12 Miss. Code. R. 9-14.8
Contracts shall be submitted 30 days prior to the PPRB meeting at which you are seeking approval. In order for the contract to be considered for placement on the PPRB Agenda, the contract, the Agency Procurement File, all forms required by OPSCR, and all documents required to demonstrate the Agency acted in compliance with the rules and regulations herein shall be submitted prior to the submission deadline.
The submission deadlines are applicable for contracts requiring PPRB approval and contracts for which PPRB has delegated approval authority to OPSCR (staff approvals).
See Section 1.2.1 regarding OPSCR's discretionary authority to retain the contract for an additional month where OPSCR does not intend to recommend PPRB approve the contract.
Any renewals or modifications shall be submitted using the deadlines for the original contract described in Section 14.8.1. Such submission shall include the contract document which amends the contract, any forms required by OPSCR, and all documents necessary to prove compliance with the rules and regulations herein. In order for the contract renewal or modification to be approved, it shall have been contemplated by and in accordance with the solicitation.
Modifications shall not grant extra compensation, fee, or allowance to any contractor after service is rendered or contract is made, unless contemplated within the solicitation and original contract or unless the scope of services is increased.
See Exhibit 1 to this chapter for sample solicitation language where the Agency may need a price adjustment during the life of the contract.
Any modifications to a contract's scope of work shall have been contemplated in the solicitation. An Agency cannot modify a contract to include services which were not competitively procured. Any price increases or decreases due to modifications in the scope of work shall reflect the competitive pricing contemplated at the time of initial contracting which corresponds to the scope change.
PPRB delegates to OPSCR the ability to approve contract renewals in which the period of contract performance and the compensation are modified to reflect renewal year(s) in a manner which is strictly in conformance with the solicitation and no other terms and conditions of the contract are changed.
Modifications cannot be made to expired contracts.
Where laws or regulations governing the procuring Agency are amended during the life of the contract which affect the scope, quantity, or price of services provided, the contract may be amended to reflect those changes where the Agency can demonstrate the modification is narrowly tailored to meet the requirements of the amended law or regulation, the amended law does not fundamentally alter the scope of the services originally procured, and the pricing for the modification reflects the competitively procured price. Any Agency seeking an amendment under this paragraph shall submit a memorandum to OPSCR and the Agency Procurement File documenting compliance with this Section and signed by the Agency Head and the Agency's legal counsel.
PPRB has delegated authority to OPSCR to approve the following modifications:
* Previously approved contracts which contain scrivener's errors or have other technical problems which do not change the originally approved terms and conditions;
* Modifications which reduce the dollar amount of contracts only;
* Modifications in which the dollar amount and services are unchanged, including contracts with unit pricing in which the volume of services is modified but the scope and price of services is unchanged;
* Modifications extending the period of performance and increasing the contract funds strictly in accordance with the solicitation, as described Section 14.8.2;
* Short-term extension(s) of period of performance only, as described in Section 14.12.2.2.
* Modifications in which the contract is terminated in part or in full.
Any contract, modification, or renewal requiring approval by a regulatory board other than PPRB shall be submitted to and approved by the appropriate regulatory board prior to submission for approval by PPRB. Prior to final processing of the contract in MAGIC by OPSCR, the Agency shall submit either minutes demonstrating regulatory board approval or written communication from the chair of the regulatory board confirming the date the contract was approved by the regulatory board. The requirements of this Section also apply where approval is required by an entity other than a regulatory board.
Agencies shall enter the complete information required by SPAHRS and/or MAGIC which will transmit personal and professional service contracts to OPSCR for review and PPRB approval, where necessary. The Agency shall follow all procedures specified by DFA for entry of such information.
Agencies who encounter technical issues with or have any questions regarding SPAHRS or MAGIC should contact MMRS for additional information or assistance. As of the effective date of these rules and regulations, the easiest way to contact MMRS is to email mash@dfa.ms.gov. Additional information can be found on the DFA website.
12 Miss. Code. R. 9-14.8