12 Miss. Code. R. 9-9.2
The Agency shall publish the following documents publicly on (1) the procurement portal and (2) the Agency website:
* the Agency Head's signed written determination described in Section 9.1.,
* a complete copy of the proposed contract, and
* instructions for filing an objection to the sole source determination, as described in Sections 9.2.1.2 and 9.2.2.
Agencies shall retain documentation proving the time, date, and means of all public notice required by this rule. Public Notice shall remain publicly posted on the Agency's website until a contract resulting from the sole source procurement is fully executed following PPRB approval or the procurement is canceled.
The Agency shall publish the documents listed in Section 9.2.1 for a minimum of 21 calendar days prior to submitting the contract for approval by PPRB, or in the case of a contract which does not require approval by PPRB, prior to awarding the contract.
The instructions for filing an objection to the sole source determination shall include, at a minimum:
* contact information for the Agency official responsible for the procurement;
* contact information for the Director of OPSCR;
* the deadline to file an objection to the sole source determination, which shall be a minimum of 21 calendar days following the date of first publication;
* the reasonable requirements for the Agency to determine it has received the objection (e.g., received upon personal delivery to the Agency, received when the Agency acknowledges receipt of an emailed objection, etc.). The Agency shall have discretion to determine what constitutes receipt of the objection so long as the requirement is reasonable under the circumstances.
If any person or entity objects to the Agency's determination that the service provider is a sole source and alleges the service can be provided by another person or entity, the objecting person or entity shall notify the Agency official primarily responsible for the procurement and the Director of OPSCR. The objecting party shall submit a written, detailed explanation of the basis for the objection to the Agency's sole source determination.
Any objection shall be received by the Agency official primarily responsible for the procurement and the Director of OPSCR in accordance with the instructions in the Agency's published sole source determination prior to deadline in the Agency's sole source determination. The objecting party shall bear all risk of delivery.
If, after reviewing the objection, the Agency determines that the service provider is not a sole source, then the Agency shall withdraw the sole source determination and use another valid procurement method to procure the required personal or professional services.
If, after reviewing the objection, the Agency determines that the service provider is a sole source, the Agency may submit the contract along with its sole source determination and the objection for review and approval by PPRB. The contracts shall be submitted to OPSCR using the same deadlines established for any other contract submission. The Agency shall submit any additional documentation requested by OPSCR to ensure compliance with these rules and regulations and the relevant sections of Mississippi Code Annotated § 27-104-7.
The Agency shall have the burden to prove the service provider is a sole source. Should PPRB have any reasonable doubt that the service provider is a sole source, the Agency will be required to use another valid procurement method to procure the required personal or professional services.
If the contract amount is greater than $75,000.00, it shall be approved by PPRB prior to execution.
Neither PPRB nor OPSCR are required to do an independent investigation to determine whether the provider is a sole source. OPSCR shall review the documentation submitted by the Agency and determine whether the Agency was compliant with Sections 9.1 and 9.2 prior to recommending that PPRB approve a sole source contract.
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.
12 Miss. Code. R. 9-9.2