HB 249 — MS Medical Cannabis Act; extend repealers to certain state laws for Departments of Health and Revenue in connection with.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 12(MCL\KW) provideduly foradopted by the disseminationauthority of information to and theentered establishmenton ofits trainingminutes programsprior forto the personnelperformance of thesuch variousduties. information technology centers of state agencies and personnel of the agencies utilizing the services thereof.

(g) The authority may provide for the development and require the adoption of standardized computer programs and may provide for the dissemination of information to and the establishment of training programs for the personnel of the various information technology centers of state agencies and personnel of the agencies utilizing the services thereof.

(j) The authority may adopt such further reasonable rules and regulations as may be necessary to fully implement the purposesH. of this chapter.

All rules and regulations adopted by the authority shall be published and disseminated in readily accessible form to all affected state agencies, and to all current suppliers of computer equipment and services to the state, and to H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 13(MCL\KW) allpurposes prospectiveof suppliersthis requestingchapter. the same.

All rules and regulations adopted by the authority shall be published and disseminated in readily accessible form to all affected state agencies, and to all current suppliers of computer equipment and services to the state, and to all prospective suppliers requesting the same.

(k) The authority shall establish rules and regulations which shall provide for the submission of all contracts proposed to be executed by the executive director for computer equipment and/or telecommunications or servicesservices, including cloud computing, to the authority for approval before final execution, and the authority may provide that such contracts involving the expenditure of less than such specified amount as may be established by the authority may be finally executed by the executive director without first obtaining such approval by the authority.

(l) The authority is authorized to purchase,consider lease,new ortechnologies, rentsuch computeras equipmentcloud orcomputing, services and to operatepurchase, thatlease, equipment and use those services in providing services to one or morerent stateH. agencies when in its opinion such operation will provide maximum efficiency and economy in the functions of any such agency or agencies.

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 14(MCL\KW) (m)computer Uponequipment theor requestservices ofand theto governingoperate bodythat ofequipment aand politicaluse subdivisionthose orservices instrumentality,in theproviding authorityservices shallto assistone theor politicalmore subdivisionstate oragencies instrumentalitywhen in its developmentopinion ofsuch plansoperation forwill theprovide efficientmaximum acquisitionefficiency and utilizationeconomy in the functions of computerany equipmentsuch andagency services.or agencies.

(m) Upon the request of the governing body of a political subdivision or instrumentality, the authority shall assist the political subdivision or instrumentality in its development of plans for the efficient acquisition and utilization of computer equipment and services.

The authority may require the protesting party, at the time of filing the protest, to post a bond, payable to the state, in an amount that the authority determines sufficient to cover any expense or loss incurred by the state, the authority or any state agency as a result of the protest if the protest subsequently is determined by a court of competentH. jurisdiction to have been filed without any substantial basis or reasonable expectation to believe that the protest was meritorious;

however, in no event may the amount of the bond required exceed a reasonable estimate of the total project cost.

The authority, in its discretion, also may prohibit any H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 15(MCL\KW) prospectivecompetent bidder,jurisdiction offerer or contractor who is a party to anyhave litigationbeen involvingfiled anywithout such contract with the state, the authority or any agencysubstantial ofbasis the state to participate in any other such bid, offer or contract,reasonable orexpectation to bebelieve awardedthat any such contract, during the pendencyprotest ofwas themeritorious; litigation.

however, in no event may the amount of the bond required exceed a reasonable estimate of the total project cost.

The authority, in its discretion, also may prohibit any prospective bidder, offerer or contractor who is a party to any litigation involving any such contract with the state, the authority or any agency of the state to participate in any other such bid, offer or contract, or to be awarded any such contract, during the pendency of the litigation.

The authority may reserve the right to reject any or all bids, and if all bids are rejected, the authority may negotiate a contract withinH. the limitations of the specifications so long as the terms of any such negotiated contract are equal to or better than the comparable terms submitted by the lowest and best bidder, and so long as the total cost to the State of Mississippi does not exceed the lowest bid.

If the authority accepts one (1) of such bids, it H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 16(MCL\KW) shallwithin bethe thatlimitations whichof isthe specifications so long as the terms of any such negotiated contract are equal to or better than the comparable terms submitted by the lowest and best.best bidder, and so long as the total cost to the State of Mississippi does not exceed the lowest bid.

ThroughIf June 30, * * * 2024, the provisionsauthority ofaccepts thisone paragraph(1) shall not apply to acquisitions of informationsuch technologybids, equipmentit andshall servicesbe madethat bywhich theis Mississippi Department of Health * * * and the Mississippilowest Department of Revenue for the purposes of implementing, administering * * * and enforcingbest. the provisions of the Mississippi Medical Cannabis Act.

Through June 30, * * * 2024, the provisions of this paragraph shall not apply to acquisitions of information technology equipment and services made by the Mississippi Department of Health and * * * the Mississippi Department of Revenue for the purposes of implementing, administering and * * * enforcing the provisions of the Mississippi Medical Cannabis Act.

(r) All fees collected by the Mississippi Department of Information Technology Services shall be deposited into the Mississippi Department of Information Technology Services Revolving Fund unless otherwise specified by the Legislature.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 17(MCL\KW) (s)(r) TheTo authoritypromote shallthe workmaximum closelyuse withand thebenefit councilfrom totechnology bringand aboutservices effectivenow coordinationin ofoperation policies,or standardswhich andwill proceduresin relatingthe future be placed in operation and to procurementidentify ofopportunities, remoteminimize sensingduplication, reduce costs and geographicimprove informationthe systemsefficiency (GIS)of resources.providing common technology services the authority is authorized to:

(i) Enter into master agreements for computer or telecommunications equipment or services, including cloud computing, available for shared use by state agencies, institutes of higher learning and governing authorities;

and (ii) Enter into contracts for the acquisition of computer or telecommunications equipment or services, including cloud computing, that have been acquired by other entities, located within or outside of the State of Mississippi, so long as it is determined by the authority to be in the best interest of the state.

The acquisitions provided in this paragraph (r) shall be exempt from the advertising and bidding requirements of Section 25-53-1 et seq.

( * * *s) All fees collected by the Mississippi Department of Information Technology Services shall be deposited into the Mississippi Department of Information Technology Services Revolving Fund unless otherwise specified by the Legislature.

( * * *t) The authority shall work closely with the council to bring about effective coordination of policies, standards and procedures relating to procurement of remote sensing H.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 18(MCL\KW) and geographic information systems (GIS) resources.

(t)( * * *u) The authority shall manage one or more State Data Centers to provide information technology services on a cost-sharing basis.

(u)( * * *v) The authority shall increase federal participation in the cost of the State Data Center to the extent provided by law and its shared technology infrastructure through providing such shared services to agencies that receive federal funds.

With regard to state institutions of higher learning and community colleges, the authority may provide shared services when mutually agreeable, following a determination by both the H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 18(MCL\KW)19(MCL\KW) regard to state institutions of higher learning and community colleges, the authority may provide shared services when mutually agreeable, following a determination by both the authority and the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, as the case may be, that the sharing of services is mutually beneficial.

(v)( * * *w) The authority, in its discretion, may require new or replacement agency business applications to be hosted at the State Data Center.

(w)( * * *x) The authority shall provide a periodic update regarding reform-based information technology initiatives to the H.Chairmen of the House and Senate Accountability, Efficiency and Transparency Committees.

From and after July 1, 2018, the expenses of this agency shall be defrayed by appropriation from the State General Fund.

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 19(MCL\KW)20(MCL\KW) ChairmenIn ofaddition, in order to receive the Housemaximum use and Senatebenefit Accountability,from Efficiencyinformation technology and Transparencyservices, Committees.expenses for the provision of statewide shared services that facilitate cost-effective information processing and telecommunication solutions shall be defrayed by pass-through funding and shall be deposited into the Mississippi Department of Information Technology Services Revolving Fund unless otherwise specified by the Legislature.

From and after July 1, 2018, the expenses of this agency shall be defrayed by appropriation from the State General Fund.

In addition, in order to receive the maximum use and benefit from information technology and services, expenses for the provision of statewide shared services that facilitate cost-effective information processing and telecommunication solutions shall be defrayed by pass-through funding and shall be deposited into the Mississippi Department of Information Technology Services Revolving Fund unless otherwise specified by the Legislature.

H.(i) Three (3) individuals appointed by the Governor with the advice and consent of the Senate;

(ii) Two (2) individuals appointed by the Lieutenant Governor with the advice and consent of the Senate;

and H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 20(MCL\KW)21(MCL\KW) (i)(iii) ThreeThe (3)Executive individualsDirector appointedof by the GovernorDepartment withof theFinance advice and consentAdministration, ofserving theas Senate;an ex officio and nonvoting member.

(ii) Two (2) individuals appointed by the Lieutenant Governor with the advice and consent of the Senate;

and (iii) The Executive Director of the Department of Finance and Administration, serving as an ex officio and nonvoting member.

(c) When appointing members to the Public Procurement Review Board, the Governor and Lieutenant Governor shall take into H.consideration persons who possess at least five (5) years of management experience in general business, health care or finance for an organization, corporation or other public or private entity.

Any person, or any employee or owner of a company, who H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 21(MCL\KW)22(MCL\KW) considerationreceives personsany whogrants, possessprocurements ator leastcontracts fivethat (5)are yearssubject ofto managementapproval experienceunder inthis generalsection business,shall healthnot carebe orappointed financeto forthe anPublic organization,Procurement corporationReview orBoard. other public or private entity.

Any person, or any employee or owner of a company, who receives any grants, procurements or contracts that are subject to approval under this section shall not be appointed to the Public Procurement Review Board.

No action shall be valid unless H.approved by a majority of the members present and voting, entered upon the minutes of the board and signed by the chair.

Necessary clerical and administrative support for the board shall be provided by the Department of Finance and Administration.

Minutes H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 22(MCL\KW)23(MCL\KW) approvedshall bybe kept of the proceedings of each meeting, copies of which shall be filed on a majoritymonthly basis with the chairs of the membersAccountability, presentEfficiency and voting,Transparency enteredCommittees uponof the minutesSenate and House of Representatives and the boardchairs andof signedthe byAppropriations Committees of the chair.Senate and House of Representatives.

Necessary clerical and administrative support for the board shall be provided by the Department of Finance and Administration.

Minutes shall be kept of the proceedings of each meeting, copies of which shall be filed on a monthly basis with the chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairs of the Appropriations Committees of the Senate and House of Representatives.

H.(c) Adopt regulations governing any lease or rental agreement by any state agency or department, including any state agency financed entirely by federal funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration.

These regulations shall require each agency H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 23(MCL\KW)24(MCL\KW) (c)requesting Adoptto regulations governing any lease orsuch rentalspace agreementto byprovide anythe statefollowing agencyinformation orthat department,shall includingbe anypublished state agency financed entirely by federal funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration.Administration on its website:

These regulations shall require each agency requesting to lease such space to provide the following information that shall be published by the Department of Finance and Administration on its website:

however, all such set-aside purchases shall comply with all purchasing H.regulations promulgated by the department and shall be subject to all bid requirements.

Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder;

however, if no minority bid is available or if the minority bid is more than two percent (2%) higher than the H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 24(MCL\KW)25(MCL\KW) regulationslowest promulgatedbid, bythen thebids department and shall be subjectaccepted and awarded to allthe bidlowest requirements.and best bidder.

Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder;

however, if no minority bid is available or if the minority bid is more than two percent (2%) higher than the lowest bid, then bids shall be accepted and awarded to the lowest and best bidder.

(e) In consultation with and approval by the Chairs of the Senate and House Public Property Committees, approve leases, for a term not to exceed eighteen (18) months, entered into by state agencies for the purpose of providing parking arrangements for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building;

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 25(MCL\KW)26(MCL\KW) (e)(f) InPromulgate consultationrules with and approvalregulations bygoverning the Chairssolicitation of the Senate and Houseselection Publicof Propertycontractual Committees,services approvepersonnel, leases,including forpersonal aand termprofessional notservices tocontracts exceedfor eighteenany (18)form months,of enteredconsulting, intopolicy byanalysis, statepublic agenciesrelations, formarketing, thepublic purposeaffairs, oflegislative providingadvocacy parkingservices arrangementsor forany stateother employeescontract whothat work in the Woolfolkboard Building,deems theappropriate Carrollfor Gartinoversight, Justicewith Building or the Walterexception Sillersof: Office Building;

(f) 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:

(v) Any personal service contracts entered into by the Department of Human Services through June 30, 2019, which the Executive Director of the Department of Human Services determines would be useful in establishing and operating the Department of Child Protection Services * * *;

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 26(MCL\KW)27(MCL\KW) (v)(vi) Any personal service contracts entered into by the Department of HumanChild Protection Services through June 30, 2019,2019 which the Executive Director of the Department of Human Services determines would be useful in establishing and operating the Department of Child Protection Services * * *;

(vi) Any personal service contracts entered into by the Department of Child Protection Services through June 30, 2019 * * *;

(xi) Any contract for attorney, accountant, actuary auditor, architect, engineer, anatomical pathologist, or utility rate expert services * * *;

(xii) Any personal service contracts approved by the Executive Director of the Department of Finance and Administration and entered into by the Coordinator of Mental Health Accessibility through June 30, 2022 * * *;

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 27(MCL\KW)28(MCL\KW) (xi)(xiii) Any personal or professional services contract forentered attorney,into accountant,by actuarythe auditor,State architect,Department engineer,of anatomicalHealth pathologist,in orcarrying utilityout rateits expertresponsibilities servicesunder the ARPA Rural Water Associations Infrastructure Grant Program through June 30, 2026 * * *;

(xii) Any personal service contracts approved by the Executive Director of the Department of Finance and Administration and entered into by the Coordinator of Mental Health Accessibility through June 30, 2022 * * *;

(xiii) Any personal or professional services contract entered into by the State Department of Health in carrying out its responsibilities under the ARPA Rural Water Associations Infrastructure Grant Program through June 30, 2026 * * *;

Any rules and regulation changes related to personal and professional services contracts that the Public Procurement Review Board may propose shall be submitted to the Chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the Chairs of the H.Appropriation Committees of the Senate and House of Representatives at least fifteen (15) days before the board votes on the proposed changes, and those rules and regulation changes, if adopted, shall be promulgated in accordance with the Mississippi Administrative Procedures Act;

(g) Approve all personal and professional services contracts involving the expenditures of funds in excess of H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 28(MCL\KW)29(MCL\KW) AppropriationSeventy-five CommitteesThousand ofDollars the($75,000.00), Senateexcept andas Houseprovided ofin Representativesparagraph at(f) leastof fifteenthis (15)subsection days(2) before the board votes on the proposed changes, and those rules and regulation changes, if adopted, shall be promulgated in accordancesubsection with(8); the Mississippi Administrative Procedures Act;

(g) Approve all personal and professional services contracts involving the expenditures of funds in excess of Seventy-five Thousand Dollars ($75,000.00), except as provided in paragraph (f) of this subsection (2) and in subsection (8);

H.(i) Agency requirements may be fulfilled by procuring services performed incident to the state's own programs.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 29(MCL\KW) (i) Agency requirements may be fulfilled by procuring services performed incident to the state's own programs.

however, these contracts shallH. still be submitted for approval to the Public Procurement Review Board.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 30(MCL\KW) shall still be submitted for approval to the Public Procurement Review Board.

(l) 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 H.authority to enter into contractual agreements for student assessment for a period up to ten (10) years.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 30(MCL\KW) authority to enter into contractual agreements for student assessment for a period up to ten (10) years.

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

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 31(MCL\KW) (n) Prepare an annual report to the Legislature concerning the issuance of personal and professional services contracts during the previous year, collecting any necessary information from state agencies in making such report;

(iii) Any agency alleging to have a sole source for any personal or professional service, other than those H.exempted under paragraph (f) of this subsection (2) and subsection (8), shall publish on the procurement portal website established by Sections 25-53-151 and 27-104-165, for at least fourteen (14) days, the terms of the proposed contract for those services.

In addition, the publication shall include, but is not limited to, the following information:

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 31(MCL\KW)32(MCL\KW) exempted1. under paragraph (f) of this subsection (2) and subsection (8), shall publish on the procurement portal website established by Sections 25-53-151 and 27-104-165, for at least fourteen (14) days, the terms of the proposed contract for those services.

In addition, the publication shall include, but is not limited to, the following information:

1.

(iv) If any person or entity objects and proposes that the personal or professional service published under subparagraph (iii) of this paragraph (o) is not a sole source service and can be provided by another person or entity, then the objecting person or entity shall notify the Public Procurement H.Review Board and the agency that published the proposed sole source contract with a detailed explanation of why the personal or professional service is not a sole source service.

(v) 1.

If the agency determines after review that the personal or professional service in the proposed sole source contract can be provided by another person or entity, then the H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 32(MCL\KW)33(MCL\KW) Reviewagency Boardmust andwithdraw the agencysole thatsource publishedcontract thepublication proposedfrom solethe sourceprocurement contractportal withwebsite aand detailedsubmit explanationthe procurement of why the personal or professional service isto notan aadvertised solecompetitive sourcebid service.or selection process.

(v) 1.

If the agency determines after review that the personal or professional service in the proposed sole source contract can be provided by another person or entity, then the agency must withdraw the sole source contract publication from the procurement portal website and submit the procurement of the personal or professional service to an advertised competitive bid or selection process.

H.(vi) The Public Procurement Review Board shall prepare and submit a quarterly report to the House of Representatives and Senate Accountability, Efficiency and Transparency Committees that details the sole source contracts presented to the Public Procurement Review Board and the reasons that the Public Procurement Review Board approved or rejected each contract.

These quarterly reports shall also include the H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 33(MCL\KW)34(MCL\KW) (vi)documentation The Public Procurement Review Board shall prepare and submitmemoranda arequired quarterlyin reportsubsection to(4) the House of Representativesthis andsection. Senate Accountability, Efficiency and Transparency Committees that details the sole source contracts presented to the Public Procurement Review Board and the reasons that the Public Procurement Review Board approved or rejected each contract.

These quarterly reports shall also include the documentation and memoranda required in subsection (4) of this section.

(4) All sole source contracts for personal and professional services awarded by state agencies, other than those exempted H.under Section 27-104-7(2)(f) and (8), whether approved by an agency head or the Public Procurement Review Board, shall contain in the procurement file a written determination for the approval, using a request form furnished by the Public Procurement Review Board.

The written determination shall document the basis for the determination, including any market analysis conducted in order to ensure that the service required was practicably available from H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 34(MCL\KW)35(MCL\KW) underonly Sectionone 27-104-7(2)(f)(1) andsource. (8), whether approved by an agency head or the Public Procurement Review Board, shall contain in the procurement file a written determination for the approval, using a request form furnished by the Public Procurement Review Board.

The written determination shall document the basis for the determination, including any market analysis conducted in order to ensure that the service required was practicably available from only one (1) source.

(5) In conjunction with the State Personnel Board, the Public Procurement Review Board shall develop and promulgate rules and regulations to define the allowable legal relationship between contract employees and the contracting departments, agencies and institutions of state government under the jurisdiction of the State Personnel Board, in compliance with the applicable rules and regulations of the federal Internal Revenue Service (IRS) for H.federal employment tax purposes.

Under these regulations, the usual common law rules are applicable to determine and require that such worker is an independent contractor and not an employee, requiring evidence of lawful behavioral control, lawful financial control and lawful relationship of the parties.

Any state department, agency or institution shall only be authorized to H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 35(MCL\KW)36(MCL\KW) federalcontract employmentfor taxpersonnel purposes.services in compliance with those regulations.

Under these regulations, the usual common law rules are applicable to determine and require that such worker is an independent contractor and not an employee, requiring evidence of lawful behavioral control, lawful financial control and lawful relationship of the parties.

Any state department, agency or institution shall only be authorized to contract for personnel services in compliance with those regulations.

(9) Notwithstanding the exemption of personal and professional services contracts entered into by the Department of Human Services and personal and professional services contracts entered into by the Department of Child Protection Services from the provisions of this section under subsection (2)(f), before the Department of Human Services or the Department of Child Protection Services may enter into a personal or professional service H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 36(MCL\KW)37(MCL\KW) (9) Notwithstanding the exemption of personal and professional services contracts entered into by the Department of Human Services and personal and professional services contracts entered into by the Department of Child Protection Services from the provisions of this section under subsection (2)(f), before the Department of Human Services or the Department of Child Protection Services may enter into a personal or professional service contract, the department(s) shall give notice of the proposed personal or professional service contract to the Public Procurement Review Board for any recommendations by the board.

H.SECTION 6.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 37(MCL\KW) SECTION 6.

(a)H. Bidding procedure for purchases not over $5,000.00.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 38(MCL\KW) (a) Bidding procedure for purchases not over $5,000.00.

Any state agency or community or junior college purchasing commodities or procuring construction pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, to accept the H.lowest competitive written bid under Seventy-five Thousand Dollars ($75,000.00).

Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid.

Such authorization shall be made in writing by the governing H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 38(MCL\KW)39(MCL\KW) lowestauthority competitiveand writtenshall bidbe undermaintained Seventy-fiveon Thousandfile Dollarsin ($75,000.00).the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate.

Any governing authority purchasing commodities pursuant to this paragraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities other than counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and best competitive written bid.

Such authorization shall be made in writing by the governing authority and shall be maintained on file in the primary office of the agency and recorded in the official minutes of the governing authority, as appropriate.

Any bid item for construction in excess of Five Thousand Dollars ($5,000.00) shall be broken down H.by components to provide detail of component description and pricing.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 39(MCL\KW) by components to provide detail of component description and pricing.

Bids submitted by electronic transmission shall not require the signature of the vendor'sH. representative unless required by agencies or governing authorities.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 40(MCL\KW) vendor's representative unless required by agencies or governing authorities.

If a purchasing entity determines that a reverse auction is not in the H.best interest of the state, then that determination must be approved by the Public Procurement Review Board.

The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board.

If the Public Procurement Review Board authorizes H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 40(MCL\KW)41(MCL\KW) bestthe interestpurchasing ofentity theto state,solicit bids with a method other than reverse auction, then thatthe determinationpurchasing mustentity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the PublicOffice Procurementof ReviewPurchasing Board.and Travel.

The purchasing entity shall submit a detailed explanation of why a reverse auction would not be in the best interest of the state and present an alternative process to be approved by the Public Procurement Review Board.

If the Public Procurement Review Board authorizes the purchasing entity to solicit bids with a method other than reverse auction, then the purchasing entity may designate the other methods by which the bids will be received, including, but not limited to, bids sealed in an envelope, bids received electronically in a secure system, or bids received by any other method that promotes open competition and has been approved by the Office of Purchasing and Travel.

The provisions of this item 2 shall not apply H.to individual public schools, including public charter schools and public school districts, only when purchasing copyrighted educational supplemental materials and software as a service product.

For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 41(MCL\KW)42(MCL\KW) toQualifications individualwhich publicpromotes schools,open includingcompetition public charter schools and publicmeets schoolthe districts,requirements onlyof whenthe purchasingOffice copyrightedof educationalPurchasing supplemental materials and softwareTravel. as a service product.

For such purchases, a local school board may authorize a purchasing entity in its jurisdiction to use a Request for Qualifications which promotes open competition and meets the requirements of the Office of Purchasing and Travel.

The notice of intention to let contracts or purchase equipment shall state the time and place at which bids shall be received, list the contracts to be made or types of equipment or supplies to be purchased, and, if H.all plans and/or specifications are not published, refer to the plans and/or specifications on file.

If there is no newspaper published in the county or municipality, then such notice shall be given by posting same at the courthouse, or for municipalities at the city hall, and at two (2) other public places in the county or H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 42(MCL\KW)43(MCL\KW) allmunicipality, plansand and/oralso specificationsby arepublication notonce published,each referweek tofor two (2) consecutive weeks in some newspaper having a general circulation in the planscounty and/oror specificationsmunicipality onin file.the above-provided manner.

If there is no newspaper published in the county or municipality, then such notice shall be given by posting same at the courthouse, or for municipalities at the city hall, and at two (2) other public places in the county or municipality, and also by publication once each week for two (2) consecutive weeks in some newspaper having a general circulation in the county or municipality in the above-provided manner.

The Department of Finance and Administration shall maintain information regarding contracts H.and other expenditures from the American Recovery and Reinvestment Act, on a unique Internet web page accessible to the public.

The Department of Finance and Administration shall promulgate rules regarding format, content and deadlines, unless otherwise specified by law, of the posting of award notices, contract H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 43(MCL\KW)44(MCL\KW) execution and othersubsequent expendituresamendments, fromlinks to the Americancontract Recoverydocuments, andexpenditures Reinvestmentagainst Act,the onawarded acontracts uniqueand Internetgeneral webexpenditures pageof accessiblefunds tofrom the public.American Recovery and Reinvestment Act.

The Department of Finance and Administration shall promulgate rules regarding format, content and deadlines, unless otherwise specified by law, of the posting of award notices, contract execution and subsequent amendments, links to the contract documents, expenditures against the awarded contracts and general expenditures of funds from the American Recovery and Reinvestment Act.

If all plans and/or specifications are published in the notification, H.then the plans and/or specifications may not be amended.

If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 44(MCL\KW)45(MCL\KW) thenwho are known to have received a copy of the plansbid and/ordocuments specificationsand mayall notsuch beprospective amended.bidders are sent copies of all amendments.

If all plans and/or specifications are not published in the notification, then amendments to the plans/specifications, bid opening date, bid opening time and place may be made, provided that the agency or governing authority maintains a list of all prospective bidders who are known to have received a copy of the bid documents and all such prospective bidders are sent copies of all amendments.

H.1.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 45(MCL\KW) 1.

Further, such justification,H. when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 46(MCL\KW) justification, when placed on the minutes of the board of a governing authority, may serve as authority for that governing authority to write specifications to require a specific item of equipment needed to perform a specific job.

H.(v) Electronic bids.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 46(MCL\KW) (v) Electronic bids.

Agencies and governingH. authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 47(MCL\KW) governing authorities shall make the appropriate provisions necessary to accept electronic bids from those bidders who choose to submit their bids electronically for all purchases requiring competitive bidding under this section.

When construction bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not H.exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 47(MCL\KW) exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope as indicated in Section 31-3-21(1) and (2) shall be deemed in compliance with by including same as an attachment with the electronic bid submittal.

In determining the lowest and bestH. bid, freight and shipping charges shall be included.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 48(MCL\KW) best bid, freight and shipping charges shall be included.

In determining the H.best value bid, freight and shipping charges shall be included.

Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation.

This provision shall authorize H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 48(MCL\KW)49(MCL\KW) bestCertified valuePurchasing bid,Offices freightto andutilize shippinga chargesRequest shallFor beProposals included.(RFP) process when purchasing commodities.

Life-cycle costing, total cost bids, warranties, guaranteed buy-back provisions, documented previous experience, training costs and other relevant provisions, including, but not limited to, a bidder having a local office and inventory located within the jurisdiction of the governing authority, may be included in the best value calculation.

This provision shall authorize Certified Purchasing Offices to utilize a Request For Proposals (RFP) process when purchasing commodities.

Prequalification criteria H.shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 49(MCL\KW) shall be limited to bidder's knowledge and experience in historical restoration, preservation and renovation.

All best bid and prequalification procedures for state agencies must be in complianceH. with regulations established by the Department of Finance and Administration.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 50(MCL\KW) compliance with regulations established by the Department of Finance and Administration.

For the purposes of this section, the term "equipment" shall mean equipment, furniture and, if applicable, associated software and other applicable H.direct costs associated with the acquisition.

Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e).

Lease-purchase financing may also be obtained from the vendor or from a H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 50(MCL\KW)51(MCL\KW) directthird-party costssource associatedafter withhaving thesolicited acquisition.and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids.

Any lease-purchase of equipment which an agency is not required to lease-purchase under the master lease-purchase program pursuant to Section 31-7-10 and any lease-purchase of equipment which a governing authority elects to lease-purchase may be acquired by a lease-purchase agreement under this paragraph (e).

Lease-purchase financing may also be obtained from the vendor or from a third-party source after having solicited and obtained at least two (2) written competitive bids, as defined in paragraph (b) of this section, for such financing without advertising for such bids.

Any lease-purchase H.agreement entered into pursuant to this paragraph (e) may contain any of the terms and conditions which a master lease-purchase agreement may contain under the provisions of Section 31-7-10(5), and shall contain an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8).

Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 51(MCL\KW)52(MCL\KW) agreementrespect entered into pursuant to thiseach paragraphsuch (e)lease-purchase maytransaction contain any of the termssame andinformation conditionsas whichrequired ato masterbe lease-purchasemaintained agreementby may contain under the provisionsDepartment of SectionFinance 31-7-10(5), and shallAdministration containpursuant an annual allocation dependency clause substantially similar to that set forth in Section 31-7-10(8).31-7-10(13).

Each agency or governing authority entering into a lease-purchase transaction pursuant to this paragraph (e) shall maintain with respect to each such lease-purchase transaction the same information as required to be maintained by the Department of Finance and Administration pursuant to Section 31-7-10(13).

No purchases may be made through use of such H.alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 52(MCL\KW) alternate bids procedure unless the lowest and best bidder cannot deliver the commodities contained in his bid.

In the event a determination is made by an agency or governing authority after a construction contract is let that changes or modifications toH. the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids;

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 53(MCL\KW) to the original contract are necessary or would better serve the purpose of the agency or the governing authority, such agency or governing authority may, in its discretion, order such changes pertaining to the construction that are necessary under the circumstances without the necessity of further public bids;

H.(h) Petroleum purchase alternative.

In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section.

If two (2) H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 53(MCL\KW)54(MCL\KW) (h)competitive Petroleumwritten purchasebids alternative.are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section.

In addition to other methods of purchasing authorized in this chapter, when any agency or governing authority shall have a need for gas, diesel fuel, oils and/or other petroleum products in excess of the amount set forth in paragraph (a) of this section, such agency or governing authority may purchase the commodity after having solicited and obtained at least two (2) competitive written bids, as defined in paragraph (b) of this section.

If two (2) competitive written bids are not obtained, the entity shall comply with the procedures set forth in paragraph (c) of this section.

Any agency or governing authority authorized to enter into contracts for the construction, maintenance, surfacing or repair of highways, roads or streets, may include in its bid proposal and contract documents a price adjustment clause with relation to the cost to the contractor, including taxes, based upon an industry-wide cost index, of petroleum products including asphalt used in the performance or H.execution of the contract or in the production or manufacture of materials for use in such performance.

Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state.

The price adjustment clause shall be based on the cost of such petroleum products only and shall not include H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 54(MCL\KW)55(MCL\KW) executionany ofadditional theprofit contract or inoverhead theas productionpart or manufacture of materialsthe foradjustment. use in such performance.

Such industry-wide index shall be established and published monthly by the Mississippi Department of Transportation with a copy thereof to be mailed, upon request, to the clerks of the governing authority of each municipality and the clerks of each board of supervisors throughout the state.

The price adjustment clause shall be based on the cost of such petroleum products only and shall not include any additional profit or overhead as part of the adjustment.

If the governing board or the executive head, or his designees, of any agency of the state shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, then the head of such agency, or his designees, shall file with the Department of Finance and Administration (i) a statement explaining the conditions and circumstances of the emergency, which shall include a detailed description of the events leading up to the situation and the negative impact to the entity if the purchase is made following the statutory requirements set forth in paragraph (a), (b) or (c) of this section, and (ii) a certified H.copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable.

Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements.

If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 55(MCL\KW)56(MCL\KW) copyregard to the purchase of any commodities or repair contracts, so that the appropriatedelay minutesincident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the boardpreservation or protection of suchproperty, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency requestinghaving general or specific authority for making the emergencypurchase purchase,or ifrepair applicable.contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made.

Upon receipt of the statement and applicable board certification, the State Fiscal Officer, or his designees, may, in writing, authorize the purchase or repair without having to comply with competitive bidding requirements.

If the governing board or the executive head, or his designees, of any agency determines that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would threaten the health or safety of any person, or the preservation or protection of property, then the provisions in this section for competitive bidding shall not apply, and any officer or agent of the agency having general or specific authority for making the purchase or repair contract shall approve the bill presented for payment, and he shall certify in writing from whom the purchase was made, or with whom the repair contract was made.

Any H.contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 56(MCL\KW) contract awarded pursuant to this paragraph (j) shall not exceed a term of one (1) year.

If the governing authority, or the governing authority acting throughH. its designee, shall determine that an emergency exists in regard to the purchase of any commodities or repair contracts, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and any officer or agent of such governing authority having general or special authority therefor in making such purchase or repair shall approve the bill presented therefor, and he shall certify in writing thereon from whom such purchase was made, or with whom such a repair contract was made.

At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority.

Purchases under the grant program H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 57(MCL\KW) establishedthrough underits Sectiondesignee, 37-68-7shall determine that an emergency exists in responseregard to COVID-19the andpurchase theof directiveany commodities or repair contracts, so that schoolthe districtsdelay createincident ato distancegiving learningopportunity planfor competitive bidding would be detrimental to the interest of the governing authority, then the provisions herein for competitive bidding shall not apply and fulfillany technologyofficer needsor expeditiouslyagent of such governing authority having general or special authority therefor in making such purchase or repair shall beapprove deemedthe anbill emergencypresented therefor, and he shall certify in writing thereon from whom such purchase forwas purposesmade, ofor thiswith paragraphwhom (k).such a repair contract was made.

At the board meeting next following the emergency purchase or repair contract, documentation of the purchase or repair contract, including a description of the commodity purchased, the price thereof and the nature of the emergency shall be presented to the board and shall be placed on the minutes of the board of such governing authority.

Purchases under the grant program established under Section 37-68-7 in response to COVID-19 and the directive that school districts create a distance learning plan and fulfill technology needs expeditiously shall be deemed an emergency purchase for purposes of this paragraph (k).

(i) The commissioners or board of trustees of any public hospital may contract with such lowest and best bidder for the purchase or lease-purchase of any commodity under a contract ofH. purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 58(MCL\KW) of purchase or lease-purchase agreement whose obligatory payment terms do not exceed five (5) years.

Any such contract for the lease of equipment or services executed on behalf of the commissioners or board that complies with the provisions of this H.subparagraph (ii) shall be excepted from the bid requirements set forth in this section.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 58(MCL\KW) subparagraph (ii) shall be excepted from the bid requirements set forth in this section.

(ii)H. Outside equipment repairs.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 59(MCL\KW) (ii) Outside equipment repairs.

H.(iv) Raw gravel or dirt.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 59(MCL\KW) (iv) Raw gravel or dirt.

Motor vehicles or other equipment purchased from a federal agency or authority, another governing authority or state agency of the State of Mississippi, or any governing authority or state agency of another state at a public auction held for the purpose of disposingH. of such vehicles or other equipment.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 60(MCL\KW) disposing of such vehicles or other equipment.

It is the intent of this section to allow governmental entities to dispose of and/or purchase commodities H.from other governmental entities at a price that is agreed to by both parties.

This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state.

Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 60(MCL\KW)61(MCL\KW) approval from otherthe governmentalDepartment entitiesof atFinance aand priceAdministration, thatprior isto agreedreleasing toor bytaking bothpossession parties.of the commodities.

This shall allow for purchases and/or sales at prices which may be determined to be below the market value if the selling entity determines that the sale at below market value is in the best interest of the taxpayers of the state.

Governing authorities shall place the terms of the agreement and any justification on the minutes, and state agencies shall obtain approval from the Department of Finance and Administration, prior to releasing or taking possession of the commodities.

In those situations, a governing authority is not required to H.obtain the approval of the Department of Finance and Administration.

Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased.

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 61(MCL\KW)62(MCL\KW) obtain(ix) theWaste approvaldisposal offacility theconstruction Departmentcontracts. of Finance and Administration.

Following the purchase, the executive head of the state agency, or his designees, shall file with the Department of Finance and Administration, documentation of the purchase, including a description of the commodity purchased, the purchase price thereof and the source from whom it was purchased.

(ix) Waste disposal facility construction contracts.

and after responses to the request for proposals have been duly received, the governing authority or agency may select the most qualified proposal or proposals on the basis of price, technology and other relevant factors and from such proposals, but not limited to the H.terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 62(MCL\KW) terms thereof, negotiate and enter contracts with one or more of the persons or firms submitting proposals.

(xi)H. Information technology products.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 63(MCL\KW) (xi) Information technology products.

and any such items H.as would be used for teaching, research or other information distribution;

however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph.

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 63(MCL\KW)64(MCL\KW) as(xv) wouldUnmarked bevehicles. used for teaching, research or other information distribution;

however, equipment such as projectors, recorders, audio or video equipment, and monitor televisions are not exempt under this subparagraph.

(xv) Unmarked vehicles.

(xix) Undercover operations equipment.

Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 64(MCL\KW)65(MCL\KW) (xix)(xx) UndercoverJunior operationscollege equipment.books for rent.

Purchases of surveillance equipment or any other high-tech equipment to be used by law enforcement agents in undercover operations, provided that any such purchase shall be in compliance with regulations established by the Department of Finance and Administration.

(xx) Junior college books for rent.

(xxiv) Purchases of Mississippi Industries for the Blind products or services.

Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 65(MCL\KW)66(MCL\KW) (xxiv)(xxv) Purchases of Mississippistate-adopted Industriestextbooks. for the Blind products or services.

Purchases made by state agencies or governing authorities involving any item that is manufactured, processed or produced by, or any services provided by, the Mississippi Industries for the Blind.

(xxv) Purchases of state-adopted textbooks.

H.(xxix) Purchases made pursuant to qualified cooperative purchasing agreements.

Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 66(MCL\KW)67(MCL\KW) (xxix)municipality, Purchasescounty, madeparish pursuantor state government or the federal government, provided that the notification to qualifiedpotential contractors includes a clause that sets forth the availability of the cooperative purchasing agreements.agreement to other governmental entities.

Purchases made by certified purchasing offices of state agencies or governing authorities under cooperative purchasing agreements previously approved by the Office of Purchasing and Travel and established by or for any municipality, county, parish or state government or the federal government, provided that the notification to potential contractors includes a clause that sets forth the availability of the cooperative purchasing agreement to other governmental entities.

H.(xxxiii) Certain purchases under Section 57-1-221.

B.

No.

249 *HR26/R956CS* ~ OFFICIAL ~ 23/HR26/R956CS PAGE 67(MCL\KW) (xxxiii) Certain purchases under Section 57-1-221.

Transfers of public property orH. facilities under Section 57-105-1(7) and construction related to such public property or facilities.

B.

No.

249 *HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956SG PAGE 68(MCL\KW) or facilities under Section 57-105-1(7) and construction related to such public property or facilities.

Purchases made by the H.Department of Health * * * and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act.

This subparagraph shall stand repealed on June 30, * * * 2026.

H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 68(MCL\KW)69(MCL\KW) Department(n) ofTerm Healthcontract *authorization. * * and the Department of Revenue solely for the purpose of fulfilling their respective responsibilities under the Mississippi Medical Cannabis Act.

This subparagraph shall stand repealed on June 30, * * * 2026.

(n) Term contract authorization.

The bid proposal and contract documents utilizing a price adjustment clause shall contain the basis and method of adjusting unit prices for the H.change in the cost of such commodities, equipment and public construction.

(o) Purchase law violation prohibition and vendor penalty.

No contract or purchase as herein authorized shall be H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 69(MCL\KW)70(MCL\KW) changemade infor the costpurpose of suchcircumventing commodities,the equipmentprovisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and publicthe construction.invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required.

(o) Purchase law violation prohibition and vendor penalty.

No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisions of this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individual invoices for amounts within those authorized for a contract or purchase where the actual value of the contract or commodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to be authorized as purchases for which competitive bids are not required.

H.(q) Fuel management system bidding procedure.

Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 70(MCL\KW)71(MCL\KW) (q)competitive Fuelwritten managementbids systemto biddingprovide procedure.the services and products for the systems.

Any governing authority or agency of the state shall, before contracting for the services and products of a fuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuel management or fuel access systems for competitive written bids to provide the services and products for the systems.

Before entering into any contract for garbage collection or disposal, contract for solid waste collection or disposal or contract for sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 71(MCL\KW)72(MCL\KW) sewage collection or disposal, which involves an expenditure of more than Seventy-five Thousand Dollars ($75,000.00), a governing authority or agency shall issue publicly a request for proposals concerning the specifications for such services which shall be advertised for in the same manner as provided in this section for seeking bids for purchases which involve an expenditure of more than the amount provided in paragraph (c) of this section.

Notwithstanding any other provisions of this paragraph, where a county with at least thirty-five thousand (35,000) nor more than forty thousand (40,000) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 72(MCL\KW)73(MCL\KW) population, according to the 1990 federal decennial census, owns or operates a solid waste landfill, the governing authorities of any other county or municipality may contract with the governing authorities of the county owning or operating the landfill, pursuant to a resolution duly adopted and spread upon the minutes of each governing authority involved, for garbage or solid waste collection or disposal services through contract negotiations.

(i) "Asian" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

(ii) "Black" means persons having origins in any black racial group of Africa.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 73(MCL\KW)74(MCL\KW) (i)(iii) "Asian""Hispanic" means persons havingof originsSpanish inor anyPortuguese ofculture thewith originalorigins peoplein ofMexico, theSouth Faror East,Central SoutheastAmerica, Asia,or the IndianCaribbean subcontinent,Islands, orregardless theof Pacificrace. Islands.

(ii) "Black" means persons having origins in any black racial group of Africa.

(iii) "Hispanic" means persons of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.

Contracts for privately financed construction of auxiliary facilities on the campus of a state institution of higher learning may be awarded by the Board of Trustees of State Institutions of Higher Learning to the lowest and best bidder, where sealed bids are solicited, or to the H.offeror whose proposal is determined to represent the best value to the citizens of the State of Mississippi, where requests for proposals are solicited.

(v) Insurability of bidders for public construction or other public contracts.

In any solicitation for bids to perform H.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG PAGE 74(MCL\KW)75(MCL\KW) offerorpublic whoseconstruction proposalor isother determinedpublic contracts to representwhich this section applies, including, but not limited to, contracts for repair and maintenance, for which the bestcontract valuewill require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to theeither citizenssubmit proof of current insurance coverage in the Statespecified amount or demonstrate ability to obtain the required coverage amount of Mississippi,insurance whereif requeststhe forcontract proposalsis areawarded solicited.to the bidder.

(v) Insurability of bidders for public construction or other public contracts.

In any solicitation for bids to perform public construction or other public contracts to which this section applies, including, but not limited to, contracts for repair and maintenance, for which the contract will require insurance coverage in an amount of not less than One Million Dollars ($1,000,000.00), bidders shall be permitted to either submit proof of current insurance coverage in the specified amount or demonstrate ability to obtain the required coverage amount of insurance if the contract is awarded to the bidder.

249 *HR26/R956CS**HR26/R956SG* ~ OFFICIAL ~ 23/HR26/R956CS23/HR26/R956SG ST:

extend repealers PAGE 75(MCL\KW)76(MCL\KW) to certain state laws for Departments of Health and Revenue in connection with.