12 Miss. Code. R. 9-1.3
The regulations herein, which are promulgated by PPRB in accordance with Mississippi Code Annotated § 27-104-7, shall be referred to collectively as the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, which may also be cited as "PPRB OPSCR Rules and Regulations." The purpose of the PPRB OPSCR Rules and Regulations is to set forth rules and regulations, along with other pertinent information, which Agencies should follow in the procurement of personal and professional services. Further, this manual shall serve as a source of information for personal and professional service contractors as to the proper procedures that shall be followed in doing business with the State of Mississippi.
The policies and procedures set forth herein apply only to contracts for personal and professional services requiring approval by PPRB and the process used to procure those contracts. See Section 1.1.4.
These regulations shall apply to every expenditure of public funds via a contract for personal or professional services, irrespective of source; however, in the event of a conflict, the guidelines of the funding source shall prevail, including but not limited to a grant, a gift, or self-generated funds. In the event of such a conflict, the Agency shall make a written determination citing the funding source requirement, the basis of the conflict with these regulations, and the action taken by the Agency to be compliant with the funding source.
These regulations establish policies, procedures, and guidelines relating to the procurement, management, and control of personal and professional service contracts under the authority of these regulations. These regulations shall be construed and applied primarily to promote competition, fairness, and transparency in the procurement process in order to obtain maximum value for the procuring Agency. The regulations shall also be construed and applied to make public procurement processes more reliable, to provide for increased public confidence in the procedures used to obtain personal and professional services, to maximize to the fullest extent practicable the purchasing value of public funds of the state, and to provide safeguards which promote integrity in the procurement process.
In these regulations, unless the context requires otherwise, words in the singular include the plural, and those in the plural include the singular; and words of a particular gender include any gender and the neutral, and words of a neutral gender may refer to any gender.
If any provision of the PPRB OPSCR Rules and Regulations or any application thereof 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 this end the provisions of these regulations are declared to be severable.
These regulations, when approved by PPRB as authorized by Mississippi Code Annotated § 27-104-7(f), shall be in effect as written until amended or repealed by PPRB or by law.
Any changes to the rules and regulations governing personal and professional service contracts shall be submitted to the AET Chairs and the Appropriations Chairs at least 15 calendar days before PPRB votes on the proposed changes. Any changes to the rules and regulations adopted by PPRB shall be promulgated in accordance with the Mississippi Administrative Procedures Law, codified at Mississippi Code Annotated § 25-43-1.101, et seq.
Service of any notice required by these rules and regulations shall be in compliance with Mississippi Code Annotated § 25-43-1.106. Unless specifically stated otherwise, all time limitations in these rules and regulations shall be calculated as described in Mississippi Code Annotated § 25-43-1.106.
The rules and regulations herein shall become effective on September 6, 2024. Compliance with these rules and regulations is required for:
Agencies are discouraged from including language in the solicitation document which conflicts with these rules and regulations. However, where an Agency's solicitation language plainly conflicts with any of the rules and regulations herein, the language providing wider latitude or more expansive opportunities to the participating vendors controls. While an Agency may provide more flexibility to vendors participating in the procurement process than allowed for in these rules and regulations, the Agency shall not provide less.
For example, if an Agency's solicitation document provides potential bidders more than three business days to request reconsideration of the terms of the solicitation, in conflict with Section 5.2.4, the number of days provided for in the solicitation document would control. However, if an Agency's solicitation document provided less than three business days to request reconsideration, Section 5.2.4's three-day requirement would control.
All vendors participating in a procurement pursuant to these rules and regulations are deemed to be on notice of all the rights and obligations imposed upon the vendor herein.
12 Miss. Code. R. 9-1.3