Docstoc

Mississippi Statutes

Document Sample
Mississippi Statutes Powered By Docstoc
					             American Bar Association: Public Contract Law Section
                          Mississippi State Procurement Rules and Regulations

                                          Prepared by
                                  George M. Simmerman, Jr.
                                     Mississippi State Chair
                                Section of Public Contract Law
                           With assistance from Rebecca McLaughlin



MISSISSIPPI CONSTITUTION

The Mississippi Constitution is available online and can be viewed through the Mississippi
Secretary of State's Office [ http://www.sos.state.ms.us/ ]. It can also be viewed from the
University of Mississippi's website
http://www.olemiss.edu/depts/law_lib_research/laws/msconst.html

MISSISSIPPI STATUTES

The Mississippi Code is organized into books (volumes) that are then subdivided into "sections". The
Mississippi Code is available online and can be accessed through the Mississippi Secretary of State's
Office [ http://www.sos.state.ms.us/ ] that provides a link to Lexis (fee required). The Code can also be
viewed online for a nominal fee at the Mississippi Lawyers Domain [ http://www.mslawyer.com/ ]. The
Mississippi Code is also available via the Mississippi Lawyers World Wide Web Domain, maintained
by LawNetCom, Inc. that is a free service and can be viewed at: http://www.mscode.com/free/statutes/.

Mississippi's procurement laws are found in the Public Purchases volume of the Code, Volume
31 (Mississippi Code Titles 29 and 31, primarily Sections 29-17-1 through 31-31-41). Volumes
23 through 25 of the Code contain statutes relating to Regulation of Trade, Commerce and
Investments, including the UCC.

MISSISSIPPI REGULATIONS

Mississippi's procurement regulations are compiled in the Procurement Manual by the Secretary of
State, through the Department of Finance and Administration, Office of Purchasing and Travel. This
information, along with other procurement-related documentation can be found online at
http://www.mmrs.state.ms.us/Purchasing/ms_pur.htm. This cite also provides access to bid
opportunities, state contracts, vendor services and a Vendor Guide - How to do Business with the State.
[See also Mississippi Code Section 27-104-7 that created the Public Procurement Review Board].

The Procurement Manual, Chapter VI, Legal and Contractual Remedies, outlines procedures to
be followed in bid protest matters and where the State and a contractor have a dispute. A dispute
begins with the state agency dealing with the subject matter of the purchase. The Chief
Procurement Officer and/or head of a purchasing agency have the authority to settle and resolve
a protest/dispute. If the controversy cannot be resolved at an informal hearing by mutual
agreement, the Procurement Officer will issue a written decision that can then be
administratively appealed to the Public Procurement Review Board. The Public Procurement
Review Board will then issue a final decision. Thereafter, any person receiving an adverse
decision, the State, or both may appeal from a decision by the Public Procurement Review Board
to the designated court or courts of the State. Written decisions by the Agency Procurement
Officer and the Public Procurement Review Board are not available online, but may be obtained
directly from the Office of Purchasing and Travel and/or the Public Procurement Review Board.


MISSISSIPPI ADMINISTRATIVE REGULATIONS

The Mississippi Administrative Procedures Law designates the Secretary of State's Office as the
official registrar for the rules of all state agencies. Each state agency proposes its own rules and
regulations, seeks public comment on the proposed changes, and ultimately adopts the final rules
or regulations. [http://www.sos.state.ms.us]. The Mississippi Administrative Procedure Act is
located in the Mississippi Code at Section 25-43-1, et seq.
[[http://www.mscode.com/free/statutes/]. Administrative regulations can also be viewed at
http://www.mslawyer.com/statedept/lncmac.htm].

LINKS TO SELECTED PURCHASING SITES

Mississippi Contract Procurement Center
http://www.mscpc.com/

Mississippi Association of Governmental Purchasing/Property Agents
http://www.magppa.state.ms.us/

Department of Information Technology Services
http://www.its.state.ms.us/

National Association of State Procurement Officials
http://www.naspo.org/

National Institute of Governmental Purchasing h
http://www.nigp.org/

Official State Web Site of Mississippi
http://www.ms.gov/


LINKS TO MISSISSIPPI COURT DECISIONS

U. S. Court of Appeals for 5th Circuit
http://www.ca5.uscourts.gov/

Official Mississippi Supreme Court
http://www.mssc.state.ms.us/


USDC for the Northern District of Mississippi
http://www.msnd.uscourts.gov/
USDC for the Southern District of Mississippi
http://www.mssd.uscourts.gov/

Mississippi Lawyers Domain
http://www.mslawyer.com/

The Mississippi Bar Online
http://www.msbar.org/


OTHER MISSISSIPPI RESOURCES

Mississippi Attorney General Opinions - http://www.agopin.state.ms.us/ or
http://www.mslawyer.com/ag/ag/.

Mississippi Legislative Bill Status System - http://www.billstatus.ls.state.ms.us/.

OTHER WEBSITES TO MISSISSIPPI RESOURCES

The following websites provide access to the Constitution, Bills & Session Laws, Codified Laws,
Court Rules, Administrative Law, Local Laws, Law Reviews, Legal Forms, Rules of Practice
and Procedure, Opinions, Decisions, Municipal Codes, Mississippi Officials, Mississippi
Administrative Agencies, Mississippi Boards & Commissions, Mississippi Legislature, and other
legal related resources:
http://www.legaltrek.com/?HELPSITE/States/State_Contents/Mississippi.htm
http://www.lawsource.com/also/usa.cgi?ms