12 Miss. Code. R. 9-3.5 - Non-Competitive Procurement

All non-competitive procurements are reported to the PPRB and to the AET Chairs.

3.5.1 Sole Source Procurement

Sole Source Procurement may only be used in two circumstances:

(1) when there is a single personal or professional service which will meet the needs of the Agency and only a single provider of that service in the marketplace, and

(2) when a Court has ordered an Agency to contract with a particular vendor to provide a specific service. The Agency Head shall make a written determination that the service provider meets the definition of a sole source. Regulations governing sole source procurement are in Chapter 9.

3.5.2 Emergency Contracts

An emergency contract may be made if the Agency Head makes a written determination that an emergency exists such that the delay incident to undertaking any other method of procurement allowed by these rules and regulations would threaten the health or safety of a person or the preservation or protection of property. Emergency contracts do not require PPRB approval. Emergency contracts are limited to one year or less and to the scope of services necessary to meet the emergency situation. Regulations governing emergency contracts are in Chapter 10.

3.5.3 Exigent Circumstances Contracts

Where exigent circumstances which do not constitute an emergency exist, giving rise to a pressing need which cannot be met by undertaking any other method of procurement allowed by these rules and regulations, an Agency may request PPRB approve a contract where certain conditions are met, unless otherwise prohibited by law. Contracts made due to exigent circumstances are governed by regulations in Chapter 10.

Notes

12 Miss. Code. R. 9-3.5

Adopted 5/7/2018 Amended 9/6/2024