Mississippi Administrative Code

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. 100-5-202 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016…

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 federal or state law(s). 5-203.01 Determination that Solicitation or Award Violates …

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 Solicitations). 5-205.01 Termination Contracts based on awards or solicitations that were in violatio…

(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) 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 which he is associate…

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 § 25-4-105…

Board members of the PSCRB hold positions of public trust and are charged with ensuring a fair, transparent process for the solicitation and selection of personal and professional services contracts. Each board member is individually responsible for upholding the public trust by …

This chapter provides the administrative procedures for submitting required documentation to implement state agency contract requests for personal and professional services. For the purposes of these procedures, a service contract is defined as an agreement for the provision of s…

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 $75,000 or less may be procured as provided in Sectio…

Prior to entering into a contract, any agency that seeks to procure personal or professional service contracts that are required to be approved by the PSCRB may request an exception from any requirement that the agency use competitive bidding as a procurement method by submitting…

An IFB, RFP, or RFQ for a contract under the purview of the PSCRB may be electronically submitted to the PSCRB staff for consultant review prior to advertisement or issuance. The IFB, RFP, or RFQ should be submitted in final form (as if being produced to inquiring vendors) and in…

The PSCRB will hold one regularly scheduled meeting the Tuesday before the third Thursday every month at the MSPB Offices in Jackson, Mississippi unless a special meeting is called by the PSCRB Chairman. Notice of meetings may be found posted on the MSPB website (http://www.mspb.…

Any contract submitted to the PSCRB for review and approval shall be presumed to be approved if the PSCRB does not object to the contract within thirty (30) days of the agency's submission of the contract. If the PSCRB rejects a contract that has been submitted for review or appr…

A request for exception to the submission deadline contained in Section 7-105 must be submitted in writing directly to the Chairman of the PSCRB (MSPB Executive Director) and must contain a detailed account of the circumstances, which must be compelling, that justifies the except…

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. 100-7-109 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016

A request to renew an existing PSCRB-approved contract must be submitted and approved by PSCRB before the contract expires. If approval by an appropriate regulatory board is required, such approval must be obtained in sufficient time for the submission deadline contained in Secti…

A request to modify an existing PSCRB-approved contract is to be submitted to the PSCRB thirty (30) calendar 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. 100-7-116 Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016

After the approval of a contract by the PSCRB, the contract may be executed by the agency and the vendor. The contract, including any accompanying exhibits, attachments, and appendices, is subject to the Mississippi Public Records Act of 1983 and its exceptions. See Mississippi C…

7-118.01 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 …

From July 1, 2016 through June 30, 2018, the Department of Human Services (DHS) must give PSCRB notice before entering into any proposed personal service contract which is determined by the DHS Agency Head to be useful in establishing and operating the Department of Child Protect…

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…

The Mississippi State Personnel Board (hereinafter referred to as "MSPB") consists of five members appointed by the Governor for staggered five year terms. MSPB holds its regularly scheduled meeting the third Thursday of every month, at 10:00 a.m., CST, on the Second Floor of the…

MSPB complies with requests for information under the Mississippi Public Records Act of 1983, Mississippi Code Annotated §§ 25-61-1 et seq., according to the following policies: A. Requests for information under the Mississippi Public Records Act of 1983 should be marked "Request…

A. The online system of record (hereinafter referred to as "OSR") is the repository of record for agencies which fall under the purview of MSPB. Any reference in this manual to OSR also means any other state system that replaces OSR, including Mississippi's Accountability System …

This section sets forth the Mississippi State Personnel 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 MSPB's procedures regarding the disposition of request…

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 MSPB pursuant to the Administrative P…

In order for an agency to transact business with MSPB's Office of Classification, Compensation, and Recruitment, that agency must submit in an MSPB-approved format a list of people designated by the appointing authority who are authorized to do so. The agency must designate a per…

This chapter contains definitions which are used throughout this manual. However, if anything in this chapter is found to be inconsistent with any state or federal statute, the statute takes precedence. Notes 27 Miss. Code. R. 110-2.0 Amended 7/1/2021 Amended 7/3/2023 Amended 7/1…