12 Miss. Code. R. 9-5.3

Current through December 10, 2024
Section 12-9-5.3 - Pre-Submission Requirements
5.3.1Letters of Intent

Agencies may choose to require prospective bidders to submit a letter stating their intent to submit a bid as a pre-requisite to submitting a bid. The date for submission of a letter of intent, if required in the procurement, shall not be less than 14 calendar days after the date of public notice described in Section 5.2.1.

5.3.2Pre-Bid Conferences

Pre-bid conferences may be conducted to explain the procurement requirements. The Agency may determine whether to make attendance at such conference mandatory or optional. Notice of such conference shall be prominently placed in the IFB, or in an amendment to the IFB if the decision to hold a pre-bid conference is made after the IFB is issued. The notification shall include the date, time, and location of the conference.

A pre-bid conference may not be held earlier than 14 calendar days after date of public notice described in Section 5.2.1. In determining when the pre-bid conference will be held, the Agency shall consider the complexity of the procurement and the potential modifications to the IFB that may be made following the conference. The conference shall be held long enough after the IFB has been issued to allow bidders to become familiar with the IFB's requirements but sufficiently before bid opening to allow consideration of the conference results in preparing bids.

A record of all bidders who attended the conference shall be made. An amendment to the IFB shall be issued containing any questions and answers from the conference and any revisions to the IFB resulting from the conference. Nothing stated at the pre-bid conference shall change the IFB unless stated in a written amendment.

5.3.3Questions and Answers

An Agency may choose to allow written questions to be submitted by potential bidders following issuance of the IFB, may allow questions to be asked at a pre-bid conference, or both. The Agency shall create a register of all such questions, exactly as submitted, along with their corresponding answers. The register of all questions and answers shall be issued as an Amendment to the IFB.

5.3.4Amendments to IFBs

Amendments to IFBs are used to:

* make changes to the IFB (e.g., scope changes, bid submission date changes, etc.);

* correct defects or ambiguities in the IFB; or

* furnish to all prospective bidders information given to one prospective bidder where the lack of information would prejudice a potential bidder. Any such information not provided to all potential bidders may be cause for rejection by PPRB.

Amendments shall be identified as such and shall require that the bidder acknowledge receipt thereof. Any amendment shall reference the section(s) of the IFB it amends.

5.3.4.1Distribution

Amendments shall be:

(1) sent directly to all prospective bidders known to have received a copy of the IFB;
(2) posted publicly, in full, on the procurement portal; and
(3) posted publicly, in full, on the soliciting Agency's website.

Agencies shall retain documentation proving the time, date, and means of distribution required by this rule. Amendments to the IFB shall remain publicly posted on the Agency's website until a contract resulting from the procurement is fully executed following PPRB approval or the procurement is canceled.

5.3.4.2Timeliness

Amendments shall be distributed within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time and date set for receipt of bids will not permit such preparation, the time and date set for receipt of bids shall be extended. Any such extension of the bid submission deadline shall be communicated to all prospective bidders via an amendment.

Should the Agency distribute an amendment less than 14 calendar days prior to the bid submission deadline, the Agency shall make a written determination that the amount of time allotted is reasonable under the circumstances and shall state the facts supporting that conclusion.

12 Miss. Code. R. 9-5.3

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