27 Miss. Code. R. 100-3-206
Sole-source procurements are limited to procurements in which the Agency Head determines in writing that only one source is available that can provide the required personal or professional service and the agency complies with all requirements of this section including, but not limited to, publication under Section 3-206.04.
The provisions herein apply to all sole-source procurements, regardless of the value of the procurement.
Sole-source procurement is not permissible unless a service is available from only a single vendor. The determination as to whether a procurement shall be made as a sole-source shall be made and approved by the Agency Head. Such determination and the basis therefor shall be in writing, signed by the Agency Head, and maintained in the procurement file. The Agency Head may specify the application of such determination and the duration of its effectiveness.
If a binding, valid court order has been issued mandating that a particular source or provider must be used for the required service:
The Agency Head shall conduct negotiations, as appropriate, as to price, delivery, and terms. If the contract amount is greater than $75,000, the contracts must be forwarded to the PSCRB for approval prior to any services being rendered.
Any agency alleging to have a sole-source for any personal or professional service shall have the terms of the proposed contract for the service published on the Mississippi Contract/Procurement Opportunity Search Portal website for at least fourteen (14) consecutive days, unless the agency is exempt pursuant to Section 3-206.02.
Publication of a sole-source award shall include, but is not limited to, the following information:
If any person or entity objects and proposes that the personal or professional service published in accordance with Section 3-206.04 (Publication) is not a sole-source service and that the service can be provided by another person or entity, the objecting person or entity shall notify the agency that published the proposed sole-source contract and the PSCRB in writing with a detailed explanation of why the personal or professional service is not a sole-source service. The objection must be submitted to the agency within seven (7) calendar days of the date of the last publication under Section 3-206.04.
All sole-source contracts for personal and professional services awarded by state agencies, whether approved by an Agency Head or the PSCRB, shall contain in the procurement file a written determination for the approval, using a request form furnished by the PSCRB. The written determination shall document the basis for the determination, including any market analysis conducted in order to ensure that the service required was practicably available from only one source. A memorandum shall accompany the request form and address the following four points:
The PSCRB shall prepare and submit a quarterly report to the House of Representatives and Senate Committees on Accountability, Efficiency, and Transparency that details the sole-source contracts presented to the PSCRB and the reasons that the PSCRB approved or rejected each contract. Such quarterly reports shall also include the documentation and memoranda required in Section 3-206.06 (Sole-Source Procurement Written Determination). Agencies submitting sole-source contracts shall cooperate with PSCRB staff in providing the information necessary for this report. Any agency that submitted a sole-source contract shall be prepared to explain the sole-source contract to each committee by December 15 of each year upon request by the committee.
27 Miss. Code. R. 100-3-206