Mississippi Administrative Code

6.7.1 Receipt of Proposals or Qualifications Each proposal or qualification shall be time and date stamped upon receipt, but not opened. All proposals and qualifications received shall be securely stored16 until the submission deadline has passed. Electronic proposals received sh…

Criteria that are not set forth in the RFP or RFQ may not be used to evaluate proposals or qualifications. The contract(s) shall be awarded to the responsive and responsible offeror(s) who was awarded the highest overall score(s) during the evaluation process. 6.8.1 Conflict of I…

After proposals or qualifications have been evaluated, the Agency shall issue a Notice of Intent to Award to the responsible and responsive offeror(s) whose proposal(s) or qualification(s) is determined in writing to be the most advantageous to the Agency taking into consideratio…

Pursuant to Mississippi Code Annotated § 27-104-7, PPRB has authority to develop and promulgate rules and regulations governing solicitation and selection of contract workers, as defined in Mississippi Code Annotated § 25-9-120. 7.1.1 Contract Workers vs. Independent Contractors …

A Request for Applications ("RFA") is the most commonly used method of procurement when the procuring Agency is seeking a contract worker. 7.2.1 Limitations on Use An RFA is not an allowable method of procurement to contract with an independent contractor. RFAs may only be used t…

The RFA shall be either advertised in a newspaper published in the county or municipality in which the Agency is located and/or the county or municipality where the services will be performed once per week for two consecutive weeks or advertised on one or more third party recruit…

Amendments to RFAs are used to: * revise the RFA such as updating the quantity, scope, or submission date; * correct defects or ambiguities in the RFA; or * to furnish to all prospective applicants information given to one prospective applicant where the lack of information would…

7.5.1 Receipt of Acknowledgement of Amendments Written acknowledgement of all amendments to the RFA shall be received from all applicants prior to issuance of the Notice of Intent to Award. Should any applicant fail to submit all necessary acknowledgement(s) with its application,…

Applications shall be evaluated to determine if the applicant was responsive to the RFA and whether the applicant meets the minimum qualifications such that the applicant can be deemed responsible. Pre-determined criteria shall be used to evaluate the responsive and responsible a…

The applicant(s) receiving the highest score following evaluation shall be awarded the contract(s). 7.7.1 Notice of Intent to Award Following evaluation and determination of the intended awardee(s), a Notice of Intent to Award shall be prepared, explaining the basis for determini…

At the Agency's sole discretion, an RFA may be canceled or any or all responses to the solicitation may be rejected when the Agency determines that it is in the Agency's best interest to do so. A memorandum stating the reasons for the cancellation or rejection shall be made part …

Mississippi Code Annotated § 27-104-7(2)(i) authorizes PPRB to, "establish a preapproved list of providers of various personal and professional services for set prices with which state [A]gencies may contract without bidding or prior approval from the [B]oard." PPRB, at its discr…

PPRB has approved statewide lists of preapproved vendors which were procured by OPSCR or DFA for various commonly used services. Any statewide PVL procured by OPSCR or DFA shall be solicited using one of the competitive methods of procurement described in Chapter 3. OPSCR or DFA …

PPRB has approved national cooperative portfolios of various personal and professional services as PVLs. Any national cooperatives an Agency wishes to have approved as a PVL shall have been procured through full and open competition using a source selection method substantially e…

Any Agency under the purview of PPRB may "piggyback" or contract using a procurement conducted by another Agency under the purview of PPRB. The personal and professional services shall have been solicited in compliance with these rules and regulations. The piggybacking Agency may…

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…

Where an Agency believes it has either type of sole source contract for personal and professional services, the Agency Head shall sign a written determination stating: * An explanation of the Agency's need, including why the particular service is the only one which will meet the …

9.2.1 Public Notice The Agency shall publish the following documents publicly on (1) the procurement portal and (2) the Agency website: * the Agency Head's signed written determination described in Section 9.1., * a complete copy of the proposed contract, and * instructions for f…

If a binding, valid court order has been issued mandating that a particular service provider be engaged for the required personal or professional service, the Agency shall submit to OPSCR (1) the Agency Head determination required by Section 9.1, (2) a full copy of the contract, …

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…

OPSCR shall report all Sole Source Procurements to PPRB and the AET Chairs. Agencies submitting sole source contracts shall cooperate with DFA in providing the information necessary for such reports. Notes 12 Miss. Code. R. 9-9.5 Adopted 9/6/2024

The Commission may at its discretion appoint committees to study and report to the Executive Director or the Commission any matter appropriate to the Commission's administration of the Act or these regulations. (Adopted: 09/25/1991; Amended: 01/22/1998.) Notes 13 Miss. Code. R. 1…

The terms defined in the Mississippi Gaming Control Act have the same meaning in these regulations as they have in that Act, unless the context otherwise requires. As used in these regulations, the following terms have the following definitions, unless the context requires otherw…

As used in this regulation (a) "Agency work product" means any paper, document, or other record prepared within the Commission, in performance of statutory authority, which contains opinions or recommendations submitted for consideration in the performance of decisional or policy…

Confidential records may only be released as prescribed in this regulation. Confidential records include, but are not limited to: (a) Agency work product; (b) Applicant records; (c) Financial records; (d) Transcripts of investigative and other closed hearings including, but not l…

(a) The Commission Chairman or the hearing examiner may allow any person interested in a contested case brought before the Commission by or against the Executive Director to file a document or portions of a document with the Commission under seal if: 1. The document or portions o…

A request for access to public records must be made to a custodian of records of the Commission. The Executive Director shall designate the custodians of the Commission's records. The custodians of records shall require payment of any duplication, or certification fees prior to r…

(a) Except as otherwise provided in this section, the Commission may only release confidential records if ordered to do so by a court of competent jurisdiction following compliance with Miss. Code Ann. § 75-76-153. (b) All requests for access to confidential records must be made …

An applicant, licensee, registered company, or enrolled person shall not, directly or indirectly, procure or attempt to procure from the Commission information or records that are not made available by proper authority. Any violation of this regulation constitutes reasonable caus…

No person shall be eligible to practice before the Commission unless such person is enrolled in accordance with these regulations, except that any individual may appear, without enrollment, on his own behalf or on behalf of a member of his immediate family, if such appearance is …

(a) Enrolled persons shall not be intentionally untruthful to the Commission, nor withhold from the Commission any information which the Commission is entitled to receive, nor interfere with any lawful effort by the Commission to obtain such information. (b) Enrolled persons shal…

An enrolled person who knows that a client has not complied with the Act or the regulations of the Commission, or that a client has made a material error in or a material omission from any application, report, or other document submitted to the Commission, shall advise his client…

Every application, report, affidavit, written argument, brief, statement of fact, or other document prepared or filed on behalf of a client represented by an enrolled person, must be signed by the enrolled person, and the signature shall be deemed to constitute a certification th…

Practice before the Commission shall be deemed to include all matters relating to the presentation of a client's matter to the Commission, the Executive Director, or a hearing examiner, including the preparation and filing of applications, reports, systems of internal control, fi…

The following persons may be admitted to practice before the Commission: (a) Attorneys at law admitted to practice before the Supreme Court of the State of Mississippi and who are lawfully engaged in the active practice of their profession. (b) Certified public accountants and pu…

An attorney or accountant meeting the qualifications described in section 3 shall be deemed automatically enrolled at the time the attorney or accountant first appears for or performs any act of representation on behalf of a client in any matter before the Commission. (Adopted: 0…

(a) The following persons may, upon motion of an enrolled person, be admitted to practice before the Commission for the purposes of a particular case or matter: 1. Attorneys at law who have been admitted to practice before the courts of any state or territory or the District of C…

(a) A person's enrollment to practice before the Commission shall be suspended automatically without a hearing if his professional license is suspended or revoked. (b) Any person enrolled to practice before the Commission may have his enrollment to practice suspended or revoked i…

(a) Any agent whose enrollment is suspended under section 6(a) shall be deemed automatically reinstated to practice before the Commission at the time he is reinstated to practice law or accounting by the applicable licensing authority. (b) Any agent whose enrollment is suspended …

The Commission may require all persons seeking to appear before it to disclose the identity of those they represent and to present proof that they are authorized to act on their behalf. (Adopted: 09/25/1991.) Notes 13 Miss. Code. R. 1-3.8 Miss. Code Ann. § 75-76-33

(a) Any person represented by an attorney, accountant, agent, or other person before the Commission shall be bound by the acts or omissions of such representative to the same extent as if he had acted or failed to act personally. (b) In any appearance by an attorney, accountant, …

No licensee or applicant for a license, without prior approval of the Mississippi Gaming Commission, shall hire any public servant of the government of the State of Mississippi or its political subdivisions, whose approval is necessary for the licensee or applicant to operate or …

Approval may be denied in the following instances: (a) Employment deemed to be in violation of the ethics laws of the State of Mississippi; (b) Public servant has been instrumental in licensing or other agency approval of licensee or applicant; (c) Employment poses a threat to th…

The Mississippi Gaming Commission will make a determination concerning future employment within thirty (30) days after written notice is served on the Executive Director and each commissioner. Failure to make a determination within the time allotted will constitute approval. Such…

Any public servant, licensee, or applicant aggrieved by a decision of the Mississippi Gaming Commission, regarding future employment, may request a hearing utilizing the procedural rules applicable to denial of a work permit. (Adopted: 06/28/1993.) Notes 13 Miss. Code. R. 1-4.4 M…

The terms defined in the Mississippi Gaming Control Act have the same meaning in these rules as in the Charitable Bingo Law unless otherwise indicated. As used in these rules, the following terms have the following meanings, unless the context clearly indicates otherwise. (a) "Ac…

(a) Charitable Organization License Fees: 1. $50 fee due at time of application. 2. $50 fee per charitable organization-owned machine per month or any part of a month. Fees are due by the 15th of succeeding month in which machine was used. 3. 1% of gross bingo proceeds of each se…