36 MAC Pt. 2, R. 203.6
005-800 Silent Period
Cite as 36 Miss. Admin. Code Pt. 2, R. 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.