12 Miss. Code. R. 9-5.6
Following evaluation and determination of the intended awardee, but prior to submission of the contract for PPRB approval, a Notice of Intent to Award shall be prepared, explaining the basis for determining the successful bidder. The Notice shall:
* list the names of all bidders who submitted a bid in order of overall price (from lowest to highest);
* specify each bidder's overall bid price and/or attach a copy of the bid form submitted by each bidder;
* identify which of the bidders, if any, were deemed non-responsive or non-responsible;
* identify the bidder(s) the Agency recommends be awarded a contract;
* notify the bidders of the opportunity for a debriefing, if applicable;
* notify the bidders of the opportunity to request reconsideration of the intent to award, which can be accomplished by referring to Section 5.6.3; and
* notify the bidders and the public that the Agency Procurement File is available on the Agency's website.
The Notice of Intent to Award shall be:
A complete copy of the Agency Procurement File shall be made available to the public on the procuring Agency's website at the time the Notice of Intent to Award is posted on the procuring Agency's website. See Appendix D. In addition to all documents related to the procurement and/or required by these rules and regulations, the Agency Procurement File posted on the Agency website shall include a copy of all bids received. Where any bidder submitted a redacted bid (trade secrets and confidential commercial and financial information redacted) the redacted copy of the bid, rather than the complete copy of the bid, shall be posted on the Agency website.
Prior to posting the Notice of Intent to Award and Agency Procurement File, procuring Agencies are strongly encouraged to consult with their legal counsel and redact information in the file which may violate Mississippi Code Annotated §§ 25-61-9, 79-23-1, and 75-26-1, et seq. However, such redactions should be used sparingly, and where there is doubt, Agencies should err on the side of transparency in the procurement process.
The Notice of Intent to Award and the Agency Procurement File 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.
Agencies are encouraged to exchange information with vendors in an effort to build and strengthen business relationships and improve the procurement process. In the sole discretion of the procuring Agency, debriefings may be offered to bidders following issuance of the Notice of Intent to Award.
An Agency choosing to offer debriefings shall notify the bidders of the opportunity to request a debriefing in the Notice of Intent to Award. That notice shall include the deadline and specific process to request a debriefing (e.g., Send a request for debriefing via email to agencyofficial@agency.ms.gov on or before 3:00 p.m. CST on October 11, 2024).
If a debriefing is offered, the Agency shall provide one to every bidder who requests one. The means of conducting the debriefing and information discussed shall be at the sole discretion of the Agency. However, a debriefing shall not provide a point-by-point comparison of the debriefed vendor's response with any other responses to the solicitation.
In the sole discretion of the procuring Agency, the contract and Agency Procurement File may be submitted to OPSCR for PPRB approval as described in Sections 1.2.1, 1.2.2, and 14.8 before, during, or after resolution of any requests for debriefing. However, all requested debriefings shall be completed prior to the contract being presented to PPRB for approval. At the point all requested debriefings have been conducted, the Agency shall include a list of all bidders who requested a debriefing and the date each requested debriefing was conducted in the Agency Procurement File.
A bidder who responded to an IFB has an opportunity to request that the procuring Agency reconsider its intent to award the contract to a specific bidder or bidders. Any such request shall be filed with the Agency official primarily responsible for the procurement and the Director of OPSCR within three business days following issuance of the Notice of Intent to Award and posting of the Agency Procurement File in compliance with Sections 5.6.1, 5.6.1.1, and 5.6.1.2. It shall be the sole responsibility of the requesting bidder to ensure the request is timely received by all required parties. Failure to timely request reconsideration in compliance with this Section results in waiver of any claim a bidder may have as to the Agency's decision to award the contract.
The request shall contain the requesting vendor's name, a single contact person, all contact information for the contact person, the RFx number of the solicitation, the date the IFB was issued, and the date the Notice of Intent to Award was issued. The request shall identify which of these rules and regulations and/or the terms of the IFB the requesting bidder believes were violated by the Agency during the bid evaluation process, explain the factual basis for the alleged violation(s), and specify how the alleged violation(s) affected the outcome of the procurement. The request shall not be based on anything other than the Agency Procurement File, these rules and regulations, and the terms of the solicitation. The request shall not be supplemented.
Exhibits shall not be included with the request. Rather, the requesting vendor shall clearly identify the portion(s) of the Agency Procurement File and/or the IFB at issue in the request. Reference to documents outside of or facts not supported by the Agency Procurement File or the IFB shall not be considered by the Agency when responding to the request.
If the requesting bidder believes the Agency Procurement File posted on the Agency website is incomplete (i.e., does not contain a document or documents required by these rules and regulations), the requesting bidder shall so state in the request and shall specify what it believes to be missing.
Should the requesting bidder believe the trade secrets and/or confidential commercial and financial information which were redacted from the Agency Procurement File posted on the Agency website contain issues related to its request, the requesting bidder shall state those concerns in the request - even if speculative - in a manner which is specific enough for the Agency to provide a response.
These rules and regulations provide the opportunity to request reconsideration of an Agency's decision to award a contract requiring PPRB approval. No such opportunity exists where the contract will not require PPRB approval unless explicitly so stated by the procuring Agency.
The Agency shall consider whether the violation alleged by the requesting bidder is reflected in the Agency Procurement File and shall issue a written response to the request. The Agency's discretion to make subjective decisions in response to a request for reconsideration is limited only by the requirement that such discretion be supported by a legitimate business reason and exercised in a manner that is fair to all bidders.
The Agency shall respond to any questions or issues raised related to documents missing from the Agency Procurement File posted pursuant to Section 5.6.1.2. If the Agency failed to post the complete Agency Procurement File, the three-day time limitation for bidders to request reconsideration of the intent to award was not triggered and shall not be triggered until the complete Agency Procurement File is posted.10See Appendix D.
The Agency shall provide the most complete response possible to any questions or issues raised related to the trade secrets and/or confidential commercial or financial information of another bidder without revealing any trade secrets or confidential commercial or financial information.
The Agency decision on the request for reconsideration shall be issued prior to submitting the contract and Agency Procurement File to OPSCR for PPRB approval as described in Sections 1.2.1, 1.2.2, and 14.8. To issue the Agency decision, both the request for reconsideration and the Agency decision shall be (1) sent directly to all bidders, including the requesting bidder; (2) posted, publicly, on the procurement portal; and (3) posted, publicly, on the Agency website. The Agency decision shall be made part of the Agency Procurement File.
Should the Agency determine that its intent to award should be reconsidered in accordance with a bidder's request, the Agency may take any reasonable steps to preserve its procurement pursuant to Section 1.4.8 or may cancel the procurement.
Any contract resulting from an IFB in which the total contract value exceeds $75,000.00 and which is not otherwise exempt from PPRB's purview shall be submitted for PPRB approval prior to contract execution. Agencies shall refer to Sections 1.2.1, 1.2.2, and 14.8 regarding submission to OPSCR.
Prior to presenting the contract to PPRB, OPSCR shall review all aspects of the procurement process for compliance with these rules and regulations, including the Agency decision(s) following any request(s) for reconsideration. That review shall be the basis of OPSCR's recommendation to PPRB regarding approval of the contract.
Agencies may execute a contract following oral approval of the contract by the PPRB and are not required to delay contract execution until the PPRB's minutes are final. See Section 1.1.7.3.
A Notice of Contract Award shall be prepared following (1) approval of PPRB, if applicable; (2) approval by any other boards or required entities, if applicable; and (3) execution of the contract, contract renewal, or contract amendment. The Notice of Contract Award shall be posted publicly on the Agency website and on the Transparency website and shall be accompanied by an analysis as to why the personal or professional services contract was awarded, renewed, or amended. Executive Order 1362, Governor Phil Bryant: Promoting Transparency in Public Contracting, July 31, 2015.
10 If the Agency determines the Agency Procurement File posted on the Agency website is incomplete, the Agency shall provide notice to all bidders when the updated Agency Procurement File is posted. Such notice shall be (1) posted publicly on the Agency website, (2) posted publicly on the procurement portal, and (3) sent directly to all bidders who responded to the solicitation. This notice triggers the three-day time limitation to request reconsideration.
12 Miss. Code. R. 9-5.6