Mississippi Administrative Code
Title 12 - Finance and Administration
Part 6 - Office of Purchasing, Travel and Fleet Management
Chapter 6 - Legal and Contractual Remedies
Sec2 12-6.101 - Authority to Resolve Protested Solicitations and Awards


Current through December 10, 2024

(1) Right to Protest

Any actual or prospective bidder, offerer, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Head of the Purchasing Agency and copy the Chief Procurement officer. The protest shall be submitted in writing within 7 days after such aggrieved person knows or should have known of the facts giving rise thereto.

(2) Authority to Resolve Protests

The Chief Procurement Officer, the head of a purchasing agency, or a designee of either officer shall have the authority to settle and resolve a protest of an aggrieved bidder, offerer, or contractor, actual or prospective, concerning the solicitation or award of a contract.

(3) Decision

If the protest is not resolved by mutual agreement, the Chief Procurement Officer, the head of a purchasing agency, or a designee of either officer shall promptly issue a decision in writing. The decision shall:

(a) state the reasons for the action taken; and

(b) inform the protestant of its right to administrative review as provided in this Chapter.

(4) Notice of Decision

A copy of the decision under Subsection (3) of this section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

(5) Finality of Decision

A decision under Subsection (3) of this section shall be final and conclusive, unless fraudulent, or:

(a) Any person adversely affected by the decision appeals administratively to the Procurement Review Board in accordance with Section 6.204, Protest of Solicitations or Awards.

(6) Stay of Procurements During Protests

In the event of a timely protest under Subsection (1) of this section, the State shall not proceed further with the solicitation or with the award of the contract until the Chief Procurement Officer, after consultation with the head of the using agency or the head of a purchasing agency, makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the State.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.