Section 12-6-3.106.21.2 - ConductPhase Two shall be conducted as any other competitive sealed bid procurement except:
(1) No public notice need be given of this invitation to submit priced bids because such notice was previously given;(2) After award the unpriced technical offer of the successful bidder shall be disclosed as follows. The Agency Procurement Officer shall examine written requests of confidentiality for trade secrets and proprietary data in the technical offer of such bidder to determine the validity of any such requests. If the parties do not agree as to the disclosure of data, the Agency Procurement Officer shall inform the bidder in writing what portions of the unpriced technical offer will be disclosed and that, unless the bidder protests under Chapter 6, Legal and Contractual Remedies, the offer will be so disclosed. Such technical offer shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data; and(3) Unpriced technical offers of bidders who are not awarded the contract shall not be open to public inspection unless the Chief Procurement Officer determines in writing that public inspection of such offers is essential to assure confidence in the integrity of the procurement process; provided, however, that the provisions of Subsection 3.106.21.2, Procedure for Phase Two, Conduct, shall apply with respect to the possible disclosure of trade secrets and proprietary data.Commentary
The obligation to keep data confidential is not intended to create any liability that would not otherwise exist under State law.
12 Miss. Code. R. 6-3.106.21.2