Mississippi Administrative Code › Title 12 - Finance and Administration › Part 9 - Office of Personal Service Contract Review Rules and Regulations › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Sec2 12-9-3-202 - COMPETITIVE SEALED BIDDING › Section 12-9-3-202.01 - General Provisions

Current through June 25, 2024
(a)
Conditions for
Use: Competitive sealed bidding is the preferred
				  method of procurement and contracts shall be awarded by competitive sealed
				  bidding unless approval is given to utilize a different method.
(b)
Invitation for Bids:
An
				  Invitation for Bids shall be issued and shall include a purchase description
				  and all contractual terms and conditions applicable to the procurement.
(c)
Public Notice:
When the amount of the contract is anticipated to be more than $75,000.00,
				  public notice must be given in accordance with Section 3-202.06. All personal
				  and professional services contract procurements must be posted on the
				  Mississippi Contract/Procurement Opportunity Search Portal in accordance with
				  Mississippi Code Annotated §
										25-53-151.
(d)
Bid Opening:
Bids shall be
				  opened publicly in the presence of one of more witnesses at the time and place
				  designated in the Invitation for Bids. The name of each bidder shall be
				  recorded. The amount of each bid and such other relevant information as may be
				  specified by regulation may be recorded; the record and each bid shall be open
				  to public inspection as provided in Section 1-301 (Public Access to Procurement
				  Information).
(e)
Bid
				  Acceptance and Bid Evaluation:
Bids shall be unconditionally accepted
				  without alteration or correction, except as authorized in these regulations.
				  Bids shall be evaluated based on the requirements set forth in the Invitation
				  for Bids, which may include criteria to determine acceptability such as
				  inspection, testing, quality, workmanship, delivery, and suitability for a
				  particular purpose. Those criteria that will affect the bid price and be
				  considered in evaluation for award shall be objectively measurable where
				  possible. The Invitation for Bids shall set forth the evaluation criteria to be
				  used. No criteria may be used in an evaluation that is not set forth in the
				  Invitation for Bids.
(f)
Correction or Withdrawal of Bids; Cancellation of Awards:
Correction or withdrawal of inadvertently erroneous bids before an award, or
				  cancellation of awards or contracts based on erroneous bids shall be permitted
				  in accordance with these regulations. After bid opening, no changes in bid
				  prices or other provisions of bids prejudicial to the interest of the State or
				  fair competition shall be permitted. Except as otherwise provided herein, all
				  decisions to permit the correction or withdrawal of bids or to cancel awards or
				  contracts based on bid mistakes shall be supported by a written determination
				  made by the Agency Head. The written determination shall be maintained in the
				  Agency Procurement File.
(g)
Award:
The contract shall be awarded with reasonable promptness by
				  written notice to the lowest responsible and responsive bidder whose bid meets
				  the requirements and criteria set forth in the Invitation for Bids.