36 Miss. Code. R. 2-3-203.6

Current through August 31, 2024
Rule 36-2-3-203.6 - 005-800 Silent Period

The Silent Period is a period of time during procurement in which any state employee directly or indirectly involved in any step in the procurement process, including but not limited to procurement management, development of specifications, evaluation of proposals, and contract negotiations, should not communicate with prospective vendors. The silent period typically applies to all employees of the customer agency. All communications with potential vendors during the silent period should be directed to the individual who is the contact person for the procurement or should occur only as authorized by the contact person in conjunction with the procurement process.

ITS recommends that customers begin the silent period at the time they begin formal development of requirements and specifications. Prior to that time, customers can and should communicate with vendors about the marketplace and technologies as they formulate their project scope and approach. At the point in time when a customer has done adequate research and begins to formulate the specific requirements, the customer agency should cease their communications with vendors in that marketplace to avoid any appearance of impropriety or favoritism.

If a customer desires a more formal approach to marketplace research, a Request for Information may be published. The RFI process is not covered by the Silent Period. Customers that desire ITS assistance with the RFI process should submit a Competitive Procurement Request form to ITS. Customers that wish to conduct the RFI process without ITS involvement should submit an Exemption Request form to ITS.

ITS also recognizes that incumbent vendors may be performing work for the customer and that the work may or may not be related to the scope of an active procurement. In those cases, the customer agency will naturally continue to have contact with the vendor in the course of doing business. This contact is not an issue. Customers should, however, take extra precaution to avoid a perception of misconduct by (1) meeting in groups and avoiding extensive one-on-one time with a vendor who provides the products and services being acquired in the active procurement; and (2) not discussing the active procurement.

36 Miss. Code. R. 2-3-203.6

25-53-5 (o)
Amended 7/1/2015
Amended 11/18/2015
Amended 11/24/2017