MCA Chapter 39

in effect

Miss. Code Ann. § 37-39-1 Definitions.

The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section: “Perishables” shall mean items which have a variable market price on which vendors are unable to submit a long-range price such as fruits and vegetables; “Purchasing agent” shall mean the superintendent, or other individual or individuals designated by the school board or by the school boards acting jointly as its agent or agents to negotiate and make private contract or to purchase; “School boards” shall mean the local governing boards of all school districts in the state, whether they act jointly or separately; “Services” shall mean maintenance, operational and scholastic services utilized within and for the school district or school districts.

Miss. Code Ann. § 37-39-3 Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981. [Codes, 1942, § 6231-10; Laws, 1964, ch. 396, § 10; Laws, 1973, ch. 334, § 1]

Miss. Code Ann. § 37-39-5 School boards shall make and maintain list of supplies and equipment regularly used in schools.

It shall be the duty of each school board to make or cause to be made, a list of supplies and equipment, including quality specifications when applicable, regularly used in the schools under its supervision, and to maintain such a list in the office of the school district or county superintendent of education or other executive officer of the board. Such list shall be used by the board in obtaining competitive bids for supplies or equipment to be purchased, and shall be available to any interested persons.

Miss. Code Ann. § 37-39-7 Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981. § 37-39-7 . [Codes, 1942, § 6231-02; Laws, 1964, ch. 396, § 2; Laws, 1977, ch. 342] § 37-39-9 . [Codes, 1942, § 6231-05; Laws, 1964, ch. 396, § 5; Laws, 1974, ch. 379; Laws, 1976, ch. 462, § 4] § 37-39-11 . [Codes, 1942, § 6231-04; Laws, 1964, ch. 396, § 4] § 37-39-13 . [Codes, 1942, § 6231-06; Laws, 1964, ch. 396, § 6] Editor’s Notes — Former Section 37-39-7 specified when competitive bids were required and provided that contracts were to go to the lowest and best bidder. Former Section 37-39-9 authorized the designation of purchasing agents, specified their authority, and provided for emergency purchasing procedures. Former Section 37-39-11 required that notice of intention to let contracts or to make purchases be given by publication or posting. Former Section 37-39-13 exempted certain non-competitive items and items with fixed prices from competitive bidding requirements.

Miss. Code Ann. § 37-39-15 Purchase of supplies or equipment for schools.

In connection with the purchase of necessary supplies or equipment for the conduct of regular school operations, school boards may, in their discretion, designate as their purchasing agent or agents such school official or officials as they see fit and may authorize such agent or agents to make purchases of supplies and equipment subject to competitive bid requirements in Sections 31-7-1 et seq., Mississippi Code of 1972. Supplies that are perishable or foods purchased for use in connection with the school lunch and homemaking programs shall be exempted from competitive bid requirements. However, each school board shall adopt and place in its minutes definite policies for guidance of agents of such boards in connection with purchases of perishable supplies or foods which are unstable or variable in price. Such policies shall have the effect of law and any violations shall be subject to the penalties as provided by law.

Miss. Code Ann. § 37-39-17 Restrictions on purchases in small quantities; contracts may be awarded for delivery at different points.

Purchases of items regularly used in connection with school operation shall not be made in small quantities for the purpose of circumventing the law requiring competitive bids or quotations, but shall be purchased by contract whenever feasible. School boards shall have the authority, however, to award such contracts for supplies or equipment to be delivered to different points in the school district or county, to different bidders, when the best interests of the district or county warrant such action. Reasons for awarding such contracts to different bidders for different areas in the district shall be recorded on the minutes of the school board. In no event shall the price paid exceed the lowest and best bid received.

Miss. Code Ann. § 37-39-19 Repealed.

Repealed by Laws, 1981, ch. 306, § 6, eff from and after passage (approved Feb. 9, 1981). [Codes, 1942, § 6231-09; Laws, 1964, ch. 396, § 9]

Miss. Code Ann. § 37-39-21 Bonds of purchasing agents.

The purchasing agent of any school board, before entering upon his official duties in such capacity, shall furnish a good and sufficient surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00), with sufficient surety. Such bonds shall be payable, conditioned and approved in the manner provided by law, and shall be filed and recorded in the office of the clerk of the chancery court in which the school district is located. The premium on said bond shall be paid out of the school district(s) maintenance fund(s).

Miss. Code Ann. § 37-39-23 Joint purchases of supplies and services by school boards of public school districts authorized.

The school boards of all public school districts may, in their discretion, enter into an agreement, not inconsistent with the provisions of this chapter, to act jointly in the purchase of maintenance, operational and scholastic services, supplies and materials and equipment. It is the purpose of this section to enable the school systems to achieve economies of scale through increased purchasing power to the end that the education tax revenues be utilized efficiently.

Miss. Code Ann. § 37-39-25 Resolution authorizing joint purchases; joint purchasing agent.

The school boards which choose to act jointly as authorized by section 37-39-23 shall adopt resolutions to that effect which shall be recorded on the minutes of the school boards and copies of which shall be filed with the clerk of the chancery court of the county in which such school districts are located. The school board may appoint a purchasing agent who shall be responsible, subject to the approval of the board, for all purchases of competitively priced services, materials and supplies. The purchasing agent shall be bonded in accordance with Section 37-39-21. The purchasing agent shall serve all of the school districts acting jointly. There shall not be a separate purchasing agent for the separate districts which are acting jointly. The purchasing agent for the county school boards shall arrange for purchase, storage and distribution of supplies and materials purchased jointly. The costs involved in purchase, transportation, storage, administration and any other activity regarding joint purchases by the school boards shall be shared among the participating districts on a pro rata basis.