Section 27-100-1-201 - DEFINITIONS The words defined in this section shall have the meaning set forth below whenever they appear in the regulations, unless:
(a) the context in which they are used clearly requires a different meaning; or, (b) a different definition is prescribed for a particular chapter or provision. 1-201.01Definition of Terms Used in the Regulations(a)Agency shall be defined as any state board, commission, committee, council, department or unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof, Institutes of Higher Learning, Community College Board, and the Mississippi Department of Transportation. (b)Agency Head means the person in charge of an Agency whether that person's title is Director, Executive Director, Commissioner, etc. The term "Agency Head" shall also encompass a designee duly appointed by the Agency Head, except with regard to written determinations under Section 3-206 (Sole-Source Procurement) and Section 3-207 (Emergency Procurement). (c)Board shall mean the Personal Service Contract Review Board. (d)Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other nonpublic legal entity. (e)Change Order means a written order signed by the Procurement Officer directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor. (f)Consultant means the person holding the position as Contract Analyst with the PSCRB. (g)Contract means all types of agreement for the procurement of services, regardless of what they may be called between at least two parties. (h)Contract Modification means any written alteration in contract requirements, deliverables, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. (i)Contractor means any person having a contract with a governmental body. (j)Data means recorded information, regardless of form or characteristic. (k)Day means calendar day, unless otherwise specified. (l)Designee means a duly authorized representative of a person holding a superior position. (m)Employee means an individual who performs services for a governmental body by virtue of an employee/employer relationship with the governmental body. (n)May denotes the permissive. (o)MAGIC means Mississippi's Accountability System for Government Information and Collaboration. See SPAHRS. (p)Person means any business, individual, union, committee, club, other organization, or group of individuals. (q)Procurement means buying, purchasing, or otherwise acquiring any services. It also includes all functions that pertain to the obtaining of any services, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. (r)Procurement Officer means any agency personnel duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized agency representative acting within the limits of authority. (s)Purchasing Agency means any governmental body which is authorized by regulations to enter into contracts. (t)Regulation means a governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret, or prescribe law or policy, or describing organization, procedure, or practice requirements, which has been promulgated in accordance with the Mississippi Administrative Procedures Act, Mississippi Code Annotated §§ 25-43-1et seq.(u)Services mean the furnishing of labor, time, or effort by a contractor, not usually involving the delivery of a specific end product other than that which is incidental to the required performance. (v)Shall denotes the imperative. (w)SPAHRS means the State Payroll and Human Resources System or any other state system that replaces SPAHRS, including Mississippi's Accountability System for Government Information and Collaboration (hereinafter referred to as "MAGIC"). 27 Miss. Code. R. 100-1-201