27 Miss. Code. R. 1-7-112

Current through September 24, 2024

Section 27-1-7-112 - POST-AWARD VENDOR DEBRIEFING

Agencies are encouraged to exchange information with vendors in an effort to build and strengthen business relationships and improve the procurement process between vendors and the State. To further this effort, agencies shall establish vendor debriefing procedure(s) and inform vendors at the time of procurement of the right to request a debriefing. At a minimum, debriefing should occur within five (5) business days after the vendor request and prior to submission of the contract packet to the PSCRB. Agencies shall submit with the contract approval request, documentation signed by their agency head or his or her designee, reporting the number of vendor debriefings requested and conducted. This information may be included as part of the protest correspondence required in Section 7-111 (Protest Documents).

7-112.01 Debriefing Request

A vendor, successful or unsuccessful, may request a post-award vendor debriefing, in writing, by U.S. mail or electronic submission, to be received by the agency within three (3) business days of notification of the contract award. A vendor debriefing is a meeting and not a hearing; therefore, legal representation is not required. If a vendor prefers to have legal representation present, the vendor must notify the agency and identify its attorney. The agency shall be allowed to schedule and/or suspend and reschedule the meeting at a time when a representative of the Office of the Mississippi Attorney General can be present.

7-112.02 When Debriefing Should Be Conducted

Unless good cause exists for delay, the debriefing should occur within five (5) business days after receipt of the vendor request and may be conducted during a face-to-face meeting, by telephonic or video conference, or by any other method acceptable to the agency. The Procurement Officer or designee should chair the meeting, and where practicable, include other staff with direct knowledge of the procurement.

7-112.03 Information To Be Provided

At a minimum, the debriefing information shall include the following:

(1) The agency's evaluation of significant weaknesses or deficiencies in the vendor's bid or proposal, if applicable;

(2) The overall evaluated cost or price, and technical rating, if applicable, of the successful vendor(s) and the debriefed vendor;

(3) The overall ranking of all vendors, when any ranking was developed by the agency during the selection process;

(4) A summary of the rationale for award; and,

(5) Reasonable responses to relevant questions about selection procedures contained in the solicitation, applicable regulations, and other applicable authorities that were followed.

7-112.04 Information Not To Be Provided

The debriefing shall not include point-by-point comparisons of the debriefed vendor's bid or proposal with those of other offering vendors. Moreover, the debriefing agency shall not reveal any information prohibited by law and/or the following:

(1) Trade secrets as identified by the offering vendor claiming the trade secrets;

(2) Privileged or confidential manufacturing processes and techniques as identified by the offering vendor claiming the privileged or confidential information;

(3) Commercial and financial information that is privileged or confidential, to include an offering vendor's cost, breakdowns, profit, indirect cost rates, and similar information as identified by the offering vendor claiming the privileged or confidential information; and/or,

(4) The names of individuals providing reference information about any vendor's past performance.

7-112.05 Statement In The Solicitation

The agency shall include in each solicitation a statement that vendor debriefing is available and the information described in Section 7-112.03 may be disclosed during post-award debriefing.

7-112.06 Summary

An official summary of the debriefing shall be included in the contract file.

7-112.07 Pre-Award Vendor Debriefing

Nothing in these regulations requires or prohibits pre-award vendor debriefing.

27 Miss. Code. R. 1-7-112

Amended 10/15/2015