Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 100 › Chapter 3 - SOURCE SELECTION AND CONTRACT FORMATION › Section 27-100-3-202 - COMPETITIVE SEALED BIDDING

Current through June 25, 2024
3-202.01
General Provisions
(a)
Conditions for Use:
Contracts shall be awarded by competitive
				sealed bidding when a determination is made that this method is the best suited
				for a particular service.
(b)
Invitation for Bid:
An Invitation for Bid 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, 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 Bid. 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 Bid, 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 Bid 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 Bid.
(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 with the approval of the PSCRB. The written
				determination shall be maintained in the agency's procurement file.
(g)
Award:
The contract shall be
				awarded with reasonable promptness by written notice to the lowest responsible
				bidder whose bid meets the requirements and criteria set forth in the
				Invitation for Bid.
(h)
Multi-Step Sealed Bidding:
When it is considered impractical to
				initially prepare a purchase description to support an award based on price, an
				Invitation for Bid may be issued requesting the submission of unpriced offers
				to be followed by an Invitation for Bid limited to those bidders whose offers
				have been qualified under the criteria set forth in the first solicitation.