Mississippi Administrative Code

In general, state agencies have limited authority to pay taxes. Therefore, any reference to taxes owed in contracts should be reviewed with legal counsel. Agencies should may want to consider deleting sections pertaining to the payment of taxes during negotiations with the vendor…

The Public Procurement Review Board (PPRB) as provided for under Section 27-104-7, Mississippi Code of 1972, Annotated shall approve any purchasing regulation established as provided for in Section 31-7-9, Mississippi Code of 1972, Annotated, and shall act upon those purchasing t…

As per Section 31-7-1(i), Mississippi Code of 1972, Annotated, Certified Purchasing Office shall be defined as any purchasing office in which 50% or more of the purchasing agents hold a certification from the Universal Public Purchasing Certification Council or other nationally r…

Unless otherwise authorized by law, all contracts for commodities, equipment and printing shall be negotiated contracts by the OPTFM as set forth in Subsection 2.103.04, Commodities, Equipment and Printing, or shall be awarded by competitive sealed bidding pursuant to Section 3.1…

See Office of Personal Services Contract Review Rules and Regulations. Notes 12 Miss. Code. R. 6-3.111 Adopted 1/1/2018

The determinations required by Subsection 3.106.09, Pre-Opening Modification or Withdrawal of Bids, Subsection 3.106(6), Competitive Sealed Bids, Cancellation of Awards, Subsection 3.107(1), Competitive Sealed Proposals, Conditions for Use, Subsection 3.107.(4), Competitive Seale…

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules by the Department of Archives and History. Notes 12 Miss. Code. R. 6-3.123 Adopted 1/1/2018

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 reas…

The Chief Procurement Officer may obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. Notes 12 Miss. Code. R. 6-4.105 A…

Specifications written to invite bidding for term contracts when issued for the first time will be sent to selected competitive vendors for their review and comment prior to the request for formal bid. A standard form will be furnished with these specifications with questions tha…

(1) Cooperative Purchasing - procurement conducted by, or on behalf of, more than one Public Procurement Unit, or by a Public Procurement Unit with an External Procurement Activity. (2) External Procurement Activity - any buying organization not located in this State which, if lo…

Any public procurement unit may sell to, acquire from, or use any commodities belonging to another public procurement unit or external procurement activity as authorized by Sections 31-7-7 and 31-7-13, Mississippi Code 1972, Annotated. Notes 12 Miss. Code. R. 6-7.104 Adopted 1/1/…

The Office of Purchasing, Travel and Fleet Management may enter into multi-state contracts which allow state agencies and governing authorities to purchase commodities and equipment, at prices established by the contract. Notes 12 Miss. Code. R. 6-7.105 Adopted 1/1/2018

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 b…

(1) 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 mus…

(1) 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: (a) The employee or any member of the employee's immediate family has a financial interest pertaining to the pr…

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…

Section 25-4-105(1), Mississippi Code of 1972, Annotated, 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 or attempt to obtain pecuniary benefit for any relative or a…

Section 25-4-105(3)(b), Mississippi Code of 1972, Annotated, states, "No public servant shall be a purchaser, direct or indirect, at any sale made by him in his official capacity or by the governmental entity of which he is an officer or employee, except in respect of the sale of…

It is the policy of the State of Mississippi to identify, avoid or mitigate conflicts of interest in contracting with independent contractors and consultants for services related to the subsequent competitive acquisition of commodities as defined in Section 31-7-1(e), Mississippi…

This debt management policy is designed to provide for the effective management of the general obligation debt issued by the State of Mississippi under the purview of the State Bond Commission in a manner consistent with state and federal law and State Bond Commission policies. N…

The State Bond Compliance Officer is charged with the responsibility throughout this document of ensuring compliance with matters related to the pre-issuance and post-issuance of tax-exempt debt and Direct Payment BABs issued by the State of Mississippi through the State Bond Com…

The State Bond Commission shall designate representatives (to include the Debt Management Coordinator) to review this policy at least annually, and suggest revisions or updates as deemed appropriate. Notes 12 Miss. Code. R. 7-1.11 § 31-17-1, 31-18-3, 31-18-5, 31-17-153 Amended 1/…

The State Bond Commission's objectives within this policy are to maintain (1) compliance with state and federal law, (2) cost-effective access to the capital markets through prudent policies, and (3) moderate debt and debt service payments with effective planning. The State Bond …

Unless otherwise directed by law, the State Bond Commission may only issue general obligation debt on behalf of the State of Mississippi if the project for which the debt is issued meets the following criteria: (1) In the instance of issuance of a tax-exempt bond, the project is …

The State Bond Commission is established under the statutory authority of Section 31-17-1, Mississippi Code of 1972. The State of Mississippi issues its general obligation debt only upon authorization granted by the Mississippi Legislature through the passage of legislation. The …

When allowed by state law, the State Bond Commission may use a competitive or a negotiated process to select the bond counsel, financial advisor, swap advisor, underwriter, swap counterparty, liquidity provider, paying agent, insurer, remarketing agent, trustee, surety provider, …

The State of Mississippi selects bond counsel through a competitive selection process to provide bond and tax counsel services related to the issuance of general obligation and revenue bonds of the State. Bond counsel are expected to provide validity opinions, tax opinions, tax c…

The American Recovery and Reinvestment Act of 2009 ("ARRA") authorized bonds known as Build America Bonds ("BABs"). ARRA added Section 54AA to the Internal Revenue Code (the "Code"), which authorizes state and local governments to issue BABs as taxable governmental bonds with fed…

Variable rate debt is a useful tool for the State Bond Commission to utilize to diversify its debt portfolio, reduce interest costs, provide interim financing for capital projects and improve the match of assets to liabilities. The State Bond Commission will use the guidelines se…

This section sets forth the State's policy as it relates to derivatives, which may be entered into prior to, simultaneously with or subsequent to any related fixed or variable rate transaction. The use of derivatives is intended to reduce the State's exposure to fluctuations in i…

The Director of the Bond Advisory Division of the Department of Finance and Administration (DFA) shall be the Bond Compliance Officer responsible for each bond issuance under the purview of the State Bond Commission of the State of Mississippi. All information related to State-is…

If the persons responsible for ensuring compliance with activities defined in this policy discover that a violation with federal tax laws may have occurred, it may address the violation through the applicable method listed below: A. Taking remedial actions as described in Section…

The Public Procurement Review Board ("PPRB") promulgates rules and regulations for the selection of personal and professional service contractors pursuant to its authority in Mississippi Code Annotated § 27-104-7. 1.1.1 Membership of PPRB Mississippi Code Annotated § 27-104-7 (1)…

With regard to contracts for personal and professional services, the Office of Personal Service Contract Review ("OPSCR") at DFA serves as necessary administrative support to PPRB, as provided for by Mississippi Code Annotated § 27-104-7(1)(e). 1.2.1 Submission for PPRB Approval …

The regulations herein, which are promulgated by PPRB in accordance with Mississippi Code Annotated § 27-104-7, shall be referred to collectively as the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, which may also be cited as "P…

These rules and regulations do not confer rights on any participant in the procurement process unless explicitly so stated. The following rights and responsibilities apply to any solicitation, contract, decision, or action which is subject to the PPRB OPSCR Rules and Regulations.…

The Public shall have access to procurement records pursuant to the requirements of the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1 through 25-61-19. Additionally, any person or vendor who has submitted documents to an Agency in respon…

As required in Mississippi Code Annotated § 27-104-7(2)(f)(ii), from and after July 1, 2024, DFA shall conduct solicitations for personal and professional services where the total contract value will exceed $75,000.00 for the following Agencies: * Mississippi Department of Marine…

PPRB does not approve or reject emergency contracts. Any determination as to whether such a contract meets the applicable emergency standard is in the sole discretion of the Agency Head of the procuring Agency. 10.1.1 Emergency Standard If the Agency Head determines that an emerg…

PPRB may approve new contracts or contract renewals beyond those originally contemplated in the original solicitation where exigent circumstances warrant such approval. 10.2.1 Definition of Exigent Circumstances Exigent circumstances are circumstances giving rise to a pressing ne…

If the PPRB reasonably suspects an Agency is using emergency or exigent circumstances contracts to circumvent the requirement to use other available methods of procurement, the PPRB shall make a report of any such suspicions first to the Agency Head of the procuring Agency. If th…

Where an Agency under the purview of PPRB contracts with another Agency under the purview of PPRB to provide personal and professional services, PPRB approval is not required. Such contracts shall be entered into MAGIC and shall be available for public inspection on the Transpare…

Where the procuring Agency is under PPRB's purview and the state Agency or other public entity with whom the procuring Agency is contracting is not under PPRB's purview, PPRB approval is required if the contract value is greater than $75,000.00. 11.2.1 Agency Head Determination R…

A Notice of Contract Award shall be prepared following (1) approval of PPRB, if applicable; (2) approval by any other boards or required entities, if applicable; and (3) execution of the contract, contract renewal, or contract amendment. The Notice of Contract Award shall be post…

Mississippi Code Annotated § 27-104-7 contains numerous Agency-specific and/or service-specific contracts which do not require PPRB approval. Various other sections of the Mississippi Code may contain additional exemptions from PPRB's purview. Where an Agency is claiming a contra…

A no cost contract is a contract in which there is no expenditure of public funds from any funding source (state, federal, or other). PPRB does not have purview over these contracts. Where any Agency is claiming a contract for personal or professional services is a no cost contra…