27 Miss. Code. R. 100-2-103 - AUTHORITY AND DUTIES OF THE PERSONAL SERVICE CONTRACT REVIEW BOARD

The PSCRB has the following powers and responsibilities as delineated in Mississippi Code Annotated § 25-9-120(3)(a) through (j):

(a) Promulgate rules and regulations governing the solicitation and selection of contractual services personnel including personal and professional services contracts for any form of consulting, policy analysis, public relations, marketing, public affairs, legislative advocacy services or any other contract that the board deems appropriate for oversight, with the exception of any personal service contracts entered into for computer or information technology-related services governed by the Mississippi Department of Information Technology Services, any personal service contracts entered into by the Mississippi Department of Transportation, any personal service contracts entered into by the Department of Human Services through June 30, 2018, which the Executive Director of the Department of Human Services determines would be useful in establishing and operating the Department of Child Protection Services, any personal service contracts entered into by the Department of Child Protection Services through June 30, 2019, and any contract for attorney, accountant, auditor, architect, engineer, and utility rate expert services. Any such rules and regulations shall provide for maintaining continuous internal audit covering the activities of such agency affecting its revenue and expenditures as required under Mississippi Code Annotated § 7-7-3(6)(d). Any rules and regulation changes related to personal and professional services contracts that may be proposed by the Personal Service Contract Review Board shall be submitted to the Chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives at least fifteen (15) days prior to the board voting on the proposed changes, and such rules and regulation changes, if adopted, shall be promulgated in accordance with the Mississippi Administrative Procedures Act;

(b) Approve all personal and professional services contracts involving the expenditures of funds in excess of Seventy-Five Thousand Dollars ($75,000);

(c) Develop mandatory standards with respect to contractual services personnel which require invitations for public bid, requests for proposals, record keeping, and financial responsibility of contractors. The Personal Service Contract Review Board shall, unless the contract is exempt from competitive procurement under Mississippi Code Annotated § 25-9-120(3)(c), (d), or (j), require the agency involved to advertise such contract for public bid, and may reserve the right to reject any or all bids;

(i) Any agency that seeks to procure personal or professional service contracts that are required to be approved by the Personal Service Contract Review Board may petition for relief from any requirement that the agency use competitive bidding as a procurement method. The agency shall be required to show to the Personal Service Contract Review Board's satisfaction one (1) of the following:

1. Federal law or federal court order has established limitations on the use of competitive bidding for the personal or professional contracts the agency is seeking to procure; or

2. The agency is required to hire professionals whose members are prohibited from bidding by the rules of professional conduct promulgated by the regulating agency or agencies for that professional; or

3. The agency can establish that the use of competitive bidding will be counterproductive to the business of the agency.

(ii) If the Personal Service Contract Review Board determines that competitive bidding shall not be required for the particular personal or professional service the agency seeks to procure, then the Personal Service Contract Review Board shall direct the agency to establish a competitive procurement procedure for selecting the personal or professional service contract that ensures open, transparent procedures for making a selection. Such procedures shall include, but not be limited to, qualifications based selection or requests for qualifications. The Personal Service Contract Review Board shall also have the authority to audit the records of any agency to ensure it has used competitive procedures to contract for the personal or professional service;

(d) Prescribe certain circumstances whereby Agency Heads may enter into contracts for personal and professional services without receiving prior approval from the PSCRB. The PSCRB may establish a preapproved list of providers of various personal and professional services for set prices with which state agencies may contract without bidding or prior approval from the board;

(e) To provide standards for the issuance of requests for proposals, the evaluation of proposals received, consideration of costs and quality of services proposed, contract negotiations, the administrative monitoring of contract performance by the agency and successful steps in terminating a contract;

(f) To present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;

(g) To authorize personal and professional service contracts to be effective for more than one (1) year provided a funding condition is included in any such multiple year contract, except the State Board of Education, which shall have the authority to enter into contractual agreements for student assessments for a period up to ten years. The State Board of Education shall procure these services in accordance with the Personal Service Contract Review Board procurement regulations;

(h) To request the State Auditor to conduct a performance audit on any personal or professional service contract;

(i) Prepare an annual report to the Legislature concerning the issuance of personal service contracts during the previous year, collecting any necessary information from state agencies in making such report; and,

(j) Develop and implement standards and procedures for the approval of any sole-source contract for personal and professional services regardless of the value of the procurement.

2-103.01 Procurement Regulations

Regulations shall be promulgated with approval of the PSCRB in accordance with authority granted under Mississippi Code Annotated § 25-9-120.

2-103.02 Discretionary Authority

The PSCRB shall have the discretion to grant exceptions to these regulations when it is determined that it is in the best interest of the State to do so and in keeping with the requirements of Mississippi Code Annotated § 25-9-120.

2-103.03 Amendment to the Regulations

These regulations may be amended by the Board as authorized in Mississippi Code Annotated § 25-9-120 by submitting any changes to the Chairmen of the Accountability, Efficiency, and Transparency Committees of the Senate and House of Representatives at least fifteen days prior to the board voting on the proposed changes and in compliance with the Administrative Procedures Law.

Notes

27 Miss. Code. R. 100-2-103

Adopted 1/15/2015 Amended 1/15/2015 Amended 4/14/2016 Amended 7/1/2016