12 Miss. Code. R. 9-1.5

Current through December 10, 2024
Section 12-9-1.5 - Public Access to Procurement Documents

The Public shall have access to procurement records pursuant to the requirements of the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1 through 25-61-19. Additionally, any person or vendor who has submitted documents to an Agency in response to a solicitation issued under these rules and regulations has the protections provided in Mississippi Code Annotated §§ 75-26-1 through 75-26-19 and 79-23-1 with regard to its trade secrets and confidential commercial and financial information. All Agencies and vendors involved in the procurement process should consult with their legal counsel regarding the applicability of the Mississippi Public Records Act.

1.5.1Deadlines for Production of Public Records Tolled

When a procuring Agency is preparing or conducting a competitive procurement, the time limitations for producing public records regarding the procurement shall be tolled until the procuring Agency determines it will not issue the procurement, cancels the procurement, or issues a notice naming its intended awardee. Mississippi Code Annotated § 25-61-5(4).

1.5.2Delay of Procurement Process Not Required

There is no requirement in these rules and regulations that a procuring Agency delay any aspect of the procurement process due to an outstanding request for public records.

1.5.3Efficient Administration of Agency Obligations

Agencies have discretion under these rules and regulations to require vendors responding to Agency solicitations to take any action necessary for the efficient and effective administration of the Agency's procurement and obligations under the Mississippi Public Records Act, unless such action directly violates the Mississippi Public Records Act.

1.5.4Public Information in Awarded Contracts

For all personal and professional service contracts which have been awarded (i.e., legally executed after all required approvals), the provisions of the contract containing services to be provided, the unit prices and overall price to be paid, and the term of the contract shall not be deemed a trade secret or confidential commercial or financial information, and shall be available for examination, copying, or reproduction in accordance with the Mississippi Public Records Act. Mississippi Code Annotated § 25-61-9(7).

1.5.5Record Retention

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules of the Mississippi Department of Archives and History.

12 Miss. Code. R. 9-1.5

Adopted 5/7/2018
Amended 9/6/2024