12 Miss. Code. R. 9-6.7

Current through October 10, 2024
Section 12-9-6.7 - Receipt and Acceptance of Proposals or Qualifications
6.7.1Receipt of Proposals or Qualifications

Each proposal or qualification shall be time and date stamped upon receipt, but not opened. All proposals and qualifications received shall be securely stored16 until the submission deadline has passed. Electronic proposals received shall also be securely stored until the submission deadline has passed.

6.7.2Proposal or Qualification Opening

At the time designated in the RFP or RFQ, proposals or qualifications shall be opened in the presence of at least two Agency officials, but should not be opened publicly. Agencies shall take every precaution in opening proposals or qualifications to avoid the disclosure of the contents of competing proposals or qualifications to offerors or members of the public prior to issuance of the Notice of Intent to Award. See Section 1.5.

6.7.3Proposal or Qualification Acceptance

Unless the solicitation states otherwise, proposals and qualifications need not be unconditionally accepted without alteration or correction.

6.7.3.1Withdrawals Before Submission Deadline

Proposals or qualifications may be withdrawn prior to the submission deadline by written notice to the Agency official responsible for the procurement. At the sole discretion of the Agency, the withdrawn proposal or qualification may be returned to the offeror or remain in the Agency Procurement File.

6.7.3.2Modifications Before Submission Deadline

Proposals or qualifications may be modified prior to the time and date set for submission by written notice to the Agency official primarily responsible for the procurement. An offeror intending to modify its proposal or qualification shall withdraw the proposal or qualification originally submitted and resubmit the modified proposal or qualification, in its entirety, prior to the submission deadline. At the sole discretion of the Agency, the withdrawn proposal or qualification may be returned to the offeror or remain in the Agency Procurement File.

6.7.3.3Late Proposals or Qualifications

Proposals or qualifications received after the time and date set for submission shall not be considered for award unless the Agency Head or his or her designee has determined, in writing, that considering such a proposal or qualification is in the best interest of the Agency and does not prejudice the other offerors. At the sole discretion of the Agency, any late proposal or qualification may be returned to the offeror or remain in the Agency Procurement File.

6.7.3.4Withdrawal After Submission Deadline

An offeror may withdraw its proposal or qualification after the submission deadline by submitting a written request to the Agency official responsible for the procurement. In the Agency's sole discretion, any such proposal or qualification may be returned to the offeror or maintained in the Agency Procurement File.

6.7.3.5Modifications After Submission Deadline

No changes in the proposal or qualifications shall be permitted after the submission deadline, unless the Agency determines such a change is not prejudicial to the interest of the Agency or fair competition.

6.7.3.6Confirmation of Proposals or Qualifications

When the Agency knows or has reason to conclude before award that a mistake has been made in a proposal or qualification, the Agency, in its sole discretion, may request that the offeror confirm that the proposal or qualification is correct.

If the offeror alleges a mistake, the proposal or qualification may be corrected if allowing such a correction is not to be prejudicial to the Agency or prejudicial to the equal and fair treatment of the other offerors.

If the offeror asserts there is no mistake, or if the Agency chooses not to request confirmation, the proposal or qualification shall be evaluated as submitted. Should

the offeror be awarded a contract, any mistake in the proposal or qualification shall be managed by the Agency as a contract compliance issue.

6.7.3.7Minor Informalities

Minor informalities are matters of form rather than substance; are evident from the proposal or qualification; are insignificant mistakes which can be waived or corrected without prejudice to other offerors; and the effect of a correction on price, quantity, quality, delivery, or contractual conditions is negligible. The Agency may waive such informalities or allow the offeror to correct them depending on which the Agency determines is in its own best interest and does not prejudice the other offerors.

6.7.3.8Memorandum for the Agency Procurement File

The Agency shall briefly summarize any determinations made or action taken under Section 6.7.3 and its subsections in a memorandum which shall be maintained in the Agency Procurement File.

6.7.4Multiple or Alternate Proposals or Qualifications

It shall be at the sole discretion of the procuring Agency as to whether offerors may submit multiple or alternate proposals or qualifications to be considered by the Agency. If such proposals or qualifications will be considered by the Agency, the solicitation document shall specifically so state and shall state the maximum number of multiple or alternate proposals or qualifications which will be accepted from an individual offeror.

Where an offeror submits multiple or alternate proposals or qualifications, but the solicitation document does not specifically contemplate that multiple or alternate proposals or qualifications will be considered, the Agency may - at its sole discretion - reject all proposals or qualifications submitted by the offeror or contact the offeror and ask them to withdraw all but one of the proposals or qualifications submitted.

16 The requirement that proposals or qualifications be securely stored means the proposals or qualifications are stored in such a manner that:

(1) all timely submitted proposals or qualifications are available, in full, to the Agency official primarily responsible for the procurement at the time the Agency opens proposals or qualifications, and
(2) the proposals or qualifications remain unopened at the time of the opening or, where the proposals or qualifications could not remain unopened in order to be available for the opening (e.g., submitted electronically and had to be printed), the contents of the proposals or qualifications have not been accessed prior to the opening by any person other than the Agency official primarily responsible for the procurement. To the extent this requirement is met, PPRB deems the requirement in Mississippi Code Annotated § 31-7-417 to store electronic proposals or qualifications in an electronic lock box to have been met.

12 Miss. Code. R. 9-6.7

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