reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.1 - General Purpose

Current through June 25, 2024
A. The Mississippi
				Department of Finance and Administration (DFA) serves as the primary executive
				branch agency for fiscal management. Under §
									7-7-41, the
				State Fiscal Officer has the authority to prescribe rules and regulations
				concerning the issuance of warrants and other forms of payments for all
				departments, institutions and agencies of the state. Unless otherwise noted,
				this rule establishes that vendors of the State of Mississippi shall invoice
				electronically, be paid electronically, and shall be provided the supporting
				remittance detail by electronic means.
B. This rule is a means for reducing the
				costs to produce paper warrants and remittance advices. The State has
				documented significant savings in the move to electronic payment and
				remittance. The State avoids the costs associated with printing, sorting,
				distributing, copying, and mailing warrants. Additionally, the State has
				determined that there are reduced opportunities for fraud and lost payments
				under this means of payment and remittance. This rule is also a means of
				expediting the delivery and processing of vendor issued invoices by
				agencies.
C. Vendors benefit by
				receiving notification of pending deposits of funds and have options for
				interfacing the remittance data from the State into their accounts receivable
				systems. Vendors also benefit by submitting online invoices or importing a file
				of invoices to agencies, thus eliminating the costs associated with paper
				invoices.
§
										7-7-41,
				  27-104-33,
				  31-7-301
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.2 - Definitions

Current through June 25, 2024
A. ACH: Automated Clearing House. Affiliated
				with the U. S. Treasury and the Federal Reserve System and used as the conduit
				for electronic payments and collections.
B. EFT: Electronic Funds Transfer. Electronic
				Funds Transfer (EFT) provides for electronic payments and collections. EFT is
				safe, secure, efficient, and less expensive than paper check payments and
				collections. Issuance costs for EFT payments are approximately 80[CENT] less
				than the cost to issue the same payment on a paper warrant. EFT transactions
				use the ACH network associated with the Federal Reserve System.
1. The State of Mississippi uses "standard
				EFT" for transferring funds to employee bank accounts for direct deposit of
				payroll payments and for some transfers to checking accounts of State
				agencies.
2. The State uses expanded
				EFT in the transfer of funds and remittance information using PayModeTM. The
				State has established PayModeTM as the default payment method for those
				payments and transfers requiring supporting remittance
				information.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.3 - Contract Language Requirements

Current through June 25, 2024
All contracts, other than those for contract workers paid
				  through SPAHRS, entered into or amended on or after July 1, 2009, must contain
				  the following combined language for e-Payment and e-Invoicing:
The State requires the Contractor to submit invoices
				  electronically throughout the term of the agreement. Vendor invoices shall be
				  submitted to the state agency using the processes and procedures identified by
				  the State. Payments by state agencies using the Statewide Automated Accounting
				  System (SAAS), or any specific successor system (MAGIC) shall be made and
				  remittance information provided electronically as directed by the State. These
				  payments shall be deposited into the bank account of the Contractor's choice.
				  Contractor understands and agrees that the State is exempt from the payment of
				  taxes. All payments shall be in United States
				  currency.
§
										7-7-41
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.4 - Requirements for Transitioning to E-payment Vehicle

Current through June 25, 2024
A. All
				vendors set up as of April 1, 2006, for payment through standard EFT, unless
				otherwise approved as an exemption, must be enrolled in PayModeTM.
B. All vendors established as new vendors in
				the Statewide Automated Accounting System (SAAS) on or after April 1, 2006 must
				be established for e-payment and remittance via PayModeTM.
C. All remaining SAAS vendors, unless
				specifically exempted, must convert to PayModeTM on the schedule determined by
				the DFA.
D. To register for
				PayModeTM, vendors should go to the Bank of America's 
				TM enrollment website
				athttp://-v.pyinode.coin/mississippi. [File Link Not Available]
1. Vendor must have a valid email address in
				order to enroll with PayModeTM. This email address can be obtained through one
				of the free email services such as Yahoo, Gmail, or Hotmail.
2. Vendor must have access to a computer. As
				computers are generally accessible in all businesses, as well as in Public
				Libraries or other public forums, no exemption will be granted for having only
				limited or no access to a computer.
3. Vendor may request assistance in enrolling
				with the State's e-payment service provider by contacting PayMode Customer
				Support at 1-866-2527366.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.5 - Requirements for Transitioning to E-invoicing

Current through June 25, 2024
A. All vendors
				who contract with a state agency must agree to invoice the State electronically
				through PayMode.
B. To register for
				PayMode E-invoicing, vendors must first register with PayMode for E-
				payment.
C. Vendors must then
				complete additional information on the PayMode website to enroll in
				E-invoicing.
D. Vendors may request
				assistance in enrolling in PayMode E-invoicing by contacting PayMode Customer
				Support at 1-866-252-7366.
§
										7-7-41
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 1 - Mandatory Electronic Payment of Vendors and Electronic Invoicing by Vendors › Rule 12-4-1.6 - Exemptions

Current through June 25, 2024
A. The following are exemptions from this
				rule:
1. Payments to State employees as
				defined in §
										25-9-107;
2. Payments to Contract Workers note that
				Independent Contractors are not exempt from this rule (Additional information
				about Independent Contractor vs Employee may be found in IRS Publication
				15A);
3. Payments to Vendors
				specifically approved for "one of payments using the specific vendor number
				designated for that purpose by the Office of Fiscal Management;
4. Right-of-Way acquisition payments made by
				the Mississippi Department of Transportation;
5. Debt service payments made by the Office
				of the State Treasurer;
6. Tax
				payments to the Internal Revenue Service (standard EFT);
7. Tax payments to the Mississippi Department
				of Revenue (standard EFT);
8.
				Transfers to the Public Employees Retirement System of Mississippi (standard
				EFT)
9. Transfers to the
				Mississippi Deferred Compensation and Trust/SBA (standard EFT);
10. Payments to vendors who are approved for
				exemption by DFA (see VI.B).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.1 - Authority

Current through June 25, 2024
The Department of Finance and Administration (DFA) has
				  established the following Administrative rule to be followed when agencies, in
				  accordance with §27- 104-33, Mississippi Code of 1972, Annotated, elect to
				  accept payments by credit cards, charge cards, debit cards, electronic check
				  and other forms of electronic payment for various services and fees collectible
				  for agency purposes.
The State Department of Finance and Administration shall
				  establish policies that allow the payment of various fees and other accounts
				  receivable to state agencies by credit cards, charge cards, debit cards and
				  other forms of electronic payment in the discretion of the department. Any fees
				  or charges associated with the use of such electronic payments shall be
				  assessed to the user of the electronic payment as an additional charge for
				  processing the electronic payment.
Agencies with the approval of the Department of Finance and
				  Administration may bear the full cost of processing such electronic payment if
				  the agency can demonstrate to the department's satisfaction that they are able
				  to assume these costs and provide the related service for the same or lesser
				  cost.
§
										27-104-33
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.3 - Approvals for Internet-based Applications and Services for State Agencies

Current through June 25, 2024
A. E-government applications and services
				require additional review and approval by ITS and by DFA (in contrast to
				traditional software applications.) Because of the multiple costing models used
				by vendors for e-government applications, as well as the necessity for ensuring
				appropriate security for all public-facing applications, the normal ITS
				procurement delegations to agencies do not apply for these types of
				acquisitions. In addition, DFA must approve and schedule any implementations
				that involve payments. See 001-025 Approvals for Internet-based Applications
				and Services in the ITS Procurement Handbook.
				http://dsitspe01.its.ms.qov/its/procman.nsf/TOC4?OpenView [File Link Not
				Available]
§
										25-53-151(2)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.4 - Payment Applications - Fees Paid By Consumer

Current through June 25, 2024
A.
				Agency applications accepting payments shall use the third party electronic
				payment processor designated by DFA to accept electronic payments for various
				services and fees collectible for agency purposes unless express written
				approval is given by DFA for the use of an alternate payment processor.
1. Designated payment processor is to be used
				regardless of where the application is hosted (agency, ITS,
				third-party).
2. Rules for
				obtaining approval of an alternate payment processor are found in Section
				V.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.5 - Payment Applications - Fees Paid By Agency

Current through June 25, 2024
A.
				Agencies desiring to pay all fees associated with electronic processing of
				payments must demonstrate to DFA their ability to do so and receive express
				written approval from DFA. The Electronic Government Oversight Committee must
				also approve this procedure and include it in the agencies cost model. Agencies
				must demonstrate they are able to assume the cost and provide the same service
				for the same or lesser cost of the pre-portal service. Requirements for
				requesting approval are outlined in section VI of these rules.
B. Agency applications accepting payments
				shall use the third party electronic payment processor designated by DFA to
				accept electronic payments for various services and fees collectible for agency
				purposes unless express written approval is given by DFA for the use of an
				alternate payment processor.
1. Designated
				payment processor is to be used regardless of whether the particular
				application is a POS application, an application hosted through the
Mississippi.gov i
nfrastructure, or an
				application hosted through other ASPs.
2. Rules for obtaining approval of an
				alternate payment processor are found in section V.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.6 - Approval of an Alternate Payment Processor

Current through June 25, 2024
A. An agency
				wishing to use an alternate payment processor must submit a written request to
				the Department of Finance and Administration, Office of Fiscal Management,
				Attn: Portal Transactions, 501 North West Street, Suite 701
B, Jackson, MS 39201. Request for an alternate payment
				  processor will be coordinated through the EOC to ensure procurement procedures
				  are followed and that cost model data can be included for future state
				  projects.
B. The written
				request must state:
1. The reason(s) the
				State-approved payment processor is not suitable for the agency
				application.
2. The impact if the
				request is not granted.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.7 - Approval for All Fees to Be Paid By Agency

Current through June 25, 2024
A. An agency
				wishing to obtain approval to bear the full cost of processing electronic
				payments should address the written request to the Department of Finance and
				Administration, Office of Fiscal Management, Attn: Portal Transactions, 501
				North West Street, Suite 701 B, Jackson, MS 39201. This request will be
				coordinated with EOC to ensure the funding model approved by the EOC remains
				intact.
B. The request must state
				whether the application is web-based or of another type (example: Point of Sale
				(POS), over the counter (OTC), subscription, Interactive Voice Recognition
				(IVR)).
C. The agency must describe
				the agency application including:
1. The
				agency program supported.
2. The
				items (services) offered for sale or collections.
3. The individual item costs.
4. An estimate of the processing cost "per
				transaction" for the items (services) to be sold.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.8 - Approval to Waive E- Government Transaction Fees

Current through June 25, 2024
A. An
				agency wishing to obtain approval for a waiver of E-Government
Transaction Fees should address the written request to the
				  Department of Information Technology Services, Attention: E-Government
				  Oversight Committee, 3771 Eastwood Drive, Jackson, MS 39211.
B. If an agency is granted a waiver the
				agency should send a copy of the approval to The Department of Finance and
				Administration, Bureau of Financial Documents, P.O. Box 1060, Jackson, MS
				39215-1060. .
§
										25-53-151(2)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.10 - Payment Card Industry Data Security Standards (PCI-DSS)

Current through June 25, 2024
A. State agencies accepting credit and/or
				debit cards through an approved alternate payment processor will comply with
				Payment Card Industry Data Security Standards (PCI- DSS) to safeguard
				cardholder and sensitive cardholder data, regardless of revenue input source.
				(e.g. Internet application, point-of-sale, Interactive Voice Recognition
				System, etc. Agencies must provide to DFA yearly, proof of the alternate
				processor's compliance with PCI-DSS.
27-104-33
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.11 - Development/Hosting Options and Ultimate Responsibility for PCI-DSS and Fines and Penalties

Current through June 25, 2024
A. Through a
				contracted partnership with NIC and Mississippi Interactive (MSI), DFA now
				provides payment processing services through RFP 3564, Project Number 37577,
				Statement Of Work 001, Payment Processor Solution. MSI/NIC is the official
				"Merchant of Record" for payments processed online through the Common Checkout
				Page (CCP) and Transaction Processing Engine (TPE), reducing the PCI-DSS
				compliance responsibility for the State of Mississippi by locating the software
				and hardware for payment processing at NIC's PCI Compliant data center.
				Agency's will be responsible for training their employees on proper handling of
				credit card data should they receive it in any other manner outside of the NIC
				provided solution. This includes completing SAQ A attesting that they have
				outsourced all electronic processing and properly trained employees. *Please
				Note: CCP and TPE are components of NIC's PCI Compliant Payment Services that
				separate the state's online application from communicating directly with the
				payment processor.
B.
				Responsibility for PCI-DSS continues for agencies that connect their
				applications to payment processors outside of TPE or CCP within in the state.
				Also, in the event that an application requires the manual handling or entry of
				credit card information by agency personnel, the agency is responsible for PCI
				compliance at the SAQ A level for all individuals within the agency processing
				those payments. For more information on PCI-DSS SAQ A, please visit:
https://www.pcisecuritystandards.org/
.
§
										25-53-151(2)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.12 - Security Breaches and Notifications

Current through June 25, 2024
A. In the event of
				a security breach, credit card or debit card data could be compromised.
				Agencies will immediately terminate the application/services to preserve
				evidence and notify:
1. DFA's Chief Systems
				Information Officer at 601-359-6570.
2. Mississippi Department of Information
				Technology Services, Security Division at 601-432-8180 and E-Government at
				(601) 432-1846.
3. Mississippi
				State Attorney General's Office, Consumer Protection Division at (601) 359-3680
				or 1 (800) 281-4418 and the Cyber Crimes Division at (601) 359-3817.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 4 - MS Management Reporting Systems › Chapter 2 - Part IV Payments by Credit Card, Charge Card, Debit Cards or Other Forms of Electronic Payment of Amount Owed to State Agencies › Rule 12-4-2.13 - Appeal Process

Current through June 25, 2024
A. An agency
				wishing to appeal a cease and desist letter must submit a written request to
				the Department of Finance and Administration, Director, Office of Fiscal
				Management, 501 North West Street, Suite 701 -B, Jackson, Ms 39201.
B. The agency must provide the following
				information in the written request:
1. The
				agency program supported.
2. The
				items (services) offered for sale or collections.
3. The individual item costs.
4. An estimate of the processing cost "per
				transaction" for the items (services) to be sold.
5. The number of items sold per year and the
				total cost of those items.
6. A
				detailed description of how the system works.
7. A detailed list of software operating on
				the system.
8. A detailed list of
				equipment, including the name, model number, and purposed of the
				equipment.
9. A detailed
				description of accounting entries made to account for revenue and processing
				and other fees.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 5 - Capitol Facilities › Chapter 1 - Guidelines for the Placement of Honorary Markers on the Grounds of the New Capitol Building › Rule 12-5-1.1 - Purpose

Current through June 25, 2024
The following guidelines have been established to govern the
				  review and approval process of proposals to place permanent markers on the
				  grounds of the New Capitol Building in honor of individuals and/or
				  organizations. Regarding the placement of honorary markers on the grounds of
				  the New Capitol Building, it should be noted that the grounds have historically
				  been the location of elements that honor individuals rather than groups or
				  organizations with preference given to individuals with a long history of state
				  service or other contributions the State.
It is the policy that the
				  tradition of honoring important individuals associated with state government
				  continues in this most appropriate public location.
§
										29-5-2,
				  29-5-77,
				  29-5-81
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 5 - Capitol Facilities › Chapter 1 - Guidelines for the Placement of Honorary Markers on the Grounds of the New Capitol Building › Rule 12-5-1.2 - Proposal Submission Process

Current through June 25, 2024
The following steps apply to all proposals for long-term
				  and/or living memorial displays at the
New State Capitol.
1. Submit a preliminary proposal. The
				proposal must include:
a. Identification of
				the person for whom the memorial will be placed;
b. Short Bio and description of the person's
				contribution(s) to the State;
i. The proposal
				must demonstrate that the contributions benefitted a preponderance of the
				citizens of the State of Mississippi;
c. Identification of the person and/or entity
				submitting the proposal including contact information;
i. Designate a single contact person with
				contact information.
The proposal must be submitted to the Director of the DFA
				  Office of Capitol Facilities 90 days prior to the proposed time of the marker
				  placement.
Proposals may be mailed to:
Mississippi Department of Finance & Administration
Office of Capitol Facilities
P. O. Box 267
Jackson, MS 39205
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 5 - Capitol Facilities › Chapter 1 - Guidelines for the Placement of Honorary Markers on the Grounds of the New Capitol Building › Rule 12-5-1.3 - Proposal Review

Current through June 25, 2024
1. All preliminary
				proposals will be reviewed by a committee including the: Department of Archives
				& History - New State Capitol Building Historian, the Director of the
				Office of Capitol Facilities, and the DFA Supervisor of Grounds Maintenance.
a. The committee may request further
				information from the designated contact person.
b. The committee reserves the right to deny
				any preliminary proposal if it is determined that it does not meet the
				guidelines.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 5 - Capitol Facilities › Chapter 1 - Guidelines for the Placement of Honorary Markers on the Grounds of the New Capitol Building › Rule 12-5-1.4 - Living Markers

Current through June 25, 2024
Living Markers consist of trees planted in honor of respected
				  citizens of the State of Mississippi.
1. DFA reserves the right to select the tree
				type and location due to planting conditions, tree hardiness, supply
				availability, as well as, maintenance and design considerations.
2. Living Markers are not perpetual. The MS
				Department of Finance & Administration will endeavor to maintain and
				protect the plant with the best of horticultural practices. Every effort will
				be made to preserve and protect plants and trees in accordance with the highest
				horticultural and maintenance standards. However, the State cannot insure the
				plant from demise or damage due to severe weather conditions, extenuating
				natural causes, or potential vandalism.
§
										29-5-2,
				  29-5-77,
				  29-5-81
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 5 - Capitol Facilities › Chapter 1 - Guidelines for the Placement of Honorary Markers on the Grounds of the New Capitol Building › Rule 12-5-1.5 - Definitions

Current through June 25, 2024
As used in these Guidelines, the following definitions
				  apply:
1. "Capitol Complex" means the capitol building and all state
				  buildings established by §
									29-5-81.
2. "Living Memorial" includes new or replacement trees,
				  shrubs, gardens, or other plantings commemorating an individual, organization,
				  and or event.
3. "State Capitol" means the New Capitol
				  Building.
§
										29-5-2,
				  29-5-77,
				  29-5-81
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Sec2 12-6-1.101 - Purpose of the Mississippi Procurement Manual › Section 12-6-1.101.01 - Interpretation, Purposes and Policies

Current through June 25, 2024
(1) Interpretation
These regulations shall be construed and applied to promote
					 their underlying purposes and polices.
(2) Purposes and Policies
The underlying purposes and polices of these regulations
					 are:
(a) To simplify, clarify, and
				  modernize the regulations governing procurement by agencies of the State of
				  Mississippi;
(b) To permit the
				  continued development of procurement policies and practices;
(c) To provide for increased public
				  confidence in the procedures followed in public procurement;
(d) To ensure the fair and equitable
				  treatment of all persons who deal with the procurement system of this
				  State;
(e) To provide increased
				  economy in the State of Mississippi procurement activities and to maximize to
				  the fullest extent practicable the purchasing value of public funds of the
				  State;
(f) To foster effective
				  broad-based competition with the free enterprise system; and
(g) To provide safeguards for the maintenance
				  of a procurement system of quality and integrity
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Sec2 12-6-1.101 - Purpose of the Mississippi Procurement Manual › Section 12-6-1.101.02 - Purpose and Implementation of these Regulations

Current through June 25, 2024
These regulations, issued by the Mississippi Public
					 Procurement Review Board (PPRB), hereafter referred to as the Board,
					 establishing policies, procedures, and guidelines related to the procurement,
					 management, control, and disposal of commodities and equipment, as applicable,
					 under the authority of these regulations. These regulations are designed to
					 achieve maximum practicable uniformity throughout the State. Therefore,
					 implementation by and within Mississippi agencies shall be consistent with
					 these regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Sec2 12-6-1.102 - Purchasing Laws and Regulations › Section 12-6-1.102.01 - 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 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 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Section 12-6-1.104 - Application of the Regulations

Current through June 25, 2024
(1) General
				Application
These regulations apply only to contracts solicited or
				  entered into after the effective date of these regulations unless the parties
				  agree to its application to a contract solicited or entered into prior to the
				  effective date.
(2)
				Application to Mississippi Procurement
These regulations shall apply to every expenditure of public
				  funds irrespective of their source, when such expenditures are made in
				  compliance with or are designated by Section
				  31-7-1, et
				  seq. Mississippi Code of 1972, Annotated. However, in the event of a conflict,
				  the guidelines of the grant, gift, or self-generated funds shall prevail; and
				  in any case, violation of these regulations shall carry such penalties as may
				  be applicable under state laws.
(3) Application to Service and Construction
				Contracts
Agencies which are under the authority of the Office of
				  Personal Service Contract Review (OPSCR) shall follow the guidelines set forth
				  in the State of Mississippi Personal Service Contract Rules and Regulations
				  adopted by the PPRB.
The regulations herein shall apply to contracts for
				  construction unless they conflict with regulations and procedures established
				  by the Bureau of Buildings, Grounds and Real Property Management. When such
				  conflict arises, the provisions set forth by the Bureau of Building, Grounds,
				  and Real Property Management shall take precedent.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Section 12-6-1.105 - Severability

Current through June 25, 2024
If any provision of these regulations or any application
				  thereof to any person or circumstance is held invalid, such invalidity shall
				  not affect any other provision or application of these regulations which can be
				  given effect without the invalid provision or application, and to this end the
				  provisions of these regulations are declared to be severable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Section 12-6-1.106 - Duration

Current through June 25, 2024
These regulations, when approved by the Public Procurement
				  Review Board (PPRB) as authorized by Section
				  31-7-9,
				  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 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Section 12-6-1.108 - 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, i n accordance with each state entity's
				  policies and procedures.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Section 12-6-2.101 - Organization

Current through June 25, 2024
The Public Procurement Review Board (PPRB) as provided for
				  under Section
				  27-104-7,
				  Mississippi Code of 1972, Annotated shall approve any purchasing regulation
				  established as provided for in Section
				  31-7-9,
				  Mississippi Code of 1972, Annotated, and shall act upon those purchasing
				  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.
The membership of the Board shall be governed by Section
				  27-104-7
				  and consists of three (3) individuals appointed by the Governor with the advice
				  and consent of the Senate; two (2) individuals appointed by the Lieutenant
				  Governor with the advice and consent of the Senate; and the Executive Director
				  of the Department of Finance and Administration, serving as an ex officio and
				  nonvoting member.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.102 - The Office of Purchasing, Travel and Fleet Management › Section 12-6-2.102.01 - Procurement Regulations

Current through June 25, 2024
(1) Regulations
				  shall be promulgated by the Office of Purchasing, Travel and Fleet Management,
				  with approval of the Public Procurement Review Board (PPRB), in accordance with
				  authority granted under Section
				  31-7-9,
				  Mississippi Code of 1972, Annotated.
(2) Regulations shall not change existing
				  contract rights.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.102 - The Office of Purchasing, Travel and Fleet Management › Section 12-6-2.102.02 - Deviation from these Regulations

Current through June 25, 2024
The Public Procurement Review Board (PPRB) may approve
					 deviations to these regulations and may delegate the authority to approve such
					 deviations to the Chief Procurement Officer. Any such deviation shall be based
					 on a determination by the Board or the Chief Procurement Officer that it is to
					 the best interest of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.102 - The Office of Purchasing, Travel and Fleet Management › Section 12-6-2.102.03 - Agency Procurement Officials

Current through June 25, 2024
State agencies must designate purchasing agents as defined
					 in Section 1.107 herein for reporting to OPTFM.
On or before January 1 of each year, and every time a
					 purchasing agent is hired, each state agency shall provide to OPTFM the name of
					 each purchasing agent and information identifying the state agency's central
					 purchasing office, including location and director, if
					 applicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.102 - The Office of Purchasing, Travel and Fleet Management › Section 12-6-2.102.04 - Amendment to these Regulations

Current through June 25, 2024
These regulations may be amended by the Office of
					 Purchasing, Travel and Fleet Management, with the approval of the Public
					 Procurement Review Board (PPRB), as authorized in Section
					 31-7-9,
					 Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-2.103.01 - Contracts › Section 12-6-2.103.01.1 - Competitive Bid Contracts

Current through June 25, 2024
The competitive bid contracts are established on the
						basis of written specifications and sealed competitive bids with a contract or
						contracts being awarded to the vendor or vendors that have submitted the lowest
						and best bid which meets the specifications. All state agencies are required to
						purchase from the awarded contract vendor unless written approval is obtained
						from the OPTFM prior to obtaining quotes or soliciting bids regardless of the
						cost. There are times when an agency needs a product which is similar to items
						covered on state contract but has determined that the item on contract will not
						meet the needs of the using agency. Agencies are allowed to purchase similar
						items up to $1,000 without obtaining P-1 approval. The agency should note on
						the PO how the item is different from the items on state contract and should
						note in their files why the items on contract would not meet the specific needs
						of the agency. Requests for purchases of similar items in excess of $1,000 must
						be submitted to the Office of Purchasing, Travel and Fleet Management on a P-1
						with justification.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-2.103.01 - Contracts › Section 12-6-2.103.01.2 - Negotiated Contracts

Current through June 25, 2024
The negotiated contracts are established on the basis of
						proposals from many vendors. These proposals are evaluated with contracts being
						awarded to all vendors whose prices are "comparable." These contracts may be
						used by any agency. These negotiated contracts are "convenience" contracts and
						shall serve to establish a maximum price that can be paid for any item covered
						by the contract and does not preclude further downward negotiations by the
						buying agency and/or the Office of Purchasing, Travel and Fleet Management i f
						volume so dictates. Agencies may purchase items covered by a negotiated
						contract from other than the contract vendor provided they follow the
						applicable procedures set forth in Section
						31-7-13(a),
						Mississippi Code of 1972, Annotated; ( a) purchases under $5,000 may be made
						without any quotes or bids; (b) if the purchase exceeds $5,000 but is not over
						$50,000 two quotes are required; or (c) purchases over $50,000 may be made from
						the lowest and best bidder after properly advertising. In addition, agencies
						purchasing items covered by a negotiated contract from other than the contract
						vendor and following the procedures set forth in Section
						31-7-13(c),
						Mississippi Code of 1972, Annotated, purchases over $50,000, shall submit a
						Request for Authority to Purchase, P-1, t o the Office of Purchasing, Travel
						and Fleet Management f or approval prior to making the
						purchase.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-2.103.01 - Contracts › Section 12-6-2.103.01.3 - Cooperative Contracts

Current through June 25, 2024
Statewide Cooperative Contracts are established on the
						basis of reviewing and selecting solicited contracts from written
						specifications and sealed competitive bids or by those on a multiple award
						scheduled by consortiums which show a demonstrative cost savings. These
						contracts are usually awarded to the vendor that has submitted the lowest bid
						that meets specifications. All state agencies are allowed to purchase from
						cooperative contracts approved by the Office of Purchasing, Travel, and Fleet
						Management. Governing authorities may purchase from other than the awarded
						vendor provided they purchase an identical item at or below contract
						price.
Municipalities - Section
						31-7-59,
						Mississippi Code of 1972, Annotated; State Agencies - Section
						31-7-13,
						Mississippi Code of 1972, Annotated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Sec2 12-6-2.103.01 - Contracts › Section 12-6-2.103.01.4 - Statewide Agency Contracts

Current through June 25, 2024
The statewide agency contracts are established on the
						basis of competitive bids by a specific state agency. The statewide agency
						contract must be approved by the OPTFM prior to any purchases being made. The
						availability of statewide agency contracts to various agencies is dependent
						upon the terms of the agreement and a determination by the OPTFM t hat the
						prices should be available to other agencies. See Section 10.106, Procedures
						for Establishing an Agency Contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Section 12-6-2.103.02 - Open-Market Purchases

Current through June 25, 2024
Commodities that are not covered by any state contract may
					 be purchased on the open market provided the agency follows the requirements
					 set forth in Section
					 31-7-13,
					 Mississippi Code of 1972, Annotated. Purchases of items that are not covered by
					 any state contract in excess of $50,000 must be approved by the OPTFM prior to
					 issuance of a purchase order. The OPTFM will supervise the procurement of all
					 commodities by state agencies and shall, upon receipt of the Request for
					 Authority to Purchase, P-1, ascertain that all aspects of the purchase are in
					 compliance with state statutes. The OPTFM will also have the authority to
					 reject requests which are determined not to be in the best interest of the
					 State. The OPTFM shall have the authority to grant exemption from the
					 requirement for P-1 approval if it is determined to be in the best interest of
					 the agency and would be an economically feasible transaction. Proper procedures
					 for submitting a Request for Authority to Purchase, P-1, are covered in
					 Subsection 3.124.01, Request for Authority to Purchase, P-1.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Section 12-6-2.103.03 - Rental, Lease, Lease-Purchase of Equipment and Furniture

Current through June 25, 2024
Commodities that are not covered by any state contract may
					 be rented or leased on the open market provided the agency follows the
					 requirements set forth in Section
					 31-7-13,
					 Mississippi Code of 1972, Annotated. Rental of items that are not covered by
					 any state contract in excess of $50,000 must be approved by the OPTFM prior to
					 issuance of a purchase order. The Office of Purchasing, Travel and Fleet
					 Management will supervise the rental of all commodities by state agencies and
					 shall, upon receipt of the Request for Authority to Purchase, P-1, ascertain
					 that all aspects of the rental are in compliance with state statutes. The OPTFM
					 will also have the authority to reject requests which are determined not to be
					 in the best interest of the State. The OPTFM shall have the authority to grant
					 exemption from the requirement for P-1 approval if it is determined to be in
					 the best interest of the agency and would be an economically feasible
					 transaction. Proper procedures for submitting a Request for Authority to
					 Purchase, P-1, are covered in Subsection 3.124.01, Request for Authority to
					 Purchase, P-1. Agencies should also refer to Section 3.117, Lease Contracts,
					 for further discussion of lease contracts.
To determine if advertising is required, the agency should
					 multiply the rental payment by the number of payments to determine a total cost
					 for the term of the rental. For example: A 36-month contract at $1400/month
					 would be $1400 x 36 = $50,400 and would require advertising. A 3-year contract
					 at $800/quarter would be $800 x 12 = $9,600 and would require at least two
					 written quotes. No agency personnel shall enter into any lease-purchase
					 contract except as is provided for in Sections
					 31-7-10
					 and/or
					 31-7-13(e),
					 Mississippi Code of 1972, Annotated.
It shall be unlawful for any agency to enter into any
					 single lease-purchase transaction for any items having an acquisition cost of
					 less than $10,000.
The OPTFM shall have the right to disapprove any
					 lease-purchase agreement regardless of authority if it is determined to create
					 excessive cost and not be in the best interest of the State.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Section 12-6-2.103.04 - Commodities, Equipment, and Printing

Current through June 25, 2024
The Office of Purchasing, Travel and Fleet Management shall
					 supervise the procurement of all commodities, equipment, and printing by state
					 agencies and shall, upon receipt of Request for Authority to Purchase, P-1,
					 ascertain that all aspects of the purchase are in compliance with state
					 statutes. The OPTFM shall have the authority to solicit additional quotes if,
					 upon reviewing the P-1, t here is reason to believe that the bids received by
					 the requesting agency are not competitive.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.103 - Responsibility of the Office of Purchasing, Travel and Fleet Management › Section 12-6-2.103.05 - Information Distribution

Current through June 25, 2024
The OPTFM will make the information available through
					 electronic methods of information distribution.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.105 - Training and Certification › Section 12-6-2.105.01 - Eligibility Requirements and Maintaining Certification

Current through June 25, 2024
The minimum procurement experience and training
					 requirements are as follows:
(1)
				  Certified Mississippi Purchasing Agent (CMPA) requirements:
(a) New employees should register for first
				  available class;
(b) Successfully
				  complete Mississippi Basic Purchasing Certification Program coursework;
				  and
(c) Pass the CMPA exam with a
				  score of 70% or higher.
(d)
				  Recertify every five (5) years by following the same process as listed
				  above.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 2 - Procurement Organization › Sec2 12-6-2.105 - Training and Certification › Section 12-6-2.105.02 - Further Information

Current through June 25, 2024
Information on registration, training opportunities,
					 continuing education and resources are available on the Office of Purchasing,
					 Travel and Fleet Management website.