Office of Workforce Development; extend exemption for Public Procurement Review Board requirements relating to rental agreements and leases.

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To: Workforce Development
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bell (21st)

HOUSE BILL NO. 1588

AN ACT TO AMEND SECTION 37-153-7, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE EXPIRATION DATE ON THE EXEMPTION FOR THE OFFICE OF 2
WORKFORCE DEVELOPMENT FROM THE REQUIREMENTS OF THE PUBLIC 3
PROCUREMENT REVIEW BOARD THAT RELATE TO RENTAL AGREEMENTS, THE 4
LEASING OF REAL PROPERTY AND ADD AN EXEMPTION FOR THE PURCHASE OF 5
PERSONAL OR PROFESSIONAL SERVICES FOR PURPOSES OF CONDUCTING 6
AGENCY BUSINESS; TO BROADEN THE OFFICE'S AUTHORITY TO IMPLEMENT 7
TRAINING PROGRAMS TO CORRECT INTERNAL REFERENCES TO CERTAIN 8
SUBSECTIONS THAT HAVE BEEN RENUMBERED DUE TO AMENDMENTS IN PRIOR 9
YEARS; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, IN 10
CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT AND TO EXTEND 11
THE DATE OF OTHER EXEMPTIONS IN THAT CODE SECTION THAT ARE NOT 12
RELATED TO THE OFFICE OF WORKFORCE DEVELOPMENT BUT THAT ARE ALSO 13
SET TO EXPIRE IN 2026; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 37-153-7, Mississippi Code of 1972, is 16
amended as follows: 17
37-153-7. (1) There is created the Mississippi Office of 18
Workforce Development and the Mississippi State Workforce 19
Investment Board, which shall serve as the advisory board for the 20
office. The Mississippi State Workforce Investment Board shall be 21
composed of thirty-one (31) voting members, of which a majority 22
shall be representatives of business and industry in accordance 23
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with the federal Workforce Innovation and Opportunity Act, or any 24
successive acts. 25
(2) The members of the State Workforce Investment Board 26
shall include: 27
(a) The Governor, or his designee; 28
(b) Nineteen (19) members, appointed by the Governor, 29
of whom: 30
(i) A majority shall be representatives of 31
businesses in the state, who: 32
1. Are owners of businesses, chief executives 33
or operating officers of businesses, or other business executives 34
or employers with optimum policymaking or hiring authority, and 35
who, in addition, may be members of a local board described in 36
Section 3122(b)(2)(A)(i) of the federal Workforce Innovation and 37
Opportunity Act. At least two (2) of the members appointed under 38
this item 1. shall be small business owners, chief executives or 39
operating officers of businesses with less than fifty (50) 40
employees; 41
2. Represent businesses, including small 42
businesses, or organizations representing businesses, which 43
provide employment opportunities that, at a minimum, include 44
high-quality, work-relevant training and development in 45
high-demand industry sectors or occupations in the state; and 46
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3. Are appointed from among individuals 47
nominated by state business organizations and business trade 48
associations; 49
(ii) Not less than twenty percent (20%) shall 50
consist of representatives of the workforce within the state, 51
which: 52
1. Includes labor organization 53
representatives who have been nominated by state labor 54
federations; 55
2. Includes a labor organization member or 56
training director from an apprenticeship program in the state, 57
which shall be a joint labor-management apprenticeship program if 58
such a program exists in the state; 59
3. May include representatives of 60
community-based organizations, including organizations serving 61
veterans or providing or supporting competitive, integrated 62
employment for individuals with disabilities, who have 63
demonstrated experience and expertise in addressing employment, 64
training or education needs of individuals with barriers to 65
employment; and 66
4. May include representatives of 67
organizations, including organizations serving out-of-school 68
youth, who have demonstrated experience or expertise in addressing 69
the employment, training or education needs of eligible youth; 70
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(iii) The balance shall include government 71
representatives, including the lead state officials with primary 72
responsibility for core programs, and chief elected officials 73
(collectively representing both cities and counties, where 74
appropriate); 75
(c) Two (2) representatives of businesses in the state 76
appointed by the Lieutenant Governor; 77
(d) Two (2) representatives of businesses in the state 78
appointed by the Governor from a list of three (3) recommendations 79
from the Speaker of the House; and 80
(e) The following state officials or their designees: 81
(i) The Executive Director of the Mississippi 82
Department of Employment Security; 83
(ii) The Executive Director of the Department of 84
Rehabilitation Services; 85
(iii) The State Superintendent of Public 86
Education; 87
(iv) The Executive Director of the Mississippi 88
Development Authority; 89
(v) The Executive Director of the Mississippi 90
Community College Board; 91
(vi) The President of the Community College 92
Association; and 93
(vii) The Commissioner of Higher Education. 94
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(f) One (1) senator, appointed by the Lieutenant 95
Governor, and one (1) representative, appointed by the Speaker of 96
the House, shall serve on the state board in a nonvoting capacity. 97
(g) The Governor may appoint additional members if 98
required by the federal Workforce Innovation and Opportunity Act, 99
or any successive acts. 100
(h) Members of the board shall serve a term of four (4) 101
years, and shall not serve more than three (3) consecutive terms. 102
(i) The membership of the board shall reflect the 103
diversity of the State of Mississippi. 104
(j) The Governor shall designate the Chairman of the 105
Mississippi State Workforce Investment Board from among the 106
business and industry voting members of the board, and a quorum of 107
the board shall consist of a majority of the voting members of the 108
board. 109
(k) The voting members of the board who are not state 110
employees shall be entitled to reimbursement of their reasonable 111
expenses in the manner and amount specified in Section 25-3-41 and 112
shall be entitled to receive per diem compensation as authorized 113
in Section 25-3-69. 114
(3) Members of the state board may be recalled by their 115
appointing authority for cause, including a felony conviction, 116
fraudulent or dishonest acts or gross abuse of discretion, failure 117
to meet board member qualifications, or chronic failure to attend 118
board meetings. 119
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(4) The Mississippi Department of Employment Security shall 120
establish limits on administrative costs for each portion of 121
Mississippi's workforce development system consistent with the 122
federal Workforce Investment Act or any future federal workforce 123
legislation. 124
(5) The Mississippi State Workforce Investment Board shall 125
have the following duties, which are intended to be consistent 126
with the scope of duties provided in the federal Workforce 127
Innovation and Opportunity Act, amendments and successor 128
legislation to this act, and other relevant federal law: 129
(a) Through the office, develop and submit to the 130
Governor, Lieutenant Governor and Speaker of the House a strategic 131
plan for an integrated state workforce development system that 132
aligns resources and structures the system to more effectively and 133
efficiently meet the demands of Mississippi's employers and job 134
seekers. This plan will comply with the federal Workforce 135
Investment Act of 1998, as amended, the federal Workforce 136
Innovation and Opportunity Act of 2014 and amendments and 137
successor legislation to these acts; 138
(b) Assist the Governor, Lieutenant Governor and 139
Speaker of the House in the development and continuous improvement 140
of the statewide workforce investment system that shall include: 141
(i) Development of linkages in order to assure 142
coordination and nonduplication among programs and activities; and 143
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(ii) Review local workforce development plans that 144
reflect the use of funds from the federal Workforce Investment 145
Act, Workforce Innovation and Opportunity Act, the Wagner-Peyser 146
Act and the amendment or successor legislation to the acts, and 147
the Mississippi Comprehensive Workforce Training and Education 148
Consolidation Act; 149
(c) Recommend to the office the designation of local 150
workforce investment areas as required in Section 116 of the 151
federal Workforce Investment Act of 1998 and the Workforce 152
Innovation and Opportunity Act of 2014. There shall be four (4) 153
workforce investment areas that are generally aligned with the 154
planning and development district structure in Mississippi. 155
Planning and development districts will serve as the fiscal agents 156
to manage Workforce Investment Act funds, oversee and support the 157
local workforce investment boards aligned with the area and the 158
local programs and activities as delivered by the one-stop 159
employment and training system. The planning and development 160
districts will perform this function through the provisions of the 161
county cooperative service districts created under Sections 162
19-3-101 through 19-3-115; however, planning and development 163
districts currently performing this function under the Interlocal 164
Cooperation Act of 1974, Sections 17-13-1 through 17-13-17, may 165
continue to do so; 166
(d) Assist the Governor in the development of an 167
allocation formula for the distribution of funds for adult 168
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employment and training activities and youth activities to local 169
workforce investment areas; 170
(e) Recommend comprehensive, results-oriented measures 171
that shall be applied to all of Mississippi's workforce 172
development system programs; 173
(f) Assist the Governor in the establishment and 174
management of a one-stop employment and training system conforming 175
to the requirements of the federal Workforce Investment Act of 176
1998 and the Workforce Innovation and Opportunity Act of 2014, as 177
amended, recommending policy for implementing the Governor's 178
approved plan for employment and training activities and services 179
within the state. In developing this one-stop career operating 180
system, the Mississippi State Workforce Investment Board, in 181
conjunction with local workforce investment boards, shall: 182
(i) Design broad guidelines for the delivery of 183
workforce development programs; 184
(ii) Identify all existing delivery agencies and 185
other resources; 186
(iii) Define appropriate roles of the various 187
agencies to include an analysis of service providers' strengths 188
and weaknesses; 189
(iv) Determine the best way to utilize the various 190
agencies to deliver services to recipients; and 191
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(v) Develop a financial plan to support the 192
delivery system that shall, at a minimum, include an 193
accountability system; 194
(g) To provide authority, in accordance with any 195
executive order of the Governor, for developing the necessary 196
collaboration among state agencies at the highest level for 197
accomplishing the purposes of this article; 198
(h) To monitor the effectiveness of the workforce 199
development centers and WIN job centers; 200
(i) To advise the Governor, public schools, community 201
and junior colleges and institutions of higher learning on 202
effective school-to-work transition policies and programs that 203
link students moving from high school to higher education and 204
students moving between community colleges and four-year 205
institutions in pursuit of academic and technical skills training; 206
(j) To work with industry to identify barriers that 207
inhibit the delivery of quality workforce education and the 208
responsiveness of educational institutions to the needs of 209
industry; 210
(k) To provide periodic assessments on effectiveness 211
and results of the overall Mississippi comprehensive workforce 212
development system and district councils; 213
(l) Develop broad statewide development goals, 214
including a goal to raise the state's labor force participation 215
rate; 216
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(m) Perform a comprehensive review of Mississippi's 217
workforce development efforts, including the amount spent and 218
effectiveness of programs supported by state or federal money; and 219
(n) To assist the Governor in carrying out any other 220
responsibility required by the federal Workforce Investment Act of 221
1998, as amended, and the Workforce Innovation and Opportunity 222
Act, successor legislation and amendments. 223
(6) The Mississippi State Workforce Investment Board shall 224
coordinate all training programs and funds within its purview, 225
consistent with the federal Workforce Investment Act, Workforce 226
Innovation and Opportunity Act, amendments and successor 227
legislation to these acts, and other relevant federal law. 228
Each state agency director responsible for workforce training 229
activities shall advise the Mississippi Office of Workforce 230
Development and the State Workforce Investment Board of 231
appropriate federal and state requirements. Each state agency, 232
department and institution shall report any monies received for 233
workforce training activities or career and technical education 234
and a detailed itemization of how those monies were spent to the 235
state board. The board shall compile the data and provide a 236
report of the monies and expenditures to the Chairs of the House 237
and Senate Appropriations Committee, the Chair of the House 238
Workforce Development Committee and the Chair of the Senate 239
Economic and Workforce Development Committee by October 1 of each 240
year. Each such state agency director shall remain responsible 241
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for the actions of his agency; however, each state agency and 242
director shall work cooperatively to fulfill the state's goals. 243
(7) The State Workforce Investment Board shall establish an 244
executive committee, which shall consist of the following State 245
Workforce Investment Board members: 246
(a) The Chair of the State Workforce Investment Board; 247
(b) Two (2) business representatives currently serving 248
on the state board selected by the Governor; 249
(c) The two (2) business representatives currently 250
serving on the state board appointed by the Lieutenant Governor; 251
(d) The two (2) business representatives currently 252
serving on the state board appointed by the Governor from a list 253
of three (3) recommendations from the Speaker of the House; 254
(e) The two (2) legislators, who shall serve in a 255
nonvoting capacity, one (1) of whom shall be appointed by the 256
Lieutenant Governor from the membership of the Mississippi Senate 257
and one (1) of whom shall be appointed by the Speaker of the House 258
of Representatives from the membership of the Mississippi House of 259
Representatives. 260
(8) The executive committee shall select an executive 261
director of the Office of Workforce Development, with the advice 262
and consent of a majority of the State Workforce Investment Board. 263
The executive committee shall seek input from economic development 264
organizations across the state when selecting the executive 265
director. The executive director shall: 266
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(a) Be a person with extensive experience in 267
development of economic, human and physical resources, and 268
promotion of industrial and commercial development. The executive 269
director shall have a bachelor's degree from a state-accredited 270
institution and no less than eight (8) years of professional 271
experience related to workforce or economic development; 272
(b) Perform the functions necessary for the daily 273
operation and administration of the office, with oversight from 274
the executive committee and the State Workforce Investment Board, 275
to fulfill the duties of the state board as described in Chapter 276
476, Laws of 2020; 277
(c) Hire staff needed for the performance of his or her 278
duties under Chapter 476, Laws of 2020. The executive director, 279
with approval from the executive committee, shall set the 280
compensation of any hired employees from any funds made available 281
for that purpose; 282
(d) Enter any part of the Mississippi Community College 283
Board, individual community and junior colleges, or other 284
workforce training facilities operated by the state or its 285
subdivisions; 286
(e) Serve at the will and pleasure of the executive 287
committee; 288
(f) Promulgate rules and regulations, subject to 289
oversight by the executive committee, not inconsistent with this 290
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article, as may be necessary to enforce the provisions in Chapter 291
476, Laws of 2020; and 292
(g) Perform any other actions he or she, in 293
consultation with the executive committee, deems necessary to 294
fulfill the duties under Chapter 476, Laws of 2020. 295
(9) The office shall file an annual and a quarterly report 296
with the Governor, Secretary of State, President of the Senate, 297
Speaker of the House, Chairman of the House Workforce Development 298
Committee and Chairman of the Senate Economic and Workforce 299
Development Committee. The annual report shall be filed not later 300
than October 1 of each year regarding all funds approved by the 301
office to be expended on workforce training during the prior 302
calendar year. The quarterly and annual reports shall include: 303
(a) Information on the performance of the Mississippi 304
Workforce Enhancement Training Fund and the Mississippi Works 305
Fund, in terms of adding value to the local and state economy, the 306
contribution to future growth of the state economy, and movement 307
toward state goals, including increasing the labor force 308
participation rate; 309
(b) With respect to specific workforce training 310
projects: 311
(i) The location of the training; 312
(ii) The amount allocated to the project; 313
(iii) The purpose of the project; 314
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(iv) The specific business entity that is the 315
beneficiary of the project; 316
(v) The number of employees intended to be trained 317
and actually trained, if applicable, in the course of the project; 318
and 319
(vi) The types of funds used for the project; 320
(c) With respect to the grants that have been awarded 321
under the Mississippi K-12 Workforce Development Grant Program 322
created in Section 37-153-221: 323
(i) The entity that was awarded the grant; 324
(ii) The amount allocated to the grant; 325
(iii) The purpose of the grant; 326
(iv) How the grant has been used since it was 327
awarded; and 328
(d) With respect to the office's authority to select 329
tools and resources, including necessary online platforms and 330
similar systems in furtherance of the mission of the office: 331
(i) The policies that the office has adopted or 332
amended on the process for the selection of tools and resources, 333
including necessary online platforms and similar systems in 334
furtherance of the mission of the office; 335
(ii) The eligible entities that the office 336
determined may provide services, such as companies, nonprofit 337
organizations, or other similar groups; 338
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(iii) Any tools and resources, including necessary 339
online platforms and similar systems in furtherance of the mission 340
of the office, that have been selected by the office; and 341
(iv) What entity received the benefit of the tools 342
and resources that were selected. 343
(e) All information concerning a proposed project which 344
is provided to the executive director shall be kept confidential. 345
Except as provided in subsections (12) and (13) * * *, such 346
confidentiality shall not limit disclosure under the Mississippi 347
Public Records Act of 1983 of records describing the nature, 348
quantity, cost or other pertinent information related to the 349
activities of, or services performed using, the Mississippi 350
Workforce Enhancement Training Fund or the Mississippi Works Fund. 351
(10) In addition to other powers and duties provided in this 352
section, the Office of Workforce Development shall also have the 353
following powers and duties: 354
(a) Direct access to accounting and banking statements 355
for all funds under its direction to ensure accurate and efficient 356
management of funds and to improve internal control; 357
(b) The ability to enter into nondisclosure agreements 358
to effectively support economic development activities and the 359
proprietary nature of customized training for existing and new 360
industry; 361
(c) To adopt and promulgate such rules and regulations 362
as may be necessary or desirable for the purpose of implementing 363
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the Mississippi K-12 Workforce Development Grant Program created 364
in Section 37-153-221; 365
(d) To receive contributions, donations, gifts, 366
bequests of money, other forms of financial assistance and 367
property, equipment, materials or manpower from persons, 368
foundations, trust funds, corporations, organizations and other 369
sources, public or private, made to the office, and may expend or 370
use the same in accordance with the conditions prescribed by the 371
donor, provided that no such condition is contrary to any 372
provision of law; 373
(e) To contract with state agencies, governing 374
authorities or economic and workforce development entities for 375
shared programmatic efforts and support service or joint 376
employment of personnel in order to further the office's purposes; 377
(f) To determine, subject to appropriation, the need 378
for and, if desired, the selection of tools and resources, 379
including necessary online platforms and similar systems in 380
furtherance of the mission of the office, through processes 381
established in policies adopted by the office that are deemed to 382
be practical, feasible and in the public interest. These 383
processes shall outline eligible entities that may provide such 384
services, such as companies, nonprofit organizations, or other 385
similar groups and shall ensure the office determines metrics for 386
success, including deliverables as required by the office; 387
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(g) To implement the career coaching program provided 388
for in Section 37-73-3; 389
(h) To provide career coaches with access to technology 390
to develop customized career pathways and connect students with 391
postsecondary and employment opportunities matching their skills 392
and interests; and 393
(i) To implement and oversee training programs * * * 394
for * * * needs that may arise when new businesses locate in 395
Mississippi, to include providing support to existing industries 396
that may lose employees as a result of the new business. 397
Through December 31, * * * 2029, the provisions of Section 398
27-104-7 related to rental agreements or leasing of real property 399
for the purpose of conducting agency business shall not apply to 400
the office. 401
(11) Nothing in Chapter 476, Laws of 2020 [Senate Bill No. 402
2564] shall void or otherwise interrupt any contract, lease, grant 403
or other agreement previously entered into by the State Workforce 404
Investment Board, Mississippi Community College Board, individual 405
community or junior colleges, or other entities. 406
(12) Any records of the office which contain client 407
information from the Mississippi Development Authority or local 408
economic development entities concerning development projects 409
shall be exempt from the provisions of the Mississippi Public 410
Records Act of 1983 for a period of two (2) years after receipt of 411
the information by the office. Confidential client information as 412
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described in this section shall not include the information which 413
must be disclosed by the certified applicant related to a 414
qualified economic development project in the annual report 415
described in Section 57-1-759. 416
(13) Confidential client information in public records held 417
by the office shall be exempt from the provisions of the 418
Mississippi Public Records Act of 1983 during any period of review 419
and negotiation on a project proposal facilitated by the 420
Mississippi Development Authority or local economic development 421
entities and for a period of thirty (30) days after approval, 422
disapproval or abandonment of the proposal not to exceed one (1) 423
year. 424
SECTION 2. Section 27-104-7, Mississippi Code of 1972, is 425
amended as follows: 426
27-104-7. (1) (a) There is created the Public Procurement 427
Review Board, which shall be reconstituted on January 1, 2018, and 428
shall be composed of the following members: 429
(i) Three (3) individuals appointed by the 430
Governor with the advice and consent of the Senate; 431
(ii) Two (2) individuals appointed by the 432
Lieutenant Governor with the advice and consent of the Senate; and 433
(iii) The Executive Director of the Department of 434
Finance and Administration, serving as an ex officio and nonvoting 435
member. 436
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(b) The initial terms of each appointee shall be as 437
follows: 438
(i) One (1) member appointed by the Governor to 439
serve for a term ending on June 30, 2019; 440
(ii) One (1) member appointed by the Governor to 441
serve for a term ending on June 30, 2020; 442
(iii) One (1) member appointed by the Governor to 443
serve for a term ending on June 30, 2021; 444
(iv) One (1) member appointed by the Lieutenant 445
Governor to serve for a term ending on June 30, 2019; and 446
(v) One (1) member appointed by the Lieutenant 447
Governor to serve for a term ending on June 30, 2020. 448
After the expiration of the initial terms, all appointed 449
members' terms shall be for a period of four (4) years from the 450
expiration date of the previous term, and until such time as the 451
member's successor is duly appointed and qualified. 452
(c) When appointing members to the Public Procurement 453
Review Board, the Governor and Lieutenant Governor shall take into 454
consideration persons who possess at least five (5) years of 455
management experience in general business, health care or finance 456
for an organization, corporation or other public or private 457
entity. Any person, or any employee or owner of a company, who 458
receives any grants, procurements or contracts that are subject to 459
approval under this section shall not be appointed to the Public 460
Procurement Review Board. Any person, or any employee or owner of 461
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a company, who is a principal of the source providing a personal 462
or professional service shall not be appointed to the Public 463
Procurement Review Board if the principal owns or controls a 464
greater than five percent (5%) interest or has an ownership value 465
of One Million Dollars ($1,000,000.00) in the source's business, 466
whichever is smaller. No member shall be an officer or employee 467
of the State of Mississippi while serving as a voting member on 468
the Public Procurement Review Board. 469
(d) Members of the Public Procurement Review Board 470
shall be entitled to per diem as authorized by Section 25-3-69 and 471
travel reimbursement as authorized by Section 25-3-41. 472
(e) The members of the Public Procurement Review Board 473
shall elect a chair from among the membership, and he or she shall 474
preside over the meetings of the board. The board shall annually 475
elect a vice chair, who shall serve in the absence of the chair. 476
No business shall be transacted, including adoption of rules of 477
procedure, without the presence of a quorum of the board. Three 478
(3) members shall be a quorum. No action shall be valid unless 479
approved by a majority of the members present and voting, entered 480
upon the minutes of the board and signed by the chair. Necessary 481
clerical and administrative support for the board shall be 482
provided by the Department of Finance and Administration. Minutes 483
shall be kept of the proceedings of each meeting, copies of which 484
shall be filed on a monthly basis with the chairs of the 485
Accountability, Efficiency and Transparency Committees of the 486
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Senate and House of Representatives and the chairs of the 487
Appropriations Committees of the Senate and House of 488
Representatives. 489
(2) The Public Procurement Review Board shall have the 490
following powers and responsibilities: 491
(a) Approve all purchasing regulations governing the 492
purchase or lease by any agency, as defined in Section 31-7-1, of 493
commodities and equipment, except computer equipment acquired 494
pursuant to Sections 25-53-1 through 25-53-29; 495
(b) Adopt regulations governing the approval of 496
contracts let for the construction and maintenance of state 497
buildings and other state facilities as well as related contracts 498
for architectural and engineering services. 499
The provisions of this paragraph (b) shall not apply to such 500
contracts involving buildings and other facilities of state 501
institutions of higher learning which are self-administered as 502
provided under this paragraph (b) or Section 37-101-15(m); 503
(c) Adopt regulations governing any lease or rental 504
agreement by any state agency or department, including any state 505
agency financed entirely by federal funds, for space outside the 506
buildings under the jurisdiction of the Department of Finance and 507
Administration. These regulations shall require each agency 508
requesting to lease such space to provide the following 509
information that shall be published by the Department of Finance 510
and Administration on its website: the agency to lease the space; 511
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the terms of the lease; the approximate square feet to be leased; 512
the use for the space; a description of a suitable space; the 513
general location desired for the leased space; the contact 514
information for a person from the agency; the deadline date for 515
the agency to have received a lease proposal; any other specific 516
terms or conditions of the agency; and any other information 517
deemed appropriate by the Division of Real Property Management of 518
the Department of Finance and Administration or the Public 519
Procurement Review Board. The information shall be provided 520
sufficiently in advance of the time the space is needed to allow 521
the Division of Real Property Management of the Department of 522
Finance and Administration to review and preapprove the lease 523
before the time for advertisement begins; 524
(d) Adopt, in its discretion, regulations to set aside 525
at least five percent (5%) of anticipated annual expenditures for 526
the purchase of commodities from minority businesses; however, all 527
such set-aside purchases shall comply with all purchasing 528
regulations promulgated by the department and shall be subject to 529
all bid requirements. Set-aside purchases for which competitive 530
bids are required shall be made from the lowest and best minority 531
business bidder; however, if no minority bid is available or if 532
the minority bid is more than two percent (2%) higher than the 533
lowest bid, then bids shall be accepted and awarded to the lowest 534
and best bidder. However, the provisions in this paragraph shall 535
not be construed to prohibit the rejection of a bid when only one 536
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(1) bid is received. Such rejection shall be placed in the 537
minutes. For the purposes of this paragraph, the term "minority 538
business" means a business which is owned by a person who is a 539
citizen or lawful permanent resident of the United States and who 540
is: 541
(i) Black: having origins in any of the black 542
racial groups of Africa; 543
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 544
Central or South American, or other Spanish or Portuguese culture 545
or origin regardless of race; 546
(iii) Asian-American: having origins in any of 547
the original people of the Far East, Southeast Asia, the Indian 548
subcontinent, or the Pacific Islands; 549
(iv) American Indian or Alaskan Native: having 550
origins in any of the original people of North America; or 551
(v) Female; 552
(e) In consultation with and approval by the Chairs of 553
the Senate and House Public Property Committees, approve leases, 554
for a term not to exceed eighteen (18) months, entered into by 555
state agencies for the purpose of providing parking arrangements 556
for state employees who work in the Woolfolk Building, the Carroll 557
Gartin Justice Building or the Walter Sillers Office Building; 558
(f) (i) Except as otherwise provided in subparagraph 559
(ii) of this paragraph, promulgate rules and regulations governing 560
the solicitation and selection of contractual services personnel, 561
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including personal and professional services contracts for any 562
form of consulting, policy analysis, public relations, marketing, 563
public affairs, legislative advocacy services or any other 564
contract that the board deems appropriate for oversight, with the 565
exception of: 566
1. Any personal service contracts entered 567
into by any agency that employs only nonstate service employees as 568
defined in Section 25-9-107(c); 569
2. Any personal service contracts entered 570
into for computer or information technology-related services 571
governed by the Mississippi Department of Information Technology 572
Services; 573
3. Any personal service contracts entered 574
into by the individual state institutions of higher learning; 575
4. Any personal service contracts entered 576
into by the Mississippi Department of Transportation; 577
5. Any personal service contracts entered 578
into by the Department of Human Services through June 30, 2019, 579
which the Executive Director of the Department of Human Services 580
determines would be useful in establishing and operating the 581
Department of Child Protection Services; 582
6. Any personal service contracts entered 583
into by the Department of Child Protection Services through June 584
30, 2019; 585
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7. Any contracts for entertainers and/or 586
performers at the Mississippi State Fairgrounds entered into by 587
the Mississippi Fair Commission; 588
8. Any contracts entered into by the 589
Department of Finance and Administration when procuring aircraft 590
maintenance, parts, equipment and/or services; 591
9. Any contract entered into by the 592
Department of Public Safety for service on specialized equipment 593
and/or software required for the operation of such specialized 594
equipment for use by the Office of Forensics Laboratories; 595
10. Any personal or professional service 596
contract entered into by the Mississippi Department of Health or 597
the Department of Revenue solely in connection with their 598
respective responsibilities under the Mississippi Medical Cannabis 599
Act from February 2, 2022, through June 30, * * * 2029; 600
11. Any contract for attorney, accountant, 601
actuary auditor, architect, engineer, anatomical pathologist, or 602
utility rate expert services; 603
12. Any personal service contracts approved 604
by the Executive Director of the Department of Finance and 605
Administration and entered into by the Coordinator of Mental 606
Health Accessibility through June 30, 2022; 607
13. Any personal or professional services 608
contract entered into by the State Department of Health in 609
carrying out its responsibilities under the ARPA Rural Water 610
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Associations Infrastructure Grant Program through June 30, * * * 611
2029; 612
14. And any personal or professional services 613
contract entered into by the Mississippi Department of 614
Environmental Quality in carrying out its responsibilities under 615
the Mississippi Municipality and County Water Infrastructure Grant 616
Program Act of 2022, through June 30, * * * 2029; 617
15. Any personal or professional services 618
contract entered into by an agency for the design, operation or 619
maintenance of museum exhibits. An agency making a purchase under 620
this exemption shall publicly advertise a Request for 621
Qualifications but shall be otherwise exempt. Any contracts 622
arising from the use of this exemption must be approved by the 623
Public Procurement Review Board prior to execution by the agency; 624
16. Any personal or professional services 625
contract entered into by the Mississippi Department of 626
Environmental Quality in carrying out its responsibilities under 627
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 628
2028; * * * 629
17. Any contract entered into by the State 630
Department of Health for service on specialized equipment and/or 631
software required for the operation of such specialized equipment 632
for the use by the Public Health Laboratory * * *; and 633
18. Any personal or professional services 634
entered into by the Mississippi Office of Workforce Development 635
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for the purpose of conducting agency business through December 31, 636
2029. 637
Any such rules and regulations shall provide for maintaining 638
continuous internal audit covering the activities of such agency 639
affecting its revenue and expenditures as required under Section 640
7-7-3(6)(d). Any rules and regulation changes related to personal 641
and professional services contracts that the Public Procurement 642
Review Board may propose shall be submitted to the Chairs of the 643
Accountability, Efficiency and Transparency Committees of the 644
Senate and House of Representatives and the Chairs of the 645
Appropriation Committees of the Senate and House of 646
Representatives at least fifteen (15) days before the board votes 647
on the proposed changes, and those rules and regulation changes, 648
if adopted, shall be promulgated in accordance with the 649
Mississippi Administrative Procedures Act. 650
(ii) From and after July 1, 2024, the Public 651
Procurement Review Board shall promulgate rules and regulations 652
that require the Department of Finance and Administration to 653
conduct personal and professional services solicitations as 654
provided in subparagraph (i) of this paragraph for those services 655
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 656
Department of Marine Resources, the Department of Wildlife, 657
Fisheries and Parks, the Mississippi Emergency Management Agency 658
and the Mississippi Development Authority, with assistance to be 659
provided from these entities. Any powers that have been conferred 660
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upon agencies in order to comply with the provisions of this 661
section for personal and professional services solicitations shall 662
be conferred upon the Department of Finance and Administration to 663
conduct personal and professional services solicitations for the 664
Department of Marine Resources, the Department of Wildlife, 665
Fisheries and Parks, the Mississippi Emergency Management Agency 666
and the Mississippi Development Authority for those services in 667
excess of Seventy-five Thousand Dollars ($75,000.00). The 668
Department of Finance and Administration shall make any 669
submissions that are required to be made by other agencies to the 670
Public Procurement Review Board for the Department of Marine 671
Resources, the Department of Wildlife, Fisheries and Parks, the 672
Mississippi Emergency Management Agency and the Mississippi 673
Development Authority. 674
The provisions of this subparagraph (ii) shall stand repealed 675
on June 30, 2027; 676
(g) Approve all personal and professional services 677
contracts involving the expenditures of funds in excess of 678
Seventy-five Thousand Dollars ($75,000.00), except as provided in 679
paragraph (f) of this subsection (2) and in subsection (8); 680
(h) Develop mandatory standards with respect to 681
contractual services personnel that require invitations for public 682
bid, requests for proposals, record keeping and financial 683
responsibility of contractors. The Public Procurement Review 684
Board shall, unless exempted under this paragraph (h) or under 685
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paragraph (i) or (o) of this subsection (2), require the agency 686
involved to submit the procurement to a competitive procurement 687
process, and may reserve the right to reject any or all resulting 688
procurements; 689
(i) Prescribe certain circumstances by which agency 690
heads may enter into contracts for personal and professional 691
services without receiving prior approval from the Public 692
Procurement Review Board. The Public Procurement Review Board may 693
establish a preapproved list of providers of various personal and 694
professional services for set prices with which state agencies may 695
contract without bidding or prior approval from the board; 696
(i) Agency requirements may be fulfilled by 697
procuring services performed incident to the state's own programs. 698
The agency head shall determine in writing whether the price 699
represents a fair market value for the services. When the 700
procurements are made from other governmental entities, the 701
private sector need not be solicited; however, these contracts 702
shall still be submitted for approval to the Public Procurement 703
Review Board. 704
(ii) Contracts between two (2) state agencies, 705
both under Public Procurement Review Board purview, shall not 706
require Public Procurement Review Board approval. However, the 707
contracts shall still be entered into the enterprise resource 708
planning system; 709
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(j) Provide standards for the issuance of requests for 710
proposals, the evaluation of proposals received, consideration of 711
costs and quality of services proposed, contract negotiations, the 712
administrative monitoring of contract performance by the agency 713
and successful steps in terminating a contract; 714
(k) Present recommendations for governmental 715
privatization and to evaluate privatization proposals submitted by 716
any state agency; 717
(l) Authorize personal and professional service 718
contracts to be effective for more than one (1) year provided a 719
funding condition is included in any such multiple year contract, 720
except the State Board of Education, which shall have the 721
authority to enter into contractual agreements for student 722
assessment for a period up to ten (10) years. The State Board of 723
Education shall procure these services in accordance with the 724
Public Procurement Review Board procurement regulations; 725
(m) Request the State Auditor to conduct a performance 726
audit on any personal or professional service contract; 727
(n) Prepare an annual report to the Legislature 728
concerning the issuance of personal and professional services 729
contracts during the previous year, collecting any necessary 730
information from state agencies in making such report; 731
(o) Develop and implement the following standards and 732
procedures for the approval of any sole source contract for 733
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personal and professional services regardless of the value of the 734
procurement: 735
(i) For the purposes of this paragraph (o), the 736
term "sole source" means only one (1) source is available that can 737
provide the required personal or professional service. 738
(ii) An agency that has been issued a binding, 739
valid court order mandating that a particular source or provider 740
must be used for the required service must include a copy of the 741
applicable court order in all future sole source contract reviews 742
for the particular personal or professional service referenced in 743
the court order. 744
(iii) Any agency alleging to have a sole source 745
for any personal or professional service, other than those 746
exempted under paragraph (f) of this subsection (2) and subsection 747
(8), shall publish on the procurement portal website established 748
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 749
days, the terms of the proposed contract for those services. In 750
addition, the publication shall include, but is not limited to, 751
the following information: 752
1. The personal or professional service 753
offered in the contract; 754
2. An explanation of why the personal or 755
professional service is the only one that can meet the needs of 756
the agency; 757
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3. An explanation of why the source is the 758
only person or entity that can provide the required personal or 759
professional service; 760
4. An explanation of why the amount to be 761
expended for the personal or professional service is reasonable; 762
and 763
5. The efforts that the agency went through 764
to obtain the best possible price for the personal or professional 765
service. 766
(iv) If any person or entity objects and proposes 767
that the personal or professional service published under 768
subparagraph (iii) of this paragraph (o) is not a sole source 769
service and can be provided by another person or entity, then the 770
objecting person or entity shall notify the Public Procurement 771
Review Board and the agency that published the proposed sole 772
source contract with a detailed explanation of why the personal or 773
professional service is not a sole source service. 774
(v) 1. If the agency determines after review that 775
the personal or professional service in the proposed sole source 776
contract can be provided by another person or entity, then the 777
agency must withdraw the sole source contract publication from the 778
procurement portal website and submit the procurement of the 779
personal or professional service to an advertised competitive bid 780
or selection process. 781
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2. If the agency determines after review that 782
there is only one (1) source for the required personal or 783
professional service, then the agency may appeal to the Public 784
Procurement Review Board. The agency has the burden of proving 785
that the personal or professional service is only provided by one 786
(1) source. 787
3. If the Public Procurement Review Board has 788
any reasonable doubt as to whether the personal or professional 789
service can only be provided by one (1) source, then the agency 790
must submit the procurement of the personal or professional 791
service to an advertised competitive bid or selection process. No 792
action taken by the Public Procurement Review Board in this appeal 793
process shall be valid unless approved by a majority of the 794
members of the Public Procurement Review Board present and voting. 795
(vi) The Public Procurement Review Board shall 796
prepare and submit a quarterly report to the House of 797
Representatives and Senate Accountability, Efficiency and 798
Transparency Committees that details the sole source contracts 799
presented to the Public Procurement Review Board and the reasons 800
that the Public Procurement Review Board approved or rejected each 801
contract. These quarterly reports shall also include the 802
documentation and memoranda required in subsection (4) of this 803
section. An agency that submitted a sole source contract shall be 804
prepared to explain the sole source contract to each committee by 805
December 15 of each year upon request by the committee; 806
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(p) Assess any fines and administrative penalties 807
provided for in Sections 31-7-401 through 31-7-423. 808
(3) All submissions shall be made sufficiently in advance of 809
each monthly meeting of the Public Procurement Review Board as 810
prescribed by the Public Procurement Review Board. If the Public 811
Procurement Review Board rejects any contract submitted for review 812
or approval, the Public Procurement Review Board shall clearly set 813
out the reasons for its action, including, but not limited to, the 814
policy that the agency has violated in its submitted contract and 815
any corrective actions that the agency may take to amend the 816
contract to comply with the rules and regulations of the Public 817
Procurement Review Board. 818
(4) All sole source contracts for personal and professional 819
services awarded by state agencies, other than those exempted 820
under Section 27-104-7(2)(f) and (8), whether approved by an 821
agency head or the Public Procurement Review Board, shall contain 822
in the procurement file a written determination for the approval, 823
using a request form furnished by the Public Procurement Review 824
Board. The written determination shall document the basis for the 825
determination, including any market analysis conducted in order to 826
ensure that the service required was practicably available from 827
only one (1) source. A memorandum shall accompany the request 828
form and address the following four (4) points: 829
(a) Explanation of why this service is the only service 830
that can meet the needs of the purchasing agency; 831
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(b) Explanation of why this vendor is the only 832
practicably available source from which to obtain this service; 833
(c) Explanation of why the price is considered 834
reasonable; and 835
(d) Description of the efforts that were made to 836
conduct a noncompetitive negotiation to get the best possible 837
price for the taxpayers. 838
(5) In conjunction with the State Personnel Board, the 839
Public Procurement Review Board shall develop and promulgate rules 840
and regulations to define the allowable legal relationship between 841
contract employees and the contracting departments, agencies and 842
institutions of state government under the jurisdiction of the 843
State Personnel Board, in compliance with the applicable rules and 844
regulations of the federal Internal Revenue Service (IRS) for 845
federal employment tax purposes. Under these regulations, the 846
usual common law rules are applicable to determine and require 847
that such worker is an independent contractor and not an employee, 848
requiring evidence of lawful behavioral control, lawful financial 849
control and lawful relationship of the parties. Any state 850
department, agency or institution shall only be authorized to 851
contract for personnel services in compliance with those 852
regulations. 853
(6) No member of the Public Procurement Review Board shall 854
use his or her official authority or influence to coerce, by 855
threat of discharge from employment, or otherwise, the purchase of 856
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ST: Office of Workforce Development; extend
exemption for Public Procurement Review Board
requirements relating to rental agreements and
leases.
commodities, the contracting for personal or professional 857
services, or the contracting for public construction under this 858
chapter. 859
(7) Notwithstanding any other laws or rules to the contrary, 860
the provisions of subsection (2) of this section shall not be 861
applicable to the Mississippi State Port Authority at Gulfport. 862
(8) Nothing in this section shall impair or limit the 863
authority of the Board of Trustees of the Public Employees' 864
Retirement System to enter into any personal or professional 865
services contracts directly related to their constitutional 866
obligation to manage the trust funds, including, but not limited 867
to, actuarial, custodial banks, cash management, investment 868
consultant and investment management contracts. Nothing in this 869
section shall impair or limit the authority of the State Treasurer 870
to enter into any personal or professional services contracts 871
involving the management of trust funds, including, but not 872
limited to, actuarial, custodial banks, cash management, 873
investment consultant and investment management contracts. 874
(9) Through December 31, * * * 2029, the provisions of this 875
section related to rental agreements * * *, leasing of real 876
property for the purpose of conducting agency business shall not 877
apply to the Office of Workforce Development created in Section 878
37-153-7. 879
SECTION 3. This act shall take effect and be in force from 880
and after July 1, 2026. 881