12 Miss. Code. R. 6-9.110

Current through December 10, 2024

Section 12-6-9.110 - Contractor/Consultant Conflict of Interest

It is the policy of the State of Mississippi to identify, avoid or mitigate conflicts of interest in contracting with independent contractors and consultants for services related to the subsequent competitive acquisition of commodities as defined in Section 31-7-1(e), Mississippi Code of 1972, Annotated.

The underlying principles of this policy are:

(1) Preventing the existence of conflicting roles that may bias a contractor's or consultant's judgment in its work for the State; and

(2) Preventing unfair competitive advantage.

An independent contractor or consultant hired by any state agency for the purpose of preparing or furnishing complete or essentially complete specifications which are to be used in competitive acquisition for the furnishing of the same services or equipment shall not:

(1) Be awarded a contract in the subsequent competitive acquisition of commodities; or

(2) Be a subcontractor or consultant to a bidder participating in the competitive acquisition of the same.

The Chief Procurement Officer may waive this policy by determining that its application in a particular situation would not be in the best interest of the State of Mississippi. Any request for a waiver must be in writing, shall set forth the extent of the conflict, and requires approval by the Chief Procurement Officer.

12 Miss. Code. R. 6-9.110

Adopted 1/1/2018