12 Miss. Code. R. 9-6.4

Current through October 10, 2024
Section 12-9-6.4 - Content of the RFP or RFQ

The RFP or RFQ shall include the following:

* instructions and information to offerors concerning proposal submission requirements, including, but not limited to:

* the time and date set for receipt of proposals or qualifications;

* the address of the office to which proposals or qualifications are to be delivered or specific instructions as to how proposals or qualifications are to be delivered to the Agency if submission is to be made electronically or by any other means;

* the manner in which the proposals or qualifications are to be submitted, including any forms for that purpose; and

* a statement of when and how price should be submitted.

* the types of services required, a description of the work involved, the delivery or performance schedule, and any other inspection and acceptance requirements. Specifications shall not be unduly restrictive, but instead should seek to promote overall economy for the purposes intended and encourage competition in satisfying the Agency's needs;

* the contract terms and conditions, including warranty and bonding or other security requirements, as applicable;

* a statement that, in submitting a proposal or qualification, the offeror certifies that the price submitted was independently arrived at without collusion.

* a description of the objective minimum qualifications required, and any documentation needed to demonstrate the offeror objectively meets minimum qualifications;

* the evaluation factors to be used in the evaluation and selection process and the order of importance of the evaluation factors (either by the order listed, weights, or some other manner);

* a statement that discussions may be conducted with offerors who submit proposals or qualifications determined to be reasonably susceptible of being selected for award, but that proposals or qualifications may be accepted without such discussions;

* a statement that the RFP or RFQ, its amendments, the offeror's proposal or qualification, and the Best and Final Offer, if applicable, shall be incorporated into the successful offeror(s)' contract;

* a requirement that all offerors acknowledge every amendment to the RFP or RFQ in writing on or before the proposal or qualification submission deadline;

* the RFP or RFQ may incorporate documents by reference provided that the RFP or RFQ specifies where such documents can be obtained;

* a statement that the RFP or RFQ may be canceled at the sole discretion of the Agency pursuant to the requirements in Section 6.10;

* a statement that any proposals or qualifications may be rejected in whole or in part when in the best interest of the Agency pursuant to the requirements in Section 6.10;

* a requirement that all offerors list their principals, parent organizations, and subsidiary organizations in their proposal or qualification. The Agency shall define what "principal" of the offeror means as it relates to the specific procurement and that definition shall also be included in the RFP or RFQ;

* all clauses in Appendix E which are identified as required clause for solicitations;

* notice of the opportunity to request reconsideration of the terms of the solicitation, which can be accomplished by referencing Section 6.5.4 of the PPRB OPSCR Rules and Regulations;

* a requirement that, in addition to the complete unredacted version of the proposal or qualification, the offeror shall also submit a copy of the proposal or qualification with information the offeror deems confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1 redacted in black;

* notice that the offeror may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations if the Agency or the PPRB determine that redactions made by the offeror were made in bad faith in order to prohibit public access to the portions of the proposal or qualification which are not subject to Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1; and

* notice to the offeror that the redacted version of the proposal or qualification - or if an offeror does not produce a redacted version, the full proposal or qualification - will be released at the Agency's sole discretion, without notice to the offeror, and will be produced as a public record exactly as submitted. It is recommended, but not required, that the Agency include the following language on a form the offeror will be required to execute and submit with its proposal or qualification:

Offerors shall acknowledge which of the following statements is applicable regarding release of its [proposal, qualification] as a public record. An offeror may be deemed non-responsive if the offeror does not acknowledge either statement, acknowledges both statements, or fails to comply with the requirements of the statement acknowledged. Choose one:

____ Along with a complete copy of its [proposal, qualification], offeror has submitted a second copy of the [proposal, qualification] in which all information offeror deems to be confidential commercial and financial information and/or trade secrets is redacted in black. Offeror acknowledges that it may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations if the [Agency] or the Public Procurement Review Board determine redactions were made in bad faith in order to prohibit public access to portions of the [proposal, qualification] which are not subject to Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1. Offeror acknowledges and agrees that [Agency] may release the redacted copy of the [proposal, qualification] at any time as a public record without further notice to offeror. An offeror who selects this option but fails to submit a redacted copy of its [proposal, qualification] may be deemed non-responsive.

____ Offeror hereby certifies that the complete unredacted copy of its [proposal, qualification] may be released as a public record by the [Agency] at any time without notice to offeror. The [proposal, qualification] contains no information offeror deems to be confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1. Bidder explicitly waives any right to receive notice of a request to inspect, examine, copy, or reproduce its bid as provided in Mississippi Code Annotated § 25-61-9(1)(a). An offeror who selects this option but submits a redacted copy of its [proposal, qualification] may be deemed non-responsive.

12 Miss. Code. R. 9-6.4

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