12 Miss. Code. R. 9-10.2
PPRB may approve new contracts or contract renewals beyond those originally contemplated in the original solicitation where exigent circumstances warrant such approval.
Exigent circumstances are circumstances giving rise to a pressing need which cannot be met by undertaking another method of procurement allowed by these rules and regulations, such as supply chain disruptions or impending loss of funding source.
The Agency Head shall make a written determination that exigent circumstances exist, including an explanation of the circumstances and why the need cannot be met through other available methods of procurement. The determination shall also explain how the Agency sought to maximize competition or provide a detailed description of why competition is unobtainable.
In the event a contract or contract renewal is entered under this Section with an incumbent vendor, the incumbent shall agree to extend all terms and conditions in the existing contract, including price.
The Agency shall submit (1) the Agency Head determination and (2) the exigent circumstances contract to OPSCR pursuant to the deadlines established for submission of all contracts.29 OPSCR will review all documentation to determine if the Agency is procedurally in compliance with Section 10.2 and all requirements governing such contracts. If so, OPSCR will submit the contract to PPRB for approval at the next regularly scheduled meeting.
It shall be the sole responsibility of the contracting Agency to explain the exigent circumstances to PPRB and advocate for approval of the contract. OPSCR will advise PPRB as to procedural compliance only. PPRB shall agree that the exigent circumstance requires contracting for personal and professional services outside of any other method of procurement allowed by these rules and regulations.
PPRB must approve an exigent circumstances contract prior to contract execution. Agencies may execute a contract following oral approval of the contract by the PPRB and are not required to delay contract execution until the PPRB's minutes are final. See Section 1.1.7.3.
A Notice of Contract Award shall be prepared following (1) approval of PPRB, if applicable; (2) approval by any other boards or required entities, if applicable; and (3) 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.
29 As of the effective date of these regulations, Agencies shall submit exigent circumstances contracts as a "Purchasing (General)" contract (82000#####) in MAGIC.
12 Miss. Code. R. 9-10.2