Office of Workforce Development; extend exemption from 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 Shanks

HOUSE BILL NO. 931

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