27 Miss. Code. R. 1-3-206

Current through December 10, 2024

Section 27-1-3-206 - EMERGENCY PROCUREMENT

Notwithstanding any other provision of these Regulations, the Agency Head may make or authorize others to make emergency procurements under emergency conditions as defined in these regulations, provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination signed by the Agency Head of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The term of an emergency contract shall not exceed one (1) year.

3-206.01Application

The provisions herein apply to every procurement made under emergency conditions that will not permit other source selection methods to be used.

3-206.02 Definition of Emergency Conditions

The term "emergency" shall mean any circumstances:

(a) caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection; or,

(b) caused by an inherent defect due to defective construction; or;

(c) when the immediate preservation of order or public health is necessary by reason of unforeseen emergency; or,

(d) when the restoration of a condition of usefulness of any public building, equipment, road or bridge appears advisable; or,

(e) in the case of a public utility when there is a failure of any machine or other things used and useful in the generation, production or distribution of electricity, water or natural gas or in the transportation or treatment of sewage; or,

(f) when the delay incident to obtaining competitive bids could cause adverse impact upon the governing authority or agency, its employees or its citizens.

See Miss. Code Ann. § 31-7-1(f)(1972, as amended).

3-206.03Scope of Emergency Procurement

Emergency procurement shall be limited to those services necessary to meet the emergency.

3-206.04Authority to Make Emergency Procurement

Any state agency may make an emergency procurement when an emergency condition arises and the need cannot be met through normal procurement methods; provided, approval by the Agency Head shall be obtained prior to the procurement. The contract should be forwarded to the PSCRB within 10 days of execution for SPAHRS processing, if the contract amount is greater than $100,000.

3-206.05Source Selection Methods

3-206.05.1General

The procurement procedure used shall be selected to ensure that the required services are procured in time to meet the emergency, but with such competition as is practicable.

3-206.05.2After Unsuccessful Competitive Sealed Bidding

Competitive, sealed bidding is unsuccessful when bids received pursuant to an Invitation for Bid are unreasonable, noncompetitive, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and time or other circumstances will not permit the resolicitation of competitive sealed bids. If emergency conditions exist after an unsuccessful attempt to use competitive sealed bidding, an emergency procurement may be made.

3-206.06Determination of Emergency Procurement

The Procurement Officer shall make a written determination stating the basis of an emergency procurement and for the selection of the particular contractor. Such determination shall be included in the contract justification.

27 Miss. Code. R. 1-3-206

Amended 10/15/2015