Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-201 - DEFINITIONS › Section 12-9-1-201.01 - Definition of Terms Used in the Regulations

Current through June 25, 2024
(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, such as a chief procurement
				  officer, except with regard to written determinations under Section 3-206
				  (Sole-Source Procurement) and Section 3-207 (Emergency Procurement).
(c)
Agency Procurement File
means the file maintained throughout the procurement process by the agency
				  which shall contain all pertinent documents and evidence in the event of a
				  protest or an audit.
(d)
Board
shall mean the Public Procurement Review Board.
(e)
Business
means any
				  corporation, partnership, individual, sole proprietorship, joint stock company,
				  joint venture, or any other nonpublic legal entity.
(f)
Change Order
means a written
				  order signed by the Chief Procurement Officer directing the contractor to make
				  changes which the changes clause of the contract authorizes the Chief
				  Procurement Officer to order without the consent of the contractor.
(g)
Chief 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 his or
				  her authority.
(h)
Consultant
means the person holding the position as Contract
				  Analyst with the PPRB.
(i)
Contract
means all types of agreement for the procurement of
				  services, regardless of what they may be called between at least two parties.
(j)
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.
(k)
Contractor
means any person having a contract with a governmental
				  body.
(l)
Data
means
				  recorded information, regardless of form or characteristic.
(m)Day means calendar day, unless otherwise
				  specified.
(n)
Designee
means a duly authorized representative of a person
				  holding a superior position.
(o)
Employee
means an individual who performs services for a
				  governmental body by virtue of an employee/employer relationship with the
				  governmental body.
(p)
May
denotes the permissive.
(q)
MAGIC
means Mississippi's
				  Accountability System for Government Information and Collaboration. See SPAHRS.
(r)
Person
means any
				  business, individual, union, committee, club, other organization, or group of
				  individuals.
(s)
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.
(t)
Purchasing Agency
means any governmental body which is authorized
				  by regulations to enter into contracts.
(u)
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 §§
										25-43-1.101
etseq.
(v)
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.
(w)
Shall
denotes the
				  imperative.
(x)
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").