Mississippi Administrative Code › Title 12 - Finance and Administration › Part 6 - Office of Purchasing, Travel and Fleet Management › Chapter 1 - General Provisions › Section 12-6-1.107 - Definitions

Current through June 25, 2024
The words defined in this section shall have the meanings set
				  forth below whenever they appear in the regulations, unless:
(1) The context in which they are used
				clearly requires a different meaning; or
(2) A different definition is prescribed for
				a particular chapter or provision.
(a) Agency
				- as defined in Section
				31-7-1,
				Mississippi Code of 1972, Annotated.
(b) Agency Procurement Officer - any person
				duly authorized to enter into and administer contracts and make written
				determinations with respect thereto. The term also includes an authorized
				representative acting within the limits of authority.
(c) Board - the Public Procurement Review
				Board (PPRB).
(d) Business - any
				corporation, partnership, individual, sole proprietorship, joint stock company,
				joint venture, or any other private legal entity.
(e) Certified Purchasing Office - any
				purchasing office in which 50% or more of the purchasing agents hold a
				certification from the Universal Public Purchasing Certification Council or
				other nationally recognized purchasing certification, and in which, in the case
				of a state agency purchasing office, in addition to the national certification,
				one hundred percent (100%) of the purchasing officials hold a certification
				from the State of Mississippi's Basic or Advanced Purchasing Certification
				Program.
(f)Change Order - a
				written order signed by the Agency Procurement Officer directing the contractor
				to make changes. The changes clause of the contract authorizes the Agency
				Procurement Officer to order change without the consent of the
				contractor.
(g) Chief Procurement
				Officer - the person holding the position as the Director of the Office of
				Purchasing, Travel and Fleet Management.
(h) Construction - the process of building,
				altering, improving, renovating or demolishing a public structure, public
				building, or other public real property. It does not include routine operation,
				routine repair or regularly scheduled maintenance of existing public
				structures, public buildings, or other public real property.
(i) Contract - all types of Mississippi
				agreements, regardless of what they may be called, for the procurement or
				disposal of commodities, equipment, services, or construction.
(j) Contract Modification - any written
				alteration in specifications, delivery point, rate of delivery, period of
				performance, price, quantity, or other provisions of any contract accomplished
				by mutual action of the parties to the contract.
(k) Contractor - any person having a contract
				with a governmental body.
(l) Data
				- recorded information, regardless of form or characteristic.
(m) Designee - a duly authorized
				representative of a person holding a superior position.
(n) Employee - an individual drawing a salary
				from a governmental body, whether elected or not, and any non-compensated
				individual performing personal services for any governmental body.
(o) Governing Authority - as defined in
				Section
				31-7-1,
				Mississippi Code of 1972, Annotated.
(p) May - denotes the permissive.
(q) Must - to be required or compelled
				to
(r) Person - any business,
				individual, union, committee, club, other organization, or group of
				individuals.
(s) Procurement -
				buying, purchasing, renting, leasing, or otherwise acquiring any commodities,
				equipment, services, or construction. It also includes all functions that
				pertain to the obtaining of any commodities, equipment, services, or
				construction, including description of requirements, selection and solicitation
				of sources, preparation and award of contract and all phases of contract
				administration.
(t) Purchase -
				buying, renting, leasing or otherwise acquiring.
(u) Purchasing Agency - any governmental body
				other than the Office of Purchasing, Travel and Fleet Management which is
				authorized by regulations, or by way of delegation from the Chief Procurement
				Officer, to enter into contracts.
(v) Purchasing Agent - any administrator,
				superintendent, purchase clerk or other chief officer so designated having
				general or special authority to negotiate for and make private contract for or
				purchase for any governing authority or agency, including issue purchase
				orders, invitations for bid, requests for proposals, and receive and accept
				bids.
(w) Regulation - a
				governmental body's statement, having general or particular applicability and
				future effect, designed to implement, interpret, or prescribe law or policy, or
				describing organization, procedure, or practice requirements, which has been
				promulgated in accordance with Section
				31-7-9,
				Mississippi Code of 1972, Annotated.
(x) Reverse Auction - an online auction in
				which sellers bid against each other to win a buyer's business. Typically used
				to purchase commodities from multiple pre-qualified providers. Also referred to
				as eAuction.
(y) Services - the
				furnishing of labor, time, or effort by a vendor or supplier, not involving the
				delivery of a specific end product other than reports which are merely
				incidental to the required performance. This term shall not include employment
				agreements or collective bargaining agreements.
(z) Shall - denotes the imperative.