Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 20 - Bureau of Public Water Supply
Subpart 72 - Public Water Supply
Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM
Subchapter 4 - Costs
Rule 15-20-72-5.4.5 - Professional Services
Universal Citation: MS Code of Rules 15-20-72-5.4.5
Current through September 24, 2024
The term professional services refers to engineering, legal, administrative, and similar services.
1. Allowable costs include the costs of/for:
A. Planning, application, and design. These
costs include all engineering and other costs that are incurred in planning and
designing the project, as well as applying for the Grant. These costs include
but are not necessarily limited to the following services, as determined
allowable in Subchapter 5 of these regulations.
(i) Preparing the plans, specifications, and
contract documents.
(ii) Preparing
interlocal agreements necessary for the project.
(iii) Surveys and all other work needed to
obtain clearance or permits from all intergovernmental review
agencies.
(iv) Preparing the Grant
application, preparing applications for permits required by federal, state or
local regulations or procedures.
B. Construction Phase Professional Services
Subchapter 7 are allowable regardless of the outcome of the protest, provided
there was not an attempt by the Grant recipient to violate or circumvent
applicable purchase laws.
(i) Services
incurred during the advertisement, award and construction of a project to
ensure compliance with applicable purchasing laws and to ensure that the
project is built in conformance with the design plans and specifications. These
services are primarily engineering, and construction management services
provided during the advertisement, award and building of the project, including
observation services, materials testing (e.g., concrete strength, soil
compaction, etc.) required by the specifications, inspecting and expediting the
delivery of equipment and material purchased directly by the Grant recipient,
reviewing shop drawings and full-scale record drawings, preparing change
orders, payment processing, etc.
(ii) Legal, engineering, and other services
incurred by the Grant recipient in deciding procurement protests and defending
their decisions in protest appeals under Subchapter 9 are allowable regardless
of the outcome of the protest, provided there was not an attempt by the Grant
recipient to violate or circumvent applicable purchase laws.
(iii) Asset management plan for constructed
components of the funded project
(iv) Accounting services for preparation of
the Single Auditor Program Specific Audit
(v) Development of an operation and
maintenance manual.
(vi) Start-up
services for onsite training of operating personnel in operation and control of
specific treatment processes, laboratory procedures, and maintenance and
records management, provided these costs are incurred prior to the end of the
60-day period established in Rule
5.3.19. of these
regulations.
(vii) Administrative
services associated with the construction project and administering the ARPA
RWAIG.
(viii) Services, other than
engineering services during construction/repairs, such as railway or highway
flagmen or utility or highway inspectors, required during the building of the
project, provided that
a. The entity
responsible for the affected railway, highway, or utility requires such
services for all parties conducting similar types of work, regardless of the
source of construction funding for the project, or the services are required by
law.
b. The cost of such services
has not been included in the construction contractor's bid price.
(ix) Engineering or other services
necessary to correct defects in the grant applications plan, design drawings
and specifications or other documents to the extent that such costs would have
been allowable for preparing defect free documents.
2. Unallowable costs include the costs of:
A. Public liaison
services.
B. Local travel (i.e.,
commuting expenses) between living quarters and the construction site for
persons working at the site.
House Bill 1421, 2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS Legislature
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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