12 Miss. Code. R. 9-5.1

Current through December 10, 2024
Section 12-9-5.1 - Content of an Invitation for Bids

An IFB shall include information which is sufficient to put prospective bidders on notice of the means of and requirements for submitting a bid. This includes, but is not limited to:

* bid submission requirements;

* a bid form and any other forms the bidder is required to submit;

* a description of the objective minimum qualifications required and any documentation needed to demonstrate the bidder objectively meets the minimum qualifications;

* a description of the personal and professional services required which is detailed enough to allow prospective bidders to adequately calculate their bid price and meet the needs of the Agency throughout the life of any resulting contract. All requirements of the procuring Agency shall be included in the IFB in order to be enforceable as to the successful bidder(s) during the contract term. Specifications shall not be unduly restrictive, but instead shall seek to promote overall economy and encourage competition in satisfying the Agency's needs;

* the contract terms and conditions;

* all clauses in Appendix E identified as required clauses for solicitations;

* a statement that the Agency may cancel the solicitation or reject any bid submitted if the Agency determines it is in the Agency's best interest to do so;

* a statement that, in submitting a bid, the bidder certifies that the price submitted was independently arrived at without collusion.

* notice of the opportunity to request reconsideration of the solicitation which can be accomplished by reference to Section 5.2.4 of the PPRB OPSCR Rules and Regulations;

* a requirement that, in addition to the complete unredacted version of the bid, the bidder shall also submit a copy of the bid with information the bidder deems confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1 redacted in black;

* notice to the bidder that it may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations if the Agency or the PPRB determine that redactions made by the bidder were made in bad faith in order to prohibit public access to the portions of the bid which are not subject to Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1; and

* notice to the bidder that the redacted version of the bid - or if a bidder does not produce a redacted version, the full bid document - will be released at the Agency's sole discretion, without notice to the bidder and will be produced as a public record exactly as submitted. It is recommended, but not required, that the Agency include the following language on the Bid Form:

Bidders shall acknowledge which of the following statements is applicable regarding release of its bid document as a public record. A bidder may be deemed non-responsive if the bidder does not acknowledge either statement, acknowledges both statements, or fails to comply with the requirements of the statement acknowledged. Choose one:

____ Along with a complete copy of its bid, bidder has submitted a second copy of the bid document in which all information bidder deems to be confidential commercial and financial information and/or trade secrets is redacted in black. Bidder acknowledges that it may be subject to exclusion pursuant to Chapter 15 of the PPRB OPSCR Rules and Regulations if the [Agency] or the Public Procurement Review Board determine redactions were made in bad faith in order to prohibit public access to portions of the bid which are not subject to Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1. Bidder acknowledges and agrees that [Agency] may release the redacted copy of the bid document at any time as a public record without further notice to bidder. A bidder who selects this option but fails to submit a redacted copy of its bid may be deemed non-responsive.

____ Bidder hereby certifies that the complete unredacted copy of its bid may be released as a public record by the [Agency] at any time without notice to bidder. Bidder explicitly waives any right to receive notice of a request to inspect, examine, copy, or reproduce its bid as provided in Mississippi Code Annotated § 25-61-9(1)(a). The bid contains no information bidder deems to be confidential commercial and financial information and/or trade secrets in accordance with Mississippi Code Annotated §§ 25-61-9, 75-26-1 through 75-26-19, and/or 79-23-1. A bidder who selects this option but submits a redacted copy of its bid may be deemed nonresponsive.

5.1.1Incorporation by Reference

The IFB may incorporate documents by reference provided that the IFB specifies where such documents can be obtained.

5.1.2Requirement that Bidders Acknowledge Amendments

The IFB shall require all bidders to acknowledge receipt of any IFB amendment issued.

5.1.3Uniform Bid Form

The IFB shall provide a form to be signed by the bidder and which shall include a space for insertion of the bid price. The bid form shall be uniform for all bidders who may respond to the IFB.

5.1.4Manner for Receipt of Bids

The Agency may receive written bids in any manner it chooses (e.g., hand delivery, electronic mail, e-procurement system, etc.). The IFB shall provide specific information as to the manner the Agency has chosen to receive bids.

12 Miss. Code. R. 9-5.1

Amended 9/6/2024