Mississippi Administrative Code

The Board shall annually elect a vice-chairman, who shall serve in the absence of the chairman. No business shall be transacted, including adoption of rules or procedure, without the presence of a quorum of the Board. Three (3) members shall be a quorum. No action shall be valid …

The PSCRB has the following powers and responsibilities as delineated in Mississippi Code Annotated § 25-9-120(3)(a) through (i) (1972, as amended): (a) Promulgate rules and regulations governing the solicitation and selection of contractual services personnel including personal …

In conformity with Mississippi Code Annotated §§ 7-7-3(6)(d) and 25-9-120(3)(1972, as amended), each state agency shall, through its governing board or executive head, maintain a continuous internal audit covering the activities of such agency affecting its revenues and expenditu…

3-101.01 Definition of Terms Used in this Chapter (a) Award is the acceptance by an agency of a bid or proposal submitted by a vendor with the intention of entering into a contract for services. (b) Bid shall be defined as an offer submitted by a prospective contractor in respons…

3-102.01 Extension of Time for Bid or Proposal Acceptance After opening bids or proposals, the Procurement Officer may request bidders or offerors to extend the time during which the State may accept their bids or proposals, provided that, with regard to bids, no other change is …

3-103.01 Definition An unsolicited offer is any offer other than one submitted in response to a solicitation. 3-103.02 Processing of Unsolicited Offers The Procurement Officer or Agency Head shall follow the provisions of this section in considering an unsolicited offer. If an aw…

3-104.01 No Assignment No contract requiring PSCRB approval is transferable or otherwise assignable without the prior approval of the PSCRB; however, a contractor may assign monies receivable under a contract after due notice to the State and the contracting entity, and with the …

Unless otherwise authorized by law, all Mississippi contracts for professional and personal services shall be procured using one of the following methods: (a) Section 3-202, Competitive Sealed Bidding; (b) Section 3-203, Competitive Sealed Proposals; (c) Section 3-204, Small Purc…

3-202.01 General Provisions (a) Conditions for Use: Contracts shall be awarded by competitive sealed bidding when a determination is made that this method is the best suited for a particular service. (b) Invitation for Bid: An Invitation for Bid shall be issued and shall include …

3-203.01 General Provisions (a) Conditions for Use: When, under regulations approved by the PSCRB, the Agency Head determines that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive seale…

Any procurement not exceeding $100,000 may be made in accordance with small purchase procedures provided herein. Procurement requirements shall neither be artificially divided nor shall the extent of the service required be underestimated so as to constitute a small purchase unde…

A contract may be awarded for a service without competition when the Agency Head determines in writing that there is only one source for the required service. 3-205.01 Application The provisions herein apply to all sole-source procurements unless emergency conditions exist as def…

Notwithstanding any other provision of these Regulations, the Agency Head may make or authorize others to make emergency procurements under emergency conditions as defined in these regulations, provided that such emergency procurement shall be made with such competition as is pra…

Mississippi Code Annotated § 25-9-120 (1972, as amended) authorizes the PSCRB to, "establish a preapproved list of providers of various personal and professional services for set prices with which state agencies may contract without bidding or prior approval from the board." The …

An Invitation for Bid, a Request for Proposal, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the State. The reasons shall be made part of the c…

3-404.01 General Provisions (a) Determination of Non-responsibility: A written determination of non-responsibility of a bidder or offeror shall be made. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to re…

Prospective suppliers may be prequalified for particular types of services. Solicitation mailing lists of potential contractors shall include but shall not be limited to such prequalified suppliers. 3-402.01 Prequalification 3-402.01.1 General Provision Prospective contractors ma…

3-403.01 General Provision (a) Contractor Certification: A contractor shall when requested by the buying entity, except as provided in Subsection 3 of this section, submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing da…

3-501.01 Scope of Regulation This regulation section contains descriptions of types of contracts and limitations as to when they should be utilized by the State in its procurements. Subject to the limitations of this section, any type of contract which will promote the best inter…

(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 include…

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…

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 perfor…

(a) Audit of Cost or Pricing Data The State may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to Section 3-403 (Cost or Pricing Data) to the extent that such books and records relate to such cost or pric…

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-…

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 p…

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 27 Miss. Code. R. 1-3-703 Amended 10/15/2015

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 (Requi…

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 follow…

(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 f…

(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 …

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. Notes 27 Miss. Code. R. 1-5-202 Amended 10/15/2015

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 o…

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 …

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 so…

(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 …

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…

(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 mu…

(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 p…

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 w…

(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 fu…

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 con…

(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…

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 …

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 whi…

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…

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 a…

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 follo…