MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Blackmon

AN ACT TO PROVIDE THAT STATE AGENCIES MAY USE PRIVATE CONSULTANTS ONLY IF NECESSARY CONSULTING SERVICES CANNOT BE PERFORMED USING AGENCY PERSONNEL OR THROUGH A CONTRACT WITH ANOTHER STATE AGENCY; TO ESTABLISH A PROCEDURE TO BE FOLLOWED BY STATE AGENCIES TO PROCURE CONSULTING SERVICES; TO PROVIDE FOR ADMINISTRATION OF THE PROVISIONS OF THIS ACT BY THE STATE PERSONNEL BOARD; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. For the purpose of this act the following terms shall have the meanings ascribed herein:

(a) "Consulting service" means the human service of studying or advising a state agency under a contract that does not involve the traditional relationship of employer and employee.

(b) "Private consultant" means an individual or entity that performs or proposes to perform consulting services.

(c) "State agency" means any agency, department, institution, board or commission of the State of Mississippi the jurisdiction of which is not limited to a particular geographical portion of the state. The term includes state institutions of higher learning.

SECTION 2. (1) A state agency may use a private consultant only if:

(a) There is a substantial need for the consulting services; and

(b) The state agency cannot adequately perform the consulting services with its own personnel or through a contract with another state agency.

(2) In selecting a private consultant, a state agency shall:

(a) Base its choice on demonstrated competence, knowledge and qualifications, and on the reasonableness of the proposed fee for the services; and

(b) When other considerations are equal, give a preference to a private consultant whose principal place of business is within the state or who will manage the consulting engagement wholly from one of its offices within the state.

SECTION 3. (1) Before contracting with a private consultant a state agency shall (a) notify the State Personnel Board of the agency's intent to contract with a private consultant, (b) supply the State Personnel Board with information that the agency has complied or will comply with Section 2 of this act, and (c) obtain a finding of fact from the State Personnel Board that the consulting services are necessary.

(2) A consulting services contract executed by a state agency without following the procedure described in subsection (1) of this section, even if otherwise authorized in the Mississippi Code of 1972, is void; and the State Fiscal Officer shall not issue any warrant to satisfy an obligation under such a contract, and a state agency shall not make any payment under such a contract.

SECTION 4. If a contract involves both consulting services and other types of services, then this act applies if the primary objective of the contract is the purchase of consulting services.

SECTION 5. The State Personnel Board shall promulgate any rules and regulations necessary for the implementation of the provisions of this act.

SECTION 6. This act shall take effect and be in force from and after July 1, 1997.