Mississippi Administrative Code
Title 12 - Finance and Administration
Part 6 - Office of Purchasing, Travel and Fleet Management
Chapter 1 - General Provisions
Section 12-6-1.107 - Definitions
Universal Citation: MS Code of Rules 12-6-1.107
Current through December 10, 2024
The words defined in this section shall have the meanings set forth below whenever they appear in the regulations, unless:
(1) The context in which they are used clearly requires a different meaning; or
(2) A different definition is prescribed for a particular chapter or provision.
(a) Agency
- as defined in Section
31-7-1,
Mississippi Code of 1972, Annotated.
(b) Agency Procurement Officer - any person
duly authorized to enter into and administer contracts and make written
determinations with respect thereto. The term also includes an authorized
representative acting within the limits of authority.
(c) Board - the Public Procurement Review
Board (PPRB).
(d) Business - any
corporation, partnership, individual, sole proprietorship, joint stock company,
joint venture, or any other private legal entity.
(e) Certified Purchasing Office - any
purchasing office in which 50% or more of the purchasing agents hold a
certification from the Universal Public Purchasing Certification Council or
other nationally recognized purchasing certification, and in which, in the case
of a state agency purchasing office, in addition to the national certification,
one hundred percent (100%) of the purchasing officials hold a certification
from the State of Mississippi's Basic or Advanced Purchasing Certification
Program.
(f)Change Order - a
written order signed by the Agency Procurement Officer directing the contractor
to make changes. The changes clause of the contract authorizes the Agency
Procurement Officer to order change without the consent of the
contractor.
(g) Chief Procurement
Officer - the person holding the position as the Director of the Office of
Purchasing, Travel and Fleet Management.
(h) Construction - the process of building,
altering, improving, renovating or demolishing a public structure, public
building, or other public real property. It does not include routine operation,
routine repair or regularly scheduled maintenance of existing public
structures, public buildings, or other public real property.
(i) Contract - all types of Mississippi
agreements, regardless of what they may be called, for the procurement or
disposal of commodities, equipment, services, or construction.
(j) Contract Modification - any written
alteration in specifications, delivery point, rate of delivery, period of
performance, price, quantity, or other provisions of any contract accomplished
by mutual action of the parties to the contract.
(k) Contractor - any person having a contract
with a governmental body.
(l) Data
- recorded information, regardless of form or characteristic.
(m) Designee - a duly authorized
representative of a person holding a superior position.
(n) Employee - an individual drawing a salary
from a governmental body, whether elected or not, and any non-compensated
individual performing personal services for any governmental body.
(o) Governing Authority - as defined in
Section
31-7-1,
Mississippi Code of 1972, Annotated.
(p) May - denotes the permissive.
(q) Must - to be required or compelled
to
(r) Person - any business,
individual, union, committee, club, other organization, or group of
individuals.
(s) Procurement -
buying, purchasing, renting, leasing, or otherwise acquiring any commodities,
equipment, services, or construction. It also includes all functions that
pertain to the obtaining of any commodities, equipment, services, or
construction, including description of requirements, selection and solicitation
of sources, preparation and award of contract and all phases of contract
administration.
(t) Purchase -
buying, renting, leasing or otherwise acquiring.
(u) Purchasing Agency - any governmental body
other than the Office of Purchasing, Travel and Fleet Management which is
authorized by regulations, or by way of delegation from the Chief Procurement
Officer, to enter into contracts.
(v) Purchasing Agent - any administrator,
superintendent, purchase clerk or other chief officer so designated having
general or special authority to negotiate for and make private contract for or
purchase for any governing authority or agency, including issue purchase
orders, invitations for bid, requests for proposals, and receive and accept
bids.
(w) Regulation - a
governmental body's statement, having general or particular applicability and
future effect, designed to implement, interpret, or prescribe law or policy, or
describing organization, procedure, or practice requirements, which has been
promulgated in accordance with Section
31-7-9,
Mississippi Code of 1972, Annotated.
(x) Reverse Auction - an online auction in
which sellers bid against each other to win a buyer's business. Typically used
to purchase commodities from multiple pre-qualified providers. Also referred to
as eAuction.
(y) Services - the
furnishing of labor, time, or effort by a vendor or supplier, not involving the
delivery of a specific end product other than reports which are merely
incidental to the required performance. This term shall not include employment
agreements or collective bargaining agreements.
(z) Shall - denotes the imperative.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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