27 Miss. Code. R. 100-3-204

Current through October 31, 2024

Section 27-100-3-204 - COMPETITIVE SEALED QUALIFICATIONS

3-204.01Conditions for Use

The competitive sealed qualifications procurement method is used when the qualifications or specialized expertise of the respondent is critical to meet the needs of the agency and is the most important factor in selection. Single or multiple awards may be made depending upon the number of respondents needed by the agency to provide the service. Competitive sealed qualifications are sought through a Request for Qualifications (hereinafter referred to as "RFQ"). Respondents to the RFQ must submit a Statement of Qualifications (hereinafter referred to as "SOQ"). A contract may be entered into by competitive sealed qualifications as provided herein.

3-204.02Content of the Request for Qualifications

The RFQ shall include, but is not limited to, the following information:

(a) A description of the services to be provided;

(b) The minimum qualifications required, such as education, license(s), certification(s), experience, special skills needed to perform the services, the capacity and capability to perform the services within a relevant deadline, and the past record of performance with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines;

(c) The manner in which SOQ's will be evaluated, including the relative weight to be given to each qualification criterion, if not equal in weight;

(d) An estimate of when and for how long the services will be required;

(e) The type of contract to be used;

(f) The deadline and manner the SOQ's are to be submitted;

(g) The required form and content of the SOQ;

(h) The method through which a price will be determined;

(i) The deadline for submission of questions and posting of answers, if applicable;

(j) Information regarding the pre-conference, if applicable;

(k) Information regarding discussions with acceptable respondents, if applicable; and,

(l) A statement of minimum information that the SOQ should contain, including:

(1) The name of the respondent, the location of the respondent's principal place of business and, if different, the place of performance of the proposed contract;

(2) The age of the respondent's business and average number of employees over a previous period of time, as specified in the RFQ, except when respondent is a contract worker as defined in accordance with Section 3-101.04;

(3) The qualifications, including licenses, certifications, education, skills, and experience of all persons who would be assigned to provide the required services; and,

(4) A listing of other contracts under which services similar in scope, size, or discipline to the required services were performed or undertaken within a previous period of time, as specified in the RFQ.

3-204.03Public Notice

Public notice of the RFQ shall be given in the same manner as provided in Sections 3-202.01(c) and 3-202.06 (Competitive Sealed Bidding, Public Notice).

3-204.04Amendments to Requests for Qualifications

Amendments to RFQ's may be made in accordance with Section 3-202.08 (Amendments to Invitations for Bids) prior to submission of SOQ packets. After submission, amendments may be made in accordance with Section 3-202.19.2 (Procedure for Phase-One of Multi-Step Sealed Bidding, Amendments to the Invitation for Bid).

3-204.05Modification or Withdrawal of Statements of Qualifications

SOQ packets may be withdrawn prior to the established due date in accordance with Section 3-202.09 (Pre-Opening Modification or Withdrawal of Bids). For the purposes of this section and Section 3-204.06 (Late Proposals, Late Withdrawals, and Late Modifications) below, the established due date is the time and date set by the RFQ for receipt of submissions.

3-204.06Late Submissions, Late Withdrawals, and Late Modifications

Any SOQ packet received after the established due date is late. See Section 3-203.10 (Modification or Withdrawal of Proposals) for the definition of "established due date." Packets not received at the place designated for receipt of submissions are late. Late packets may only be considered in accordance with Section 3-202.10 (Late Bids, Late Withdrawals, and Late Modifications).

3-204.07Receipt and Registration of Statements of Qualifications

The SOQ packets shall be opened in the presence of two or more agency officials. The submitted packets shall be date-stamped or time/date-stamped upon receipt and held in a secure place until the established due date.

After the date established for receipt of SOQs, a Register of Respondents shall be prepared by the Procurement Officer which shall include for all SOQs:

(a) The name of each respondent;

(b) The number of modifications received, if any; and

(c) A description sufficient to identify the qualifications submitted.

3-204.08Requests for Nondisclosure of Data

The Procurement Officer shall examine the SOQ packets to identify any written requests for nondisclosure of trade secrets and other proprietary data. Any disclosure of this information is subject to the provisions of Mississippi Code Annotated §§ 25-61-9 and 79-23-1.

3-204.09Evaluation of Statements of Qualifications

3-204.09.1Evaluation Committee

The Agency Head shall appoint an evaluation committee.

3-204.09.2Evaluation and Classification of Statements of Qualifications

The committee shall evaluate each SOQ packet as provided in the RFQ. The committee shall classify SOQ packets as acceptable, potentially acceptable, or unacceptable. For any packet classified as unacceptable, the respondent shall be promptly notified in writing of the classification and the reasons therefor. A copy of the written notification shall be kept in the procurement file. If a packet is classified as unacceptable, the Agency Head or his designee shall record in writing the basis for the finding of unacceptability and make it part of the procurement file.

If provided in the RFQ, discussions may be held with individual respondents as provided in Section 3-204.10. If discussions are not held, the evaluation committee shall provide the Procurement Officer with a list of all acceptable respondents, ranking them in order of highest to lowest qualified. If discussions are held, the committee shall provide the list after consideration and evaluation of the information provided during the discussions. Only respondents classified as acceptable after discussions, if any, shall be included on the list.

3-204.10Discussions with Individual Respondents

Discussions may only be held with respondents whose SOQ packets are classified as acceptable or potentially acceptable. All respondents so classified shall be given an equal and fair opportunity to participate in individual discussions. The purpose of discussions is to determine in greater detail each respondent's qualifications and to determine if a respondent classified as potentially acceptable should be reclassified as acceptable.

3-204.10.1Conduct of Discussions

The Procurement Officer shall keep a record of the date, place, attendees, and a summary of the discussions of any such meeting, and make it part of the procurement file.

3-204.11Determination of Price

Price may be determined using one of the following methods:

(a) The agency may set the price; or

(b) The agency may request that respondents submit sealed pricing documents to be opened only after the evaluation of statements of qualifications, in accordance with Section 3-204.12.

3-204.12Multi-Step Sealed Qualifications

Multi-step sealed qualifications is designed to obtain the benefits of consideration of price and at the same time obtain the benefits of the competitive sealed qualifications procedure through the solicitation of statements of qualifications and the conduct of discussions and evaluation of statements of qualifications to determine the most qualified respondent.

3-204.12.1Definition

Multi-step sealed qualifications is a two-phase process consisting of the following:

(a) First phase - the respondents' statements of qualifications are evaluated and a determination is made as to whether a respondent is qualified; and,

(b) Second phase - the respondents whose statements of qualifications are determined to be qualified based on the evaluation of the criteria from the first phase have their sealed pricing documents opened.

3-204.12.2Conditions for Use

The multi-step sealed qualifications method may be used when it is not practical for the agency to determine the price prior to the procurement and when the qualifications or specialized expertise of the respondent is critical to meet the needs of the agency and is the most important factor in selection.

3-204.12.3Procedure for Phase One of Multi-Step Sealed Qualifications

3-204.12.4Conduct of Phase One

Phase One shall be conducted in accordance with Sections 3-204.01-3-204.10 except that respondents deemed qualified shall be ranked as most to least qualified.

3-204.12.5Form

Multi-step sealed qualifications shall be initiated by issuance of a Request for Qualifications in the form required by Section 3-204.02, except as hereinafter provided. In addition to the requirements set forth in Section 3-204.02, the multi-step sealed qualifications shall state:

(a) That sealed pricing offers are requested;

(b) Whether the sealed pricing offers are to be submitted at the same time as the statements of qualifications (if they are, such pricing documents shall be submitted in a separate sealed envelope);

(c) That it is a multi-step sealed qualifications procurement, and the pricing documents will be considered only in the second phase and only from those respondents who are found to be qualified in the first phase;

(d) That the State will then evaluate the Statements of Qualifications with pricing added in as a weighted factor and the set weight;

(e) That the State, to the extent the Procurement Officer finds necessary, may conduct oral or written discussions of the statements of qualifications; and,

(f) That the service being procured shall be furnished in accordance with the respondent's SOQ as found to be finally acceptable and shall meet the requirements of the Request for Qualifications.

3-204.12.6Procedure for Phase Two of Multi-Step Sealed Qualifications

3-204.12.6.1Initiation

Upon completion of Phase One, the Procurement Officer shall either:

(a) Open the sealed pricing documents submitted in Phase One (if pricing bids were required to be submitted) from respondents who were found to be qualified; or,

(b) Invite each qualified respondent to submit a sealed pricing document bid, if pricing documents were not submitted.

3-204.12.6.2Conduct of Phase Two

Pricing documents shall be opened in the presence of two or more agency officials. The submitted documents shall be date-stamped or time/date-stamped upon receipt and held in a secure place until the established due date.

The procurement officials will then evaluate the submitted statements of qualifications and pricing documents together, using the weighted criteria set from the Request for Qualifications, including the set weight for price for the second phase. The respondents will then be ranked from highest to lowest based on the scoring of the weighted criteria, including price.

3-204.12.7Mistakes During Multi-Step Sealed Qualifications

Mistakes may be corrected or statements of qualifications may be withdrawn during Phase One at any time. During Phase Two, mistakes may be corrected or withdrawal permitted in accordance with Section 3-202.12 (Mistakes in Bids).

3-204.13Award

Award shall be made to the highest ranked respondent, or respondents, if multiple contracts are required based upon the needs of the agency. The Agency Head or his designee shall make a written determination showing the basis on which the award was found to be most advantageous to the State based on the factors set forth in the RFQ. The written determination shall be maintained in the procurement file. This shall include an analysis describing why the personal or professional services contract was awarded, renewed, or amended to be published in accordance with Section 2-204.12 (Publicizing Award).

3-204.14Publicizing Award

Written notice of award shall be sent to all respondents and copies of such notices shall be maintained in the procurement file. Notice of award shall be made available to the public in accordance with Executive Order 1362. The public notice of award must be accompanied by an analysis describing why the personal or professional services contract was awarded, renewed, or amended.

27 Miss. Code. R. 100-3-204

Adopted 1/15/2015

Amended 1/15/2015

Amended 4/14/2016

Amended 7/1/2016