27 Miss. Code. R. 100-3-202
The provisions herein apply to every procurement made by competitive sealed bidding, including multi-step bidding.
The Invitation for Bid is used to initiate a competitive sealed bid procurement.
The Invitation for Bid shall include the following:
The Invitation for Bid may incorporate documents by reference provided that the Invitation for Bid specifies where such documents can be obtained.
The Invitation for Bid shall require the acknowledgment of the receipt of amendments issued.
Bidding time is the period of time between the date of distribution of the Invitation for Bid and the time and date set for receipt of bids. In each case, bidding time will be set to provide bidders a reasonable time to prepare their bids.
The Invitation for Bid shall provide a form to be signed by the bidder and which shall include a space for insertion of the bid price.
The Invitation for Bid may state that facsimile bids will be considered whenever they are delivered sealed at the designated office by the time and date set for receipt of bids. For a bid to be acceptable when transmitted by a facsimile machine, it shall have been faxed to an off-site location and delivered sealed to the agency prior to the time and date set for the bid opening. Such facsimile bids shall contain specific reference to:
Prior to an award being made, submission of an original bid shall be required.
The Invitation for Bid may state that sealed bids will be considered if they are delivered electronically through the MAGIC system by the time and date set for receipt of bids. All information regarding electronic submissions for Invitation for Bids should be posted in MAGIC. The withdrawal and modification of bids following electronic submission must be in compliance with Section 3-202.09.
Invitations for Bids or Notices of Availability of Invitations for Bids shall be mailed or otherwise furnished to a sufficient number of bidders to promote competition. Notices of Availability shall indicate where, when, and for how long Invitations for Bids may be obtained, generally describe the service desired, and may contain other appropriate information.
Every Invitation for Bid for services in excess of $75,000 shall be publicized in the legal notices section of a newspaper published in the county or municipality in which the agency is located, or the employment section of a newspaper when procuring services of contract workers under Section 3-101.04.1, and shall be posted on the Mississippi Contract/ Procurement Opportunity Search Portal in accordance with Mississippi Code Annotated § 25-53-151. Publication should be made at the time the IFB is issued. Additionally, the agency may publicize in a newspaper of general circulation in the area pertinent to the procurement, in industry media, or in a government publication designed for giving public notice.
When composing the advertisement to appear in the legal notice section of the newspaper and the Mississippi Contract/Procurement Opportunity Search Portal, the intent is to promote competition. Prospective bidders should be given as much information as possible. The date fixed for receiving bids shall not fall on a Monday, or any day directly following a state holiday.
The following is a suggested guide for a legal notice newspaper advertisement:
The (name of the agency) will accept sealed bids until (time of bid opening), (day of the week), (month) (date), (year) for the purpose of purchasing the following: (name of service to be procured), (bid file number). Detailed specifications may be obtained by contacting (name of contact person) at (telephone number), (electronic address), or at (physical mailing address).
The following is a suggested guide for an employment section newspaper advertisement:
The (name of the agency) will accept applications until (time), (day of the week), (month) (date), (year) for the purpose of hiring contract workers with the following qualifications: (include minimum qualifications for position). Contracts will be for a period of (term of contract) with a rate of pay of ($$) per hour. Applications can be submitted by (explanation of submission options, including address or web address. Contact (name) and (phone number) for more information.
Advertising time is the period of time between the date of publication of the advertisement and the time and date set for the receipt of bids. Advertisement for bids shall be published once each week for two consecutive weeks with the second notice being published on or after the seventh (7th) calendar day after publication of the first notice. For publication on the Mississippi Contract/Procurement Opportunity Search Portal, the advertising time shall be concurrent with a newspaper publication, and shall run for fourteen (14) consecutive days.
Example:If the first newspaper publication is June 1st, the second newspaper publication cannot be before June 8th.
The date set for the bid opening for services shall not be less than seven (7) working days (as opposed to calendar days) after the last notice appears in the newspaper and no more than fourteen (14) working days after the last notice appears in the newspaper unless an agency determines due to the complex requirements of the procurement that a longer vendor response time is necessary. The date set for bid opening must be included in the advertisement.
Note:There must be seven (7) full working days between the date the last notice appeared and the date that bids are opened. This does not include weekends or holidays. Also, the date on which the last notice runs is not included in the calculation of days. The last day of this period will be included unless the last day is a Saturday, Sunday, Monday, or legal holiday, in which case the period lasts until the end of the next day which is not a Saturday, Sunday, Monday, legal holiday, or day following a state (or legal) holiday.
The date for submission of a letter of intent, if required in the procurement, shall also be not less than seven (7) full working days after the last notice appears in the newspaper.
A copy of the Invitation for Bid shall be made available for any interested party at the location noted in the published notice.
Pre-bid conferences may be conducted to explain the procurement requirements. The conference shall be announced to all prospective bidders known to have received an Invitation for Bid. The conference should be held long enough after the Invitation for Bid has been issued to allow bidders to become familiar with it but sufficiently before bid opening to allow consideration of the conference results in preparing bids. Nothing stated at the pre-bid conference shall change the Invitation for Bid unless a change is made by written amendment as provided in Section 3-202.08 (Amendments to Invitations for Bids). A summary of the conference shall be supplied to all prospective bidders known to have received an Invitation for Bid. If a transcript is made, it shall be of public record.
Amendments to Invitations for Bids shall be identified as such and shall require that the bidder acknowledge receipt thereof. The amendment shall reference the portions of the Invitation for Bid it amends. Question and Answer documents shall be treated in the same manner as amendments to Invitations for Bids.
Amendments shall be sent to all prospective bidders known to have received an Invitation for Bid.
Amendments shall be distributed within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time and date set for receipt of bids will not permit such preparation, such time shall be increased, to the extent possible, either in the amendment or, if necessary, by electronic means (e-mail), facsimile, or telephone and then confirmed in the amendment.
Note: Amendments should be used to:
Bids may be modified or withdrawn by written notice received in the office designated in the Invitation for Bid prior to the time and date set for bid opening. Any withdrawn or modified offer shall remain unopened in the procurement file.
If a bid is withdrawn in accordance with this section, the bid security, if any, shall be returned to the bidder.
All documents relating to the modification or withdrawal of bids shall be made a part of the procurement file, including the unopened withdrawn or modified offer.
Any bid received after the time and date set for receipt of bids is late. Any withdrawal or modification of a bid received after the time and date set for opening of bids at the place designated for opening is late.
No late bid, late modification, or late withdrawal will be considered unless receipt would have been timely but for the action or inaction of agency personnel directly involved with the procurement activity.
Bidders submitting late bids which shall not be considered for award shall be so notified as soon as practicable.
Records equivalent to those required in Subsection 3-202.09.2 (Pre-Opening Modification or Withdrawals of Bids, Records) shall be made and kept for each late bid, late modification, or late withdrawal.
Each bid and modification received shall be date-stamped or time/date stamped but not opened and shall be stored in a secure place until the time and date set for bid opening.
Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time, date, and place designated in the Invitation for Bid. The name of each bidder, the bid price, and such other information as is deemed appropriate by the Procurement Officer, shall be read aloud or otherwise made available. Such information may be recorded at the time of bid opening; that is, the bids may be tabulated or a bid abstract made. If a record is made, the names of required witnesses shall also be recorded. The opened bids shall be available for inspection by participants, subject to the provisions of Mississippi Code Annotated §§ 25-61-1et seq., except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in Subsection 3-202.11.3 below. Material so designated shall accompany the bid and shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid. Prices of the services offered, deliveries, and terms of payment shall be publicly available at the time of bid opening regardless of any designation to the contrary. Bids shall be available for inspection at any time subsequent to the awarding of the contract. Inspection of bids shall be in compliance with Section 1-301 (Public Access to Procurement Information).
The Procurement Officer shall examine the bids to identify any written requests for nondisclosure of trade secrets and other proprietary data. Any disclosure of this information is subject to the provisions of Mississippi Code Annotated §§ 25-61-9 and 79-23-1. For all procurement contracts awarded by state agencies, the provisions of the contract which contain the personal or professional services provided, the price to be paid, and the term of the contract shall not be deemed to be a trade secret, or confidential commercial or financial information, and shall be available for examination, copying, or reproduction.
Correction or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system and to assure fairness. If the mistake is attributable to an error in judgment, the bid may not be corrected.
Bid correction or withdrawal by reason of a nonjudgmental mistake is permissible, but only to the extent it is not contrary to the interest of the State or the fair treatment of other bidders.
A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided in Section 3-202.09 (Pre-Opening Modification or Withdrawal of Bids).
When the Procurement Officer knows or has reason to conclude that a mistake has been made, such officer should request the bidder to confirm the bid. Situations in which confirmation should be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges a mistake, the bid may be corrected or withdrawn if the conditions set forth in Subsections 3-202.12.4 through 3-202.12.6 of this section are met.
This subsection sets forth procedures to be applied in three situations described herein in which mistakes in bids are discovered after the time and date set for bid opening but before award.
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 Procurement Officer shall waive such informalities or allow the bidder to correct them depending on which is in the best interest of the State. Examples include the failure of a bidder to:
If the mistake and the intended correct bid are clearly evident on the bid document, the bid shall be corrected on the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the bid document are typographical errors, errors in extending unit prices, and arithmetical errors.
A bidder may be permitted to withdraw a low bid if:
Mistakes shall not be corrected after award of the contract.
When a bid is corrected or withdrawn, or correction or withdrawal is denied, under Subsections 3-202.12.4 or 3-202.12.5 of this section, the Procurement Officer or the Agency Head shall prepare a written determination showing that the relief was granted or denied in accordance with these regulations, except that the Procurement Officer shall approve the determination required under Subsection 3-202.12.4.1 as to minor informalities. The written determination shall become a part of the agency's procurement file.
The contract is to be awarded to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for Bid. See Section 3-202.01(g) (Competitive Sealed Bidding, Award) of these regulations. The Invitation for Bid shall set forth the requirements and criteria which will be used to determine the lowest responsive bidder. No bids shall be evaluated for any requirement or criterion that is not disclosed in the Invitation for Bid.
The Invitation for Bid shall set forth any evaluation criterion to be used in determining acceptability. It may require the submission of descriptive literature, technical data, or other material. It may also provide for accomplishing any of the following prior to award:
The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Invitation for Bid. Any bidder's offering which does not meet the acceptability requirements shall be rejected as non-responsive. A written determination of non-responsiveness shall be maintained in the procurement file. The bidder shall be promptly notified in writing of the determination of non-responsiveness and the reasons therefor.
Following determination of acceptability as set forth in Subsection 3-202.13.2 (Service/End Product Acceptability), if determination of acceptability is required, bids will be evaluated to determine which bidder offers the lowest cost to the State in accordance with the evaluation criteria set forth in the Invitation for Bid. Only objectively measurable criteria which are set forth in the Invitation for Bid shall be applied in determining the lowest bidder.
Examples of such criteria include, but are not limited to, guaranteed buy back and ownership or life-cycle cost formulas. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible such evaluation factors shall be reasonable estimates based upon information the State has available concerning future use, and shall treat all bids equitably. The determination of lowest bidder shall be made in writing and maintained in the agency's procurement file.
Nothing in this section shall be deemed to permit a contract award to a bidder submitting more comprehensive services than that designated in the Invitation for Bid if such bidder is not also the lowest bidder as determined under Subsection 3-202.13.3 (Determination of Lowest Bidder) of this section. Further, negotiations are not permitted with any bidder.
Low tie bids are low responsive bids from responsible bidders that are identical in price, including cash discounts offered for prompt payment, and meet all the requirements and criteria set forth in the Invitation for Bid.
The prime criterion for making an award where tie bids are involved shall be in compliance with Mississippi Code Annotated §§ 31-7-15(1) and 31-7-47, i.e., that resident vendors shall be given preference over nonresident vendors. An award shall not be made by drawing lots, except as set forth below, or by dividing business among identical bidders. In the discretion of the Agency Head, award shall be made in any permissible manner that will discourage tie bids. 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. The written determination shall be maintained in the procurement file.
Records should be made of all Invitations for Bids on which tie bids are received showing at least the following information:
A copy of each such record shall be sent to the PSCRB.
Following award, a record showing the basis for determining the successful bidder shall be made a part of the agency's procurement file. This shall include an analysis as to why the personal or professional services contract was awarded, renewed, or amended to be published in accordance with Section 3-202.16 (Publicizing Award).
Written notice of award shall be sent to all bidders and copies of such notices shall be maintained in the procurement file. Notice of award shall be made available to the public in accordance with Executive Order 1362. The public notice of award must be accompanied by an analysis describing why the personal or professional services contract was awarded, renewed, or amended.
Multi-step sealed bidding is a two-phase process consisting of the following:
Multi-step bidding is designed to obtain the benefits of competitive sealed bidding by the awarding of a contract to the lowest responsive, responsible bidder and at the same time obtain the benefits of the competitive sealed proposals procedure through the solicitation of technical offers and the conduct of discussions to evaluate and determine the acceptability of technical offers.
The multi-step sealed bidding method may be used when it is not practical to prepare initially a definitive purchase description which will be suitable to permit an award based on price. Multi-step sealed bidding may, therefore, be used when it is considered desirable:
Prior to the submission of unpriced technical offers, a pre-bid conference as contemplated by Section 3-202.07 (Pre-Bid Conferences) may be conducted by the Procurement Officer. The Procurement Officer may also hold a conference of all potential bidders in accordance with Section 3-202.07 (Pre-Bid Conferences) at any time during the evaluation of the unpriced technical offers.
Multi-step sealed biding shall be initiated by issuance of an Invitation for Bid in the form required by Section 3-202.03 (The Invitation for Bid), except as hereinafter provided. In addition to the requirements set forth in Section 3-202.03 (The Invitation for Bid), the multi-step sealed bid shall state:
After receipt of unpriced technical offers, amendments to the Invitation for Bid shall be distributed only to bidders who submitted unpriced technical offers, and they shall be permitted to submit new unpriced technical offers or to amend those already submitted.
If, in the opinion of the Procurement Officer, a contemplated amendment will significantly change the nature of the procurement, the Invitation for Bid shall be canceled in accordance with Section 3-301.04 (Cancellation of Solicitation; Rejection of all Bids, Proposals, or Statements of Qualifications) and a new Invitation for Bid issued.
Question and Answer documents shall be treated in the same manner as amendments to the Invitation for Bid.
Unpriced technical offers shall be opened in front of two or more agency procurement officials. Any written requests by bidders for nondisclosure of trade secrets and other proprietary data are subject to Mississippi Code Annotated §§ 25-61-9 and 79-23-1.
The unpriced technical offers submitted by bidders shall be evaluated solely in accordance with the criteria set forth in the Invitation for Bid. The unpriced technical offers shall be categorized as:
The Procurement Officer shall record in writing the basis for finding an offer unacceptable and make it part of the agency procurement file. The Procurement Officer may then initiate Phase Two of the procedure if, in the Procurement Officer's opinion, there are sufficient acceptable unpriced technical offers to assure effective price competition in the second phase without technical discussions. If the Procurement Officer finds that there are not sufficient acceptable unpriced technical offers, he or she shall issue an amendment to the Invitation for Bid or engage in technical discussions as set forth in Subsection 3-202.19.5 below.
The Procurement Officer may conduct discussions with any bidder who submit an acceptable or potentially acceptable technical offer. During the course of such discussions, the Procurement Officer shall not disclose any information derived from one unpriced technical offer to any other bidder. Once discussions are begun, any bidder who has not been notified that its offer has been found unacceptable may submit supplemental information amending its technical offer at any time prior to the closing date established by the Procurement Officer. Such submission may be made at the request of the Procurement Officer or upon the bidder's own initiative. The Procurement Officer shall keep a record of the date, place, and purpose of any such meeting and those attending and make it part of the agency procurement file.
When the Procurement Officer determines a bidder's unpriced technical offer to be unacceptable, such offeror shall not be afforded an additional opportunity to supplement the offer.
Upon completion of Phase One, the Procurement Officer shall either:
Phase Two shall be conducted as any other competitive sealed bid procurement except:
Mistakes may be corrected or bids may be withdrawn during Phase One at any time. During Phase Two, mistakes may be corrected or withdrawal permitted in accordance with Section 3-202.12 (Mistakes in Bids).
27 Miss. Code. R. 100-3-202