27 Miss. Code. R. 100-6-204

Current through December 10, 2024

Section 27-100-6-204 - GRATUITIES

It shall be a breach of this regulation for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request. It shall further be a breach for any person to influence the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or proposal therefor through the offering or giving of a gratuity. The prohibition against gratuities prescribed in this section shall be conspicuously set forth in every contract and solicitation therefor.

6-204.01Gratuities Prohibition

6-204.01.1Relationship of Gratuity

In addition, the gratuity or offer of employment must be made in relation to any proceeding or application, request for a ruling, determination, claim or controversy, or other particular matter, and in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, action to influence the content of any specification or procurement standard, rendering of advice, investigation, auditing, or other advisory capacity to constitute a breach.

6-204.01.2Family

This prohibition extends to the giving of gratuities to anyone on the state employee's or former state employee's behalf such as a member of that employee's immediate family.

6-204.02When Prohibition Against Gratuities Not Applicable

Section -204 (Gratuities) does not prohibit

(a) the solicitation or acceptance of anything of monetary value from a friend, parent, spouse, child, or other close relative when the circumstances make it clear that the motivation for the transaction is unrelated to any procurement or program requirement with the State and is based upon a personal or family relationship;

(b) the participation in the activities of, or the acceptance of an award for, a meritorious public contribution or achievement from a charitable, religious, professional, social or fraternal organization, or from a nonprofit educational, recreational, public service, or civic organization;

(c) acceptance only on current customary terms of finance of a loan from a bank or other financial institution for proper and usual activities of state employees, such as home mortgage loans; or,

(d) acceptance of unsolicited advertising products or promotional material, such a pens, pencils, note pads, calendars, and other such items.

6-204.03Contract Clause

The following clause shall be conspicuously set forth in every contract and solicitation therefore requiring Personal Service Contract Review Board approval:

REPRESENTATION REGARDING GRATUITIES (Required)

The bidder, offeror, respondent, or contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 6-204 (Gratuities) of the Mississippi Personal Service Contract Review Board Rules and Regulations.

27 Miss. Code. R. 100-6-204

Adopted 1/15/2015

Amended 1/15/2015

Amended 4/14/2016

Amended 7/1/2016