12 Miss. Code. R. 9-6.3
An IFB is the preferred method of procurement. See Chapter 5. When it is not practicable or advantageous for an Agency to use an IFB as the procurement method, the Agency shall seek approval from PPRB to use an RFP or RFQ. Approval is sought by filing a petition for relief from the requirement to use an IFB.
The terms "practicable" and "advantageous" are to be given ordinary dictionary meanings. Practicable13 means what may be accomplished or put into practical application. Advantageous14 means an assessment of what is in the Agency's best interest.
The Agency shall use the form provided on the DFA website to submit a petition for relief for PPRB approval.
The petition shall contain a written determination and detailed explanation that the use of an IFB is either not practicable, not advantageous, or both. When use of an IFB is practicable but not advantageous, the petition for relief shall state the reason use of an IFB is not advantageous with particularity.
The petition shall also contain a list and brief explanation of the categories of evaluation factors the Agency intends to use to evaluate the proposals or qualifications and the percentage of points that will be assigned to each category.
The petition shall be signed by the Agency Head or their designee and shall be submitted to OPSCR pursuant to the deadlines established by PPRB for contract approval.
The petition will be granted where PPRB determines use of an IFB is either not practicable, not advantageous, or both. If PPRB determines that the services the Agency requires should be procured using an IFB, the petition will not be granted.
To the extent the proposed categories of evaluation factors are compliant with these rules and regulations, PPRB delegates authority to OPSCR staff to approve petitions for relief where the procuring Agency will set the price for the services being solicited.
PPRB may modify or revoke its determination at any time, and the determination should be reviewed for current applicability from time to time. PPRB approval of petitions for relief expire one year from the date of approval unless an extension is granted by PPRB.
Agencies may not combine services in an RFP or RFQ which are required to be procured using an IFB in order to avoid the statutory preference of procurement using an IFB. Mississippi Code Annotated § 31-7-403(4).
12 In addition to whether it is practicable to use an IFB and whether it is advantageous to use an IFB, Mississippi Code Annotated § 31-7-403(4) provides the following considerations: whether quality, availability, or capability are overriding in relationship to price; whether an RFP or RFQ would be more advantageous if procuring research and development or technical services; whether both installation and maintenance are needed and what priority each should be given in the evaluation process; and whether the marketplace will respond better to an RFP or RFQ such that the Agency can evaluate a range of proposals and conduct discussions prior to awarding the contract.
13 Mississippi Code Annotated § 31-7-403(2) provides the following considerations as to whether something is practicable: whether the Agency needs a pricing structure other than fixed price; whether oral or written discussions may need to be conducted; whether offerors may need the opportunity to revise proposals; whether the Agency would like to request a Best and Final Offer; whether the award may need to be based upon comparative evaluation of methodology or qualifications; whether the primary consideration is something other than price. An Agency may also consider whether there is sufficient time or information suitable to prepare a scope of services specific enough to use an IFB; whether the nature of the procurement permits award to the low bidder who will agree to unconditionally perform the scope of services without reservation; and whether any law or professional code of conduct prohibits certain services providers from competitive bidding.
14 Mississippi Code Annotated § 31-7-403(3) provides the following considerations as to whether something is advantageous: the need for flexibility; the type of evaluation that will be needed after offers are received; whether an RFP or RFQ would result in advantageous contract terms; whether the Agency would benefit from evaluating degrees of experience, expertise, and the relative ability of the offerors to perform; whether factors such as artistic or aesthetic value need to be considered; and whether prior procurements indicate that an RFP or RFQ would be more beneficial to the Agency.
12 Miss. Code. R. 9-6.3