AMENDMENT ONE -REVISED CLAUSES.docx

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Attached to
1661-25-R-IFBD-00004-V02
Solicitation number
3160007270
Issued by
Mississippi

About this file

Amendment One - Revised Clauses is a document associated with the Mississippi Department of Child Protection Services (MDCPS) Invitation for Bid (IFB) No. 1661-25-R-IFBD-00004 for Therapeutic Placement and Treatment Services. The procurement seeks to establish multiple contracts with residential treatment centers capable of providing emergency therapeutic placement services for complex children and youth in state custody who have experienced multiple failed placement attempts. The contract term will span from June 6, 2025, through June 5, 2030, with electronic bids due by April 28, 2025, at 10:00 AM Central Time. MDCPS anticipates issuing a Notice of Intent to Award on May 7, 2025, with the primary objectives of supporting children with behavioral and emotional challenges and working towards permanency through reunification, relative care, adoption, or guardianship.

The contract will be structured as a firm fixed-price agreement with a daily per diem rate, potentially adjustable annually up to 5% or based on the Consumer Price Index increase. Funding will come from state appropriations, subject to fund availability and potential approval by the Public Procurement Review Board. Bidders must meet specific qualifications, including being in business for at least five years, possessing a child-licensed facility, maintaining national accreditation, and achieving a minimum reference score. The solicitation appears open to all qualified residential treatment providers without specific set-aside designations for disadvantaged enterprises. The procurement mechanism allows MDCPS flexibility in placing children, with selected vendors expected to provide specialized therapeutic services for the most challenging cases in the child welfare system.

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Text version

Amendment #1

Therapeutic Placement and Treatment Services

IFB No. 2025TPTS002 RFx No. 3160007270

Revised Deadline & Additional Clauses

Number
Section
Revision
1.
Deadline to Submit Bids
The deadline has been changed to April 29, 2025, 10:00 AM CST.
2.
1.9. Type of Contract

Contract rights do not vest in any party until a contract is legally executed. MDCPS is under no obligation to award a contract following the issuance of this solicitation.

3.
1.9.4 Price Adjustment to Account for Inflation

Price Adjustment - If, during the term of this agreement, the cost of goods, labor, or materials increases by more than [5%], the price shall be renegotiated to reflect the actual cost increase. The Contractor shall provide a market analysis regarding the viability of the original bid rates and rates the Contractor contends would not be viable under the current market conditions. The Contractor shall also provide any other support for the request for a price adjustment required by MDCPS. MDCPS has the sole discretion to determine whether a price adjustment will be allowed, the amount of the price adjustment, and the duration of the price adjustment. Any price adjustments shall be made in good faith and will take effect upon or after board approval. In no event shall this price adjustment constitute a guarantee of minimum payment. Payment will only be made for services rendered on an as-needed basis by MDCPS. No price adjustment will be allowed other than as described in this paragraph.

4.
Attachment L page 42, number 29
No Limitation of Liability. Nothing in this agreement shall be interpreted as excluding or limiting any liability of the Contractor for harm arising out of the Contractor’s or its subcontractors’ performance under this agreement.
5.
Attachment L page 42, number 30
Property Rights (for the contract). Property rights do not inure to Contractor until such time as services have been provided under a legally executed contract. Contractor has no legitimate claim of entitlement to the provision of work hereunder and acknowledges that the MDCPS may terminate this contract at any time for its own convenience.
6.
Attachment L page 42, number 31
Representation Regarding Gratuities. Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MDPCS a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Contractor further represents that no employee or former employee of MDCPS has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by contractor. Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.
7.
Attachment L page 42, number 32
Required Public Records and Transparency. Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25-61-9(7). The contract shall be posted publicly on www.transparency.ms.gov [transparency.ms.gov] and shall be available for at the Agency for examination, inspection, or reproduction by the public. The contractor acknowledges and agrees that the MDCPS and this contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-151, et seq.

Please acknowledge receipt of Amendment One by completing and returning the Acknowledgement of Amendment Form (Attachment H) with your bid package no later than April 29, 2025, at 10:00 AM Central Time.

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