12 Miss. Code. R. 9-10.1
PPRB does not approve or reject emergency contracts. Any determination as to whether such a contract meets the applicable emergency standard is in the sole discretion of the Agency Head of the procuring Agency.
If the Agency Head determines that an emergency exists in regard to the procurement of personal or professional services such that the delay incident to undertaking any other available method of procurement would threaten the health or safety of any person or the preservation or protection of property, then the Agency may contract for personal and professional services using an emergency contract.
The Agency Head shall make a written determination stating:
* the conditions and circumstances of the emergency situation,
* a detailed description of the events leading up to the emergency situation,
* an explanation of why the Agency Head determined the health of safety of a person or persons and/or the preservation or protection of property would be threatened if the Agency is required to undertake another available method of procurement, and
* the basis for the selection of the particular contractor.
Emergency contracts shall be made with such competition as is practicable under the circumstances.
Emergency contracts shall be limited to those personal or professional services necessary to meet the emergency.
The term of an emergency contract shall be limited to the time necessary to meet the emergency, but in no circumstances shall the term exceed one year. If the Agency will continue to need the personal or professional services beyond the term of the emergency contract, the Agency shall take the necessary steps to competitively procure the services before the emergency contract expires.
The Agency Head determination and the emergency contract shall be uploaded to the contract file in MAGIC and made available for public inspection on the Transparency website within 10 business days of contract execution.
When an emergency contract is routed to OPSCR in MAGIC, OPSCR will review the contract to ensure the contractor is providing personal or professional services. If so, OPSCR will immediately approve the contract in MAGIC without further review. Such approval is for processing purposes only and does not represent review or approval by PPRB or OPSCR.
Upon request of the Agency or at the discretion of OPSCR, emergency contracts will undergo a post-approval audit for technical compliance with the requirements in this chapter. It is the sole responsibility of the Agency to correct any errors and ensure full compliance with the requirements of this chapter.
A Notice of Contract Award shall be prepared following (1) approval by any boards or required entities, if applicable, and (2) execution of the contract, contract renewal, or contract amendment. The Notice of Contract Award shall be posted publicly on the Agency website and on the Transparency website. The Notice of Contract Award shall include an analysis as to why the personal or professional services contract was awarded, renewed, or amended. Executive Order 1362, Governor Phil Bryant: Promoting Transparency in Public Contracting, July 31, 2015.
OPSCR shall report all emergency contracts to PPRB and to the AET Chairs. Agencies submitting emergency contracts shall cooperate with OPSCR in providing the information necessary for such reports.
12 Miss. Code. R. 9-10.1