutes of the Meeting. Any effective
				  declaration of Executive Session shall be effective to that particular meeting
				  on that particular day and, the Port shall not use any Executive Session to
				  circumvent or defeat the purposes of Mississippi Code Annotated §
									25-41-1,
et seq.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.1 - Governing Law

Current through June 25, 2024
The Mississippi State Port Authority at Gulfport shall follow
				  the public purchasing laws expressed in §§
									31-7-1,
et seq.
of the Mississippi Code and any applicable provisions
				  of the Mississippi Department of Finance and Administration, Office of
				  Purchasing, Travel and Fleet Management's Procurement Manual applicable for the
				  purchase of all commodities, equipment and services. In the event any provision
				  herein conflicts with the statutory provisions of §§
									31-7-1,
et seq
. of the Mississippi Code, the statutory provisions
				  shall control.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.2 - Purchase Requisition

Current through June 25, 2024
Purchase requisition form is completed when an employee signs
				  a request for purchase and a Deputy Director or Director approves the
				  requisition with his/her signature.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.3 - Solicitation Process

Current through June 25, 2024
The requisition is presented to the Purchasing Agent who then
				  solicits prices on the goods or services requested.
A. If the price of the good or service is
				under $5,000.00, then the purchasing agent will place an order with the lower
				priced vendor and issue a purchase order at that time.
B. If price is over $5,000.00 but less than
				$50,000.00, two (2) written bids submitted on a vendor's letterhead or
				identifiable bid form and signed by authorized personnel representing the
				vendor must be solicited by Purchasing Agency and approved by the Executive
				Director. The lowest and best bidder shall be selected.
C. If the price is over $50,000.00, legal
				advertisement must be placed in the newspaper specifying the goods or services
				needed according to the advertisement procedures expressed in §
									31-7-13(c).
				After bids have been received by the Port staff, the accepted bid is presented
				to the Board of Commissioners of the Mississippi State Port Authority for their
				approval and selection of the lowest and best bidder.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.4 - Approval of Board

Current through June 25, 2024
The solicitation and contract for any purchase anticipated to
				  cost $50,000.00 or more shall be approved by the Board of Commissioners prior
				  to advertisement. Any contract over $100,000.00 has to be approved by the
				  Mississippi Development Authority. After approval from the Mississippi
				  Development Authority, the contract will be returned to the Mississippi State
				  Port Authority.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.5 - Rights of MSPA

Current through June 25, 2024
Nothing herein shall be construed to be inconsistent with the
				  rights provided to the Mississippi State Port Authority pursuant to §
									59-5-37
				  of the Mississippi Code.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 12 - Purchasing Rules and Guidelines › Rule 28-301-12.6 - CDBG Funds

Current through June 25, 2024
To the extent U.S. Department of Housing and Urban
				  Development Community Development Block Grant funds are utilized in a
				  procurement, such procurement must fully comply with the applicable
				  requirements set forth in
				  24 C.F.R. §
										84.44 or
				  85.36, OMB Circulars
				  A-87, A-122, A-21 or A-133.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.1 - Right to Protest

Current through June 25, 2024
Any actual or prospective bidder, offerer, or contractor who
				  is aggrieved in connection with the solicitation or award of a contract may
				  protest to the Executive Director. The protest shall be submitted in writing
				  within seven (7) days after such aggrieved person knows or should have known of
				  the facts giving rise thereto.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.2 - Authority to Resolve Protests

Current through June 25, 2024
The Executive Director or his designee(s) shall have the
				  authority to settle and resolve a protest of an aggrieved bidder, offerer, or
				  contractor, actual or prospective, concerning the solicitation or award of a
				  contract.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.3 - Decision

Current through June 25, 2024
If the protest is not resolved by mutual agreement, the
				  Executive Director or his designee(s) shall promptly issue a decision in
				  writing. The decision shall:
A. state
				the reason(s) for the action taken; and
B. inform the protestant of its right to an
				administrative hearing before the Port Board of Commissioners.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.4 - Notice of Decision

Current through June 25, 2024
A copy of the decision under Rule
				  13.3
				  of this Chapter shall be mailed or otherwise furnished immediately to the
				  protestant and any other party intervening.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.5 - Finality of Decision

Current through June 25, 2024
A decision under Rule
				  13.3
				  of this Chapter shall be final and conclusive, unless:
A. fraudulent; or
B. any person adversely affected by the
				decision appeals administratively to the Board of Commissioners in accordance
				with Rule 15 below.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.6 - Complaint to Procurement Officer

Current through June 25, 2024
Complainants should seek resolution of their complaints
				  initially with the Procurement Officer or the office that issued the
				  solicitation. Such complaints shall be in writing.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.7 - Filing of Protest

Current through June 25, 2024
Protests shall be made in writing to the Executive Director,
				  and shall be filed in duplicate within seven (7) business days after the
				  protestor knows or should have known of the facts giving rise thereto. A
				  protest is considered filed when received by the Executive Director. Protests
				  filed after the seven (7) day period shall not be considered.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.8 - Subject of Protest

Current through June 25, 2024
Protestors may file a protest on any phase of solicitation or
				  award including, but not limited to, specification preparation, bid
				  solicitation, award, or disclosure of information marked confidential in the
				  bid or offer.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.9 - Form

Current through June 25, 2024
To expedite handling of protests, the envelope should be
				  labeled "Protest." The written protest shall include as a minimum the
				  following:
A. the name and address of
				the protestor;
B. appropriate
				identification of the procurement and if a contract has been awarded, its
				number;
C. a statement of reasons
				for the protest; and
D. supporting
				exhibits, evidence, or documents to substantiate any claims unless not
				available within the filing time in which case the expected availability date
				shall be indicated.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.10 - Requested Information; Time for Filing

Current through June 25, 2024
Any additional information requested by any of the parties
				  should be submitted as expeditiously as possible to promote consideration of
				  the protest. Failure of any party to comply expeditiously with a request for
				  information by the Executive Director may result in resolution of the protest
				  without consideration of any information which is untimely filed pursuant to
				  such request.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.11 - Stay of Procurements During Protest

Current through June 25, 2024
When a protest has been filed within seven (7) days and
				  before an award has been made, the Port Authority shall make no award of the
				  contract until the protest has been settled unless the Executive Director makes
				  a written determination, after consulting with the Board of Commissioners, that
				  the award of the contract without delay is necessary to protect substantial
				  interests of the Port Authority.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.12 - Making Information on Protests Available

Current through June 25, 2024
The Port Authority shall, upon written request, make
				  available to any interested party information submitted that bears on the
				  substance of the protest except where information is proprietary, confidential,
				  or otherwise permitted or required to be withheld by law or regulation. Persons
				  who wish to keep such information submitted by them confidential should so
				  request by specifically identifying such information within documents
				  submitted, and indicating on the front page of each document that it contains
				  such information. The availability of such information shall be in compliance
				  with the Mississippi Public Records Act of 1983, §§
									25-61-1,
et seq.
of the Mississippi Code.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.13 - Decision by the Executive Director

Current through June 25, 2024
A decision on a protest shall be made by the Executive
				  Director as expeditiously as possible after receiving all relevant, requested
				  information.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.14 - Effect of Judicial or Administrative Proceedings

Current through June 25, 2024
The Executive Director will refuse to decide any protest when
				  a matter involved is the subject of a proceeding before the Board of
				  Commissioners or has been decided on the merits by the Board. If an action
				  concerning the protest has commenced in court, the Executive Director shall not
				  act on the protest. This subsection shall not apply where the Board or a court
				  requests, expects, or otherwise expresses interest in the decision of the
				  Executive Director.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.15 - Appeal of Protest Decision By Executive Director or His Designee(s)

Current through June 25, 2024
A.
Scope
. This subsection applies to an appeal addressed to the Board
				of Commissioners of a decision under Rule 4 above.
B.
Time Limitations on Filing a Protest
				Appeal
. The aggrieved person shall file an appeal with the Board of
				Commissioners within seven (7) days of an adverse decision by the Executive
				Director or his designee(s) under Rule 4 of this Chapter. It is sufficient for
				the notice of appeal to be directed to the President of the Board of
				Commissioners.
C.
Decision
. The Board of Commissioners shall promptly decide whether
				the solicitation or award was in accordance with the Constitution, statutes,
				regulations, and the terms and conditions of the solicitation. The proceeding
				shall be de novo. Any prior determinations by the Executive Director or his
				designee(s) shall not be final or conclusive.
D.
Standard of Review for Factual
				Issues
. A determination of an issue of fact by the Board of
				Commissioners under this subsection shall be final and conclusive unless
				arbitrary, capricious, fraudulent, or clearly erroneous.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.16 - Request for Hearing

Current through June 25, 2024
A contractor or prospective contractor that has appealed a
				  protest decision pursuant to Rule 15 of this Chapter may request a hearing
				  before the Board of Commissioners on the appeal. Such request must be received
				  by the Board of Commissioners at the time the appeal is
				  filed.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.17 - Notice of Hearing

Current through June 25, 2024
If a hearing is requested, the Port Authority shall send a
				  written notice of the time and place of the hearing before the Board of
				  Commissioners.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.18 - Authority of Chairman of the Board as Hearing Officer

Current through June 25, 2024
The Chairman of the Board, as hearing officer, in the conduct
				  of the hearing, has the power, among others, to:
A. hold informal conferences to settle,
				simplify, or fix the issues in a proceeding, or to consider other matters that
				may aid in the expeditious disposition of the proceeding either by consent of
				the parties or upon such officer's own motion;
B. require parties to state their positions
				with respect to the various issues in the proceeding;
C. require parties to produce for examination
				those relevant witnesses and documents under their control;
D. rule on motions, and other procedural
				items on matters pending before such officer;
E. regulate the course of the hearing and
				conduct of participants therein;
F.
				receive, rule on, exclude, or limit evidence and limit lines of questioning or
				testimony which are irrelevant, immaterial, or unduly repetitious;
G. fix time limits for submission of written
				documents in matters before such officer;
H. impose appropriate sanctions against any
				party or person failing to obey an order under these procedures, which
				sanctions may include:
I. refusing
				to allow the disobedient party to support or oppose designated claims or
				defenses, or prohibiting that party from introducing designated matters in
				evidence;
J. excluding all
				testimony of an unresponsive or evasive witness;
K. expelling any party or person from further
				participation in the hearing; and
L. take official notice of any material fact
				not appearing in evidence in the record, if such fact is among the traditional
				matters of judicial notice.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.19 - Hearings Procedures

Current through June 25, 2024
A. Hearings shall be as informal as may be
				reasonable and appropriate under the circumstances and in accordance with
				applicable due process requirements. The weight to be attached to evidence
				presented in any particular form will be within the discretion of the hearing
				officer. Stipulations of fact agreed upon by the parties may be regarded and
				used as evidence at the hearing. The parties may stipulate the testimony that
				would be given by a witness if the witness was present. The hearing officer may
				require evidence in addition to that offered by the parties.
B. A hearing may be recorded but need not be
				transcribed except at the request and expense of the contractor or prospective
				contractor. A record of those present, identification of any written evidence
				presented, and copies of all written statements and a summary of the hearing
				shall be sufficient record.
C.
				Opening statements may be made unless a party waives this right.
D. Witnesses shall testify under oath or
				affirmation. All witnesses may be cross-examined.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.20 - Determination of Hearing Officer; Final Decision

Current through June 25, 2024
The Chairman of the Board, as hearing officer, shall prepare
				  a written decision regarding the Board of Commissioner's decision on the appeal
				  as expeditiously as possible. The Board of Commissioner's final decision shall
				  recite the evidence relied upon. The decision shall be sent promptly to the
				  actual or prospective bidder, offerer, or contractor who is
				  aggrieved.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.21 - Determination that Solicitation or Award Violates Law

Current through June 25, 2024
A solicitation or award may be in violation of the law due to
				  actions of state employees, bidders, offerers, contractors, or other persons.
				  The Executive Director or the Board of Commissioners may determine that a
				  solicitation or contract award is in violation of the provisions of state
				  procurement law or 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.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.22 - Remedies Prior to an Award

Current through June 25, 2024
If prior to award it is determined that a solicitation or
				  proposed award of a contract is in violation of law, then the solicitation or
				  proposed award shall be:
A. canceled;
				or
B. revised to comply with the
				law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.23 - Canceling or Revising Solicitation or Proposed Award to Comply with Law

Current through June 25, 2024
A finding by the Executive Director, after consultation with
				  the Board of Commissioners, that the solicitation or proposed award is in
				  violation of law will constitute a compelling reason to cancel or revise a
				  solicitation or proposed award.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.24 - Remedies After an Award

Current through June 25, 2024
If after an award it is determined that the solicitation or
				  award is in violation of the law, then the contract will be
				  canceled.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.25 - Termination

Current through June 25, 2024
Contracts based on awards or solicitations that were in
				  violation of law shall be terminated at no cost to the Port Authority, except
				  as may be approved by the Board of Commissioners in compliance with state
				  law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.26 - Effect of Declaring a Contract Null and Void

Current through June 25, 2024
In all cases where a contract is voided, the Port Authority
				  shall endeavor to return those supplies delivered under the contract that have
				  not been used or distributed. No further payments shall be made under the
				  contract and the Port Authority is entitled to recover the greater of:
(a) the difference between payments made
				under the contract and the contractor's actual costs up until the contract was
				voided; or
(b) the difference
				between payments under the contract and the value to the Port Authority of the
				supplies, services, or construction if obtained under the contract. The Port
				Authority may, in addition, claim damages under any applicable legal theory.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.27 - Appeal and Review of Board Decision on Appeal

Current through June 25, 2024
Any person or party receiving an adverse decision may appeal
				  from a decision by the Board Protest Committee to the designated court or
				  courts of the State.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 13 - Bid Protest Procedures › Rule 28-301-13.28 - Discontinuance of Contractor's Appeal

Current through June 25, 2024
After notice of an appeal to the Board of Commissioners has
				  been filed, a contractor may not discontinue such appeal without prejudice,
				  except as may be authorized by the Board.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 14 - Reporting of Oil Spills and Hazardous Chemical Spills › Rule 28-301-14.1 - Responsibility to Report Incident

Current through June 25, 2024
All operators and leaseholders at the Port have the legal
				  obligation to notify various agencies of a release of any potentially hazardous
				  substances. In the event a listed hazardous substance or extremely hazardous
				  waste is released, in an amount equal to or exceeding the reportable quantity
				  (Normally one pound), or that substance, the following parties must be
				  notified:
A. State Emergency Response
				Commission (SERC) which includes DEQ at 1-888-786-0661;
B. Harrison County Civil Defense Office at
				228-865-4002;
C. National Response
				Commission at 1-800-424-8809 (NRC is manned by U.S. Coast Guard personnel who
				enter reports of pollution and environmental incidents as received and relate
				each report to an on-scene coordinator (OSC). The operator of a facility is
				required to report to NRC immediately upon a release or spill of hazardous
				substances;
D. MSPA at
				228-865-4300;
E. U.S. Coast Guard
				Marine Safety at 1-251-441-5976;
F.
				Fire and Police Department at 911; and
G. To obtain additional assistance for the
				most effective handling of such an incident, it is important that you also call
				CHEMTRAC at 1-800-262-8200.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 14 - Reporting of Oil Spills and Hazardous Chemical Spills › Rule 28-301-14.2 - Information to Include When Reporting an Incident

Current through June 25, 2024
The following information, if available at the time of the
				  report being made, should be included:
A. Name, address and telephone number of the
				individual reporting the incident;
B. Name of the party or individual
				responsible for the incident;
C.
				Mailing address of the responsible party;
D. Telephone number of the responsible
				party;
E. Date and time the
				incident occurred or was discovered;
F. Specific location of the
				incident;
G. Name of the substance
				spilled or released, if known; H. Source of the released material;
I. Cause of the release;
J. Total quantity discharged;
K. Was material released into the air, around
				water or subsurface;
L. Amount
				released into water;
M. Weather
				conditions existing at the time of the incident and until the time of
				reporting;
N. Vessel name,
				railcar/truck number or other identifying information;
O. Name of carrier;
P. Name and type of injuries or
				fatalities;
Q. Whether evacuations
				have occurred;
R. Estimate dollar
				amount of property damage;
S.
				Description of clean-up action taken and future plans; and
T. Other agencies you have notified or
				planned to immediately notify.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 14 - Reporting of Oil Spills and Hazardous Chemical Spills › Rule 28-301-14.3 - Penalty for Noncompliance

Current through June 25, 2024
If the incident poses an immediate crisis as much of the
				  above information as possible should be communicated and it is not necessary to
				  take time to develop all the information prior to calling. As a matter of fact,
				  failure to immediately notify could result in hefty fines being levied against
				  the operator or leaseholder for untimely report. If operators or leaseholders
				  fail to notify the authorities of a release, either are subject to civil
				  penalties of up to $25,000 a day for each day of non-compliance. Repeat
				  offenders can be fined up to $75,000 a day. In addition, criminal penalties may
				  be imposed on any person who knowingly and willfully fails to provide
				  notice."
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.1 - Policy Statement

Current through June 25, 2024
This operating procedure establishes the guideline procedures
				  for the selection and engagement of outside professional project management,
				  architectural, engineering, design, and construction management services for
				  public works project at the Port of Gulfport that shall cost in excess of
				  $50,000. For purposes of this operating procedure, "public works projects"
				  shall include both new construction and major maintenance projects. The term
				  "public works costs" shall mean the cost of engineering plus the cost of the
				  improvements (construction and maintenance).
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.2 - General Application

Current through June 25, 2024
This procedure assigns responsibilities and sets forth
				  specific guidelines for the solicitation, evaluation, recommendation, and final
				  selection of professional services to be engaged by the Mississippi State Port
				  Authority.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.3 - Special Consideration for Projects less than $50,000

Current through June 25, 2024
For projects that cost less than $50,000, the Executive
				  Director may modify these guidelines to meet the specific project requirements.
				  However, prior to a making a recommendation to the Port Commission, the
				  Executive Director shall have received written proposals from at least three
				  qualified firms.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.4 - Scope and Application

Current through June 25, 2024
This operating procedure applies to all Mississippi State
				  Port Authority management personnel involved in the solicitation, evaluation,
				  and recommendation of professional project management, architectural,
				  engineering, design, and construction management services. Selection of
				  professional services shall be made consistent with Section
				  73-13-45
				  of the Mississippi Professionals and Vocation Code.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.5 - Responsibility

Current through June 25, 2024
The Executive Director is primarily responsible for the
				  selection process. The Executive Director shall make the final recommendation
				  to the Port Commission. The award of professional services contracts rests with
				  the Mississippi State Port Authority Board of Port Commissioners. All firms
				  engaged to perform project management, architectural, engineering, design, and
				  construction management services shall perform such services in accordance with
				  contract terms and conditions approved by the Port Commission. It shall be the
				  responsibility of all firms seeking work at the Mississippi State Port
				  Authority to be familiar with this Operating Procedure, the Mississippi
				  Professional and Vocation Code, the MSPA Code of Ethics, and the Construction
				  General Conditions.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 15 - Procedure for Selection of Architectural & Engineering Services › Rule 28-301-15.6 - Procedures

Current through June 25, 2024
The process for solicitation and evaluation of professional
				  services recommended is as follows:
A.
RFQ/RFP
. Preparation of a Request for Qualifications and Proposal
				to include, but not be limited to the following information: Project
				Identification, Project Objective/Goal, Required professional services, Order
				of Magnitude Cost, Special Provisions, and Selection Criteria. If the project
				is associated with any previously performed feasibility study, strategic master
				plan, or special area plan, then a copy of the plan or study approved by the
				Port Commission shall be provided.
B.
Solicitation
. Proposals shall
				be solicited from qualified firms on an industry-wide basis and based upon the
				disciplines required. The Mississippi State Port Authority shall maintain an
				active list of firms interested in providing project management, architectural,
				engineering, design, and construction management on file with the MSPA staff
				Engineer. Firms seeking to be placed on a list of firms interested in providing
				services shall complete Standard Form #254 "Architect-Engineer and Related
				Services Questionnaire".
1.
Specific
				Request Projects
. For a specific project, a Request for Qualifications
				and Proposal shall be mailed to firms on the Port Authority's active list;
				shall be published in a newspaper of general circulation in Harrison County;
				shall be distributed to industry clearinghouses related to the specific
				services needed; and shall be mailed to firms on an industry wide basis who are
				normally engaged in the disciplined required.
2.
Non-Active List Firms
. As
				part of the Request for Qualifications, all firms not on MSPA's active list,
				shall provide a list of every job performed over the last three (3) years in
				the area of discipline being sought that is in excess of $100,000 or an amount
				comparable to the overall project budget as set by the Executive Director in
				the solicitation. Failure to disclose such information may be grounds to
				disqualify the firm.
3.
Cut-Off Date to Respond
. A specific cutoff date and time for
				submitting the required information will be included in the
				solicitation
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 16 - Sign Approval & Placement › Rule 28-301-16.1 - Purpose

Current through June 25, 2024
The purpose of this procedure is to establish control and
				  regulate the placement of signs of all types within the boundaries of the
				  port.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21