12 Miss. Code. R. 9-12.1
Mississippi Code Annotated § 27-104-7 contains numerous Agency-specific and/or service-specific contracts which do not require PPRB approval. Various other sections of the Mississippi Code may contain additional exemptions from PPRB's purview. Where an Agency is claiming a contract for personal or professional services is statutorily exempt and does not require PPRB approval, the Agency shall submit a memorandum signed by the Agency Head andthe Agency's legal counsel citing the statutory exemption and explaining how the exemption is applicable to the contract submitted.
It shall be the sole responsibility of the procuring Agency to determine whether a contract for personal or professional services meets any relevant statutory exemptions. OPSCR will accept a memorandum executed by the Agency Head and the Agency's legal counsel without independent analysis as to whether the exemption applies. OPSCR will approve the contract in MAGIC where the requirements of Section 12.1 are met.
The Mississippi Code may contain certain Agency-specific or service-specific exemptions for one or more elements of the procurement process rather than a contract being fully exempt from all procurement requirements and PPRB approval. The requirements and responsibilities in Sections 12.1 and 12.1.1 shall be applicable to any such exemption.
For example, Agencies which are required to issue an RFP for certain services are exempt from the requirement to have PPRB approve a petition for relief approving the Agency's request to use an RFP.
As of the effective date of these rules and regulations, Mississippi Code Annotated § 27-104-7 exempts contracts with attorneys, accountants, actuaries, auditors, architects, engineers, anatomical pathologists, and utility rate experts from requiring approval by PPRB. To qualify for the exemption, the Agency shall be contracting with a professional to provide the exempt professional service.
As examples, a contract with a paralegal for legal support services is not exempt under the "attorneys" exemption as the contracting party is not an attorney. Similarly, a contract with an accounting firm to provide call center services is not exempt under the "accountants" exemption as the firm is not providing professional accounting services.
Although exempt from the requirements herein, contracts with attorneys are not exempt from Mississippi Code Annotated § 27-104-105, the relevant regulations promulgated by the Mississippi State Personnel Board, the relevant regulations promulgated by the Office of the Attorney General, or any other relevant laws.
Although exempt from the requirements herein, contracts with engineers and architects are not exempt from Mississippi Code Annotated § 31-11-3(7), the relevant regulations promulgated by the Bureau of Building, Grounds, and Real Property Management at DFA, or any other relevant laws.
12 Miss. Code. R. 9-12.1