Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Section 27-100-1-201 - DEFINITIONS

Current through June 25, 2024
The words defined in this section shall have the meaning set
				  forth below whenever they appear in the regulations, unless:
(a) the context in which they are used
				clearly requires a different meaning; or,
(b) a different definition is prescribed for
				a particular chapter or provision.
1-201.01
Definition of Terms Used in the Regulations
(a)
Agency
shall be defined as
				any state board, commission, committee, council, department or unit thereof
				created by the constitution or statutes if such board, commission, committee,
				council, department, unit, or the head thereof is authorized to appoint
				subordinate staff by the constitution or statute, except a legislative or
				judicial board, commission, committee, council, department, or unit thereof,
				Institutes of Higher Learning, Community College Board, and the Mississippi
				Department of Transportation.
(b)
Agency Head
means the person in charge of an Agency whether that
				person's title is Director, Executive Director, Commissioner, etc. The term
				"Agency Head" shall also encompass a designee duly appointed by the Agency
				Head, except with regard to written determinations under Section 3-206
				(Sole-Source Procurement) and Section 3-207 (Emergency Procurement).
(c)
Board
shall mean the
				Personal Service Contract Review Board.
(d)
Business
means any
				corporation, partnership, individual, sole proprietorship, joint stock company,
				joint venture, or any other nonpublic legal entity.
(e)
Change Order
means a written
				order signed by the Procurement Officer directing the contractor to make
				changes which the changes clause of the contract authorizes the Procurement
				Officer to order without the consent of the contractor.
(f)
Consultant
means the person
				holding the position as Contract Analyst with the PSCRB.
(g)
Contract
means all types of
				agreement for the procurement of services, regardless of what they may be
				called between at least two parties.
(h)
Contract Modification
means
				any written alteration in contract requirements, deliverables, delivery point,
				rate of delivery, period of performance, price, quantity, or other provisions
				of any contract accomplished by mutual action of the parties to the contract.
(i)
Contractor
means
				any person having a contract with a governmental body.
(j)
Data
means recorded
				information, regardless of form or characteristic.
(k)
Day
means calendar day,
				unless otherwise specified.
(l)
Designee
means a duly authorized representative of a person
				holding a superior position.
(m)
Employee
means an individual who performs services for a
				governmental body by virtue of an employee/employer relationship with the
				governmental body.
(n)
May
denotes the permissive.
(o)
MAGIC
means Mississippi's
				Accountability System for Government Information and Collaboration. See SPAHRS.
(p)
Person
means any
				business, individual, union, committee, club, other organization, or group of
				individuals.
(q)
Procurement
means buying, purchasing, or otherwise acquiring any
				services. It also includes all functions that pertain to the obtaining of any
				services, including description of requirements, selection and solicitation of
				sources, preparation and award of contract and all phases of contract
				administration.
(r)
Procurement Officer
means any agency personnel duly authorized to
				enter into and administer contracts and make written determinations with
				respect thereto. The term also includes an authorized agency representative
				acting within the limits of authority.
(s)
Purchasing Agency
means any
				governmental body which is authorized by regulations to enter into contracts.
(t)
Regulation
means
				a governmental body's statement, having general or particular applicability and
				future effect, designed to implement, interpret, or prescribe law or policy, or
				describing organization, procedure, or practice requirements, which has been
				promulgated in accordance with the Mississippi Administrative Procedures Act,
				Mississippi Code Annotated §§ 25-43-1
et seq.
(u)
Services
mean the
				furnishing of labor, time, or effort by a contractor, not usually involving the
				delivery of a specific end product other than that which is incidental to the
				required performance.
(v)
Shall
denotes the imperative.
(w)
SPAHRS
means the State
				Payroll and Human Resources System or any other state system that replaces
				SPAHRS, including Mississippi's Accountability System for Government
				Information and Collaboration (hereinafter referred to as "MAGIC").