reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.111 - Information Applicable to Services › Section 12-6-10.111.02 - Small Purchase Procurement Card Services

Current through June 25, 2024
In accordance with Section
					 7-7-23,
					 Mississippi Code of 1972, Annotated, the State Fiscal Officer established a
					 general rule to allow state agencies to make certain purchases without first
					 issuing a purchase order. The various state agencies may make purchases under
					 the Small Purchase Procurement Card Program established by the Office of
					 Purchasing, Travel and Fleet Management provided, however, that all such
					 purchases shall be made in compliance with the minimum policies and procedures
					 established by the Office of Purchasing, Travel and Fleet Management. The Chief
					 Procurement Officer or his/her designee of Office of Purchasing, Travel and
					 Fleet Management shall have the authority to limit the ability of any agency to
					 use the Small Purchase Procurement Card Program if it is determined that the
					 agency is not in compliance with the policies and procedures. Policies,
					 procedures, and guidelines on the Procurement Card Program can be found in the
					 State Procurement Card Guidelines.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.111 - Information Applicable to Services › Section 12-6-10.111.03 - State of Mississippi Procurement Card Program

Current through June 25, 2024
The Office of Purchasing, Travel and Fleet Management
					 maintains a contract for a Procurement Card Program. The intent of this
					 Procurement Card Program is to allow government entities to make small
					 purchases of commodities, repairs, or services easier and more economical. This
					 card is accepted by a wide variety of businesses offering goods and services.
					 Government entities may use the Procurement Card to make purchases which are
					 bona fide needs of the entity.
The maximum amount of a single purchase transaction shall
					 be $5,000 (entities may establish stricter guidelines.) Municipalities need to
					 follow requirements by law for issuing purchase orders. The procedures for the
					 program can be found in the State Procurement Card Guidelines.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.111 - Information Applicable to Services › Section 12-6-10.111.04 - Procurement Card Program Exception

Current through June 25, 2024
If an agency establishes the fact that the State
					 Procurement Card program cannot or will not meet the needs of the agency, the
					 agency may submit a request for approval from the Office of Purchasing, Travel
					 and Fleet Management t o establish their own procurement card program.
When the approval from the Office of Purchasing, Travel and
					 Fleet Management has been received, the procedures established in Section
					 3.107, Competitive Sealed Proposals, must be followed. Prior to any award,
					 justification must be submitted to the Office of Purchasing, Travel and Fleet
					 Management i ndicating how their program better meets the needs of the agency
					 and indicate the differences from that of the State Procurement Card
					 Program.
If a governing authority establishes the fact that the
					 Small Purchase Procurement Card cannot or will not meet the needs of the
					 governing authority, the governing authority may submit a request for approval
					 from their governing board to establish their own Procurement Card program by
					 following the procedures established in Section 3.107, Competitive Sealed
					 Proposals. Approval of such action shall be placed on the minutes of the board
					 of the governing authority and a copy of the approval sent to the Office of
					 Purchasing, Travel and Fleet Management.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.112 - Credit Cards and Club Membership Cards › Section 12-6-10.112.01 - Balances On Accounts

Current through June 25, 2024
Balances on credit cards shall be paid at the receipt of
					 the monthly statement, once the statement has been reconciled for accuracy.
					 Balances on credit cards shall not be carried over to the next month except on
					 disputed claims and only for the disputed amount. Any amounts due on credit
					 cards shall incur interest charges as set forth in Section
					 31-7-305,
					 Mississippi Code of 1972, Annotated, which only allows for an interest rate of
					 1 -% per month to be applied to any unpaid balance not paid within 45
					 days.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.112 - Credit Cards and Club Membership Cards › Section 12-6-10.112.02 - Limitations of Use

Current through June 25, 2024
The Chief Procurement Officer or his/her designee shall
					 have the authority to limit the ability of any government entity to use
					 procurement cards, credit cards and club membership cards if it is determined
					 that the entity is not in compliance with the minimum policies and procedures
					 established by this office.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.112 - Credit Cards and Club Membership Cards › Section 12-6-10.112.03 - Merchant-Specific Credit Cards

Current through June 25, 2024
The use of the Small Purchase Procurement card should
					 prevent the need for merchant specific credit cards (i.e. Walmart, Home Depot,
					 Texaco, etc.) and should be utilized if the need for a credit card is
					 established. Exceptions may be approved if circumstances arise which require
					 the need for a merchant specific credit card. State agencies desiring to obtain
					 a merchant specific credit card shall submit to the Office of Purchasing,
					 Travel and Fleet Management f or approval, written justification for the need
					 of a merchant-specific credit card.
Governing authorities desiring to obtain a merchant
					 specific credit card shall submit to their governing board for approval,
					 written justification for the need of a merchant specific credit card. Approval
					 of such action shall be placed on the minutes of the board of the governing
					 authority.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 10 - Special Procedures › Sec2 12-6-10.112 - Credit Cards and Club Membership Cards › Section 12-6-10.112.05 - Membership Club Cards

Current through June 25, 2024
Membership club card fee's, such as Sam's club cards, are
					 allowed but should be justified by the agency or governing authority to show
					 that the anticipated savings from using the card would exceed the cost of the
					 card fee. This justification should be maintained on file with the government
					 entity. Each subsequent year, the government entity shall document actual
					 savings for the previous year which substantiate the cost of the card. This
					 would not mean documenting savings on each and every purchase but enough
					 documentation to substantiate adequate savings to justify the expense of the
					 card.
State agencies desiring to obtain a membership club card
					 shall submit to the Office of Purchasing, Travel and Fleet Management f or
					 approval with written justification for the need of a membership club
					 card.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.1 - Introduction

Current through June 25, 2024
This debt management policy is designed to provide for the
				  effective management of the general obligation debt issued by the State of
				  Mississippi under the purview of the State Bond Commission in a manner
				  consistent with state and federal law and State Bond Commission policies.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.2 - Debt Management Objectives

Current through June 25, 2024
The State Bond Commission's objectives within this policy
				  are to maintain (1) compliance with state and federal law, (2) cost-effective
				  access to the capital markets through prudent policies, and (3) moderate debt
				  and debt service payments with effective planning.
The State Bond Commission will revise this document as
				  needed to comply with changes to federal and state guidelines or State Bond
				  Commission policies.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.3 - Debt Issuance Authority and Limitations

Current through June 25, 2024
The State Bond Commission is established under the statutory
				  authority of Section
				  31-17-1,
				  Mississippi Code of 1972. The State of Mississippi issues its general
				  obligation debt only upon authorization granted by the Mississippi Legislature
				  through the passage of legislation. The authority for the Bond Commission to
				  issue variable rate debt is found in Sections
				  31-18-3 and
				  31-18-5.
				  The Bond Commission is further authorized by Section
				  31-17-153
				  to make temporary borrowings in anticipation of the issuance of state-supported
				  debt.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.4 - Solicitation and Procurement

Current through June 25, 2024
When allowed by state law, the State Bond Commission may use
				  a competitive or a negotiated process to select the bond counsel, financial
				  advisor, swap advisor, underwriter, swap counterparty, liquidity provider,
				  paying agent, insurer, remarketing agent, trustee, surety provider, etc. for
				  its debt as the State believes business, market or competitive conditions
				  justify such a process.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.5 - Build America Bonds

Current through June 25, 2024
The American Recovery and Reinvestment Act of 2009 ("ARRA")
				  authorized bonds known as Build America Bonds ("BABs"). ARRA added Section 54AA
				  to the Internal Revenue Code (the "Code"), which authorizes state and local
				  governments to issue BABs as taxable governmental bonds with federal subsidies
				  for a portion of the borrowing costs. Direct Payment BABs are a type of Build
				  America Bond that provides a direct federal subsidy to the government issuer in
				  an amount equal to 35% of the state interest on the bonds. Recovery Zone
				  Economic Development Bonds, like the Direct Payment BABs, provide a federal
				  subsidy to the issuer in an amount equal to 45% of the state interest on the
				  bonds. IRS Notice 2009-26 sets forth guidance on issuing BABs and on the
				  payment of the interest subsidy. BABs had to be issued prior to January 1,
				  2011.
In general, a Build America Bond is any obligation that (1)
				  is not a private activity bond, (2) but for Section 54AA of the Code, it would
				  be a tax exempt obligation under Section 103 of the Code, (3) is issued before
				  January 1, 2011, and (4) the issuer makes an election to have Section 54AA
				  apply. In order for an issuer to receive the 35% subsidy from the US Treasury,
				  the Build America Bonds must be "qualified bonds" under Section 54AA which
				  means that 100% of "available project proceeds" of the bond issue must be used
				  for capital expenditures after allowing for a reasonably required reserve fund.
				  "Available project proceeds" are the excess of the proceeds of the sale of the
				  BABs over costs of issuance financed by the issue of not more than 2 percent,
				  plus investment earnings on the excess.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.6 - Variable Rate Debt

Current through June 25, 2024
Variable rate debt is a useful tool for the State Bond
				  Commission to utilize to diversify its debt portfolio, reduce interest costs,
				  provide interim financing for capital projects and improve the match of assets
				  to liabilities. The State Bond Commission will use the guidelines set forth
				  below to evaluate potential uses of variable rate debt and/or derivatives in
				  managing the State's overall interest rate risk profile. Each transaction will
				  be evaluated and analyzed for the long-term implications of such agreements for
				  the State's finances and will be structured to complement the overall
				  asset/liability position of the State. When recommending the use of variable
				  rate debt and/or derivatives, the State Bond Commission will examine, among
				  other things, the cost of borrowing, historical interest rate trends,
				  risk-reward trade-offs, variable rate debt capacity, and opportunities to
				  refund associated debt obligations. The Commission must approve all state
				  supported debt and derivative transactions.
A. Variable Rate Debt Guidelines
Permitted Instruments - The State may use at its discretion
				  variable rate instruments and interest rate swaps or similar agreements which
				  result in the State effectively paying interest at a rate or rates which vary
				  from time to time. Decisions about which mode of variable rate debt to incur at
				  any point in time will be based on the relative costs, benefits and risks to
				  the State. Factors to consider will include:
1. Cost and availability of liquidity
				facilities and/or letters of credit/bond insurance;
2. Cost to implement and manage the program
				on an ongoing basis;
3. Ability to
				convert to a different interest rate mode or redemption flexibility;
4. Trading performance of underlying variable
				rate securities;
5. Demand in the
				market.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.7 - Derivatives

Current through June 25, 2024
This section sets forth the State's policy as it relates to
				  derivatives, which may be entered into prior to, simultaneously with or
				  subsequent to any related fixed or variable rate transaction. The use of
				  derivatives is intended to reduce the State's exposure to fluctuations in
				  interest rates incurred through the issuance of variable-rate debt or to hedge
				  interest rates on the future issuance of general obligation debt. However,
				  these instruments can be used in certain instances to reduce the burden of
				  high-interest, fixed-rate debt by converting State's obligations from
				  fixed-rate to variable-rate.
A.
				Guidelines
1. Permitted Instruments - The
				State may use the following instruments on either a previously issued, current
				or forward basis in connection with state-supported debt with the objectives of
				lowering the cost of borrowing and/or interest rate risk:
a. Interest Rate Swaps - including
				fixed/floating swaps, basis swaps and constant maturity swaps;
b. Interest rate caps, floors and collars;
c. Options associated with
				interest rate swaps (swaptions), caps, floors and collars;
d. Forward swap agreements; or
e. Other interest rate hedge agreements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.8 - Post Issuance Compliance

Current through June 25, 2024
The Director of the Bond Advisory Division of the Department
				  of Finance and Administration (DFA) shall be the Bond Compliance Officer
				  responsible for each bond issuance under the purview of the State Bond
				  Commission of the State of Mississippi. All information related to State-issued
				  bonds and the facilities/projects financed by the bonds shall be submitted to
				  the Bond Compliance Officer.
A.
				Post-Issuance Compliance Checklist and Continuing Education
1. Post-Issuance Compliance Checklist -
				Immediately upon issuing any bonds, the Bond Compliance Officer in conjunction
				with Bond Counsel shall complete the Post-Issuance Compliance Checklist
				(Exhibit A) and the attached Schedules in order to establish and clearly define
				the roles and responsibilities relating to the ongoing compliance activities
				for a bond issue and to identify compliance requirements.
2. Continuing Education - The Bond Compliance
				Officer will actively seek out advice of Bond Counsel on any matters that
				appear to raise ongoing compliance concerns and will attend or participate in
				seminars, teleconferences, etc. sponsored by organizations such as GFOA, SIFMA,
				NABL or NAST that address compliance issues and developments in the tax-exempt
				bond arena.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.9 - Voluntarily Correcting Failures to Comply with Post-Issuance Compliance Activities

Current through June 25, 2024
If the persons responsible for ensuring compliance with
				  activities defined in this policy discover that a violation with federal tax
				  laws may have occurred, it may address the violation through the applicable
				  method listed below:
A. Taking
				remedial actions as described in Section 141 of the Internal Revenue Code.
B. Utilizing the Voluntary Closing
				Agreement Program (VCAP) - Section 7.2.3 of the Internal Revenue Manual
				establishes the voluntary closing agreement program for tax-exempt bonds (TEB
				VCAP) whereby issuers of tax-exempt bonds can resolve violations of the
				Internal Revenue Code through closing agreements with the Internal Revenue
				Service. The applicability of the remedial action regulations and VCAP to
				Direct Payment BABs is unclear at this time.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.10 - Coordination with State Agencies to Ensure Compliance with Debt Management Policies

Current through June 25, 2024
The State Bond Compliance Officer is charged with the
				  responsibility throughout this document of ensuring compliance with matters
				  related to the pre-issuance and post-issuance of tax-exempt debt and Direct
				  Payment BABs issued by the State of Mississippi through the State Bond
				  Commission. Many of these compliance activities will require coordination with
				  various state agencies and other entities outside of state government.
A. Each state agency or other entity
				receiving bond proceeds through the issuance of tax-exempt bonds/notes or
				Direct Payment BABs shall designate a person to serve as the Debt Management
				Compliance Coordinator.
1.  The Debt
				Management Compliance Coordinator for each entity receiving proceeds from the
				issuance of tax-exempt bonds/notes or Direct Payment BABs shall meet with the
				Debt Compliance Officer (via telephone conference call or in person) to ensure
				that all requirements are clearly understood. The meeting shall include a
				discussion on record retention and record submission for the following
				documents:
a. Bid advertisements/actual bids
				related to contracts for services (engineering, architectural, construction,
				etc.) and documentation of bid acceptance/contract approval
b. Copies of contracts for services to be
				rendered
c. Invoices related to
				all phases of projects
d.
				Advertisement related to availability of grant funds, if applicable
e. Actual grant applications and
				documentation of grant review process
f. Approved list of grant recipients
g. Change orders related to the
				project
h. Documentation for
				payment of invoices (payment vouchers, checks, wire transfers, etc.)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Rule 12-7-1.11 - Debt Management Policy Review

Current through June 25, 2024
The State Bond Commission shall designate representatives
				  (to include the Debt Management Coordinator) to review this policy at least
				  annually, and suggest revisions or updates as deemed appropriate.
§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Exhibit 12-7-1-A - Post Issuance Compliance Checklist

Current through June 25, 2024
(Name of Bond Issue)
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§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 7 - Bond Advisory Division › Chapter 1 - Debt Management Policy › Exhibit 12-7-1-B - Derivatives Checklist

Current through June 25, 2024
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§
										31-17-1,
				  31-18-3,
				  31-18-5,
				  31-17-153
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.10 - PURPOSE

Current through June 25, 2024
The purpose of the Department of Finance and Administration
				  (DFA), Bureau of Building, Grounds and Real Property Management Leasing Manual
				  is to set forth all laws and regulations, along with any other pertinent
				  information, that shall be in effect with the implementation of Title 29,
				  Chapter 5, Section 2, Paragraph c, Mississippi Code of 1972, Annotated. The
				  policies and procedures set forth herein apply to any lease or rental
				  agreements by any state agency or department, including any state agency
				  financed entirely by federal and special funds, for space outside the buildings
				  under the jurisdiction of the Department of Finance and Administration and
				  subject to the approval of the Public Procurement Review Board (PPRB). Also
				  included are policies and procedures applicable to the leasing of agricultural
				  and other lands under the control of the Department of Corrections (DOC) and
				  the Department of Wildlife, Fisheries and Parks (DWFP) to private entities
				  subject to the approval of the PPRB. This Manual is intended to be a thorough
				  representation of procedures relative to leasing by all state agencies.
				  Further, it shall serve as a source of information for vendors instructing them
				  as to the proper procedures that must be followed in doing business with the
				  State. For the purpose of this document, all definitions found in Section
				  31-7-1,
				  Mississippi Code of 1972, Annotated, shall apply.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.11 - LEASING RELATED LAWS AND REGULATIONS

Current through June 25, 2024
Laws relative to the Department of Finance and
				  Administration, Bureau of Building, Grounds and Real Property Management and
				  the leasing process in general may be found in Title 29, Chapter 5, Section 2
				  of the Mississippi Code of 1972, Annotated. Additional laws applicable to
				  leasing include, but are not limited to the following:
(1) Mississippi Code of 1972, Annotated,
				Section
				7-7-27(1)
				addressing no pre-payment of leases unless waived by PPRB upon recommendation
				of DFA Financial Control.
(2)
				Mississippi Code of 1972, Annotated, Section 25-9-15(e) addressing leasing of
				space for records storage.
(3)
				Mississippi Code of 1972, Annotated, Section
				27-104-7(c)
				addressing posting of need for space, review and preapproval of leases prior to
				advertisement.
(4) Mississippi
				Code of 1972, Annotated, Section
				29-13-1(1)
				addressing insurance of buildings and personal property in floodplains.
(5) Mississippi Code of 1972,
				Annotated, Section
				31-7-301
				addressing timely payments.
(6)
				Mississippi Code of 1972, Annotated, Sections
				47-5-64,
				47-5-66
				and
				49-5-13
				addressing leasing of agricultural and other lands of DOC and DWFP to private
				entities.
(7) Mississippi Code of
				1972, Annotated, Section
				71-11-3
				addressing employee status verification.
(8) Code of Federal Regulations, 36 CFR part
				61 addressing professional qualifications when alterations to Mississippi
				Landmark, or potentially eligible properties are involved.
(9) Code of Federal Regulations, 28 CFR parts
				35 and 36 addressing Americans with Disabilities Act of 1990, Title II and
				Title III.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.12 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE

Current through June 25, 2024
Unless displaced by the particular provisions of these
				  regulations, the principles of law and equity, including the Uniform Commercial
				  Code of this State, the law merchant, and law relative to the capacity to
				  contract, agency, fraud, misrepresentation, duress, coercion, mistake, or
				  bankruptcy shall supplement the provisions of these regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.14 - APPLICATION

Current through June 25, 2024
(1)
General Application:
These
				regulations only apply to contracts solicited or entered into after the
				effective date of this manual or portion thereof unless the parties agree to
				its application to a contract solicited or entered into prior to the effective
				date.
(2)
Conflicting
				Regulations:
Where grant, gift, or other Federal requirement is
				applicable such additional requirements shall apply. Where a conflict exists,
				the guidelines of a grant, gift or Federal law shall prevail, however; where
				specific provisions of this manual are more restrictive and are not explicitly
				contradicted by Federal law, the most restrictive provisions shall apply.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.15 - 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 to this end the
				  provisions of these regulations are declared to be severable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.16 - DURATION

Current through June 25, 2024
These regulations, when approved by the PPRB as authorized
				  by Section 24-104-7, Mississippi Code of 1972, Annotated, shall be in effect as
				  written until amended or repealed by the Board.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-100 - GENERAL › Section 12-8-100.18 - PUBLIC ACCESS TO PROCUREMENT INFORMATION

Current through June 25, 2024
Procurement information shall be public record to the extent
				  provided in Section
				  25-61-1,
				  Mississippi Code of 1972, Annotated, in accordance with each state entity's
				  policies and procedures.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.1 - ORGANIZATION

Current through June 25, 2024
Within the Department of Finance and Administration is the
				  Public Procurement Review Board (PPRB) as provided for under Section
				  27-104-7,
				  Mississippi Code of 1982, Annotated. The Board shall adopt regulations
				  governing any lease or rental agreement by any state agency or department and
				  shall act upon those leases and rental transactions as may be, from time to
				  time, designated by the Board as requiring Board approval. The Board shall also
				  act on other such transactions as would be required by the procedures set forth
				  in the regulations presented herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.2 - REAL PROPERTY MANAGEMENT DIVISION

Current through June 25, 2024
It shall be the responsibility of the Bureau of Building,
				  Grounds and Real Property Management, Real Property Management (RPM) Division
				  to supervise the lease and rental of space outside the buildings under the
				  jurisdiction of the Department of Finance and Administration entered into by
				  agencies and departments of the State.
Each agency and department of the State shall be responsible
				  for the procurement of leases and rental agreements needed by that agency or
				  department in compliance with Section
				  27-104-7,
				  Mississippi Code of 1972, Annotated, and with the policies and procedures
				  established herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.3 - LEASE PROCUREMENT REGULATIONS

Current through June 25, 2024
(1) Regulations
				shall be promulgated by the RPM Division with approval of the PPRB.
(2) Regulations shall not change existing
				contract rights.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.4 - DEVIATION FROM THESE REGULATIONS

Current through June 25, 2024
The rental markets throughout the State are, in many cases,
				  unique to their particular area as to the availability and cost of the
				  different types of rental property. Additionally, agencies and departments have
				  property needs and requirements that are often unique to that particular agency
				  or department. In recognition of these factors, the PPRB may approve deviations
				  to these regulations on a case by case basis and may delegate the authority to
				  approve such deviations to the RPM Division Director. Any such deviation shall
				  be based on a determination by the Board or the RPM Division Director that it
				  is in the best interest of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.5 - ITEMS REQUIRING BOARD APPROVAL

Current through June 25, 2024
The requesting agencies and departments are required to
				  submit all Lease Requests to the RPM Division through BRICKS prior to entering
				  of Lease Contracts in MAGIC. As outlined below, the RPM Division will be
				  required to obtain PPRB approval prior to processing these requests.
Agencies and departments are advised that they shall not
				  award any lease or rental agreement prior to approval by the PPRB if the lease
				  or rental agreement requires PPRB approval. When approval requests are
				  received, the RPM Division will evaluate the request and provide a
				  recommendation to the Board. The PPRB has regularly scheduled monthly meetings.
				  Requests should be submitted not later than the deadline posted on PPRB's
				  website. Requests received after this time may be delayed until the next
				  regular meeting of the Board. Requests for new or succeeding leases for
				  agencies and departments in current leases should be submitted not less than
				  three months but not more than twelve months prior to the expiration of current
				  leases to allow for exercising of the unilateral 90 day extension clause
				  contained in RPM Division standard lease should new or succeeding lease be
				  rejected by the PPRB. The PPRB requires that the following items be brought
				  before the Board for approval:
(1) Any
				lease of office, warehouse or other space in a building outside the
				jurisdiction of the Department of Finance and Administration;
(2) Any lease of vacant land;
(3) Any lease of parking or hangers;
(4) Any lease of residential
				space;
(5) Any lease of sixteenth
				section land;
(6) Any lease to
				private entity of agricultural or other lands under the control of DOC;
(7) Any lease to private entity of
				agricultural lands under the control of DWFP;
(8) Any amendments to any of the above lease
				types:
(9) Renewals of any of the
				above lease types;
(10) Requests
				for deviation from regulations; and,
(11) Policies and procedures which relate to
				the leasing or rental of space outside of buildings under the jurisdiction of
				the Department of Finance and Administration.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.6 - SUBMISSION REQUIREMENTS

Current through June 25, 2024
Requests for PPRB approval submitted to the RPM Division
				  through BRICKS shall include all pertinent documentation required to review and
				  validate that Lease or proposed modifications thereto are in compliance with
				  applicable provisions of these regulations and shall include, but not
				  necessarily be limited to the following:
(1) RPM Division Statement of Facts Form;
(2) RPM Division Lease Proposal
				Forms & Required Attachments (All Proposals Received);
(3) RPM Division Space Evaluation Form;
(4) RPM Division Market Rent
				Survey Form (Succeeding Leases Only);
(5) Lease / Amendment Form executed by Lessor
				(Not Signed by Lessee);
(6) Proof
				of Advertisement (New Competitive Leases Only);
(7) RLP Package (Including Any / All
				Addenda);
(8) RPM Division Total
				Cost Evaluation Form (Including Documentation for Estimated Costs);
(9) Evaluation Report (New Competitive Leases
				Only); and
(10) Any / all
				applicable Justification Letters (Location Flexibility, Space Utilization,
				Minimum Overall Space Efficiency, Deviation from Regulations).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-200 - PROCUREMENT ORGANIZATION › Section 12-8-200.7 - RESPONSIBILITY OF THE REAL PROPERTY MANAGEMENT DIVISION

Current through June 25, 2024
The PPRB, acting through the RPM Division of the Bureau of
				  Building, Grounds and Real Property Management, shall have approval authority
				  over the types of transactions listed in this section and in accordance with
				  the procedures set forth. The RPM Division has the responsibility to serve the
				  State objectively, economically and efficiently; to provide effective service
				  to the state agencies and departments; and to follow fair and ethical practices
				  with all suppliers. However, this authority does not extend to governing
				  authorities. Governing authorities are not required to obtain approval of PPRB
				  for lease and rental agreements.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.2 - EXEMPTIONS NOT REQUIRING APPROVAL

Current through June 25, 2024
Unless otherwise ordered by regulation of the PPRB, the
				  following items are exempt from the competitive procurement process and do not
				  require approval by the RPM Division or PPRB:
(1) Leases of space in buildings under the
				jurisdiction of the Department of Finance and Administration;
(2) Leases or space rental agreements
				required for participation at trade shows, conventions, conferences and similar
				events not hosted by the agency or department where agency or department
				provides written justification that it is in the best interest of the State to
				be represented at such event;
(3)
				Leases or space rental agreements required for hosting by agency or department
				of seminars, conferences, training and similar events where agency or
				department provides written narrative of efforts made to consider multiple
				alternatives and to obtain best value for the State. Where such agreements also
				include provisions related to accommodations and/or meals, additional
				regulations and/or approvals may be required by the Office of Purchasing,
				Travel and Fleet Management; and,
(4) Leases of vacant land acquired by the
				Wireless Communication Commission for the construction of towers or to locate
				equipment supporting the statewide wireless communications system.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.3 - EXEMPTIONS REQUIRING APPROVAL

Current through June 25, 2024
Unless otherwise ordered by regulation of the PPRB, the
				  following items are exempt from advertisement and competitive procurement but
				  do require approval by the PPRB:
(1)
				Leases of space in buildings under the jurisdiction of other state agencies and
				departments, state universities and community colleges, or other subdivisions
				of government where no rent is assessed or where charges are documented to be
				limited to direct costs to operate and maintain the building in accordance with
				300.9.1;
(2) Succeeding Leases in
				accordance with 300.9.2;
(3)
				Emergency Leases in accordance with 300.9.3;
(4) Vacant Land Leases in accordance with
				300.9.4;
(5) Parking, Hanger &
				Boat Slip Leases in accordance with 300.9.5;
(6) Mini-Storage Leases in accordance with
				300.9.6;
(7) Month-to-Month Leases
				in accordance with 300.9.7; and,
(8) Sixteenth Section Land Leases in
				accordance with 300.9.8.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.4 - REAL PROPERTY DIVISION PRE-APPROVAL

Current through June 25, 2024
For all leases not otherwise exempt from competitive
				  procurement per 300.2
Exemptions Not Requiring Approval
or
				  300.3
Exemptions Requiring Approval
, each agency seeking to
				  lease space shall provide the following information that shall be published by
				  the RPM Division on its website on or before the time for advertisement of the
				  RLP in accordance with Mississippi Code of 1972, Annotated, Section
				  27-104-7(c).
				  Information shall be provided no less than thirty days prior to date proposed
				  for first advertisement. Failure to obtain pre-approval prior to advertisement
				  will necessitate re-advertisement by the agency or department.
(1)
Proposed RLP Package:
The
				use of applicable RPM Division template RLP forms and template Lease Contracts
				without deviation is required unless it is determined that such documents are
				either not practicable or not advantageous to the State for the specific lease
				request in the opinion of the RPM Division Director. Any proposed deviations
				and/or supplementary conditions to template forms and/or template Lease
				Contract shall be clearly identified in the applicable sections of the template
				documents. Where deviations from template documents are proposed, a written
				justification by the Agency Head indicating why the template documents are
				either not practicable or not advantageous to the State shall also be
				included.
(2)
Space
				Evaluation Form:
The RPM Division form shall be completely filled out to
				document that space to be requested is either in compliance with Space
				Utilization Guidelines or that deviation is requested in which case written
				justification by the agency shall also be included.
(3)
Advertisement Form:
Advertisement shall identify the agency or department seeking space,
				approximate amount of usable square feet requested, type of space requested,
				desired location of space requested, length of initial term requested, agency
				contact information and deadline for receipt of proposals.
(4)
Location Flexibility:
Desired location shall be defined as broadly as possible to encourage
				competition. Space leased for statewide or regional offices should identify
				multiple counties or municipalities. Where an RLP identifies a single county or
				municipality, such RLP shall be accompanied by a written justification by the
				Agency Head indicating why location flexibility is not possible.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.5 - GENERAL PROVISIONS

Current through June 25, 2024
(1)
Extension
				of Time for Acceptance of Lease Proposal:
After opening proposals, the
				Agency Procurement Officer may request offerors to extend the time during which
				the State entity may accept their proposals. The reasons for requesting such
				extension shall be documented.
(2)
Only One Proposal Received:
If only one responsive proposal is
				received in response to an RLP, an award may be made to the single offeror if
				the Agency Procurement Officer finds that the price is fair and reasonable, and
				that either the other prospective offerors had reasonable opportunity to
				respond, or there is not adequate time for re-solicitation. Otherwise, the
				proposal shall be rejected pursuant to the provisions of Section
				300.8
Competitive Sealed Lease Proposals
and the solicitation
				re-advertised or canceled. If the Agency Procurement Officer determines in
				writing that the need for space continues, but that the price of the one
				proposal is not fair and reasonable, and where extension of any current lease
				by unilateral (where permitted by contract) or mutual consent is not possible,
				and there is not time for re-solicitation or re-solicitation would likely be
				futile, the procurement may then be conducted under Section
				300.9(3)
Emergency Leases
if an emergency is justified and
				declared by the agency.
(3)
No Proposal Received:
If no proposal is received in response to a
				RLP, the solicitation may be re-advertised or canceled. If the Agency
				Procurement Officer determines in writing that the need for space continues,
				extension of any current lease by unilateral (where permitted by
contract) or mutual consent is not possible, and that there
				  is not time for re-solicitation or re-solicitation would likely be futile, the
				  procurement may then be conducted under Section 300.9(3)
Emergency
				  Leases
if an emergency is justified and declared by the agency.
(4)
Alternates:
If pricing for one or more alternates is included in
				an RLP, the solicitation shall indicate if providing alternate pricing is
				mandatory or optional and state the conditions under which such alternates may
				accepted.
(5)
Conditional
				Proposals:
Any proposal which is conditioned upon receiving award of
				both the particular lease being solicited and another lease, contract or action
				of the agency shall be deemed nonresponsive and not acceptable.
(6)
Unsolicited Proposals:
Any
				proposal which is submitted other than in response to an advertised
				solicitation shall not be acceptable where lease is not exempt from competitive
				procurement but may be considered where lease is exempt, provided proposal
				complies with all applicable provisions of 300.9
Non-Competitive
				Proposals
.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.6 - ASSIGNMENT AND NOVATION

Current through June 25, 2024
(1)
Assignment:
No lease contract subject to PPRB approval is
				transferable or otherwise assignable without prior approval of the PPRB,
				however; a Lessor may assign monies receivable under a contract after due
				notice to the State and the contracting entity, and with the approval of the
				RPM Division Director.
(2)
Change of Name:
When a Lessor requests to change the name in which
				it holds a contract with the State, or where such change is necessitated by the
				death of a property owner, the agency shall, upon receipt of a document
				indicating such change of name (for example, an amendment to the articles of
				incorporation of the corporation), enter into an agreement with the requesting
				Lessor to effect the change. The agreement changing the name shall specifically
				indicate that no other terms and conditions of the contract are changed.
(3)
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 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.7 - METHOD OF SOURCE SELECTION

Current through June 25, 2024
Unless otherwise authorized by law, all Mississippi
				  contracts for lease and space rental agreements shall be procured by
				  competitively pursuant to 300.8
Competitive Sealed Lease
				  Proposals
, except as provided in:
(1) Section 300.9(1)
Leases with Other
				State Agencies, Institutions and Divisions of Government
;
(2) Section 300.9(2)
Succeeding
				Leases
;
(3) Section
				300.9(3)
Emergency Leases
;
(4) Section 300.9(4)
Vacant Land
				Leases;
(5) Section
				300.9(5)
Parking, Hanger & Boat Slip Leases;
(6) Section 300.9(6)
Mini-Storage
				Leases;
(7) Section
				300.9(7)
Month-to-Month Agreements;
(8) Section 300.9(8)
Residential
				Leases;
and,
(9) Section
				300.9(9)
Sixteenth Section Land Leases.