27 Miss. Code. R. 1-5-203
The provisions of this section specifically apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law.
A solicitation or award may be in violation of the law due to actions of state employees, bidders, offerors, contractors, or other persons. After consultation with the MSPB Special Assistant Attorney General, the PSCRB or an Agency Head may determine that a solicitation or contract award is in violation of the provisions of the Mississippi Personal Service Contract Review Board Rules and Regulations. After consultation with the MSPB Special Assistant Attorney General, the Ethics Commission may determine that a solicitation or award violates the Ethics in Public Contracting provisions of the Mississippi Personal Service Contract Review Board Rules and Regulations. Any such determination shall be made in writing after an opportunity to be heard is given, and such determination is subject to appropriate appeal.
Bad faith or fraud shall not be assumed. Specific findings showing reckless disregard of clearly applicable laws or regulations must support a finding of bad faith. A finding of fraud must be supported by specific findings showing knowing, willful acts in disregard of such laws or regulations. Mississippi Code Annotated § 31-7-57 (1972, as amended) holds state employees personally liable if they authorize or make a solicitation or award of a contract in violation of the law.
27 Miss. Code. R. 1-5-203