110-20250926092837 HPSD.pdf

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Attached to
110-20250926092837 HPSD
Solicitation number
3170033961
Issued by
Greene County, Mississippi

About this file

This is an Advertisement for Bids from the Hattiesburg Public School District for a Weapons Detection System for Hattiesburg High School, located at 301 Hutchinson Avenue in Hattiesburg, Mississippi. The district will receive unpriced bid qualification specifications until October 15, 2025, with an electronic reverse auction scheduled for October 31, 2025, from 9:00-9:30 a.m. The weapons detection system must meet extensive technical specifications, including the ability to detect firearms, knives, and other metallic weapons while screening people at walking pace without requiring them to stop or remove items. The system must be configurable for single or dual lanes, operate in various environmental conditions, and have advanced features like cloud-based fleet management, analytics, and integration capabilities.

The bid requires vendors to submit three professional references, provide comprehensive insurance coverage, and include a four-year service level agreement. Bidders must be licensed to do business in Mississippi and can submit proposals electronically through www.centralbidding.com or by sealed envelope. The system must be installed and fully operational by January 31, 2026, with on-site training included in the bid price. Vendors will be evaluated based on price, experience, references, equipment quality, and compliance with detailed technical specifications. The Hattiesburg Public School District reserves the right to reject any bid and select the proposal deemed most favorable to the district.

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HATTIESBURG PUBLIC SCHOOLS

ADVERTISEMENT FOR BIDS

The Hattiesburg Public School District will receive UNPRICED BID QUALIFICATION SPECIFICATIONS until Wednesday, October 15, 2025 for the purpose of participating in an Electronic Reverse Auction for the following:

Weapons Detection System

Bid No. 26-006

The Hattiesburg Public School District will receive bids for weapons detection systems in the following manner:

Unpriced bid proposals will be accepted until 1:00 p.m. CST on Wednesday, October 15, 2025 in sealed envelopes at the Hattiesburg Public School District Central Office, located at 301 Mamie Street, Hattiesburg, MS 39401 or by electronic submission. Submissions may be made electronically at www.centralbidding.com or delivered to the Hattiesburg Public School District at 301 Mamie St., Hattiesburg, MS 39401. All sealed Unpriced Bid Qualification Specifications sent through the U.S. Mail are done so at the risk of the prospective bidder; the district is not responsible for submissions that arrive in the mail after the designated time. Mailed or delivered submissions should be marked plainly on the outside as Unpriced Bid Qualification Specifications: Hattiesburg Public Schools Weapons Detection Systems, Bid No. 26-006, ATTN: Edith Stallings, Accounting Supervisor

Vendors submitting acceptable Unpriced Bid Qualification Specifications will be invited to participate in the Electronic Reverse Auction on Friday, October 31, 2025, from 9:00 a.m. – 9:30 a.m. CST. Bids must comply with the specifications provided.

The Hattiesburg Public School District reserves the right to extend the auction date if necessary to complete the pre-qualification process, to use anti bid sniping to extend the auction time if a bid is placed inside the final five minutes, to reject any or all bids received, to wave any formalities or irregularities in the bids received, to amend the specifications as necessary or to accept any bid deemed most favorable to the Hattiesburg Public School District.

For questions related to the Unpriced Bid Qualification Specifications from Central Bidding, electronic submittals and/or the bidding process, please call Central Bidding at (225) 810-4814. For inquiries regarding the project’s specifications, contact Edith Stallings, Accounting Supervisor at the following email: edith.stallings@hattiesburgpsd.com.

/s/ Robert Williams

Superintendent of Education

Performance Dates:

Advertise: 9/26/2025 Advertise: 10/3/2025 Bid Qualification Specification Due: 10/15/2025 Bid Date: 10/31/2025 Bid Time: 9:00-9:30 a.m.

CONDITIONS/SPECIFICATIONS

The Hattiesburg Public School District, Hattiesburg, Mississippi will receive electronic bids on 10/31/2025, 9:00 a.m. The district reserves the following rights.

1. To extend the auction date, if necessary, to complete the prequalification process.

2. To use anti bid sniping to extend the auction time if a bid is placed inside the final five minutes

3. To appoint or authorize a person or persons to evaluate bids, act, and make decisions on matters pertaining to bids.

4. To reject any and/or all bids of any group thereof and waive any informalities.

5. To adjust quantities of supplies involved under any item in accordance with the unit price submitted as part of the proposal.

6. To amend specifications, as necessary, or to accept any bid deemed most favorable to the

Hattiesburg Public School District.

Suppliers must be licensed to do business in the State of Mississippi. Non-resident and resident bidders shall attach written notice to this bid when preference statutes apply in the letter of public contract. If non-resident bidders state grants preference where the bidder is domiciled, the non-resident bidders shall cite the statute and attach the following: 1) the address written by the bidder on the form furnished by the school district is the domicile of the bidder, 2) the absence of an attached written notice of preference verifies the bidder has no preference statutes, and 3) an attached notice to bid must be accessed by the school district prior to awarding a public contract.

PROFESSIONAL REFERENCES

All bidders must submit three (3) professional references.

PRICES

Bid prices, unless otherwise specified, shall be NET including transportation and handling charges fully prepaid by the vendor to Hattiesburg Public School District, Hattiesburg, Mississippi. Cash discounts will be considered, and time will be counted from the date of acceptance. Prices must be shown on the attached Bid Summary Sheet supplied for this purpose. All bids must be FIRM PRICES, free of any escalator clauses. Prices must include all taxes. Hattiesburg Public School District will furnish tax-exemption certificates for State and Federal taxes where applicable. Warranties and guarantees normally supplied with this type of equipment shall be included in the prices and explained on the bid form along with a complete description of quantity discounts and limitations or conditions that may apply. If sufficient space is not provided on the bid form, a separate sheet should be attached.

CERTIFICATE OF RESPONSIBILITY

All companies who are submitting bids in excess of $50,000 for all of these installations combined are required to include their current certificate of responsibility number.

AWARD

The Hattiesburg Public School District will evaluate the bids and determine the best bid based on price, experience, references of Contractor, and the quality of the bid concerning equipment proposed, etc.

The Hattiesburg Public School District will be the sole judge of the lowest and best price for the products specified and service needed by the district. All awards must be approved by the Hattiesburg Public Schools Board of Trustees.

BILLING

Invoice is to be furnished in triplicate once the equipment is installed and tested for proper operation and all training is performed. No partial payments will be made. Records must be maintained and subject to the review of the Hattiesburg Public School District.

ROYALTIES AND PATENTS

The contractor shall pay all royalties and license fees. The contractor shall defend all suits or claims for infringement of any patent rights and shall hold the Hattiesburg Public School District harmless from such loss on account thereof.

INSURANCE REQUIREMENTS

The following insurance requirements must be met or the bid will be considered incomplete and therefore rejected.

a) Commercial General Liability-Combined Single Limit in an amount of $1,000,000.00 per occurrence with $2,000,000.00 aggregate;

b) Commercial Auto Liability-Combined Single Limit in an amount of $1,000.000.00

c) Workers’ Compensation and Employer’s Liability Insurance:

Workers’ Compensation Limits: Statutory-State of Mississippi. Policy shall include waiver of subrogation in favor of Hattiesburg Public School District. Employers’ Liability: $1,000,000.00 Each Accident; $500,000.00 Disease Policy Limit; $100,000.00 Disease Each Employee

d) The Hattiesburg Public School District shall be named as an additional insured on the General Liability Policy and Automobile Policy

e) Fidelity bonds shall be secured on all of Contractor’s employees in amounts not less than $5,000.00 per individual and $25,000.00 per occurrence; and

f) Proof of coverage must be placed on file with the school district by the contractor and kept current throughout the term of the contract. Current insurance certificates should be attached to the bid.

DAMAGE CAUSED BY SUCCESSFUL BIDDER

The Hattiesburg Public School District will hold the successful bidder responsible for damage caused to the buildings, fences, and other structures or assets of the Hattiesburg Public School District under all conditions.

SUBSTITUTIONS

If an alternate item is offered, this must be noted on the Bid Summary Sheet and detailed information must be furnished on the item on which the bid is submitted. A complete description of the substitute must be provided and pre-approved by the Hattiesburg Public School District.

Unless the detailed information is furnished, your bid will be considered incomplete and therefore rejected.

Pre-Qualifications

Having examined the specifications outlined on the attached sheets, my firm agrees to furnish and deliver items and provide equipment and services according to your specifications and instructions at the indicated prices. We/I, the undersigned understand and accept the instructions and conditions under which this bid is being submitted.

This bid consists of Vendor Proposal Form, Conditions/Specifications and Site Allocation Table. We/I understand that a company officer’s signature is required on each form and unless this has been done, our bids may be considered incomplete and therefore rejected. Also, included is a list of references.

FIRM: _____________________________________________________________________

BY: __________________________________ TITLE: ________________________________

ADDRESS: __________________________________________________________________

STATE: _____________

TELEPHONE: _______________________________________________________

DATE: ___________________________________

Please note: Only businesses that meet the requirements outlined in this document prior to 10/15/2025 will be invited to participate in the electronic bidding process on 10/31/2025.

GENERAL NOTES:

1. The awarded bidder is responsible for cleaning up and disposing of all debris related to the project. Debris i.e., packaging materials cannot be placed in or around dumpsters on school property.

2. The awarded bidder must use the bid specifications forms submitted in the bid packet. The total of all bid specification forms should equal the bottom line proposal amount submitted on the vendor proposal form.

3. Data sheets or spec sheets of items submitted for bid should be included in the bid packet.

4. Final award of the contract is contingent upon examination by appropriate Hattiesburg

Public School District personnel.

5. No refurbished items or parts will be used.

6. Awarded bidder must have all equipment installed and fully operational no later than

January 31, 2026. The cost of training must be part of the bid price. On-site training will take place after installation has been completed. Supply chain issues will be taken into consideration.

By submitting this bid, I hereby agree that my company can meet all specifications and conditions included in this packet and the amounts included are firm prices.

COMPANY _______________________________________________________________

BY______________________________________________________________________

TITLE____________________________________________________________________

PHONE __________________________________________________________________

Hattiesburg Public School District

Weapons Detection System

10/15/2025

Unpriced Bid Qualification Form (must be completed)

DATE PROPOSAL ISSUED: ___________________________________________________________

DATE SUBMITTED: __________________________________________________________________

NAME OF COMPANY SUBMITTING PROPOSAL: __________________________________________

MAILING ADDRESS: _________________________________________________________________

TELEPHONE: _______________________________________________________________________

EMAIL: ____________________________________________________________________________

Our bottom line proposal for items included on pages 9 - 22 is as follows:

I certify by my signature below that the costs quoted in this proposal are correct and that I have the authority to obligate the company to perform under the conditions outlined in this document.

Signature

Print or Type Name

Title

Date

Bids on “Weapons Detection Systems”

Bids will be accepted electronically at www.centralbidding.com on 10/31/2025 beginning at 9:00 a.m.

The awarded bidder must also submit pages 9-22 to the Hattiesburg Public Schools Police Department in order to receive a purchase order.

To provide Weapons detection systems at the following location:

-Hattiesburg High School

301 Hutchinson Avenue

Hattiesburg, MS 39401

Bid #26-002

BID SPECIFICATIONS AND PRICING

General

a. The system shall be designed for soft target protection in high throughput settings.

b. The system shall be aesthetically designed with no overhead structure or arches.

c. The system shall be capable of being customized to accommodate customer-specific branding.

d. The system shall be able to detect the following threats concealed on a person or within a carried bag or other item:

i. Firearms

ii. Knives of specific sizes

iii. Metallic improvised explosive devices

iv. Other metallic weapons

e. The system shall be a system already in production with at least 500 million visitor scans and an installed base of at least 1,000 units.

f. The system shall be able to be used indoors or outdoors.

Environmental

a. The system shall be capable of being stored under the following conditions:

i. -40° to +70° Celsius

b. The system shall be capable of being operated indoors or outdoors in wind and rain.

c. The system shall be capable of being operated under the following conditions:

i. -20° to +40° Celsius in full sun and up to +55° Celsius under shaded cover

ii. Relative humidity 0-95% non-condensing

b. The systems shall have an ingress protection rating of at least IP54.

Size

a. The system shall be configurable for single lane or dual lane deployments.

b. The size of the system for these configurations shall not exceed the following:

Maximum Width Maximum Height Maximum Depth Single Lane 68.5 inches 74.8 inches 38.4 inches Dual Lane 118.8 inches 74.5 inches 38.4 inches

Power

a. The system shall operate on 100–240 VAC @ 50/60 Hz.

b. Typical power consumption shall be ~200 watts or less.

Compliance with Standards, Laws, and Policies

a. The system shall be certified to be in compliance with UL 61010-1 by an OSHA-approved, nationally recognized test laboratory (NRTL), with authorization to use the NRTL sticker on all production systems.

b. The system shall be certified to be in compliance with CFR Part 15, with authorization to use the FCC logo on all production systems.

c. The system shall be certified to be in compliance with EN 61010-1.

d. The system shall meet the standards for human exposure to magnetic fields in

i. IEEE C95.1-2019 Standard for Safety Level with Respect to EMF

ii. ICNIRP Guidelines for Limiting Exposure to Time-Varying Electric and Magnetic Fields 2010 (1 Hz - 100 kHz)

e. The system shall be certified to be in compliance with all requirements needed to obtain a CE mark with authorization to use the CE mark on all production systems.

f. The system shall be compliant with the Americans with Disabilities Act requirements for wheelchair access through the system.

g. The system shall have SAFETY Act designation or certification as a qualified anti-terrorism technology from the Department of Homeland Security.

Detection Capability

a. The system shall be capable of screening people at walking pace (0.5m/s or faster) without the need to divest benign items such as mobile phones, wallets, keys, and belts, which should not cause the system to alarm.

b. The system shall be able to detect mass casualty weapons concealed on persons or within items they are bringing through the system.

c. The vendor shall share independent third-party test results with the client, including details of the testing undertaken.

d. The weapons detection capability shall cover a person’s entire body as the person, up to 6 feet 2 inches tall, walks through the system.

e. Detection shall remain consistent and accurate outdoors in winds up to 20 mph.

f. There shall be at least six customer-selectable sensitivity settings for different threat conditions.

g. The password needed to change the sensitivity setting shall be supplied by the manufacturer when the system is installed.

h. The software algorithm shall employ artificial intelligence techniques to differentiate between true threats and benign objects.

i. The software algorithm shall be upgradable remotely to account for new threat profiles.

j. Detection and nuisance alarm performance shall be determined at a walking lane distance that is compliant with Americans with Disabilities Act standards (minimum 32 inches walking lane distance).

k. To provide consistent detection performance, there shall be a method to definitively and repeatedly set the distance between the scanning towers to a known value.

Throughput

a. The system shall have a demonstrated capability of scanning approximately 4,000 people per hour for a Dual Lane and approximately 2,000 people per hour for a Single Lane.

System Setup

a. The system’s design shall enable repeatable and consistent setup, alignment, and spacing, as well as a way for operators to easily recognize when system has been improperly set up or misaligned/incorrectly spaced from bumping or use.

b. There shall be a way to secure the system to the ground or floor.

System Operation

a. The system shall scan people individually or in groups as they walk through the scan area.

b. The system shall have the ability to screen two adult people simultaneously as they walk through the same lane.

c. People shall walk through the system naturally, without being required to stop, turn, hold a particular position, or remove any pocketed items.

d. There shall be separate LED indicators for each lane on the rear of the system visible to the guard that convey the lane’s operational status (e.g., alarm, no alarm, power-on self-test, error).

e. The system shall not require any calibration during normal day-to-day operations.

f. The system shall be capable of operating continuously, except for a weekly reboot.

System Displays

a. The system shall have the ability to be able to indicate clearly who needs to be sent to secondary processing and pinpoint the specific area where a secondary search is required.

b. The system shall have wireless displays per lane to display the scan results.

c. To facilitate an unbiased search, there shall be a visual identification of the specific person that alarmed.

d. To facilitate a more efficient directed search and reduce the burden on security teams, there shall be a visual indication of the specific location of the threat on a person’s body or in an item they are carrying.

e. If the system finds an alarm, the following events shall occur in less than 1 second from when the visitor exits the scan zone:

i. Rear lights for the appropriate lane indicate “alert”

ii. An audible sound is emitted from all displays assigned to the lane with the alert

iii. The alert with associated image(s) from camera(s) and overlaid threat box(es) are sent to all displays

f. The system shall have the ability to display multiple threat boxes overlaid on an image of the person alerting if the system detects more than one possible threat on the person.

g. The display shall provide the ability for the alert to be “tagged” to indicate what category of item caused the alert, and the tag data shall be stored in a database for customer analysis.

h. The display shall have the capability to push messages via SMS message or email to request assistance from specified personnel or a security operations center.

i. The system shall have the ability to display previous alerts for security personnel to review for better situational awareness.

j. The system shall display training and troubleshooting materials on demand.

Data Retention

a. The system shall allow a user to configure the system to:

i. Not store any scan results

ii. Store basic scan results

iii. Store full scan results

Integrations

a. The system shall have the ability to connect to the Security Operations Center through an API or other similar data exchange.

b. There shall be the ability to integrate system alert data with security end point applications such as video management systems, mass notification systems, and access control systems.

c. There shall be a published API to allow for custom integrations.

d. There shall be situational awareness video cameras at the front and rear of the system that connect to a video management system.

Fleet Management

a. The system shall be connected to a cloud service for fleet management.

b. The end user shall have the ability to remotely access the systems to change settings should they need to when offsite.

c. Through a common Internet browser, authorized users shall be able to remotely:

i. Access and change settings for sensitivity and data retention

ii. Configure active threat and benign tags

iii. Push software updates to their fleet of systems

iv. Pre-define request assistance messages

v. Access version information

d. The system shall provide the ability to inform selected personnel via SMS and/or email if the screening sensitivity setting has been changed.

Analytics

a. Authorized users shall be able to download operating statistics from the system via a web-based cloud portal or mobile application to provide insights across multiple business dimensions.

b. Fleet data shall be exported automatically to reports to inform security operations.

c. There shall be the ability to:

i. Generate either a daily or event-based screening report (these are automatically emailed to subscribed users)

ii. Display a performance dashboard for venue

iii. Display visitor alert rates for venue

iv. Compare alert rates by sensitivity setting

v. Understand what alert rate would have if screening for a given (historical) timeframe had been performed at a different sensitivity setting

vi. Compare alert rates by events and event categories (e.g., concert, sporting event, etc.)

vii. Understand what type of items are generating alerts at your venue (e.g., what are visitors carrying that are resulting in alerts)

viii. Display visitor arrival curves for venue

ix. Compare visitor arrival curves, for example, week to week

x. Analyze reported system errors and system temperature

Portability

a. The system shall be on wheels for easy redeployment around a site, including movement over brick, asphalt, and concrete.

b. It shall be possible for one person to set up the system at a new site and enable operations within 60 minutes of arrival.

c. It shall be possible for the system to be moved from a storage location and re-installed at a new location at a site in under 5 minutes.

d. The system shall be capable of self-calibrating and performing a system health check, which should take on average less than 5 minutes from start-up.

Support and Maintenance

a. Vendor shall include a Service Level Agreement for a period of 4 years.

b. The system shall have capabilities for service personnel to access health diagnostics remotely to improve system uptime.

c. There shall be local support capability with a response time to Hattiesburg Public School District sites of 2 hours or less.

d. Vendor shall have weapons detection certified technicians located within Mississippi.

e. Vendor shall have a field replacement unit kit (FRU) and/or spare modules located in Mississippi, with a goal of first call service resolution.

ITEM 1.1 -INSTALLATION

Model INSTALLATION Installation to include:

Site visit Installation Start-up and check for proper operation Factory demonstration Operational Training

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

Hattiesburg Public Schools Bid Protest Procedure and Policy

I. Purpose

The procedures set forth herein and issued by the Hattiesburg Public School District, establish the guidelines relating to the filing, hearing, decision, and appeal of protests by any actual prospective bidder or contractor who is aggrieved in connection with the bidding or award of a contract.

II. Definitions

When used in reference to this procedure:

a. The term "Protestor'' means any actual or prospective bidder or contractor who is aggrieved in connection with the bidding or award of a contract which meets School Board approval requirements and who files a protest.

b. The term "Interested Party" means any party who has identified him/herself in writing as such to the Child Nutrition Director.

c. The term "Board Attorney" means the individual assigned by the Superintendent of the Hattiesburg School District to provide legal assistance to the Foodservice Administrator.

d. The term "Board" means the membership of the Hattiesburg School District Board of Education.

Ill. Right to Protest

Any actual or prospective bidder, offerer, or contractor who is aggrieved in connection with the solicitation or award of a contract which meets Board approval requirements may file a protest.

IV. Subject of Protest

Protestors may file a protest on any phase of solicitation or award including, but not limited to, specifications, bid solicitation, or award.

V. Authority to Resolve Protests

The Superintendent or his/her designee shall have the authority to settle and resolve a protest of an aggrieved bidder, offerer, or contractor, actual or prospective, concerning the specifications, solicitation, or award of a contract.

a. Protest of Specification/Product Code Number Within ten (10) calendar days of the date the Invitation to Bid is mailed, the protestor must submit in writing to the Superintendent the reason for the protest.

The Superintendent shall review specifications and product code numbers and based on the facts:

1. issue an addendum

2. withdraw solicitation and rebid

3. reject protest

b. Protest of Award Protest filed against bid award must proceed with steps VI-XX.

VI. Filing of Protest

a. Time for Filing Protests shall be made in writing and submitted in an envelope labeled "Protest" to the Superintendent within seven (7) calendar days after the protestor knows or should have known of the facts giving rise thereto. A protest is deemed filed when received by the Superintendent.

b. Limitations on Time for Filing No protest will be entertained if filed more than seven (7) calendar days after the award of a contract.

VII. Content of Protest

The written protest shall contain the following:

a. the name, mailing address, telephone number, and fax number of the protestor;

b. appropriate identification of the procurement or contract protested;

c. a statement, in sufficient detail, of the facts upon which the protest is based, including the effective date of any alleged grievable action and why such action is believed to be in error;

d. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time, in which case the expected date the information will be available shall be indicated; and a statement of the relief requested.

VIII. Notification

Upon receipt of a written protest, the Superintendent shall submit a copy of the protest to the Board Attorney and the Foodservice Administrator.

IX. Stay of Procurement

In the event of a timely protest, the State shall not proceed further with the solicitation or award of the contract until the resolution of the protest, unless the Superintendent, after conferring with the Foodservice Administrator, makes a determination that in order to protect substantial interests of the school district, it is necessary to go forward with the solicitation or award of the contract.

X. Additional Information- Time for Filing

Any additional information requested by any of the parties should be submitted within the reasonable time period established by the requesting source in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Superintendent may result in the protest being resolved without additional information being considered.

XI. Protest Process Committee

The Superintendent shall appoint a committee to review all protests. The Foodservice Administrator, shall present the protest materials to the Protest Process Committee who shall consist of:

1. Superintendent

2. Deputy Superintendent

3. Finance Director

XII. Scheduling of Protest Conference

When a protest is filed, the Superintendent shall determine if a protest conference is needed and appropriate. If so, a date, time, and place for the protest conference will be scheduled and a notice of same will be sent via personal delivery or by certified United States Mail, postage prepaid, return receipt requested, to the protestor, the procuring school district or institution, and any interested party.

XIII. Rescheduling of Protest Conference

Continuances requested by any party to the protest shall be granted within the discretion of the Superintendent only for good cause shown.

XIV. Failure to Appear at Protest Conference

If a protestor, without good cause, fails to appear at the protest conference, such failure will be deemed a withdrawal of the protest and the Superintendent shall dismiss the protest and such dismissal shall be final and conclusive.

XV. Conduct of Protest Conference

So as to encourage the amicable resolution of a protest, the protest conference is informal and no witnesses are examined. However, if there is anyone that a party believes can provide pertinent input, the party may have that person present to be interviewed at the conclusion of the conference and before a decision is made.

The protestor has the burden of proving that the specifications, bidding, or award of the contract was in error and merits the relief requested.

The Superintendent shall have the authority to maintain the decorum of the conference and shall take reasonable steps to do so when necessary, including clearing the conference room of any person who is disruptive.

XVI. Decision Upon Completion of Protest Process

The Superintendent shall, within a reasonable time after the conclusion of the protest process, prepare a written decision. A copy of such decision shall be sent by personal delivery or by certified United States Mail, postage prepaid, return receipt requested, to the protestor, any interested party, and the Foodservice Administrator.

The decision of the Superintendent shall be final and conclusive unless fraudulent or unless a timely request for a review by the Board is filed.

XVII. Review by the Board

a. Right to Review Any protestor or interested party who participated in the conference or the procuring agency aggrieved by the final decision of the Superintendent may file a written request for review by the Board.

b. Time for Filing Requests for review by the Board shall be filed with the Board with copies of same being sent to the Superintendent, the Foodservice Administrator, and any interested party who participated in the protest, by personal delivery or by certified United States Mail postage prepaid, return receipt requested, within three (3) calendar days after receipt of the decision of the Superintendent.

c. Content of Review Request The written request for review by the Board shall contain, at minimum, the following:

1. the name and mailing address of the person filing the request for review;

2. a copy of the written protest originally filed;

3. copies of all documents which have been produced thus far in the protest proceedings;

4. a copy of the decision of the Superintendent;

5. a statement, in sufficient detail, of the facts relied upon to substantiate a claim that the decision of the Superintendent is in error; and

6. a statement of the relief requested.

d. Decision on Review The Board shall issue a final written decision within a reasonable time after the final date for filing all documents to be considered on review. A copy of such decision shall be sent by certified United States Mail, postage prepaid, return receipt requested, to the part filing the request for review, the Superintendent, the Foodservice Administrator, and any interested party who participated in the protest. A determination of an issue or fact by a quorum of the Board shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.

XVIII. Exhaustion of Remedies

Except as may be authorized under federal law, no protestor may file a petition for judicial review with a court of competent jurisdiction (that court being in Forrest County, Mississippi) until a final written decision has been issued by the Board.

XIX. Time Limits

If a protest is not filed within the time limit set forth herein, it will be considered waived.

If a request for review by the Board is not filed within the specified time limit, it will be considered waived and the decision of the Superintendent shall be final and conclusive.

XX. Amendment of Rules, Etc.

The Board may, from time to time, amend these rules or promulgate new rules.

If any one or more of these rules is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of any other of these rules.

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