12 Miss. Code. R. 9-14.12
Where an Agency intended to renew a contract under the terms and conditions therein, and a good faith administrative mistake results in the contract having expired and/or being due to expire prior to PPRB approval of a renewal term, the Agency has the following options:
Once a contract has expired, the contract cannot be retroactively modified or renewed. Stringer, 1999 WL 529131 (Miss. A.G. June 25, 1999). However, where the contract has expired, but had been legally procured for additional contract terms, the Agency may enter a new contract with the same vendor under the same terms and conditions - including price - which would have applied had the renewal year(s) been exercised. Any new contract entered into under this Section shall be limited to the amount of time remaining in the procurement which resulted in the expired contract.
For example, if an Agency procured a service to be provided for three years with two optional one-year renewals, but the Agency mistakenly failed to renew the contract prior to the first renewal year being exercised, the Agency may enter into a new contract with the same vendor for one year with one optional one-year renewal under the same terms and conditions (including, but not limited to, price) as the original contract.
Under no circumstances may an Agency use this Section to contract with a different vendor than the vendor whose contract inadvertently expired or to contract for services which were not included in the expired contract.
The period of performance for any new contract entered into under this Section shall not be extended beyond the date the expired contract would have terminated by its own terms had all renewal periods been exercised.
Where an Agency has a contract that has not yet expired, but which will expire prior to the next regular meeting of PPRB, the Agency has the following two options:
Execute a renewal under the same terms and conditions which would have been applicable had the renewal been timely executed and approved by PPRB. The Agency shall petition PPRB for retroactive approval of the contract renewal. If PPRB declines to grant retroactive approval of the renewal, the contract renewal is deemed void and no payment shall be made thereon.
Execute a contract modification which extends the period of performance and makes no other changes to the contract. The modification is limited to the amount of time necessary to allow the Agency to obtain PPRB approval of a full contract renewal. PPRB has delegated authority to OPSCR staff to approve these limited "bridge" contracts.
12 Miss. Code. R. 9-14.12