MK26-31 WIC Compliance Buys and Private Investigations

The State of Utah Division of Purchasing, conducting procurement on behalf of the Department of Health and Human Services, is requesting statements of qualifications for undercover compliance investigations of WIC vendors, with qualifications due July 7, 2026. This is an RFSQ under Utah Procurement Code 63G-6a Part 15 for Design Professional Service Providers; pricing must not be included in submissions, and the highest-ranked vendor will be selected to negotiate compensation at fair and reasonable rates determined through negotiation.

Vendors must meet three mandatory minimum requirements to advance: demonstrated experience as a secret shopper or covert investigator; submission of at least two completed performance or professional references on the provided form; and a technical response documenting private investigative and secret shopper experience. The evaluation encompasses five technical criteria, each weighted at 20 percent of total score: investigator qualifications and vetting processes; covert procedures and evidence collection methodology; safe food handling and donation protocols; reporting accuracy and timeliness; and schedule adherence and fair hearing capacity. Proposals must achieve a minimum of 700 points (70 percent) to meet the required threshold.

The scope requires conducting 15–25 undercover compliance investigations annually at WIC-authorized vendors, covering approximately 5% of all authorized vendors. Each vendor receives two to three compliance purchases by trained investigators testing fraud scenarios including non-food item purchases, cash exchanges, and unauthorized quantities. Investigators must be at least 18 years old with no criminal convictions, document all store conditions and transactions, photograph items and storefronts, and donate all purchased items to local food banks within 24 hours with donation receipts included in reports. The contractor must submit original compliance investigation reports within five working days of each purchase and ensure investigator availability to testify at fair hearings. All investigations must be completed by August 31st annually. The contractor must maintain commercial general liability insurance of $1 million per occurrence and $3 million aggregate and comply with HIPAA, HITECH Act, and federal Uniform Guidance requirements. The contractor is prohibited from using state data in generative AI applications without prior written permission.

The contract term is five years with an option for a five-year renewal. If the highest-ranked vendor and the state cannot reach fair and reasonable compensation agreement, the state may negotiate with the next highest-ranked vendor.