reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.06 - Authority of Hearing Officer

Current through June 25, 2024
The hearing officer, in the conduct of the hearing,
					 may:
(a) hold informal conferences to
				  settle, simplify, or fix the issues in a proceeding, or to consider other
				  matters that may aid in the expeditious disposition of the proceeding either by
				  consent of the parties or upon such officer's own motion;
(b) require parties to state their positions
				  with respect to the various issues in the proceeding;
(c) require parties to produce for
				  examination those relevant witnesses and documents under their control;
(d) rule on motions, and other
				  procedural items on matters pending before such officer;
(e) regulate the course of the hearing and
				  conduct of participants therein;
(f) receive, rule on, exclude, or limit
				  evidence, and limit lines of questioning or testimony which are irrelevant,
				  immaterial, or unduly repetitious;
(g) fix time limits for submission of written
				  documents in matters before such officer;
(h) impose appropriate sanctions against any
				  party or person failing to obey an order under those procedures, which
				  sanctions may include:
(1) refusing to allow
				  the disobedient party to support or oppose designated claims or defenses, or
				  prohibiting that party from introducing designated matters in evidence;
(2) excluding all testimony of an
				  unresponsive or evasive witness; and,
(3) expelling any party or person from
				  further participation in the hearing;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.07 - Hearing Procedures

Current through June 25, 2024
(a) Hearings shall
				  be as informal as may be reasonable and appropriate under the circumstances and
				  in accordance with applicable due process requirements. The weight to be
				  attached to evidence presented in any particular form will be within the
				  discretion of the hearing officer. Stipulations of fact agreed upon by the
				  parties may be regarded and used as evidence at the hearing. The parties may
				  stipulate the testimony that would be given by a witness if the witness were
				  present. The hearing officer may require evidence in addition to that offered
				  by the parties.
(b) A hearing may
				  be recorded but need not be transcribed except at the request and expense of
				  the contractor or prospective contractor. A record of those present,
				  identification of any written evidence presented, and copies of all written
				  statements and a summary of the hearing shall be sufficient record.
(c) Opening statements may be made unless a
				  party waives this right.
(d) All
				  witnesses may be cross-examined.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.08 - Determination of Hearing Officer - Final Decision

Current through June 25, 2024
The hearing officer shall prepare a written determination
					 recommending a course of action. Such determination shall be given to the PPRB
					 and the head of a purchasing agency. Copies shall also be sent to the
					 contractor or prospective contractor, the DFA Special Assistant Attorney
					 General, and the affected using agency. The contractor or prospective
					 contractor shall have ten (10) days to file comments upon the hearing officer's
					 determination. The PPRB may request oral argument. After consultation with the
					 using agency and the DFA Special Assistant Attorney General, the PPRB shall
					 issue a final decision. Both the hearing officer's determination and the final
					 decision shall recite the evidence relied upon. When debarment is recommended
					 or ordered, the length of the debarment, the reasons for such action, and to
					 what extent affiliates are affected shall be set forth. In addition, the final
					 determination shall inform the debarred person of his rights to judicial review
					 under this chapter of these regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.09 - Effect of Debarment Decision

Current through June 25, 2024
A debarment decision will take effect upon issuance and
					 receipt by the contractor or prospective contractor. After the debarment
					 decision takes effect, the contractor shall remain debarred until the debarment
					 period specified in the decision expires.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-101 - DEBARMENT OR SUSPENSION › Section 12-9-5-101.10 - Maintenance of List of Debarred and Suspended Persons

Current through June 25, 2024
The PPRB shall maintain and update a list of debarred and
					 suspended persons. All agencies of the State shall be supplied with this list.
					 The PPRB shall send updates of this list to all agencies of the State as
					 necessary. Such list shall be available to the public upon request.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-201 - APPEAL AND REVIEW OF PUBLIC PROCUREMENT REVIEW BOARD DECISIONS

Current through June 25, 2024
(a)
Appeal.
Any person
				receiving an adverse decision, the State, or both may appeal from a decision by
				the PPRB to the designated court or courts of the State.
(b)
Authorization of Appeal by the
				State.
No such appeal shall be made by the State unless recommended by
				the PPRB or the head of the agency involved.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-202 - DISCONTINUANCE OF CONTRACTOR'S APPEAL

Current through June 25, 2024
After notice of an appeal to the PPRB has been filed with
				  the PPRB, a contractor may not discontinue such appeal without prejudice,
				  except as authorized by the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-203 - VIOLATION OF LAW › Section 12-9-5-203.01 - Determination that Solicitation or Award Violates Law

Current through June 25, 2024
A solicitation or award may be in violation of the law due
					 to actions of state employees, bidders or offerors, contractors, or other
					 persons. After consultation with the DFA Special Assistant Attorney General,
					 the PPRB or an Agency Head may determine that a solicitation or contract award
					 is in violation of the provisions of the
Mississippi Public Procurement
					 Review Board Office of Personal Service Contract Review Rules and
					 Regulations.
After consultation with the DFA Special Assistant
					 Attorney General, the Ethics Commission may determine that a solicitation or
					 award violates the Ethics in Public Contracting provisions of the
Mississippi Public Procurement Review Board Office of Personal Service
					 Contract Review Rules and Regulations.
Any such determination shall be
					 made in writing after an opportunity to be heard is given, and such
					 determination is subject to appropriate appeal.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-203 - VIOLATION OF LAW › Section 12-9-5-203.02 - Finding of Bad Faith or Fraud

Current through June 25, 2024
Bad faith or fraud shall not be assumed. Specific findings
					 showing reckless disregard of clearly applicable laws or regulations must
					 support a finding of bad faith. A finding of fraud must be supported by
					 specific findings showing knowing, willful acts in disregard of such laws or
					 regulations. Mississippi Code Annotated §
										31-7-57
					 holds state employees personally liable if they authorize or make a
					 solicitation or award of a contract in violation of the law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-204 - REMEDIES PRIOR TO AN AWARD › Section 12-9-5-204.01 - Canceling or Revising Solicitation or Proposed Award to Comply with Law

Current through June 25, 2024
A finding by the PPRB, after consultation with the DFA
					 Special Assistant Attorney General, that the solicitation or proposed award is
					 in violation of law will constitute a compelling reason to cancel or revise a
					 solicitation or proposed award. Such cancellation shall be made in accordance
					 with Section 3-301 (Cancellation of Solicitations).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-205 - REMEDIES AFTER AN AWARD › Section 12-9-5-205.01 - Termination

Current through June 25, 2024
Contracts based on awards or solicitations that were in
					 violation of law shall be terminated at no cost to the State, except as may be
					 approved or ratified by the PPRB in compliance with state law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-205 - REMEDIES AFTER AN AWARD › Section 12-9-5-205.02 - Effects of Declaring a Contract Null and Void

Current through June 25, 2024
In all cases where a contract is voided, no further
					 payments shall be made under the contract and the State is entitled to recover
					 the greater of:
(a) the difference
				  between payments made under the contract and the contractor's actual costs up
				  until the contract was voided; or,
(b) the difference between payments under the
				  contract and the value to the State of the services, if obtained under the
				  contract.
The State may, in addition, claim damages under any
					 applicable legal theory.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-9-5-205 - REMEDIES AFTER AN AWARD › Section 12-9-5-205.03 - Effect of Ratification

Current through June 25, 2024
The State shall be entitled to any damages it can prove
					 under any theory including, but not limited to, contract and tort regardless of
					 its ratification and affirmation of the contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-101 - DEFINITIONS OF TERMS USED IN THIS CHAPTER

Current through June 25, 2024
(a)
Confidential Information
means any information which is available
				to an employee only because of the employee's status as an employee of the
				State of Mississippi and is not a matter of public knowledge or available to
				the public on request.
(b)
Conspicuously
means written in such special or distinctive format,
				print, or manner that a reasonable person against whom it is to operate ought
				to have noticed it.
(c)
Direct or Indirect Participation
means involvement through
				decision, approval, disapproval, recommendation, preparation of any part of a
				purchase request, influencing the content of any specification or procurement
				standard, rendering of advice, investigation, auditing, or in any other
				advisory capacity.
(d)
Financial Interest
means:
(1)
				ownership of any interest or involvement in any relationship from which, or as
				a result of which, a person within the past year has received, or is presently
				or in the future entitled to receive, monetary compensation or material
				gratuity;
(2) ownership of such
				interest in any property or any business or income received from any property
				or business as may be specified by the Ethics Commission; or,
(3) holding a position in a business such as
				an officer, director, trustee, partner, employee, or the like, or holding any
				position of management.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-201 - STATEMENT OF POLICY

Current through June 25, 2024
Public employment is a public trust. It is the policy of the
				  State of Mississippi to promote and balance the objective of protecting
				  government integrity and the objective of facilitating the recruitment and
				  retention of personnel needed by the State. Such policy is implemented by
				  prescribing essential standards of ethical conduct without creating unnecessary
				  obstacles to entering public service. Public employees must discharge their
				  duties impartially so as to assure fair competitive access to governmental
				  procurement by responsible contractors. Moreover, they should conduct
				  themselves in such a manner as to foster public confidence in the integrity of
				  the state procurement organization. Additionally, Mississippi Code Annotated
				  §
									25-4-101
				  states:
The Legislature declares that elective and public office and
				  employment is a public trust and any effort to realize personal gain through
				  official conduct, other than as provided by law, or as a natural consequence of
				  the employment or position, is a violation of that trust. Therefore, public
				  servants shall endeavor to pursue a course of conduct which will not raise
				  suspicion among the public that they are likely to be engaged in acts that are
				  in violation of this trust and which will not reflect unfavorably upon the
				  state and local governments.
To achieve the purpose of this chapter, it is essential that
				  those doing business with the State of Mississippi also observe the ethical
				  standards prescribed herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-202 - GENERAL STANDARDS OF ETHICAL CONDUCT

Current through June 25, 2024
(a)
General Ethical Standards for Employees.
Any attempt to realize personal gain through public
				  employment by conduct inconsistent with the proper discharge of the employee's
				  duties is a breach of a public trust. In order to fulfill this general
				  prescribed standard, employees must also meet the specific standards set forth
				  in the remaining sections of this chapter.
(b)
General Ethical Standards for
				Non-Employees.
Any effort to influence any public employee, or contractor
				  with the State, to breach the standards of ethical conduct set forth in this
				  section and the remaining sections of this chapter is also a breach of ethical
				  standards.
Note: The head of each governmental body or such
				  official's designee is encouraged to explain and to discuss at least annually
				  with such official's employees the provisions of these
				  regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-203 - EMPLOYEE CONFLICT OF INTEREST

Current through June 25, 2024
(a)
Conflict
				of Interest.
It shall be a breach of ethical standards for any employee
				  to participate directly or indirectly in a procurement when the employee knows
				  that:
(1) the employee or any member
				of the employee's immediate family has a financial interest pertaining to the
				procurement;
(2) a business or
				organization in which the employee, or any member of the employee's immediate
				family, has a financial interest pertaining to the procurement; or,
(3) any other person, business, or
				organization with whom the employee or any member of the employee's immediate
				family is negotiating or has an arrangement concerning prospective employment
				is involved in the procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-204 - GRATUITIES › Section 12-9-6-204.01 - Gratuities Prohibition › Section 12-9-6-204.01.1 - Relationship of Gratuity

Current through June 25, 2024
In addition, the gratuity or offer of employment must be
						made in relation to any proceeding or application, request for a ruling,
						determination, claim or controversy, or other particular matter, and in
						connection with any decision, approval, disapproval, recommendation,
						preparation of any part of a program requirement or a purchase request, action
						to influence the content of any specification or procurement standard,
						rendering of advice, investigation, auditing, or other advisory capacity to
						constitute a breach.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-204 - GRATUITIES › Section 12-9-6-204.01 - Gratuities Prohibition › Section 12-9-6-204.01.2 - Family

Current through June 25, 2024
This prohibition extends to the giving of gratuities to
						anyone on the state employee's or former state employee's behalf such as a
						member of that employee's immediate family.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-204 - GRATUITIES › Section 12-9-6-204.02 - When Prohibition Against Gratuities Not Applicable

Current through June 25, 2024
Section 6 - 204 (Gratuities) does not prohibit:
(a) the solicitation or acceptance of
				  anything of monetary value from a friend, parent, spouse, child, or other close
				  relative when the circumstances make it clear that the motivation for the
				  transaction is unrelated to any procurement or program requirement with the
				  State and is based upon a personal or family relationship;
(b) the participation in the activities of,
				  or the acceptance of an award for, a meritorious public contribution or
				  achievement from a charitable, religious, professional, social or fraternal
				  organization, or from a nonprofit educational, recreational, public service, or
				  civic organization;
(c) acceptance
				  only on current customary terms of finance of a loan from a bank or other
				  financial institution for proper and usual activities of state employees, such
				  as home mortgage loans; or,
(d)
				  acceptance of unsolicited advertising products or promotional material, such a
				  pens, pencils, note pads, calendars, and other such items.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-204 - GRATUITIES › Section 12-9-6-204.03 - Contract Clause

Current through June 25, 2024
The following clause shall be conspicuously set forth in
					 every contract and solicitation therefore requiring Public Procurement Review
					 Board approval:
REPRESENTATION REGARDING
					 GRATUITIES
(Required)
The bidder or offeror, or contractor represents
					 that it has not violated, is not violating, and promises that it will not
					 violate the prohibition against gratuities set forth in Section 6-204
					 (Gratuities) of the Mississippi Public Procurement Review Board Office of
					 Personal Service Contract Review Rules and Regulations.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.01 - Influence Peddling

Current through June 25, 2024
The prohibition in Section 6-205 (Prohibition Against
					 Contingent Fees) covers influence peddling and particularly that which might
					 occur when a former state official is hired on a contingent basis by a business
					 seeking state contracts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.02 - Relationship of Commercial Selling Business to Prospective Contractor

Current through June 25, 2024
The relationship between a bona fide established
					 commercial selling business and the prospective contractor should be
					 characterized by the following:
(a)
				  the fees charged by the business are commensurate with the nature and extent of
				  the business's services actually rendered to the prospective contractor;
(b) the business has adequate
				  knowledge of the service of the prospective contractor which it represents to
				  judge whether the item may be able to meet the State's requirements; and,
(c) the relationship between the
				  business and the prospective contractor is or is contemplated to be continuing.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.03 - Improper Influence

Current through June 25, 2024
A business employee or a commercial selling business
					 should be conclusively presumed not to be bona fide if the Ethics Commission
					 determines that improper influence has been or is being used to secure a state
					 contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.04 - Solicitation Clause

Current through June 25, 2024
Every solicitation for a service shall conspicuously set
					 forth the following provision to be completed and submitted with every
					 prospective contractor's bid, proposal, or qualifications for those contracts
					 which require PPRB approval:
PROSPECTIVE CONTRACTOR'S REPRESENTATION REGARDING
					 CONTINGENT FEES
(Required)
The prospective contractor represents as a part of
					 such contractor's
bid, proposal, or qualifications
that such
					 contract has/has
not
(use applicable word or words) retained any
					 person or agency on a percentage, commission, or other contingent arrangement
					 to secure this contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.05 - Information on Contingent Fees

Current through June 25, 2024
Any prospective contractor who has completed the clause
					 set forth in Section 6-205.04 (Solicitation Clause) in the affirmative and is
					 the apparently successful bidder or offeror shall submit the following
					 information:
(a) the full name and
				  business address of the business or person retained, and the type of business
				  organization;
(b) the relationship
				  of the business or person to the prospective contractor;
(c) the terms of the retention agreement or a
				  copy of such agreement;
(d) if
				  such person is a business employee:
(1) the
				  duration of employment;
(2)
				  whether that employee is on the contractor's payroll for purposes of social
				  security and federal income tax withholding; and,
(3) whether that employee represents other
				  businesses and, if so, the names and addresses of such businesses;
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-205 - PROHIBITION AGAINST CONTINGENT FEES › Section 12-9-6-205.06 - Contract Clause

Current through June 25, 2024
The following clause shall be conspicuously set forth in
					 every contract and solicitation therefor requiring PPRB approval:
REPRESENTATION REGARDING CONTINGENT
					 FEES
(Required)
The contractor represents that it has not retained
					 a person to solicit or secure a state contract upon an agreement or
					 understanding for a commission, percentage, brokerage, or contingent fee,
					 except as disclosed in the contractor's
bid, proposal, or
					 qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-206 - RESTRICTION ON EMPLOYMENT OF PRESENT EMPLOYEES

Current through June 25, 2024
Except as may be permitted by regulations or rulings of the
				  Ethics Commission, it shall be a breach of ethical standards for any employee
				  who is participating directly or indirectly in the procurement process to
				  become or be, while such an employee, the employee of any person contracting
				  with the governmental body by whom the employee is employed. Additionally,
				  Mississippi Code Annotated §
									25-4-105(3)(a)
				  states that "no public servant shall be a contractor, subcontractor or vendor
				  with the governmental entity of which he is a member, officer, employee or
				  agent, other than in his contract of employment; or have a material financial
				  interest in any business which is a contractor, subcontractor or vendor with
				  the governmental entity of which he is a member, officer, employee or agent"
				  except as may be permitted by Mississippi Code Annotated §
									25-4-105(4)(d).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-207 - RESTRICTION ON FORMER EMPLOYEES IN MATTERS CONNECTED WITH THEIR FORMER DUTIES

Current through June 25, 2024
(a) It shall be a
				breach of ethical standards for any former employee knowingly to act as a
				principal, or as an agent for anyone other than the State in connection with
				any:
(1) judicial or other proceeding,
				application, request for a ruling, or other determinations;
(2) contract;
(3) claim; or,
(4) charge or controversy;
in which the employee participated personally and
				  substantially through decision, approval, disapproval, recommendation,
				  rendering of advice, investigation, or otherwise while an employee, where the
				  State is a party or has a direct and substantial interest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-208 - DISQUALIFICATION OF BUSINESS WHEN AN EMPLOYEE HAS A FINANCIAL INTEREST

Current through June 25, 2024
It shall be a breach of ethical standards for a business in
				  which an employee has a financial interest knowingly to act as a principal, or
				  as an agent for anyone other than the State, in connection with any:
(a) judicial or other proceeding,
				application, request for a ruling, or other determination;
(b) contract;
(c) claim; or,
(d) charge or controversy in which the
				employee either participates personally and substantially through decision,
				approval, disapproval, recommendation, the rendering of advice, investigation,
				or otherwise, or which is the subject of the employee's official
				responsibility, where the State is a party or has a direct and substantial
				interest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-209 - RESTRICTION ON EMPLOYEES PURCHASING UNDER TERMS OF A STATE CONTRACT

Current through June 25, 2024
Mississippi Code Annotated §
									25-4-105(1)
				  states, "No public servant shall use his official position to obtain pecuniary
				  benefit for himself other than that compensation provided for by law, or to
				  obtain pecuniary benefit for any relative or any business with which he is
				  associated."
In layman's terms, this means that anyone purchasing
				  services is free to negotiate the best price possible with the seller but any
				  attempt to tie the sale to a state contract based upon employment with a
				  governmental entity could be considered to be a violation of the ethics law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-210 - USE OF CONFIDENTIAL INFORMATION

Current through June 25, 2024
It shall be a breach of ethical standards for any employee
				  or former employee knowingly to use confidential information for actual or
				  anticipated personal gain, or for the actual or anticipated personal gain of
				  any other person. Additionally, Mississippi Code Annotated §
									25-4-105(d)
				   states that "no person may intentionally use
				  or disclose information gained in the course of or by reason of his official
				  position or employment as a public servant in any way that could result in
				  pecuniary benefit for himself, any relative, or any other person, if the
				  information has not been communicated to the public or is not public
				  information."
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-211 - BOARD MEMBER ETHICS › Section 12-9-6-211.01 - General Standards of Ethical Conduct

Current through June 25, 2024
(a) Board
				  members shall conduct themselves in a manner that fortifies the public
				  confidence in the Mississippi procurement process for personal and professional
				  services by avoiding even the appearance of impropriety;
(b) Board members shall strive to foster an
				  open, transparent, and competitive process in order to best serve the interests
				  of the State;
(c) Board members
				  shall encourage, and provide an example for, ethical conduct to all
				  participants in the process under the PPRB's purview;
(d) Board members shall avoid all conflicts
				  of interests and comply with the provisions herein when an unavoidable conflict
				  arises;
(e) Board members shall be
				  open, fair, impartial, and non-discriminatory in conducting all PPRB business;
				  and
(f) Board members shall act as
				  responsible stewards of public funds in order to uphold the public interest
				  with which they have been entrusted.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-211 - BOARD MEMBER ETHICS › Section 12-9-6-211.02 - Communication

Current through June 25, 2024
(a)
Communication Among Board
				  Members
In order to promote transparency and ensure compliance
					 with the requirements set forth in the Mississippi Open Meetings Act, board
					 members shall actively avoid conducting official PPRB business, outside the
					 setting of a board meeting, when a quorum is present, either in person or
					 through electronic means.
(b)
Communication with Vendors and
				  Other Interested Parties
(1) In order
				  to promote transparency and support both the practice and appearance of
				  impartiality on the part of the PPRB in the conduct of its business, board
				  members will avoid engaging in communications through verbal or written means
				  with a vendor, or any other vendor representative, which relates directly or
				  indirectly to the solicitation and/or selection of a personal or professional
				  services contract which may be presented to the PPRB for consideration for
				  approval.
(2) If such
				  communication is unavoidable, board members shall disclose to the PPRB any
				  discussions had, including the name of the vendor or vendor representative and
				  the procurement or contract which was the focus of the communication, at the
				  next board meeting and prior to voting on the matter.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-211 - BOARD MEMBER ETHICS › Section 12-9-6-211.03 - Conflicts of Interest

Current through June 25, 2024
Board members shall conduct the business of the PPRB in an
					 honest and ethical manner, which includes the ethical handling of any actual or
					 apparent conflicts of interest related to personal and/or professional
					 relationships. Under Mississippi law, "No [board member] shall use his [or her]
					 official position to obtain, or attempt to obtain, pecuniary benefit for
					 himself other than that compensation provided for by law, or to obtain, or
					 attempt to obtain, pecuniary benefit for any relative or any business with
					 which he [or she] is associated" See Miss. Code Ann. §§
										25-4-103
					 and-105.
(a)
Definitions
(1)
Pecuniary Benefit
is defined
				  as any benefit in the form of money, property, commercial interests, or
				  anything else the primary significance of which is economic gain.
(2)
Relative
is defined as the
				  board member's spouse, child, parent, sibling, and the spouse of their child,
				  parent, or sibling.
(3)
"Business with which he [or she] is associated"
is defined as any
				  business of which the board member or his or her relative is:
a. an officer, director, owner, partner, or
				  employee, or
b. is a holder of
				  more than 10% of the fair market value, or
c. derive more than $2,500.00 in annual
				  income, or
d. over which the board
				  member or his or her relative exercises control.
(4)
Use of office
includes:
a. voting on a matter;
b. taking part in discussions on a matter;
c. being present during
				  discussions on a matter; and
d.
				  using the office to attempt to influence the actions of others.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Sec2 12-9-6-211 - BOARD MEMBER ETHICS › Section 12-9-6-211.04 - Gratuities

Current through June 25, 2024
Board members shall comply with the provisions of Section
					 6-204 regarding gratuities.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-101 - GENERAL PROVISIONS

Current through June 25, 2024
This chapter provides the administrative procedures for
				  submitting required documentation to implement state agency contract requests
				  for personal and professional services. For the purposes of these procedures, a
				  service contract is defined as an agreement for the provision of services
				  between an agency under the purview of MSPB (unless exempt from the PPRB) and a
				  provider of the services.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-102 - PROCEDURES FOR PROCUREMENT › Section 12-9-7-102.01 - Multiple Contracts With Same Vendor But Different Scopes of Services

Current through June 25, 2024
PPRB staff has the authority to approve contracts with the
					 same vendor which route to the PPRB based on a system technicality but which
					 contain different scopes of services. Staff approval is given only after review
					 of the scopes of services to justify the need for a second contract with the
					 same vendor. Any contracts approved using this authority cannot exceed
					 $75,000.00.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-103 - COMPETITIVE PROCUREMENT EXCEPTION

Current through June 25, 2024
Prior to entering into a contract, any agency that seeks to
				  procure personal or professional service contracts that are required to be
				  approved by the PPRB may request an exception from the requirement that the
				  agency use competitive sealed bidding as a procurement method by submitting a
				  petition for relief as provided in Section 3-201.01. The petition for relief
				  must:
(a) Be in writing, signed by the
				Agency Head, and include any supporting documentation or information;
(b) Be submitted approximately
				thirty (30) calendar days prior to the scheduled PPRB meeting date and in
				accordance with the deadlines prescribed by the Public Procurement Review
				Board, which are published on the Department of Finance and Administration
				website;
(c) Include the agency's
				plan for an alternative competitive procurement procedure for selecting the
				personal or professional service contract that ensures open, transparent
				procedures as provided in Section 3-201.01-.03; and
(d) Be submitted using the method prescribed
				by the PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-104 - PRE-REVIEW OF INVITATIONS FOR BIDS, REQUESTS FOR PROPOSALS, AND REQUESTS FOR QUALIFICATIONS

Current through June 25, 2024
An IFB, RFP, or RFQ for a contract under the purview of the
				  PPRB may be electronically submitted to the PPRB staff for consultant review
				  prior to advertisement or issuance. The IFB, RFP, or RFQ should be submitted in
				  final form (as if being produced to inquiring vendors) and include (1) the
				  advertisement, (2) the IFB, RFP, or RFQ, and (3) the proposed contract. The
				  PPRB staff may review, as time and workload permit, the IFB, RFP, or RFQ
				  specifically to evaluate compliance with the regulations. Upon review, the PPRB
				  staff may then notify the agency of necessary and/or suggested changes.
				  Responsibility for all IFB, RFP, or RFQ content rests with the agency. Review
				  of the IFB, RFP, or RFQ by PPRB staff does not guarantee approval of the
				  procurement and/or the contract by the PPRB. Agencies are encouraged to allow
				  as much time in advance of advertisement as possible for this review. The PPRB
				  staff will require a minimum of five working days for review of an IFB, RFP, or
				  RFQ packet which totals 50 pages or less (including attachments) and seven
				  working days for review of a packet of more than 50 pages. During the months of
				  May, June, and July, the PPRB staff will require a minimum of twenty working
				  days for review of an IFB, RFP, or RFQ packet which totals 50 pages or less
				  (including attachments) and twenty-five working days for review of a packet of
				  more than 50 pages.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-105 - CONTRACT SUBMISSION DATES

Current through June 25, 2024
The PPRB will hold one regularly scheduled meeting the first
				  Wednesday of every month at the DFA Offices in Jackson, Mississippi unless the
				  first Wednesday falls on or near a holiday or a special meeting is called by
				  the PPRB Chair. Notice of meetings may be found posted on the DFA website (
http://www.DFA.ms.gov
) and the
				  Mississippi Public Meeting Notices Website (
https://www.ms.gov/dfa/pmn
), or
				  by calling the PPRB office (601-359-6517). All contract packets, including any
				  applicable PPRB forms, must be submitted for approval in SPAHRS and/or MAGIC
				  and by electronic submission through the PPRB's E-Application system, in their
				  entirety. Submission to PPRB must be at least thirty (30) calendar days prior
				  to the scheduled PPRB meeting date and in accordance with the deadlines
				  prescribed by the Public Procurement Review Board, which are published on the
				  Department of Finance and Administration website, in order to be considered for
				  placement on the agenda for board action. Since no Board action is required,
				  staff approved contracts may be submitted at any time.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-107 - REVIEW OF LATE SUBMISSIONS

Current through June 25, 2024
Requests for review of contracts that require PPRB approval
				  should be submitted in accordance with the published deadlines posted on the
				  PPRB website. Requests received after this time may be delayed until the next
				  regular meeting of the PPRB. It is the duty of the Chief Procurement Officer to
				  ensure all contract submissions are complete by the posted deadlines in order
				  for the contract to be approved by the PPRB prior to expiration.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-108 - REGULATORY BOARD APPROVAL

Current through June 25, 2024
For contracts under the purview of the PPRB, the contract
				  and the supporting procurement information should first be submitted to and
				  approved by the appropriate regulatory board (if required by the appropriate
				  regulatory board's rules and regulations) prior to submission to the PPRB. If
				  the agency's regulatory board authorizes the agency to proceed with the
				  procurement, then the agency should submit the minutes from the regulatory
				  board approving the contract and all other supporting procurement information
				  to the PPRB for approval.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-110 - RENEWALS

Current through June 25, 2024
A request to renew an existing PPRB-approved contract must
				  be submitted and approved by PPRB before the contract expires. If approval by
				  an appropriate regulatory board is required, such approval must be obtained in
				  sufficient time for the submission deadline contained in Section 7-105 to be
				  met. Spending authority for the current term of the contract should be
				  requested. Authority for any optional renewal years should be requested when
				  the contract is renewed. Renewal terms included in a contract are optional and
				  are exercised at the agency's discretion. When a contract is originally
				  approved, the PPRB is only approving the option to renew, not the actual
				  renewal. The agency must submit the renewal document and supporting
				  documentation for approval by the PPRB prior to the contract expiring and in
				  sufficient time to meet the submission deadline. Retroactive approval of a
				  renewal cannot be granted. Once a contract has expired or terminated, the
				  contract cannot be retroactively approved or renewed. MS AG Op., Stringer (June
				  25, 1999).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-111 - MODIFICATIONS › Section 12-9-7-111.01 - Modifications to Correct Technical Problems

Current through June 25, 2024
PPRB staff has the authority to approve modifications to
					 previously approved contracts that involve accounting and scrivener's errors
					 and other technical or technological problems which do not change the
					 originally approved terms and conditions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-111 - MODIFICATIONS › Section 12-9-7-111.02 - Modifications that Only Reduce Dollar Amount or in which Amount and Services are Unchanged

Current through June 25, 2024
PPRB staff has the authority to approve modifications that
					 only reduce the dollar amount of the contracts or modifications in which the
					 amount and services are unchanged. These modifications cannot change the
					 service agreement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Sec2 12-9-7-111 - MODIFICATIONS › Section 12-9-7-111.03 - Modifications Involving Cost Per Unit Fees

Current through June 25, 2024
PPRB staff has the authority to approve modifications to
					 previously approved contracts that involve cost per unit fees up to ten (10)
					 percent of the original approved contract amount not to exceed a total contract
					 amount of $500,000.00.