Contracts, by local governments, including, but not limited to, design and construction contracts, for the acquisition, purchase, construction or installation of a Project may be exempt from the bidding requirement provisions of Miss. Code Ann. § 31-7-13 and may entered into on the basis of negotiation if:
(a) MDA finds and records such finding on its minutes, that because of availability or the particular nature of a project, it would not be in the public interest or would less effectively achieve the purposes of this section to enter into such contracts on the basis of Section 31-7-13;(b) The approved business enterprise that is involved in the project concurs in such finding.Miss. Code Ann. § 57-1-221.