reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-204 - REMEDIES PRIOR TO AN AWARD

Current through June 25, 2024
If prior to award it is determined that a solicitation or
				  proposed award of a contract is in violation of law, then the solicitation or
				  proposed award shall be:
(a) canceled;
				or,
(b) revised to comply with the
				law.
5-204.01
Canceling or
				Revising Solicitation or Proposed Award to Comply with Law
A finding by the PSCRB, after consultation with the MSPB
				  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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-100-5-205 - REMEDIES AFTER AN AWARD

Current through June 25, 2024
If after an award, it is determined that the solicitation or
				  award is in violation of the law then the contract will be canceled in
				  accordance with Section 3-301 (Cancellation of Solicitations).
5-205.01
Termination
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 PSCRB in compliance with state law.
5-205.02
Effects of
				Declaring a Contract Null and Void
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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-101 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-201 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-202 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-203 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-204 - GRATUITIES

Current through June 25, 2024
It shall be a breach of this regulation for any person to
				  offer, give, or agree to give any employee or former employee, or for any
				  employee or former employee to solicit, demand, accept, or agree to accept from
				  another person, a gratuity or an offer of employment in connection with any
				  decision, approval, disapproval, recommendation, or preparation of any part of
				  a program requirement or a purchase request. It shall further be a breach for
				  any person to influence the content of any specification or procurement
				  standard, rendering of advice, investigation, auditing, or in any other
				  advisory capacity in any proceeding or application, request for ruling,
				  determination, claim or controversy, or other particular matter, pertaining to
				  any program requirement or proposal therefor through the offering or giving of
				  a gratuity. The prohibition against gratuities prescribed in this section shall
				  be conspicuously set forth in every contract and solicitation therefor.
6-204.01
Gratuities Prohibition
6-204.01.1
Relationship of
				Gratuity
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.
6-204.01.2
Family
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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-205 - PROHIBITION AGAINST CONTINGENT FEES

Current through June 25, 2024
(a)
Contingent Fees.
It shall be a breach of ethical standards for a
				person to be retained, or to retain a person, to solicit or secure a state
				contract upon an agreement or understanding for a commission, percentage,
				brokerage, or contingent fee, unless such an arrangement is fully disclosed in
				writing.
(b)
Representation
				of Contractor.
Every person, before being awarded a state contract,
				shall represent, in writing, that such person has not retained anyone in
				violation of subsection (a) of this section. Failure to do so constitutes a
				breach of ethical standards.
(c)
Contract Clause.
The representation prescribed in subsection (b)
				of this section shall be conspicuously set forth in every contract and
				solicitation therefor.
6-205.01
Influence Peddling
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.
6-205.02
Relationship of Commercial
				Selling Business to Prospective Contractor
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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-206 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-207 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-208 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-209 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-210 - 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-100-6-211 - BOARD MEMBER ETHICS

Current through June 25, 2024
Board members of the PSCRB hold positions of public trust and
				  are charged with ensuring a fair, transparent process for the solicitation and
				  selection of personal and professional services contracts. Each board member is
				  individually responsible for upholding the public trust by conducting himself
				  or herself in as fair, equitable, impartial, and non-partisan a manner as
				  possible. Board members are responsible for ensuring individual compliance with
				  all applicable laws, regulations, and rules governing their conduct.
6-211.01
General Standards of Ethical
				Conduct
(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 PSCRB'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 PSCRB 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-101 - 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 PSCRB) and
				  a provider of the services.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-102 - PROCEDURES FOR PROCUREMENT

Current through June 25, 2024
Pursuant to the provisions of the previous chapters of these
				  regulations, the total amount of the contract shall be used to determine the
				  appropriate procedures for procurement of services as follows:
(a) Service contracts for $75,000 or less may
				be procured as provided in Section 3-205 (Small Purchases);
(b) Service contracts over $75,000 shall be
				procured as provided in Section 3-201 (Method of Source Selection), and are
				subject to approval by the PSCRB;
(c) If the cumulative total of multiple
				service contracts between an agency and one vendor for the same service exceeds
				$75,000 then SPAHRS or MAGIC will automatically route the contract to the PSCRB
				for approval;
(d) Procedures and
				regulations regarding sole-source procurement are addressed in Section 3-206;
(e) Procedures and regulations
				regarding emergency procurement are addressed in Section 3-207; and
(f) Procedures and regulations regarding
				contract workers are addressed in Section 3-101.04.
Competitive bidding includes Invitations for Bids, Requests
				  for Proposals, Requests for Qualifications, and any other alternative,
				  generally accepted procurement method approved by the PSCRB. See MS AG Op.,
				  Mosley (October 23, 2015).
7-102.01
Multiple Contracts With Same
				Vendor But Different Scopes of Services
PSCRB staff has the authority to approve contracts with the
				  same vendor which route to the PSCRB 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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-103 - 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 PSCRB may request an exception from any requirement that the
				  agency use competitive 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 no more than
				thirty (30) calendar days prior to the scheduled PSCRB meeting date and in
				accordance with the deadlines prescribed by the Personal Service Contract
				Review Board, which are published on the Mississippi State Personnel Board
				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 PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-104 - 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
				  PSCRB may be electronically submitted to the PSCRB 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
				  PSCRB staff may review, as time and workload permit, the IFB, RFP, or RFQ
				  specifically to evaluate compliance with the PSCRB regulations. Upon review,
				  the PSCRB 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 PSCRB staff does not guarantee approval of
				  the procurement and/or the contract by the PSCRB. Agencies are encouraged to
				  allow as much time in advance of advertisement as possible for this review. The
				  PSCRB 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 PSCRB 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-105 - CONTRACT SUBMISSION DATES

Current through June 25, 2024
The PSCRB will hold one regularly scheduled meeting the
				  Tuesday before the third Thursday every month at the MSPB Offices in Jackson,
				  Mississippi unless a special meeting is called by the PSCRB Chairman. Notice of
				  meetings may be found posted on the MSPB website (
http://www.mspb.ms.gov
) and the
				  Mississippi Public Meeting Notices Website (
https://www.ms.gov/dfa/pmn
), or by
				  calling the PSCRB office (601-359-6517). All contract packets must be submitted
				  for approval in SPAHRS and by electronic submission through the PSCRB's
				  E-Application system, in their entirety. All contract packets, including any
				  applicable PSCRB forms, must be submitted for approval in SPAHRS and by
				  electronic submission through the PSCRB's E-Application system, in their
				  entirety. Submission to PSCRB must be no more than thirty (30) calendar days
				  prior to the scheduled PSCRB meeting date and in accordance with the deadlines
				  prescribed by the Personal Service Contract Review Board, which are published
				  on the Mississippi State Personnel Board 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 up to fifteen (15) days prior to the
				  scheduled PSCRB meeting date.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-106 - CONTRACT APPROVAL AND REJECTION

Current through June 25, 2024
Any contract submitted to the PSCRB for review and approval
				  shall be presumed to be approved if the PSCRB does not object to the contract
				  within thirty (30) days of the agency's submission of the contract. If the
				  PSCRB rejects a contract that has been submitted for review or approval, it
				  shall clearly state the basis of its action, including, but not limited to, the
				  policy violated and any corrective actions necessary to bring the contract in
				  compliance with the PSCRB Rules and Regulations.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-107 - DEADLINE EXCEPTION REQUESTS

Current through June 25, 2024
A request for exception to the submission deadline contained
				  in Section 7-105 must be submitted in writing directly to the Chairman of the
				  PSCRB (MSPB Executive Director) and must contain a detailed account of the
				  circumstances, which must be compelling, that justifies the exception. The
				  written request must be signed by the Agency Head. All such exception requests
				  must be approved by the Chairman, in his or her discretion, in order for the
				  proposed contract to be placed on the agenda for the next PSCRB meeting.
				  Submission of a request for deadline exception does not guarantee placement on
				  the agenda.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-108 - REGULATORY BOARD APPROVAL

Current through June 25, 2024
For contracts under the purview of the PSCRB, 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 PSCRB. If
				  the agency's regulatory board authorizes the agency to proceed with the
				  procurement, then the agency should submit the contract and supporting
				  procurement information to the PSCRB for approval.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-110 - RENEWALS

Current through June 25, 2024
A request to renew an existing PSCRB-approved contract must
				  be submitted and approved by PSCRB 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 PSCRB 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 PSCRB 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 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-111 - MODIFICATIONS

Current through June 25, 2024
A request to modify an existing PSCRB-approved contract is
				  to be submitted to the PSCRB thirty (30) calendar days prior to a PSCRB meeting
				  date which precedes the modification effective date. Any request for exception
				  to this deadline must follow the same procedure as outlined in Section 7-106
				  (Deadline Exception Requests). Modifications shall not grant extra
				  compensation, fee, or allowance to any contractor after service is rendered or
				  contract is made, unless contemplated within the contract itself or unless the
				  scope of services is increased. The extension of a contract is considered a
				  modification wherein the specified contractual services have not been completed
				  by the end date stipulated in the original terms of the contract. Modifications
				  cannot be made to expired contracts.
7-111.01
Modifications to Correct
				Technical Problems
PSCRB staff has the authority to approve modifications to
				  previously approved contracts that involve accounting errors and other
				  technical problems which do not change the originally approved terms and
				  conditions.
7-111.02
Modifications that Only Reduce Dollar Amount or in which Amount and
				Services are Unchanged
PSCRB 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.
7-111.03
Modifications Involving Cost Per Unit Fees
PSCRB 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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-112 - EMERGENCY CONTRACTS

Current through June 25, 2024
Emergency contracts will be reviewed by PSCRB staff for
				  technical compliance upon the written request of the submitting agency. The
				  PSCRB staff will process the contract in MAGIC upon receipt of the contract,
				  and then conduct the requested review and notify the agency of any problems
				  found during the requested review; however, it is the responsibility of the
				  agency to correct any errors. If no written request for review is made by the
				  submitting agency, PSCRB staff will process the contract in MAGIC upon receipt
				  of same, and then conduct a review of the contract for internal auditing
				  purposes. Emergency contracts will be presented to the PSCRB at its regular
				  meeting and will be included in the minutes of said meeting, but no action is
				  required by the PSCRB as to these contracts. Any approval in MAGIC or any other
				  state system does not constitute approval of the emergency procurement by the
				  PSCRB and is done solely for processing purposes. This provision is not
				  intended to prevent the PSCRB from making a report as provided in Section
				  3-602.01 (Statutory Authority to Audit) or to take other action as deemed
				  appropriate.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-113 - PROTEST DOCUMENTS

Current through June 25, 2024
Agencies shall submit, with their contract approval request,
				  documentation signed by their Executive Director, Agency Head, or his or her
				  designee certifying that adequate time to protest has been given to all
				  prospective contractors and that no protest or potential protests are known to
				  the agency or any agency employees. If a protest is known, the agency shall
				  disclose the subject matter of the protest, state whether the protest has been
				  resolved, and explain the agency's determination concerning the protest.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-114 - POST-AWARD VENDOR DEBRIEFING

Current through June 25, 2024
Agencies are encouraged to exchange information with vendors
				  in an effort to build and strengthen business relationships and improve the
				  procurement process between vendors and the State. To further this effort,
				  agencies shall establish vendor debriefing procedure(s) and inform vendors at
				  the time of procurement of the right to request a debriefing. At a minimum,
				  debriefing should occur within five (5) business days after the vendor request
				  and prior to submission of the contract packet to the PSCRB. Agencies shall
				  submit with the contract approval request, documentation signed by their agency
				  head or his or her designee, reporting the number of vendor debriefings
				  requested and conducted. This information may be included as part of the
				  protest correspondence required in Section 7-113 (Protest Documents).
7-114.01
Debriefing Request
A vendor, successful or unsuccessful, may request a
				  post-award vendor debriefing, in writing, by U.S. mail or electronic
				  submission, to be received by the agency within three (3) business days of
				  notification of the contract award. A vendor debriefing is a meeting and not a
				  hearing; therefore, legal representation is not required. If a vendor prefers
				  to have legal representation present, the vendor must notify the agency and
				  identify its attorney. The agency shall be allowed to schedule and/or suspend
				  and reschedule the meeting at a time when a representative of the Office of the
				  Mississippi Attorney General can be present.
7-114.02
When Debriefing Should Be
				Conducted
Unless good cause exists for delay, the debriefing should
				  occur within five (5) business days after receipt of the vendor request and may
				  be conducted during a face-to-face meeting, by telephonic or video conference,
				  or by any other method acceptable to the agency. The Procurement Officer or
				  designee should chair the meeting, and where practicable, include other staff
				  with direct knowledge of the procurement.
7-114.03
Information To Be
				Provided
At a minimum, the debriefing information shall include the
				  following:
(1) The agency's evaluation
				of significant weaknesses or deficiencies in the vendor's bid, proposal, or
				statement of qualifications, if applicable;
(2) The overall evaluated cost or price, and
				technical rating, if applicable, of the successful vendor(s) and the debriefed
				vendor;
(3) The overall ranking of
				all vendors, when any ranking was developed by the agency during the selection
				process;
(4) A summary of the
				rationale for award; and,
(5)
				Reasonable responses to relevant questions about selection procedures contained
				in the solicitation, applicable regulations, and other applicable authorities
				that were followed.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-115 - UTILIZATION OF STATE PROPERTY BY CONTRACTOR

Current through June 25, 2024
If a contractor will be utilizing State property (office
				  space, equipment, etc.) for the provision of services, the procuring agency
				  shall submit a written notification to the Bond Commission explaining the
				  property to be used. A copy of this letter must be submitted to the PSCRB as
				  part of the procurement packet.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-117 - EXECUTED CONTRACTS

Current through June 25, 2024
After the approval of a contract by the PSCRB, the contract
				  may be executed by the agency and the vendor. The contract, including any
				  accompanying exhibits, attachments, and appendices, is subject to the
				  Mississippi Public Records Act of 1983 and its exceptions. See Mississippi Code
				  Annotated §§
									25-61-1
et seq.
and Mississippi Code Annotated §
									79-23-1.
				  Unless exempted from disclosure due to a court-issued protective order, a copy
				  of this executed contract is required to be posted to the Department of Finance
				  and Administration's independent agency contract website for public access at
http://www.transparency.mississippi.gov
.
				  See Mississippi Code Annotated §§
									27-104-151
et seq.
The personal or professional services to be provided,
				  the price to be paid, and the term of the contract shall not be deemed to be a
				  trade secret, or confidential commercial or financial information. The executed
				  contract must be identical to the proposed contract approved by the PSCRB or
				  the contract will be deemed null and void. If a change is to be made to the
				  contract after approval by the PSCRB but before execution, the change must be
				  brought before the PSCRB for approval.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-118 - SPAHRS PROCEDURES FOR PSCRB CONTRACTS

Current through June 25, 2024
7-118.01
Entering Contract Information in SPAHRS
An agency should enter complete contract information into
				  the SPAHRS system and transmit it electronically to the PSCRB for review. The
				  Request for Contract Personnel Services Approval form must be completed in
				  full, following all applicable requirements by the Internal Revenue Code to
				  determine contract type, all DFA requirements for vendor codes, social security
				  numbers and commodity codes, and all PSCRB requirements detailed in the
Mississippi Personal Service Contract Rules and Regulations
.
				  Only one contract service type may be entered for each request. Agencies must
				  submit necessary vendor codes with vendor number/social security number in
				  SPAHRS.
7-118.02
Requests to Modify
Requests to modify the terms of previously PSCRB-approved
				  contracts are to be resubmitted to the appropriate regulatory board (if
				  applicable) and approved by that board prior to submission to the PSCRB. Along
				  with the amendment modifying the original contract terms, the approved SPAHRS
				  entry must also be modified.
7-118.03
Terminations
Agencies must notify the PSCRB upon termination of
				  previously approved contracts for personal and professional services or the
				  completion of the performance of services prior to the original terms of the
				  contract (expiration date). The approved spending authority should be modified
				  to reflect the total dollar amount expended. This modification must be
				  transmitted to the PSRCB for approval. After approval of the modified amount, a
				  termination date should be entered into SPAHRS. The original approved end date
				  remains the end date approved by the PSCRB. A termination date is entered in
				  the "Termination Date" field in SPAHRS.
7-118.04
Options to Renew
Options to renew which are not exercised by the agency will
				  be treated as a termination by the PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 7 - POLICIES AND PROCEDURES FOR CONTRACT APPROVAL › Section 27-100-7-119 - DHS OR DCPS PERSONAL SERVICE CONTRACTS

Current through June 25, 2024
From July 1, 2016 through June 30, 2018, the Department of
				  Human Services (DHS) must give PSCRB notice before entering into any proposed
				  personal service contract which is determined by the DHS Agency Head to be
				  useful in establishing and operating the Department of Child Protection
				  Services (DCPS). The Agency Head of DHS must advise the Board of his
				  determination that the proposed contract would be useful in establishing and
				  operating DCPS.
From July 1, 2016 to June 30, 2019, the Agency Head of DCPS
				  must give PSCRB notice before entering into any proposed personal service
				  contract.
Written notice to the PSCRB must be signed by the Agency
				  Head and identify the contractor(s), contract term, annual cost, total contract
				  cost, method of procurement, purpose of the contract, a statement of usefulness
				  for establishing and operating DCPS where applicable, and a copy of the
				  proposed contractual agreement including any exhibits or attachments referenced
				  therein.
Upon receipt of the written notice, notice will be posted at
http://www.mspb.ms.gov/personal-service-contract-review-board.aspx
and on the Mississippi Contract/Procurement Opportunity Search Portal website
				  established by Sections
				  25-53-151
				  and
				  27-104-165.
If PSCRB responds to DHS or DCPS within seven calendar days
				  after receiving the notice, then PSCRB has an additional seven calendar days
				  from the date of the initial response to provide any recommendations. PSCRB
				  will notify the agency of any recommendations; however, any implemented
				  recommendation is made at the discretion of DHS or DCPS. At the end of the
				  second seven-day period, the agency may enter into the proposed personal
				  service contract.
DHS and DCPS contracts will be reported to the PSCRB at its
				  regular meeting and will be included in the minutes of said meeting, but no
				  action is required by the Board as to these contracts. Any approval in MAGIC or
				  any other state system does not constitute approval of the DHS or DCPS
				  procurement or contract by the PSCRB and is done solely for processing
				  purposes.
See Senate Bill 2179 (2016 Regular
				  Session).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 110 - Mississippi State Employee Handbook › Chapter 1 - INTRODUCTION › Sec2 27-110-1.0 - ABOUT THIS MANUAL › Section 27-110-1.0.1 - Scope and Intent of the Manual

Current through June 25, 2024
This manual contains the policies and rules of the
					 Mississippi state employment service and applies to all employees placed under
					 the purview of the Mississippi State Personnel Board by Mississippi Code
					 Annotated §§
										25-9-101
et seq.,
and other pertinent laws. This volume supersedes all previous editions.
The purpose of this manual is to provide a standardized,
					 comprehensive system of human capital administration consistent with
					 Mississippi's laws. In addition, the policies, rules, and procedures contained
					 herein should be followed in a manner consistent with any federal statutes or
					 regulations which are applicable to a particular agency. If any part of this
					 manual is inconsistent with such federal law or regulation, the federal law
					 takes precedence.
The policies and rules contained in this manual and all
					 other publications of the Mississippi State Personnel Board are in accordance
					 with the following principles as listed in Mississippi Code Annotated §
										25-9-103:
Principle I:
Recruiting,
					 selecting, and advancing employees shall be based on their relative ability,
					 knowledge, and skills including open consideration of qualified applicants for
					 initial appointment.
Principle II:
Equitable and
					 adequate compensation shall be provided.
Principle III:
Employees shall be
					 trained, as needed, to ensure high quality performance.
Principle IV:
Employees shall be
					 retained based on the adequacy of their performance. Provisions shall be made
					 to correct inadequate performance and to separate employees whose inadequate
					 performance cannot be corrected.
Principle V:
Fair treatment of
					 applicants and employees in all aspects of personnel administration shall be
					 ensured without regard to race, religious creed, sex, national origin,
					 political affiliation, age, or disability.
Principle VI:
Employees shall be
					 free from coercion for partisan or political purposes, and employees shall be
					 prohibited from using their official authority to interfere with or to affect
					 the result of election or nomination for office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 110 - Mississippi State Employee Handbook › Chapter 1 - INTRODUCTION › Sec2 27-110-1.0 - ABOUT THIS MANUAL › Section 27-110-1.0.2 - Amendments to this Manual

Current through June 25, 2024
The Mississippi State Personnel Board may amend the
					 policies, rules, and procedures, which establish and maintain the state human
					 capital system as circumstances and conditions require.
Any appointing authority, agency head, or member of the
					 Personnel Advisory Council operating under the Mississippi State Personnel
					 Board may recommend an amendment to policies and rules when a provision in the
					 state personnel system causes unnecessary hardship or when the efficiency of
					 the system may be improved.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 110 - Mississippi State Employee Handbook › Chapter 1 - INTRODUCTION › Sec2 27-110-1.3 - STATEWIDE HUMAN RESOURCES INFORMATION SYSTEMS

Current through June 25, 2024
A. The online
				system of record (hereinafter referred to as "OSR") is the repository of record
				for agencies which fall under the purview of MSPB. Any reference in this manual
				to OSR also means any other state system that replaces OSR, including
				Mississippi's Accountability System for Government Information and
				Collaboration (hereinafter referred to as "MAGIC"). Transactions entered
				through OSR are considered to be initiated and approved by the head of the
				submitting agency. Once entered and approved at the submitting agency level,
				transactions are automatically forwarded to the proper reviewer at MSPB for
				appropriate action. Transactions which are invalid, incorrect, or incomplete
				will be returned to the submitter without action, with notes attached
				indicating items that must be corrected prior to resubmission. OSR is
				maintained by the Mississippi Management and Reporting System, (hereinafter
				referred to as "MMRS") within the Department of Finance and Administration. For
				more information on OSR, including training and reference materials, contact
				the MMRS Helpdesk at (601) 359-1343 or see the OSR website at
http://www.mmrs.state.ms.us/
.
B. NeoGov is the statewide recruitment and
				selection system for positions under the purview of MSPB. Transactions entered
				through NeoGov are considered to be initiated and approved by the head of the
				submitting agency. Once entered, transactions are automatically forwarded to
				the proper reviewer at MSPB for appropriate action. NeoGov is maintained by
				MMRS within the Department of Finance and Administration.
C. Each state agency shall make every effort
				to ensure the accuracy of all data it enters into these statewide human
				resources information systems.