Section 12-6-3.112.05.3 - Reasons for Rejection(1) Bids As used in this section, "bid" means any offer providing pricing submitted in competitive sealed bidding or in the second phase of multi-step sealed bidding and includes submissions under Section 3.108, Purchases less than $50,000.01, if no changes in offers are allowed after submission. Reasons for rejecting a bid include but are not limited to:
(a) The business that submitted the bid is non-responsible as determined under Subsection 3.113.05, Written Determination of Non-responsibility Required;(b)The bid is not responsive; that is, it does not conform in all material respects to the Invitation for Bids, see Subsection 3.106.13.2, Responsibility and Responsiveness; or(c)The supply or service item offered in the bid is unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the Invitation for Bids. See Subsection 3.106.13.3, Product Acceptability.(2) Proposals As used in this section, "proposal" means any offer submitted in response to any solicitation for a proposal, except a bid as defined in Subsection 3.112.05.3, Reasons for Rejection. Unless the solicitation states otherwise, proposals need not be unconditionally accepted without alteration or correction, and the stated requirements may be revised or clarified after proposals are submitted. This flexibility must be considered in determining whether reasons exist for rejecting all or any part of a proposal. Reasons for rejecting proposals include but are not limited to:
(a) The business that submitted the proposal is non-responsible as determined under Section 3.113, Responsibility of Bidders and Offerers.(b)The proposal ultimately (that is, after any opportunity has passed for altering or clarifying the proposal) fails to meet the announced requirements of the State in some material respect; or(c) The proposed price is clearly unreasonable.12 Miss. Code. R. 6-3.112.05.3