Current through October 31, 2024
Section 12-8-600.9 - DEBRIEFINGS Debriefings that furnish the basis of the source selection decision and contract award may be provided by the agency procurement officer only when the RLP includes evaluation factors other than total cost alone and in accordance with the following:
(1) At the written request of any offeror who has submitted a proposal, debriefings may be given orally, in writing, or by any other method acceptable to the agency procurement officer. Such debriefings may be given at any time on or after the eighth (8 th) day after the agency has issued Notice of Intent to Award the Lease Contract. In no case may an offeror request a debriefing more than thirty (30) days after the agency has awarded the Lease Contract. (2) An offeror's written request for a debriefing should include a list of any questions an offeror may have in order to assist the agency procurement officer or agency staff in preparing the debriefing. (3) A debriefing may include: a. The agency's evaluation of significant weaknesses or deficiencies in the proposal, if applicable; b. The overall evaluated cost and other factor scores, if applicable, of the successful offeror and the debriefed offeror; c. The overall ranking of all proposals; d. A summary of the rationale for award; and, e. Reasonable responses to relevant questions about whether source selection procedures contained in the RLP and applicable law were followed. (4) Debriefings should not include point-by-point comparisons of the debriefed proposal with those of other offerors. (5) Any debriefing should not reveal any information prohibited from disclosure by law, or exempt from release under the Mississippi Public Records Act of 1983, including trade secrets, or privileged or confidential commercial or manufacturing information. Agencies should consult their public information officer or agency legal representative for guidance in complying with the Act prior to conducting debriefings. (6) Debriefings are non-adversarial business meetings. Accordingly, offerors may bring legal representation to any oral debriefing, although it is not necessary. If, however, any offeror intends to have legal representation present during an oral debriefing, offeror must so advise agency at time of request for debriefing, and the agency must also have its legal representative in attendance. Questioning of agency staff by offeror's legal representative(s) is not permitted. (7) A summary of any debriefing should be included in the Lease Contract file. 12 Miss. Code. R. 8-600.9