reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.6 - DEBARMENT

Current through June 25, 2024
(1)
Initiation of Debarment
				Action:
Written notice of the proposed debarment shall be sent by
				certified mail to the contractor or prospective contractor. Such notice shall
				also be sent to the Attorney General and the affected agency or agencies that
				have current Leases with the contractor. If more than one affected agency is
				involved, the RPM Division Director may designate one or more representative to
				be consulted in respect to this action. The written notice shall:
a. State that debarment is being considered;
b. Set forth the reasons for the
				action;
c. State that if the
				contractor or prospective contractor so requests, a hearing will be held,
				provided such request is received by the RPM Division Director within seven (7)
				days after the contractor or prospective contractor receives notice of the
				proposed action.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.9 - DEBRIEFINGS

Current through June 25, 2024
Debriefings that furnish the basis of the source selection
				  decision and contract award may be provided by the agency procurement officer
				  only when the RLP includes evaluation factors other than total cost alone and
				  in accordance with the following:
(1)
				At the written request of any offeror who has submitted a proposal, debriefings
				may be given orally, in writing, or by any other method acceptable to the
				agency procurement officer. Such debriefings may be given at any time on or
				after the eighth (8 
				th) day after the agency has issued
				Notice of Intent to Award the Lease Contract. In no case may an offeror request
				a debriefing more than thirty (30) days after the agency has awarded the Lease
				Contract.
(2) An offeror's written
				request for a debriefing should include a list of any questions an offeror may
				have in order to assist the agency procurement officer or agency staff in
				preparing the debriefing.
(3) A
				debriefing may include:
a. The agency's
				evaluation of significant weaknesses or deficiencies in the proposal, if
				applicable;
b. The overall
				evaluated cost and other factor scores, if applicable, of the successful
				offeror and the debriefed offeror;
c. The overall ranking of all proposals;
d. A summary of the rationale for
				award; and,
e. Reasonable
				responses to relevant questions about whether source selection procedures
				contained in the RLP and applicable law were followed.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.1 - DEFINITION OF TERMS USED IN THIS SECTION

Current through June 25, 2024
(1)
Bona Fide
				Employee
- a person employed by a prospective contractor and subject to
				the prospective contractor's supervision and control as to the time, place, and
				manner of performance, who neither exerts no proposes to exert improper
				influence to solicit or obtain Mississippi Lease Contracts. In determining
				whether a bona fide employment relationship exists, the following factors
				should be considered:
a. Whether the
				employment is continuous;
b.
				Whether the person is subject to the supervision and control of the prospective
				contractor;
c. Whether the size of
				any contingent fee is reasonable in relation to the service performed;
d. Whether the method of payment
				of the contingent fee is customary in the trade; and,
e. Whether the person is employed solely by
				the prospective contractor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.2 - 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.
To achieve the purpose of this section, it is essential that
				  those doing business with the State of Mississippi also observe the ethical
				  standards prescribed herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.3 - GENERAL STANDARD OF ETHICAL CONDUCT

Current through June 25, 2024
(1)
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: Section 700.4
Employee Conflict of Interest
; Section
				700.5
Gratuities
; Section 700.6
Prohibition Against
				Contingent Fees
; and Section 700.7
Restrictions on Employment
				of Present Employees
.
(2)
Non-Employees:
Any effort to influence any public employee to
				breach the standards of ethical conduct set forth in this section and Section
				700.4
Employee Conflict of Interest
; Section
				700.5
Gratuities
; Section 700.6
Prohibition Against
				Contingent Fees
; and Section 700.7
Restrictions on Employment
				of Present Employees
is also a breach of ethical standards.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.4 - EMPLOYEE CONFLICT OF INTEREST

Current through June 25, 2024
(1) It shall be a
				breach of ethical standards for any employee to participate directly or
				indirectly in a procurement when the employee knows that:
a. The employee or any member of the
				employee's immediate family has a financial interest pertaining to the
				procurement;
b. 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,
c. Any person, business, or organization with
				whom the employee or any member of the employee's immediate family is
				negotiating or has an arrangement concerning prospective employment is involved
				in the procurement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.5 - 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, preparation of any part of a
				  program requirement or a Lease Request, influencing 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 thereof.
(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, to constitute a breach, and in
				connection with any:
a. Decision;
b. Approval;
c. Disapproval;
d. Recommendation;
e. Preparation of any part of a
				RLP;
f. Action to influence the
				content of any specification or procurement standard;
g. Rendering of advice;
h. Investigation;
i. Auditing; or,
j. Other advisory capacity.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.6 - ROHIBITION AGAINST CONTINGENT FEES

Current through June 25, 2024
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, except for retention of bona fide employees or bona fide
				  established commercial selling agencies for the purpose of securing business.
(1)
Influence Peddling:
The prohibition of this section 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.
(2)
Improper Influence:
A
				business employee or a commercial selling business should be conclusively
				presumed not to be bona fide if the Ethics Commission determines that improper
				influence has been or is being used to secure a state contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-700 - ETHICS › Section 12-8-700.7 - RESTRICTIONS ON EMPLOYMENT OF PRESENT EMPLOYEES

Current through June 25, 2024
Except as may be permitted by advisory opinions, 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. Notice
				  of this provision shall be provided in accordance with opinions promulgated by
				  the Ethics Commission.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-101 - GENERAL PROVISIONS › Section 12-9-1-101.01 - Purpose of the Personal Service Contract Procurement Regulations

Current through June 25, 2024
In 1997, the Mississippi Legislature established the
					 Personal Service Contract Review Board (hereinafter referred to as "PSCRB"),
					 and authorized it to "[promulgate rules and regulations governing the
					 solicitation and selection of contractual services personnel . . . ."
					 Mississippi Code Annotated §
										27-104-7(2)(f).
					 In 2017, the Mississippi Legislature abolished the Personal Service Contract
					 Review Board and delegated the authority of the PSCRB to the Public Procurement
					 Review Board (hereinafter referred to as "PPRB"). The purpose of the
Public Procurement Review Board Office of Personal Service Contract
					 Review Rules and Regulations
is to set forth rules and regulations,
					 along with other pertinent information, that agencies should follow in the
					 procurement of personal services. The policies and procedures set forth herein
					 apply only to those agencies which fall under the authority of the PPRB. With
					 the exception of the Mississippi Department of Transportation, agencies under
					 the authority of the PPRB include those agencies under the authority of the
					 Mississippi State Personnel Board (hereinafter referred to as "MSPB"). See
					 Appendix A. This manual is intended to be a comprehensive presentation of
					 regulations relative to obtaining personal and professional service contracts
					 pursuant to Mississippi Code Annotated §§
										27-104-7
					 and
					 31-7-401
					 through
					 31-7-423.
					 Further, it shall serve as a source of information for contractors, instructing
					 them as to the proper procedures that must be followed in doing business with
					 the State of Mississippi.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-101 - GENERAL PROVISIONS › Section 12-9-1-101.02 - Interpretation of Regulations › Section 12-9-1-101.02.01 - Interpretation, Purposes, and Policies

Current through June 25, 2024
These regulations shall be construed and applied to
						promote the underlying purposes and policies, which are:
(a) to simplify, clarify, and modernize the
					 regulations governing contracting for personal and professional services by
					 agencies of the State of Mississippi;
(b) to permit the continued development of
					 procurement policies and practices;
(c) to provide for increased public
					 confidence in the procedures followed in the public procurement for personal
					 services contracts;
(d) to ensure
					 the fair and equitable treatment of all persons who deal with the procurement
					 system of this State for personal service contracts;
(e) to provide increased economy in the State
					 of Mississippi procurement activities and to maximize to the fullest extent
					 practicable the purchasing value of public funds of the State;
(f) to foster effective broad-based
					 competition with the free enterprise system; and,
(g) to provide safeguards for maintenance of
					 a procurement system of quality and integrity.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-101 - GENERAL PROVISIONS › Section 12-9-1-101.02 - Interpretation of Regulations › Section 12-9-1-101.02.02 - Singular-Plural and Gender Rules

Current through June 25, 2024
In these regulations, unless the context requires
						otherwise:
(a) words in the singular
					 number include the plural, and those in the plural include singular; and,
(b) words of a particular gender
					 include any gender and the neuter, and when the sense so indicates, words of
					 the neuter gender may refer to any gender.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-101 - GENERAL PROVISIONS › Section 12-9-1-101.03 - Purpose and Implementation of these Regulations

Current through June 25, 2024
These regulations, issued by the PPRB, establish policies,
					 procedures, and guidelines relating to the procurement, management, and control
					 of personal and professional services contracts, as applicable, under the
					 authority of these regulations. These regulations are designed to achieve
					 maximum practicable uniformity throughout the State. Hence, implementation by
					 and within Mississippi agencies shall be consistent with these regulations and
					 any other regulations required by the funding source which may be more
					 stringent.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-102 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE

Current through June 25, 2024
Subject to principles of law and equity, these regulations
				  will govern the creation and administration of personal and professional
				  services contracts.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-103 - REQUIREMENT OF GOOD FAITH

Current through June 25, 2024
These regulations require all parties involved in the
				  negotiation, performance, or administration of personal and professional
				  services contracts to act in good faith.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-104 - APPLICATION OF THE REGULATIONS

Current through June 25, 2024
These regulations shall apply to every expenditure of public
				  funds irrespective of source; however, in the event of a conflict, the
				  guidelines of a grant, a gift, or self-generated funds shall prevail. Violation
				  of these regulations shall carry such penalties as may be applicable under
				  state law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-105 - SEVERABILITY

Current through June 25, 2024
If any provision of these regulations or any application
				  thereof to any person or circumstance is held invalid, such invalidity shall
				  not affect any other provision or application of these regulations which can be
				  given effect without the invalid provision or application, and to this end the
				  provisions of these regulations are declared to be severable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-106 - DURATION

Current through June 25, 2024
These regulations, when approved by the PPRB as authorized
				  by Mississippi Code Annotated §
									27-104-7(f),
				  shall be in effect as written until amended or repealed by the
				  PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 1 - PURPOSE OF BOARD AND REGULATION DEVELOPMENT › Sec2 12-9-1-301 - PUBLIC ACCESS TO PROCUREMENT INFORMATION

Current through June 25, 2024
Procurement information and any release of such information
				  is subject to the Mississippi Public Records Act, Mississippi Code Annotated
				  §§
									25-61-1
et seq.,
and Mississippi Code Annotated §
									79-23-1.
Contracts for personal or professional services that are
				  awarded or executed by any state agency, including the Department of
				  Information Technology Services and the Department of Transportation, are not
				  exempt from the Mississippi Public Records Act. See Mississippi Code Annotated
				  §
									25-1-100(5).
For all personal and professional services contracts awarded
				  by state agencies, the provisions of the contract which contain the personal or
				  professional services to be provided, the price to be paid, and the term of the
				  contract cannot be deemed a trade secret or confidential commercial or
				  financial information, and shall be available for examination, copying, or
				  reproduction in accordance with the Mississippi Public Records Act. See
				  Mississippi Code Annotated §
									25-61-9(7).
Any party seeking a protective order for a procurement
				  contract awarded by state agencies shall give notice to and provide the reasons
				  for the protective order to the party requesting the information in accordance
				  with the Mississippi Rules of Civil Procedure. The notice and reasons for the
				  protective order must be posted on the Mississippi procurement portal for a
				  minimum of seven (7) days before filing the petition seeking the protective
				  order in chancery court. Any party seeking a protective order in violation of
				  this subsection may be barred by a state agency from submitting bids, proposals
				  or qualifications for procurement for a period not to exceed five (5) years.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-101 - CREATION AND MEMBERSHIP OF THE MISSISSIPPI PUBLIC PROCUREMENT REVIEW BOARD › Section 12-9-2-101.01 - Terms of the Appointees

Current through June 25, 2024
One member appointed by the Governor will serve a term
					 ending June 30, 2019. One member appointed by the Governor will serve a term
					 ending June 30, 2020. One member appointed by the Governor will serve a term
					 ending June 30, 2021. One member appointed by the Lieutenant Governor will
					 serve a term ending June 30, 2019, and the other member appointed by the
					 Lieutenant Governor will serve a term ending June 30, 2020. After the
					 expiration of the initial terms, those appointed members' terms shall be a
					 period of four years from the expiration date of the previous term and until
					 such time as the member's successor is duly appointed and
					 qualified.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-102 - POLICY AND PROCEDURE FOR MEETINGS

Current through June 25, 2024
The members of the Public Procurement Review Board shall
				  elect a Chair from among the membership, and he or she shall preside over the
				  meetings of the board. The board shall annually elect a Vice Chair, who shall
				  serve in the absence of the Chair. No business shall be transacted, including
				  adoption of rules of procedure, without the presence of a quorum of the board.
				  Three (3) members shall be a quorum. No action shall be valid unless approved
				  by a majority of the members present and voting, entered upon the minutes of
				  the board and signed by the Chair. Necessary clerical and administrative
				  support for the board shall be provided by the Department of Finance and
				  Administration (DFA). Minutes shall be kept of the proceedings of each meeting,
				  copies of which shall be filed on a monthly basis with the Chairs of the
				  Accountability, Efficiency and Transparency (AET) Committees of the Senate and
				  House of Representatives and the Chairs of the Appropriations Committees of the
				  Senate and House of Representatives.
The PPRB will hold one regularly scheduled meeting the first
				  Wednesday of every month at the DFA Offices in Jackson, Mississippi unless the
				  first Wednesday falls on or near a holiday or a special meeting is called by
				  the PPRB Chair. Notice of meetings may be found posted on the DFA website (
http://www.dfa.ms.gov
) and the
				  Mississippi Public Meeting Notices website (
https://www.ms.gov/dfa/pmn
).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-103 - AUTHORITY AND DUTIES OF THE PUBLIC PROCUREMENT REVIEW BOARD › Section 12-9-2-103.01 - Procurement Regulations

Current through June 25, 2024
Regulations shall be promulgated with approval of the PPRB
					 in accordance with authority granted under Mississippi Code Annotated §
										27-104-7.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-103 - AUTHORITY AND DUTIES OF THE PUBLIC PROCUREMENT REVIEW BOARD › Section 12-9-2-103.02 - Discretionary Authority

Current through June 25, 2024
The PPRB shall have the discretion to grant exceptions to
					 these regulations when it is determined that it is in the best interest of the
					 State to do so and in keeping with the requirements of Mississippi Code
					 Annotated §
										27-104-7.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-103 - AUTHORITY AND DUTIES OF THE PUBLIC PROCUREMENT REVIEW BOARD › Section 12-9-2-103.03 - Amendment to the Regulations

Current through June 25, 2024
These regulations may be amended by the Board as
					 authorized in Mississippi Code Annotated §
										27-104-7
					 by submitting any changes to the Chairs of the Accountability, Efficiency, and
					 Transparency Committees of the Senate and House of Representatives and to the
					 Chairs of the Appropriations Committees of the Senate and House of
					 Representatives at least fifteen (15) days prior to the board voting on the
					 proposed changes and in compliance with the Administrative Procedures
					 Law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-104 - CONTINOUS INTERNAL AUDIT REQUIRED

Current through June 25, 2024
In conformity with Mississippi Code Annotated §§
									7-7-3(6)(d)
				  and
				  27-104-7(f),
				  each state agency shall, through its governing board or agency head, maintain a
				  continuous internal audit covering the activities of such agency affecting its
				  revenues and expenditures for personal and professional services contracts.
				  Each agency shall further maintain an internal system of pre-auditing claims,
				  demands, and accounts against the agency to adequately ensure that only valid
				  claims, demands, and accounts will be paid.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 2 - ORGANIZATION › Sec2 12-9-2-105 - AGENCY PROCUREMENT OFFICIALS

Current through June 25, 2024
On or before January 1 of each year, and every time a Chief
				  Procurement Officer is hired, each state agency shall provide to the Office of
				  Purchasing, Travel and Fleet Management (OPTFM) the name of each Chief
				  Procurement Officer and information identifying the state agency's central
				  procurement office, including location and director, if applicable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.02 - Exemptions Not Requiring Approval

Current through June 25, 2024
By authority of the Mississippi Legislature, service
					 contracts which do not exceed $75,000.00 do not require approval of the PPRB.
					 Contracts which do not exceed $75,000.00 shall follow the procedures set forth
					 in Section 3-205 (Small Purchases). The following are exempt from the purview
					 of the PPRB in accordance with Mississippi Code Annotated §
										27-104-7(2)(f)
					  and as determined by the PPRB when
					 performing duties for which they are licensed or certified:
(a) Accountant;
(b) Actuary;
(c) Engineer;
(d) Architect;
(e) Attorney;
(f) Utility rate expert services;
(g) Auditor; and,
(h) Any contracting authority exempt by State
				  statute (Mississippi Code Annotated §
										27-104-7)
				  including, but not limited to,
1 computer or
				  information technology related services governed by the Mississippi Department
				  of Information Technology Services;
2 personal service contracts entered into by
				  the individual state institutions of higher learning;
3 personal service contracts entered into by
				  the Mississippi Department of Transportation;
4 contracts for equipment repairs governed by
				  Mississippi Code Annotated §
											31-7-13;
5 personal or professional service
				  contracts entered into by the Board of Trustees of the Public Employees'
				  Retirement System (PERS) directly related to their constitutional obligation to
				  manage trust funds, including, but not limited to, actuarial, custodial banks,
				  cash management, investment consultant, and investment management contracts;
6 contracts entered into by the
				  Department of Human Services through June 30, 2019, which the Executive
				  Director of the Department of Human Services (DHS) determines would be useful
				  in establishing and operating the Department of Child Protection Services
				  (DCPS) after complying with Section 7-119;
7 personal service contracts entered into by
				  DCPS through June 30, 2019 after complying with Section 7-119; and
8 any contracts for entertainers and/or
				  performers at the Mississippi State Fairgrounds entered into by the Mississippi
				  Fair Commission.
If any agency determines that the vendor is performing
					 licensed or certified duties, the agency should document its determination and
					 include such documentation in the contract file.
The application of these exceptions shall be narrowly
					 construed in favor of open, competitive bidding, whenever possible.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.03 - Personal Liability

Current through June 25, 2024
Mississippi Code Annotated §
										31-7-57,
					 holds state employees personally liable if they authorize or make a
					 solicitation or award of a contract in violation of law.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.04 - Contract Workers › Section 12-9-3-101.04.1 - Request for Applications (hereinafter referred to as "RFA")

Current through June 25, 2024
Under this method of procurement, the agency sets the
						pricing for a contract worker contract or contracts. The procurement shall be
						publicized on the Mississippi Contract/Procurement Opportunity Search Portal in
						accordance with Mississippi Code Annotated §§
											25-53-151
						and 25-53-152 and in either the legal notices or employment section of a
						newspaper in accordance with Section 3-202.06 (Public Notice). The posting
						shall include the minimum qualifications for the contract worker position, the
						term and rate of pay and the deadline and manner for submitting applications.
						The minimum qualifications shall be established by the agency.
All applications received by the deadline shall be
						evaluated.
(a) For each contract
					 worker position to be filled, or positions if more than one is needed, the same
					 person or committee shall evaluate all applications.
(b) All applications shall be classified as
					 either acceptable or unacceptable.
a. For
					 applications classified as unacceptable, the applicant shall be promptly
					 notified in writing. A copy of the written notification shall be kept in the
					 Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.04 - Contract Workers › Section 12-9-3-101.04.2 - Procurement for Contract Worker when the Total Contract Value does not exceed $75,000.00

Current through June 25, 2024
The Agency Head shall adopt operational procedures for
						procuring contract workers when the total contract value does not exceed
						$75,000.00. Such operational procedures shall provide for obtaining adequate
						and reasonable competition and for making records to properly account for funds
						and to facilitate auditing of the Purchasing Agency. No approval by the PPRB is
						required for these purchases.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.04 - Contract Workers › Section 12-9-3-101.04.3 - Approval of WIN Contracts

Current through June 25, 2024
The state's accounting system routes WIN (contract
						worker) contracts with the same WIN number exceeding $75,000.00 to the PPRB for
						approval. The Office of Personal Service Contract Review (OPSCR) staff has the
						authority to approve WIN contracts for which the total contract value,
						including modifications, does not exceed $75,000.00 during any 12-month
						period.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.04 - Contract Workers › Section 12-9-3-101.04.4 - State Retiree Contract Workers

Current through June 25, 2024
Submissions for approval of WIN contracts for
						Mississippi State retirees shall include the completed PERS Form 4B for all
						contract worker contracts to ensure the contract complies with Mississippi Code
						Annotated §
											25-11-127.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-101 - CONTRACTING PROCEDURES › Section 12-9-3-101.05 - Net-of-fee Contracts

Current through June 25, 2024
Net-of-fee contracts do not involve expenditures of state
					 funds; they do not come under PPRB purview. An agency should maintain for its
					 file a written determination that a contract is net-of-fee.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.01 - Extension of Time for Acceptance of Bids, Proposals, or Qualifications › Section 12-9-3-102.01.1 - Expiration of Solicitation

Current through June 25, 2024
All competitive methods of procurement including but not
						limited to Invitations for Bids, Requests for Proposals and Requests for
						Qualifications shall expire one year from the date of opening bids, proposals
						and/or statements of qualification. Under no circumstances shall an issuance of
						a Best and Final Offer (BAFO) request extend beyond one (1) year from the date
						of opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.02 - Only One Bid, Proposal, or Qualification Received; No Bid, Proposal, or Qualification Received › Section 12-9-3-102.02.1 - One Bid Received

Current through June 25, 2024
If only one responsive and responsible bid is received
						in reply to an Invitation for Bids, an award may be made to the single bidder
						if the Chief Procurement Officer finds that the price submitted is fair and
						reasonable, and a list of other prospective bidders had reasonable opportunity
						to respond, or there is not adequate time for re-solicitation. Otherwise, the
						bid may be rejected pursuant to the provisions of Section 3-301.04
						(Cancellation of Solicitation; Rejection of all Bids, Proposals or
						Qualifications) and:
(a) the bid may
					 be re-advertised and new bids or offers may be solicited;
(b) the proposed procurement may be canceled;
					 or
(c) if the Chief Procurement
					 Officer determines in writing that the need for the supply or service
					 continues, but that the price of the one bid is not fair and reasonable in
					 comparison to both market research and historical data and there is not time
					 for resolicitation or resolicitation would likely be futile, the procurement
					 may then be conducted under Section 3-206 (Sole-Source Procurement) if allowed
					 under Section 3-201 (Method of Source Selection), or Section 3-207 (Emergency
					 Procurement) if the requirements of Section 3-207 are met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.02 - Only One Bid, Proposal, or Qualification Received; No Bid, Proposal, or Qualification Received › Section 12-9-3-102.02.2 - One Proposal or Qualification Received

Current through June 25, 2024
If only one proposal or qualification is received in
						response to a Request for Proposals or Request for Qualifications, the Chief
						Procurement Officer may either make an award in accordance with the procedures
						set forth in Section 3-203 (Competitive Sealed Proposals and Qualifications)
						or, if time permits, re-solicit for the purpose of obtaining competitive sealed
						proposals or qualifications.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.02 - Only One Bid, Proposal, or Qualification Received; No Bid, Proposal, or Qualification Received › Section 12-9-3-102.02.3 - No Bid, Proposal, or Qualification Received

Current through June 25, 2024
If no bid, proposal, or qualification is received in
						response to an Invitation for Bids, Request for Proposals, or Request for
						Qualifications:
(a) the solicitation
					 may be re-advertised and new bids, proposals, or qualifications may be
					 solicited;
(b) the proposed
					 procurement may be canceled; or,
(c) an emergency procurement may be made in
					 compliance with Section 3-207 if the requirements are met.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.03 - Alternative Bids or Proposals

Current through June 25, 2024
If alternate bids or proposals are allowed, the
					 solicitation shall state that such bids or proposals shall be accepted and the
					 solicitation shall specify their treatment.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.04 - Procuring Services Offered by Governmental Entities Not Under Purview of the PPRB › Section 12-9-3-102.04.1 - Contracts Between Two State Agencies Under Purview of the PPRB

Current through June 25, 2024
Contracts between two state agencies, both under PPRB
						purview (see Appendix A), do not require PPRB approval. However, the contracts
						shall still be entered into the enterprise resource planning system (SPAHRS
						and/or MAGIC).
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.05 - Bid and Performance Bonds for Service Contracts

Current through June 25, 2024
Bid and performance bonds or other security may be
					 required for service contracts as the Agency Head deems advisable to protect
					 the interest of the State. Any such requirements must be set forth in the
					 solicitation. Bid or performance bonds or other security should not be used as
					 a substitute for a determination of bidder or offeror responsibility.
					 Mississippi Code Annotated §
										31-5-51
					 sets forth bonding requirements applicable to construction contracts and may be
					 considered when establishing any such requirements for service contracts. An
					 agency may not specify a specific company or insurance agency from which bonds
					 should be purchased. If the requirement for a bid or performance bond or other
					 security is included in the procurement, it cannot be waived.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.06 - Conditioning Bids or Proposals Upon Other Awards Not Acceptable

Current through June 25, 2024
Any bid, proposal, or qualification which is conditioned
					 upon receiving award of both the particular contract being solicited and
					 another Mississippi contract shall be deemed non-responsive and not
					 acceptable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.07 - Lists of Contract Specifications or Deliverables

Current through June 25, 2024
All contracts for services shall include a list of
					 contract specifications or deliverables. These may be incorporated from the
					 scope of work included in the solicitation of bids, proposals, or
					 qualifications. This list shall be used as evaluation criteria when monitoring
					 contract performance in accordance with Section 4-102, Monitoring Contract
					 Performance, of these regulations. The description of services to be performed
					 should be result-oriented, not procedure-oriented, and shall at a minimum
					 include:
(a) what service is to be
				  performed;
(b) when the service is
				  to be performed;
(c) how
				  frequently the service is to be performed;
(d) where the service is to be performed;
(e) how much the service will
				  cost; and,
(f) why the service is
				  necessary.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.08 - Contractors Qualified To Transact Business

Current through June 25, 2024
Contractors shall be in compliance with Mississippi Code
					 Annotated §
										79-4-15.01
					 regarding authorization to transact business in Mississippi.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.09 - Responsibility of Bidders and Offerors › Section 12-9-3-102.09.1 - Application

Current through June 25, 2024
A written determination of responsibility or
						non-responsibility shall be made as provided herein and maintained in the
						Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.09 - Responsibility of Bidders and Offerors › Section 12-9-3-102.09.2 - Standards of Responsibility

Current through June 25, 2024
Factors to be considered in determining whether the
						standard of responsibility has been met include whether a prospective
						contractor has:
(a) available the
					 appropriate financial, material, equipment, facility, and personnel resources
					 and expertise, or the ability to obtain them, necessary to indicate its
					 capability to meet all contractual requirements;
(b) a satisfactory record of performance;
(c) a satisfactory record of
					 integrity;
(d) qualified legally
					 to contract with the State; and,
(e) supplied all necessary information in
					 connection with the inquiry concerning responsibility.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.09 - Responsibility of Bidders and Offerors › Section 12-9-3-102.09.3 - Information Pertaining to Responsibility

Current through June 25, 2024
The prospective contractor shall supply information
						requested by the Chief Procurement Officer concerning the responsibility of
						such contractor. If the contractor fails to supply the requested information,
						the Chief Procurement Officer shall base the determination of responsibility
						upon any available information or may find the prospective contractor
						non-responsible if such failure is unreasonable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.10 - Ability to Meet Standards › Section 12-9-3-102.10.1 - Duty Concerning Responsibility

Current through June 25, 2024
Before awarding a contract, the Chief Procurement
						Officer must be satisfied that the prospective contractor is
						responsible.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.10 - Ability to Meet Standards › Section 12-9-3-102.10.2 - Written Determination of Non-responsibility Required

Current through June 25, 2024
If a bidder or offeror is found non-responsible, a
						written determination of non-responsibility setting forth the basis of the
						finding shall be prepared by the Agency Head. A copy of the determination shall
						be sent promptly to the non-responsible bidder or offeror. The final
						determination shall be made part of the Agency Procurement File.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-102 - GENERAL PROVISIONS › Section 12-9-3-102.11 - Prequalification of Prospective Contractors › Section 12-9-3-102.11.1 - Prequalification

Current through June 25, 2024
Prospective contractors may be prequalified for bidder
						lists, but distribution of the solicitation shall not be limited to
						prequalified contractors, nor may a prospective contractor be denied award of a
						contract simply because such contractor was not prequalified. The fact that a
						prospective contractor has been prequalified does not necessarily represent a
						finding of responsibility.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-103 - NOVATION/BUYOUT OR CHANGE OF NAME › Section 12-9-3-103.01 - No Assignment

Current through June 25, 2024
No contract requiring PPRB approval is transferable or
					 otherwise assignable without the prior approval of the PPRB; however, a
					 contractor may assign monies receivable under a contract after due notice to
					 the State and the contracting entity, and with the approval of the
					 PPRB.