27 Miss. Code. R. 110-6.5

Current through December 10, 2024
Section 27-110-6.5 - LEGAL SERVICES CONTRACT APPROVAL REQUESTS

The following procedures are for legal services contracts which must be approved by MSPB Board.

Mississippi Code Annotated § 27-104-105 states:

The Department of Finance and Administration shall not process any warrant requested by any state agency for payment for legal services without first determining that the services and contract were approved either by the Attorney General and the State Personnel Board, or as authorized under Section 7-5-39(3); contracts for legal services performed by the State Highway Department in eminent domain cases shall not require approval by the State Personnel Board. The State Auditor shall test for compliance with this section.

Therefore, state agencies must obtain approval of legal services contracts from both the Attorney General's Office and MSPB in order to be able to make payment for legal services provided to the agency. This requirement applies to any written or oral contract between an agency and any person or entity for the performance of legal services wherein payment for such services is to be processed by the Department of Finance and Administration.

Certain legal services contracts are exempt from this statutory requirement, including contracts for legal services entered into by the Mississippi Department of Transportation involving eminent domain activities and contracts for legal services entered into by the Attorney General's Office with state agencies for assignment of Special Assistant Attorneys General and contracts for legal services authorized pursuant to Mississippi Code Annotated § 7-5-39(3).

To facilitate the approval request process, MSPB delegates to the MSPB Executive Director the authority to review and approve or disapprove legal services contracts with a maximum contract value of $75,000.00 or less, including any modifications thereto. MSPB retains sole authority to review and approve or disapprove legal services contracts with a maximum contract value of more than $75,000.00. Contracts shall neither be artificially divided nor shall the extent of the service required be underestimated so as to circumvent MSPB's authority to review and approve or disapprove legal services contracts.

MSPB has adopted standardized procedures to assist state agencies in requesting approval in compliance with Mississippi Code Annotated § 27-104-105, and this policy provides the administrative procedures to be followed when requesting legal services contract approval from MSPB. This policy applies to all legal services contracts under the purview of MSPB effective on or after October 1, 2010 and all renewals or modifications of existing legal services contracts under the purview of MSPB effective on or after October 1, 2010.

27 Miss. Code. R. 110-6.5

Amended 7/1/2021
Amended 7/3/2023
Amended 7/12/2024