Mississippi Administrative Code

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…

A new request shall be defined as the initial submission of a contract for the performance of specified contractual services. Notes 27 Miss. Code. R. 1-7-107 Amended 10/15/2015

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 th…

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 …

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 prob…

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 …

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 v…

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…

SPAHRS no longer requires the transfer of spending authority from one fiscal year to the next for independent contractors. Notes 27 Miss. Code. R. 1-7-114 Amended 10/15/2015

After the approval of a contract by the PSCRB, the contract may be executed by the agency and the vendor and a copy of the executed contract must be electronically submitted to the PSCRB as soon as practicable. The executed contract must be identical to the proposed contract appr…

7-116.01 Entering Contract Information in SPAHRS An agency should enter complete contract information into the SPAHRS system and transmit it electronically to the PSCRB for review. The Request for Contract Personnel Services Approval form must be completed in full, following all …

This section applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Personal Service Contract Review …

This section sets forth the Personal Service Contract Review Board's rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Personal Service Contract Review Board's procedur…

1-101.01 Purpose of the Personal Service Contract Procurement Regulations In 1997, the Mississippi Legislature established the Personal Service Contract Review Board (hereinafter referred to as "PSCRB"), and authorized it to "[p]romulgate rules and regulations governing the solic…

Subject to principles of law and equity, these regulations will govern the creation and administration of personal and professional services contracts. Notes 27 Miss. Code. R. 100-1-102 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016

These regulations require all parties involved in the negotiation, performance, or administration of personal and professional services contracts to act in good faith. Notes 27 Miss. Code. R. 100-1-103 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016

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…

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 …

These regulations, when approved by the PSCRB as authorized by Mississippi Code Annotated § 25-9-120, shall be in effect as written until amended or repealed by the PSCRB. Notes 27 Miss. Code. R. 100-1-106 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016…

The words defined in this section shall have the meaning set forth below whenever they appear in the regulations, unless: (a) the context in which they are used clearly requires a different meaning; or, (b) a different definition is prescribed for a particular chapter or provisio…

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 a…

During the 1997 Regular Session, the Mississippi Legislature enacted legislation creating the Personal Service Contract Review Board. Mississippi Code Annotated § 25-9-120 provides that the PSCRB is to be composed of the Mississippi State Personnel Board Executive Director; two i…

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 members shall be a quorum. No action shall be valid unle…

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

In conformity with Mississippi Code Annotated §§ 7-7-3(6)(d) and 25-9-120(3), 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 …

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 Acceptance of Bids, Proposals, or Statements of Qualifications After opening bids, proposals, or statements of qualifications, the Procurement Officer may request bidders, offerors, or respondents to extend the time during which the State may accept…

3-103.01 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 …

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 personal and professional services shall be procured using one of the following competitive procurement methods: Competitive Sealed Bidding (Section 3-202), Competitive Sealed Proposals (Section 3-203), Competitive…

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…

3-204.01 Conditions for Use The competitive sealed qualifications procurement method is used when the qualifications or specialized expertise of the respondent is critical to meet the needs of the agency and is the most important factor in selection. Single or multiple awards may…

Any procurement for personal or professional services not exceeding $75,000, except for sole-source purchases, is considered a small purchase and may be made in accordance with small purchase procedures provided herein. Procurement requirements shall neither be artificially divid…

Sole-source procurements are limited to procurements in which the Agency Head determines in writing that only one source is available that can provide the required personal or professional service and the agency complies with all requirements of this section including, but not li…

The PSCRB does not approve emergency contracts. If the Agency Head of any agency determines that an emergency exists in regard to the procurement of personal or professional services so that the delay incident to undertaking a competitive procurement would threaten the health or …

Mississippi Code Annotated § 25-9-120 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 [B]oard." The PSCRB at its disc…

A Solicitation may be canceled, or any or all responses to the solicitation 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 contract file. 3-301.01 Scope of this Regul…

3-401.01 General Provisions (a) Determination of Non-responsibility: A written determination of non-responsibility of a bidder, offeror, or respondent shall be made and maintained in the agency's procurement file. The unreasonable failure of a bidder, offeror, or respondent to pr…

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

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 the sum of the portions is the total definite quantity required. An incremental a…

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 Competitive Procedures The PSCRB may, at reasonable times and places, audit the procurement records of any agency to ensure it has used competitive procedures to contract for the personal or professional service. (b) Audit of Cost or Pricing Data The State may, at re…

The determinations required by the following sections are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law: (a) Section 3-202.01(f) (Competitive Sealed Bidding Correction or Withdrawal of Bids; Cancellation of Awards); (b) Section …