27 Miss. Code. R. 1-3-103

Current through October 10, 2024

Section 27-1-3-103 - UNSOLICITED OFFERS

3-103.01 Definition

An unsolicited offer is any offer other than one submitted in response to a solicitation.

3-103.02Processing of Unsolicited Offers

The Procurement Officer or Agency Head shall follow the provisions of this section in considering an unsolicited offer. If an award is made, the agency shall notify PSCRB that the award was the result of an unsolicited offer.

3-103.03Conditions for Consideration

To be considered for evaluation, an unsolicited offer:

(a) must be in writing;

(b) must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to the State;

(c) must be unique or innovative to State use;

(d) must demonstrate that the proprietary character of the offering warrants consideration of the use of sole-source procurement; and,

(e) may be subject to testing.

3-103.04Evaluation

The unsolicited offer shall be evaluated by the Agency Head to determine its utility to the State and whether it would be to the State's advantage to enter into a contract based on such offer. If an award is to be made on the basis of such offer, the sole-source procedures in Section 3-205 (Sole-Source Procurement) shall be followed.

3-103.05Confidentiality

Subject to the provisions of the Mississippi Public Records Act, Mississippi Code Annotated §§ 25-61-1et seq. (1972, as amended), any written request for confidentiality of data contained in an unsolicited offer that is made in writing shall be honored. If an award is made, confidentiality of data shall be agreed upon by the parties. If agreement cannot be reached on confidentiality, the State may reject the unsolicited offer.

27 Miss. Code. R. 1-3-103

Amended 10/15/2015