Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 7 - Procurement Types › Rule 36-2-7-207.6 - 013-060 Procurement Types: Emergency Purchases

Current through June 25, 2024
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:
(f)
				"Emergency" shall mean any circumstances caused by fire, flood, explosion,
				storm, earthquake, epidemic, riot, insurrection or caused by any inherent
				defect due to defective construction, or when the immediate preservation of
				order or of public health is necessary by reason of unforeseen emergency, or
				when the immediate restoration of a condition of usefulness of any public
				building, equipment, road or bridge appears advisable, or in the case of a
				public utility when there is a failure of any machine or other thing used and
				useful in the generation, production or distribution of electricity, water or
				natural gas, or in the transportation or treatment of sewage; or when the delay
				incident to obtaining competitive bids could cause adverse impact upon the
				governing authorities or agency, its employees or its citizens; or in the case
				of a public airport, when the delay incident to publishing an advertisement for
				competitive bids would endanger public safety in a specific (not general)
				manner, result in or perpetuate a specific breach of airport security, or
				prevent the airport from providing specific air transportation services.
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.
31-7-1 (f); 31-7-13
				  (j) (k)