SB 2887 — State Treasurer; modify certain provisions concerning the deposit and investment of excess state funds.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 10 considerationexpiration personsdate who possess at least five (5) years of managementthe experienceprevious interm, generaland business,until healthsuch caretime oras financethe formember's ansuccessor organization,is corporationduly orappointed otherand publicqualified. or private entity.

(c) When appointing members to the Public Procurement Review Board, the Governor and Lieutenant Governor shall take into 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.

The board shall annually electS. a vice chair, who shall serve in the absence of the chair.

No business shall be transacted, including adoption of rules of procedure, without the presence of a quorum of the board.

Three (3) members shall be a quorum.

No action shall be valid unless S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 11 approvedelect by a majorityvice ofchair, thewho membersshall presentserve andin voting, entered upon the minutesabsence of the board and signed by the chair.

No business shall be transacted, including adoption of rules of procedure, without the presence of a quorum of the board.

Three (3) members shall be a quorum.

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

The provisions of this paragraph (b) shall not apply to such contracts involving buildings and other facilities of state institutions of higher learning which are self-administered as provided under this paragraph (b) or Section 37-101-15(m);

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 12 (c)The Adoptprovisions regulationsof governingthis anyparagraph lease(b) orshall rentalnot agreementapply byto anysuch statecontracts agencyinvolving orbuildings department,and includingother anyfacilities of state agencyinstitutions financedof entirelyhigher bylearning federalwhich funds,are forself-administered spaceas outsideprovided the buildings under thethis jurisdictionparagraph of(b) theor DepartmentSection of37-101-15(m); Finance and Administration.

(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.

(d)S. Adopt, in its discretion, regulations to set aside at least five percent (5%) of anticipated annual expenditures for the purchase of commodities from minority businesses;

however, all such set-aside purchases shall comply with all purchasing S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 13 (d) Adopt, in its discretion, regulations promulgatedto byset theaside departmentat andleast shallfive bepercent subject(5%) toof allanticipated bidannual requirements.expenditures for the purchase of commodities from minority businesses;

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

(iv)S. American Indian or Alaskan Native:

B.

No.

2887 *SS26/R1042SG* ~ OFFICIAL ~ 23/SS26/R1042SG PAGE 14 (iv) American Indian or Alaskan Native:

(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;

(f) Except as otherwise provided in subparagraph (xv) of this paragraph, 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:

(i) Any personal service contracts entered into by any agency that employs only nonstate service employees as defined in Section 25-9-107(c);

(ii) Any personal service contracts entered into for computer or information technology-related services governed by the Mississippi Department of Information Technology Services;

(iii) Any personal service contracts entered into by the individual state institutions of higher learning;

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1415 (e)(iv) InAny consultationpersonal withservice andcontracts 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 purposeMississippi Department of providingTransportation; parking arrangements for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building;

(f)(v) PromulgateAny 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 by any agency that employs only nonstate service employees as defined in Section 25-9-107(c), 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 individual state institutions of higher learning, 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, 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,Services; any personal service contracts entered S.

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

(vii) Any contracts for entertainers and/or performers at the Mississippi State Fairgrounds entered into by the Mississippi Fair Commission;

(viii) Any contracts entered into by the Department of Finance and Administration when procuring aircraft maintenance, parts, equipment and/or services;

(ix) Any contract entered into by the Department of Public Safety for service on specialized equipment and/or software required for the operation at such specialized equipment for use by the Office of Forensics Laboratories;

(x) Any personal or professional service contract entered into by the Mississippi Department of Health or the Department of Revenue solely in connection with their respective responsibilities under the Mississippi Medical Cannabis Act from February 2, 2022, through June 30, 2026;

S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1516 into(xi) byAny the Department of Child Protection Services through June 30, 2019, any contracts for entertainers and/or performers at the Mississippi State Fairgrounds entered into by the Mississippi Fair Commission, any contracts entered into by the Department of Finance and Administration when procuring aircraft maintenance, parts, equipment and/or services, any contract entered into by the Department of Public Safety for service on specialized equipment and/or software required for the operation at such specialized equipment for use by the Office of Forensics Laboratories, any personal or professional service contract entered into by the Mississippi Department of Health and/or the Department of Revenue solely in connection with their respective responsibilities under the Mississippi Medical Cannabis Act from February 2, 2022, through June 30, 2023, any contract for attorney, accountant, actuary auditor, architect, engineer, anatomical pathologist, or utility rate expert services,services; 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, 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, and any personal or professional services contract entered into by the Mississippi Department of Environmental Quality in carrying out its responsibilities under S.

(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;

(xiv) Any personal or professional services contract entered into by the Mississippi Department of Environmental Quality in carrying out its responsibilities under the Mississippi Municipality and County Water Infrastructure Grant Program Act of 2022, through June 30, 2026.

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 Section 7-7-3(6)(d).

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 Appropriation Committees of the Senate and House of S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1617 Representatives at least fifteen (15) days before the Mississippiboard Municipalityvotes on the proposed changes, and Countythose Waterrules Infrastructureand Grantregulation Programchanges, Actif ofadopted, 2022,shall throughbe Junepromulgated 30,in 2026.accordance with the Mississippi Administrative Procedures Act;

Anyand such(xv) From and after July 1, 2024, the Public Procurement Review Board shall promulgate rules and regulations shallthat providerequire the Department of Finance and Administration to conduct personal and professional services solicitations as provided in subparagraph (i) of this paragraph for maintainingthose continuousservices internalin auditexcess coveringof Seventy-five Thousand Dollars ($75,000.00) for the activitiesDepartment of suchMarine agencyResources, affectingthe itsDepartment revenueof Wildlife, Fisheries and expendituresParks, asthe requiredMississippi underEmergency SectionManagement 7-7-3(6)(d).Agency and the Mississippi Development Authority, with assistance to be provided from these entities.

Any rulespowers andthat regulationhave changesbeen relatedconferred toupon personalagencies andin professionalorder servicesto contractscomply thatwith the Publicprovisions Procurementof Reviewthis Boardsection mayfor proposepersonal and professional services solicitations shall be submittedconferred toupon the ChairsDepartment of theFinance Accountability, Efficiency and TransparencyAdministration Committeesto ofconduct thepersonal Senate and Houseprofessional ofservices Representativessolicitations andfor the ChairsDepartment of theMarine AppropriationResources, Committees of the SenateDepartment and House of RepresentativesWildlife, atFisheries leastand fifteenParks, (15) days before the boardMississippi votesEmergency onManagement theAgency proposed changes, and thosethe rulesMississippi andDevelopment regulationAuthority changes,for ifthose adopted,services shall be promulgated in accordanceexcess withof theSeventy-five MississippiThousand AdministrativeDollars Procedures($75,000.00). Act;

(g)The ApproveDepartment allof personalFinance and professionalAdministration servicesshall contractsmake involvingany thesubmissions expendituresthat ofare fundsrequired into excessbe ofmade Seventy-fiveby Thousandother Dollarsagencies ($75,000.00),to exceptthe asPublic providedProcurement inReview paragraphBoard (f)for ofthe thisDepartment subsectionof (2)Marine andS. in subsection (8);

(h) Develop mandatory standards with respect to contractual services personnel that require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors.

The Public Procurement Review Board shall, unless exempted under this paragraph (h) or under paragraph (i) or (o) of this subsection (2), require the agency involved to submit the procurement to a competitive procurement S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1718 process,Resources, andthe mayDepartment reserveof Wildlife, Fisheries and Parks, the rightMississippi toEmergency rejectManagement anyAgency orand allthe resultingMississippi procurements;Development Authority.

The provisions of this subparagraph (xv) shall stand repealed on June 30, 2027.

(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) Develop mandatory standards with respect to contractual services personnel that require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors.

The Public Procurement Review Board shall, unless exempted under this paragraph (h) or under paragraph (i) or (o) of this subsection (2), require the agency involved to submit the procurement to a competitive procurement process, and may reserve the right to reject any or all resulting procurements;

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

B.

No.

2887 *SS26/R1042SG* ~ OFFICIAL ~ 23/SS26/R1042SG PAGE 19 (i) Agency requirements may be fulfilled by procuring services performed incident to the state's own programs.

(j) 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 S.administrative monitoring of contract performance by the agency and successful steps in terminating a contract;

(k) Present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;

(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 S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1820 administrativeauthority monitoringto ofenter contractinto performancecontractual byagreements thefor agencystudent andassessment successfulfor stepsa inperiod terminatingup ato contract;ten (10) years.

(k) Present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;

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

S.(i) For the purposes of this paragraph (o), the term "sole source" means only one (1) source is available that can provide the required personal or professional service.

(ii) An agency that has been issued a binding, valid court order mandating that a particular source or provider must be used for the required service must include a copy of the applicable court order in all future sole source contract reviews for the particular personal or professional service referenced in the court order.

(iii) Any agency alleging to have a sole source for any personal or professional service, other than those S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 1921 (i)exempted Forunder theparagraph purposes(f) of this paragraphsubsection (o),(2) and subsection (8), shall publish on the termprocurement "soleportal source"website meansestablished onlyby oneSections (1)25-53-151 sourceand is27-104-165, availablefor thatat canleast providefourteen (14) days, the requiredterms personalof orthe professionalproposed service.contract for those services.

(ii) An agency that has been issued a binding, valid court order mandating that a particular source or provider must be used for the required service must include a copy of the applicable court order in all future sole source contract reviews for the particular personal or professional service referenced in the court order.

(iii) Any agency alleging to have a sole source for any personal or professional service, other than those 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.

S.4.

B.

No.

2887 *SS36/R1042CS.1* ~ OFFICIAL ~ 23/SS36/R1042CS.1 PAGE 20 4.

(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 ReviewS. 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.

B.

No.

2887 *SS26/R1042SG* ~ OFFICIAL ~ 23/SS26/R1042SG PAGE 22 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.

The agency has the burden of proving S.that the personal or professional service is only provided by one (1) source.

B.

No.

2887 *SS36/R1042CS.1* ~ OFFICIAL ~ 23/SS36/R1042CS.1 PAGE 21 that the personal or professional service is only provided by one (1) source.

(vi)S. 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.

B.

No.

2887 *SS26/R1042SG* ~ OFFICIAL ~ 23/SS26/R1042SG PAGE 23 (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.

(3) All submissions shall be made sufficiently in advance of each monthly meeting of the Public Procurement Review Board as S.prescribed by the Public Procurement Review Board.

If the Public Procurement Review Board rejects any contract submitted for review or approval, the Public Procurement Review Board shall clearly set out the reasons for its action, including, but not limited to, the policy that the agency has violated in its submitted contract and any corrective actions that the agency may take to amend the contract to comply with the rules and regulations of the Public Procurement Review Board.

(4) All sole source contracts for personal and professional services awarded by state agencies, other than those exempted S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 2224 prescribedunder 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.

If the Public Procurement Review Board rejects any contract submitted for review or approval, the Public Procurement Review Board shall clearly set out the reasons for its action, including, but not limited to, the policy that the agency has violated in its submitted contract and any corrective actions that the agency may take to amend the contract to comply with the rules and regulations of the Public Procurement Review Board.

(4) All sole source contracts for personal and professional services awarded by state agencies, other than those exempted 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.

and S.(d) Description of the efforts that were made to conduct a noncompetitive negotiation to get the best possible price for the taxpayers.

(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 S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 2325 (d)federal Descriptionemployment oftax thepurposes. efforts that were made to conduct a noncompetitive negotiation to get the best possible price for the taxpayers.

(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 federal employment tax purposes.

S.(7) Notwithstanding any other laws or rules to the contrary, the provisions of subsection (2) of this section shall not be applicable to the Mississippi State Port Authority at Gulfport.

(8) Nothing in this section shall impair or limit the authority of the Board of Trustees of the Public Employees' Retirement System to enter into any personal or professional services contracts directly related to their constitutional obligation to manage the trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts.

Nor shall this section impair or limit the authority of the State Treasurer to S.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG PAGE 2426 (7)enter Notwithstandinginto any otherpersonal laws or rulesprofessional toservices thecontracts contrary,involving the provisionsmanagement of subsectiontrust (2)funds, ofincluding, thisbut sectionnot shalllimited notto, beactuarial, applicablecustodial tobanks, thecash Mississippimanagement, Stateinvestment Portconsultant Authorityand atinvestment Gulfport.management contracts.

(8) Nothing in this section shall impair or limit the authority of the Board of Trustees of the Public Employees' Retirement System to enter into any personal or professional services contracts directly related to their constitutional obligation to manage the trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts.

Nor shall this section impair or limit the authority of the State Treasurer to enter into any personal or professional services contracts involving the management of trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts.

2887 *SS36/R1042CS.1**SS26/R1042SG* ~ OFFICIAL ~ 23/SS36/R1042CS.123/SS26/R1042SG ST:

modify certain provisions PAGE 2527 concerning the deposit and investment of excess state funds.