External Medical Review Consulting

MISSISSIPPI DIVISION OF MEDICAID PROCUREMENT

INVITATION FOR BID

IFB #20251031

RFX #3160007625

External Medical Review Consulting

Procurement Contact:

Jeanette Crawford, Procurement Officer

Telephone: 601-359-2664

E-Mail: procurement@medicaid.ms.gov

DOM WELCOMES PARTICIPATION OF MINORITY BUSINESSES

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, and responsible entities to provide DOM Office of Appeals with professional services related to independent external medical reviews for State Fair Hearings and/or State Administrative Hearings. These reviews may include but are not limited to adverse benefit determinations, adverse provider determinations, investigations, and audit conclusions made by Medicaid managed care organizations (MCOs) and/or its subcontractors.

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, along with their implementing regulations. It is also authorized under the provisions of the Mississippi Code of 1972, as amended and pursuant to 42 CFR § 438.402, which sets forth requirements for a state’s Medicaid managed care appeal process, including the provision for independent external medical reviews.

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 individuals with low income and limited resources, 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. 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.”

The selected vendor shall perform such reviews in accordance with all applicable federal and state regulations, including but not limited to 42 CFR §§ 438.400 through 438.424, ensuring timely, impartial, and expert medical determinations that support the integrity and accountability of the state’s appeal process.

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

Date	Process
10/31/2025	Release of Invitation for Bid
11/14/2025	Mandatory Letter of Intent (by 2:00 p.m.)
11/17/2025	Pre-Bid Conference (10:00 a.m.)
11/19/2025	Written Questions Deadline (by 2:00 p.m.)
11/26/2025	Anticipated Date of Posting Written Answers (by 5:00 p.m.)
12/12/2025	Bid Deadline (by 2:00 p.m.)
1/02/2025	Anticipated Date of Notice of Intent to Award
2/04/2026	Public Procurement Review Board meeting date (proposed)
2/09/2026	Anticipated Contract Start

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 IFB Attachment I: Mandatory Letter of Intent via email to: procurement@medicaid.ms.gov .

The Mandatory Letter of Intent is due by Friday, November 14, 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 the deadline listed above will disqualify the 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 Monday, November 17, 2025, 10:00 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 and not an opportunity to ask questions about the IFB.

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 Wednesday, November 19, 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: External Medical Review Consulting 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, Wednesday, November 26, 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, December 12, 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, IFB Attachment I. 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 bid 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 through 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 through 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 Bidder 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 through 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 the Procurement Process

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)

1. Bidder Experience Requirement: Bidder must have a minimum of five (5) years  of experience providing independent external medical review services in the administrative appeals process for a healthcare organization as it relates to the services requested in this IFB.  To demonstrate this expertise, the Bidder must provide a list of past and/or current engagements for which bidder performed similar services.  Failure to provide this information will result in bid disqualification.

2. Bidder Licenses/Certifications: Bidder must warrant that all physicians (the “Medical Providers”) providing medical recommendations and attending hearings possess the necessary licenses and board certifications required to perform the services and will maintain current and valid credentials throughout the duration of the engagement. Each Medical Provider shall be licensed to practice in Mississippi. If a specialty physician is not licensed in Mississippi, a Mississippi licensed physician must review and sign off on the recommendation. The Bidder must provide a list of all participating Medical Providers and attest that they meet these licensure and board certification requirements. The Bidder must also attest that the Medical Providers have the relevant experience in the specialty and detail the number of years of experience. While DOM prefers at least two (2) years of experience, there is no minimum experience requirement for Medical Providers. If a Medical Provider has no prior experience in the specialty area, the Bidder should state ‘None’ or ‘0’ years for that provider.

3. References: From the list of engagements provided at IFB Section 1.10.2 (1), the Bidder shall provide reference contacts for all engagements. The Bidder must use Attachment G, References form and submit as many copies of the form as necessary to provide a reference contact for each engagement. 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.

4. Bidders shall provide written, detailed validation describing Bidder’s ability to meet each of the qualifications and perform the scope of services. (no more than 5 pages)

Bidders must fully respond to each requirement by fully describing the manner and degree by which the bid meets or exceeds these qualifications and providing the required information. 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 Contract Rights

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

1.15 Electronic Access to Materials

The following resources are available online to support the procurement process; however, they are provided solely for informational purposes and do not replace the official requirements set forth in this IFB.

The IFB, any amendments, and IFB Questions and Answers (following official release) will be posted on the Procurement page of DOM’s website at: http://www.medicaid.ms.gov/resources/procurement/

Additional details about services offered through Mississippi Medicaid, along with information about the Division of Medicaid's structure and operations, can also be found on the DOM’s website.

The DOM website, www.medicaid.ms.gov , contains useful resources such as annual reports, provider manuals, and bulletins. 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.

Other helpful links include:

• State of Mississippi website: www.mississippi.gov

• MAGIC system information: portal.magic.ms.gov
Mississippi’s Accountability System for Government Information and Collaboration (MAGIC) can be used by businesses to register as suppliers, receive RFX notifications based on selected categories, submit electronic responses to solicitations, and receive purchase orders. Supplier registration is available at: https://www.dfa.ms.gov/mmrs-vendors

• MS ITS Enterprise Security Policy:
https://www.sos.ms.gov/adminsearch/ACProposed/00020006b.pdf

• MS ITS Cloud Enterprise Security Policy:
https://www.sos.ms.gov/adminsearch/ACCode/00000679c.pdf

• Public Procurement Review Board Rules and Regulations:
https://www.dfa.ms.gov/dfa-offices/personal-service-contract-review/

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

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2.0 PROJECT OVERVIEW

The DOM Office of Appeals is seeking professional services related to external independent medical reviews for State Fair Hearings and/or State Administrative Hearings.

The anticipated contract term for the required services is February 9, 2026, through February 8, 2029, with one optional two-year renewal, at the discretion of DOM.

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

Contractor shall be responsible for the listed scope of services that includes but is not limited to the following:

2.1.1 General Requirements

	2.1.1.1	Will conduct reviews of medical records, clinical documentation, utilization guidelines, and applicable policies or regulations. The number of reviews vary from month to month. All relevant documentation will be submitted to Contractor via the Contractor’s secured portal for review.
	2.1.1.2	Provide a written clinical rationale for each determination to the Office of Appeals, that includes a copy of any and all medical criteria or clinical guidelines relied upon in support of the recommendation.
	2.1.1.3	Written recommendations shall include a summary of all medical documentation reviewed, a summary of the question(s) raised on appeal, a recommendation regarding the question(s) raised on appeal, the reviewer’s detailed, supporting rationale for recommendation, and a comprehensive list of any references used to make a recommendation. If references are utilized by the Medical Providers in the recommendations, a copy of or active link to the referenced documents must be provided with the recommendation.
	2.1.1.4	Format of the written recommendation shall be subject to the approval of the Office of Appeals Director subsequent to the award.
	2.1.1.5	Standard Requests: Written, detailed recommendations shall be provided to DOM seven (7) business days after the initial request and supporting documentation are submitted via the secured portal. If DOM submits additional documentation after the initial request, the Contractor shall provide the detailed recommendations to DOM no later than seven (7) business days following the submission of that additional documentation.
	2.1.1.6	Expedited Requests: Written, detailed recommendations for any expedited appeal requests shall be provided to DOM within one (1) business day via the secured portal. If DOM submits additional documentation after the initial expedited request, the Contractor shall provide the detailed recommendations to DOM no later than one (1) business day after expedited request is submitted via the secured portal.
	2.1.1.7	When requested by DOM, the Medical Providers must attend telephonic hearings and provide detailed, knowledgeable testimony in support of their written recommendations. Medical Providers must be able to discuss and answer any questions that the parties may have regarding written recommendations in detail.
	2.1.1.8	Medical Providers must be flexible in their availability for hearings related to the case. Medical Providers shall receive the appropriate training by DOM staff regarding the amount of detail required in the recommendations and have knowledge of appropriate conduct when testifying on the Contractor’s behalf in the hearings. Any Out-of-State Medical Providers must be available during the regular business hours of Central Standard Time.
	2.1.1.9	Contractor shall be able to provide a certified biller/coder’s review and recommendation for certain cases upon request by the Office of Appeals, on cases that a specialized coding review is necessary.
	2.1.1.10	If a Medical Provider’s behavior during a hearing, rises to the level of misconduct, which includes, but is not limited to, rudeness, hostility, inability to provide testimony and/or answer questions related to their written recommendation,  the Contractor forfeits full payment from DOM for that hearing and must immediately remove that Medical Provider from DOM’s network.
	2.1.1.11	The Contractor agrees to submit all recommendations in accordance with the deadlines established in sections 2.1.1.5 and 2.1.1.6. In the event the Contractor fails to submit a recommendation by the required deadline without receiving prior approval from Office of Appeals, the Contractor shall forfeit any right to payment for that specific recommendation. DOM shall have no obligation to pay, in whole or in part, for any untimely submission that fails to meet this approval requirement.

Contractor shall not be responsible for the determinations of eligibility of a claimant to receive any type of benefit or the amount of any benefit to be paid under any insurance policy or plan; bill payment or denial determinations; claims processing determinations; employee payment determinations; treatment determinations; or other similar determinations. All such authority and responsibility shall remain with DOM.

2.2 System Requirements

	2.2.1	Contractor shall be able to provide a Secured Portal with User Access & Authentication tool to include but not limited to the following: • Secure Login: DOM Staff, Contractors, or authorized Reviewers log in using secure credentials (username/password, two-factor authentication). • Role-Based Access: Different access levels for users. • HIPAA-Compliant Security: Encryption of all data transmissions and storage to protect PHI (protected health information).
	2.2.2	Contractor shall be able to provide a Secured Portal with a Dashboard / Homepage to include but not limited to: • Summary of Cases: Displays a list or summary of pending, in-process, on hold, and completed external review requests. • Quick Actions: Buttons to start a new review, search cases, or view detailed case statuses.
	2.2.3	Contractor shall be able to provide a Secured Portal with a Case Intake & Management tool to include but not limited to: • Case Submission: DOM can submit requests for external review of medically necessary appeals. Submission includes attaching all relevant documentation such as denial notices, medical records, clinical notes, and treatment plans. Ability to submit voluminous medical records for one appeal. • Automated Case Numbering & Tracking: Each case is assigned a unique identifier for easy tracking.
	2.2.4	Contractor shall be able to provide a Secured Portal with a Medical Review Interface to include but not limited to: • Review Assignment: Cases are assigned to qualified external medical reviewers based on specialty and availability. Ability to schedule Reviewer for virtual hearing, if needed. • Case Details Display: Reviewers to review all documentation, to include summary of the denial, clinical information, state policy citations, and relevant medical necessity criteria. • Reviewer Tools: o Ability to enter detailed recommendations, findings, and conclusions. o Access to guidelines or medical necessity criteria embedded or linked in the portal. o Option to request additional information from DOM.
	2.2.5	Contractor shall be able to provide a Secured Portal with Communication & Notifications tool to include but not limited to: • Automated Notifications: Alerts sent to DOM when Reviewers are assigned, completed, or if additional info is requested. • Messaging System: Secure internal messaging for communication between Reviewers, Contractors, and DOM. • Status Updates: Real-time updates on case status accessible to authorized users.

2.3 Travel

All travel performed in conjunction with performing the responsibilities of this Contract should be included in the operations costs as necessary and will not be reimbursed by DOM.

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 compensated on a monthly basis at the firm, fixed hourly rate specified in the Contractor’s bid price proposal for the applicable one-year term. The hourly rate for each term shall remain firm for the duration of that term. The total compensation payable under this Contract shall be based on the actual number of hours worked and properly invoiced at the applicable hourly rate.

Payments will be based on submitted invoices. The itemized 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 list of each case reviewed and include all services rendered for each case.

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. 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:

(1) Whether each bidder was responsive and provided all required information in the format required by the IFB;

(2) Whether each bidder is responsible and objectively meets the minimum qualifications or other criteria listed in the IFB required to determine whether the bidder has the skills, experience, and/or qualifications to successfully provide the services; and

(3) Which of the responsive and responsible bidders submitted the lowest overall price.

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.

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