Mississippi Administrative Code
Title 12 - Finance and Administration
Part 9 - Office of Personal Service Contract Review Rules and Regulations
Chapter 13 - SMALL PURCHASES
Section 12-9-13.1 - Application of this Regulation
Current through September 24, 2024
Agencies may use the procedures set forth in this chapter to procure personal and professional services when the contract value will not exceed $75,000.00. If the Agency chooses not to use the procedures in this chapter, one of the other methods of source selection discussed in Chapter 3 shall be used.
13.1.1 Artificial Division of Requirements Prohibited
Procurement requirements, including the total funds to be expended, the scope of services, or the timeframe in which such services will be needed, shall neither be artificially divided nor underestimated so as to constitute a small purchase under this chapter. There should be only one contract between a single Agency and a single vendor for a particular service type unless a written justification as to why the Agency requires more than a single contract has been signed by the Agency Head and the Agency's chief financial officer and uploaded to MAGIC. Agencies should construe this regulation in favor of competition where there is any uncertainty.
13.1.2 Multiple Small Purchase Contracts with the Same Vendor
If any Agency has multiple contracts for personal and professional services with the same vendor and the cumulative total of those contracts exceeds $75,000.00, SPAHRS and/or MAGIC will automatically route the contract to OPSCR for review. PPRB has delegated authority to OPSCR to approve any such contracts only after the Agency has posted the written justification required by Section 13.1.1 in MAGIC. OPSCR will review the letter for procedural compliance only and will not substitute its judgment for that of the procuring Agency with regard to whether a service has been artificially divided.
