110-20260518102755 HPSD.pdf

ADVERTISEMENT FOR BIDS

The Hattiesburg Public School District will receive UNPRICED BID QUALIFICATION SPECIFICATIONS until Friday, June 5, 2026, 1:00 pm (CST) for the purpose of participating in an Electronic Reverse Auction for the following:

2026 CAFETERIA DINING AREA FURNITURE

Bid No. 26-018

The Hattiesburg Public School District will receive bids for cafeteria furniture in the following manner:

Unpriced bid proposals will be accepted until 1:00 p.m. CST on Friday, June 5, 2026 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.centralauctionhouse.comor delivered to the HattiesburgPublic 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 isnotresponsible 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: Cafeteria Furniture, Bid No. 26-018

Vendors submitting acceptable Unpriced Bid Qualification Specifications will be invited to participate in the Electronic Reverse Auction on Friday, June 12, 2026 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 waive 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 fromcentralauctionhouse.com, electronic submittals and/or the bidding process, please call Finley Ward at Central Bidding

225.333.9572. 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: May 20, 2026 Advertise: May 27, 2026 Bid Qualification Specification Due: June 5, 2026 Bid Date: June 12, 2026 Bid Time: 9:00 a.m. CST http://www.centralauctionhouse.com/ http://centralauctionhouse.com/

CONDITIONS/SPECIFICATIONS

The Hattiesburg Public School District, Hattiesburg, Mississippi will receive electronic bids on Friday, June 12, 2026, 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 beNETincluding transportation and handling charges fully prepaid by thevendorto Hattiesburg Public SchoolDistrict, 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 thebid form, a separate sheet should be attached.

CERTIFICATE OF RESPONSIBILITY

All contractors 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-QualificationsBid No. 26-018

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 and Conditions/Specifications. 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 June 5, 2026 will be invited to participate in the electronic bidding process on June 12, 2026.

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 operational completed no later than

December 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

Cafeteria Dining Area Furniture

Vendor Proposal 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:

Amount $

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 “Cafeteria Dining Area Furniture”

Bids will be accepted electronically atwww.centralauctionhouse.comon Friday, June 12, 2026 beginning at 9:00 a.m. The awarded bidder must also submit pages 9-22 to the Hattiesburg Public Schools Child Nutrition Office in order to receive a purchase order.

To provide cafeteria dining area furniture at the following location:

-Hattiesburg High Cafeteria

301 Hutchinson Avenue

Hattiesburg, MS 39401 http://www.centralauctionhouse.com/

SPECIFICATIONS

Item 1 BOOTHS Mobile Folding Booth - 60"L Fiberglass Backpad: Black Pepper Fiberglass Seat: Purple Back Panel - Back Face: Formica - Ceruse Gray Walnut Back Panel - Front Trim: Formica - Ceruse Gray Walnut Back Panel Edge: Dyna-Rock - Black Metal Finish: Champagne Booth Wheel Color: Standard

Mobile Folding Booth - 60"L Fiberglass Backpad: Black Pepper Fiberglass Seat: Black Back Panel - Back Face: Formica - Ceruse Gray Walnut Back Panel - Front Trim: Formica - Ceruse Gray Walnut Back Panel Edge: Dyna-Rock - Purple Metal Finish: Champagne Booth Wheel Color: Standard

Mobile Half Round Booth with Counter Upholstered Backpad: DesignTex - Sorano - Honey Upholstered Seat: DesignTex - Sorano - Wisteria Back Panel - Back Face: Formica - Ceruse Gray Walnut Back Panel - Front Trim: Formica - Ceruse Gray Walnut Back Panel Edge: Dyna-Rock - Purple Metal Finish: Champagne Booth Wheel Color: Standard Counter Size: 24"D x 130"W x 30"H Counter Laminate: Formica - Bubble Art Counter Edge: Dyna-Rock - Purple

ITEM 1.1 -INSTALLATION

Model INSTALLATION Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

ITEM 2 CHAIRS

Style: ErgoEngage4LegChair-6-D Seat Color: Purple Honeycomb Glide Color: Purple Metal Finish: Champagne

Style: ErgoEngageCounterChair-3-D Seat Color: Black Honeycomb Glide Color: Black Metal Finish: Champagne

Style: ErgoEngageCounterChair-3-D Seat Color: Purple Honeycomb Glide Color: Purple Metal Finish: Champagne

Style: ErgoEngageTallChair-3-D Seat Color: Black Honeycomb Glide Color: Black Metal Finish: Champagne

Style: ErgoEngageTallChair-3-D Seat Color: Purple Honeycomb Glide Color: Purple Metal Finish: Champagne

Style: EssentialStool-18-D Upholstered Seat: DesignTex - Sorano - Wisteria Metal Finish: Champagne

Style: EssentialStool-18-D Upholstered Seat: DesignTex - Sorano - Honey Metal Finish: Champagne

ITEM 2.1 -INSTALLATION

Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

ITEM 3 TABLES

Table Top Size: 48"Dia. x 30"H Table Top Laminate: Custom Logo 4 Table Edge: Dyna-Rock - Black Metal Finish: Champagne

OPTIONS

Upgrade: Custom Logo Top

Mobile EZ Tilt Table Table Top Size: 30"W x 60"L x 29"H Table Top Laminate: Formica - Black Braze Table Edge: Dyna-Rock - Purple Metal Finish: Champagne Wheel Color: Standard

Mobile EZ Tilt Table Table Top Size: 30"W x 60"L x 29"H Table Top Laminate: Formica - Cassis Table Edge: Dyna-Rock - Black Metal Finish: Champagne Wheel Color: Standard

Mobile EZ Tilt Table Table Top Size: 30"W x 60"L x 29"H Table Top Laminate: Formica - Bubble Art Table Edge: Dyna-Rock - Purple Metal Finish: Champagne Wheel Color: Standard

ITEM 3.1 -INSTALLATION

Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

ITEM 4 MOBILE TABLES - ATTACHED SEATING

Table Top Size: 60"Dia x 29"H Table Top Laminate: Custom Logo 2 Table Edge: Dyna-Rock - Purple Stool Top Color: Purple Stool Bottom Color: Black Metal Finish: Champagne Wheel Color: Standard

OPTIONS

Upgrade: Custom Logo Top

Mobile Round Table w Stool Table Top Size: 60"Dia x 29"H Table Top Laminate: Formica - Cassis - 6903-58 Table Edge: Dyna-Rock - Black Stool Top Color: Black Stool Bottom Color: Purple Metal Finish: Champagne Wheel Color: Standard

Mobile Table w Rec Stool Table Top Size: 30"W x 145"L x 29"H Table Top Laminate: Custom Logo 1 Table Edge: Dyna-Rock - Black Stool Type: Rectangular Stool Top Color: Purple Stool Bottom Color: Black Metal Finish: Champagne Wheel Color: Standard

OPTIONS

Upgrade: Custom Logo Top

Table Top Size: 30"W x 145"L x 29"H Table Top Laminate: Formica - Cassis Table Edge: Dyna-Rock - Black Stool Type: Rectangular Stool Top Color: Black Stool Bottom Color: Purple Metal Finish: Champagne Wheel Color: Standard

Table Top Size: 30"W x 145"L x 29"H Table Top Laminate: Formica - Black Braze Table Edge: Dyna-Rock - Purple Stool Type: Rectangular Stool Top Color: Purple Stool Bottom Color: Black Metal Finish: Champagne Wheel Color: Standard

Table Top Size: 35"D x 145"W x 29"H Table Top Laminate: Custom Logo 3 Table Edge: Dyna-Rock - Black Stool Type: Rectangular Stool Top Color: Purple Stool Bottom Color: Black Metal Finish: Champagne Wheel Color: Standard

OPTIONS

Upgrade: Custom Logo Top

Mobile Ocean Wave Table w Rec Stool Table Top Size: 35"D x 145"W x 29"H Table Top Laminate: Formica - Cassis Table Edge: Dyna-Rock - Black Stool Type: Rectangular Stool Top Color: Black

Stool Bottom Color: Purple Metal Finish: Champagne Wheel Color: Standard

Mobile Ocean Wave Table w Rec Stool Table Top Size: 35"D x 145"W x 29"H Table Top Laminate: Formica - Black Braze - 1193-58 Table Edge: Dyna-Rock - Purple Stool Type: Rectangular Stool Top Color: Purple Stool Bottom Color: Black Metal Finish: Champagne

ITEM 4.1 -INSTALLATION

Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

ITEM 5 CONVERSATION TABLES

Table Top Size: 30"W x 60"L x 30"H Top Laminate: Formica - Cassis Left External Side Panel Laminate: Formica - Ceruse Gray Walnut Left Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Right External Side Panel Laminate: Formica - Ceruse Gray Walnut Right Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Edges: Dyna-Rock - Black Metal Finish: Champagne Wheel Color: Standard

Table Top Size: 30"W x 60"L x 30"H Top Laminate: Formica - Black Braze Left External Side Panel Laminate: Formica - Ceruse Gray Walnut Left Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Right External Side Panel Laminate: Formica - Ceruse Gray Walnut Right Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Edges: Dyna-Rock - Purple Metal Finish: Champagne Wheel Color: Standard

Mobile Conversation Table Table Top Size: 30"W x 60"L x 30"H Top Laminate: Formica - Cassis Left External Side Panel Laminate: Formica - Ceruse Gray Walnut Left Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Right External Side Panel Laminate: Formica - Ceruse Gray Walnut Right Internal Side Panel Laminate: Formica - Ceruse Gray Walnut Edges: Dyna-Rock - Black Metal Finish: Champagne

ITEM 5.1 -INSTALLATION

Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

ITEM 6 WASTE AND RECYCLING RECEPTACLES

Back External Laminate: Formica - Black Braze Back Internal Laminate: Formica - Black Braze Top Laminate: Formica - Cassis Left Side External Laminate: Formica - Black Braze Left Side Internal Laminate: Formica - Black Braze Right Side External Laminate: Formica - Black Braze Right Side Internal Laminate: Formica - Black Braze Door Laminate: Custom Logo 5 Edges: Dyna-Rock - Purple Metal Finish: Black Wheel Color: Standard

OPTIONS:

Upgrade: Custom Logo Door

Back External Laminate: Formica - Black Braze Back Internal Laminate: Formica - Black Braze Top Laminate: Formica - Cassis Left Side External Laminate: Formica - Black Braze Left Side Internal Laminate: Formica - Black Braze Right Side External Laminate: Formica - Black Braze Right Side Internal Laminate: Formica - Black Braze Door Laminate: Formica - Cassis Edges: Dyna-Rock - Purple Metal Finish: Black

ITEM 6.1 -INSTALLATION

Installation to include:

Site visit to confirm measurements Removal of existing tables Turn-Key Installation Start-up and check for proper operation Factory demonstration at each cafeteria

Unit Price $_______________ Total Price $________________

Company Name_________________________________________

Date__________________________

Authorized Signature_____________________________________

Other Relevant Information: _____________________________________________________________

Hattiesburg High School Seating and Table Schedule

TOTAL SEAT COUNT: 534

Table Top Type Table Top Seat

Counter 12 48 4 Tops 22 88 6 Tops 13 78 8 Tops 10 80

12 Tops 20 240

Hattiesburg Public School District Child Nutrition

Bid Protest Procedure and Policy

I. Purpose

The proceduressetforthhereinandissuedbytheHattiesburgPublicSchoolDistrict, establishtheguidelinesrelatingtothefiling,hearing,decision,andappealofprotests byanyactualprospectivebidderorcontractorwhoisaggrievedinconnectionwiththe bidding or award of a contract.

II. Definitions

When used in reference to this procedure:

a. Theterm "Protestor''meansanyactualorprospectivebidderorcontractorwhois 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. Theterm"BoardAttorney"meanstheindividualassignedbytheSuperintendentof the Hattiesburg School District to provide legal assistance to the Foodservice Administrator.

d. Theterm"Board"meansthemembershipoftheHattiesburgSchoolDistrictBoard of Education.

Ill. Right to Protest

Anyactualorprospectivebidder,offerer,orcontractorwhoisaggrievedinconnection with the solicitation or awardofacontractwhichmeetsBoardapprovalrequirements may file a protest.

IV. Subject of Protest

Protestors may file a protest on any phase of solicitation or awardincluding,butnot 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. astatement,insufficientdetail,ofthefactsuponwhichtheprotestisbased,includingthe 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,

e. 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, unlessthe Superintendent, after conferring with the Foodservice Administrator, makes a determinationthatinordertoprotectsubstantialinterestsoftheschooldistrict,itis 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 withinthereasonabletimeperiodestablishedbytherequestingsourceinorderto expedite consideration oftheprotest.Failureofanypartytocomplyexpeditiously witharequestforinformationbytheSuperintendentmayresultintheprotestbeing 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

Whenaprotestisfiled,theSuperintendentshalldetermineifaprotestconference isneededandappropriate.Ifso,adate,time,andplacefortheprotestconference 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 aprotestor,withoutgoodcause,failstoappearattheprotestconference,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

Soastoencouragetheamicableresolutionofaprotest,theprotestconferenceis informal andnowitnessesareexamined.However,ifthereisanyonethataparty believescanprovidepertinentinput,thepartymayhavethatpersonpresenttobe interviewed at the conclusion of the conference and before a decision is made.

The protestor hastheburdenofprovingthatthespecifications,bidding,oraward 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,prepareawrittendecision.Acopyofsuchdecisionshallbesent 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. Reviewbythe Board

a. Right to Review Any protestor or interested party who participated in the conference or the procuringagencyaggrievedbythefinaldecisionoftheSuperintendentmayfile 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 anyinterestedpartywhoparticipatedintheprotest,bypersonaldeliveryorby 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 partywho participated in theprotest.Adeterminationofanissueorfactbyaquorumof theBoardshallbefinalandconclusiveunlessarbitrary,capricious,fraudulent, or clearly erroneous.

XVIII. Exhaustion of Remedies

Exceptasmaybeauthorizedunderfederallaw,noprotestormayfileapetitionfor 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 beconsidered waived.

IfarequestforreviewbytheBoardisnotfiledwithinthespecifiedtimelimit,itwill 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.