reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-502 - MULTI-TERM CONTRACTS

Current through June 25, 2024
(a)
Specified
				Period
Unless otherwise provided by law, a contract for services
				  may be entered into for a period of time
not to exceed four (4) years
				  with an option to renew for one year,
provided the term of the contract
				  and conditions of renewal or extension, if any, are included in the
				  solicitation and funds are available for the first fiscal period at the time of
				  contracting. Payment and performance obligations for succeeding fiscal period
				  shall be subject to the availability and appropriation of funds.
(b)
Determination Prior to
				Use
Prior to the utilization of a multi-term contract, it shall
				  be determined in writing by the agency:
(1) that estimated requirements cover the
				period of the contract and are reasonably firm and continuing; and,
(2) that such a contract will serve the best
				interests of the State of Mississippi by encouraging effective competition or
				otherwise promoting economies in state procurement.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-503 - MULTIPLE SOURCE CONTRACTING

Current through June 25, 2024
3-503.01
Incremental Award
3-503.01.1
General
An incremental award is an award of portions of a definite
				  quantity requirement to more than one contractor. Each portion is for a
				  definite quantity and sum of the portions is the total definite quantity
				  required. An incremental award may be used only when awards to more than one
				  bidder or offeror for different amounts of the same item are necessary to
				  obtain the total quantity or the required delivery.
3-503.01.2
Intent to Use
If an incremental award is anticipated prior to issuing a
				  solicitation, the State shall reserve the right to make such an award and the
				  criteria for award shall be stated in the solicitation.
3-503.01.3
Determination
				Required
The Procurement Officer shall make a written determination
				  setting forth the reasons for the incremental award, which shall be made a part
				  of the agency's procurement file.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-601 - RIGHT TO INSPECT FACILITY

Current through June 25, 2024
The State may, at reasonable times, inspect the place of
				  business of a contractor or any subcontractor which is related to the
				  performance of any contract awarded or to be awarded by the State.
3-601.01
Inspection of Facility or
				Site
Circumstances under which the State may perform inspections
				  include, but are not limited to, inspections of contractor's site in order to
				  determine:
(a) whether the standards
				set forth in Section 3-401.03 (Standards of Responsibility) have been met or
				are capable of being met; and,
(b)
				if the contract is being performed in accordance with its terms.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-701 - FINALITY OF DETERMINATIONS

Current through June 25, 2024
The determinations required by the following sections are
				  final and conclusive unless they are clearly erroneous, arbitrary, capricious,
				  or contrary to law:
(a) Section
				3-202(f) (Competitive Sealed Bidding, Correction or Withdrawal of Bids,
				Cancellation of Awards);
(b)
				Section 3-203(a) (Competitive Sealed Proposals, Conditions for Use)
(c) Section 3-203(g) (Competitive Sealed
				Proposals, Award);
(d) Section
				3-205 (Sole-Source Procurement);
(e) Section 3-206 (Emergency Procurement);
(f) Section 3-401(a)
				(Responsibility of Bidders and Offerors, Determination of Non-responsibility);
(g) Section 3-403(c) (Cost or
				Pricing Data, Cost or Pricing Data Not Required);
(h) Section 3-501 (Types of Contracts);
				and
(i) Section 3-503(b)
				(Multi-Term Contracts, Determinations Prior to Use).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-1-3-702 - REPORTING OF ANTI-COMPETITIVE PRACTICES

Current through June 25, 2024
When, for any reason collusion or other anti-competitive
				  practices are suspected among any bidders or offerors, a notice of the relevant
				  facts shall be transmitted to the Attorney General.
3-702.01
Anti-Competitive
				Practices
For the purposes of this section, an anti-competitive
				  practice is a practice among bidders or offerors which reduces or eliminates
				  competition or restrains trade. An anti-competitive practice can result from an
				  agreement or understanding among competitors to restrain trade such as
				  submitting collusive bids or proposals, or result from illicit business actions
				  which have the effect of restraining trade, such as controlling the resale
				  price of products or an improper collective refusal to bid. Indications of
				  suspected anti-competitive practices include, but are not limited to, identical
				  bids or proposals, rotated low bids or proposals, sharing of the business,
				  "tie-in" sales, resale price maintenance, and group boycotts.
Note:
Bidders and offerors are
				  prohibited by federal and Mississippi law from collectively responding to a
				  solicitation in a manner that controls directly or indirectly the price of a
				  supply, service, or construction item sought. Miss. Code Ann. §
										75-21-15
				  (1972, as amended). This prohibition may extend to such actions establishing
				  any of the following: minimum or maximum prices; uniform list prices; uniform
				  credit terms; uniform discounts; uniform costs and mark-ups; uniform trade-in
				  allowances; specified price differentials between varying grades of the same
				  product, price ranges, price scales or price calculation formulas; and, minimum
				  fee schedules.
3-702.02
Independent Price Determination
Every solicitation shall provide that by submitting a bid or
				  offer, the bidder or offeror certifies that the price submitted was
				  independently arrived at without collusion. The agency may require the signing
				  of a separate form which certifies that the price in the bid or offer was
				  arrived at independently.
3-702.03
Detection of Anti-Competitive
				Practices
In order to assist in ascertaining whether or not an
				  anti-competitive practice may have occurred or may be occurring, the
				  Procurement Officer should be alert and sensitive to conditions of the market
				  place and will often find it necessary to study past procurements including, as
				  appropriate, the following:
(a) a
				study of the bidding history of a commodity or service over a period of time
				sufficient to determine any significant bidding patterns or changes;
(b) a review of similar Mississippi contract
				awards over a period of time; and,
(c) consultation with outside sources of
				information, such as bidders or offerors who have competed for similar
				Mississippi businesses in the past but who are no longer competing for such
				business.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 4 - CONTRACT ADMINISTRATION › Section 27-1-4-101 - MODIFICATION AND TERMINATION OF CONTRACTS FOR SERVICES

Current through June 25, 2024
The following contract clauses should be used as required by
				  the
Mississippi Personal Service Contract Review Board Rules and
				  Regulations
and at the discretion of the Agency Head. In addition to
				  these clauses, see Appendices D (Required Clauses in Contract for Services), E
				  (Required Clauses in RFP's and IFB's), F (Clauses Available for Use in Service
				  Contracts), and G (Clauses Available for Use in Solicitations for Bids or
				  Proposals) for other clauses.
4-101.01
Stop Work Order Clause: Use of clause
The clause set forth in subsection 4-101.01.2 of this
				  section is authorized for use in any fixed-price contract under which work
				  stoppage may be required for reasons such as advancements in the state of the
				  art, production modifications, engineering changes, or realignment of programs.
4-101.01.1
Use of
				Orders
(a) Because stop work orders
				may result in increased costs by reason of standby costs, such orders shall be
				issued only with prior approval of the Agency Head. Generally, use of a stop
				work order will be limited to situations in which it is advisable to suspend
				work pending a decision to proceed by the State, and a supplemental agreement
				providing for such suspension is not feasible. A stop work order may not be
				used in lieu of the issuance of a termination notice after a decision to
				terminate has been made.
(b) Stop
				work orders shall not exceed 90 consecutive days and shall include, as
				appropriate:
(1) a clear description of the
				work to be suspended;
(2)
				instructions as to the issuance of further orders by the contractor for
				material or services;
(3) guidance
				as to action to be taken on subcontracts; and,
(4) other instructions and suggestions to the
				contractor for minimizing costs.
Promptly after issuance, stop work orders shall be discussed
				  with the contractor and should be modified, if necessary, in the light of such
				  discussions.
(c) As soon as feasible after a stop work
				order is issued:
(1) the contract will be
				terminated; or,
(2) the stop work
				order will be canceled or extended in writing beyond the period specified in
				the order.
In any event, action must be taken before the specified stop
				  work period expires. If an extension of the stop work order is necessary, it
				  must be evidenced by a supplemental agreement. Any cancellation of a stop work
				  order shall be subject to the same Agency Head approval as was required for the
				  issuance of the order.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 4 - CONTRACT ADMINISTRATION › Section 27-1-4-102 - MONITORING CONTRACT PERFORMANCE

Current through June 25, 2024
The Agency Head shall ensure that contracts are monitored at
				  least monthly to confirm acceptable performance, timely fulfillment of
				  deliverables and compliance with terms of the agreement.
4-102.01
Duties of the Procurement
				Officer shall include, but are not limited to the following:
(a) reviews and approves contract
				deliverables;
(b) ensures
				compliance with contractual terms;
(c) coordinates the flow of information
				between the parties;
(d) responds
				to requests of the contractor;
(e)
				monitors disbursements against the contract budget;
(f) monitors actual progress against work
				schedules;
(g) coordinates the
				furnishing of necessary materials;
(h) authorizes no cost modifications; and,
(i) makes recommendations on
				modifications involving increased cost.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-101 - AUTHORITY TO DEBAR OR SUSPEND

Current through June 25, 2024
(a)
Authority.
With reasonable notice to the person involved and
				reasonable opportunity for that person to be heard, the PSCRB, after
				consultation with the using agency and the Special Assistant Attorney General
				assigned to MSPB, shall have authority to debar a person for cause from
				consideration for award of contracts. The debarment shall be for a period of
				two (2) years. The PSCRB, after consultation with the using agency (the agency
				that has used the services supplied by the contractor) and the Special
				Assistant Attorney General, shall have authority to suspend a person from
				consideration for award of contracts if there is probable cause for debarment.
				The suspension shall not be for a period exceeding three (3) months.
(b)
Agency Requests for Debarment or
				Suspension.
Using agencies must submit a Vendor Quality Report to the
				PSCRB to request the debarment or suspension of a contractor or potential
				contractor.
(c)
Causes for
				Debarment or Suspension.
The causes for debarment or suspension include
				the following:
(1) conviction for commission
				of a criminal offense as an incident to obtaining or attempting to obtain a
				public or private contract or subcontract, or in the performance of such
				contract or subcontract;
(2)
				conviction under state or federal statutes of embezzlement, theft, forgery,
				bribery, falsification or destruction of records, receiving stolen property, or
				any other offense indicating a lack of business integrity or business honesty
				which currently, seriously, and directly affects responsibility as a
				Mississippi contractor;
(3)
				conviction under state or federal antitrust statutes arising out of the
				submission of bids or proposals;
(4) violation of contract provisions, as set
				forth below, of a character which is regarded by the PSCRB to be so serious as
				to justify debarment action; including,
i.
				deliberate failure without good cause to perform in accordance with the
				specifications or within the time limit provided in the contract or,
ii. a recent record of failure to perform or
				of unsatisfactory performance in accordance with the terms of one or more
				contracts; provided that failure to perform or unsatisfactory performance
				caused by acts beyond the control of the contractor shall not be considered to
				be a basis for debarment;
(5) any other cause the PSCRB determines to
				be so serious and compelling as to affect responsibility as a Mississippi
				contractor, including debarment by another governmental entity for any cause
				listed herein; and,
(6) for
				violation of the ethical standards set forth in Chapter VI (Ethics in Public
				Contracting).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-201 - APPEAL AND REVIEW OF PERSONAL SERVICE CONTRACT 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 PSCRB
				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 PSCRB or the head of the agency involved.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-202 - DISCONTINUANCE OF CONTRACTOR'S APPEAL

Current through June 25, 2024
After notice of an appeal to the PSCRB has been filed with
				  the PSCRB, a contractor may not discontinue such appeal without prejudice,
				  except as authorized by the PSCRB.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-203 - APPLICABILITY OF THIS SECTION

Current through June 25, 2024
The provisions of this section specifically apply where it
				  is determined administratively, or upon administrative or judicial review, that
				  a solicitation or award of a contract is in violation of law.
5-203.01
Determination that
				Solicitation or Award Violates Law
A solicitation or award may be in violation of the law due
				  to actions of state employees, bidders, offerors, contractors, or other
				  persons. After consultation with the MSPB Special Assistant Attorney General,
				  the PSCRB or an Agency Head may determine that a solicitation or contract award
				  is in violation of the provisions of the
Mississippi Personal Service
				  Contract Review Board Rules and Regulations.
After consultation with
				  the MSPB Special Assistant Attorney General, the Ethics Commission may
				  determine that a solicitation or award violates the Ethics in Public
				  Contracting provisions of the
Mississippi Personal Service Contract
				  Review Board 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.
5-203.02
Finding of Bad Faith or
				Fraud
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
				  (1972, as amended) 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 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-204 - 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 Invitations for Bids or Requests for
				  Proposals).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 5 - LEGAL AND CONTRACTUAL REMEDIES › Section 27-1-5-205 - 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 Invitations for Bids or Requests
				  for Proposals).
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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-101 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-201 - 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
				  (1972, as amended) 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-202 - 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.
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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-203 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-204 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-205 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-206 - 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)(1972,
				  as amended) 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)(1972,
				  as amended).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-207 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-208 - 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-209 - RESTRICTION ON EMPLOYEES PURCHASING UNDER TERMS OF A STATE CONTRACT

Current through June 25, 2024
Mississippi Code Annotated §
									25-4-105(1)(1972,
				  as amended) 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 1 › Chapter 6 - ETHICS IN CONTRACTING FOR PERSONAL AND PROFESSIONAL SERVICES › Section 27-1-6-210 - 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 §
				  25-4-102(5)(1972, as amended) 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-101 - 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 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 the MSPB (unless exempt from the PSCRB) and a provider of
				  the services.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-102 - 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 $50,000 or less may
				be procured from any source following agency rules and regulations;
(b) Service contracts greater than $50,000
				and not exceeding $100,000 may be procured from the lowest acceptable bidder
				after obtaining three written quotes in conformity with the small purchases
				provisions of the PSCRB regulations;
(c) Service contracts over $100,000 may be
				procured from the lowest bidder or the best proposal after advertising and
				soliciting for bids or proposals in accordance with
PSCRB Rules and
				Regulations
, and subject to approval by the PSCRB;
(d) If the cumulative total of multiple
				service contracts between an agency and one vendor exceed $100,000 then SPAHRS
				will automatically route the contract to the PSCRB for approval;
(e) Procedures and regulations regarding
				sole-source procurement are addressed in 3-205; and
(f) Procedures and regulations regarding
				emergency procurement are addressed in 3-206.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-103 - PRE-REVIEW OF INVITATIONS FOR BIDS AND REQUESTS FOR PROPOSALS

Current through June 25, 2024
An Invitation for Bid (hereinafter "IFB") or Request for
				  Proposal (hereinafter "RFP") 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 or RFP should be submitted in final form (as
				  if being produced to inquiring vendors) and include (1) the advertisement, (2)
				  the IFB or RFP, and (3) the proposed contract. The PSCRB staff will review the
				  IFB or RFP specifically to evaluate compliance with the PSCRB regulations. The
				  PSCRB staff will notify the agency of necessary and/or suggested changes.
				  Responsibility for all IFB and RFP content rests with the agency. Review of the
				  IFB or RFP 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 or RFP 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 or RFP 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-104 - SUBMISSION DEADLINES

Current through June 25, 2024
The PSCRB will hold one regularly scheduled meeting the
				  Tuesday before the third Thursday every month on the Second Floor of the
				  Regions Bank Building, 210 East Capitol Street, in Jackson, Mississippi 39201
				  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
) , 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. Submission to PSCRB must be at least
				  15 working days prior to the scheduled PSCRB meeting date in order to be
				  considered for placement on the agenda for board action. Sixty (60) days after
				  submission, all contract packets which have not been presented to the PSCRB (or
				  staff approved, where authorized) will be returned to the agency with no
				  action.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-105 - DEADLINE EXCEPTION REQUESTS

Current through June 25, 2024
A request for exception to the 15 day submission deadline
				  must be submitted in writing directly to the Chairman of the PSCRB (MSPB
				  Executive Director) and must contain a detailed account of the circumstances
				  justifying 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-106 - 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-108 - RENEWALS

Current through June 25, 2024
A request to renew an existing PSCRB-approved contract is to
				  be electronically submitted to PSCRB no later than May 15 
				  th, along with all supporting
				  documentation. If approval by an appropriate regulatory board is required, such
				  approval must be obtained in sufficient time for the May 15 
				  th PSCRB deadline to be met. Any
				  request for exception to this deadline must follow the same procedure as
				  outlined in 7-105 (Deadline Exception Requests). 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. The renewal document must also be executed and submitted to
				  the PSCRB staff prior to the original contract term expiring. 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-109 - MODIFICATIONS

Current through June 25, 2024
A request to modify an existing PSCRB-approved contract is
				  to be submitted to the PSCRB at least 15 working 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 7-105 (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.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-110 - 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 3-602.01
				  (Statutory Authority to Audit) or to take other action as deemed appropriate.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-111 - 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-112 - 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 7-111 (Protest Documents).
7-112.01
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.
7-112.02
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.
7-112.03
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 or
				proposal, 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 1 › Chapter 7 - POLICIES AND PROCEDURES › Section 27-1-7-113 - 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.