12 Miss. Code. R. 9-15.2
An Agency may petition PPRB to exclude a specific vendor from future contract awards from any or all Agencies under the purview of PPRB.
To initiate such a request, the Agency shall submit to the Director of OPSCR a written request for exclusion which is signed by the Agency Head. The request for exclusion shall state the reasons for the request and identify all documentation supporting the request. The request shall also state why excluding the vendor from contract awards by some or all agencies under PPRB purview is in the best interest of those Agencies. PPRB will not consider any issues or documentation which are not identified in the request. No supplementation of the request will be allowed.
On or before the day the request for exclusion is submitted to the Director of OPSCR, the Agency shall provide the vendor or its registered agent a copy of the request via certified mail, return receipt requested, or via personal service. Should the Agency choose to provide notice by personal service, proof of such service is required via affidavit of the individual who served the request. Proof of service shall be provided to the Director of OPSCR when the request is submitted.
The request for exclusion shall inform the vendor that exclusion is being sought pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations and that the vendor has the right to be represented by counsel.
If the vendor wishes to file a response to the request for exclusion, it shall be received by the Agency Head of the requesting Agency and the Director of OPSCR within 25 business days of the Agency's submission of the request to the Director of OPSCR. Supplementation of the response is prohibited.
It shall be the sole responsibility of the vendor to ensure the Agency Head and Director of OPSCR timely receive the response. Failure to timely file a response results in waiver of the vendor's opportunity to do so.
Because the only issues PPRB will consider in determining whether to exclude the vendor from future contract awards are those issues raised by the Agency, it is not necessary for the vendor to raise or address any issue not raised by the Agency.
A hearing on a request to exclude shall be conducted by a hearing officer, who shall make a written recommendation to the PPRB. The hearing shall be scheduled at the earliest opportunity the hearing officer is available and has had sufficient time to review the Agency's request and the vendor's response. A court reporter shall transcribe the hearing. As the hearing is administrative, the Mississippi Rules of Evidence are relaxed.
At least 30 business days prior to the hearing, the hearing officer shall issue an order stating the date, time, and location of the hearing. Within one business day of receiving the order, the Director of OPSCR shall publicly post the order on the DFA website and provide a copy of the order via email to all persons who have been reported to DFA as required by Section 1.2.4.
The email shall advise all persons reported to DFA under Section 1.2.4 of the opportunity to attend the hearing in objection to or in support of the request for exclusion. The email shall further instruct any persons who plan to object to or support the request for exclusion to notify the Director of OPSCR in writing at least 20 business days prior to the hearing. That notification shall state the basis for his or her objection to or support of the request for exclusion.
The hearing officer shall have the sole discretion to allow written submissions and/or oral arguments by such parties and shall provide the vendor notice of and an opportunity to respond to any such submissions. The hearing officer shall revise the scheduling order if necessary to provide a fair opportunity to the vendor to respond and to ensure the hearing officer has sufficient time to review all information relevant to the request for exclusion.
If the requesting Agency, the vendor, or any other party allowed to participate in oral arguments have questions about the hearing, those shall be submitted, in writing, to the Director of OPSCR at least 15 business days prior to the hearing. At least 10 business days prior to the hearing, the hearing officer shall issue an order providing the time allotted for oral arguments; any procedural limitations; responses to any timely received, reasonable, relevant questions; and any other matter the hearing officer deems appropriate or necessary for the efficient conduct of the hearing. The Director of OPSCR shall publicly post the order on the DFA website within one business day of receipt.
Absent extraordinary circumstances, a recommendation shall be provided to PPRB for consideration within 60 days of the hearing date. The written recommendation shall recite the evidence relied upon and the reasons for the action taken.
If PPRB grants the request to exclude the vendor, the Chair of the PPRB shall sign an order so stating. Within one business day of receiving the order signed by the PPRB Chair, the Director of OPSCR shall send a copy of such order to all persons who have been reported to DFA as required by Section 1.2.4 and post the order on the DFA website.
Any vendors who are excluded by PPRB from future contract awards shall be listed publicly on the DFA website for the duration of their exclusion. No contracts shall be approved by PPRB which are in contradiction to the exclusion order.
Any party seeking an exception to the procedural rules in Section 15.2 shall direct their request to the Director of OPSCR. The hearing officer shall have authority to unilaterally issue orders on any such request.
12 Miss. Code. R. 9-15.2