EAP SERVICES.FINAL.6.13.2025.docx

MISSISSIPPI DIVISION OF MEDICAID PROCUREMENT

INVITATION FOR BID

IFB #20250613

RFX #3160007134

Employee Assistance Program

Issue Date: Friday, June 13, 2025 Mandatory Letter of Intent Deadline: Friday, June 27, 2025, 2:00 p.m. CST Pre-Bid Conference: Tuesday, July 1, 2025, 11:00 a.m. CST Written Questions Deadline: Thursday, July 3, 2025, 2:00 p.m. CST Bid Response Deadline: Friday, August 1, 2025, 2:00 p.m. CST

Procurement Contact:

Jeanette Crawford, Procurement Officer Telephone: 601-359-2664 E-Mail: procurement@medicaid.ms.gov

Table of Contents

1.0 PROCUREMENT OVERVIEW

1.1 Purpose

The Mississippi Division of Medicaid (DOM) Office of Procurement issues this Invitation for Bid (IFB) to solicit offers from qualified, experienced, responsible, and financially sound entities to provide competitive sealed bids to provide an Employee Assistance Program (EAP) for DOM employees and their covered family members. DOM seeks to contract with a single vendor. The selected vendor will assist DOM by providing employees and their families with comprehensive counseling, assessment and referral for individuals who may have substance abuse, psychological, marital, family, financial, legal or other personal challenges.

DOM employs roughly 1,000 employees located throughout one central office, 30 regional offices and over 80 outstations statewide. Services are to include DOM employees and covered family members (spouse, children and stepchildren under the age of 26) at home or enrolled in school full-time.

Any IFB provisions and/or requirements designated as “Minimum Qualifications” are mandatory and must be met to be considered a responsive and responsible bidder. Failure to meet these minimum qualifications may result in the bid being rejected and disqualified from consideration. The Bidder is disallowed from taking exceptions to these “Minimum Qualifications”. Any exceptions and/or deviations to or from these “Minimum Qualifications” may also be cause for rejection.

Bidders will be directed to DOM’s website throughout this procurement. Please note that all historic data, if any, referenced in this IFB may be found on DOM’s website at: https://medicaid.ms.gov/resources/procurement/

1.2 Authority

This IFB is issued under the authority of Title XIX (Medicaid) and Title XXI (Children’s Health Insurance Program) of the Social Security Act as amended, implementing regulations issued under the authority thereof, and under the provisions of the Mississippi Code of 1972, as amended. All prospective Contractors are charged with presumptive knowledge of all requirements of the cited authorities in this IFB. The submission of a valid executed bid by any prospective Contractor shall constitute admission of such knowledge on the part of each prospective Contractor. Any bid submitted by any prospective Contractor which fails to meet any published requirement of the cited authorities may, at the option of DOM, be rejected without further consideration.

Medicaid is a program of medical assistance for the needy administered by the states using state appropriated funds and federal matching funds within the provisions of Title XIX of the Social Security Act, as amended.

In addition, Section 1902(a)(30)(A) of the Social Security Act (42 USC §1396a(a)(30)(A)), as amended, requires that State Medicaid Agencies provide methods and procedures to safeguard against unnecessary utilization of care and services and to assure “efficiency, economy, and quality of care.”

1.3 Procurement Timeline

The following timetable is the estimated and anticipated timetable for the IFB and procurement process. DOM reserves the right to amend the Procurement Timetable.

Figure 1.1: Procurement Timetable

1.4 Request for Reconsideration of the Terms of the Solicitation Any potential bidders are advised that they may request reconsideration of this solicitation. Specific guidelines and procedures for such requests can be found in Section 5.2.4 of the PPRB OPSCR Rules and Regulations.

1.5 Pre-Submission Requirements

1.5.1 Mandatory Letter of Intent

To be eligible to submit a Bid, the Bidder is required to submit Attachment J: Mandatory Letter of Intent via email to: procurement@medicaid.ms.gov.

The Mandatory Letter of Intent is due by Friday, June 27, 2025, by 2:00 p.m. CST. The Mandatory Letter of Intent must be signed by an individual authorized to commit the Bidder to the work proposed.

Failure to submit the Mandatory Letter of Intent by deadline listed above, will disqualify a submitted bid from consideration. It is the responsibility of the Bidder to ensure that the Mandatory Letter of Intent is delivered timely, and the Bidder bears all risks of delivery. Submission of the Mandatory Letter of Intent does not bind a prospective Bidder to submit a bid.

For the purposes of accessing DOM’s SharePoint site that will be used for submission of bids, the Bidder must include on the Mandatory Letter of Intent two (2) individuals’ email addresses for the person(s) responsible for uploading the bid to the SharePoint site. A field is included on the Mandatory Letter of Intent for that purpose. Please ensure all email addresses are typed or printed clearly for guaranteed legibility. Shared email addresses are not eligible; they must be individual email accounts.

1.5.2 Pre-Bid Conference

A pre-bid conference will be held Tuesday, July 1, 2025, at 11:00 a.m. CST, via a Microsoft Teams link that will be distributed to potential bidders that submit a Mandatory Letter of Intent. Please note that attendance is not mandatory. A record of all bidders who attend the conference shall be made. The pre-bid conference is to discuss the procurement submission requirements.

Any questions should be provided in accordance with Section 1.5.3. The questions and answers document will be made available to the bidders that submitted a Mandatory Letter of Intent by the anticipated deadline as noted in Figure 1.1 above and will be posted on the Mississippi procurement portal and on the Division’s Procurement website https://medicaid.ms.gov/resources/procurement/. Nothing stated at the pre-bid conference shall change the IFB unless stated in a written amendment.

1.5.3 IFB Questions and Answers

Multiple questions may be submitted Thursday, July 3, 2025, no later than 2:00 p.m. CST, using the Question and Answer template found at: https://medicaid.ms.gov/resources/procurement. Questions must be submitted using the referenced template and sent via e-mail to: procurement@medicaid.ms.gov with the subject line: Employee Assistance Program IFB – Questions. The Bidder bears all risk and responsibility for ensuring timely delivery. Questions received after the deadline and Questions submitted by Bidders who do not submit a timely Mandatory Letter of Intent will not be addressed by DOM.

DOM anticipates written answers will be available 5:00 p.m. CST, Monday, July 21, 2025, via DOM’s procurement website at: https://medicaid.ms.gov/resources/procurement/ and the Mississippi Contract/Procurement Opportunity Search portal website at:

https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False DOM will submit a register of all questions, exactly as submitted, along with the corresponding answers. The register of all questions and answers shall be issued as an Amendment to the IFB. DOM’s responses to questions will be treated as amendments to the IFB and will require acknowledgment.

Written answers provided for the questions are binding. Questions and answers shall become part of the final contract as an attachment.

1.5.4 Acknowledgement of Amendments

Should an amendment to the IFB be issued, an amendment will be posted on the Mississippi Contract/Procurement Opportunity Search Portal website and DOM’s website in a manner that all bidders will be able to view.

Bidders shall acknowledge receipt of any amendment to the IFB, in writing, by signing and returning the amendment and including in the bid submission in the format as described at IFB Section 3.4.14, Bid Submission Format. This includes receipt of the Question and Answer document. Each bidder shall submit a written acknowledgement of every amendment to DOM with the bid submission on or before the bid submission deadline.

1.6 Bid Submission Requirements

Bids shall be submitted electronically through a SharePoint site ONLY maintained by DOM by 2:00 p.m. CST, Friday, August 1, 2025. It is the responsibility of the Bidder to ensure timely submission of its bid. Access will be given to the Bidder for up to two individual email addresses, which must be included in the Bidder’s Mandatory Letter of Intent, Attachment J. Shared email addresses are not accepted.

Bidders will only have access to their company's specific folder within SharePoint. To test the upload process, bidders can upload clearly labeled test documents (e.g., "TEST DOCUMENT"). These test documents will not be included in the evaluation and should not be removed from the SharePoint portal. All other submitted documents must be labeled as outlined in this IFB. Bid submissions should include all required documents for consideration. Bid submissions that include web links for redirection to external websites or documents will not be accepted and may result in the rejection of the bid.

If there are questions about the use of the SharePoint portal for submission, email: sally.harrison@medicaid.ms.gov and the Procurement team at: procurement@medicaid.ms.gov. To prevent last-minute registration/submission issues, assistance must be requested at least two (2) business days prior to the IFB due date.

Once Bidders have uploaded their test documents and/or bid responses to SharePoint, they may ask DOM to verify receipt of responses by emailing: Procurement@medicaid.ms.gov.

After the deadline for bid submission, Bidder’s access to the SharePoint site will expire. No exceptions will be made. DOM is not responsible for bids that are uploaded into SharePoint and system timestamped after the 2:00 p.m. CST submission time. Any attempts to submit a Bid or any modifications thereof after the deadline will be considered late and may not be considered for award.

It is the Bidder’s responsibility to check DOM’s website periodically for notices or addendums before proposal opening at https://medicaid.ms.gov/resources/procurement/.

1.6.1 Confidential/Redacted Version of Bid

If the Bid contains information that the bidder deems confidential commercial and financial information and/or trade secrets, excluded from the scope of the Mississippi Public Records Act under Mississippi Code Annotated §§ 25-61-9, 75-26-1 - 75-26-19, and/or 79-23-1, the bidder shall submit, in addition to the complete unredacted version of the bid, one (1) copy of the bid redacted in black. The redacted copy of the bid shall be in a single document and shall be clearly labeled “PUBLIC COPY” on the cover page. This file should be in a searchable Microsoft Word or Adobe Acrobat (PDF) format.

Each page upon which confidential information appears shall be clearly marked as containing confidential information and the confidential information shall be redacted. The confidential material shall be redacted in such a way as to allow the public to determine the general nature of the material removed and redactions shall be limited to only the information which meets the requirements of Mississippi Code Annotated §§25-61-9, 75-26-1 - 75-26-19, and/or 79-23-1 to be considered exempt from the Mississippi Public Records Act. To the extent possible, pages should be redacted sentence by sentence unless all material on a page is clearly confidential under the law. The Offeror shall not identify the entire Bid as confidential.

The Public Copy (redacted version) of the bid, or if a Bidder does not produce a redacted version of the bid (full unredacted version) will be produced as a public record exactly as submitted and immediately released, without notification, at DOM’s sole discretion pursuant to any request under the Mississippi Public Records Act, Miss. Code Ann. §§25-61-1 et seq. and Miss. Code Ann. §§79-23-1 or for any other reason. DOM may use public/redacted copies for various purposes, such as posting on DOM’s website and promoting transparency by publicly posting on the Transparency Mississippi website. Bidder shall be responsible for errors made in redaction of documents.

Bidders may be subject to exclusion from future contract awards pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, effective September 6, 2024 (PPRB Rules or PPRB OPSCR Rules and Regulations), if the Agency or PPRB determines that redactions made by the bidder were made in bad faith in order to prohibit public access to the portions of the bid which are not subject to Mississippi Code Annotated §§25-61-9, 75-26-1 - 75-26-19, and/or 79-23-1.

Failure to make a selection of the release of public information on Attachment F, Proprietary Information Form, may disqualify a bid submission from consideration.

1.7 Expenses Incurred in Preparing Bid

All parties participating in the procurement process/preparation of bid with regard to this IFB shall bear their own costs of participation, pursuant to Section 1.4.4, PPRB OPSCR Rules and Regulations.

1.8 Type of Contract

Compensation for services shall be in the form of a firm fixed-rate agreement, which provides a price that is not subject to adjustment because of variations in the contractor’s cost of performing the work specified in the contract.

1.9 Written Bids

All bids shall be in writing.

1.10 Minimum Qualifications Criteria

1.10.1 Bid Form (Attachment B)

Bidder shall certify to each requirement as specified in “Attachment B – Bid Form”, by signing and acknowledging the statements in the bid form.

All pricing shall be submitted on Attachment B - Bid Form, which includes bid certifications and attestations. Cost included elsewhere in the Bidder’s submission will not be considered as a cost for the contract and will not be paid.

The supporting documentation required in 1.10.2 Minimum Qualifications must be included with the Bid Form submission to be considered complete.

Failure to complete and/or sign the bid form may result in the Bidder being determined non-responsive.

1.10.2 Minimum Qualifications (Attachment B: Addendum 1)

Bidders shall provide written, detailed validation describing Bidder’s ability to meet each of the qualifications as an addendum to Attachment B entitled, “Attachment B: Addendum 1: Minimum Qualifications”.

1. a) Bidder Experience Requirement: Bidder must have a minimum of three (3) – five (5) years of experience in a structured Employee Assistance Program environment within the last five (5) years. Bidder must provide a list of all Clients/projects from whom EAP services have been provided within the last five (5) years, including the years serviced and a summary of services provided.

b) References: From the list provided at IFB Section 1.10.2 (1.a.), Bidder shall provide reference contacts of all business clients from Bidder’s project list, using Attachment G, References. The Bidder must submit as many additional copies of Attachment G as necessary to list contact information for all clients specified in IFB Section 1.10.2 (1.a.). Reference contacts shall be contacted at random until two (2) references identified as meeting the minimum qualifications have been contacted and Reference Survey Score Sheets are completed. No further references shall be contacted. DOM staff shall be able to contact two references within three (3) business days of bid opening or the Bidder may be rejected.

i. These Bidder-provided references shall be familiar with and be able to speak to the Bidder's abilities as it relates to Bidder's past or current performance. The Bidder is solely responsible to ensure that reference contact information is correct and current and that the reference contact has the knowledge and authority to speak to the Bidder's performance on past or current projects for this reference check.

ii. Bidder must score a minimum of nine (9) points on each Reference Survey Score Sheet to be utilized by DOM Procurement staff when interviewing Bidder-provided references. A total reference score of 18 points (combined minimum scoring of nine (9) points for each of the individual Reference Survey Score Sheets) is required to be considered responsive and/or responsible. A sample copy of the Reference Survey Score Sheet is provided on Appendix 1.

2. Bidder Licenses/Certifications: Bidder must have the necessary licenses and certificates required to perform the services and maintain current and valid licenses or certifications throughout completion of the required services. At least one of the following recommended licenses are required for professional counselors:

· Licensed Clinical Social Worker (LCSW)

· Licensed Clinical Social Worker – Supervisor (LCSW-S)

· Licensed Professional Counselor (LPC)

· Licensed Professional Counselor – Supervisor (LPC-S)

· Licensed Marriage and Family Counselor (LMFT)

· Licensed Marriage and Family Counselor – Supervisor (LMFT-S)

· Independently Licensed Clinical Psychologist (PsyD, PhD) Bidders must provide a list of all professional counselors proposed to support DOM, including their titles and relevant certifications. The number of counselors proposed should be sufficient to effectively meet the agency's needs. At a minimum, each professional counselor must possess a bachelor's degree and 3-4 years of relevant experience. Failure to provide this information will result in bid disqualification.

3. Privacy/Security Compliance: The Bidder shall execute the DOM Business Associate Agreement (BAA), included as Attachment C and shall submit as part of the bid submission. The terms and conditions of the BAA are non-negotiable. Failure to submit the signed BAA will render your proposal non-responsive. The BAA will not be enforced upon any Bidder unless a valid contract resulting from this IFB is fully executed with DOM.

Bidders must fully respond to each requirement by fully describing the manner and degree by which the bid meets or exceeds these qualifications. If a Bidder is unable to meet or exceed these qualifications or otherwise comply with minimum qualification requirements, then the Bidder may be disqualified.

1.11 Accuracy of Statistical Data

If applicable, all statistical information provided by DOM in relation to this IFB represents the best and most accurate information available to DOM from DOM records at the time of the IFB preparation. DOM, however, disclaims any responsibility for the inaccuracy of such data. Should any element of such data later be discovered to be inaccurate, such inaccuracy shall not constitute a basis for renegotiation of any payment rate after contract award. Statistical information concerning DOM operations is available on DOM’s website.

1.12 Procurement Regulations

This solicitation shall be governed by the applicable provisions of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available on the Mississippi Department of Finance and Administration’s website (Personal Service Contract Review | Mississippi Department of Finance and Administration). Any bidder responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

1.13 Property Rights

Property rights do not inure to any Bidder until such time as services have been provided under a legally executed contract. No party responding to this IFB has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. DOM is under no obligation to award a contract and may terminate a legally executed contract at any time.

1.14 Electronic Availability

The materials listed below are on the Internet for informational purposes only. This electronic access is a supplement to the procurement process and is not an alternative to official requirements outlined in this IFB.

This IFB, any amendments thereto, and IFB Questions and Answers (following official written release) shall be posted on the Procurement page of the DOM website at:

http://www.medicaid.ms.gov/resources/procurement/ Information concerning services covered by Mississippi Medicaid and a description of the DOM organization and functions, Annual Reports, Provider Manuals, Bulletins and other information can also be found on the Procurement page of the DOM website at: http://www.medicaid.ms.gov The DOM Annual Report Summary provides information on beneficiary enrollment, program funding, and expenditures broken down by types of services covered in the Mississippi Medicaid program for the respective fiscal years.

The State of Mississippi website is: http://www.mississippi.gov.

Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) system information can be found at: https://portal.magic.ms.gov MAGIC can be used to register as a supplier to allow businesses to receive upcoming RFX opportunity notifications based on the product categories requested by the supplier. Businesses can search the MAGIC system for upcoming RFXs, respond electronically to some solicitations and receive purchase orders by email. If you are interested in registering, please visit: https://www.dfa.ms.gov/mmrs-vendors Information regarding Mississippi Department of Information Technology Services’ (MS ITS) Enterprise Security Policy can be found at: Secretary of State Administrative Bulletin/Enterprise Security Policy Information regarding Mississippi Department of Information Technology Services’ (MS ITS) Cloud Enterprise Security Policy can be found at:

Secretary of State Administrative Bulletin/Cloud Enterprise Security Policy Rules and Regulations of the Public Procurement Review Board, Office of Personal Services Contract Review Board can be found at: https://www.dfa.ms.gov/dfa-offices/personal-service-contract-review/ The Mississippi Code of 1972 covers all sections of and amendments to the Constitution of the United States and the Constitution of the State of Mississippi. Access to the Mississippi Code can be found at:

https://www.sos.ms.gov/communications-publications/mississippi-law.

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2.0 PROJECT OVERVIEW

The DOM Office of Human Resources is in need of an employee assistance program for one central office, 30 regional offices and over 80 outstations located throughout the State of Mississippi.

DOM intends to award one contract for the services required herein. DOM further reserves the right to reject any and all responses to this solicitation at any point during the evaluation, awarding, or negotiation process.

2.1 Scope of Services

The Scope of Services describes the performance requirements for the Bidder.

DOM reserves the right to make appropriate adjustments in the Scope of Services by written agreement between DOM and the Bidder on an as needed basis.

The EAP will provide a broad scope of services consisting of short-term counseling/treatment and/or referral for areas such as, but not limited to:

1. Stress

2. Financial Problems

3. Family Relationship Problems

4. Legal Problems

5. Alcohol/Drug Abuse

6. Marriage and Divorce Problems

7. Nutrition and Exercise

8. Child Care/Elder Care

9. Other problems that may reduce the employee’s work performance.

2.1.1 General Requirements

Bidder shall provide DOM with a professional Employee Assistance Program to include, but not limited to:

1) Number of EAP calls received,

2) Statistics of scheduling appointments within 24 hours of initial contact,

3) Types of referrals (e.g., mental health, substance abuse, etc.),

4) Number of outpatient therapy admissions, and

5) Total number of counseling sessions.

These reports shall not contain the identity of employees nor covered family members but shall simply be statistical summaries.

2.2 Referrals

2.3 Travel

All travel performed in conjunction with performing the responsibilities of this Contract should be included in the operations costs as necessary.

2.4 Contractor Payment

The Contractor is solely responsible for fulfillment of the contract terms with DOM. DOM will make contract payments only to the Contractor.

The Contractor shall be paid monthly in accordance with the Contractor’s bid price proposal which shall be a firm and fixed price, unless otherwise specified, for the period of the Contract. The Contract award will be based on the submitted price per month and the total amount payable under the Contract will not exceed the submitted price per year.

Payments will be based on submitted invoices. The invoice format must be agreed upon by DOM and the contractor and should include, at a minimum, the contract number, an invoice number, and a description of the work performed (accompanied by a report or spreadsheet describing the services provided at each location that includes the number of DOM employees or covered family members that requested and received EAP services for the month billed without identifying employees or covered family members). To streamline the payment process, DOM requires a single monthly invoice that includes the total cost for all locations.

2.5 Operational Phase

During the operational phase, the Contractor shall perform the responsibilities described in this IFB. The Contractor will be required to adhere to the performance requirements of the contract and those found in state and federal law, as well as the requirements of any revisions in federal and state law or regulations which may be enacted or implemented during the period of performance of this contract that are directly applicable to the performance requirements of this contract.

2.6 Transition Phase

Upon contract award or the termination of this Agreement, Contractor shall cooperate fully to ensure a smooth and seamless transition of services for DOM employees and their eligible dependents. The key objectives of this transition are to minimize disruption to employee access to EAP support and to ensure the secure and confidential transfer of necessary information, where applicable and permissible by law and ethical guidelines. The Contractor shall take no action that will hinder the orderly transition of duties and responsibilities from the Contractor to another separate contractor upon termination of this contract.

A formal transition plan isn’t currently documented for the existing contract, this initiative aims to proactively develop a robust plan to ensure a smooth handover to the subsequent contractor.

During the Transition Phase the Contractor must provide a detailed plan for transitioning to a subsequent contractor to take over the operations of those initiatives implemented under this contract that will meet industry and best practice standards. A transition plan shall be provided at DOM’s request at an agreed upon date. This plan shall include the number of employees utilizing EAP services by current vendor. This plan will also include a timeline of when all clients will be transferred to the new vendor.

Contractor will be responsible for communicating the change in EAP providers to all employees and eligible dependents. To include but not limited to:

i. Notification of the termination of services,

ii. Introduction of new EAP provider name and effective date of new EAP services,

iii. Clear instructions on how to access services with the new provider, including contact information,

iv. Information regarding the continuity of care for ongoing cases, where appropriate and permissible,

v. Information regarding the availability of services with Contractor during the transition period.

i. Contractor will continue to provide services to existing clients for a limited period, offer facilitated referrals to the new provider, and provide summaries of care with client consent.

ii. Contractor will establish intake procedures for transferring clients and review relevant case information with client consent.

iii. All efforts will be made to ensure a smooth handover for employees currently receiving support, while adhering to client confidentiality and applicable regulations (e.g. HIPAA).

Contractor shall state what data will be transferred, the method of transfer, and the timeline. Note: Data transfer may be limited or prohibited due to privacy regulations and client confidentiality.

Contractor will provide DOM with final reports, utilization reports, and summary data up to the date of termination.

3.0 PROCUREMENT PROCESS

3.1 Approach

This IFB is designed to provide the Bidder with the information necessary to prepare a competitive Bid. The IFB process is designed to give DOM a quality service at the lowest price from a responsive and responsible Bidder. DOM reserves the right to interpret the language of this IFB or its requirements in a manner that is in DOM’s best interest.

DOM shall ensure the fair and equitable treatment of all persons and Bidders in regard to the procurement process. The procurement process provides for the evaluation of the IFB and selection of the lowest responsive and responsible Bidder in accordance with Federal and State laws and regulations. Specifically, the procurement process is guided by appropriate provisions of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

Submission of a sealed bid in response to this IFB constitutes acceptance of the following:

i. The conditions governing the procurement process,

ii. The bidder meeting minimum qualifications criteria described in Section 1.10 of this IFB, and

iii. The price submission methodology in Attachment B, Bid Form.

No public disclosure or news release pertaining to this procurement shall be made without prior written approval of DOM. Failure to comply with this provision may result in the Bidder being disqualified.

3.2 Multi-Term Contracts

Unless otherwise provided by law, a contract for personal and professional services may be entered into for a maximum period of performance of five years. Multi-term contracts are those contracts which (1) have a period of performance lasting more than one year; (2) have a period of performance which spans two or more state fiscal years; and/or (3) have renewal clauses which, if exercised, would make the period of performance more than one year or make the period of performance span two or more state fiscal years.

This solicitation does provide for a multi-term contract.

3.3 Rules of Procurement

To facilitate the DOM procurement, various rules have been established and are described in the following sub-sections.

Additionally, this procurement is governed by the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, effective date September 6, 2024, located at: https://www.dfa.ms.gov/.

All applicable rules, regulations, and legal authorities will be applied as necessary in this procurement, regardless of whether it is specifically stated herein.

3.3.1 Restrictions on Communications with DOM staff

From the issue date of this IFB until a Contractor is selected and the contract is signed, Bidders and/or their representatives are not allowed to communicate with any DOM staff regarding this procurement except the IFB Issuing Officer. For violation of this provision, DOM reserves the right to reject any bid.

3.3.2 Amendments to this IFB

DOM reserves the right to amend the IFB at any time. All amendments shall be posted to the DOM website at: www.medicaid.ms.gov/resources/procurement and the Mississippi Contract/Procurement Opportunity Search Portal website at:

https://www.ms.gov/dfa/contract_bid_search/Bid?autoloadGrid=False It is Bidder’s responsibility to check DOM’s website periodically for notices or addendums before the bid opening date. Amendments to the IFB shall be identified as such and shall require that the Bidder acknowledge receipt thereof. The amendment shall reference the portions of the IFB it amends. Question and Answer documents shall be treated in the same manner as amendments.

3.3.3 Acceptance of Bids

After receipt of the bids, DOM reserves the right to award the contract based on the terms, conditions, and premises of the IFB and the bid of the selected Contractor without negotiation.

DOM reserves the right to exclude any and all non-responsive bids from any consideration for contract award.

3.4 Bid Evaluation

Only objectively measurable criteria set forth in this IFB shall be applied in bid evaluation. Criteria not set forth in this IFB may not be used to evaluate the bids. The contract may only be awarded to the lowest responsive and responsible bidder.

In order to determine which bidder is the lowest responsive and responsible bidder, DOM shall evaluate:

3.4.1 Responsive Bidder

Bidder must submit a bid which conforms in all material respects to the IFB requirements. Non-responsive bids may be rejected.

3.4.2 Responsible Bidder

Bidder must meet the minimum qualifications established by DOM which were included in the IFB. The established minimum qualifications are aimed at determining whether a vendor has the capability in all respects to fully perform the contract requirements, determining whether a vendor has the integrity and reliability which will assure good faith performance, and reducing the risk of a subsequent default or unsatisfactory performance by a vendor which would result in additional administrative costs to DOM.

3.4.3 Bid Modification and Withdrawal

Bidders may modify or withdraw their bids under certain conditions. To the extent it is not contrary to the interest of DOM or the fair treatment of other bidders, any bidder may withdraw his bid and submit a modified bid at any point prior to the bid submission deadline. Modified bids shall not be opened until the bid opening. Unless the IFB provides otherwise, any bidder submitting more than one bid will be deemed to have withdrawn the bid submitted earlier in time in favor of the bid submitted later in time.

A bidder may withdraw a bid at any time by written notice to DOM official designated in the IFB. If any such withdrawal occurs by the successful bidder(s) after the bid opening and/or issuance of the Notice of the Intent to Award, DOM may cancel the solicitation or proceed with award of a contract as if the withdrawn bid had not been submitted.

Unless requested by DOM, no other amendments, revisions, or alterations to bids shall be accepted after the bid due date.

3.4.4 Confirmation of Bid

When DOM knows or has reason to conclude that a mistake has been made, DOM may request the bidder to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid which is unreasonably lower than the other bids submitted. If the bidder alleges a mistake, the bid shall be considered withdrawn unless correction meets the definition of a minor informality. DOM shall have the sole discretion as to whether confirmation of a bid is warranted, but DOM shall exercise that discretion in a manner that is fair to all bidders.

3.4.5 Minor Informalities and Irregularities

DOM has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any bidder.

If insufficient information is submitted by a bidder for DOM to properly evaluate the offer, DOM has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any bidder.

3.4.6 Receipt of Acknowledgement of Amendments

Written acknowledgement of ALL amendments to the IFB shall be received from all bidders prior to issuance of the Notice of Intent to Award.

DOM may, at its discretion, allow bidders to submit missing acknowledgements after the bid submission deadline but prior to issuance of the Notice of Intent to Award. This decision will be made fairly for all bidders. Any bidder who does not provide DOM acknowledgement(s) of every amendment issued may be deemed non-responsive and not eligible for award.

3.4.7 Multiple or Alternate Bids

Each Bidder, its subsidiaries, affiliates, or related entities shall be limited to one bid which is responsive to the requirements of this IFB. Failure to submit a responsive bid may result in the rejection of the bid. Submission of more than one bid by a Bidder may, at the discretion of DOM, result in the summary rejection of all bids submitted. A bid shall not include variable or multiple pricing options.

3.4.8 Bidder Submitting More Comprehensive Services

The contract shall be awarded to the bidder who submitted the lowest responsive and responsible bid based on the criteria set forth in the IFB. DOM will only consider the specific services outlined in the IFB when evaluating bids. Any additional services offered by bidders will not be factored into the contract award decision. However, DOM may accept unsolicited services if they are provided at no cost to DOM and if the bidder would have been selected for contract award even without offering these extra services.

3.4.9 Low Tie Bids

Low tie bids exist when two or more responsive and responsible bidders submit identical, lowest overall bids that meet all IFB requirements. In such cases, DOM will determine the winning bidder according to the procedures outlined in Section 5.5.8, Low Tie Bids, of the PPRB OPSCR Rules and Regulations.

3.4.10 Single Bids Received

If only a single bid is received which is responsive and responsible, DOM may award to the single bidder according to the procedures outlined in Section 5.5.9, Single Bid Received, of the PPRB OPSCR Rules and Regulations.

3.4.11 Conditional Bids Prohibited

Any bid which is conditioned upon receiving award of the particular contract being solicited and another contract shall be deemed non-responsive and not eligible for award.

3.4.12 Nonconforming Terms and Conditions

A bid response that includes terms and conditions that do not conform to the terms and conditions in the IFB is subject to rejection as non-responsive. DOM reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by DOM of non-responsiveness.

3.4.13 Responsible Contractor

DOM shall contract only with a responsible Contractor or Contractors who possesses the ability to perform successfully under the terms and conditions of the proposed procurement and implementation.

3.4.14 Bid Submission Format

All bids must be submitted as a single, searchable Adobe Acrobat PDF file in SharePoint. The PDF should be in the following format:

Table 1 Bid Submission Format

A cover page is required for each Attachment subsection. The cover page for each subsection of the Bid must include the IFB#, the name of the Bidder and the Attachment title. All information must be presented in the same order and format as described above. The one combined searchable PDF file should be uploaded in SharePoint with the file name:

IFB #, BIDDER’S NAME, Employee Assistance Program For the Minimum Qualifications the header of each page should indicate the corresponding element to which the page is responsive. For instance, if the page is part of the Bidder’s response to Section 1.10.2, Minimum Qualifications, the Header on that page should read as follows:

Addendum 1: Minimum Qualifications, 1.10.2(2) Bidder Licenses and Certifications Headers should be aligned with the right-hand margin of the page. Each page of the bid and all attachments shall be numbered and appear in the footer of each page, centered. Except for third party printed materials that cannot be edited.

For the Additional Supporting Documentation attachment subsection, use the same header format as above; however, include on the second line the title of document provided. For all other attachments (such as Attachment A, Bid Cover Sheet), include the required documents behind the appropriate cover page for that attachment.

At the end of each response to an element by the Bidder, the Bidder should type “[END OF RESPONSE]” and leave the remainder of the page blank, beginning the response to the next element on the next page. For instance, at the end of the Bidder’s response to Addendum 1: Minimum Requirements, 1.10.2(1.a.): Bidder Experience Requirement, the Bidder should type [END OF RESPONSE] at the end of that page, then begin its answer for Addendum 1: Minimum Requirement, 1.10.1(1.b.): References, on the next page.

Failure to submit a bid on the bid form provided may be considered just cause for rejection. Modifications or additions to any portion of the procurement document may be cause for rejection. DOM reserves the right to decide on a case-by-case basis, whether to reject a bid with modifications or additions as non-responsive. As a precondition to bid acceptance, DOM may request the Bidder to withdraw or modify those portions of the bid deemed non-responsive that do not affect quality, quantity, price, or delivery of the service.

Electronic files shall not be password protected and shall be capable of being copied to other media including Microsoft Word or Adobe Acrobat.

Once Bidders have uploaded their files to SharePoint, they may ask DOM to verify…