Mississippi Administrative Code

The Port make available to the general public at the time of the Meeting an agenda or materials distributed to members of the Port and staff of the Port present at the Meeting. Notes 28 Miss. Code. R. 301-11.7 Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25-41-1, et seq. Amen…

The Port shall provide the general public attending the Meeting from any designated remote location the opportunity to address the Board just as persons attending the primary or central location. Notes 28 Miss. Code. R. 301-11.8 Mississippi Code §§ 59-1-1, 59-1-9, 59-5-21, and 25…

The Port may make and enforce reasonable rules and regulations for conduct of persons attending its Meetings in order to avoid disruption. Any person shall be permitted to orderly and respectfully address the Board under the rules and regulations established herein. Any person ma…

The Mississippi State Port Authority at Gulfport shall follow the public purchasing laws expressed in §§ 31-7-1, et seq. of the Mississippi Code and any applicable provisions of the Mississippi Department of Finance and Administration, Office of Purchasing, Travel and Fleet Manag…

Purchase requisition form is completed when an employee signs a request for purchase and a Deputy Director or Director approves the requisition with his/her signature. Notes 28 Miss. Code. R. 301-12.2 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

The requisition is presented to the Purchasing Agent who then solicits prices on the goods or services requested. A. If the price of the good or service is under $5,000.00, then the purchasing agent will place an order with the lower priced vendor and issue a purchase order at th…

The solicitation and contract for any purchase anticipated to cost $50,000.00 or more shall be approved by the Board of Commissioners prior to advertisement. Any contract over $100,000.00 has to be approved by the Mississippi Development Authority. After approval from the Mississ…

Nothing herein shall be construed to be inconsistent with the rights provided to the Mississippi State Port Authority pursuant to § 59-5-37 of the Mississippi Code. Notes 28 Miss. Code. R. 301-12.5 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

To the extent U.S. Department of Housing and Urban Development Community Development Block Grant funds are utilized in a procurement, such procurement must fully comply with the applicable requirements set forth in 24 C.F.R. § 84.44 or 85.36, OMB Circulars A-87, A-122, A-21 or A-…

Any actual or prospective bidder, offerer, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Executive Director. The protest shall be submitted in writing within seven (7) days after such aggrieved person knows or should …

Any additional information requested by any of the parties should be submitted as expeditiously as possible to promote consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Executive Director may result in resolution of t…

When a protest has been filed within seven (7) days and before an award has been made, the Port Authority shall make no award of the contract until the protest has been settled unless the Executive Director makes a written determination, after consulting with the Board of Commiss…

The Port Authority shall, upon written request, make available to any interested party information submitted that bears on the substance of the protest except where information is proprietary, confidential, or otherwise permitted or required to be withheld by law or regulation. P…

A decision on a protest shall be made by the Executive Director as expeditiously as possible after receiving all relevant, requested information. Notes 28 Miss. Code. R. 301-13.13 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

The Executive Director will refuse to decide any protest when a matter involved is the subject of a proceeding before the Board of Commissioners or has been decided on the merits by the Board. If an action concerning the protest has commenced in court, the Executive Director shal…

A. Scope. This subsection applies to an appeal addressed to the Board of Commissioners of a decision under Rule 4 above. B. Time Limitations on Filing a Protest Appeal. The aggrieved person shall file an appeal with the Board of Commissioners within seven (7) days of an adverse d…

A contractor or prospective contractor that has appealed a protest decision pursuant to Rule 15 of this Chapter may request a hearing before the Board of Commissioners on the appeal. Such request must be received by the Board of Commissioners at the time the appeal is filed. Note…

If a hearing is requested, the Port Authority shall send a written notice of the time and place of the hearing before the Board of Commissioners. Notes 28 Miss. Code. R. 301-13.17 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

The Chairman of the Board, as hearing officer, in the conduct of the hearing, has the power, among others, to: A. hold informal conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proc…

A. Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with applicable due process requirements. The weight to be attached to evidence presented in any particular form will be within the discretion of the hearing officer. S…

The Executive Director or his designee(s) shall have the authority to settle and resolve a protest of an aggrieved bidder, offerer, or contractor, actual or prospective, concerning the solicitation or award of a contract. Notes 28 Miss. Code. R. 301-13.2 Mississippi Code §§ 59-1-…

The Chairman of the Board, as hearing officer, shall prepare a written decision regarding the Board of Commissioner's decision on the appeal as expeditiously as possible. The Board of Commissioner's final decision shall recite the evidence relied upon. The decision shall be sent …

A solicitation or award may be in violation of the law due to actions of state employees, bidders, offerers, contractors, or other persons. The Executive Director or the Board of Commissioners may determine that a solicitation or contract award is in violation of the provisions 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. Notes 28 Miss. Code. R. 301-13.22 Mississippi Code §§ 59-1-1, 59-1-9…

A finding by the Executive Director, after consultation with the Board of Commissioners, that the solicitation or proposed award is in violation of law will constitute a compelling reason to cancel or revise a solicitation or proposed award. Notes 28 Miss. Code. R. 301-13.23 Miss…

If after an award it is determined that the solicitation or award is in violation of the law, then the contract will be canceled. Notes 28 Miss. Code. R. 301-13.24 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

Contracts based on awards or solicitations that were in violation of law shall be terminated at no cost to the Port Authority, except as may be approved by the Board of Commissioners in compliance with state law. Notes 28 Miss. Code. R. 301-13.25 Mississippi Code §§ 59-1-1, 59-1-…

In all cases where a contract is voided, the Port Authority shall endeavor to return those supplies delivered under the contract that have not been used or distributed. No further payments shall be made under the contract and the Port Authority is entitled to recover the greater …

Any person or party receiving an adverse decision may appeal from a decision by the Board Protest Committee to the designated court or courts of the State. Notes 28 Miss. Code. R. 301-13.27 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

After notice of an appeal to the Board of Commissioners has been filed, a contractor may not discontinue such appeal without prejudice, except as may be authorized by the Board. Notes 28 Miss. Code. R. 301-13.28 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020…

If the protest is not resolved by mutual agreement, the Executive Director or his designee(s) shall promptly issue a decision in writing. The decision shall: A. state the reason(s) for the action taken; and B. inform the protestant of its right to an administrative hearing before…

A copy of the decision under Rule 13.3 of this Chapter shall be mailed or otherwise furnished immediately to the protestant and any other party intervening. Notes 28 Miss. Code. R. 301-13.4 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020

A decision under Rule 13.3 of this Chapter shall be final and conclusive, unless: A. fraudulent; or B. any person adversely affected by the decision appeals administratively to the Board of Commissioners in accordance with Rule 15 below. Notes 28 Miss. Code. R. 301-13.5 Mississip…

Complainants should seek resolution of their complaints initially with the Procurement Officer or the office that issued the solicitation. Such complaints shall be in writing. Notes 28 Miss. Code. R. 301-13.6 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020…

Protests shall be made in writing to the Executive Director, and shall be filed in duplicate within seven (7) business days after the protestor knows or should have known of the facts giving rise thereto. A protest is considered filed when received by the Executive Director. Prot…

Protestors may file a protest on any phase of solicitation or award including, but not limited to, specification preparation, bid solicitation, award, or disclosure of information marked confidential in the bid or offer. Notes 28 Miss. Code. R. 301-13.8 Mississippi Code §§ 59-1-1…

To expedite handling of protests, the envelope should be labeled "Protest." The written protest shall include as a minimum the following: A. the name and address of the protestor; B. appropriate identification of the procurement and if a contract has been awarded, its number; C. …

All operators and leaseholders at the Port have the legal obligation to notify various agencies of a release of any potentially hazardous substances. In the event a listed hazardous substance or extremely hazardous waste is released, in an amount equal to or exceeding the reporta…

The following information, if available at the time of the report being made, should be included: A. Name, address and telephone number of the individual reporting the incident; B. Name of the party or individual responsible for the incident; C. Mailing address of the responsible…

If the incident poses an immediate crisis as much of the above information as possible should be communicated and it is not necessary to take time to develop all the information prior to calling. As a matter of fact, failure to immediately notify could result in hefty fines being…

This operating procedure establishes the guideline procedures for the selection and engagement of outside professional project management, architectural, engineering, design, and construction management services for public works project at the Port of Gulfport that shall cost in …

This procedure assigns responsibilities and sets forth specific guidelines for the solicitation, evaluation, recommendation, and final selection of professional services to be engaged by the Mississippi State Port Authority. Notes 28 Miss. Code. R. 301-15.2 Mississippi Code §§ 59…

For projects that cost less than $50,000, the Executive Director may modify these guidelines to meet the specific project requirements. However, prior to a making a recommendation to the Port Commission, the Executive Director shall have received written proposals from at least t…

This operating procedure applies to all Mississippi State Port Authority management personnel involved in the solicitation, evaluation, and recommendation of professional project management, architectural, engineering, design, and construction management services. Selection of pr…

The Executive Director is primarily responsible for the selection process. The Executive Director shall make the final recommendation to the Port Commission. The award of professional services contracts rests with the Mississippi State Port Authority Board of Port Commissioners. …

The process for solicitation and evaluation of professional services recommended is as follows: A. RFQ/RFP. Preparation of a Request for Qualifications and Proposal to include, but not be limited to the following information: Project Identification, Project Objective/Goal, Requir…

The purpose of this procedure is to establish control and regulate the placement of signs of all types within the boundaries of the port. Notes 28 Miss. Code. R. 301-16.1 Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21 Amended 12/3/2020