12 Miss. Code. R. 9-7.8

Current through December 10, 2024
Section 12-9-7.8 - Cancellation of Solicitation or Rejection of Individual Applications

At the Agency's sole discretion, an RFA may be canceled or any or all responses to the solicitation may be rejected when the Agency determines that it is in the Agency's best interest to do so. A memorandum stating the reasons for the cancellation or rejection shall be made part of the Agency Procurement File.

Solicitations should only be issued when there is a valid procurement need unless the solicitation states that it is for informational purposes only. The solicitation process requires expenditure of public sector time and resources, and preparing responses requires expenditure of private sector time and resources. However, nothing in this Section shall be construed as conferring any grievance right on any party when an Agency chooses to cancel its solicitation.

7.8.1Notice of Cancellation of RFA

When a solicitation is canceled, Notice of Cancellation shall identify the solicitation being canceled and provide any information the Agency deems appropriate. The Notice of Cancellation shall:

(1) be posted publicly on the Agency website;
(2) be posted publicly on the procurement portal; and
(3) be distributed to all potential offerors known to have received a copy of the RFA. A memorandum containing the reasons for the cancellation shall be made part of the Agency Procurement File.
7.8.2Rejection of Individual Applications

Reasons for rejecting individual applications include but are not limited to:

* the application was non-responsive to the solicitation;

* the applicant is deemed non-responsible;

* the applicant fails to meet the requirements of the Agency;

* lack of competitiveness by reason of collusion or knowledge that reasonably available competition did not occur.

7.8.3Disposition of Applications

Where applications are individually rejected, or the solicitation is canceled after application are received, the Agency shall have the sole discretion to determine whether to return applications to the applicant or retain the applications in the Agency Procurement File. If the Agency chooses to return the application to the applicants, the Agency shall ensure enough information is retained in the Agency Procurement File to support the Agency's decision to reject any application.

12 Miss. Code. R. 9-7.8

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