MSDH WIC IFB RFX 3160007406.pdf

SOLICITATION:

SOLICITATION

NUMBER:

DESCRIPTION:

ISSUE DATE:

Invitation for Bids

RFx No. 3160007406

WIC Infant Formula Rebate

Tuesday, May 20, 2025

BID CLOSING

LOCATION:

Mississippi State Department of Health 570 E. Woodrow Wilson Jackson, Mississippi 39216

BID COORDINATOR: Dorthy Young, PhD., MHSA, CMPA or Hannah Wright Telephone: 601.576.7954 Email: procurement@msdh.ms.gov

OPENING DATE AND

TIME:

Friday, June 13, 2025, by 1:00PM CST mailto:procurement@msdh.ms.gov

MSDH WIC Infant Formula Rebate—2025 Page 2 of 49

SECTION 1. INTRODUCTION AND OVERVIEW

Purpose The Mississippi State Department of Health (hereinafter, “MSDH” “Agency”) issues this Invitation for Bids (IFB) pursuant to the WIC regulations at 7 CFR 246.2 and 246.16a, to obtain a rebate contract with one (1) responsive and responsible bidder offering the lowest total monthly net price for infant formula. MSDH will calculate the lowest net price using the lowest national wholesale cost per unit for a full truckload of infant formula on the date of the bid opening for all physical forms (liquid concentrate, powered, and ready-to feed) of a milk-based iron fortified infant formula which are suitable for routine issuance to the majority of generally healthy, full- term infants (hereinafter referred to as primary milk based infant formula). The infant formula is provided to the Special Supplemental Nutrition Program for Women, Infants, and Children (hereinafter “WIC”) participants by the MSDH WIC Program (hereafter, “MSDH WIC”), through its retail food delivery system.

MSDH seeks to enter into a firm fixed price contract for a period of three (3) years. The contract may be renewed at the discretion of MSDH for an additional two (2), one-year terms. The entire contract term, including renewals, shall not exceed five (5) years. The effective date of this contract will be August 31, 2025.

The awarded rebate shall not be modified nor renegotiated at the time the option to extend is exercised but shall continue in full force and effect for the entire term of this agreement and any extension periods. All term terms and conditions shall remain throughout the contract period including any additional terms. Such renewal shall be contingent upon satisfactory performances as determined by MSDH WIC. Prior to each renewal, any changes agreed upon by both parties shall be confirmed in writing.

Contract extensions must be signed prior to the contract start date.

If the rebate contract is awarded to a different contractor, MSDH will only issue the current contractor holder’s formula for the benefit participation month of August and issue the new contract holder’s formula for the benefit participation of September 2025.

Benefits are issued on a rolling month basis (i.e. First Date To Use (FDTU) 1/24/2025, Last Date To Use (LDTU) 2/23/2025) within the Management Information System (MIS). A local agency can issue monthly, bi-monthly, or tri-monthly benefits to a participant. The State Office MIS team can input the new contract holder’s formula for local agencies to be able to issue for 9/1/2025.

Due to the current contract ending on 8/31/2025, the current formula is set to expire and will not be able to be issued out of the system past 8/31/2025, unless there is a late pickup for the participation month of August. MSDH WIC will issue benefits for the current contract holder’s standard formulas for all benefits issued within the benefit participation month of August and as such will request rebates on these formulas at the current contract rate. Please note that due to the

MSDH WIC Infant Formula Rebate—2025 Page 3 of 49 benefit's rolling month cycle; if a participant's FDTU is in August, it is a great possibility that the formula for the current rebate contract will not be redeemed until September.

If the current contract holder is the winning bidder for this solicitation process, billing will continue as usual through August, and the new rates will apply to the September billing cycle.

This IFB and any resulting contract shall be governed by the applicable provisions of the Mississippi Public Procurement Review Board (PPRB) Office of Purchasing, Travel, and Fleet Management (OPTFM), a copy of Mississippi Procurement Manual is available at 501 North West Street, 701 Woolfolk Building Suite A, Jackson, Mississippi 39201 for inspection or at https://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/bureau-of-purchasing-and-contracting/procurement-manual/. This contract shall not be binding upon the parties until it is approved by the Mississippi Public Procurement Board (PPRB).

A copy of this IFB, including all appendices and attachments, and any subsequent amendments, including the Question and Answer amendment, if issued, will be posted to the MSDH website at https://www.msdh.ms.govin the lower left corner under the heading Agency and Procurements/Grants. It is the responsibility of all interested vendors to monitor the website for updates regarding this procurement.

Before the award of any contract, the offeror will be required to document to MSDH that it has the necessary capabilities to provide the obligations specified in this IFB. The offeror may also be required to provide additional client references, as well as related project experience detail in order to satisfy MSDH that the offeror is qualified. MSDH may make reasonable investigations, as it deems necessary and proper, to determine the ability of the offeror to perform the work, and the vendor shall be required to furnish to MSDH all information that may be requested for this purpose. MSDH reserves the right to reject any bids if the offeror fails to provide the requested information and/or fails to satisfy MSDH that the offeror is properly qualified to carry out the obligations of the contract described in this IFB.

Vendors submitting bids that are rejected will be notified of the rejection and the reason.

The contract award will be made to a vendor who meets the qualifications in accordance with the IFB.

Bid Submission Requirements The original and one (1) copy of the Bid, two (2) copies total, shall be submitted with each section components of the IFB clearly tabbed as follows:

1. Appendix A-- Bid Cover Sheet with copy of all required license(s) or permit(s).

2. Appendix B-- WIC Electronic Rebate Bid Sheet

3. Appendix B-1-- WIC Rebate Bid Sheet Continued

4. Appendix C-- Certifications Regarding Contingencies and Gratuities

5. Appendix D-- Certifications and Disclosures Requirements Related to Lobbying

6. Appendix E-- Certifications regarding Debarment and Suspension

7. Signed Acknowledgment of Amendments (if any).

In addition, a jump drive with the documents as labeled above must be submitted with your documentation.

https://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/bureau-of-purchasing-and-contracting/procurement-manual/ https://www.dfa.ms.gov/dfa-offices/purchasing-travel-and-fleet-management/bureau-of-purchasing-and-contracting/procurement-manual/

MSDH WIC Infant Formula Rebate—2025 Page 4 of 49

While, it is requested that bidders also submit a bid on-line in the State of Mississippi electronic procurement system, the State of Mississippi’s Accountability System for Governmental Information and Collaboration (MAGIC), however, it is not mandatory. In order to submit electronic bids, bidders must be registered as a vendor in MAGIC system and have an I.D. number and password assigned at the time of registration. Registering as a supplier with the State of Mississippi allows businesses to register for upcoming RFx opportunity notifications by the products they supply, search the system for upcoming RFxs, respond to RFxs electronically, and receive purchase orders by email. In order to register, please go to the following website:

http://www.DFA.ms.gov/DFA-offices/mmrs/mississippi-suppliers-vendors/supplier-self-service/.

Technical assistance may be found at http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/.

If submitting via MAGIC, the documents are required in electronic format If a bidder submits both a paper bid and an on-line bid, the paper bid will take precedence if there is a discrepancy between the two.

Confidential Information: If the Bid contains confidential information, a redacted copy of the Bid shall be submitted. If a redacted copy is not submitted, MSDH shall consider the entire Bid to be public record. Any redacted copies should be submitted on a CD-R in a single, searchable document in Microsoft Word or Adobe Acrobat (PDF) format. The CD-R shall be clearly labeled “REDACTED COPY”. The redacted copy should also identify which section or information has been redacted and the Bidder shall provide the specific statutory authority for the exemption. Per Mississippi Code Annotated §25-61-9(7), the type of service to be provided, the price to be paid and the term of the contract cannot be deemed confidential.

The redacted copy shall be considered public record and immediately released, without notification to Bidder, 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. Redacted copies shall also be used/released for any reason deemed necessary by MSDH, including but not limited to, submission to the PPRB, posting to the Transparency Mississippi website, etc.

Modifications or additions to any portion of the procurement document may be cause for rejection of the bid. MSDH 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, MSDH 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. The IFB issued by MSDH is the official version and will supersede any conflicting IFB language subsequently submitted in bids.

All documentation submitted in response to this IFB and any subsequent requests for information pertaining to this IFB shall become the property of MSDH and will not be returned to the Bidder.

Failure to provide all requested information in the required format may result in disqualification of the bid. MSDH has no obligation to locate or acknowledge any information in the bid that is not presented under the appropriate outline and/or in the proper location according to the instructions http://www.dfa.ms.gov/DFA-offices/mmrs/mississippi-suppliers-vendors/supplier-self-service/ http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/

MSDH WIC Infant Formula Rebate—2025 Page 5 of 49 herein.

Electronic bids submitted through MAGIC shall follow the same format as specified within this section.

Bids must be submitted in writing using the attached forms to the following address:

Mississippi State Department of Health Purchasing Department Attention: Dorthy Young, PhD., MHSA, CMPA

Central Office – 4th Floor Procurement Office 570 East Woodrow Wilson Jackson, MS 39216

OR

P.O. Box 1700 Jackson, MS 39215-1700

To prevent opening by unauthorized individuals, the bid, including any and all attachments, must be sealed in one package. The outside cover of the package containing the sealed bids shall be labeled:

BID – DO NOT OPEN

RFx # 3160007406 Bid Due: Friday, June 13, 2025, 10:00AM CST Bid Opening: Friday, June 13, 2025, 1:00PM CST

Prior to the IFB due date and time, bids may be Hand Delivered to the agency between the hours of 8:00 A.M. and 5:00 P.M. CST. Entry may be obtained at the Visitor’s entrance of the Mississippi State Department of Health, Osborne Building, 570 E. Woodrow Wilson, Jackson, Mississippi 39216. A receptionist will be on duty to receive the bids, will write the date and time of the delivery, and forward to the addressee on the envelope/package.

Each page of the bid form and all attachments shall be identified with the name of the Bidder.

Failure to submit a bid on the bid form provided may be considered just cause for rejection of the bid.

The Bidder is responsible for ensuring that the sealed bid is delivered by the required time and to the required location and assumes all risks of delivery. A facsimile bid shall not be accepted. Each bid should be signed by an official authorized to bind the Bidder to the bid provisions. Bids and modifications thereof received by MSDH after the time set for receipt or any location other than that set forth above shall be considered late and shall not be considered for award.

Sealed bids are stored in a secure designated area in the office of the Chief Procurement Officer.

MSDH WIC Infant Formula Rebate—2025 Page 6 of 49

Online bids are not accessed until the bid opening. Electronic bids will be opened on a computer during the bid opening.

1.2.1 Bid Submission Period

Sealed bids shall be submitted to MSDH no later than Friday, June 13, 2025, at 10:00AM CST. Timely submission of the bid package is the responsibility of the Bidder. Any bid received after the deadline will be considered late and will be rejected and returned to the Bidder unopened and will not be considered for award. The Bidder shall be notified as soon as practicable if their bid was rejected and the reason for such rejection.

It is suggested that if a bid is mailed to MSDH, it should be posted in certified mail with a return receipt requested. A bid received at the place designated in the solicitation for receipt of bids after the exact time specified for receipt shall not be considered unless it is the only bid received, or it is received before award is made and was sent by registered mail no later than the fifth (5th) calendar day before the date specified for receipt of bids. If determined by MSDH that the late receipt was due solely to mishandling by MSDH after receipt at the specified address, the bid may be considered for award.

The only acceptable evidence to establish the date of mailing is the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark does not show a legible date, the contents of the envelope or package shall be processed as if mailed late.

“Postmark” means a printed, stamped, or otherwise placed impression, exclusive of a postage meter impression, that is readily identifiable without further action as having been supplied and affixed by the U.S. Postal Service on the date of mailing. Bidders should request postal clerks to place a hand cancellation postmark (often called a bull’s eye) on both the receipt and the envelope or wrapper. MSDH will not be responsible for mail delays or lost mail.

Public Opening MSDH will hold a public opening of sealed bids at Friday, June 13, 2025 at 1:00PM CST. The bids shall be opened in a designated conference room and read aloud. Due to the COVID-19 pandemic, bidders are invited to attend via Zoom. A link for the opening will be posted on the MSDH Calendar of Events under the Information heading at the left-hand bottom of the MSDH webpage. Please check the calendar of events two days before the bid opening. If you have difficulty locating the link, please contact Dorthy Young at least 24 hours before the set date and time of the opening.

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1.4 Schedule of Important Dates

EVENT

DATE/ TIME (Central Standard Time

Publish Invitation for Bid

Tuesday, May 20, 2025 Tuesday, May 27, 2025

Deadline for Written Questions Tuesday, May 27, 2025, by 10:00 AM

*MSDH Response Published Thursday, May 30, 2025

Deadline for Bids Friday, June 13, 2025, by 10:00am CST

Public Bid Opening Friday, June 13, 2025, by 1:00pm CST

*Notice of Intent to Award Published Monday, June 16, 2025

*Request for Reconsideration Wednesday, June 25, 2025

*PPRB submission deadline Wednesday, July 2, 2025

*PPRB approval meeting

Notice of Contract Award

Wednesday, August 6, 2025

NOTE: Adjustments to the schedule may be made as deemed necessary by MSDH.

* Indicates Anticipated dates. Anticipated dates are not firm. Bidders should monitor the MSDH website for information or publication of these events.

1.5. Questions and Answers

MSDH reserves the right to amend this IFB at any time. Should an amendment to the IFB be issued, it will be posted on the Mississippi Contract/Procurement Opportunity Search Portal website and the agency's website at http://www.msdh.ms.gov under the “Procurements/Grants.

Bidders must acknowledge receipt of any amendment to the IFB by signing and returning the amendment. The acknowledgment must be included in the bid submission.

Bidders must carefully review this solicitation, the contract, risk management provisions, and all attachments for defects, questionable, or objectionable material. Following review, vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the questions and requests for clarifications, vendors shall submit any such question via email by the deadline reflected in the Schedule of Events.

All questions and requests for clarifications must be directed by email to the bid coordinator:

http://www.msdh.ms.gov/

MSDH WIC Infant Formula Rebate—2025 Page 8 of 49

Dorthy Young, PhD., MHSA, CMPA or Hannah Wright Procurement Coordinators Telephone: 601.576.7954 E-mail: procurement @msdh.ms.gov

Vendors should enter “WIC Rebate IFB RFx # 3160007406 - Questions” as the subject for the email. Question submittals should include a reference to the applicable IFB section and be submitted in the format shown below:

IFB Section, Page Number

Vendor Question/Request for Clarification

1.

Official responses will be provided only for questions submitted as described above and only to clarify information already included in the IFB. The identity of the organization submitting the question(s) will not be revealed. The agency is not required to provide responses to questions or requests submitted in a format other than as described herein.

Questions must be received no later than Tuesday, May 27, 2025, by 10:00 AM CST, to ensure a response by MSDH. Question received after this date and time may not be considered for response and there is no guarantee as to if or when a response will be provided.

All timely questions and answers will be published on the agency's website at http://www.msdh.ms.gov under the “Procurements/Grants as an amendment to the IFB. MSDH will not be bound by any verbal or written information that is not contained within this IFB unless formally noticed and issued by the contact person as an IFB amendment. Bidders are cautioned that any statements made by agency personnel that materially change any portion of the bid document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document.

1.6 Acknowledgment of Amendments

MSDH reserves the right to amend this IFB at any time. Should an amendment to the IFB be issued, it will be posted on the agency's website at http://www.msdh.ms.gov under “Procurements/Grants. Bidders must acknowledge receipt of any amendment to the IFB by signing and returning the acknowledgment form. The acknowledgment form must be included in the bid submission.

Please monitor the website for amendments to the IFB. MSDH responses to questions will be treated as amendments to the IFB and will require acknowledgment. It is the bidder’s responsibility to monitor the websites for any updates or amendments to the IFB. However, amendments shall be sent to all prospective bidders known to have received an Invitation for Bids by email. Amendments will be distributed within a reasonable time to allow prospective bidders to mailto:Jennifer.Dotson@msdh.ms.gov

MSDH WIC Infant Formula Rebate—2025 Page 9 of 49 consider them in preparing their bids. If the time and date set for receipt of bids will not permit such preparation, such time shall be increased, to the extent possible, either in the amendment or, if necessary, by electronic means (email), facsimile, or telephone and then confirmed in the amendment.

The IFB is comprised of the base IFB document, any attachments, any amendments issued prior to the submission deadline, and any other documents released before contract award.

1.7 Cost of Bid Preparation

All costs incurred by the Bidder in preparing and delivering its bid, making presentations, and any subsequent time and travel to meet with MSDH regarding its bid shall be borne exclusively at the Bidder’s expense.

1.8 Right to Reject, Cancel and/or Issue Another IFB

MSDH specifically reserves the right, in the best interest of the State and in accordance with PPRB Rules and Regulation, to reject any or all bids received in response to this IFB, cancel the IFB in its entirety, and/or issue another IFB.

1.9 Registration with Mississippi Secretary of State

By submitting a bid, the Bidder certifies that it is registered to do business in the State of Mississippi as prescribed by Mississippi law and the Mississippi Secretary of State or, if not already registered, that it will do so within seven (7) business days of being notified by the MSDH that it has been awarded a contract.

1.10 Debarment

By submitting a bid, the Bidder certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi or Federal government and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Mississippi.

1.11 Right to Consider Historical Information

MSDH reserves the right to consider historical information regarding the Bidder, whether gained from the Bidder’s bid, conferences with the Bidder, references, or any other source during the evaluation process. This may include, but is not limited to, information from any state or federal regulatory entity.

MSDH WIC Infant Formula Rebate—2025 Page 10 of 49

1.12 Documentation of Award

Upon the determination of the lowest cost bid, a written Notice of Intent to Award will be issued.

The notice of intended contract award shall be made by e-mail with reply confirmation to the winning Bidder. Unsuccessful Bidders shall be notified in the same manner after the award has been accepted or declined. The Notice of Intent to Award will also be posted to the MSDH website and the Mississippi Contract/Procurement Opportunity Search Portal.

1.13 Contract Formation

Upon award of this bid, specifications, terms and conditions, certifications, and requirements as set forth in this IFB, amendments, written clarifications and vendor bid response(s) shall become a contract binding on the successful bidder. Any documents submitted to satisfy a requirement of this bid shall become part of the agreement between MSDH and the successful bidder. MSDH shall have the right to rely upon the documents submitted by the successful bidder.

The contract term will be for the period of August 31, 2025, through August 30, 2028. The contract may be extended for two (2) additional one (1) year terms at the discretion of MSDH.

1.14 State Approval

It is understood that this contract may require approval by the PPRB. If required and if this contract is not approved, it is void and no payment shall be made hereunder. Every effort shall be made by MSDH to facilitate rapid approval and a start date consistent with the proposed schedule.

SECTION 2. SCOPE OF BID

MSDH intends to contract with one manufacturer whose iron-fortified, milk and soy- based infant formulas will be the contract brand infant formula issued on eWIC benefits. Iron-fortified formula shall be complete;

not requiring the addition of any ingredients other than water prior to being served in a liquid state. Infant formulas shall contain at least 10 milligrams of iron per liter of infant formula at standard dilution which supplies 67 kilocalories per 100 milliliters, i.e., approximately 20 kilocalories per fluid ounce of infant formula at standard dilution (except as specified in 246.10(d) when medical documentation is required or if related waivers are obtained). The formula for which the bid is submitted must be suitable for the routine issuance to the majority of generally healthy, full-term infants. MSDH will use the primary contract infant formula(s) as the first choice of issuance (by physical form), with all other infant formulas issued as an alternative. MSDH may approve for issuance some, none, or all of the winning bidder’s infant formula in compliance with 7 CFR 246.16a(c)(9).

“Infant formula” is defined as any formula in the manufacturer’s product line that: 1) complies with the Infant Formula Act of 1980 as amended which defines “infant formula” as “a food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk”; and

2) meets the definition of an infant formula in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)) and meets the requirements for an infant formula under section 412

MSDH WIC Infant Formula Rebate—2025 Page 11 of 49 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and the regulations at 21 C.F.R parts 106 and 107.

MSDH has the discretion to obtain waivers, and upon notifying the contract holder, will implement these waivers immediately.

2.1 Manufacturer Requirements

The Successful Bidder will be responsible for meeting the following requirements and responsibilities:

1. Bidder must be an infant formula manufacturer registered with the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321 et seq.), and its products are in compliance with Federal regulations issued pursuant to Public Law 100-237.

2. Manufacturer must comply with the Department of Agriculture (USDA) Food and Nutrition Service (FNS) Instruction 800-2 dated June 2, 1992, and WIC Policy Memorandum #2009-1 dated December 31, 2008, which restricts the usage of the WIC acronym and logo. The following are provisions for “use of WIC Service Marks”:

(a) Manufacturer acknowledges that the WIC Acronym and the WIC Logo are service marks owned by the USDA, and that all rights therein and goodwill pertaining thereto belong exclusively to USDA.

(b) Manufacturer shall not use these service marks in any manner on its goods or their containers or packaging or on tags or labels affixed thereto. Manufacturer also shall not use the WIC Logo in advertising or other promotional materials (collectively: “advertising”).

(c) Manufacturer shall not use the WIC Acronym in advertising in any manner that is likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of Manufacturer with the WIC Program, or as to the sponsorship or approval of Manufacturer’s goods, services, advertising, or commercial activities, including nutritional message (s), by the WIC Program, USDA, or the State agency.

3. Any manufacturer that does not produce a soy-based infant formula must sub-contract with another manufacturer to supply a soy-based infant formula. In this case, Contractor is required to pay MSDH a rebate on the soy-based formula supplied by the subcontractor per 7 C.F.R. 246.16a(c)(2)(i) .

4. Manufacturer certifies all items quoted represent the products of the manufacturer.

5. Any price increase or decrease of the manufacturer’s lowest national wholesale prices for a full truckload of infant formula after the bid is opened, will automatically adjust the rebate amounts per unit by the same amount cent for cent. The manufacturer shall agree that the rebate amount will adjust in the same amount (cent for cent) as the difference between the manufacturer’s lowest national wholesale prices per unit for a full truckload and the base wholesale price on the first day of each month covered by the contract. The cent for cent increase will become effective on the first day of the month following the

MSDH WIC Infant Formula Rebate—2025 Page 12 of 49 effective date of the price increase for all formula purchased. The same adjustment will be made for decreases in wholesale price. Manufacturers must provide in writing, to include a new wholesale price catalog, to MSDH WIC changes in the per unit rebate amount within thirty (30) days of the effective date of the price change. These changes will be made effective in MSDH WIC’s rebate invoice for eWIC benefits issued and redeemed on or after the first day of the month following the 30-day notification period.

Price is not confidential pursuant to Mississippi Code Annotated § 25- 61-9.

6. A rebate must be paid on all formula in the manufacturer’s infant formula product line (excluding exempt infant formula) that the State agency chooses to issue, including any existing and new infant formula introduced during the term of the contract. If a new infant formula is introduced to take the place of the primary contract brand infant formula, the manufacturer must pay a rebate that yields the same net cost per ounce as the original primary contract brand infant formula. The rebate to be paid on all other infant formula must yield the same percentage discount as the corresponding physical form of the primary contract infant formula for which bids were solicited. The rebate for infant formula added to the contract after the start date (new and existing) will be calculated using the wholesale truckload price of the formula at the time the formula is approved for issuance by the State agency. Rebates will be adjusted as specified in the above paragraph.

If the manufacturer discontinues production of the primary contract brand infant formula, the manufacturer must provide a rebate that yields the same net cost per ounce for the replacement primary contract brand infant formula.

7. In the event the manufacturer cannot provide the contract brand infant formula, a rebate must be paid on non-contract infant formulas from any manufacturer that meet the definition of infant formula per 7 CFR 246.2 that yields the same net cost per ounce as the formulas in any size, type, or physical form. This includes but is not limited to supply chain disruptions, recalls, or emergency periods according to the Access to Baby Formula Act (ABFA) and/or under any approved applicable waivers. In these instances, medical documentation is not required, with the exception of participants receiving Food Package III as defined in section 246.10(e)(3). Infant formula may be issued in all unit sizes that may exceed the maximum monthly allowance.

An approved waiver is required before MSDH WIC can operationalize the remedies and must be implemented within the active waiver’s timeframe to remain in compliance with Program requirements.

Substitution decisions will be determined by the circumstances of the unavailability of the contract brand infant formula and the needs of participants and the MSDH WIC Program at the time of the unavailability, in order to enable MSDH WIC to meet its obligations under the federal regulations.

MSDH must be provided with an action plan within two (2) weeks of the incident to meet infant formula demand. This plan must include a timeline, supply data, and course of action for affected jurisdictions. Status updates must be provided weekly until the incident is resolved.

Rebates for contract brand infant formulas, other than the primary contract infant formula(s) for which bids were received, must be calculated by first determining the

MSDH WIC Infant Formula Rebate—2025 Page 13 of 49 percentage discount for each physical form (e.g., concentrated liquid, powered, and ready-to-feed) of the primary contract infant formula(s). The percentage discount must be calculated by dividing the rebate for the primary contract infant formula by the manufacturer’s lowest national wholesale price per unit, as of the date of the bid opening, for a full truckload of the primary contract infant formula. The percentage discounts must be used to determine the rebate for all other contract brand infant formulas approved for issuance by MSDH.

8. The manufacturer shall have a current retail distribution network established in the State of Mississippi and guarantee that sufficient quantities of the rebate formulas will be available to major wholesalers and approximately 298 authorized WIC vendors statewide to meet WIC’s need. There are no WIC only (above 50% vendors) authorized in Mississippi.

9. The manufacturer shall provide MSDH WIC advance notification, not less than ninety (90) days, of any changes in labels, unit size, and/or reformulation of infant formula. Due to the impact on an EBT system, products that change both size and yield must change the Universal Product Code (UPC) or the manufacturer must work with MSDH WIC to reset the authorized WIC vendors’ shelves and wholesalers’ inventory.

10. The manufacturer will allow MSDH WIC to immediately implement approved waivers to support WIC outreach, innovation, and/or modernization.

11. The manufacturer will comply with all contract provisions required by MSDH WIC.

12. The bidder shall be in compliance with Mississippi Code Annotated §79-4-15.01, Authority to transact business.

2.2 MSDH WIC Requirements

MSDH WIC will be responsible for meeting the following requirements and responsibilities:

1. MSDH WIC will issue infant formula in accordance with §246.10(e)(1) through (e)(3) and (e)(9), of the WIC Program regulations. In addition, the State agency will, if necessary to provide the full nutritional benefit (FNB), use the methodology outlined in §246.10(h) in the WIC Program regulations when issuing infant formula

2. Pursuant to 7 C.F.R. 246.10(e)(1)(iv), MSDH WIC will issue infant formula in concentrated liquid or powder physical forms. Ready-to-feed WIC infant formulas may be authorized when the competent professional authority determines and documents that the participant's household has an unsanitary or restricted water supply or poor refrigeration;

the person caring for the participant may have difficulty in correctly diluting concentrated or powder forms; or the WIC infant formula is only available in ready-to-feed.Per 7 C.F.R.246.10(b)(1)(ii) this may include making food package adjustments to better accommodate homeless participants. These optional adjustments may include, but not be limited to issuing authorized supplemental foods in individual serving-size containers to accommodate lack of food storage or preparation facilities. MSDH WIC will also employ, at the State agency discretion, the two additional conditions which may be used to issue

MSDH WIC Infant Formula Rebate—2025 Page 14 of 49

RTF in Food Package III: if a ready-to-feed form better accommodates the participant’s condition; or if it improves the participant’s compliance in consuming the prescribed WIC formula. C.F.R 246.10(e)(3)(iii) 7 C.F.R 246.10(B)(1)(ii) .

MSDH WIC will issue a monthly rebate invoice. Payment due to MSDH WIC shall be based on the number of units redeemed during the current billing period. No partial redemption factor will be applied.

3. The base price per unit is established upon submission of the bid to MSDH WIC. MSDH WIC will calculate the lowest monthly net price using the lowest national wholesale price per unit for a full truckload of the infant formula on the date of the bid opening. The rebate to be paid on all other contract brand infant formula, to include new formula, must yield the same percentage discount as the corresponding physical form of the primary contract brand infant formula for which bids were solicited. Meaning the discount established at the beginning of the contract (by physical form), is used to calculate the rebate for infant formula (new and existing) added to the contract subsequent to the initiation of the contract per 246. l 6a(c)(7)(i-iii)).

4. Rebates for contract brand infant formulas, other than the primary contract infant formula(s) for which bids were received, must be calculated by first determining the percentage discount for each physical form (e.g., concentrated liquid, powered, and ready-to-feed) of the primary contract infant formula(s). The percentage discount must be calculated by dividing the rebate for the primary contract infant formula by the manufacturer’s lowest national wholesale price per unit, as of the date of the bid opening, for a full truckload of the primary contract infant formula. The percentage discounts must be used to determine the rebate for all other contract brand infant formulas approved for issuance by MSDH.

5. The rebate for each type and form of all other contract brand infant formulas must be calculated by multiplying the percentage discount by the manufacturer’s lowest national wholesale price per unit, as of the date of the bid opening, for a full truckload of the other contract brand infant formula. The percentage discount used for each of the other contract brand infant formulas depends on the physical form of the infant formula. For example, if the percentage discount provided for the primary contract brand powdered infant formula is 80 percent of its wholesale price, the same percentage discount must be applied to all other contract brand powdered infant formulas. The rebate for any type or forms of contract brand infant formulas that are introduced during the contact period must be calculated using the wholesale prices of these new contract brand infant formulas at the time the infant formulas are approved for issuance by MSDH.

6. Rebates resulting from the application from the percentage discount must remain the same throughout the contract period except for the cent-for-cent rebate adjustments required in 7 C.F.R. 246.16a(c)(7)(iv).

7. MSDH WIC shall notify all local and private agencies, retailers, and physicians of any change to the rebate brand of formulas and shall monitor for retail compliance.

8. MSDH WIC shall supply the manufacturer with the number of current infant participants, excluding infants that are solely breastfed and infants that are issued exempt infant

MSDH WIC Infant Formula Rebate—2025 Page 15 of 49 formula. The manufacturer may not have access to any records identifying participants by name and/or address.

9. MSDH WIC shall also supply the manufacturer a list of authorized grocers/vendors. The manufacturer will have access to the vendor’s name, address, website, email address, and store type.

10. It is MSDH WIC policy as outlined in vendor agreements that no refunds or exchanges for items paid with eWIC are allowed unless such exchange is for an identical food which is defective, spoiled, outdated, or a federal waiver is in place.

11. MSDH will monitor vendors in accordance with 7 C.F.R.246.12(j) and will meet all documentation requirements therein.

Inventory audits are performed as part of the vendor compliance investigation process.

Infant formula is not a mandatory item for inclusion in inventory audits. However, based on monitoring visits and participant complaints, infant formula may be included in inventory audits.

If the State Agency determines that the vendor has redeemed more of the specific foods than they can provide inventory documentation for, the State Agency will provide the vendor with one opportunity to provide any additional receipts or justification for the discrepancy. If the vendor is unable to fully justify the discrepancy, the State Agency will initiate appropriate vendor sanctions and claims.

Bid solicitations and awards must be in compliance with 7 C.F.R.246.16a(c)(5) of the WIC Regulations. There are no provisions to prevent manufacturers of infant formula that meet the requirements of the bid from competing in the bid process. All bidders must register with the Mississippi Department of Finance and Administration at http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/. All bids are sealed until the specified opening date and time.

2.3 Purchase of Formulas with Medical Documentation

In compliance with 7 CFR 246.10(d)(1) MSDH WIC requires medical documentation for the issuance of the following supplemental foods:

1. Any non-contract brand infant formula, except as allowed under any applicable waivers;

2. Any infant formula prescribed to an infant, child, or adult who receives Food Package III, except as allowed under any applicable waivers;

3. Any exempt infant formula, except as allowed under any applicable waivers;

4. Any WIC-eligible nutritional, except as allowed under any applicable waivers;

5. Any authorized supplemental food issued to participants who receive Food Package III, except as allowed under any applicable waivers;

6. Any contract brand infant formula that does not meet the requirements in 7 CFR

246.10(e)(12), except as allowed under any applicable waivers.

These are allowed in accordance with MSDH WIC policy requiring completion of MSDH WIC’s medical formula request form.

MSDH WIC Infant Formula Rebate—2025 Page 16 of 49

As outlined at 7 C.F.R. 246.16a(c)(9), MSDH WIC may choose to require medical documentation before issuing any contract brand infant formula.

MSDH WIC does not allow local agencies to issue non-contract brand infant formula to meet religious eating patterns.

2.4 Confidentiality of Applicants, Participants and Vendors

1. Confidentiality of WIC Applicant and Participant Information Confidential applicant and participant information is any information about an applicant or participant, whether it is obtained from the applicant or participant, another source, or generated as a result of WIC application, certification, or participation, that individually identifies an applicant or participant and/or family members(s) Applicant or participant information is confidential, regardless of the original source and exclusive of previously applicable confidentiality provided in accordance with other Federal, State or local law.

Except as permitted by 7 CFR 246.26, MSDH must restrict the use and disclosure of confidential applicant and participant information to persons directly connected with the administration or enforcement of the WIC Program whom MSDH determines have a need to know the information for WIC Program purposes.

2. Confidentiality of Vendor Information

Confidential vendor information is any information about a vendor (whether it is obtained from the vendor or another source) that individually identifies the vendor except for vendor’s name, address, telephone number, website/email address, store type, and authorization status. MSDH will restrict the use and disclosure of confidential vendor information except as otherwise permitted by 7 CFR 246.26(e).

2.5 Monthly of Invoice Remittance

Manufacturer will be required to pay MSDH rebate based on monthly invoices remitted to the manufacturer by MSDH WIC. M S D H W I C w i l l b e i n v o i c i n g a n d b i l l i n g r e b a t e s u s i n g a c t u a l c o u n t s o f t h e n u m b e r o f u n i t s p u r c h a s e d b y W I C p a r t i c i p a n t . MSDH WIC will submit monthly invoices as follows:

1. Electronic Benefit Issuance MSDH WIC shall issue a monthly invoice (Appendix B) for the number of units redeemed (purchased) during the previous month.

2. MSDH WIC shall calculate monthly the rebate due in the following manner:

a. Multiply the units of manufacturer’s formula redeemed (purchased) by the rebate amounts to arrive at the invoice amount to be remitted to the MS Department of Health/WIC Program for the billing month. All redemptions of manufacturer’s

MSDH WIC Infant Formula Rebate—2025 Page 17 of 49 infant formula will be included (infants, children, and women).

MSDH will not issue quantities of infant formula in excess of the monthly maximums prescribed by the federal law for each WIC participant.

b. Contractor is expected to pay rebates on all infant formula issued in accordance with federal WIC regulations. Redeemed food benefit data will be obtained through EBT processor and SPIRIT (MIS system).

c. MSDH WIC will provide redemption data which will include:

1. Food Instrument Number;

2. Food Package Identifier;

3. Product Name

4. Number of Units Authorized to Purchase;

5. Effective Date of Food Instrument (FDU);

6. Redemption Date;

7. Redemption Amount

3. Contractor will receive only records that have direct linkage to monthly billing and which directly support the number of units on the rebate invoice.

4. No partial redemption factor will be applied.

2.6 Payment Procedures

On a monthly basis, MSDH WIC shall issue a formula rebate invoice by midmonth. Payment due to MSDH WIC shall be based on the number of units redeemed during the previous month.

The following steps outline the procedures for payment:

5. Contractor must pay invoice within thirty (30) days of receipt. Payment must be paid by means of an electronic funds transfer. Late payment of monthly invoice amount will result in manufacturer paying interest penalties to MSDH WIC in the amount of 1% per month prorated daily of the invoiced amount. The MSDH WIC Program will use all funds received from the invoiced billings for food costs per WIC Regulations 7 CFR 246.15.

6. Contractor must notify MSDH of any dispute or error in rebate invoice within 90 days. If contractor misses the deadline, any requirement to return funds to the manufacturer as a result of a dispute or over a billing error is waived.

7. All disputes must be settled by December 31st following the end of the Federal Fiscal Year in which the dispute occurred.

8. The manufacturer shall not withhold any rebate payments under any circumstances.

9. If an over billing error occurs, MSDH WIC must make every effort to validate.

10. Upon resolution of the dispute, the MSDH WIC will reduce future billing by the amount determined to be owed.

11. MSDH and the Contractor must meet as often as necessary, to review progress and performance of the contract. During these meetings any concerns regarding billing procedures must be addressed. The manufacturer is responsible for meeting via phone or in person on a quarterly basis with MSDH WIC to discuss products as well as any issues regarding billing procedures.

12. The Contractor will be allowed to audit records in accordance with the contract and/or in accordance with any applicable WIC regulations, state, or federal law. Public Record Requests are processed in accordance with applicable state law.

SECTION 3. PROCUREMENT METHODOLOGY

3.1 Restrictions on Communications with MSDH Staff

The contact person for this IFB is Dorthy Young, Bid Coordinator. At no time shall any Bidder or its personnel contact, or attempt to contact, any MSDH staff regarding this IFB other than the Bid Coordinator. All correspondence should be sent to Procurement at procurement@msdh.ms.gov and should reference “WIC Rebate IFB RFx 3160007406 ”

3.2 Acceptance of Bids

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

All bids properly submitted will be accepted by MSDH. After review MSDH may request necessary amendments from all Bidders, reject any or all bids received, or cancel this IFB, according to the best interest of MSDH and the State of Mississippi.

3.2.1 Minor Irregularities

MSDH also reserves the right to waive minor irregularities in bids providing such action is in the best interest of MSDH and the State of Mississippi. A minor irregularity is defined as a variation of the IFB which does not affect the price of the bid or give one party an advantage or benefit not enjoyed by other parties, or adversely impact the interest of MSDH.

Where MSDH may waive minor irregularities as determined by MSDH, such waiver shall in no way modify the IFB requirements or excuse the Bidder from full compliance with the IFB specifications and other contract requirements should the Bidder be awarded the contract.

MSDH reserves the right to exclude any and all non-responsive bids from any consideration for contract award. MSDH shall award a firm fixed-price contract to the Bidder whose offer is responsive to the solicitation and is most advantageous to MSDH and the State of Mississippi in price, quality, and other factors considered.

MSDH WIC Infant Formula Rebate—2025 Page 18 of 49 mailto:Jennifer.Dotson@msdh.ms.gov

MSDH WIC Infant Formula Rebate—2025 Page 19 of 49

3.3 Disposition of Bid

The bid submitted by the successful Bidder shall be incorporated into and become part of the resulting contract. All bids received by MSDH shall upon receipt become and remain the property of MSDH. MSDH shall have the right to use all concepts contained in any bid and this right shall not affect the solicitation or rejection of the bid.

3.4 Modification or Withdrawal of a Bid

Prior to the bid due date, a submitted bid may be withdrawn by submitting a written request for its withdrawal to MSDH, signed by the Bidder.

A Bidder may submit an amended bid before the due date for receipt of bids. Such amended bids shall be a complete replacement for a previously submitted bid and shall be clearly identified as such. MSDH shall not merge, collate, or assemble bid materials.

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

Any submitted bid shall remain a valid bid for one hundred eighty (180) calendar days from the bid due date.

3.5 Rejection of Bids

A bid response that includes terms and conditions that do not conform to the terms and conditions specified within this IFB document is subject to rejection as non-responsive. Further, submission of a bid sheet that is not complete and/or signed is subject to rejection as non-responsive. MSDH staff reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its bid response prior to a determination by MSDH staff of non-responsiveness based on the submission of nonconforming terms and conditions. Any bid which is conditioned upon receiving award of both the particular contract being solicited and another Mississippi contract shall be deemed non-responsive and will be rejected.

3.6 Alternate Bids

Each Bidder, its subsidiaries, affiliates, or…