Public contracts; prohibit preferential treatment based on race, ethnicity or sex.

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

By: Senator(s) Hill

SENATE BILL NO. 2250

AN ACT TO PROHIBIT STATE, COUNTY AND MUNICIPAL AGENCIES, 1
DEPARTMENTS, INSTITUTIONS OR OFFICES, OR THEIR POLITICAL 2
SUBDIVISIONS, FROM ENTERING INTO MINORITY SET-ASIDE CONTRACTS OR 3
FROM PROVIDING MINORITY BUSINESSES WITH PREFERENTIAL TREATMENT 4
WITH PUBLIC CONTRACTS AND PURCHASES ON THE BASIS OF RACE, 5
ETHNICITY OR SEX; TO AMEND SECTIONS 27-104-7, 31-7-13, 57-69-5, 6
57-69-9, 57-75-9, 57-75-11 AND 57-75-21, MISSISSIPPI CODE OF 1972, 7
TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) Not withstanding any federal law to the 10
contrary, from and after the effective date of this act, the 11
governing authority of any state, county or municipal agencies, 12
departments, institutions or offices, and its political 13
subdivisions, are prohibited from entering into a minority 14
set-aside contract with a minority business or from providing 15
minority businesses with preferential treatment in regards to 16
public contracts and purchases, on the basis of race, ethnicity or 17
sex of the business owner or owners. 18
(2) As used in this section, "minority business" means a 19
business which is owned by a person or a majority of persons who 20
are United States citizens or permanent resident aliens (as 21
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defined by the Immigration and Naturalization Service) of the 22
United States, and who are classified as a minority. For the 23
purpose of this section, "minority" means a person who is a 24
citizen or lawful permanent resident of the United States and who 25
is: 26
(a) African American or Black: having origins in any 27
of the black racial groups of Africa; 28
(b) Hispanic or Latino: of Mexican, Puerto Rican, 29
Cuban, Central or South American, or other Spanish or Portuguese 30
culture or origin regardless of race; 31
(c) Asian: having origins in any of the original 32
peoples of the Far East, Southeast Asia, the Indian subcontinent, 33
or the Pacific Islands; 34
(d) American Indian or Alaskan Native: having origins 35
in any of the original peoples of North America; and/or 36
(e) Female. 37
SECTION 2. Section 27-104-7, Mississippi Code of 1972, is 38
amended as follows: 39
27-104-7. (1) (a) There is created the Public Procurement 40
Review Board, which shall be reconstituted on January 1, 2018, and 41
shall be composed of the following members: 42
(i) Three (3) individuals appointed by the 43
Governor with the advice and consent of the Senate; 44
(ii) Two (2) individuals appointed by the 45
Lieutenant Governor with the advice and consent of the Senate; and 46
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(iii) The Executive Director of the Department of 47
Finance and Administration, serving as an ex officio and nonvoting 48
member. 49
(b) The initial terms of each appointee shall be as 50
follows: 51
(i) One (1) member appointed by the Governor to 52
serve for a term ending on June 30, 2019; 53
(ii) One (1) member appointed by the Governor to 54
serve for a term ending on June 30, 2020; 55
(iii) One (1) member appointed by the Governor to 56
serve for a term ending on June 30, 2021; 57
(iv) One (1) member appointed by the Lieutenant 58
Governor to serve for a term ending on June 30, 2019; and 59
(v) One (1) member appointed by the Lieutenant 60
Governor to serve for a term ending on June 30, 2020. 61
After the expiration of the initial terms, all appointed 62
members' terms shall be for a period of four (4) years from the 63
expiration date of the previous term, and until such time as the 64
member's successor is duly appointed and qualified. 65
(c) When appointing members to the Public Procurement 66
Review Board, the Governor and Lieutenant Governor shall take into 67
consideration persons who possess at least five (5) years of 68
management experience in general business, health care or finance 69
for an organization, corporation or other public or private 70
entity. Any person, or any employee or owner of a company, who 71
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receives any grants, procurements or contracts that are subject to 72
approval under this section shall not be appointed to the Public 73
Procurement Review Board. Any person, or any employee or owner of 74
a company, who is a principal of the source providing a personal 75
or professional service shall not be appointed to the Public 76
Procurement Review Board if the principal owns or controls a 77
greater than five percent (5%) interest or has an ownership value 78
of One Million Dollars ($1,000,000.00) in the source's business, 79
whichever is smaller. No member shall be an officer or employee 80
of the State of Mississippi while serving as a voting member on 81
the Public Procurement Review Board. 82
(d) Members of the Public Procurement Review Board 83
shall be entitled to per diem as authorized by Section 25-3-69 and 84
travel reimbursement as authorized by Section 25-3-41. 85
(e) The members of the Public Procurement Review Board 86
shall elect a chair from among the membership, and he or she shall 87
preside over the meetings of the board. The board shall annually 88
elect a vice chair, who shall serve in the absence of the chair. 89
No business shall be transacted, including adoption of rules of 90
procedure, without the presence of a quorum of the board. Three 91
(3) members shall be a quorum. No action shall be valid unless 92
approved by a majority of the members present and voting, entered 93
upon the minutes of the board and signed by the chair. Necessary 94
clerical and administrative support for the board shall be 95
provided by the Department of Finance and Administration. Minutes 96
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shall be kept of the proceedings of each meeting, copies of which 97
shall be filed on a monthly basis with the chairs of the 98
Accountability, Efficiency and Transparency Committees of the 99
Senate and House of Representatives and the chairs of the 100
Appropriations Committees of the Senate and House of 101
Representatives. 102
(2) The Public Procurement Review Board shall have the 103
following powers and responsibilities: 104
(a) Approve all purchasing regulations governing the 105
purchase or lease by any agency, as defined in Section 31-7-1, of 106
commodities and equipment, except computer equipment acquired 107
pursuant to Sections 25-53-1 through 25-53-29; 108
(b) Adopt regulations governing the approval of 109
contracts let for the construction and maintenance of state 110
buildings and other state facilities as well as related contracts 111
for architectural and engineering services. 112
The provisions of this paragraph (b) shall not apply to such 113
contracts involving buildings and other facilities of state 114
institutions of higher learning which are self-administered as 115
provided under this paragraph (b) or Section 37-101-15(m); 116
(c) Adopt regulations governing any lease or rental 117
agreement by any state agency or department, including any state 118
agency financed entirely by federal funds, for space outside the 119
buildings under the jurisdiction of the Department of Finance and 120
Administration. These regulations shall require each agency 121
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requesting to lease such space to provide the following 122
information that shall be published by the Department of Finance 123
and Administration on its website: the agency to lease the space; 124
the terms of the lease; the approximate square feet to be leased; 125
the use for the space; a description of a suitable space; the 126
general location desired for the leased space; the contact 127
information for a person from the agency; the deadline date for 128
the agency to have received a lease proposal; any other specific 129
terms or conditions of the agency; and any other information 130
deemed appropriate by the Division of Real Property Management of 131
the Department of Finance and Administration or the Public 132
Procurement Review Board. The information shall be provided 133
sufficiently in advance of the time the space is needed to allow 134
the Division of Real Property Management of the Department of 135
Finance and Administration to review and preapprove the lease 136
before the time for advertisement begins; 137
* * * 138
( * * *d) In consultation with and approval by the 139
Chairs of the Senate and House Public Property Committees, approve 140
leases, for a term not to exceed eighteen (18) months, entered 141
into by state agencies for the purpose of providing parking 142
arrangements for state employees who work in the Woolfolk 143
Building, the Carroll Gartin Justice Building or the Walter 144
Sillers Office Building; 145
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( * * *e) (i) Except as otherwise provided in 146
subparagraph (ii) of this paragraph, promulgate rules and 147
regulations governing the solicitation and selection of 148
contractual services personnel, including personal and 149
professional services contracts for any form of consulting, policy 150
analysis, public relations, marketing, public affairs, legislative 151
advocacy services or any other contract that the board deems 152
appropriate for oversight, with the exception of: 153
1. Any personal service contracts entered 154
into by any agency that employs only nonstate service employees as 155
defined in Section 25-9-107(c); 156
2. Any personal service contracts entered 157
into for computer or information technology-related services 158
governed by the Mississippi Department of Information Technology 159
Services; 160
3. Any personal service contracts entered 161
into by the individual state institutions of higher learning; 162
4. Any personal service contracts entered 163
into by the Mississippi Department of Transportation; 164
5. Any personal service contracts entered 165
into by the Department of Human Services through June 30, 2019, 166
which the Executive Director of the Department of Human Services 167
determines would be useful in establishing and operating the 168
Department of Child Protection Services; 169
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6. Any personal service contracts entered 170
into by the Department of Child Protection Services through June 171
30, 2019; 172
7. Any contracts for entertainers and/or 173
performers at the Mississippi State Fairgrounds entered into by 174
the Mississippi Fair Commission; 175
8. Any contracts entered into by the 176
Department of Finance and Administration when procuring aircraft 177
maintenance, parts, equipment and/or services; 178
9. Any contract entered into by the 179
Department of Public Safety for service on specialized equipment 180
and/or software required for the operation of such specialized 181
equipment for use by the Office of Forensics Laboratories; 182
10. Any personal or professional service 183
contract entered into by the Mississippi Department of Health or 184
the Department of Revenue solely in connection with their 185
respective responsibilities under the Mississippi Medical Cannabis 186
Act from February 2, 2022, through June 30, 2026; 187
11. Any contract for attorney, accountant, 188
actuary auditor, architect, engineer, anatomical pathologist, or 189
utility rate expert services; 190
12. Any personal service contracts approved 191
by the Executive Director of the Department of Finance and 192
Administration and entered into by the Coordinator of Mental 193
Health Accessibility through June 30, 2022; 194
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13. Any personal or professional services 195
contract entered into by the State Department of Health in 196
carrying out its responsibilities under the ARPA Rural Water 197
Associations Infrastructure Grant Program through June 30, 2026; 198
14. * * * Any personal or professional 199
services contract entered into by the Mississippi Department of 200
Environmental Quality in carrying out its responsibilities under 201
the Mississippi Municipality and County Water Infrastructure Grant 202
Program Act of 2022, through June 30, 2026; 203
15. Any personal or professional services 204
contract entered into by an agency for the design, operation or 205
maintenance of museum exhibits. An agency making a purchase under 206
this exemption shall publicly advertise a Request for 207
Qualifications but shall be otherwise exempt. Any contracts 208
arising from the use of this exemption must be approved by the 209
Public Procurement Review Board prior to execution by the agency; 210
16. Any personal or professional services 211
contract entered into by the Mississippi Department of 212
Environmental Quality in carrying out its responsibilities under 213
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 214
2028; and 215
17. Any contract entered into by the State 216
Department of Health for service on specialized equipment and/or 217
software required for the operation of such specialized equipment 218
for the use by the Public Health Laboratory. 219
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Any such rules and regulations shall provide for maintaining 220
continuous internal audit covering the activities of such agency 221
affecting its revenue and expenditures as required under Section 222
7-7-3(6)(d). Any rules and regulation changes related to personal 223
and professional services contracts that the Public Procurement 224
Review Board may propose shall be submitted to the Chairs of the 225
Accountability, Efficiency and Transparency Committees of the 226
Senate and House of Representatives and the Chairs of the 227
Appropriation Committees of the Senate and House of 228
Representatives at least fifteen (15) days before the board votes 229
on the proposed changes, and those rules and regulation changes, 230
if adopted, shall be promulgated in accordance with the 231
Mississippi Administrative Procedures Act. 232
(ii) From and after July 1, 2024, the Public 233
Procurement Review Board shall promulgate rules and regulations 234
that require the Department of Finance and Administration to 235
conduct personal and professional services solicitations as 236
provided in subparagraph (i) of this paragraph for those services 237
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 238
Department of Marine Resources, the Department of Wildlife, 239
Fisheries and Parks, the Mississippi Emergency Management Agency 240
and the Mississippi Development Authority, with assistance to be 241
provided from these entities. Any powers that have been conferred 242
upon agencies in order to comply with the provisions of this 243
section for personal and professional services solicitations shall 244
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be conferred upon the Department of Finance and Administration to 245
conduct personal and professional services solicitations for the 246
Department of Marine Resources, the Department of Wildlife, 247
Fisheries and Parks, the Mississippi Emergency Management Agency 248
and the Mississippi Development Authority for those services in 249
excess of Seventy-five Thousand Dollars ($75,000.00). The 250
Department of Finance and Administration shall make any 251
submissions that are required to be made by other agencies to the 252
Public Procurement Review Board for the Department of Marine 253
Resources, the Department of Wildlife, Fisheries and Parks, the 254
Mississippi Emergency Management Agency and the Mississippi 255
Development Authority. 256
The provisions of this subparagraph (ii) shall stand repealed 257
on June 30, 2027; 258
( * * *f) Approve all personal and professional 259
services contracts involving the expenditures of funds in excess 260
of Seventy-five Thousand Dollars ($75,000.00), except as provided 261
in paragraph ( * * *e) of this subsection (2) and in subsection 262
(8); 263
( * * *g) Develop mandatory standards with respect to 264
contractual services personnel that require invitations for public 265
bid, requests for proposals, record keeping and financial 266
responsibility of contractors. The Public Procurement Review 267
Board shall, unless exempted under this paragraph ( * * *g) or 268
under paragraph ( * * *h) or ( * * *n) of this subsection (2), 269
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require the agency involved to submit the procurement to a 270
competitive procurement process, and may reserve the right to 271
reject any or all resulting procurements; 272
( * * *h) Prescribe certain circumstances by which 273
agency heads may enter into contracts for personal and 274
professional services without receiving prior approval from the 275
Public Procurement Review Board. The Public Procurement Review 276
Board may establish a preapproved list of providers of various 277
personal and professional services for set prices with which state 278
agencies may contract without bidding or prior approval from the 279
board; 280
(i) Agency requirements may be fulfilled by 281
procuring services performed incident to the state's own programs. 282
The agency head shall determine in writing whether the price 283
represents a fair market value for the services. When the 284
procurements are made from other governmental entities, the 285
private sector need not be solicited; however, these contracts 286
shall still be submitted for approval to the Public Procurement 287
Review Board. 288
(ii) Contracts between two (2) state agencies, 289
both under Public Procurement Review Board purview, shall not 290
require Public Procurement Review Board approval. However, the 291
contracts shall still be entered into the enterprise resource 292
planning system; 293
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( * * *i) Provide standards for the issuance of 294
requests for proposals, the evaluation of proposals received, 295
consideration of costs and quality of services proposed, contract 296
negotiations, the administrative monitoring of contract 297
performance by the agency and successful steps in terminating a 298
contract; 299
( * * *j) Present recommendations for governmental 300
privatization and to evaluate privatization proposals submitted by 301
any state agency; 302
( * * *k) Authorize personal and professional service 303
contracts to be effective for more than one (1) year provided a 304
funding condition is included in any such multiple year contract, 305
except the State Board of Education, which shall have the 306
authority to enter into contractual agreements for student 307
assessment for a period up to ten (10) years. The State Board of 308
Education shall procure these services in accordance with the 309
Public Procurement Review Board procurement regulations; 310
( * * *l) Request the State Auditor to conduct a 311
performance audit on any personal or professional service 312
contract; 313
( * * *m) Prepare an annual report to the Legislature 314
concerning the issuance of personal and professional services 315
contracts during the previous year, collecting any necessary 316
information from state agencies in making such report; 317
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( * * *n) Develop and implement the following standards 318
and procedures for the approval of any sole source contract for 319
personal and professional services regardless of the value of the 320
procurement: 321
(i) For the purposes of this paragraph ( * * *n), 322
the term "sole source" means only one (1) source is available that 323
can provide the required personal or professional service. 324
(ii) An agency that has been issued a binding, 325
valid court order mandating that a particular source or provider 326
must be used for the required service must include a copy of the 327
applicable court order in all future sole source contract reviews 328
for the particular personal or professional service referenced in 329
the court order. 330
(iii) Any agency alleging to have a sole source 331
for any personal or professional service, other than those 332
exempted under paragraph ( * * *e) of this subsection (2) and 333
subsection (8), shall publish on the procurement portal website 334
established by Sections 25-53-151 and 27-104-165, for at least 335
fourteen (14) days, the terms of the proposed contract for those 336
services. In addition, the publication shall include, but is not 337
limited to, the following information: 338
1. The personal or professional service 339
offered in the contract; 340
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2. An explanation of why the personal or 341
professional service is the only one that can meet the needs of 342
the agency; 343
3. An explanation of why the source is the 344
only person or entity that can provide the required personal or 345
professional service; 346
4. An explanation of why the amount to be 347
expended for the personal or professional service is reasonable; 348
and 349
5. The efforts that the agency went through 350
to obtain the best possible price for the personal or professional 351
service. 352
(iv) If any person or entity objects and proposes 353
that the personal or professional service published under 354
subparagraph (iii) of this paragraph ( * * *n) is not a sole 355
source service and can be provided by another person or entity, 356
then the objecting person or entity shall notify the Public 357
Procurement Review Board and the agency that published the 358
proposed sole source contract with a detailed explanation of why 359
the personal or professional service is not a sole source service. 360
(v) 1. If the agency determines after review that 361
the personal or professional service in the proposed sole source 362
contract can be provided by another person or entity, then the 363
agency must withdraw the sole source contract publication from the 364
procurement portal website and submit the procurement of the 365
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personal or professional service to an advertised competitive bid 366
or selection process. 367
2. If the agency determines after review that 368
there is only one (1) source for the required personal or 369
professional service, then the agency may appeal to the Public 370
Procurement Review Board. The agency has the burden of proving 371
that the personal or professional service is only provided by one 372
(1) source. 373
3. If the Public Procurement Review Board has 374
any reasonable doubt as to whether the personal or professional 375
service can only be provided by one (1) source, then the agency 376
must submit the procurement of the personal or professional 377
service to an advertised competitive bid or selection process. No 378
action taken by the Public Procurement Review Board in this appeal 379
process shall be valid unless approved by a majority of the 380
members of the Public Procurement Review Board present and voting. 381
(vi) The Public Procurement Review Board shall 382
prepare and submit a quarterly report to the House of 383
Representatives and Senate Accountability, Efficiency and 384
Transparency Committees that details the sole source contracts 385
presented to the Public Procurement Review Board and the reasons 386
that the Public Procurement Review Board approved or rejected each 387
contract. These quarterly reports shall also include the 388
documentation and memoranda required in subsection (4) of this 389
section. An agency that submitted a sole source contract shall be 390
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prepared to explain the sole source contract to each committee by 391
December 15 of each year upon request by the committee; and 392
( * * *o) Assess any fines and administrative penalties 393
provided for in Sections 31-7-401 through 31-7-423. 394
(3) All submissions shall be made sufficiently in advance of 395
each monthly meeting of the Public Procurement Review Board as 396
prescribed by the Public Procurement Review Board. If the Public 397
Procurement Review Board rejects any contract submitted for review 398
or approval, the Public Procurement Review Board shall clearly set 399
out the reasons for its action, including, but not limited to, the 400
policy that the agency has violated in its submitted contract and 401
any corrective actions that the agency may take to amend the 402
contract to comply with the rules and regulations of the Public 403
Procurement Review Board. 404
(4) All sole source contracts for personal and professional 405
services awarded by state agencies, other than those exempted 406
under Section 27-104-7(2)( * * *e) and (8), whether approved by an 407
agency head or the Public Procurement Review Board, shall contain 408
in the procurement file a written determination for the approval, 409
using a request form furnished by the Public Procurement Review 410
Board. The written determination shall document the basis for the 411
determination, including any market analysis conducted in order to 412
ensure that the service required was practicably available from 413
only one (1) source. A memorandum shall accompany the request 414
form and address the following four (4) points: 415
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(a) Explanation of why this service is the only service 416
that can meet the needs of the purchasing agency; 417
(b) Explanation of why this vendor is the only 418
practicably available source from which to obtain this service; 419
(c) Explanation of why the price is considered 420
reasonable; and 421
(d) Description of the efforts that were made to 422
conduct a noncompetitive negotiation to get the best possible 423
price for the taxpayers. 424
(5) In conjunction with the State Personnel Board, the 425
Public Procurement Review Board shall develop and promulgate rules 426
and regulations to define the allowable legal relationship between 427
contract employees and the contracting departments, agencies and 428
institutions of state government under the jurisdiction of the 429
State Personnel Board, in compliance with the applicable rules and 430
regulations of the federal Internal Revenue Service (IRS) for 431
federal employment tax purposes. Under these regulations, the 432
usual common law rules are applicable to determine and require 433
that such worker is an independent contractor and not an employee, 434
requiring evidence of lawful behavioral control, lawful financial 435
control and lawful relationship of the parties. Any state 436
department, agency or institution shall only be authorized to 437
contract for personnel services in compliance with those 438
regulations. 439
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(6) No member of the Public Procurement Review Board shall 440
use his or her official authority or influence to coerce, by 441
threat of discharge from employment, or otherwise, the purchase of 442
commodities, the contracting for personal or professional 443
services, or the contracting for public construction under this 444
chapter. 445
(7) Notwithstanding any other laws or rules to the contrary, 446
the provisions of subsection (2) of this section shall not be 447
applicable to the Mississippi State Port Authority at Gulfport. 448
(8) Nothing in this section shall impair or limit the 449
authority of the Board of Trustees of the Public Employees' 450
Retirement System to enter into any personal or professional 451
services contracts directly related to their constitutional 452
obligation to manage the trust funds, including, but not limited 453
to, actuarial, custodial banks, cash management, investment 454
consultant and investment management contracts. Nothing in this 455
section shall impair or limit the authority of the State Treasurer 456
to enter into any personal or professional services contracts 457
involving the management of trust funds, including, but not 458
limited to, actuarial, custodial banks, cash management, 459
investment consultant and investment management contracts. 460
(9) Through December 31, 2026, the provisions of this 461
section related to rental agreements or leasing of real property 462
for the purpose of conducting agency business shall not apply to 463
the Office of Workforce Development created in Section 37-153-7. 464
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SECTION 3. Section 31-7-13, Mississippi Code of 1972, is 465
amended as follows: 466
31-7-13. All agencies and governing authorities shall 467
purchase their commodities and printing; contract for garbage 468
collection or disposal; contract for solid waste collection or 469
disposal; contract for sewage collection or disposal; contract for 470
public construction; and contract for rentals as herein provided. 471
(a) Bidding procedure for purchases not over $5,000.00. 472
Purchases which do not involve an expenditure of more than Five 473
Thousand Dollars ($5,000.00), exclusive of freight or shipping 474
charges, may be made without advertising or otherwise requesting 475
competitive bids. However, nothing contained in this paragraph 476
(a) shall be construed to prohibit any agency or governing 477
authority from establishing procedures which require competitive 478
bids on purchases of Five Thousand Dollars ($5,000.00) or less. 479
(b) Bidding procedure for purchases over $5,000.00 but 480
not over $75,000.00. Purchases which involve an expenditure of 481
more than Five Thousand Dollars ($5,000.00) but not more than 482
Seventy-five Thousand Dollars ($75,000.00), exclusive of freight 483
and shipping charges, may be made from the lowest and best bidder 484
without publishing or posting advertisement for bids, provided at 485
least two (2) competitive written bids have been obtained. Any 486
state agency or community or junior college purchasing commodities 487
or procuring construction pursuant to this paragraph (b) may 488
authorize its purchasing agent, or his or her designee, to accept 489
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the lowest competitive written bid under Seventy-five Thousand 490
Dollars ($75,000.00). Any governing authority purchasing 491
commodities pursuant to this paragraph (b) may authorize its 492
purchasing agent, or his or her designee, with regard to governing 493
authorities other than counties, or its purchase clerk, or his or 494
her designee, with regard to counties, to accept the lowest and 495
best competitive written bid. Such authorization shall be made in 496
writing by the governing authority and shall be maintained on file 497
in the primary office of the agency and recorded in the official 498
minutes of the governing authority, as appropriate. The 499
purchasing agent or the purchase clerk, or his or her designee, as 500
the case may be, and not the governing authority, shall be liable 501
for any penalties and/or damages as may be imposed by law for any 502
act or omission of the purchasing agent or purchase clerk, or his 503
or her designee, constituting a violation of law in accepting any 504
bid without approval by the governing authority. The term 505
"competitive written bid" shall mean a bid submitted on a bid form 506
furnished by the buying agency or governing authority and signed 507
by authorized personnel representing the vendor, or a bid 508
submitted on a vendor's letterhead or identifiable bid form and 509
signed by authorized personnel representing the vendor. 510
"Competitive" shall mean that the bids are developed based upon 511
comparable identification of the needs and are developed 512
independently and without knowledge of other bids or prospective 513
bids. Any bid item for construction in excess of Five Thousand 514
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Dollars ($5,000.00) shall be broken down by components to provide 515
detail of component description and pricing. These details shall 516
be submitted with the written bids and become part of the bid 517
evaluation criteria. Bids may be submitted by facsimile, 518
electronic mail or other generally accepted method of information 519
distribution. Bids submitted by electronic transmission shall not 520
require the signature of the vendor's representative unless 521
required by agencies or governing authorities. 522
(c) Bidding procedure for purchases over $75,000.00. 523
(i) Publication requirement. 524
1. Purchases which involve an expenditure of 525
more than Seventy-five Thousand Dollars ($75,000.00), exclusive of 526
freight and shipping charges, may be made from the lowest and best 527
bidder after advertising for competitive bids once each week for 528
two (2) consecutive weeks in a regular newspaper published in the 529
county or municipality in which such agency or governing authority 530
is located. However, all American Recovery and Reinvestment Act 531
projects in excess of Twenty-five Thousand Dollars ($25,000.00) 532
shall be bid. All references to American Recovery and 533
Reinvestment Act projects in this section shall not apply to 534
programs identified in Division B of the American Recovery and 535
Reinvestment Act. 536
2. Reverse auctions shall be the primary 537
method for receiving bids during the bidding process. If a 538
purchasing entity determines that a reverse auction is not in the 539
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best interest of the state, then that determination must be 540
approved by the Public Procurement Review Board. The purchasing 541
entity shall submit a detailed explanation of why a reverse 542
auction would not be in the best interest of the state and present 543
an alternative process to be approved by the Public Procurement 544
Review Board. If the Public Procurement Review Board authorizes 545
the purchasing entity to solicit bids with a method other than 546
reverse auction, then the purchasing entity may designate the 547
other methods by which the bids will be received, including, but 548
not limited to, bids sealed in an envelope, bids received 549
electronically in a secure system, or bids received by any other 550
method that promotes open competition and has been approved by the 551
Office of Purchasing and Travel. However, reverse auction shall 552
not be used for any public contract for design, construction, 553
improvement, repair or remodeling of any public facilities, 554
including the purchase of materials, supplies, equipment or goods 555
for same and including buildings, roads and bridges. The Public 556
Procurement Review Board must approve any contract entered into by 557
alternative process. The provisions of this item 2 shall not 558
apply to the individual state institutions of higher learning. 559
The provisions of this item 2 requiring reverse auction as the 560
primary method of receiving bids shall not apply to term contract 561
purchases as provided in paragraph (n) of this section; however, a 562
purchasing entity may, in its discretion, utilize reverse auction 563
for such purchases. The provisions of this item 2 shall not apply 564
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to individual public schools, including public charter schools and 565
public school districts, only when purchasing copyrighted 566
educational supplemental materials and software as a service 567
product. For such purchases, a local school board may authorize a 568
purchasing entity in its jurisdiction to use a Request for 569
Qualifications which promotes open competition and meets the 570
requirements of the Office of Purchasing and Travel. 571
3. The date as published for the bid opening 572
shall not be less than seven (7) working days after the last 573
published notice; however, if the purchase involves a construction 574
project in which the estimated cost is in excess of Seventy-five 575
Thousand Dollars ($75,000.00), such bids shall not be opened in 576
less than fifteen (15) working days after the last notice is 577
published and the notice for the purchase of such construction 578
shall be published once each week for two (2) consecutive weeks. 579
The notice of intention to let contracts or purchase equipment 580
shall state the time and place at which bids shall be received, 581
list the contracts to be made or types of equipment or supplies to 582
be purchased, and, if all plans and/or specifications are not 583
published, refer to the plans and/or specifications on file. If 584
there is no newspaper published in the county or municipality, 585
then such notice shall be given by posting same at the courthouse, 586
or for municipalities at the city hall, and at two (2) other 587
public places in the county or municipality, and also by 588
publication once each week for two (2) consecutive weeks in some 589
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newspaper having a general circulation in the county or 590
municipality in the above-provided manner. On the same date that 591
the notice is submitted to the newspaper for publication, the 592
agency or governing authority involved shall mail written notice 593
to, or provide electronic notification to the main office of the 594
Mississippi Procurement Technical Assistance Program under the 595
Mississippi Development Authority that contains the same 596
information as that in the published notice. Within one (1) 597
working day of the contract award, the agency or governing 598
authority shall post to the designated web page maintained by the 599
Department of Finance and Administration, notice of the award, 600
including the award recipient, the contract amount, and a brief 601
summary of the contract in accordance with rules promulgated by 602
the department. Within one (1) working day of the contract 603
execution, the agency or governing authority shall post to the 604
designated web page maintained by the Department of Finance and 605
Administration a summary of the executed contract and make a copy 606
of the appropriately redacted contract documents available for 607
linking to the designated web page in accordance with the rules 608
promulgated by the department. The information provided by the 609
agency or governing authority shall be posted to the web page 610
until the project is completed. 611
4. Agencies and governing authorities using 612
federal funds for the procurement of any good or service, 613
including exempt personal and professional services, must comply 614
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with the Uniform Administrative Requirements, Cost Principles, and 615
Audit Requirements for Federal Awards - Subpart D - Post Federal 616
Award Requirements Procurement Standards, in accordance with 2 CFR 617
200.317 through 2 CFR 200.327. 618
(ii) Bidding process amendment procedure. If all 619
plans and/or specifications are published in the notification, 620
then the plans and/or specifications may not be amended. If all 621
plans and/or specifications are not published in the notification, 622
then amendments to the plans/specifications, bid opening date, bid 623
opening time and place may be made, provided that the agency or 624
governing authority maintains a list of all prospective bidders 625
who are known to have received a copy of the bid documents and all 626
such prospective bidders are sent copies of all amendments. This 627
notification of amendments may be made via mail, facsimile, 628
electronic mail or other generally accepted method of information 629
distribution. No addendum to bid specifications may be issued 630
within two (2) working days of the time established for the 631
receipt of bids unless such addendum also amends the bid opening 632
to a date not less than five (5) working days after the date of 633
the addendum. 634
(iii) Filing requirement. In all cases involving 635
governing authorities, before the notice shall be published or 636
posted, the plans or specifications for the construction or 637
equipment being sought shall be filed with the clerk of the board 638
of the governing authority. In addition to these requirements, a 639
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bid file shall be established which shall indicate those vendors 640
to whom such solicitations and specifications were issued, and 641
such file shall also contain such information as is pertinent to 642
the bid. 643
(iv) Specification restrictions. 644
1. Specifications pertinent to such bidding 645
shall be written so as not to exclude comparable equipment of 646
domestic manufacture. However, if valid justification is 647
presented, the Department of Finance and Administration or the 648
board of a governing authority may approve a request for specific 649
equipment necessary to perform a specific job. Further, such 650
justification, when placed on the minutes of the board of a 651
governing authority, may serve as authority for that governing 652
authority to write specifications to require a specific item of 653
equipment needed to perform a specific job. In addition to these 654
requirements, from and after July 1, 1990, vendors of relocatable 655
classrooms and the specifications for the purchase of such 656
relocatable classrooms published by local school boards shall meet 657
all pertinent regulations of the State Board of Education, 658
including prior approval of such bid by the State Department of 659
Education. 660
2. Specifications for construction projects 661
may include an allowance for commodities, equipment, furniture, 662
construction materials or systems in which prospective bidders are 663
instructed to include in their bids specified amounts for such 664
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items so long as the allowance items are acquired by the vendor in 665
a commercially reasonable manner and approved by the 666
agency/governing authority. Such acquisitions shall not be made 667
to circumvent the public purchasing laws. 668
(v) Electronic bids. Agencies and governing 669
authorities shall provide a secure electronic interactive system 670
for the submittal of bids requiring competitive bidding that shall 671
be an additional bidding option for those bidders who choose to 672
submit their bids electronically. The Department of Finance and 673
Administration shall provide, by regulation, the standards that 674
agencies must follow when receiving electronic bids. Agencies and 675
governing authorities shall make the appropriate provisions 676
necessary to accept electronic bids from those bidders who choose 677
to submit their bids electronically for all purchases requiring 678
competitive bidding under this section. Any special condition or 679
requirement for the electronic bid submission shall be specified 680
in the advertisement for bids required by this section. Agencies 681
or governing authorities that are currently without available high 682
speed Internet access shall be exempt from the requirement of this 683
subparagraph (v) until such time that high speed Internet access 684
becomes available. Any county having a population of less than 685
twenty thousand (20,000) shall be exempt from the provisions of 686
this subparagraph (v). Any municipality having a population of 687
less than ten thousand (10,000) shall be exempt from the 688
provisions of this subparagraph (v). The provisions of this 689
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subparagraph (v) shall not require any bidder to submit bids 690
electronically. When construction bids are submitted 691
electronically, the requirement for including a certificate of 692
responsibility, or a statement that the bid enclosed does not 693
exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the 694
bid envelope as indicated in Section 31-3-21(1) and (2) shall be 695
deemed in compliance with by including same as an attachment with 696
the electronic bid submittal. 697
(d) Lowest and best bid decision procedure. 698
(i) Decision procedure. Purchases may be made 699
from the lowest and best bidder. In determining the lowest and 700
best bid, freight and shipping charges shall be included. 701
Life-cycle costing, total cost bids, warranties, guaranteed 702
buy-back provisions and other relevant provisions may be included 703
in the best bid calculation. All best bid procedures for state 704
agencies must be in compliance with regulations established by the 705
Department of Finance and Administration. If any governing 706
authority accepts a bid other than the lowest bid actually 707
submitted, it shall place on its minutes detailed calculations and 708
narrative summary showing that the accepted bid was determined to 709
be the lowest and best bid, including the dollar amount of the 710
accepted bid and the dollar amount of the lowest bid. No agency 711
or governing authority shall accept a bid based on items not 712
included in the specifications. 713
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(ii) Decision procedure for Certified Purchasing 714
Offices. In addition to the decision procedure set forth in 715
subparagraph (i) of this paragraph (d), Certified Purchasing 716
Offices may also use the following procedure: Purchases may be 717
made from the bidder offering the best value. In determining the 718
best value bid, freight and shipping charges shall be included. 719
Life-cycle costing, total cost bids, warranties, guaranteed 720
buy-back provisions, documented previous experience, training 721
costs and other relevant provisions, including, but not limited 722
to, a bidder having a local office and inventory located within 723
the jurisdiction of the governing authority, may be included in 724
the best value calculation. This provision shall authorize 725
Certified Purchasing Offices to utilize a Request For Proposals 726
(RFP) process when purchasing commodities. All best value 727
procedures for state agencies must be in compliance with 728
regulations established by the Department of Finance and 729
Administration. No agency or governing authority shall accept a 730
bid based on items or criteria not included in the specifications. 731
(iii) Decision procedure for Prequalified 732
Construction. In addition to the decision procedure set forth in 733
subparagraph (i) of this paragraph (d), where purchase involves 734
renovation, restoration, or both, of the State Capitol Building or 735
any other historical building designated for at least five (5) 736
years as a Mississippi Landmark by the Board of Trustees of the 737
Department of Archives and History under the authority of Sections 738
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39-7-7 and 39-7-11, or for any other construction procurement with 739
a minimum construction cost of Ten Million Dollars 740
($10,000,000.00) where the agency or governing authority has 741
determined that prequalification of bidders is in the best 742
interest of the state, the agency or governing authority may use 743
the following procedure: Purchases may be made from the lowest 744
and best prequalified bidder. Solicitation of the 745
prequalification of bidders shall be in accordance with paragraph 746
(c) of this section and shall be determined not less than fifteen 747
(15) working days before the prequalified bidders are invited to 748
submit bids. Prequalification criteria shall be limited to 749
bidder's and proposed sub-contractor's knowledge and experience on 750
projects of similar size and scope, past performance, project 751
management team and financial stability. All best bid and 752
prequalification procedures for state agencies must be in 753
compliance with regulations established by the Department of 754
Finance and Administration. If any governing authority accepts a 755
bid other than the lowest bid actually submitted, it shall place 756
on its minutes detailed calculations and narrative summary showing 757
that the accepted bid was determined to be the lowest and best 758
bid, including the dollar amount of the accepted bid and the 759
dollar amount of the lowest bid. No agency or governing authority 760
shall accept a bid based on items not included in the 761
specifications. 762
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(iv) Construction project negotiations authority. 763
If the lowest and best bid is not more than ten percent (10%) 764
above the amount of funds allocated for a public construction or 765
renovation project, then the agency or governing authority shall 766
be permitted to negotiate with the lowest bidder in order to enter 767
into a contract for an amount not to exceed the funds allocated. 768
(e) Lease-purchase authorization. For the purposes of 769
this section, the term "equipment" shall mean equipment, furniture 770
and, if applicable, associated software and other applicable 771
direct costs associated with the acquisition. Any lease-purchase 772
of equipment which an agency is not required to lease-purchase 773
under the master lease-purchase program pursuant to Section 774
31-7-10 and any lease-purchase of equipment which a governing 775
authority elects to lease-purchase may be acquired by a 776
lease-purchase agreement under this paragraph (e). Lease-purchase 777
financing may also be obtained from the vendor or from a 778
third-party source after having solicited and obtained at least 779
two (2) written competitive bids, as defined in paragraph (b) of 780
this section, for such financing without advertising for such 781
bids. Solicitation for the bids for financing may occur before or 782
after acceptance of bids for the purchase of such equipment or, 783
where no such bids for purchase are required, at any time before 784
the purchase thereof. No such lease-purchase agreement shall be 785
for an annual rate of interest which is greater than the overall 786
maximum interest rate to maturity on general obligation 787
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indebtedness permitted under Section 75-17-101, and the term of 788
such lease-purchase agreement shall not exceed the useful life of 789
equipment covered thereby as determined according to the upper 790
limit of the asset depreciation range (ADR) guidelines for the 791
Class Life Asset Depreciation Range System established by the 792
Internal Revenue Service pursuant to the United States Internal 793
Revenue Code and regulations thereunder as in effect on December 794
31, 1980, or comparable depreciation guidelines with respect to 795
any equipment not covered by ADR guidelines. Any lease-purchase 796
agreement entered into pursuant to this paragraph (e) may contain 797
any of the terms and conditions which a master lease-purchase 798
agreement may contain under the provisions of Section 31-7-10(5), 799
and shall contain an annual allocation dependency clause 800
substantially similar to that set forth in Section 31-7-10(8). 801
Each agency or governing authority entering into a lease-purchase 802
transaction pursuant to this paragraph (e) shall maintain with 803
respect to each such lease-purchase transaction the same 804
information as required to be maintained by the Department of 805
Finance and Administration pursuant to Section 31-7-10(13). 806
However, nothing contained in this section shall be construed to 807
permit agencies to acquire items of equipment with a total 808
acquisition cost in the aggregate of less than Ten Thousand 809
Dollars ($10,000.00) by a single lease-purchase transaction. All 810
equipment, and the purchase thereof by any lessor, acquired by 811
lease-purchase under this paragraph and all lease-purchase 812
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payments with respect thereto shall be exempt from all Mississippi 813
sales, use and ad valorem taxes. Interest paid on any 814
lease-purchase agreement under this section shall be exempt from 815
State of Mississippi income taxation. 816
(f) Alternate bid authorization. When necessary to 817
ensure ready availability of commodities for public works and the 818
timely completion of public projects, no more than two (2) 819
alternate bids may be accepted by a governing authority for 820
commodities. No purchases may be made through use of such 821
alternate bids procedure unless the lowest and best bidder cannot 822
deliver the commodities contained in his bid. In that event, 823
purchases of such commodities may be made from one (1) of the 824
bidders whose bid was accepted as an alternate. 825
(g) Construction contract change authorization. In the 826
event a determination is made by an agency or governing authority 827
after a construction contract is let that changes or modifications 828
to the original contract are necessary or would better serve the 829
purpose of the agency or the governing authority, such agency or 830
governing authority may, in its discretion, order such changes 831
pertaining to the construction that are necessary under the 832
circumstances without the necessity of further public bids; 833
provided that such change shall be made in a commercially 834
reasonable manner and shall not be made to circumvent the public 835
purchasing statutes. In addition to any other authorized person, 836
the architect or engineer hired by an agency or governing 837
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authority with respect to any public construction contract shall 838
have the authority, when granted by an agency or governing 839
authority, to authorize changes or modifications to the original 840
contract without the necessity of prior approval of the agency or 841
governing authority when any such change or modification is less 842
than one percent (1%) of the total contract amount. The agency or 843
governing authority may limit the number, manner or frequency of 844
such emergency changes or modifications. 845
(h) Petroleum purchase alternative. In addition to 846
other methods of purchasing authorized in this chapter, when any 847
agency or governing authority shall have a need for gas, diesel 848
fuel, oils and/or other petroleum products in excess of the amount 849
set forth in paragraph (a) of this section, such agency or 850
governing authority may purchase the commodity after having 851
solicited and obtained at least two (2) competitive written bids, 852
as defined in paragraph (b) of this section. If two (2) 853
competitive written bids are not obtained, the entity shall comply 854
with the procedures set forth in paragraph (c) of this section. 855
In the event any agency or governing authority shall have 856
advertised for bids for the purchase of gas, diesel fuel, oils and 857
other petroleum products and coal and no acceptable bids can be 858
obtained, such agency or governing authority is authorized and 859
directed to enter into any negotiations necessary to secure the 860
lowest and best contract available for the purchase of such 861
commodities. 862
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(i) Road construction petroleum products price 863
adjustment clause authorization. Any agency or governing 864
authority authorized to enter into contracts for the construction, 865
maintenance, surfacing or repair of highways, roads or streets, 866
may include in its bid proposal and contract documents a price 867
adjustment clause with relation to the cost to the contractor, 868
including taxes, based upon an industry-wide cost index, of 869
petroleum products including asphalt used in the performance or 870
execution of the contract or in the production or manufacture of 871
materials for use in such performance. Such industry-wide index 872
shall be established and published monthly by the Mississippi 873
Department of Transportation with a copy thereof to be mailed, 874
upon request, to the clerks of the governing authority of each 875
municipality and the clerks of each board of supervisors 876
throughout the state. The price adjustment clause shall be based 877
on the cost of such petroleum products only and shall not include 878
any additional profit or overhead as part of the adjustment. The 879
bid proposals or document contract shall contain the basis and 880
methods of adjusting unit prices for the change in the cost of 881
such petroleum products. 882
(j) State agency emergency purchase procedure. If the 883
governing board or the executive head, or his or her designees, of 884
any agency of the state shall determine that an emergency exists 885
in regard to the purchase of any commodities or repair contracts, 886
so that the delay incident to giving opportunity for competitive 887
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bidding would be detrimental to the interests of the state, then 888
the head of such agency, or his or her designees, shall file with 889
the Department of Finance and Administration (i) a statement 890
explaining the conditions and circumstances of the emergency, 891
which shall include a detailed description of the events leading 892
up to the situation and the negative impact to the entity if the 893
purchase is made following the statutory requirements set forth in 894
paragraph (a), (b) or (c) of this section, and (ii) a certified 895
copy of the appropriate minutes of the board of such agency 896
requesting the emergency purchase, if applicable. Upon receipt of 897
the statement and applicable board certification, the State Fiscal 898
Officer, or his or her designees, may, in writing, authorize the 899
purchase or repair without having to comply with competitive 900
bidding requirements. 901
If the governing board or the executive head, or his or her 902
designees, of any agency determines that an emergency exists in 903
regard to the purchase of any commodities or repair contracts, so 904
that the delay incident to giving opportunity for competitive 905
bidding would threaten the health or safety of any person, or the 906
preservation or protection of property, then the provisions in 907
this section for competitive bidding shall not apply, and any 908
officer or agent of the agency having general or specific 909
authority for making the purchase or repair contract shall approve 910
the bill presented for payment, and he or she shall certify in 911
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writing from whom the purchase was made, or with whom the repair 912
contract was made. 913
Total purchases made under this paragraph (j) shall only be 914
for the purpose of meeting needs created by the emergency 915
situation. Following the emergency purchase, documentation of the 916
purchase, including a description of the commodity purchased, the 917
purchase price thereof and the nature of the emergency shall be 918
filed with the Department of Finance and Administration. Any 919
contract awarded pursuant to this paragraph (j) shall not exceed a 920
term of one (1) year. 921
Purchases under the grant program established under Section 922
37-68-7 in response to COVID-19 and the directive that school 923
districts create a distance learning plan and fulfill technology 924
needs expeditiously shall be deemed an emergency purchase for 925
purposes of this paragraph (j). 926
(k) Governing authority emergency purchase procedure. 927
If the governing authority, or the governing authority acting 928
through its designee, shall determine that an emergency exists in 929
regard to the purchase of any commodities or repair contracts, so 930
that the delay incident to giving opportunity for competitive 931
bidding would be detrimental to the interest of the governing 932
authority, then the provisions herein for competitive bidding 933
shall not apply and any officer or agent of such governing 934
authority having general or special authority therefor in making 935
such purchase or repair shall approve the bill presented therefor, 936
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and he or she shall certify in writing thereon from whom such 937
purchase was made, or with whom such a repair contract was made. 938
At the board meeting next following the emergency purchase or 939
repair contract, documentation of the purchase or repair contract, 940
including a description of the commodity purchased, the price 941
thereof and the nature of the emergency shall be presented to the 942
board and shall be placed on the minutes of the board of such 943
governing authority. Purchases under the grant program 944
established under Section 37-68-7 in response to COVID-19 and the 945
directive that school districts create a distance learning plan 946
and fulfill technology needs expeditiously shall be deemed an 947
emergency purchase for purposes of this paragraph (k). 948
(l) Hospital purchase, lease-purchase and lease 949
authorization. 950
(i) The commissioners or board of trustees of any 951
public hospital may contract with such lowest and best bidder for 952
the purchase or lease-purchase of any commodity under a contract 953
of purchase or lease-purchase agreement whose obligatory payment 954
terms do not exceed five (5) years. 955
(ii) In addition to the authority granted in 956
subparagraph (i) of this paragraph (l), the commissioners or board 957
of trustees is authorized to enter into contracts for the lease of 958
equipment or services, or both, which it considers necessary for 959
the proper care of patients if, in its opinion, it is not 960
financially feasible to purchase the necessary equipment or 961
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services. Any such contract for the lease of equipment or 962
services executed by the commissioners or board shall not exceed a 963
maximum of five (5) years' duration and shall include a 964
cancellation clause based on unavailability of funds. If such 965
cancellation clause is exercised, there shall be no further 966
liability on the part of the lessee. Any such contract for the 967
lease of equipment or services executed on behalf of the 968
commissioners or board that complies with the provisions of this 969
subparagraph (ii) shall be excepted from the bid requirements set 970
forth in this section. 971
(m) Exceptions from bidding requirements. Excepted 972
from bid requirements are: 973
(i) Purchasing agreements approved by department. 974
Purchasing agreements, contracts and maximum price regulations 975
executed or approved by the Department of Finance and 976
Administration. 977
(ii) Outside equipment repairs. Repairs to 978
equipment, when such repairs are made by repair facilities in the 979
private sector; however, engines, transmissions, rear axles and/or 980
other such components shall not be included in this exemption when 981
replaced as a complete unit instead of being repaired and the need 982
for such total component replacement is known before disassembly 983
of the component; however, invoices identifying the equipment, 984
specific repairs made, parts identified by number and name, 985
supplies used in such repairs, and the number of hours of labor 986
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and costs therefor shall be required for the payment for such 987
repairs. 988
(iii) In-house equipment repairs. Purchases of 989
parts for repairs to equipment, when such repairs are made by 990
personnel of the agency or governing authority; however, entire 991
assemblies, such as engines or transmissions, shall not be 992
included in this exemption when the entire assembly is being 993
replaced instead of being repaired. 994
(iv) Raw gravel or dirt. Raw unprocessed deposits 995
of gravel or fill dirt which are to be removed and transported by 996
the purchaser. 997
(v) Governmental equipment auctions. Motor 998
vehicles or other equipment purchased from a federal agency or 999
authority, another governing authority or state agency of the 1000
State of Mississippi, or any governing authority or state agency 1001
of another state at a public auction held for the purpose of 1002
disposing of such vehicles or other equipment. Any purchase by a 1003
governing authority under the exemption authorized by this 1004
subparagraph (v) shall require advance authorization spread upon 1005
the minutes of the governing authority to include the listing of 1006
the item or items authorized to be purchased and the maximum bid 1007
authorized to be paid for each item or items. 1008
(vi) Intergovernmental sales and transfers. 1009
Purchases, sales, transfers or trades by governing authorities or 1010
state agencies when such purchases, sales, transfers or trades are 1011
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made by a private treaty agreement or through means of 1012
negotiation, from any federal agency or authority, another 1013
governing authority or state agency of the State of Mississippi, 1014
or any state agency or governing authority of another state. 1015
Nothing in this section shall permit such purchases through public 1016
auction except as provided for in subparagraph (v) of this 1017
paragraph (m). It is the intent of this section to allow 1018
governmental entities to dispose of and/or purchase commodities 1019
from other governmental entities at a price that is agreed to by 1020
both parties. This shall allow for purchases and/or sales at 1021
prices which may be determined to be below the market value if the 1022
selling entity determines that the sale at below market value is 1023
in the best interest of the taxpayers of the state. Governing 1024
authorities shall place the terms of the agreement and any 1025
justification on the minutes, and state agencies shall obtain 1026
approval from the Department of Finance and Administration, prior 1027
to releasing or taking possession of the commodities. 1028
(vii) Perishable supplies or food. Perishable 1029
supplies or food purchased for use in connection with hospitals, 1030
the school lunch programs, homemaking programs and for the feeding 1031
of county or municipal prisoners. 1032
(viii) Single-source items. Noncompetitive items 1033
available from one (1) source only. In connection with the 1034
purchase of noncompetitive items only available from one (1) 1035
source, a certification of the conditions and circumstances 1036
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requiring the purchase shall be filed by the agency with the 1037
Department of Finance and Administration and by the governing 1038
authority with the board of the governing authority. Upon receipt 1039
of that certification the Department of Finance and Administration 1040
or the board of the governing authority, as the case may be, may, 1041
in writing, authorize the purchase, which authority shall be noted 1042
on the minutes of the body at the next regular meeting thereafter. 1043
In those situations, a governing authority is not required to 1044
obtain the approval of the Department of Finance and 1045
Administration. Following the purchase, the executive head of the 1046
state agency, or his or her designees, shall file with the 1047
Department of Finance and Administration, documentation of the 1048
purchase, including a description of the commodity purchased, the 1049
purchase price thereof and the source from whom it was purchased. 1050
(ix) Waste disposal facility construction 1051
contracts. Construction of incinerators and other facilities for 1052
disposal of solid wastes in which products either generated 1053
therein, such as steam, or recovered therefrom, such as materials 1054
for recycling, are to be sold or otherwise disposed of; however, 1055
in constructing such facilities, a governing authority or agency 1056
shall publicly issue requests for proposals, advertised for in the 1057
same manner as provided herein for seeking bids for public 1058
construction projects, concerning the design, construction, 1059
ownership, operation and/or maintenance of such facilities, 1060
wherein such requests for proposals when issued shall contain 1061
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terms and conditions relating to price, financial responsibility, 1062
technology, environmental compatibility, legal responsibilities 1063
and such other matters as are determined by the governing 1064
authority or agency to be appropriate for inclusion; and after 1065
responses to the request for proposals have been duly received, 1066
the governing authority or agency may select the most qualified 1067
proposal or proposals on the basis of price, technology and other 1068
relevant factors and from such proposals, but not limited to the 1069
terms thereof, negotiate and enter contracts with one or more of 1070
the persons or firms submitting proposals. 1071
(x) Hospital group purchase contracts. Supplies, 1072
commodities and equipment purchased by hospitals through group 1073
purchase programs pursuant to Section 31-7-38. 1074
(xi) Information technology products. Purchases 1075
of information technology products made by governing authorities 1076
under the provisions of purchase schedules, or contracts executed 1077
or approved by the Mississippi Department of Information 1078
Technology Services and designated for use by governing 1079
authorities. 1080
(xii) Energy efficiency services and equipment. 1081
Energy efficiency services and equipment acquired by school 1082
districts, community and junior colleges, institutions of higher 1083
learning and state agencies or other applicable governmental 1084
entities on a shared-savings, lease or lease-purchase basis 1085
pursuant to Section 31-7-14. 1086
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(xiii) Municipal electrical utility system fuel. 1087
Purchases of coal and/or natural gas by municipally owned electric 1088
power generating systems that have the capacity to use both coal 1089
and natural gas for the generation of electric power. 1090
(xiv) Library books and other reference materials. 1091
Purchases by libraries or for libraries of books and periodicals; 1092
processed film, videocassette tapes, filmstrips and slides; 1093
recorded audiotapes, cassettes and diskettes; and any such items 1094
as would be used for teaching, research or other information 1095
distribution; however, equipment such as projectors, recorders, 1096
audio or video equipment, and monitor televisions are not exempt 1097
under this subparagraph. 1098
(xv) Unmarked vehicles. Purchases of unmarked 1099
vehicles when such purchases are made in accordance with 1100
purchasing regulations adopted by the Department of Finance and 1101
Administration pursuant to Section 31-7-9(2). 1102
(xvi) Election ballots. Purchases of ballots 1103
printed pursuant to Section 23-15-351. 1104
(xvii) Multichannel interactive video systems. 1105
From and after July 1, 1990, contracts by Mississippi Authority 1106
for Educational Television with any private educational 1107
institution or private nonprofit organization whose purposes are 1108
educational in regard to the construction, purchase, lease or 1109
lease-purchase of facilities and equipment and the employment of 1110
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personnel for providing multichannel interactive video systems 1111
(ITSF) in the school districts of this state. 1112
(xviii) Purchases of prison industry products by 1113
the Department of Corrections, regional correctional facilities or 1114
privately owned prisons. Purchases made by the Mississippi 1115
Department of Corrections, regional correctional facilities or 1116
privately owned prisons involving any item that is manufactured, 1117
processed, grown or produced from the state's prison industries. 1118
(xix) Undercover operations equipment. Purchases 1119
of surveillance equipment or any other high-tech equipment to be 1120
used by law enforcement agents in undercover operations, provided 1121
that any such purchase shall be in compliance with regulations 1122
established by the Department of Finance and Administration. 1123
(xx) Junior college books for rent. Purchases by 1124
community or junior colleges of textbooks which are obtained for 1125
the purpose of renting such books to students as part of a book 1126
service system. 1127
(xxi) Certain school district purchases. 1128
Purchases of commodities made by school districts from vendors 1129
with which any levying authority of the school district, as 1130
defined in Section 37-57-1, has contracted through competitive 1131
bidding procedures for purchases of the same commodities. 1132
(xxii) Garbage, solid waste and sewage contracts. 1133
Contracts for garbage collection or disposal, contracts for solid 1134
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waste collection or disposal and contracts for sewage collection 1135
or disposal. 1136
(xxiii) Municipal water tank maintenance 1137
contracts. Professional maintenance program contracts for the 1138
repair or maintenance of municipal water tanks, which provide 1139
professional services needed to maintain municipal water storage 1140
tanks for a fixed annual fee for a duration of two (2) or more 1141
years. 1142
(xxiv) Purchases of Mississippi Industries for the 1143
Blind products or services. Purchases made by state agencies or 1144
governing authorities involving any item that is manufactured, 1145
processed or produced by, or any services provided by, the 1146
Mississippi Industries for the Blind. 1147
(xxv) Purchases of state-adopted textbooks. 1148
Purchases of state-adopted textbooks by public school districts. 1149
(xxvi) Certain purchases under the Mississippi 1150
Major Economic Impact Act. Contracts entered into pursuant to the 1151
provisions of Section 57-75-9(2), (3) and (4). 1152
(xxvii) Used heavy or specialized machinery or 1153
equipment for installation of soil and water conservation 1154
practices purchased at auction. Used heavy or specialized 1155
machinery or equipment used for the installation and 1156
implementation of soil and water conservation practices or 1157
measures purchased subject to the restrictions provided in 1158
Sections 69-27-331 through 69-27-341. Any purchase by the State 1159
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Soil and Water Conservation Commission under the exemption 1160
authorized by this subparagraph shall require advance 1161
authorization spread upon the minutes of the commission to include 1162
the listing of the item or items authorized to be purchased and 1163
the maximum bid authorized to be paid for each item or items. 1164
(xxviii) Hospital lease of equipment or services. 1165
Leases by hospitals of equipment or services if the leases are in 1166
compliance with paragraph (l)(ii). 1167
(xxix) Purchases made pursuant to qualified 1168
cooperative purchasing agreements. Purchases made by certified 1169
purchasing offices of state agencies or governing authorities 1170
under cooperative purchasing agreements previously approved by the 1171
Office of Purchasing and Travel and established by or for any 1172
municipality, county, parish or state government or the federal 1173
government, provided that the notification to potential 1174
contractors includes a clause that sets forth the availability of 1175
the cooperative purchasing agreement to other governmental 1176
entities. Such purchases shall only be made if the use of the 1177
cooperative purchasing agreements is determined to be in the best 1178
interest of the governmental entity. 1179
(xxx) School yearbooks. Purchases of school 1180
yearbooks by state agencies or governing authorities; however, 1181
state agencies and governing authorities shall use for these 1182
purchases the RFP process as set forth in the Mississippi 1183
Procurement Manual adopted by the Office of Purchasing and Travel. 1184
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(xxxi) Design-build method of contracting and 1185
certain other contracts. Contracts entered into under the 1186
provisions of Section 31-7-13.1, 37-101-44 or 65-1-85. 1187
(xxxii) Toll roads and bridge construction 1188
projects. Contracts entered into under the provisions of Section 1189
65-43-1 or 65-43-3. 1190
(xxxiii) Certain purchases under Section 57-1-221. 1191
Contracts entered into pursuant to the provisions of Section 1192
57-1-221. 1193
(xxxiv) Certain transfers made pursuant to the 1194
provisions of Section 57-105-1(7). Transfers of public property 1195
or facilities under Section 57-105-1(7) and construction related 1196
to such public property or facilities. 1197
(xxxv) Certain purchases or transfers entered into 1198
with local electrical power associations. Contracts or agreements 1199
entered into under the provisions of Section 55-3-33. 1200
(xxxvi) Certain purchases by an academic medical 1201
center or health sciences school. Purchases by an academic 1202
medical center or health sciences school, as defined in Section 1203
37-115-50, of commodities that are used for clinical purposes and 1204
1. intended for use in the diagnosis of disease or other 1205
conditions or in the cure, mitigation, treatment or prevention of 1206
disease, and 2. medical devices, biological, drugs and 1207
radiation-emitting devices as defined by the United States Food 1208
and Drug Administration. 1209
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(xxxvii) Certain purchases made under the Alyce G. 1210
Clarke Mississippi Lottery Law. Contracts made by the Mississippi 1211
Lottery Corporation pursuant to the Alyce G. Clarke Mississippi 1212
Lottery Law. 1213
(xxxviii) Certain purchases made by the Department 1214
of Health and the Department of Revenue. Purchases made by the 1215
Department of Health and the Department of Revenue solely for the 1216
purpose of fulfilling their respective responsibilities under the 1217
Mississippi Medical Cannabis Act. This subparagraph shall stand 1218
repealed on June 30, 2026. 1219
(xxxix) Purchases made by state agencies related 1220
to museum exhibits. Purchases made by an agency related to the 1221
fabrication, construction, installation or refurbishing of museum 1222
exhibits. An agency making a purchase under this exemption in 1223
excess of the bid threshold set forth in paragraph (c) of this 1224
section shall publicly advertise a Request for Qualifications or 1225
Request for Proposals in which price as an evaluation factor is at 1226
least twenty percent (20%) out of the one hundred percent (100%) 1227
total weight, but shall be otherwise exempt. Any contract arising 1228
from a purchase using this exemption must be approved by the 1229
Public Procurement Review Board prior to execution by the agency. 1230
The agency shall submit a written report on December 1 of each 1231
year to the Chairs of the Senate and House Appropriations 1232
Committees, the Chairs of the Senate and House Accountability, 1233
Efficiency and Transparency Committees and the Chair of the Public 1234
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Procurement Review Board, identifying all purchases made by the 1235
agency using this exemption in which the cost of the option 1236
selected by the agency was more than twenty-five percent (25%) 1237
higher than the lowest cost option available. 1238
(n) Term contract authorization. All contracts for the 1239
purchase of: 1240
(i) All contracts for the purchase of commodities, 1241
equipment and public construction (including, but not limited to, 1242
repair and maintenance), may be let for periods of not more than 1243
sixty (60) months in advance, subject to applicable statutory 1244
provisions prohibiting the letting of contracts during specified 1245
periods near the end of terms of office. Term contracts for a 1246
period exceeding twenty-four (24) months shall also be subject to 1247
ratification or cancellation by governing authority boards taking 1248
office subsequent to the governing authority board entering the 1249
contract. 1250
(ii) Bid proposals and contracts may include price 1251
adjustment clauses with relation to the cost to the contractor 1252
based upon a nationally published industry-wide or nationally 1253
published and recognized cost index. The cost index used in a 1254
price adjustment clause shall be determined by the Department of 1255
Finance and Administration for the state agencies and by the 1256
governing board for governing authorities. The bid proposal and 1257
contract documents utilizing a price adjustment clause shall 1258
contain the basis and method of adjusting unit prices for the 1259
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change in the cost of such commodities, equipment and public 1260
construction. 1261
(o) Purchase law violation prohibition and vendor 1262
penalty. No contract or purchase as herein authorized shall be 1263
made for the purpose of circumventing the provisions of this 1264
section requiring competitive bids, nor shall it be lawful for any 1265
person or concern to submit individual invoices for amounts within 1266
those authorized for a contract or purchase where the actual value 1267
of the contract or commodity purchased exceeds the authorized 1268
amount and the invoices therefor are split so as to appear to be 1269
authorized as purchases for which competitive bids are not 1270
required. Submission of such invoices shall constitute a 1271
misdemeanor punishable by a fine of not less than Five Hundred 1272
Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), 1273
or by imprisonment for thirty (30) days in the county jail, or 1274
both such fine and imprisonment. In addition, the claim or claims 1275
submitted shall be forfeited. 1276
(p) Electrical utility petroleum-based equipment 1277
purchase procedure. When in response to a proper advertisement 1278
therefor, no bid firm as to price is submitted to an electric 1279
utility for power transformers, distribution transformers, power 1280
breakers, reclosers or other articles containing a petroleum 1281
product, the electric utility may accept the lowest and best bid 1282
therefor although the price is not firm. 1283
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(q) Fuel management system bidding procedure. Any 1284
governing authority or agency of the state shall, before 1285
contracting for the services and products of a fuel management or 1286
fuel access system, enter into negotiations with not fewer than 1287
two (2) sellers of fuel management or fuel access systems for 1288
competitive written bids to provide the services and products for 1289
the systems. In the event that the governing authority or agency 1290
cannot locate two (2) sellers of such systems or cannot obtain 1291
bids from two (2) sellers of such systems, it shall show proof 1292
that it made a diligent, good-faith effort to locate and negotiate 1293
with two (2) sellers of such systems. Such proof shall include, 1294
but not be limited to, publications of a request for proposals and 1295
letters soliciting negotiations and bids. For purposes of this 1296
paragraph (q), a fuel management or fuel access system is an 1297
automated system of acquiring fuel for vehicles as well as 1298
management reports detailing fuel use by vehicles and drivers, and 1299
the term "competitive written bid" shall have the meaning as 1300
defined in paragraph (b) of this section. Governing authorities 1301
and agencies shall be exempt from this process when contracting 1302
for the services and products of fuel management or fuel access 1303
systems under the terms of a state contract established by the 1304
Office of Purchasing and Travel. 1305
(r) Solid waste contract proposal procedure. Before 1306
entering into any contract for garbage collection or disposal, 1307
contract for solid waste collection or disposal or contract for 1308
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sewage collection or disposal, which involves an expenditure of 1309
more than Seventy-five Thousand Dollars ($75,000.00), a governing 1310
authority or agency shall issue publicly a request for proposals 1311
concerning the specifications for such services which shall be 1312
advertised for in the same manner as provided in this section for 1313
seeking bids for purchases which involve an expenditure of more 1314
than the amount provided in paragraph (c) of this section. Any 1315
request for proposals when issued shall contain terms and 1316
conditions relating to price, financial responsibility, 1317
technology, legal responsibilities and other relevant factors as 1318
are determined by the governing authority or agency to be 1319
appropriate for inclusion; all factors determined relevant by the 1320
governing authority or agency or required by this paragraph (r) 1321
shall be duly included in the advertisement to elicit proposals. 1322
After responses to the request for proposals have been duly 1323
received, the governing authority or agency shall select the most 1324
qualified proposal or proposals on the basis of price, technology 1325
and other relevant factors and from such proposals, but not 1326
limited to the terms thereof, negotiate and enter into contracts 1327
with one or more of the persons or firms submitting proposals. If 1328
the governing authority or agency deems none of the proposals to 1329
be qualified or otherwise acceptable, the request for the 1330
proposals process may be reinitiated. Notwithstanding any other 1331
provisions of this paragraph, where a county with at least 1332
thirty-five thousand (35,000) nor more than forty thousand 1333
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(40,000) population, according to the 1990 federal decennial 1334
census, owns or operates a solid waste landfill, the governing 1335
authorities of any other county or municipality may contract with 1336
the governing authorities of the county owning or operating the 1337
landfill, pursuant to a resolution duly adopted and spread upon 1338
the minutes of each governing authority involved, for garbage or 1339
solid waste collection or disposal services through contract 1340
negotiations. 1341
(s) Minority set-aside authorization. * * * 1342
Notwithstanding any federal law to the contrary, the 1343
governing authority of any state, county or municipal agencies, 1344
departments, offices or institutions, and any political 1345
subdivisions thereof, are prohibited from entering into minority 1346
set-aside purchases with a minority business or from providing a 1347
minority business with preferential treatment in regards to public 1348
contracts, on the basis of race, ethnicity or sex of the business 1349
owner or owners. 1350
For the purposes of this paragraph, the term "minority 1351
business" means a business which is owned by a person or a 1352
majority of persons who are United States citizens or permanent 1353
resident aliens (as defined by the Immigration and Naturalization 1354
Service) of the United States, and who are Asian, Black, Hispanic 1355
or Native American, according to the following definitions: 1356
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(i) "Asian" means persons having origins in any of 1357
the original people of the Far East, Southeast Asia, the Indian 1358
subcontinent, or the Pacific Islands. 1359
(ii) "Black" means persons having origins in any 1360
black racial group of Africa. 1361
(iii) "Hispanic" means persons of Spanish or 1362
Portuguese culture with origins in Mexico, South or Central 1363
America, or the Caribbean Islands, regardless of race. 1364
(iv) "Native American" means persons having 1365
origins in any of the original people of North America, including 1366
American Indians, Eskimos and Aleuts. 1367
For the purpose of this paragraph, "minority business" shall 1368
also include a business which is owned by a person or a majority 1369
of persons who are classified as a minority due to the sex of the 1370
owner or owners. 1371
(t) Construction punch list restriction. The 1372
architect, engineer or other representative designated by the 1373
agency or governing authority that is contracting for public 1374
construction or renovation may prepare and submit to the 1375
contractor only one (1) preliminary punch list of items that do 1376
not meet the contract requirements at the time of substantial 1377
completion and one (1) final list immediately before final 1378
completion and final payment. 1379
(u) Procurement of construction services by state 1380
institutions of higher learning. Contracts for privately financed 1381
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construction of auxiliary facilities on the campus of a state 1382
institution of higher learning may be awarded by the Board of 1383
Trustees of State Institutions of Higher Learning to the lowest 1384
and best bidder, where sealed bids are solicited, or to the 1385
offeror whose proposal is determined to represent the best value 1386
to the citizens of the State of Mississippi, where requests for 1387
proposals are solicited. 1388
(v) Insurability of bidders for public construction or 1389
other public contracts. In any solicitation for bids to perform 1390
public construction or other public contracts to which this 1391
section applies, including, but not limited to, contracts for 1392
repair and maintenance, for which the contract will require 1393
insurance coverage in an amount of not less than One Million 1394
Dollars ($1,000,000.00), bidders shall be permitted to either 1395
submit proof of current insurance coverage in the specified amount 1396
or demonstrate ability to obtain the required coverage amount of 1397
insurance if the contract is awarded to the bidder. Proof of 1398
insurance coverage shall be submitted within five (5) business 1399
days from bid acceptance. 1400
(w) Purchase authorization clarification. Nothing in 1401
this section shall be construed as authorizing any purchase not 1402
authorized by law. 1403
(x) Mississippi Regional Pre-Need Disaster Clean Up 1404
Act. (i) The Department of Finance and Administration shall 1405
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develop and implement a process that creates a preferred vendor 1406
list for both disaster debris removal and monitoring. 1407
(ii) Any board of supervisors of any county or any 1408
governing authority of any municipality may opt in to the benefits 1409
and services provided under the appropriate and relevant contract 1410
established in subparagraph (i) of this paragraph at the time of a 1411
disaster event in that county or municipality. At the time of opt 1412
in, the county or municipality shall assume responsibility for 1413
payment in full to the contractor for the disaster-related solid 1414
waste collection, disposal or monitoring services provided. 1415
Nothing in this subparagraph (ii) shall be construed as requiring 1416
a county or municipality to opt in to any such contract 1417
established in subparagraph (i) of this paragraph. 1418
SECTION 4. Section 57-69-5, Mississippi Code of 1972, is 1419
amended as follows: 1420
57-69-5. (1) There is hereby created the Office of Minority 1421
Business Enterprises of the Mississippi Development Authority 1422
under the Mississippi Development Authority. The Executive 1423
Director of the Mississippi Development Authority shall appoint an 1424
executive director for the office. The executive director may 1425
employ a staff subject to approval of the Executive Director of 1426
the Mississippi Development Authority as necessary to carry out 1427
the purposes of this office. 1428
(2) The office shall perform the following: 1429
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(a) Develop, plan and implement programs to provide an 1430
opportunity for participation by qualified minority owned 1431
businesses in public works and the process by which goods and 1432
services are procured by state agencies and educational 1433
institutions from the private sector; 1434
(b) Develop a comprehensive plan encouraging that 1435
qualified minority owned businesses are provided an opportunity to 1436
participate in public contracts for public works and commodities 1437
and services; 1438
(c) Identify barriers to equal participation by 1439
qualified minority owned businesses in all state agency and 1440
educational institution contracts; 1441
(d) Develop and maintain a central minority business 1442
enterprise certification list for all state agencies and 1443
educational institutions; 1444
(e) Adopt rules for the implementation of this chapter; 1445
(f) Develop and maintain a central minority business 1446
enterprise certification program; 1447
(g) Develop and maintain a central minority business 1448
enterprise supplier certification program; 1449
(h) Submit an annual report to the Governor and the 1450
Legislature outlining the progress and economic impact on the 1451
public and private sectors of implementing this chapter; 1452
(i) Increase efforts to inform minority businesses of 1453
state government procurement procedures and policies; 1454
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(j) Serve as the principal advocate in the state on 1455
behalf of minority business enterprises and minority business 1456
enterprise suppliers and provide advice in the consideration of 1457
administrative requirements and legislation that affect minority 1458
business enterprises and minority business enterprise suppliers; 1459
(k) Evaluate the effectiveness of efforts of state 1460
agencies and other entities to assist minority business 1461
enterprises and minority business enterprise suppliers and make 1462
appropriate recommendations to assist the development and 1463
strengthening of minority business enterprises and minority 1464
business enterprise suppliers; 1465
(l) Determine the availability of financial and other 1466
resources to minority business enterprises and minority business 1467
enterprise suppliers and recommend methods for: 1468
(i) Increasing the availability of equity capital 1469
and other forms of financial assistance to minority business 1470
enterprises and minority business enterprise suppliers; 1471
(ii) Generating markets for the goods and services 1472
of minority business enterprises and minority business enterprise 1473
suppliers; 1474
(iii) Providing more effective education, training 1475
and management and technical assistance to minority business 1476
enterprises and minority business enterprise suppliers; and 1477
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(iv) Providing assistance to minority business 1478
enterprises and minority business enterprise suppliers in 1479
complying with federal, state and local laws; 1480
(m) Serve as a focal point for receiving complaints and 1481
suggestions concerning state government policies and activities 1482
that affect minority business enterprises and minority business 1483
enterprise suppliers; 1484
(n) Develop and advocate proposals for changes in state 1485
policies and activities that adversely affect minority business 1486
enterprises and minority business enterprise suppliers; 1487
(o) Provide to legislative committees and state 1488
agencies information on the effects of proposed policies or 1489
actions that affect minority business enterprises and minority 1490
business enterprise suppliers; 1491
(p) Enlist the assistance of public and private 1492
agencies, businesses and other organizations in disseminating 1493
information about state programs and services that benefit 1494
minority business enterprises and minority business enterprise 1495
suppliers and information regarding means by which minority 1496
business enterprises and minority business enterprise suppliers 1497
can use those programs and services; 1498
(q) Identify sources of financial assistance for 1499
minority business enterprises, match minority business enterprises 1500
and minority business enterprise suppliers with sources of 1501
financial assistance, and assist minority business enterprises and 1502
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minority business enterprise suppliers with the preparation of 1503
applications for loans from governmental or private sources; 1504
(r) Sponsor meetings, to the extent practicable in 1505
cooperation with public and private educational institutions, to 1506
provide training and disseminate information beneficial to 1507
minority business enterprises and minority business enterprise 1508
suppliers; 1509
(s) Assist minority business enterprises and minority 1510
business enterprise suppliers in their dealings with federal, 1511
state and local governmental agencies and provide information 1512
regarding governmental requirements affecting minority business 1513
enterprises and minority business enterprise suppliers; 1514
(t) Develop and implement programs to encourage 1515
governmental agencies, public sector business associations and 1516
other organizations to provide useful services to minority 1517
business enterprises and minority business enterprise suppliers; 1518
(u) Use available resources within the state, such as 1519
minority business enterprise development centers, educational 1520
institutions and nonprofit associations, to coordinate the 1521
provision of management and technical assistance to minority 1522
business enterprises and minority business enterprise suppliers in 1523
a systematic manner; 1524
(v) Publish newsletters, brochures and other documents 1525
containing information useful to minority business enterprises and 1526
minority business enterprise suppliers; 1527
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(w) Identify successful minority business enterprise 1528
assistance programs provided by other states and determine the 1529
feasibility of adapting those programs for implementation in 1530
Mississippi; 1531
(x) Establish an outreach program to make the existence 1532
of the office known to minority business enterprises, minority 1533
business enterprise suppliers and potential clients throughout the 1534
state; and 1535
(y) Identify potential business opportunities for 1536
minority business enterprises and minority business enterprise 1537
suppliers and develop programs to maximize those opportunities. 1538
(3) No provision of this section shall require or imply that 1539
the governing authority of any state, county or municipal 1540
agencies, departments, institutions or offices, and its political 1541
subdivisions, are required to provide minority businesses with 1542
preferential treatment in regards to public contracts or purchases 1543
on the basis of race, ethnicity or sex of the business owner or 1544
owners. Notwithstanding any federal law to the contrary, minority 1545
set-aside contracts for public purchases by the governing 1546
authority of any state, county or municipal agencies, departments, 1547
institutions or offices, and its political subdivisions, are 1548
prohibited. 1549
SECTION 5. Section 57-69-9, Mississippi Code of 1972, is 1550
amended as follows: 1551
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57-69-9. Each state agency and educational institution shall 1552
report the participation of minority business enterprises in the 1553
public works and procurement contracts executed by the agency or 1554
institution. The reports shall be made on a an annual basis. The 1555
reporting requirement of this section shall not require or imply 1556
that the governing authority of any state, county or municipal 1557
agencies, departments, institutions or offices, and its political 1558
subdivisions, are required to provide minority businesses with 1559
preferential treatment in regards to public contracts or purchases 1560
on the basis of race, ethnicity or sex of the business owner or 1561
owners. Notwithstanding any federal law to the contrary, minority 1562
set-aside contracts for public purchases by the governing 1563
authority of any state, county or municipal agencies, departments, 1564
institutions or offices, and its political subdivisions, are 1565
prohibited. 1566
SECTION 6. Section 57-75-9, Mississippi Code of 1972, is 1567
amended as follows: 1568
57-75-9. (1) The authority is hereby designated and 1569
empowered to act on behalf of the state in submitting a siting 1570
proposal for any project eligible for assistance under this act. 1571
The authority is empowered to take all steps appropriate or 1572
necessary to effect the siting, development, and operation of the 1573
project within the state, including the negotiation of a 1574
fee-in-lieu. If the state is selected as the preferred site for 1575
the project, the authority is hereby designated and empowered to 1576
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act on behalf of the state and to represent the state in the 1577
planning, financing, development, construction and operation of 1578
the project or any facility related to the project, with the 1579
concurrence of the affected public agency. The authority may take 1580
affirmative steps to coordinate fully all aspects of the 1581
submission of a siting proposal for the project and, if the state 1582
is selected as the preferred site, to coordinate fully, with the 1583
concurrence of the affected public agency, the development of the 1584
project or any facility related to the project with private 1585
business, the United States government and other public agencies. 1586
All public agencies are encouraged to cooperate to the fullest 1587
extent possible to effectuate the duties of the authority; 1588
however, the development of the project or any facility related to 1589
the project by the authority may be done only with the concurrence 1590
of the affected public agency. 1591
(2) (a) Contracts, by the authority or a public agency, 1592
including, but not limited to, design and construction contracts, 1593
for the acquisition, purchase, construction or installation of a 1594
project defined in Section 57-75-5(f)(iv)1 or any facility related 1595
to the project shall be exempt from the provisions of Section 1596
31-7-13 if: 1597
(i) The authority finds and records such finding 1598
on its minutes, that because of availability or the particular 1599
nature of a project, it would not be in the public interest or 1600
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would less effectively achieve the purposes of this chapter to 1601
enter into such contracts on the basis of Section 31-7-13; and 1602
(ii) The enterprise that is involved in the 1603
project concurs in such finding. 1604
(b) When the requirements of paragraph (a) of this 1605
subsection are met: 1606
(i) The requirements of Section 31-7-13 shall not 1607
apply to such contracts; and 1608
(ii) The contracts may be entered into on the 1609
basis of negotiation. 1610
(c) The enterprise involved with the project may, upon 1611
approval of the authority, negotiate such contracts in the name of 1612
the authority. 1613
(d) The provisions of this subsection (2) shall not 1614
apply to contracts by the authority for excavation, fill dirt and 1615
compaction for the preparation of the site of a project as defined 1616
in Section 57-75-5(f)(iv)1 and such contracts may be entered into 1617
pursuant to subsection (3) of this section. 1618
(3) (a) Contracts by the authority for excavation, fill 1619
dirt and compaction for the preparation of the site of a project 1620
defined in Section 57-75-5(f)(iv)1 shall be exempt from the 1621
provisions of Section 31-7-13 and the following procedure shall be 1622
followed in the award of such contracts: 1623
(i) The authority shall advertise for a period of 1624
time to be set by the authority, but in no event less than one (1) 1625
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business day, the date, time and place of a meeting with the 1626
authority to receive specifications on a request for proposals on 1627
excavation, fill dirt and compaction for the preparation of the 1628
site of the project defined in Section 57-75-5(f)(iv)1. 1629
(ii) The authority shall set the minimum 1630
qualifications necessary to be considered for award of the 1631
contract and the advertisement shall set forth such minimum 1632
qualifications. 1633
(iii) Following the meeting the authority shall, 1634
in its discretion, select one or more of the qualified contractors 1635
with whom to negotiate or award the contract. The decision of the 1636
authority concerning the selection of the contractor shall be 1637
final. 1638
(b) Contracts by the authority or a public agency for 1639
site preparation, utilities, real estate improvements, wastewater 1640
or for public works for a project defined in Section 1641
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii) shall be exempt from 1642
the provisions of Section 31-7-13 and the following procedure 1643
shall be followed in the award of such contracts: 1644
(i) The authority or the public agency shall 1645
advertise for a period of time to be set by the authority or the 1646
public agency, but in no event less than one (1) nor more than 1647
five (5) calendar days, the date, time and place of a meeting with 1648
the authority or the public agency to receive specifications on 1649
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the preparation of the site of the project defined in Section 1650
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). 1651
(ii) The authority or the public agency shall set 1652
the minimum qualifications necessary to be considered for award of 1653
the contract and the advertisement shall set forth such minimum 1654
qualifications. 1655
(iii) Following the meeting the authority or the 1656
public agency shall, in its discretion, select one or more of the 1657
qualified contractors with whom to negotiate or award the 1658
contract. The decision of the authority or the public agency 1659
concerning the selection of the contractor shall be final. 1660
(c) Contracts by a public agency for site preparation, 1661
utilities, real estate improvements, infrastructure, roads or for 1662
public works for a project defined in Section 57-75-5(f)(xxiii), 1663
Section 57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 1664
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 1665
57-75-5(f)(xxxiii) may be exempt from the provisions of Section 1666
31-7-13 and the following procedure shall be followed in the award 1667
of contracts: 1668
(i) The public agency shall advertise for a period 1669
of time to be set by the public agency, but in no event less than 1670
one (1) nor more than five (5) calendar days, the date, time and 1671
place of a meeting with the public agency to receive 1672
specifications on site preparation, utilities, real estate 1673
improvements, infrastructure, roads or for public works related to 1674
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the project defined in Section 57-75-5(f)(xxiii), Section 1675
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 1676
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 1677
57-75-5(f)(xxxiii). 1678
(ii) The public agency shall set the minimum 1679
qualifications necessary to be considered for award of the 1680
contract and the advertisement shall set forth such minimum 1681
qualifications. 1682
(iii) Following the meeting the public agency 1683
shall, in its discretion, which discretion may include 1684
participation by an enterprise involved in the project, select one 1685
or more of the qualified contractors with whom to negotiate or 1686
award the contract. The decision of the public agency concerning 1687
selection of the contractor shall be final. 1688
(4) (a) Contracts, by the authority or a public agency, 1689
including, but not limited to, design and construction contracts, 1690
for the acquisition, purchase, construction or installation of a 1691
project defined in Section 57-75-5(f)(xxvi), Section 1692
57-75-5(f)(xxvii), Section 57-75-5(f)(xxviii), Section 1693
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 1694
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 1695
57-75-5(f)(xxxiii), and any contracts by the authority or a public 1696
agency for site preparation, utilities, real estate improvements, 1697
infrastructure, roads or for other public facilities related to 1698
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any such project shall be exempt from the provisions of Section 1699
31-7-13 if: 1700
(i) The authority finds and records such finding 1701
on its minutes, that because of availability or the particular 1702
nature of a project, it would not be in the public interest or 1703
would less effectively achieve the purposes of this chapter to 1704
enter into such contracts on the basis of Section 31-7-13; and 1705
(ii) The enterprise that is involved in the 1706
project concurs in such finding. 1707
(b) When the requirements of paragraph (a) of this 1708
subsection are met: 1709
(i) The requirements of Section 31-7-13 shall not 1710
apply to such contracts; and 1711
(ii) The contracts may be entered into on the 1712
basis of negotiation with the authority or such public agency, and 1713
the authority or such public agency may, as part of such 1714
negotiations, further negotiate and require the level of 1715
participation by the enterprise involved in the project in the 1716
negotiation of such contracts. 1717
(c) Contracts by the authority or a public agency for 1718
site preparation, utilities, real estate improvements, 1719
infrastructure, roads or for other public facilities related to a 1720
project defined in Section 57-75-5(f)(xxxii), shall be exempt from 1721
the provisions of Section 65-1-85, and the authority or public 1722
agency is authorized to use any method for design and/or 1723
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construction procurement and contracting. With respect to any 1724
such contract that is anticipated to be federally funded, in whole 1725
or in part, the authority or public agency may nonetheless comply 1726
with the provisions of Section 65-1-85 for purposes of compliance 1727
with any applicable federal funding requirements. 1728
(d) The decision of the authority or the public agency 1729
concerning selection of the contractor shall be final. 1730
(e) The company shall make commercially reasonable 1731
efforts to place out for bid, such that Mississippi Contractors 1732
and Mississippi Disadvantaged Business Enterprises ("DBEs") shall 1733
have an equal opportunity to respond to such bid, any contract by 1734
the company which (i) is subject to tax pursuant to Mississippi 1735
Code Section 27-65-21 (i.e., contracts for constructing, building, 1736
erecting, grading, excavating, etc.), and (ii) will be paid, or 1737
payment thereunder by the company will be reimbursed, using any 1738
portion of the grant proceeds or funds provided by the authority 1739
to the company in accordance with this agreement. In carrying out 1740
such efforts, in order to increase the pool of qualified DBE 1741
bidders, the company will request that successful prime contract 1742
bidders include in their response a commitment to (a) participate 1743
in and/or host forums that highlight subcontract bidding 1744
opportunities for DBEs; and (b) work with various trade 1745
associations and the Mississippi Development Authority to promote 1746
increased participation from DBEs. With respect to awarding any 1747
contract placed out for bid, the company shall be allowed to award 1748
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such contract in the company's sole discretion (e.g., based upon 1749
optimization of quality, cost and efficiency or on any other basis 1750
as the company may see fit). MDA agrees that it will offer to 1751
eligible contractor DBEs that have an opportunity to work on the 1752
project assistance through its Minority Surety Bond Guaranty 1753
Program. Agreement by MDA to offer the use of the Minority Surety 1754
Bond Guaranty Program shall not require or imply that the 1755
governing authority of any state, county or municipal agencies, 1756
departments, institutions or offices, and its political 1757
subdivisions, are required to provide minority businesses with 1758
preferential treatment in regards to public contracts or purchases 1759
on the basis of race, ethnicity or sex of the business owner or 1760
owners. Notwithstanding any federal law to the contrary, minority 1761
set-aside contracts for public purchases by the governing 1762
authority of any state, county or municipal agencies, departments, 1763
institutions or offices, and its political subdivisions, are 1764
prohibited. 1765
(5) The Department of Employment Security is authorized to 1766
provide to the authority any information received, obtained or 1767
produced, or findings or determinations made thereby, with respect 1768
to any jobs created or maintained for a project that has been 1769
certified by the authority as a project as defined in Section 1770
57-75-5(f). 1771
SECTION 7. Section 57-75-11, Mississippi Code of 1972, is 1772
amended as follows: 1773
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57-75-11. The authority, in addition to any and all powers 1774
now or hereafter granted to it, is empowered and shall exercise 1775
discretion and the use of these powers depending on the 1776
circumstances of the project or projects: 1777
(a) To maintain an office at a place or places within 1778
the state. 1779
(b) To employ or contract with architects, engineers, 1780
attorneys, accountants, construction and financial experts and 1781
such other advisors, consultants and agents as may be necessary in 1782
its judgment and to fix and pay their compensation. 1783
(c) To make such applications and enter into such 1784
contracts for financial assistance as may be appropriate under 1785
applicable federal or state law. 1786
(d) To apply for, accept and utilize grants, gifts and 1787
other funds or aid from any source for any purpose contemplated by 1788
the act, and to comply, subject to the provisions of this act, 1789
with the terms and conditions thereof. 1790
(e) (i) To acquire by purchase, lease, gift, or in 1791
other manner, including quick-take eminent domain, or obtain 1792
options to acquire, and to own, maintain, use, operate and convey 1793
any and all property of any kind, real, personal, or mixed, or any 1794
interest or estate therein, within the project area, necessary for 1795
the project or any facility related to the project. The 1796
provisions of this paragraph that allow the acquisition of 1797
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property by quick-take eminent domain shall be repealed by 1798
operation of law on July 1, 1994; and 1799
(ii) Notwithstanding any other provision of this 1800
paragraph (e), from and after November 6, 2000, to exercise the 1801
right of immediate possession pursuant to the provisions of 1802
Sections 11-27-81 through 11-27-89 for the purpose of acquiring 1803
land, property and/or rights-of-way in the county in which a 1804
project as defined in Section 57-75-5(f)(iv)(1) is located, that 1805
are necessary for such project or any facility related to the 1806
project. 1807
(f) To acquire by purchase or lease any public lands 1808
and public property, including sixteenth section lands and lieu 1809
lands, within the project area, which are necessary for the 1810
project. Sixteenth section lands or lieu lands acquired under 1811
this act shall be deemed to be acquired for the purposes of 1812
industrial development thereon and such acquisition will serve a 1813
higher public interest in accordance with the purposes of this 1814
act. 1815
(g) If the authority identifies any land owned by the 1816
state as being necessary, for the location or use of the project, 1817
or any facility related to the project, to recommend to the 1818
Legislature the conveyance of such land or any interest therein, 1819
as the Legislature deems appropriate. 1820
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(h) To make or cause to be made such examinations and 1821
surveys as may be necessary to the planning, design, construction 1822
and operation of the project. 1823
(i) From and after the date of notification to the 1824
authority by the enterprise that the state has been finally 1825
selected as the site of the project, to acquire by condemnation 1826
and to own, maintain, use, operate and convey or otherwise dispose 1827
of any and all property of any kind, real, personal or mixed, or 1828
any interest or estate therein, within the project area, necessary 1829
for the project or any facility related to the project, with the 1830
concurrence of the affected public agency, and the exercise of the 1831
powers granted by this act, according to the procedures provided 1832
by Chapter 27, Title 11, Mississippi Code of 1972, except as 1833
modified by this act. 1834
(i) Except as otherwise provided in subparagraph 1835
(iii) of this paragraph (i), in acquiring lands by condemnation, 1836
the authority shall not acquire minerals or royalties in minerals 1837
unless a competent registered professional engineer shall have 1838
certified that the acquisition of such minerals and royalties in 1839
minerals is necessary for purposes of the project; provided that 1840
limestone, clay, chalk, sand and gravel shall not be considered as 1841
minerals for the purposes of subparagraphs (i) and (ii) of this 1842
paragraph (i); 1843
(ii) Unless minerals or royalties in minerals have 1844
been acquired by condemnation or otherwise, no person or persons 1845
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owning the drilling rights or the right to share in production of 1846
minerals shall be prevented from exploring, developing, or 1847
producing oil or gas with necessary rights-of-way for ingress and 1848
egress, pipelines and other means of transporting interests on any 1849
land or interest therein of the authority held or used for the 1850
purposes of this act; but any such activities shall be under such 1851
reasonable regulation by the authority as will adequately protect 1852
the project contemplated by this act as provided in paragraph (r) 1853
of this section; and 1854
(iii) In acquiring lands by condemnation, 1855
including the exercise of immediate possession, for a project, as 1856
defined in Section 57-75-5(f)(iv)1, the authority may acquire 1857
minerals or royalties in minerals. 1858
(j) To negotiate the necessary relocation or rerouting 1859
of roads and highways, railroad, telephone and telegraph lines and 1860
properties, electric power lines, pipelines and related 1861
facilities, or to require the anchoring or other protection of any 1862
of these, provided due compensation is paid to the owners thereof 1863
or agreement is had with such owners regarding the payment of the 1864
cost of such relocation, and to acquire by condemnation or 1865
otherwise easements or rights-of-way for such relocation or 1866
rerouting and to convey the same to the owners of the facilities 1867
being relocated or rerouted in connection with the purposes of 1868
this act. 1869
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(k) To negotiate the necessary relocation of graves and 1870
cemeteries and to pay all reasonable costs thereof. 1871
(l) To perform or have performed any and all acts and 1872
make all payments necessary to comply with all applicable federal 1873
laws, rules or regulations including, but not limited to, the 1874
Uniform Relocation Assistance and Real Property Acquisition 1875
Policies Act of 1970 (42 USCS 4601, 4602, 4621 to 4638, and 4651 1876
to 4655) and relocation rules and regulations promulgated by any 1877
agency or department of the federal government. 1878
(m) To construct, extend, improve, maintain, and 1879
reconstruct, to cause to be constructed, extended, improved, 1880
maintained, and reconstructed, and to use and operate any and all 1881
components of the project or any facility related to the project, 1882
with the concurrence of the affected public agency, within the 1883
project area, necessary to the project and to the exercise of such 1884
powers, rights, and privileges granted the authority. 1885
(n) To incur or defray any designated portion of the 1886
cost of any component of the project or any facility related to 1887
the project acquired or constructed by any public agency. 1888
(o) (i) To lease, sell or convey any or all property 1889
acquired by the authority under the provisions of this act to the 1890
enterprise, its successors or assigns, and/or any entity for 1891
purposes in furtherance of economic development as determined by 1892
the authority, and in connection therewith to pay the costs of 1893
title search, perfection of title, title insurance and recording 1894
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fees as may be required. The authority may provide in the 1895
instrument conveying such property a provision that such property 1896
shall revert to the authority if, as and when the property is 1897
declared by the transferee to be no longer needed. 1898
(ii) To lease, sell, transfer or convey on any 1899
terms agreed upon by the authority any or all real and personal 1900
property, improvements, leases, funds and contractual obligations 1901
of a project as defined in Section 57-75-5(f)(vi) and conveyed to 1902
the State of Mississippi by a Quitclaim Deed from the United 1903
States of America dated February 23, 1996, filed of record at 1904
pages 511 to 524, Deed Book Number B179, Chancery Clerk's Office, 1905
Tishomingo County, Mississippi, to any governmental authority 1906
located within the geographic boundaries of the county wherein 1907
such project exists upon agreement of such governmental authority 1908
to undertake and assume from the State of Mississippi all 1909
obligations and responsibilities in connection with ownership and 1910
operation of the project. Property leased, sold, transferred or 1911
otherwise conveyed by the authority under this paragraph (o) shall 1912
be used only for economic development purposes. 1913
(p) To enter into contracts with any person or public 1914
agency, including, but not limited to, contracts authorized by 1915
Section 57-75-17, in furtherance of any of the purposes authorized 1916
by this act upon such consideration as the authority and such 1917
person or public agency may agree. Any such contract may extend 1918
over any period of time, notwithstanding any rule of law to the 1919
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contrary, may be upon such terms as the parties thereto shall 1920
agree, and may provide that it shall continue in effect until 1921
bonds specified therein, refunding bonds issued in lieu of such 1922
bonds, and all other obligations specified therein are paid or 1923
terminated. Any such contract shall be binding upon the parties 1924
thereto according to its terms. Such contracts may include an 1925
agreement to reimburse the enterprise, its successors and assigns 1926
for any assistance provided by the enterprise in the acquisition 1927
of real property for the project or any facility related to the 1928
project. 1929
(q) To establish and maintain reasonable rates and 1930
charges for the use of any facility within the project area owned 1931
or operated by the authority, and from time to time, to adjust 1932
such rates and to impose penalties for failure to pay such rates 1933
and charges when due. 1934
(r) To adopt and enforce with the concurrence of the 1935
affected public agency all necessary and reasonable rules and 1936
regulations to carry out and effectuate the implementation of the 1937
project and any land use plan or zoning classification adopted for 1938
the project area, including, but not limited to, rules, 1939
regulations, and restrictions concerning mining, construction, 1940
excavation or any other activity the occurrence of which may 1941
endanger the structure or operation of the project. Such rules 1942
may be enforced within the project area and without the project 1943
area as necessary to protect the structure and operation of the 1944
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project. The authority is authorized to plan or replan, zone or 1945
rezone, and make exceptions to any regulations, whether local or 1946
state, with the concurrence of the affected public agency which 1947
are inconsistent with the design, planning, construction or 1948
operation of the project and facilities related to the project. 1949
(s) To plan, design, coordinate and implement measures 1950
and programs to mitigate impacts on the natural environment caused 1951
by the project or any facility related to the project. 1952
(t) To develop plans for technology transfer activities 1953
to ensure private sector conduits for exchange of information, 1954
technology and expertise related to the project to generate 1955
opportunities for commercial development within the state. 1956
(u) To consult with the State Department of Education 1957
and other public agencies for the purpose of improving public 1958
schools and curricula within the project area. 1959
(v) To consult with the State Board of Health and other 1960
public agencies for the purpose of improving medical centers, 1961
hospitals and public health centers in order to provide 1962
appropriate health care facilities within the project area. 1963
(w) To consult with the Office of Minority Business 1964
Enterprise Development and other public agencies for the purpose 1965
of developing plans for technical assistance and loan programs to 1966
maximize the economic impact related to the project for minority 1967
business enterprises within the State of Mississippi. This 1968
paragraph shall not require or imply that the governing authority 1969
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of any state, county or municipal agencies, departments, 1970
institutions or offices, and its political subdivisions, are 1971
required to provide minority businesses with preferential 1972
treatment in regards to public contracts or purchases on the basis 1973
of race, ethnicity or sex of the business owner or owners. 1974
Notwithstanding any federal law to the contrary, minority 1975
set-aside contracts for public purchases by the governing 1976
authority of any state, county or municipal agencies, departments, 1977
institutions or offices, and its political subdivisions, are 1978
prohibited. 1979
(x) To deposit into the "Yellow Creek Project Area 1980
Fund" created pursuant to Section 57-75-31: 1981
(i) Any funds or aid received as authorized in 1982
this section for the project described in Section 57-75-5(f)(vi); 1983
and 1984
(ii) Any funds received from the sale or lease of 1985
property from the project described in Section 57-75-5(f)(vi) 1986
pursuant to the powers exercised under this section. 1987
(y) To manage and develop the project described in 1988
Section 57-75-5(f)(vi). 1989
(z) To promulgate rules and regulations necessary to 1990
effectuate the purposes of this act. 1991
(aa) To negotiate a fee-in-lieu with the owners of the 1992
project. 1993
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(bb) To enter into contractual agreements to warrant 1994
any site work for a project defined in Section 57-75-5(f)(iv)1; 1995
provided, however, that the aggregate amount of such warranties 1996
shall not exceed Fifteen Million Dollars ($15,000,000.00). 1997
(cc) To provide grant funds to an enterprise operating 1998
a project defined in Section 57-75-5(f)(iv)1 in an amount not to 1999
exceed Thirty-nine Million Dollars ($39,000,000.00). 2000
(dd) (i) To own surface water transmission lines 2001
constructed with the proceeds of bonds issued pursuant to this act 2002
and in connection therewith to purchase and provide water to any 2003
project defined in Section 57-75-5(f)(iv) and to certificated 2004
water providers; and 2005
(ii) To lease such surface water transmission 2006
lines to a public agency or public utility to provide water to 2007
such project and to certificated water providers. 2008
(ee) To provide grant funds to an enterprise operating 2009
a project defined in Section 57-75-5(f)(v) or, in connection with 2010
a facility related to such a project, for job training, recruiting 2011
and infrastructure. 2012
(ff) To enter into negotiations with persons proposing 2013
projects defined in Section 57-75-5(f)(xi) and execute acquisition 2014
options and conduct planning, design and environmental impact 2015
studies with regard to such project. 2016
(gg) To establish such guidelines, rules and 2017
regulations as the authority may deem necessary and appropriate 2018
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from time to time in its sole discretion, to promote the purposes 2019
of this act. 2020
(hh) In connection with projects defined in Section 2021
57-75-5(f)(ii): 2022
(i) To provide grant funds or loans to a public 2023
agency or an enterprise owning, leasing or operating a project 2024
defined in Section 57-75-5(f)(ii) in amounts not to exceed the 2025
amount authorized in Section 57-75-15(3)(b); 2026
(ii) To supervise the use of all such grant funds 2027
or loans; and 2028
(iii) To requisition money in the Mississippi 2029
Major Economic Impact Authority Revolving Loan Fund in connection 2030
with such loans. 2031
(ii) In connection with projects defined under Section 2032
57-75-5(f)(xiv): 2033
(i) To provide grant funds or loans to an 2034
enterprise owning, leasing or operating a project defined in 2035
Section 57-75-5(f)(xiv); however, the aggregate amount of any such 2036
loans under this paragraph (ii) shall not exceed Eighteen Million 2037
Dollars ($18,000,000.00) and the aggregate amount of any such 2038
grants under this paragraph (ii) shall not exceed Six Million 2039
Dollars ($6,000,000.00); 2040
(ii) To supervise the use of all such grant funds 2041
or loans; and 2042
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(iii) Notwithstanding any provision of this act to 2043
the contrary, such loans shall be for a term not to exceed twenty 2044
(20) years as may be determined by the authority, shall bear 2045
interest at such rates as may be determined by the authority, 2046
shall, in the sole discretion of the authority, be secured in an 2047
amount and a manner as may be determined by the authority. 2048
(jj) In connection with projects defined under Section 2049
57-75-5(f)(xviii): 2050
(i) To provide grant funds of Twenty-five Million 2051
Dollars ($25,000,000.00) to an enterprise owning or operating a 2052
project defined in Section 57-75-5(f)(xviii) to be used for real 2053
estate improvements and which may be disbursed as determined by 2054
the authority; 2055
(ii) To provide loans to an enterprise owning or 2056
operating a project defined in Section 57-75-5(f)(xviii) or make 2057
payments to a lender providing financing to the enterprise; 2058
subject to the following provisions: 2059
1. Not more than Ten Million Dollars 2060
($10,000,000.00) may be loaned to such an enterprise for the 2061
purpose of defraying costs incurred by the enterprise for site 2062
preparation and real property improvements during the construction 2063
of the project in excess of budgeted costs; however, the amount of 2064
any such loan shall not exceed fifty percent (50%) of such excess 2065
costs; 2066
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2. Not more than Sixty Million Dollars 2067
($60,000,000.00) may be loaned to such an enterprise or paid to a 2068
lender providing financing to the enterprise for purposes 2069
determined appropriate by the authority, and the enterprise shall 2070
be obligated to repay the amount of the loan or payment plus any 2071
expenses incurred by the state as a result of the issuance of 2072
bonds pursuant to Section 57-75-15(3)(p); however, no such loan or 2073
payment may be made before the beginning of the fifth year after 2074
issuance by the enterprise of debt in like amount the proceeds of 2075
which are to be used in connection with the project; 2076
(iii) To supervise the use of all such loan funds; 2077
(iv) Loans under this paragraph (jj) may be for 2078
any term determined appropriate by the authority provided that the 2079
payments on any loan must be in an amount sufficient to pay the 2080
state's debt service on bonds issued for the purpose of providing 2081
funds for such a loan; and 2082
(v) The repayment obligation of the enterprise for 2083
any loan or payment authorized under this paragraph (jj) shall, in 2084
the discretion of the authority, be secured in an amount and a 2085
manner as may be determined by the authority. 2086
(kk) In connection with projects defined in Section 2087
57-75-5(f)(xxi) or a facility related to such a project: 2088
(i) To provide grant funds to reimburse public 2089
agencies, Itawamba Community College, Northeast Mississippi 2090
Community College, and/or East Mississippi Community College, 2091
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public or private nonprofits or an enterprise owning or operating 2092
a project as defined in Section 57-75-5(f)(xxi) for site 2093
preparation, real estate improvements, utilities, railroads, 2094
roads, infrastructure, job training, recruiting and any other 2095
expenses approved by the authority in amounts not to exceed the 2096
amount authorized in Section 57-75-15(3)(s); 2097
(ii) To supervise the use of all such grant funds 2098
so reimbursed; and 2099
(iii) To enter into contractual agreements to 2100
warrant site preparation and availability for a project defined in 2101
Section 57-75-5(f)(xxi). 2102
(ll) In connection with a project related to a Tier One 2103
supplier: 2104
(i) To provide grant funds to reimburse public 2105
agencies, public or private nonprofits and Tier One suppliers for 2106
site preparation, real estate improvements, utilities, railroads, 2107
roads, infrastructure, job training, recruiting and any other 2108
expenses approved by the authority in amounts not to exceed the 2109
amount authorized in Section 57-75-15(3)(t); 2110
(ii) To supervise the use of all such grant funds 2111
so reimbursed. 2112
(mm) In connection with projects defined in Section 2113
57-75-5(f)(xxii) or a facility related to such a project: 2114
(i) To provide grant funds to reimburse public 2115
agencies or an enterprise owning or operating a project as defined 2116
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in Section 57-75-5(f)(xxii) for site preparation, real estate 2117
improvements, utilities, fire protection, wastewater, railroads, 2118
roads, infrastructure, job training, recruiting and any other 2119
expenses approved by the authority in amounts not to exceed the 2120
amount authorized in Section 57-75-15(3)(u); and 2121
(ii) To supervise the use of all such grant funds 2122
so reimbursed. 2123
(nn) It is the policy of the authority and the 2124
authority is authorized to accommodate and support any enterprise 2125
owning or operating a project defined in Section 2126
57-75-5(f)(xviii), 57-75-5(f)(xxi), 57-75-5(f)(xxii), 2127
57-75-5(f)(xxvi), 57-75-5(f)(xxvii), 57-75-5(f)(xxviii), 2128
57-75-5(f)(xxix), 57-75-5(f)(xxx), 57-75-5(f)(xxxi), 2129
57-75-5(f)(xxxii) or 57-75-5(f)(xxxiii), or an enterprise 2130
developing or owning a project defined in Section 57-75-5(f)(xx), 2131
that wishes to have a program of diversity in contracting, and/or 2132
that wishes to do business with or cause its prime contractor to 2133
do business with Mississippi companies, including those companies 2134
that are small business concerns owned and controlled by socially 2135
and economically disadvantaged individuals. The term "socially 2136
and economically disadvantaged individuals" shall have the meaning 2137
ascribed to such term under Section 8(d) of the Small Business Act 2138
(15 USCS 637(d)) and relevant subcontracting regulations 2139
promulgated pursuant thereto; except that women shall be presumed 2140
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to be socially and economically disadvantaged individuals for the 2141
purposes of this paragraph. 2142
(oo) To provide grant funds to an enterprise developing 2143
or owning a project defined in Section 57-75-5(f)(xx) for 2144
reimbursement of costs incurred by such enterprise for 2145
infrastructure improvements in the initial phase of development of 2146
the project, upon dedication of such improvements to the 2147
appropriate public agency. 2148
(pp) In connection with projects defined in Section 2149
57-75-5(f)(xxiii): 2150
(i) To provide grant funds to reimburse public 2151
agencies or an enterprise operating a project as defined in 2152
Section 57-75-5(f)(xxiii) for site preparation, utilities, real 2153
estate improvements, infrastructure, roads, public works, job 2154
training and any other expenses approved by the authority in 2155
amounts not to exceed the amount authorized in Section 2156
57-75-15(3)(v); and 2157
(ii) To supervise the use of all such grant funds 2158
so reimbursed. 2159
(qq) (i) To provide grant funds for the expansion of a 2160
publicly owned building for the project defined in Section 2161
57-75-5(f)(xxiv) or loans to an enterprise owning, leasing or 2162
operating a project defined in Section 57-75-5(f)(xxiv) for the 2163
purchase and/or relocation of equipment, or for any other purpose 2164
related to the project as approved by the authority; however, the 2165
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aggregate amount of any such loans under this paragraph (qq) shall 2166
not exceed Six Million Dollars ($6,000,000.00) and the aggregate 2167
amount of any such grants under this paragraph (qq) shall not 2168
exceed Seven Million Dollars ($7,000,000.00); 2169
(ii) To supervise the use of all such grant funds 2170
or loans; and 2171
(iii) Notwithstanding any provision of this act to 2172
the contrary, such loans shall be for a term not to exceed ten 2173
(10) years as may be determined by the authority, shall bear a 2174
rate of interest to be determined by the authority, and shall be 2175
secured in an amount and a manner as may be determined by the 2176
authority. 2177
(rr) (i) To provide grant funds to an enterprise 2178
owning or operating a project defined in Section 57-75-5(f)(xxv) 2179
for reimbursement of costs incurred by the enterprise in 2180
reconfiguring the manufacturing plant and for the purchase of 2181
equipment, or for any other purpose related to the project as 2182
approved by the authority; 2183
(ii) To supervise the use of all such grant funds. 2184
(ss) In connection with projects defined under Section 2185
57-75-5(f)(xxvi): 2186
(i) To provide grant funds and/or loans to a 2187
public agency in an amount not to exceed Fifteen Million Dollars 2188
($15,000,000.00) for the construction of a publicly owned building 2189
to be leased by the enterprise owning or operating the project; 2190
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(ii) To provide loan guarantees in an amount not 2191
to exceed the total cost of the project for which financing is 2192
sought or Twenty Million Dollars ($20,000,000.00), whichever is 2193
less, for the purpose of encouraging the extension of conventional 2194
financing and the issuance of letters of credit to the enterprise 2195
owning or operating the project; 2196
(iii) In connection with any loan guarantee made 2197
pursuant to this paragraph, to make payments to lenders providing 2198
financing to the enterprise owning or operating the project and 2199
the enterprise shall be obligated to repay the amount of the 2200
payment plus any expenses incurred by the state as a result of the 2201
issuance of bonds pursuant to Section 57-75-15(3)(y); 2202
(iv) To supervise the use of all such grant funds, 2203
loan funds or payments; and 2204
(v) To require the enterprise owning or operating 2205
the project to provide security for the repayment obligation for 2206
any loan guarantee authorized under this paragraph in an amount 2207
and in a manner as may be determined by the authority. 2208
(tt) In connection with projects defined under Section 2209
57-75-5(f)(xxvii): 2210
(i) To provide loans to a public agency in an 2211
amount not to exceed Fifty Million Dollars ($50,000,000.00) for 2212
the construction of a publicly owned building and acquisition of 2213
equipment to be leased by the enterprise owning or operating the 2214
project; and 2215
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(ii) To supervise the use of all such loan funds. 2216
(uu) In connection with projects defined under Section 2217
57-75-5(f)(xxviii): 2218
(i) To provide grant funds to reimburse public 2219
agencies or an enterprise operating a project for site 2220
preparation, utilities, real estate purchase and improvements, 2221
infrastructure, roads, rail improvements, public works, job 2222
training and any other expenses approved by the authority in 2223
amounts not to exceed the amount authorized in Section 2224
57-75-15(3)(aa); 2225
(ii) To supervise the use of all such grant funds 2226
so reimbursed. 2227
(vv) In connection with projects defined under Section 2228
57-75-5(f)(xxix): 2229
(i) To provide grant funds to reimburse or 2230
otherwise defray the costs incurred by public agencies or an 2231
enterprise operating a project for site preparation, utilities, 2232
real estate purchases, purchase options and improvements, 2233
infrastructure, roads, rail improvements, public works, buildings 2234
and fixtures, job recruitment and training, as well as planning, 2235
design, environmental mitigation and environmental impact studies 2236
with respect to a project, and any other purposes approved by the 2237
authority in amounts not to exceed the amount authorized in 2238
Section 57-75-15(3)(bb); 2239
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(ii) To provide loans to public agencies for site 2240
preparation, utilities, real estate purchases, purchase options 2241
and improvements, infrastructure, roads, rail improvements, public 2242
works, buildings and fixtures, job recruiting and training, as 2243
well as planning, design, environmental mitigation and 2244
environmental impact studies with respect to a project, and any 2245
other purposes approved by the authority in amounts not to exceed 2246
the amount authorized in Section 57-75-15(3)(bb); 2247
(iii) To supervise the use of all such grant funds 2248
so reimbursed and/or loans so made; and 2249
(iv) To the extent that the authority enters into 2250
any construction or similar contract for site preparation work or 2251
for the construction of any improvements on a project site, to 2252
assign or otherwise transfer to an enterprise or affiliate thereof 2253
that owns or operates such a project on such project site any and 2254
all contractual, express or implied warranties of any kind arising 2255
from such contract or work performed or materials purchased in 2256
connection therewith, and cause any such contract to contain terms 2257
and provisions designating such enterprise as a third-party 2258
beneficiary under the contract. 2259
(ww) In connection with projects defined under Section 2260
57-75-5(f)(xxx): 2261
(i) To provide grant funds to reimburse or 2262
otherwise defray the costs incurred by public agencies or an 2263
enterprise operating a project for public infrastructure needs, 2264
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site preparation, building improvements, purchase of launch 2265
systems, recruitment of employees to fill new full-time jobs, 2266
providing internal company training and train prospective, new and 2267
existing employees of the enterprise associated with the project, 2268
including training of company employees who will utilize such 2269
instruction to teach other prospective, new and existing employees 2270
of the company and other workforce expenses and any other expenses 2271
approved by the authority in amounts not to exceed the amount 2272
authorized in Section 57-75-15(3)(cc); and 2273
(ii) To supervise the use of all such grant funds 2274
so reimbursed. 2275
(xx) In connection with projects defined under Section 2276
57-75-5(f)(xxxi): 2277
(i) To provide grant funds to reimburse or 2278
otherwise defray the costs incurred by public agencies or any 2279
enterprise operating one or more such projects for site 2280
preparation, utilities, real estate purchases, purchase options 2281
and improvements, infrastructure, utilities, roads, rail 2282
improvements, public works, buildings and fixtures, job 2283
recruitment and training, as well as planning, design, 2284
environmental mitigation and environmental impact studies with 2285
respect to a project, and any other purposes approved by the 2286
authority in amounts not to exceed the amount authorized in 2287
Section 57-75-15(3)(dd); 2288
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(ii) To provide loans to public agencies for site 2289
preparation, utilities, real estate purchases, purchase options 2290
and improvements, infrastructure, roads, rail improvements, public 2291
works, buildings and fixtures, job recruiting and training, as 2292
well as planning, design, environmental mitigation and 2293
environmental impact studies with respect to a project, and any 2294
other purposes approved by the authority in amounts not to exceed 2295
the amount authorized in Section 57-75-15(3)(dd). 2296
(yy) (i) In connection with projects defined under 2297
Section 57-75-5(f)(xxxi), the authority is further authorized to 2298
provide to the enterprises operating one or more of the projects, 2299
an annual grant in an amount not to exceed three and one-half 2300
percent (3.5%) of the additional payroll for a period of ten (10) 2301
consecutive years. Each such aggregate annual grant amount shall 2302
be remitted to one or more of the enterprises and/or one or more 2303
of their affiliates, in such sub-amounts as the enterprises shall 2304
collectively direct, or that their common direct or indirect 2305
parent company shall direct, in writing, to the authority each 2306
year during such ten-year period. The ten-year period for the 2307
series of ten (10) annual grants authorized by this paragraph (yy) 2308
shall commence no later than January 1, 2029. 2309
(ii) In the event that the annual number of 2310
full-time jobs maintained or caused to be maintained by the 2311
enterprises operating one or more projects and/or one or more 2312
affiliates thereof falls below the minimum annual number of 2313
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full-time jobs required by the authority pursuant to a written 2314
agreement between the authority and the enterprises and/or any 2315
affiliate thereof for one or more years, the annual grant 2316
authorized by this paragraph (yy) may be reduced or suspended by 2317
the authority until the first calendar year during which the 2318
annual number of full-time jobs maintained or caused to be 2319
maintained by the enterprises and/or their affiliates reaches the 2320
minimum annual number of full-time jobs required by the authority 2321
pursuant to the written agreement. 2322
(iii) The annual grants authorized by this 2323
paragraph (yy) may be funded from the proceeds of bonds issued 2324
pursuant to Section 57-75-15(3)(dd); provided that the aggregate 2325
amount of the annual grants over the entire ten-year period shall 2326
not exceed Forty-five Million Dollars ($45,000,000.00). 2327
(iv) For purposes of this paragraph (yy): 2328
1. "Additional payroll" shall mean the sum of 2329
the annual payroll amount (i.e., all annual employee income that 2330
is subject to State of Mississippi and/or federal income taxation) 2331
for any calendar year beginning January 1, 2023, which is 2332
associated with full-time jobs created and maintained by all 2333
enterprises that undertake any project and/or by any affiliates 2334
thereof, in excess of the amount the annualized payroll (i.e., all 2335
annual employee income that is subject to State of Mississippi 2336
and/or federal income taxation), which is associated with 2337
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employees employed in the State of Mississippi by such enterprises 2338
or their affiliates as of September 30, 2022; and 2339
2. "Base payroll level" shall mean the 2340
annualized payroll amount (i.e., all annual employee income that 2341
is subject to State of Mississippi and/or federal income taxation) 2342
paid to employees employed in the State of Mississippi by all 2343
enterprises that undertake any project and/or by any affiliates 2344
thereof during the twelve-month period ending on September 30, 2345
2022. 2346
(v) The Mississippi Development Authority may 2347
promulgate rules and regulations necessary to administer the 2348
provisions of this paragraph (yy) and may otherwise administer and 2349
prescribe rules and restrictions with respect to the annual grant 2350
authorized by this paragraph (yy) pursuant to a written agreement 2351
between the authority and any enterprises operating one or more 2352
projects and/or any affiliate thereof. 2353
(zz) In connection with a project defined under Section 2354
57-75-5(f)(xxxii): 2355
(i) To provide grant funds to reimburse or 2356
otherwise defray the costs incurred by public agencies or any 2357
enterprise operating one or more such projects for site 2358
preparation, utilities, real estate purchases, purchase options 2359
and improvements, infrastructure, utilities, roads, rail 2360
improvements, public works, buildings and fixtures, job 2361
recruitment and training, as well as planning, design, 2362
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environmental mitigation and environmental impact studies with 2363
respect to a project, and any other purposes approved by the 2364
authority in amounts not to exceed the amount authorized in 2365
Section 57-75-15(3)(ee); 2366
(ii) To provide loans, grants and other funds to 2367
public agencies for site preparation, utilities, real estate 2368
purchases, purchase options and improvements, infrastructure, 2369
roads, rail improvements, public works, buildings and fixtures, 2370
job recruiting and training, as well as planning, design, 2371
environmental mitigation and environmental impact studies with 2372
respect to a project, and any other purposes approved by the 2373
authority in amounts not to exceed the amount authorized in 2374
Section 57-75-15(3)(ee). 2375
(aaa) In connection with a project defined under 2376
Section 57-75-5(f)(xxxiii): 2377
(i) To provide grant funds to reimburse or 2378
otherwise defray the costs incurred by public agencies or any 2379
enterprise operating one or more such projects for site 2380
preparation, utilities, real estate purchases, purchase options 2381
and improvements, infrastructure, utilities, roads, rail 2382
improvements, public works, buildings and fixtures, job 2383
recruitment and training, as well as planning, design, 2384
environmental mitigation and environmental impact studies with 2385
respect to a project, and any other purposes approved by the 2386
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authority in amounts not to exceed the amount authorized in 2387
Section 57-75-15(3)(ff); and 2388
(ii) To provide loans to public agencies for site 2389
preparation, utilities, real estate purchases, purchase options 2390
and improvements, infrastructure, roads, rail improvements, public 2391
works, buildings and fixtures, job recruiting and training, as 2392
well as planning, design, environmental mitigation and 2393
environmental impact studies with respect to a project, and any 2394
other purposes approved by the authority in amounts not to exceed 2395
the amount authorized in Section 57-75-15(3)(ff). 2396
(aab) (i) In addition to any other requirements or 2397
conditions under this chapter, the authority shall require that 2398
any application required by the authority for assistance regarding 2399
a project under this chapter include, at a minimum: 2400
1. A two-year business plan (which shall 2401
include pro forma balance sheets, income statements and monthly 2402
cash flow statements); 2403
2. Financial statements or tax returns for 2404
the three (3) years immediately prior to the application (if the 2405
project is a new company or enterprise, personal financial 2406
statements or tax returns will be required); 2407
3. Credit reports on all persons or entities 2408
with a twenty percent (20%) or greater interest in the project; 2409
4. Data supporting the expertise of the 2410
project's principals; 2411
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5. A cost-benefit analysis of the project 2412
performed by a state institution of higher learning or other 2413
entity selected by the authority; and 2414
6. Any other information required by the 2415
authority. 2416
(ii) The authority shall require that binding 2417
commitments be entered into requiring that: 2418
1. The applicable minimum requirements of 2419
this chapter and such other requirements as the authority 2420
considers proper shall be met; and 2421
2. If the agreed upon commitments are not 2422
met, all or a portion of the funds provided under this chapter as 2423
determined by the authority shall be repaid. 2424
(iii) Where appropriate, in the discretion of the 2425
authority, the authority shall acquire a security interest in or 2426
other lien upon any applicable collateral. 2427
(iv) The provisions of this paragraph (xx) shall 2428
not apply to a project defined in Section 57-75-5(f)(xxiii). 2429
SECTION 8. Section 57-75-21, Mississippi Code of 1972, is 2430
amended as follows: 2431
57-75-21. (1) (a) The authority shall * * * monitor the 2432
planning, construction, training, research, development, testing, 2433
evaluation, personal services, procurement, and for the operation 2434
and maintenance of any facilities or activities controlled by such 2435
authority, with minority small business concerns owned and 2436
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controlled by socially and economically disadvantaged individuals. 2437
For the purpose of determining the total amounts expended with 2438
such minority small business concerns, credit shall be given for 2439
that portion of any prime contract entered into with the authority 2440
which inures to the benefit of such minority small business 2441
concern as a subcontractor thereunder. 2442
(b) For the purposes of this section, the term 2443
"socially and economically disadvantaged individuals" shall have 2444
the meaning ascribed to such term under Section 8(d) of the Small 2445
Business Act (15 USCS, Section 637(d)) and relevant subcontracting 2446
regulations promulgated pursuant thereto. 2447
(c) For the purposes of this section, the term 2448
"minority small business concern" means any small business 2449
concern: 2450
(i) Which is at least fifty-one percent (51%) 2451
owned by one or more socially and economically disadvantaged 2452
individuals; or, in the case of any publicly owned businesses, at 2453
least fifty-one percent (51%) of the stock of which is owned by 2454
one or more socially and economically disadvantaged individuals; 2455
and 2456
(ii) Whose management and daily business 2457
operations are controlled by one or more of such individuals. 2458
(d) For the purpose of this section, the term "small 2459
business concern" shall mean "small business" as the latter term 2460
is defined in Section 57-10-155, Mississippi Code of 1972. 2461
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(2) * * * The provisions of this section shall not be 2462
interpreted to require or imply that the governing authority of 2463
any state, county or municipal agencies, departments, institutions 2464
or offices, and its political subdivisions, are required to 2465
provide minority small businesses with preferential treatment in 2466
regards to public contracts or purchases on the basis of race, 2467
ethnicity or sex of the business owner or owners. Notwithstanding 2468
any federal law to the contrary, minority set-aside contracts for 2469
public purchases by the governing authority of any state, county 2470
or municipal agencies, departments, institutions or offices, and 2471
its political subdivisions, are prohibited. 2472
(3) The authority shall: 2473
(a) Monitor the minority small business concerns 2474
assistance programs prescribed in this section. 2475
(b) Review and determine the business capabilities of 2476
minority small business concerns. 2477
(c) Establish standards for a certification procedure 2478
for minority small business concerns seeking to do business with 2479
the authority. 2480
(d) Provide technical assistance services to minority 2481
small business concerns. Such technical assistance shall include 2482
but not be limited to: 2483
(i) Research; 2484
(ii) Assistance in obtaining bonds; 2485
(iii) Bid preparation; 2486
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(iv) Certification of business concerns; 2487
(v) Marketing assistance; and 2488
(vi) Joint venture and capital development. 2489
(e) Develop alternative bidding and contracting 2490
procedures for minority small business concerns in conjunction 2491
with the State Fiscal Management Board and the Governor's Office 2492
of General Services. 2493
(f) Utilize such alternative bidding and contracting 2494
procedures in lieu of those prescribed in Title 31, Chapters 5 and 2495
7, Mississippi Code of 1972, when contracting with minority small 2496
business concerns that have qualified to bid for contracts and 2497
have satisfied any other disclosure provisions required by the 2498
authority. 2499
(g) Be authorized to accept in lieu of any bond 2500
otherwise required from minority small business concerns or small 2501
business concerns contracting with the authority, in an amount 2502
equal to one hundred percent (100%) of the total cost of the 2503
contracted project, any combination of the following: 2504
(i) Cash; 2505
(ii) Certificates of deposit from any bank or 2506
banking corporation insured by the Federal Deposit Insurance 2507
Corporation or the Federal Savings and Loan Insurance Corporation; 2508
(iii) Federal treasury bills; 2509
(iv) Letters of credit issued by a bank as that 2510
term is defined in Section 81-3-1, Mississippi Code of 1972; or 2511
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(v) Surety bonds issued by an insurance company 2512
licensed and qualified to do business in the State of Mississippi. 2513
(h) Be authorized, in its discretion, to waive any bond 2514
required on any project which does not exceed a total dollar value 2515
of One Hundred Thousand Dollars ($100,000.00). A retainage shall 2516
be held by the authority in an amount not to exceed fifteen 2517
percent (15%) from each draw according to American Institute of 2518
Architects (AIA) standards. Upon satisfactory completion of such 2519
project, ten percent (10%) of the total cost of the contract shall 2520
be held in an interest-bearing escrow account for one (1) year. 2521
Funds deposited in such escrow account shall stand as a surety for 2522
any defects in workmanship or materials detected within twelve 2523
(12) months of completion. The balance of all monies so escrowed 2524
including accrued interest shall be paid to the contractor at the 2525
end of such twelve-month period. 2526
(i) Be empowered to provide an incentive of bimonthly 2527
payments to any prime contractors utilizing minority small 2528
business concerns as subcontractors on twenty-five percent (25%) 2529
or more of the total dollar value of any single project or 2530
contract. 2531
(j) Submit an annual report on its progress concerning 2532
minority small business contracts to the Legislature by January 30 2533
of each year. 2534
(k) Take all steps necessary to implement the 2535
provisions of this section. 2536
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ST: Public contracts; prohibit preferential
treatment based on race, ethnicity or sex.
SECTION 9. This act shall take effect and be in force from 2537
and after July 1, 2026. 2538