12 Miss. Code. R. 9-11.2

Current through October 31, 2024

Section 12-9-11.2 - Contracting with a Governmental Entity Not Under Purview of PPRB

Where the procuring Agency is under PPRB's purview and the state Agency or other public entity with whom the procuring Agency is contracting is not under PPRB's purview, PPRB approval is required if the contract value is greater than $75,000.00.

11.2.1Agency Head Determination Required

The Agency Head shall submit a written determination explaining that:

(1) such services meet the Agency's requirements, and

(2) the price represents a fair market value ("FMV") for such services. This determination shall be made by the Agency Head and may not be made by a designee. The Agency shall provide sufficient documentation supporting the determination that the price represents FMV.

11.2.1.1Adequate Determination of FMV

PPRB shall have authority to determine whether the Agency's method of determining FMV was sufficient to show a reasonable, good faith effort to demonstrate FMV. However, neither OPSCR nor PPRB shall be responsible to determine whether the cost of personal and professional services is a true representation of FMV; that determination shall be made solely by the procuring Agency.

11.2.2Approval of PPRB

Government-to-government contracts described in Section 11.2 shall be submitted for PPRB approval prior to contract execution. Agencies shall refer to Sections 1.2.1, 1.2.2, and 14.8 regarding submission to OPSCR. Agencies may execute a contract at any point following oral approval of the contract by the PPRB. Agencies are not required to delay contract execution until the PPRB's minutes are final. See Section 1.1.7.3.

12 Miss. Code. R. 9-11.2

Adopted 9/6/2024