12 Miss. Code. R. 9-5.5
Only objectively measurable criteria set forth in the IFB shall be applied in bid evaluation. Criteria not set forth in the IFB may not be used to evaluate the bids. Contract(s) may only be awarded to the lowest responsive and responsible bidder(s).
In order to determine which bidder is the lowest responsive and responsible bidder, the Agency shall evaluate:
To the extent it is not contrary to the interest of the Agency or the fair treatment of other bidders, any bidder may withdraw his bid and submit a modified bid at any point prior to the bid submission deadline. Modified bids shall not be opened until the bid opening. Unless the IFB provides otherwise, any bidder submitting more than one bid will be deemed to have withdrawn the bid submitted earlier in time in favor of the bid submitted later in time.
A bidder may withdraw a bid at any time by written notice to the Agency official designated in the IFB. If any such withdrawal occurs by the successful bidder(s) after the bid opening and/or issuance of the Notice of the Intent to Award, the Agency may cancel the solicitation or proceed with award of a contract as if the withdrawn bid had not been submitted.
When the Agency knows or has reason to conclude that a mistake has been made, the Agency may request the bidder to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid which is unreasonably lower than the other bids submitted. If the bidder alleges a mistake, the bid shall be considered withdrawn unless correction meets the definition of a minor informality. The Agency shall have the sole discretion as to whether confirmation of a bid is warranted, but the Agency shall exercise that discretion in a manner that is fair to all bidders.
Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Agency may waive such informalities or allow the bidder to correct them depending on which the Agency determines to be in the Agency's best interest. Any Agency waiving or allowing correction of a minor informality shall make a written determination that the issue constitutes a minor informality as described herein.
Written acknowledgement of all amendments to the IFB shall be received from all bidders prior to issuance of the Notice of Intent to Award.
Should any bidder fail to submit all necessary acknowledgement(s) with its bid, the Agency shall have the sole discretion as to whether to request a bidder to submit the required acknowledgement(s) after the bid submission deadline but prior to issuance of the Notice of Intent to Award. The Agency shall exercise that discretion in a manner that is fair to all bidders. Any bidder who does not provide the Agency acknowledgement(s) of every amendment issued may be deemed non-responsive and not eligible for award.
The contract shall be awarded to the bidder who submitted the lowest responsive and responsible bid based on the criteria set forth in the IFB. Where a bidder has offered more comprehensive services than those solicited, such unsolicited offers shall not be considered in determining which bidder(s) will be awarded a contract. An Agency may accept more comprehensive services offered by a bidder, as long as (1) the unsolicited services are offered at no cost to the Agency and (2) the bidder would have been the awardee regardless of whether the unsolicited services had been offered (i.e., the unsolicited services were not considered in determining which bidder would be the intended awardee.)
It shall be at the sole discretion of the procuring Agency as to whether bidders may submit multiple or alternate bids to be considered by the Agency. If such bids will be considered by the Agency, the solicitation document shall specifically so state. The solicitation document shall also state the maximum number of multiple or alternate bids which will be accepted from an individual bidder, if any.
Where a bidder submits multiple or alternate bids, but the solicitation document does not specifically contemplate that multiple or alternate bids will be considered, the Agency has the sole discretion to either reject all bids submitted by the bidder or evaluate only the bid offering the lowest overall price. The Agency shall exercise its discretion in a manner that is fair to all bidders.
Where more than one responsive and responsible bidder submitted identical prices which are the lowest overall bid prices and meet all the requirements set forth in the IFB:
* Resident vendors shall be given preference over non-resident vendors, pursuant to Mississippi Code Annotated § 31-7-47;
* If, after evaluation of this criterion, there continue to be low tie bids, each of the low tie bidders may be informed of their status as a low tie bidder and a Best and Final Offer ("BAFO") may be requested;
* If, after receiving responses to the request for a BAFO, there continue to be low tie bids, an award may be made, in the discretion of the Agency Head, in any permissible manner that will discourage tie bids; and
* If no permissible method will be effective in discouraging tie bids, and a written determination is made so stating, award may be made by drawing lots. In such case, those bidders involved shall be invited to attend the procedure.
If only a single bid is received which is responsive and responsible, an award may be made to the single bidder if the Agency makes a written determination that (1) other prospective bidders had a reasonable opportunity to respond and (2) to the best of the Agency's knowledge, the intended awardee reasonably anticipated competing bids may be submitted. It is presumed that an Agency choosing to award a contract when only a single responsive and responsible bid is received has determined the price was reasonable when considering all relevant circumstances.
Any bid which is conditioned upon receiving award of the particular contract being solicited and another contract shall be deemed non-responsive and not eligible for award.
12 Miss. Code. R. 9-5.5