Mississippi Administrative Code › Title 36 - Technology › Part 101 - Wireless Communication Commission (WCC) › Chapter 1 - PURCHASING GUIDELINES AND PROCEDURES › Rule 36-101-1.6 - Emergency Procurements of Wireless Products and Services

Current through June 25, 2024
A "state of emergency" or "local emergency" as defined in
				  Miss. Code Ann. §
									33-15-5(f) and
				  (g), must exist for such a procurement to be
				  considered an emergency purchase by the Commission. In accordance with Miss.
				  Code Ann. §
									33-15-17(b)
				  (1972), as interpreted by the Mississippi
				  Attorney General (Op. No. 2002-0393, August 9, 2002), when any disaster occurs
				  and has been declared in accordance with law, local governments have the power
				  to enter into contracts and incur obligations "necessary to combat such
				  disaster, protecting the health and safety of persons and property, and
				  providing emergency assistance to the victims of such disaster." This power
				  extends to the purchase and rental of equipment as well as the purchase of
				  supplies and materials "without regard to time-consuming procedures and
				  formalities prescribed by law" pertaining to such procurement.
1.
Emergency Procurements
				by Local Governments
:
The Commission recognizes that the
				emergency management law, Miss. Code Ann. §
									33-15-17(b)
				(1972), is the controlling authority and
				governs wireless communication purchases by local governments during declared
				emergencies under §
									33-15-1 et
				seq. so long as emergency conditions giving rise to the need for the purchase
				(combat of the disaster, protection of health and safety of persons and
				property, and providing emergency assistance to disaster victims) remain in
				place. When such emergency needs for wireless communication procurement no
				longer exist, the emergency authority to procure such equipment without
				compliance with other applicable state law ends as well.
2.
Emergency Procurements
				by State Agencies
:
With regard to state agency emergency
				procurement, the Emergency Management Law, Miss. Code Ann. Section
				33-15-1
				l(b)(17)(l) (1972), requires that the Governor suspend provisions of state
				laws, rules or regulations prescribing procedures for the conduct of state
				business before such procedures may be dispensed with. He may do this if strict
				compliance with the provisions of such procurement statutes, orders, rules or
				regulation would "in any way" prevent, hinder or delay necessary action in
				coping with a disaster. When the Governor exercises this authority to suspend
				public procurement laws for state agencies, the Commission recognizes that the
				Governor's Order regarding such suspension is the controlling authority and
				governs wireless communication purchases for the duration of his order. When
				the Governor lifts the suspension of these rules, the emergency authority to
				procure such equipment without compliance with other applicable state law ends
				as well.
3.
Reporting Requirements for Emergency
				Procurements
:
The Commission requires that any state agency
				or local government procuring wireless communication technology, as defined
				herein, under the authority of Miss. Code Ann. §
									33-15-17(b)
				or the exercise of the Governor's authority under 33-15-1 l(b)(17)(l) (1972),
				follow the state and federal laws otherwise applicable. The Commission directs
				the purchasing entity to strongly consider a temporary solution to the
				emergency need for wireless communication, to be followed by a competitive
				process for the selection of a permanent solution in accordance with all
				applicable statutes and the Commission's rules. For emergency purchases of
				wireless technology costing more than $100,000, the purchasing entity also
				shall, within thirty days of the acquisition, inform the Commission of such
				emergency purchase or rental, the precise nature of the emergency necessitating
				the purchase or rental, the exact equipment purchased or rented and its cost.
Mississippi Code Ann.
				  25-53-171(4)