12 Miss. Code. R. 9-6.6

Current through October 10, 2024
Section 12-9-6.6 - Pre-Submission Requirements
6.6.1Letters of Intent

Agencies may choose to require prospective offerors to submit a letter stating their intent to submit a proposal or qualification as a prerequisite to submitting a proposal or qualification in response to the RFP or RFQ. 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.

6.6.2Pre-Submission Conferences

Pre-submission conferences may be conducted to explain the procurement requirements.

6.6.2.1Mandatory or Optional Attendance

The Agency may determine whether to make attendance at such conference mandatory or optional.

6.6.2.2Notice of Pre-Submission Conference

Notice of such conference shall be prominently placed in the RFP or RFQ, or in an amendment to the RFP or RFQ if the decision to hold a pre-submission conference is made after the RFP or RFQ is issued. The notification shall include the date, time, and location of the conference.

6.6.2.3Timing of the Pre-Submission Conference

A pre-submission conference shall not be held less than 14 calendar days after the date of public notice. In determining when the pre-submission conference will be held, the Agency shall consider the complexity of the procurement and the potential modifications to the solicitation and/or the solicitation responses that may need to be made following the conference. The conference shall be held long enough after the RFP or RFQ has been issued to allow offerors to become familiar with the requirements of the RFP or RFQ but sufficiently before the submission deadline to allow consideration of the conference results in preparing proposals or qualifications.

6.6.2.4Requirements for Pre-Submission Conference

Any Agency conducting a pre-submission conference shall meet the following requirements:

* The Agency procurement official primarily responsible for conducting the procurement shall chair the conference.

* Offerors attending the conference shall be required to sign an attendance sheet or their attendance shall be otherwise recorded.

* At the beginning of the conference, the chair shall announce how the conference will be handled (i.e., state the agenda for the conference).

* The conference shall be recorded; when the conference is over, a complete transcript of the recording or the full audio or video recording shall be made publicly available on the Agency website.

* Any questions and answers from the conference shall be put in writing.

6.6.2.5Amendment to RFP or RFQ following the Pre-Submission Conference

An Amendment to the RFP or RFQ shall be issued following the pre-submission conference which includes (1) the transcript of the recording and/or instructions as to how the full audio or video recording of the pre-submission conference may be accessed, (2) the questions and answers from the conference, and (3) any other amendments to the RFP or RFQ which the Agency wishes to make as a result of the conference. Nothing stated at the pre-submission conference shall change the RFP or RFQ unless explicitly stated in the written amendment. The Amendment shall be compliant with the requirements of Section 6.6.4.

The transcript of the pre-submission conference recording and/or access to the full audio or video recording of the pre-submission conference shall remain publicly available on the Agency's website until a contract resulting from the procurement is fully executed following PPRB approval or the procurement is canceled.

6.6.3Questions and Answers

An Agency may choose to allow written questions to be submitted by potential offerors following issuance of the RFP or RFQ, at a pre-submission 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 RFP or RFQ.

6.6.4Amendments to RFPs or RFQs

Amendments to RFPs or RFQs are used to:

* revise the RFP or RFQ such as updating the quantity, scope, or submission date;

* correct defects or ambiguities in the RFP or RFQ; or

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

Amendments shall be identified as an amendment, shall reference the portion of the RFP or RFQ amended, and shall require all offerors to acknowledge receipt of the amendment.

6.6.4.1Distribution

Amendments shall be:

(1) sent directly to all prospective offerors known to have received a copy of the RFP or RFQ;
(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 RFP or RFQ 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.

6.6.4.2Timeliness

Amendments shall be distributed within a reasonable time to allow prospective offerors to consider them in preparing their proposals or qualifications. If the time and date set for receipt of proposals or qualifications will not permit such preparation, the time and date set for receipt of proposals or qualifications shall be extended. Any such extension of the submission deadline shall be communicated to all prospective offerors 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. 9-6.6

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