12 MAC Pt. 13, R. 3.7
Emergency
Cite as 12 Miss. Admin. Code Pt. 13, R. 3.7
Emergency. In the event of an emergency as defined in MISS. CODE ANN. § 31-7-1, the
UA may procure repairs and commodities as follows.
A. Generally: If the governing board or executive head or the designee of any UA determines
that an emergency exists in regard to the purchase of any commodities or repair contracts,
so that the delay incident to giving opportunity for competitive bidding would be
detrimental to the interests of the state, then the head of such UA or its designee shall file
with the DFA: (i) a statement explaining the conditions and circumstances of the
emergency, including a detailed description of the events leading up to the situation and
the negative impact to the entity if the purchase is made pursuant to the statutory
requirements for competitive procurements, and (ii) a certified copy of the appropriate
minutes of the board of such agency requesting the emergency purchase, if applicable.
Upon receipt, the DFA may, in writing, authorize the purchase or repair without the UA
having to comply with competitive bidding requirements.
B. Health, Safety and Preservation of Assets: If the governing board or the executive head,
or its designee determines that an emergency exists in regard to the purchase of any
commodities or repair contracts, so that the delay incident to giving opportunity for
competitive bidding would threaten the health or safety of any person, or the preservation
or protection of property, then the statutes requiring competitive bidding shall not apply,
and the proper officer or agent of the UA shall approve the bill presented for payment, and
shall certify in writing from whom the purchase was made, or with whom the repair
contract was made.
C. Total purchases under this 3.7 may only be for the purpose of meeting the needs created by
the emergency.
D. The UA shall file with the DFA documentation of the purchase, including a description of
the commodity or repairs purchased, the purchase price and the nature of the emergency.
E. Any contract awarded pursuant to Rule 3.7 shall not exceed one [1] year.