36 Miss. Code. R. 2-7-207.6
Mississippi Public Purchasing Law, in Section 31-7-13(j) of Mississippi Code, outlines the emergency purchase procedure. The need to purchase technology products or services under the emergency purchase procedure as outlined in this code section is a decision made by the agency or public university's board or executive director/president, or that person's designee, when the emergency threatens the health or safety of any person, or the preservation or protection of property. All other situations meeting the definition of an Emergency in 31-7-1 (f) of Mississippi Code require prior approval from ITS. The agency head or public university president must first determine that an emergency exists such that "the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state." Once that determination is made, the executive director/president or designee may request approval to make the purchase without following the competitive bid requirements.
The definition of "emergency" as it applies to purchasing is located in Section 31-7-1(f) of Mississippi Code, as follows:
Note that the definition applies only to events that could not reasonably have been anticipated. Failure to plan or to act in a timely and proactive manner to replace or upgrade equipment or other products does not fall within the statutory definition of "emergency." The purchases made under the emergency purchase procedure must be solely for the purpose of meeting the needs created by the emergency situation.
The law requires that the agency or public university file documentation requesting approval to make the emergency purchase with the appropriate oversight agency. In accordance with the referenced statutes, ITS has developed an Emergency Purchase Request Form for requesting approval for any technology products or services purchases to be made under the emergency purchase statute by state agencies or public universities under ITS purview. A copy of the emergency purchase request form is available in PDF and Word formats on the ITS website.
Customers may also submit emergency purchase request documentation via ITS' online procurement request system.
Note that Mississippi Code Section 31-7-13(j) also requires that any agency head or public university president responsible to a board or commission document any emergency purchase in the minutes of the meeting prior to the emergency purchase request being made to ITS. A copy of these minutes should be provided to ITS with the emergency purchase request.
Submission of the completed form, along with the necessary documentation by the agency head or public university president or designee, gives ITS the necessary information to review the emergency purchase request. If approved, ITS issues a CP-1 Acquisition Approval Document to facilitate payment processing. For state agencies, these approvals are uploaded into MAGIC.
Refer to 009-001 ITS Procurement Process Flows for additional information, specifically the flow labeled Emergency Purchases.
36 Miss. Code. R. 2-7-207.6