Public purchasing; increase threshold for purchase without competitive bidding.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Waldo

HOUSE BILL NO. 1299

AN ACT TO AMEND SECTION 31-7-13, MISSISSIPPI CODE OF 1972, TO 1
RAISE THE THRESHOLD FROM $5,000.00 TO $10,000.00 FOR MAKING PUBLIC 2
PURCHASES WITHOUT COMPETITIVE BIDDING; TO AMEND SECTION 31-5-37, 3
MISSISSIPPI CODE OF 1972, TO RAISE THE THRESHOLD FROM $5,000.00 TO 4
$10,000.00 FOR CERTAIN REQUIREMENTS FOR CONTRACTORS SUBMITTING 5
BIDS FOR CERTAIN PUBLIC WORKS PROJECTS; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 31-7-13, Mississippi Code of 1972, is 8
amended as follows: 9
31-7-13. All agencies and governing authorities shall 10
purchase their commodities and printing; contract for garbage 11
collection or disposal; contract for solid waste collection or 12
disposal; contract for sewage collection or disposal; contract for 13
public construction; and contract for rentals as herein provided. 14
(a) Bidding procedure for purchases not over * * * 15
$10,000. Purchases which do not involve an expenditure of more 16
than * * * Ten Thousand Dollars ($10,000.00), exclusive of freight 17
or shipping charges, may be made without advertising or otherwise 18
requesting competitive bids. However, nothing contained in this 19
paragraph (a) shall be construed to prohibit any agency or 20
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governing authority from establishing procedures which require 21
competitive bids on purchases of * * * Ten Thousand Dollars 22
($10,000.00) or less. 23
(b) Bidding procedure for purchases over * * * 24
$10,000.00 but not over $75,000.00. Purchases which involve an 25
expenditure of more than * * * Ten Thousand Dollars ($10,000.00) 26
but not more than Seventy-five Thousand Dollars ($75,000.00), 27
exclusive of freight and shipping charges, may be made from the 28
lowest and best bidder without publishing or posting advertisement 29
for bids, provided at least two (2) competitive written bids have 30
been obtained. Any state agency or community or junior college 31
purchasing commodities or procuring construction pursuant to this 32
paragraph (b) may authorize its purchasing agent, or his designee, 33
to accept the lowest competitive written bid under Seventy-five 34
Thousand Dollars ($75,000.00). Any governing authority purchasing 35
commodities pursuant to this paragraph (b) may authorize its 36
purchasing agent, or his designee, with regard to governing 37
authorities other than counties, or its purchase clerk, or his 38
designee, with regard to counties, to accept the lowest and best 39
competitive written bid. Such authorization shall be made in 40
writing by the governing authority and shall be maintained on file 41
in the primary office of the agency and recorded in the official 42
minutes of the governing authority, as appropriate. The 43
purchasing agent or the purchase clerk, or his designee, as the 44
case may be, and not the governing authority, shall be liable for 45
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any penalties and/or damages as may be imposed by law for any act 46
or omission of the purchasing agent or purchase clerk, or his 47
designee, constituting a violation of law in accepting any bid 48
without approval by the governing authority. The term 49
"competitive written bid" shall mean a bid submitted on a bid form 50
furnished by the buying agency or governing authority and signed 51
by authorized personnel representing the vendor, or a bid 52
submitted on a vendor's letterhead or identifiable bid form and 53
signed by authorized personnel representing the vendor. 54
"Competitive" shall mean that the bids are developed based upon 55
comparable identification of the needs and are developed 56
independently and without knowledge of other bids or prospective 57
bids. Any bid item for construction in excess of * * * Ten 58
Thousand Dollars ($10,000.00) shall be broken down by components 59
to provide detail of component description and pricing. These 60
details shall be submitted with the written bids and become part 61
of the bid evaluation criteria. Bids may be submitted by 62
facsimile, electronic mail or other generally accepted method of 63
information distribution. Bids submitted by electronic 64
transmission shall not require the signature of the vendor's 65
representative unless required by agencies or governing 66
authorities. 67
(c) Bidding procedure for purchases over $75,000.00. 68
(i) Publication requirement. 69
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1. Purchases which involve an expenditure of 70
more than Seventy-five Thousand Dollars ($75,000.00), exclusive of 71
freight and shipping charges, may be made from the lowest and best 72
bidder after advertising for competitive bids once each week for 73
two (2) consecutive weeks in a regular newspaper published in the 74
county or municipality in which such agency or governing authority 75
is located. However, all American Recovery and Reinvestment Act 76
projects in excess of Twenty-five Thousand Dollars ($25,000.00) 77
shall be bid. All references to American Recovery and 78
Reinvestment Act projects in this section shall not apply to 79
programs identified in Division B of the American Recovery and 80
Reinvestment Act. 81
2. Reverse auctions shall be the primary 82
method for receiving bids during the bidding process. If a 83
purchasing entity determines that a reverse auction is not in the 84
best interest of the state, then that determination must be 85
approved by the Public Procurement Review Board. The purchasing 86
entity shall submit a detailed explanation of why a reverse 87
auction would not be in the best interest of the state and present 88
an alternative process to be approved by the Public Procurement 89
Review Board. If the Public Procurement Review Board authorizes 90
the purchasing entity to solicit bids with a method other than 91
reverse auction, then the purchasing entity may designate the 92
other methods by which the bids will be received, including, but 93
not limited to, bids sealed in an envelope, bids received 94
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electronically in a secure system, or bids received by any other 95
method that promotes open competition and has been approved by the 96
Office of Purchasing and Travel. However, reverse auction shall 97
not be used for any public contract for design, construction, 98
improvement, repair or remodeling of any public facilities, 99
including the purchase of materials, supplies, equipment or goods 100
for same and including buildings, roads and bridges. The Public 101
Procurement Review Board must approve any contract entered into by 102
alternative process. The provisions of this item 2 shall not 103
apply to the individual state institutions of higher learning. 104
The provisions of this item 2 requiring reverse auction as the 105
primary method of receiving bids shall not apply to term contract 106
purchases as provided in paragraph (n) of this section; however, a 107
purchasing entity may, in its discretion, utilize reverse auction 108
for such purchases. The provisions of this item 2 shall not apply 109
to individual public schools, including public charter schools and 110
public school districts, only when purchasing copyrighted 111
educational supplemental materials and software as a service 112
product. For such purchases, a local school board may authorize a 113
purchasing entity in its jurisdiction to use a Request for 114
Qualifications which promotes open competition and meets the 115
requirements of the Office of Purchasing and Travel. 116
3. The date as published for the bid opening 117
shall not be less than seven (7) working days after the last 118
published notice; however, if the purchase involves a construction 119
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project in which the estimated cost is in excess of Seventy-five 120
Thousand Dollars ($75,000.00), such bids shall not be opened in 121
less than fifteen (15) working days after the last notice is 122
published and the notice for the purchase of such construction 123
shall be published once each week for two (2) consecutive weeks. 124
The notice of intention to let contracts or purchase equipment 125
shall state the time and place at which bids shall be received, 126
list the contracts to be made or types of equipment or supplies to 127
be purchased, and, if all plans and/or specifications are not 128
published, refer to the plans and/or specifications on file. If 129
there is no newspaper published in the county or municipality, 130
then such notice shall be given by posting same at the courthouse, 131
or for municipalities at the city hall, and at two (2) other 132
public places in the county or municipality, and also by 133
publication once each week for two (2) consecutive weeks in some 134
newspaper having a general circulation in the county or 135
municipality in the above-provided manner. On the same date that 136
the notice is submitted to the newspaper for publication, the 137
agency or governing authority involved shall mail written notice 138
to, or provide electronic notification to the main office of the 139
Mississippi Procurement Technical Assistance Program under the 140
Mississippi Development Authority that contains the same 141
information as that in the published notice. Within one (1) 142
working day of the contract award, the agency or governing 143
authority shall post to the designated web page maintained by the 144
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Department of Finance and Administration, notice of the award, 145
including the award recipient, the contract amount, and a brief 146
summary of the contract in accordance with rules promulgated by 147
the department. Within one (1) working day of the contract 148
execution, the agency or governing authority shall post to the 149
designated web page maintained by the Department of Finance and 150
Administration a summary of the executed contract and make a copy 151
of the appropriately redacted contract documents available for 152
linking to the designated web page in accordance with the rules 153
promulgated by the department. The information provided by the 154
agency or governing authority shall be posted to the web page 155
until the project is completed. 156
4. Agencies and governing authorities using 157
federal funds for the procurement of any good or service, 158
including exempt personal and professional services, must comply 159
with the Uniform Administrative Requirements, Cost Principles, and 160
Audit Requirements for Federal Awards - Subpart D - Post Federal 161
Award Requirements Procurement Standards, in accordance with 2 CFR 162
200.317 through 2 CFR 200.327. 163
(ii) Bidding process amendment procedure. If all 164
plans and/or specifications are published in the notification, 165
then the plans and/or specifications may not be amended. If all 166
plans and/or specifications are not published in the notification, 167
then amendments to the plans/specifications, bid opening date, bid 168
opening time and place may be made, provided that the agency or 169
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governing authority maintains a list of all prospective bidders 170
who are known to have received a copy of the bid documents and all 171
such prospective bidders are sent copies of all amendments. This 172
notification of amendments may be made via mail, facsimile, 173
electronic mail or other generally accepted method of information 174
distribution. No addendum to bid specifications may be issued 175
within two (2) working days of the time established for the 176
receipt of bids unless such addendum also amends the bid opening 177
to a date not less than five (5) working days after the date of 178
the addendum. 179
(iii) Filing requirement. In all cases involving 180
governing authorities, before the notice shall be published or 181
posted, the plans or specifications for the construction or 182
equipment being sought shall be filed with the clerk of the board 183
of the governing authority. In addition to these requirements, a 184
bid file shall be established which shall indicate those vendors 185
to whom such solicitations and specifications were issued, and 186
such file shall also contain such information as is pertinent to 187
the bid. 188
(iv) Specification restrictions. 189
1. Specifications pertinent to such bidding 190
shall be written so as not to exclude comparable equipment of 191
domestic manufacture. However, if valid justification is 192
presented, the Department of Finance and Administration or the 193
board of a governing authority may approve a request for specific 194
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equipment necessary to perform a specific job. Further, such 195
justification, when placed on the minutes of the board of a 196
governing authority, may serve as authority for that governing 197
authority to write specifications to require a specific item of 198
equipment needed to perform a specific job. In addition to these 199
requirements, from and after July 1, 1990, vendors of relocatable 200
classrooms and the specifications for the purchase of such 201
relocatable classrooms published by local school boards shall meet 202
all pertinent regulations of the State Board of Education, 203
including prior approval of such bid by the State Department of 204
Education. 205
2. Specifications for construction projects 206
may include an allowance for commodities, equipment, furniture, 207
construction materials or systems in which prospective bidders are 208
instructed to include in their bids specified amounts for such 209
items so long as the allowance items are acquired by the vendor in 210
a commercially reasonable manner and approved by the 211
agency/governing authority. Such acquisitions shall not be made 212
to circumvent the public purchasing laws. 213
(v) Electronic bids. Agencies and governing 214
authorities shall provide a secure electronic interactive system 215
for the submittal of bids requiring competitive bidding that shall 216
be an additional bidding option for those bidders who choose to 217
submit their bids electronically. The Department of Finance and 218
Administration shall provide, by regulation, the standards that 219
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agencies must follow when receiving electronic bids. Agencies and 220
governing authorities shall make the appropriate provisions 221
necessary to accept electronic bids from those bidders who choose 222
to submit their bids electronically for all purchases requiring 223
competitive bidding under this section. Any special condition or 224
requirement for the electronic bid submission shall be specified 225
in the advertisement for bids required by this section. Agencies 226
or governing authorities that are currently without available high 227
speed Internet access shall be exempt from the requirement of this 228
subparagraph (v) until such time that high speed Internet access 229
becomes available. Any county having a population of less than 230
twenty thousand (20,000) shall be exempt from the provisions of 231
this subparagraph (v). Any municipality having a population of 232
less than ten thousand (10,000) shall be exempt from the 233
provisions of this subparagraph (v). The provisions of this 234
subparagraph (v) shall not require any bidder to submit bids 235
electronically. When construction bids are submitted 236
electronically, the requirement for including a certificate of 237
responsibility, or a statement that the bid enclosed does not 238
exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the 239
bid envelope as indicated in Section 31-3-21(1) and (2) shall be 240
deemed in compliance with by including same as an attachment with 241
the electronic bid submittal. 242
(d) Lowest and best bid decision procedure. 243
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(i) Decision procedure. Purchases may be made 244
from the lowest and best bidder. In determining the lowest and 245
best bid, freight and shipping charges shall be included. 246
Life-cycle costing, total cost bids, warranties, guaranteed 247
buy-back provisions and other relevant provisions may be included 248
in the best bid calculation. All best bid procedures for state 249
agencies must be in compliance with regulations established by the 250
Department of Finance and Administration. If any governing 251
authority accepts a bid other than the lowest bid actually 252
submitted, it shall place on its minutes detailed calculations and 253
narrative summary showing that the accepted bid was determined to 254
be the lowest and best bid, including the dollar amount of the 255
accepted bid and the dollar amount of the lowest bid. No agency 256
or governing authority shall accept a bid based on items not 257
included in the specifications. 258
(ii) Decision procedure for Certified Purchasing 259
Offices. In addition to the decision procedure set forth in 260
subparagraph (i) of this paragraph (d), Certified Purchasing 261
Offices may also use the following procedure: Purchases may be 262
made from the bidder offering the best value. In determining the 263
best value bid, freight and shipping charges shall be included. 264
Life-cycle costing, total cost bids, warranties, guaranteed 265
buy-back provisions, documented previous experience, training 266
costs and other relevant provisions, including, but not limited 267
to, a bidder having a local office and inventory located within 268
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the jurisdiction of the governing authority, may be included in 269
the best value calculation. This provision shall authorize 270
Certified Purchasing Offices to utilize a Request For Proposals 271
(RFP) process when purchasing commodities. All best value 272
procedures for state agencies must be in compliance with 273
regulations established by the Department of Finance and 274
Administration. No agency or governing authority shall accept a 275
bid based on items or criteria not included in the specifications. 276
(iii) Decision procedure for Prequalified 277
Construction. In addition to the decision procedure set forth in 278
subparagraph (i) of this paragraph (d), where purchase involves 279
renovation, restoration, or both, of the State Capitol Building or 280
any other historical building designated for at least five (5) 281
years as a Mississippi Landmark by the Board of Trustees of the 282
Department of Archives and History under the authority of Sections 283
39-7-7 and 39-7-11, or for any other construction procurement with 284
a minimum construction cost of Ten Million Dollars 285
($10,000,000.00) where the agency or governing authority has 286
determined that prequalification of bidders is in the best 287
interest of the state, the agency or governing authority may use 288
the following procedure: Purchases may be made from the lowest 289
and best prequalified bidder. Solicitation of the 290
prequalification of bidders shall be in accordance with paragraph 291
(c) of this section and shall be determined not less than fifteen 292
(15) working days before the prequalified bidders are invited to 293
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submit bids. Prequalification criteria shall be limited to 294
bidder's and proposed sub-contractor's knowledge and experience on 295
projects of similar size and scope, past performance, project 296
management team and financial stability. All best bid and 297
prequalification procedures for state agencies must be in 298
compliance with regulations established by the Department of 299
Finance and Administration. If any governing authority accepts a 300
bid other than the lowest bid actually submitted, it shall place 301
on its minutes detailed calculations and narrative summary showing 302
that the accepted bid was determined to be the lowest and best 303
bid, including the dollar amount of the accepted bid and the 304
dollar amount of the lowest bid. No agency or governing authority 305
shall accept a bid based on items not included in the 306
specifications. 307
(iv) Construction project negotiations authority. 308
If the lowest and best bid is not more than ten percent (10%) 309
above the amount of funds allocated for a public construction or 310
renovation project, then the agency or governing authority shall 311
be permitted to negotiate with the lowest bidder in order to enter 312
into a contract for an amount not to exceed the funds allocated. 313
(e) Lease-purchase authorization. For the purposes of 314
this section, the term "equipment" shall mean equipment, furniture 315
and, if applicable, associated software and other applicable 316
direct costs associated with the acquisition. Any lease-purchase 317
of equipment which an agency is not required to lease-purchase 318
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under the master lease-purchase program pursuant to Section 319
31-7-10 and any lease-purchase of equipment which a governing 320
authority elects to lease-purchase may be acquired by a 321
lease-purchase agreement under this paragraph (e). Lease-purchase 322
financing may also be obtained from the vendor or from a 323
third-party source after having solicited and obtained at least 324
two (2) written competitive bids, as defined in paragraph (b) of 325
this section, for such financing without advertising for such 326
bids. Solicitation for the bids for financing may occur before or 327
after acceptance of bids for the purchase of such equipment or, 328
where no such bids for purchase are required, at any time before 329
the purchase thereof. No such lease-purchase agreement shall be 330
for an annual rate of interest which is greater than the overall 331
maximum interest rate to maturity on general obligation 332
indebtedness permitted under Section 75-17-101, and the term of 333
such lease-purchase agreement shall not exceed the useful life of 334
equipment covered thereby as determined according to the upper 335
limit of the asset depreciation range (ADR) guidelines for the 336
Class Life Asset Depreciation Range System established by the 337
Internal Revenue Service pursuant to the United States Internal 338
Revenue Code and regulations thereunder as in effect on December 339
31, 1980, or comparable depreciation guidelines with respect to 340
any equipment not covered by ADR guidelines. Any lease-purchase 341
agreement entered into pursuant to this paragraph (e) may contain 342
any of the terms and conditions which a master lease-purchase 343
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agreement may contain under the provisions of Section 31-7-10(5), 344
and shall contain an annual allocation dependency clause 345
substantially similar to that set forth in Section 31-7-10(8). 346
Each agency or governing authority entering into a lease-purchase 347
transaction pursuant to this paragraph (e) shall maintain with 348
respect to each such lease-purchase transaction the same 349
information as required to be maintained by the Department of 350
Finance and Administration pursuant to Section 31-7-10(13). 351
However, nothing contained in this section shall be construed to 352
permit agencies to acquire items of equipment with a total 353
acquisition cost in the aggregate of less than Ten Thousand 354
Dollars ($10,000.00) by a single lease-purchase transaction. All 355
equipment, and the purchase thereof by any lessor, acquired by 356
lease-purchase under this paragraph and all lease-purchase 357
payments with respect thereto shall be exempt from all Mississippi 358
sales, use and ad valorem taxes. Interest paid on any 359
lease-purchase agreement under this section shall be exempt from 360
State of Mississippi income taxation. 361
(f) Alternate bid authorization. When necessary to 362
ensure ready availability of commodities for public works and the 363
timely completion of public projects, no more than two (2) 364
alternate bids may be accepted by a governing authority for 365
commodities. No purchases may be made through use of such 366
alternate bids procedure unless the lowest and best bidder cannot 367
deliver the commodities contained in his bid. In that event, 368
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purchases of such commodities may be made from one (1) of the 369
bidders whose bid was accepted as an alternate. 370
(g) Construction contract change authorization. In the 371
event a determination is made by an agency or governing authority 372
after a construction contract is let that changes or modifications 373
to the original contract are necessary or would better serve the 374
purpose of the agency or the governing authority, such agency or 375
governing authority may, in its discretion, order such changes 376
pertaining to the construction that are necessary under the 377
circumstances without the necessity of further public bids; 378
provided that such change shall be made in a commercially 379
reasonable manner and shall not be made to circumvent the public 380
purchasing statutes. In addition to any other authorized person, 381
the architect or engineer hired by an agency or governing 382
authority with respect to any public construction contract shall 383
have the authority, when granted by an agency or governing 384
authority, to authorize changes or modifications to the original 385
contract without the necessity of prior approval of the agency or 386
governing authority when any such change or modification is less 387
than one percent (1%) of the total contract amount. The agency or 388
governing authority may limit the number, manner or frequency of 389
such emergency changes or modifications. 390
(h) Petroleum purchase alternative. In addition to 391
other methods of purchasing authorized in this chapter, when any 392
agency or governing authority shall have a need for gas, diesel 393
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fuel, oils and/or other petroleum products in excess of the amount 394
set forth in paragraph (a) of this section, such agency or 395
governing authority may purchase the commodity after having 396
solicited and obtained at least two (2) competitive written bids, 397
as defined in paragraph (b) of this section. If two (2) 398
competitive written bids are not obtained, the entity shall comply 399
with the procedures set forth in paragraph (c) of this section. 400
In the event any agency or governing authority shall have 401
advertised for bids for the purchase of gas, diesel fuel, oils and 402
other petroleum products and coal and no acceptable bids can be 403
obtained, such agency or governing authority is authorized and 404
directed to enter into any negotiations necessary to secure the 405
lowest and best contract available for the purchase of such 406
commodities. 407
(i) Road construction petroleum products price 408
adjustment clause authorization. Any agency or governing 409
authority authorized to enter into contracts for the construction, 410
maintenance, surfacing or repair of highways, roads or streets, 411
may include in its bid proposal and contract documents a price 412
adjustment clause with relation to the cost to the contractor, 413
including taxes, based upon an industry-wide cost index, of 414
petroleum products including asphalt used in the performance or 415
execution of the contract or in the production or manufacture of 416
materials for use in such performance. Such industry-wide index 417
shall be established and published monthly by the Mississippi 418
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Department of Transportation with a copy thereof to be mailed, 419
upon request, to the clerks of the governing authority of each 420
municipality and the clerks of each board of supervisors 421
throughout the state. The price adjustment clause shall be based 422
on the cost of such petroleum products only and shall not include 423
any additional profit or overhead as part of the adjustment. The 424
bid proposals or document contract shall contain the basis and 425
methods of adjusting unit prices for the change in the cost of 426
such petroleum products. 427
(j) State agency emergency purchase procedure. If the 428
governing board or the executive head, or his designees, of any 429
agency of the state shall determine that an emergency exists in 430
regard to the purchase of any commodities or repair contracts, so 431
that the delay incident to giving opportunity for competitive 432
bidding would be detrimental to the interests of the state, then 433
the head of such agency, or his designees, shall file with the 434
Department of Finance and Administration (i) a statement 435
explaining the conditions and circumstances of the emergency, 436
which shall include a detailed description of the events leading 437
up to the situation and the negative impact to the entity if the 438
purchase is made following the statutory requirements set forth in 439
paragraph (a), (b) or (c) of this section, and (ii) a certified 440
copy of the appropriate minutes of the board of such agency 441
requesting the emergency purchase, if applicable. Upon receipt of 442
the statement and applicable board certification, the State Fiscal 443
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Officer, or his designees, may, in writing, authorize the purchase 444
or repair without having to comply with competitive bidding 445
requirements. 446
If the governing board or the executive head, or his 447
designees, of any agency determines that an emergency exists in 448
regard to the purchase of any commodities or repair contracts, so 449
that the delay incident to giving opportunity for competitive 450
bidding would threaten the health or safety of any person, or the 451
preservation or protection of property, then the provisions in 452
this section for competitive bidding shall not apply, and any 453
officer or agent of the agency having general or specific 454
authority for making the purchase or repair contract shall approve 455
the bill presented for payment, and he shall certify in writing 456
from whom the purchase was made, or with whom the repair contract 457
was made. 458
Total purchases made under this paragraph (j) shall only be 459
for the purpose of meeting needs created by the emergency 460
situation. Following the emergency purchase, documentation of the 461
purchase, including a description of the commodity purchased, the 462
purchase price thereof and the nature of the emergency shall be 463
filed with the Department of Finance and Administration. Any 464
contract awarded pursuant to this paragraph (j) shall not exceed a 465
term of one (1) year. 466
Purchases under the grant program established under Section 467
37-68-7 in response to COVID-19 and the directive that school 468
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districts create a distance learning plan and fulfill technology 469
needs expeditiously shall be deemed an emergency purchase for 470
purposes of this paragraph (j). 471
(k) Governing authority emergency purchase procedure. 472
If the governing authority, or the governing authority acting 473
through its designee, shall determine that an emergency exists in 474
regard to the purchase of any commodities or repair contracts, so 475
that the delay incident to giving opportunity for competitive 476
bidding would be detrimental to the interest of the governing 477
authority, then the provisions herein for competitive bidding 478
shall not apply and any officer or agent of such governing 479
authority having general or special authority therefor in making 480
such purchase or repair shall approve the bill presented therefor, 481
and he shall certify in writing thereon from whom such purchase 482
was made, or with whom such a repair contract was made. At the 483
board meeting next following the emergency purchase or repair 484
contract, documentation of the purchase or repair contract, 485
including a description of the commodity purchased, the price 486
thereof and the nature of the emergency shall be presented to the 487
board and shall be placed on the minutes of the board of such 488
governing authority. Purchases under the grant program 489
established under Section 37-68-7 in response to COVID-19 and the 490
directive that school districts create a distance learning plan 491
and fulfill technology needs expeditiously shall be deemed an 492
emergency purchase for purposes of this paragraph (k). 493
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(l) Hospital purchase, lease-purchase and lease 494
authorization. 495
(i) The commissioners or board of trustees of any 496
public hospital may contract with such lowest and best bidder for 497
the purchase or lease-purchase of any commodity under a contract 498
of purchase or lease-purchase agreement whose obligatory payment 499
terms do not exceed five (5) years. 500
(ii) In addition to the authority granted in 501
subparagraph (i) of this paragraph (l), the commissioners or board 502
of trustees is authorized to enter into contracts for the lease of 503
equipment or services, or both, which it considers necessary for 504
the proper care of patients if, in its opinion, it is not 505
financially feasible to purchase the necessary equipment or 506
services. Any such contract for the lease of equipment or 507
services executed by the commissioners or board shall not exceed a 508
maximum of five (5) years' duration and shall include a 509
cancellation clause based on unavailability of funds. If such 510
cancellation clause is exercised, there shall be no further 511
liability on the part of the lessee. Any such contract for the 512
lease of equipment or services executed on behalf of the 513
commissioners or board that complies with the provisions of this 514
subparagraph (ii) shall be excepted from the bid requirements set 515
forth in this section. 516
(m) Exceptions from bidding requirements. Excepted 517
from bid requirements are: 518
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(i) Purchasing agreements approved by department. 519
Purchasing agreements, contracts and maximum price regulations 520
executed or approved by the Department of Finance and 521
Administration. 522
(ii) Outside equipment repairs. Repairs to 523
equipment, when such repairs are made by repair facilities in the 524
private sector; however, engines, transmissions, rear axles and/or 525
other such components shall not be included in this exemption when 526
replaced as a complete unit instead of being repaired and the need 527
for such total component replacement is known before disassembly 528
of the component; however, invoices identifying the equipment, 529
specific repairs made, parts identified by number and name, 530
supplies used in such repairs, and the number of hours of labor 531
and costs therefor shall be required for the payment for such 532
repairs. 533
(iii) In-house equipment repairs. Purchases of 534
parts for repairs to equipment, when such repairs are made by 535
personnel of the agency or governing authority; however, entire 536
assemblies, such as engines or transmissions, shall not be 537
included in this exemption when the entire assembly is being 538
replaced instead of being repaired. 539
(iv) Raw gravel or dirt. Raw unprocessed deposits 540
of gravel or fill dirt which are to be removed and transported by 541
the purchaser. 542
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(v) Governmental equipment auctions. Motor 543
vehicles or other equipment purchased from a federal agency or 544
authority, another governing authority or state agency of the 545
State of Mississippi, or any governing authority or state agency 546
of another state at a public auction held for the purpose of 547
disposing of such vehicles or other equipment. Any purchase by a 548
governing authority under the exemption authorized by this 549
subparagraph (v) shall require advance authorization spread upon 550
the minutes of the governing authority to include the listing of 551
the item or items authorized to be purchased and the maximum bid 552
authorized to be paid for each item or items. 553
(vi) Intergovernmental sales and transfers. 554
Purchases, sales, transfers or trades by governing authorities or 555
state agencies when such purchases, sales, transfers or trades are 556
made by a private treaty agreement or through means of 557
negotiation, from any federal agency or authority, another 558
governing authority or state agency of the State of Mississippi, 559
or any state agency or governing authority of another state. 560
Nothing in this section shall permit such purchases through public 561
auction except as provided for in subparagraph (v) of this 562
paragraph (m). It is the intent of this section to allow 563
governmental entities to dispose of and/or purchase commodities 564
from other governmental entities at a price that is agreed to by 565
both parties. This shall allow for purchases and/or sales at 566
prices which may be determined to be below the market value if the 567
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selling entity determines that the sale at below market value is 568
in the best interest of the taxpayers of the state. Governing 569
authorities shall place the terms of the agreement and any 570
justification on the minutes, and state agencies shall obtain 571
approval from the Department of Finance and Administration, prior 572
to releasing or taking possession of the commodities. 573
(vii) Perishable supplies or food. Perishable 574
supplies or food purchased for use in connection with hospitals, 575
the school lunch programs, homemaking programs and for the feeding 576
of county or municipal prisoners. 577
(viii) Single-source items. Noncompetitive items 578
available from one (1) source only. In connection with the 579
purchase of noncompetitive items only available from one (1) 580
source, a certification of the conditions and circumstances 581
requiring the purchase shall be filed by the agency with the 582
Department of Finance and Administration and by the governing 583
authority with the board of the governing authority. Upon receipt 584
of that certification the Department of Finance and Administration 585
or the board of the governing authority, as the case may be, may, 586
in writing, authorize the purchase, which authority shall be noted 587
on the minutes of the body at the next regular meeting thereafter. 588
In those situations, a governing authority is not required to 589
obtain the approval of the Department of Finance and 590
Administration. Following the purchase, the executive head of the 591
state agency, or his designees, shall file with the Department of 592
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Finance and Administration, documentation of the purchase, 593
including a description of the commodity purchased, the purchase 594
price thereof and the source from whom it was purchased. 595
(ix) Waste disposal facility construction 596
contracts. Construction of incinerators and other facilities for 597
disposal of solid wastes in which products either generated 598
therein, such as steam, or recovered therefrom, such as materials 599
for recycling, are to be sold or otherwise disposed of; however, 600
in constructing such facilities, a governing authority or agency 601
shall publicly issue requests for proposals, advertised for in the 602
same manner as provided herein for seeking bids for public 603
construction projects, concerning the design, construction, 604
ownership, operation and/or maintenance of such facilities, 605
wherein such requests for proposals when issued shall contain 606
terms and conditions relating to price, financial responsibility, 607
technology, environmental compatibility, legal responsibilities 608
and such other matters as are determined by the governing 609
authority or agency to be appropriate for inclusion; and after 610
responses to the request for proposals have been duly received, 611
the governing authority or agency may select the most qualified 612
proposal or proposals on the basis of price, technology and other 613
relevant factors and from such proposals, but not limited to the 614
terms thereof, negotiate and enter contracts with one or more of 615
the persons or firms submitting proposals. 616
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(x) Hospital group purchase contracts. Supplies, 617
commodities and equipment purchased by hospitals through group 618
purchase programs pursuant to Section 31-7-38. 619
(xi) Information technology products. Purchases 620
of information technology products made by governing authorities 621
under the provisions of purchase schedules, or contracts executed 622
or approved by the Mississippi Department of Information 623
Technology Services and designated for use by governing 624
authorities. 625
(xii) Energy efficiency services and equipment. 626
Energy efficiency services and equipment acquired by school 627
districts, community and junior colleges, institutions of higher 628
learning and state agencies or other applicable governmental 629
entities on a shared-savings, lease or lease-purchase basis 630
pursuant to Section 31-7-14. 631
(xiii) Municipal electrical utility system fuel. 632
Purchases of coal and/or natural gas by municipally owned electric 633
power generating systems that have the capacity to use both coal 634
and natural gas for the generation of electric power. 635
(xiv) Library books and other reference materials. 636
Purchases by libraries or for libraries of books and periodicals; 637
processed film, videocassette tapes, filmstrips and slides; 638
recorded audiotapes, cassettes and diskettes; and any such items 639
as would be used for teaching, research or other information 640
distribution; however, equipment such as projectors, recorders, 641
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audio or video equipment, and monitor televisions are not exempt 642
under this subparagraph. 643
(xv) Unmarked vehicles. Purchases of unmarked 644
vehicles when such purchases are made in accordance with 645
purchasing regulations adopted by the Department of Finance and 646
Administration pursuant to Section 31-7-9(2). 647
(xvi) Election ballots. Purchases of ballots 648
printed pursuant to Section 23-15-351. 649
(xvii) Multichannel interactive video systems. 650
From and after July 1, 1990, contracts by Mississippi Authority 651
for Educational Television with any private educational 652
institution or private nonprofit organization whose purposes are 653
educational in regard to the construction, purchase, lease or 654
lease-purchase of facilities and equipment and the employment of 655
personnel for providing multichannel interactive video systems 656
(ITSF) in the school districts of this state. 657
(xviii) Purchases of prison industry products by 658
the Department of Corrections, regional correctional facilities or 659
privately owned prisons. Purchases made by the Mississippi 660
Department of Corrections, regional correctional facilities or 661
privately owned prisons involving any item that is manufactured, 662
processed, grown or produced from the state's prison industries. 663
(xix) Undercover operations equipment. Purchases 664
of surveillance equipment or any other high-tech equipment to be 665
used by law enforcement agents in undercover operations, provided 666
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that any such purchase shall be in compliance with regulations 667
established by the Department of Finance and Administration. 668
(xx) Junior college books for rent. Purchases by 669
community or junior colleges of textbooks which are obtained for 670
the purpose of renting such books to students as part of a book 671
service system. 672
(xxi) Certain school district purchases. 673
Purchases of commodities made by school districts from vendors 674
with which any levying authority of the school district, as 675
defined in Section 37-57-1, has contracted through competitive 676
bidding procedures for purchases of the same commodities. 677
(xxii) Garbage, solid waste and sewage contracts. 678
Contracts for garbage collection or disposal, contracts for solid 679
waste collection or disposal and contracts for sewage collection 680
or disposal. 681
(xxiii) Municipal water tank maintenance 682
contracts. Professional maintenance program contracts for the 683
repair or maintenance of municipal water tanks, which provide 684
professional services needed to maintain municipal water storage 685
tanks for a fixed annual fee for a duration of two (2) or more 686
years. 687
(xxiv) Purchases of Mississippi Industries for the 688
Blind products or services. Purchases made by state agencies or 689
governing authorities involving any item that is manufactured, 690
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processed or produced by, or any services provided by, the 691
Mississippi Industries for the Blind. 692
(xxv) Purchases of state-adopted textbooks. 693
Purchases of state-adopted textbooks by public school districts. 694
(xxvi) Certain purchases under the Mississippi 695
Major Economic Impact Act. Contracts entered into pursuant to the 696
provisions of Section 57-75-9(2), (3) and (4). 697
(xxvii) Used heavy or specialized machinery or 698
equipment for installation of soil and water conservation 699
practices purchased at auction. Used heavy or specialized 700
machinery or equipment used for the installation and 701
implementation of soil and water conservation practices or 702
measures purchased subject to the restrictions provided in 703
Sections 69-27-331 through 69-27-341. Any purchase by the State 704
Soil and Water Conservation Commission under the exemption 705
authorized by this subparagraph shall require advance 706
authorization spread upon the minutes of the commission to include 707
the listing of the item or items authorized to be purchased and 708
the maximum bid authorized to be paid for each item or items. 709
(xxviii) Hospital lease of equipment or services. 710
Leases by hospitals of equipment or services if the leases are in 711
compliance with paragraph (l)(ii). 712
(xxix) Purchases made pursuant to qualified 713
cooperative purchasing agreements. Purchases made by certified 714
purchasing offices of state agencies or governing authorities 715
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under cooperative purchasing agreements previously approved by the 716
Office of Purchasing and Travel and established by or for any 717
municipality, county, parish or state government or the federal 718
government, provided that the notification to potential 719
contractors includes a clause that sets forth the availability of 720
the cooperative purchasing agreement to other governmental 721
entities. Such purchases shall only be made if the use of the 722
cooperative purchasing agreements is determined to be in the best 723
interest of the governmental entity. 724
(xxx) School yearbooks. Purchases of school 725
yearbooks by state agencies or governing authorities; however, 726
state agencies and governing authorities shall use for these 727
purchases the RFP process as set forth in the Mississippi 728
Procurement Manual adopted by the Office of Purchasing and Travel. 729
(xxxi) Design-build method of contracting and 730
certain other contracts. Contracts entered into under the 731
provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. 732
(xxxii) Toll roads and bridge construction 733
projects. Contracts entered into under the provisions of Section 734
65-43-1 or 65-43-3. 735
(xxxiii) Certain purchases under Section 57-1-221. 736
Contracts entered into pursuant to the provisions of Section 737
57-1-221. 738
(xxxiv) Certain transfers made pursuant to the 739
provisions of Section 57-105-1(7). Transfers of public property 740
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or facilities under Section 57-105-1(7) and construction related 741
to such public property or facilities. 742
(xxxv) Certain purchases or transfers entered into 743
with local electrical power associations. Contracts or agreements 744
entered into under the provisions of Section 55-3-33. 745
(xxxvi) Certain purchases by an academic medical 746
center or health sciences school. Purchases by an academic 747
medical center or health sciences school, as defined in Section 748
37-115-50, of commodities that are used for clinical purposes and 749
1. intended for use in the diagnosis of disease or other 750
conditions or in the cure, mitigation, treatment or prevention of 751
disease, and 2. medical devices, biological, drugs and 752
radiation-emitting devices as defined by the United States Food 753
and Drug Administration. 754
(xxxvii) Certain purchases made under the Alyce G. 755
Clarke Mississippi Lottery Law. Contracts made by the Mississippi 756
Lottery Corporation pursuant to the Alyce G. Clarke Mississippi 757
Lottery Law. 758
(xxxviii) Certain purchases made by the Department 759
of Health and the Department of Revenue. Purchases made by the 760
Department of Health and the Department of Revenue solely for the 761
purpose of fulfilling their respective responsibilities under the 762
Mississippi Medical Cannabis Act. This subparagraph shall stand 763
repealed on June 30, 2026. 764
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(xxxix) Purchases made by state agencies related 765
to museum exhibits. Purchases made by an agency related to the 766
fabrication, construction, installation or refurbishing of museum 767
exhibits. An agency making a purchase under this exemption in 768
excess of the bid threshold set forth in paragraph (c) of this 769
section shall publicly advertise a Request for Qualifications or 770
Request for Proposals in which price as an evaluation factor is at 771
least twenty percent (20%) out of the one hundred percent (100%) 772
total weight, but shall be otherwise exempt. Any contract arising 773
from a purchase using this exemption must be approved by the 774
Public Procurement Review Board prior to execution by the agency. 775
The agency shall submit a written report on December 1 of each 776
year to the Chairs of the Senate and House Appropriations 777
Committees, the Chairs of the Senate and House Accountability, 778
Efficiency and Transparency Committees and the Chair of the Public 779
Procurement Review Board, identifying all purchases made by the 780
agency using this exemption in which the cost of the option 781
selected by the agency was more than twenty-five percent (25%) 782
higher than the lowest cost option available. 783
(n) Term contract authorization. All contracts for the 784
purchase of: 785
(i) All contracts for the purchase of commodities, 786
equipment and public construction (including, but not limited to, 787
repair and maintenance), may be let for periods of not more than 788
sixty (60) months in advance, subject to applicable statutory 789
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provisions prohibiting the letting of contracts during specified 790
periods near the end of terms of office. Term contracts for a 791
period exceeding twenty-four (24) months shall also be subject to 792
ratification or cancellation by governing authority boards taking 793
office subsequent to the governing authority board entering the 794
contract. 795
(ii) Bid proposals and contracts may include price 796
adjustment clauses with relation to the cost to the contractor 797
based upon a nationally published industry-wide or nationally 798
published and recognized cost index. The cost index used in a 799
price adjustment clause shall be determined by the Department of 800
Finance and Administration for the state agencies and by the 801
governing board for governing authorities. The bid proposal and 802
contract documents utilizing a price adjustment clause shall 803
contain the basis and method of adjusting unit prices for the 804
change in the cost of such commodities, equipment and public 805
construction. 806
(o) Purchase law violation prohibition and vendor 807
penalty. No contract or purchase as herein authorized shall be 808
made for the purpose of circumventing the provisions of this 809
section requiring competitive bids, nor shall it be lawful for any 810
person or concern to submit individual invoices for amounts within 811
those authorized for a contract or purchase where the actual value 812
of the contract or commodity purchased exceeds the authorized 813
amount and the invoices therefor are split so as to appear to be 814
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authorized as purchases for which competitive bids are not 815
required. Submission of such invoices shall constitute a 816
misdemeanor punishable by a fine of not less than Five Hundred 817
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), 818
or by imprisonment for thirty (30) days in the county jail, or 819
both such fine and imprisonment. In addition, the claim or claims 820
submitted shall be forfeited. 821
(p) Electrical utility petroleum-based equipment 822
purchase procedure. When in response to a proper advertisement 823
therefor, no bid firm as to price is submitted to an electric 824
utility for power transformers, distribution transformers, power 825
breakers, reclosers or other articles containing a petroleum 826
product, the electric utility may accept the lowest and best bid 827
therefor although the price is not firm. 828
(q) Fuel management system bidding procedure. Any 829
governing authority or agency of the state shall, before 830
contracting for the services and products of a fuel management or 831
fuel access system, enter into negotiations with not fewer than 832
two (2) sellers of fuel management or fuel access systems for 833
competitive written bids to provide the services and products for 834
the systems. In the event that the governing authority or agency 835
cannot locate two (2) sellers of such systems or cannot obtain 836
bids from two (2) sellers of such systems, it shall show proof 837
that it made a diligent, good-faith effort to locate and negotiate 838
with two (2) sellers of such systems. Such proof shall include, 839
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but not be limited to, publications of a request for proposals and 840
letters soliciting negotiations and bids. For purposes of this 841
paragraph (q), a fuel management or fuel access system is an 842
automated system of acquiring fuel for vehicles as well as 843
management reports detailing fuel use by vehicles and drivers, and 844
the term "competitive written bid" shall have the meaning as 845
defined in paragraph (b) of this section. Governing authorities 846
and agencies shall be exempt from this process when contracting 847
for the services and products of fuel management or fuel access 848
systems under the terms of a state contract established by the 849
Office of Purchasing and Travel. 850
(r) Solid waste contract proposal procedure. Before 851
entering into any contract for garbage collection or disposal, 852
contract for solid waste collection or disposal or contract for 853
sewage collection or disposal, which involves an expenditure of 854
more than Seventy-five Thousand Dollars ($75,000.00), a governing 855
authority or agency shall issue publicly a request for proposals 856
concerning the specifications for such services which shall be 857
advertised for in the same manner as provided in this section for 858
seeking bids for purchases which involve an expenditure of more 859
than the amount provided in paragraph (c) of this section. Any 860
request for proposals when issued shall contain terms and 861
conditions relating to price, financial responsibility, 862
technology, legal responsibilities and other relevant factors as 863
are determined by the governing authority or agency to be 864
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appropriate for inclusion; all factors determined relevant by the 865
governing authority or agency or required by this paragraph (r) 866
shall be duly included in the advertisement to elicit proposals. 867
After responses to the request for proposals have been duly 868
received, the governing authority or agency shall select the most 869
qualified proposal or proposals on the basis of price, technology 870
and other relevant factors and from such proposals, but not 871
limited to the terms thereof, negotiate and enter into contracts 872
with one or more of the persons or firms submitting proposals. If 873
the governing authority or agency deems none of the proposals to 874
be qualified or otherwise acceptable, the request for proposals 875
process may be reinitiated. Notwithstanding any other provisions 876
of this paragraph, where a county with at least thirty-five 877
thousand (35,000) nor more than forty thousand (40,000) 878
population, according to the 1990 federal decennial census, owns 879
or operates a solid waste landfill, the governing authorities of 880
any other county or municipality may contract with the governing 881
authorities of the county owning or operating the landfill, 882
pursuant to a resolution duly adopted and spread upon the minutes 883
of each governing authority involved, for garbage or solid waste 884
collection or disposal services through contract negotiations. 885
(s) Minority set-aside authorization. Notwithstanding 886
any provision of this section to the contrary, any agency or 887
governing authority, by order placed on its minutes, may, in its 888
discretion, set aside not more than twenty percent (20%) of its 889
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anticipated annual expenditures for the purchase of commodities 890
from minority businesses; however, all such set-aside purchases 891
shall comply with all purchasing regulations promulgated by the 892
Department of Finance and Administration and shall be subject to 893
bid requirements under this section. Set-aside purchases for 894
which competitive bids are required shall be made from the lowest 895
and best minority business bidder. For the purposes of this 896
paragraph, the term "minority business" means a business which is 897
owned by a majority of persons who are United States citizens or 898
permanent resident aliens (as defined by the Immigration and 899
Naturalization Service) of the United States, and who are Asian, 900
Black, Hispanic or Native American, according to the following 901
definitions: 902
(i) "Asian" means persons having origins in any of 903
the original people of the Far East, Southeast Asia, the Indian 904
subcontinent, or the Pacific Islands. 905
(ii) "Black" means persons having origins in any 906
black racial group of Africa. 907
(iii) "Hispanic" means persons of Spanish or 908
Portuguese culture with origins in Mexico, South or Central 909
America, or the Caribbean Islands, regardless of race. 910
(iv) "Native American" means persons having 911
origins in any of the original people of North America, including 912
American Indians, Eskimos and Aleuts. 913
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(t) Construction punch list restriction. The 914
architect, engineer or other representative designated by the 915
agency or governing authority that is contracting for public 916
construction or renovation may prepare and submit to the 917
contractor only one (1) preliminary punch list of items that do 918
not meet the contract requirements at the time of substantial 919
completion and one (1) final list immediately before final 920
completion and final payment. 921
(u) Procurement of construction services by state 922
institutions of higher learning. Contracts for privately financed 923
construction of auxiliary facilities on the campus of a state 924
institution of higher learning may be awarded by the Board of 925
Trustees of State Institutions of Higher Learning to the lowest 926
and best bidder, where sealed bids are solicited, or to the 927
offeror whose proposal is determined to represent the best value 928
to the citizens of the State of Mississippi, where requests for 929
proposals are solicited. 930
(v) Insurability of bidders for public construction or 931
other public contracts. In any solicitation for bids to perform 932
public construction or other public contracts to which this 933
section applies, including, but not limited to, contracts for 934
repair and maintenance, for which the contract will require 935
insurance coverage in an amount of not less than One Million 936
Dollars ($1,000,000.00), bidders shall be permitted to either 937
submit proof of current insurance coverage in the specified amount 938
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or demonstrate ability to obtain the required coverage amount of 939
insurance if the contract is awarded to the bidder. Proof of 940
insurance coverage shall be submitted within five (5) business 941
days from bid acceptance. 942
(w) Purchase authorization clarification. Nothing in 943
this section shall be construed as authorizing any purchase not 944
authorized by law. 945
(x) Mississippi Regional Pre-Need Disaster Clean Up 946
Act. (i) The Department of Finance and Administration shall 947
develop and implement a process that creates a preferred vendor 948
list for both disaster debris removal and monitoring. 949
(ii) Any board of supervisors of any county or any 950
governing authority of any municipality may opt in to the benefits 951
and services provided under the appropriate and relevant contract 952
established in subparagraph (i) of this paragraph at the time of a 953
disaster event in that county or municipality. At the time of opt 954
in, the county or municipality shall assume responsibility for 955
payment in full to the contractor for the disaster-related solid 956
waste collection, disposal or monitoring services provided. 957
Nothing in this subparagraph (ii) shall be construed as requiring 958
a county or municipality to opt in to any such contract 959
established in subparagraph (i) of this paragraph. 960
SECTION 2. Section 31-5-37, Mississippi Code of 1972, is 961
amended as follows: 962
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31-5-37. (1) All public works projects utilizing funds 963
received by state or local governmental entities resulting from a 964
federally declared disaster or a spill of national significance, 965
including damages, penalties, fines or supplemental projects paid 966
or financed by responsible parties pursuant to a court order, 967
negotiated settlement, or other instrument, including under any 968
law distributing such fines and penalties including the federal 969
Resources and Ecosystems Sustainability, Tourist Opportunities and 970
Revived Economy of the Gulf Coast Act of 2011 (R.E.S.T.O.R.E.), 971
the Oil Pollution Act of 1990 or the Federal Water Pollution 972
Control Act or similar legislation, shall be subject to the hiring 973
policies established by this section. 974
(2) Contractors submitting bids for public works projects 975
that involve an expenditure of * * * Ten Thousand Dollars 976
($10,000.00) or more and that are financed, in whole or in part, 977
through the use of funds described in subsection (1) of this 978
section shall submit with their bid a certification that they will 979
comply with the provisions of this section if they are awarded a 980
contract. The contractor shall submit to the agency or governing 981
authority that solicited the bid and the Mississippi Department of 982
Employment Security an employment plan within seven (7) days after 983
the award of the contract which shall include the following: 984
(a) The types of jobs involved in the public works 985
project; 986
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(b) The skill level of the jobs involved in the 987
project; 988
(c) Wage information on the jobs involved in the 989
project; 990
(d) The number of vacant positions that the contractor 991
and any subcontractor needs to fill; 992
(e) How the contractor and any subcontractor will 993
recruit, low-wage and unemployed individuals for job vacancies; 994
(f) Such other information as may be required by the 995
Mississippi Department of Employment Security; and 996
(g) Proof of registration with the Mississippi 997
Department of Employment Security for taxation in accordance with 998
the provisions of Title 71. 999
(3) From the date written notice of the contract award is 1000
received and until ten (10) business days after the receipt of the 1001
employment plan by the Mississippi Department of Employment 1002
Security, the contractor and any subcontractor shall not hire any 1003
personnel to fill vacant positions necessary for the public works 1004
project except residents of the State of Mississippi who are to be 1005
verified by the Mississippi Department of Employment Security 1006
and/or those qualified individuals who are submitted by the 1007
Mississippi Department of Employment Security. For purposes of 1008
this subsection, the contractor or subcontractor is authorized to 1009
employ Mississippi residents to begin work immediately, and such 1010
persons are to be verified by the Mississippi Department of 1011
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ST: Public purchasing; increase threshold for
purchase without competitive bidding.
Employment Security after employment by the contractor or 1012
subcontractor. During the ten-day period, the Mississippi 1013
Department of Employment Security shall submit qualified 1014
individuals to the contractor to consider for the vacant 1015
positions. The contractor shall review the individuals submitted 1016
by the department before hiring individuals who are not submitted 1017
by the department. The contract award shall be vacated if the 1018
contractor fails to comply with the provisions of this subsection. 1019
SECTION 3. This act shall take effect and be in force from 1020
and after July 1, 2026. 1021