12 Miss. Code. R. 9-6.1
The Mississippi Legislature codified the Best Practices for Soliciting Requests for Proposals or Requests for Qualifications at Mississippi Code Annotated §§ 31-7-401 through 31-7-423 ("the best practices statutes"). The expressed intent of the best practices statutes was to "ensure that the best practices for soliciting [RFPs] or [RFQs] are implemented," particularly for personal or professional service contracts which require PPRB approval. Agencies are strongly encouraged to review these sections of the Mississippi Code prior to and during any procurement of personal or professional services using an RFP or RFQ. Where an Agency has failed to meet any of the standards set forth in the best practices statutes, PPRB will conduct the analysis required by Section 1.1.8 to determine whether an exception can be granted.11
11 Courts have recognized that best practices are not mandatory minimum standards of conduct but rather aspirational standards by which optimal results can be achieved. See e.g., Mitchell v. Advanced HCS, LLC, 28 F.4th 580, 590-91 (5th Cir. 2022) (publishing of best practices deemed to "set forth aspirations and expectations, not mandates"). See also Ewans v. Wells Fargo Bank, N.A., 389 F. App'x 383, 390 (5th Cir. 2010); Gross v. NCH Corp., 691 F. App'x 203 (5th Cir. 2017); Amos v. Taylor, No. 4:20-CV-7-DMB-JMV, 2020 WL 1978382, at *10 (N.D. Miss. Apr. 24, 2020).
12 Miss. Code. R. 9-6.1