27 Miss. Code. R. 1-1-201 - DEFINITIONS
The words defined in this section shall have the meaning set forth below whenever they appear in the regulations, unless:
(a) the context in which they are used
clearly requires a different meaning; or,
(b) a different definition is prescribed for
a particular chapter or provision.
1-201.01
Definition of Terms Used in
the Regulations
(a)
Agency shall be defined as any state board, commission, committee,
council, department or unit thereof created by the constitution or statutes if
such board, commission, committee, council, department, unit or the head
thereof is authorized to appoint subordinate staff by the constitution or
statute, except a legislative or judicial board, commission, committee,
council, department or unit thereof, Institutes of Higher Learning and the
Mississippi Department of Transportation.
(b)
Agency Head means the person
in charge of an Agency whether that person's title is Director, Executive
Director, Commissioner, etc. The term "Agency Head" shall also encompass a
designee duly appointed by the Agency Head.
(c)
Board shall mean the
Personal Service Contract Review Board.
(d)
Business means any
corporation, partnership, individual, sole proprietorship, joint stock company,
joint venture, or any other private legal entity.
(e)
Change Order means a written
order signed by the Procurement Officer directing the contractor to make
changes which the changes clause of the contract authorizes the Procurement
Officer to order without the consent of the contractor.
(f)
Consultant means the person
holding the position as Contract Analyst with the PSCRB.
(g)
Contract means all types of
agreement for the procurement of services, regardless of what they may be
called.
(h)
Contract
Modification means any written alteration in contract requirements,
deliverables, delivery point, rate of delivery, period of performance, price,
quantity, or other provisions of any contract accomplished by mutual action of
the parties to the contract.
(i)
Contractor means any person having a contract with a governmental
body.
(j)
Data means
recorded information, regardless of form or characteristic.
(k)
Day means calendar day,
unless otherwise specified.
(l)
Designee means a duly authorized representative of a person
holding a superior position.
(m)
Employee means an individual who performs services for a
governmental body by virtue of an employee/employer relationship with the
governmental body.
(n)
May denotes the permissive.
(o)
Person means any business,
individual, union, committee, club, other organization, or group of
individuals.
(p)
Procurement means buying, purchasing or otherwise acquiring any
services. It also includes all functions that pertain to the obtaining of any
services, including description of requirements, selection and solicitation of
sources, preparation and award of contract and all phases of contract
administration.
(q)
Procurement Officer means any agency personnel duly authorized to
enter into and administer contracts and make written determinations with
respect thereto. The term also includes an authorized agency representative
acting within the limits of authority.
(r)
Purchasing Agency means any
governmental body which is authorized by regulations to enter into contracts.
(s)
Regulation means
a governmental body's statement, having general or particular applicability and
future effect, designed to implement, interpret, or prescribe law or policy, or
describing organization, procedure, or practice requirements, which has been
promulgated in accordance with the Mississippi Administrative Procedures Law,
Mississippi Code Annotated ยงยง 24-43-1et seq. (1972,
as amended) .
(t)
Services mean the furnishing of labor, time, or effort by a
contractor, not usually involving the delivery of a specific end product other
than that which is incidental to the required performance.
(u)
Shall denotes the
imperative.
(v)
SPAHRS means the State Payroll and Human Resources System or any
other state system that replaces SPAHRS, including Mississippi's Accountability
System for Government Information and Collaboration ("MAGIC").
Notes
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