Mississippi Administrative Code
Title 12 - Finance and Administration
Part 9 - Office of Personal Service Contract Review Rules and Regulations
Chapter 5 - INVITATIONS FOR BIDS
Section 12-9-5.7 - Cancellation of Solicitation or Rejection of Individual Bids

Universal Citation: MS Code of Rules 12-9-5.7

Current through September 24, 2024

At the Agency's sole discretion, an IFB may be canceled, all bids may be rejected, or individual bids may be rejected when the Agency determines that it is in the Agency's best interest to do so. A memorandum stating the reasons for the cancellation or rejection shall be made part of the Agency Procurement File.

The solicitation process requires expenditure of time and resources for both public Agencies and private businesses. Accordingly, solicitations should only be issued when there is a valid procurement need unless the solicitation states that it is for informational purposes only. However, nothing in this Section shall be construed as conferring any grievance right on any party when an Agency chooses to cancel a solicitation.

5.7.1 Notice of Cancellation of IFB

When an IFB is canceled, a Notice of Cancellation shall be prepared. The Notice shall identify the solicitation being canceled and provide any information the Agency deems appropriate. The Notice of Cancellation shall:

(1) be posted publicly on the Agency website;

(2) be posted publicly on the procurement portal; and

(3) be distributed to all potential offerors known to have received a copy of the IFB. A memorandum containing the reasons for the cancellation shall be made part of the Agency Procurement File.

5.7.2 Rejection of Individual Bids

Reasons for rejecting individual bids include but are not limited to:

* the bid was non-responsive to the solicitation;

* the bidder is deemed non-responsible;

* the Agency - in its sole discretion - determined the proposed price is unreasonable even if it was the lowest responsive and responsible bid;

* lack of competitiveness by reason of collusion or knowledge that reasonably available competition did not occur.

5.7.3 Disposition of Bids

Where bids are individually rejected, or the solicitation is canceled after bids are received, the Agency shall have the sole discretion to determine whether to return bids to the bidder or retain the bids in the Agency Procurement File. If the Agency chooses to return the bids to the bidders, the Agency shall ensure enough information is retained in the Agency Procurement File to support the decision to reject the bid.

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.
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