Emergency Procurements of Wireless Products and Services

Emergency Procurements of Wireless Products and Services 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- 15-11(b)(17)(1) (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 33-15-11(b)(17)(1) (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.