Active SLED Opportunity · MISSISSIPPI · MISSISSIPPI DEPARTMENT OF HEALTH

    Mississippi Tobacco Quitline Services

    Issued by Mississippi Department of Health
    localIFBMississippi Department of HealthSol. 242983
    Open · 1d remaining
    DAYS TO CLOSE
    1
    due Apr 24, 2026
    PUBLISHED
    Mar 23, 2026
    Posting date
    JURISDICTION
    Mississippi Department
    local
    NAICS CODE
    621330
    AI-classified industry

    AI Summary

    Mississippi Department of Health seeks bids to administer tobacco cessation services via the Mississippi Tobacco Quitline for eligible adults. Services include phone and digital counseling, nicotine replacement therapy, and program evaluation. Contract runs July 1, 2026 to June 30, 2029. Bids due April 24, 2026.

    Opportunity details

    Solicitation No.
    242983
    Type / RFx
    IFB
    Status
    open
    Level
    local
    Published Date
    March 23, 2026
    Due Date
    April 24, 2026
    NAICS Code
    621330AI guide
    Agency
    Mississippi Department of Health

    Description

    The Agency wants assistance to administer tobacco cessation treatment services for the Mississippi Tobacco Quitline (referred to hereafter as the “Quitline”) for all eligible adult residents of the state of Mississippi. The contract is estimated to begin on July 01, 2026, and end on June 30, 2029.

    Background

    The Agency wants assistance to administer tobacco cessation treatment services for the Mississippi Tobacco Quitline (referred to hereafter as the “Quitline”) for all eligible adult residents of the state of Mississippi. The contract is estimated to begin on July 01, 2026, and end on June 30, 2029.

    Tobacco cessation Quitline's are essential in reducing tobacco/nicotine use prevalence because they are accessible, evidence-based, cost-effective, and supportive. Here’s a breakdown of why they work so well:

    Accessible to Everyone

    • Free and confidential: Quitlines are available at no cost to users, removing a major barrier to care.

    • Available by phone and online: Travel not required; people in rural or underserved areas can access services.

    • Multilingual services: The Quitline offers services in multiple languages.

    Evidence-Based Support

    • Trained counselors: Callers receive one-on-one guidance from professionals trained in tobacco addiction and behavior change.

    • Proven strategies: Quitlines use motivational interviewing and cognitive-behavioral techniques backed by research.

    • Higher quit success rates: Studies show people who use Quitline's are more likely to successfully quit than those who try alone.

    Cost-Effective Public Health Strategy

    • Lower healthcare costs: Helping people quit tobacco/nicotine reduces long-term costs related to chronic conditions.

    • Population reach: Quitlines can handle large call volumes and impact thousands with limited resources compared to brick-and-mortar clinical treatment programs.

    Support Beyond the Call

    • Follow-up calls: Quitlines conduct relapse prevention.

    • Nicotine replacement therapy (NRT): Patches and gum

    • Referral options: Quitlines often connect users to other resources.

     

    Project Details

    • Reference ID: RFX3160007971/2026-IFB-052
    • Department: Office of Tobacco Control
    • Department Head: Tonya Ragillio (Director)

    Important Dates

    • Questions Due: 2026-03-30T19:00:00.000Z

    Addenda

    • Addendum #1 (released 2026-04-01T15:27:52.327Z) —

      Question and answer document. 

    • Official Notice #1: acknowledgement of amendments (released 2026-04-06T15:12:14.209Z) —

      Question and answers. Make sure that if you are submitting a bid, you acknowledge Addendum #1. 

    Evaluation Criteria

    • Restrictions on Communication with MSDH Staff

      All Bidder communications regarding this IFB must be directed through the MSDH OpenGov Procurement Portal or to the designated Bid Coordinator. Unauthorized contact regarding the IFB with other employees of the agency may result in the Bidder being disqualified.

    • Purpose and Goals

      The Mississippi State Department of Health (hereinafter “MSDH” or “Agency”) has issued this solicitation for the purpose of soliciting sealed bids from qualified Bidders to provide the Agency's needs with the administration of the Mississippi Quitline Services. The Contractor will provide tobacco/nicotine cessation treatment services via telephone and web-based platforms, including provisions for Nicotine Replacement Therapy (NRT). The goal of this project is to ensure services for nicotine-dependent treatment for all eligible adult residents of Mississippi while meeting evidence-based practices to reduce tobacco use prevalence.

      The Mississippi State Department of Health (MSDH) Office of Tobacco Control issues this Invitation for Bid (IFB) to solicit offers from qualified, experienced, responsible, and financially sound vendors to provide tobacco/nicotine dependence treatment services. These services will include, but may not be limited to, toll-free phone access, interactive web access (website URL and online counseling/coaching capabilities), digital-based cessation services, assessment, intake, support materials, delivery of nicotine replacement therapy (NRT), referrals to community-based cessation programs, proactive counseling services for tobacco cessation treatment statewide with toll-free access. It is anticipated that this IFB will be awarded to a single provider.

      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 OpenGov Procurement portal at https://procurement.opengov.com/portal/msdh under the “Active ” projects list. It is the responsibility of all interested Bidders to monitor the website for updates regarding this procurement.

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

    • Prior Experience

      Vendor must have been in business and provided goods and/or services similar in requirements and scale to those described in this IFB for a minimum of five (5) years.

    • I. Recitals
          1. MSDH is a state agency with a principal place of business at 570 East Woodrow Wilson, Jackson, MS 39215
          2. Business Associate is a corporation qualified to do business in Mississippi that will act to perform business services for MSDH with a principal place of business at ___________________.
          3. This Business Associate Agreement (“Agreement”) is entered into pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996, as amended by the Genetic Information Nondiscrimination Act (“GINA”) of 2008 and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), Title XIII of Division A, and Title IV of Division B of the American Recovery and Reinvestment Act (“ARRA”) of 2009,and its implementing regulations, including, but not necessarily limited to, 45 C.F.R. Part 160, and 45 C.F.R. Part 164 Subparts A and C (“Security Rule”), and 45 C.F.R. Part 160 Subparts A and E (“Privacy Rule”). These statutes and regulations are hereinafter collectively referred to as HIPAA.MSDH, as a covered entity, is required to enter into this Agreement to obtain satisfactory assurances that Business Associate will comply with and appropriately safeguard all Protected Health Information (“PHI”) Used, Disclosed, created, or received by Business Associate on behalf of MSDH. Certain provisions of HIPAA and its implementing regulations apply to Business Associate in the same manner as they apply to MSDH, and such provisions must be incorporated into this Agreement.
          4. MSDH desires to engage Business Associate to perform certain functions for, or on behalf of, MSDH involving the Disclosure of PHI by MSDH to Business Associate, or the creation or Use of PHI by Business Associate on behalf of MSDH, and Business Associate desires to perform such functions, as set forth in the Underlying Agreement(s) which involve the exchange of information, and wholly incorporated herein.
    • Services to be Performed

      The Contractor will administer all services of the Quitline for all eligible residents of the state of Mississippi. The goal of this project is to provide the following.

      GOALS:

      1.  Providing Nicotine-Dependence Treatment Services for Adult Residents of Mississippi. 

      2.  Monitor/evaluate the impact of Quitline Services and/or the combination of services on supporting increased quit attempts and sustained quits. 

      STRATEGIES:

      1.   Support State Quitline Capacity

      2.   Implement and expand delivery of Tobacco and Dependence Treatment Services, including Quitline and Digital-Based Technologies such as Test and/or Web Services. 

      1. PURPOSE STATEMENT

      The Mississippi Tobacco Quitline (referred to hereafter as the "Quitline") will administer all services of the Quitline for all eligible residents of the state of Mississippi.

      The Quitline vendor will maintain compliance with the most current Centers for Disease Control and Prevention's (CDC) Best Practice Standards for Comprehensive Tobacco Control Programs, North American Quitline Consortium (NAQC), and the Public Health Services (PHS) Clinical Guidelines.

      1. STAFF REQUIREMENTS

      An FTE Position Client Services Manager will serve as the point of contact for MSDH Office of Adult Health: Tobacco Control, including budget, treatment services, and issue resolution. The vendor will provide regularly scheduled data reports listed in the SOW. These reports will be utilized to guide strategies around training, collaboration, and planning for referral efforts.

    • Required Certification, Accreditation, and/or Licenses

      Vendor shall provide notarized copies of all valid licenses and certificates required for performance of the work. The notarized copies shall be delivered to the agency no later than ten days after Vendor receives the Notice of Intent to Award from the agency. Current notarized copies of licenses and certificates shall be provided to the agency within twenty-four hours of demand at any time during the contract term. Vendor must possess and maintain the minimum vendor certifications, accreditations, and/or licensures described in this IFB, by way of illustration and not limitation, the following:

        1. Registered to do business with the State of Mississippi.
        2. A professional license or certificate in the field of ________.
    • Bid Submission Period

      Bids must be submitted electronically through the MSDH OpenGov Procurement portal no later than 4:00 PM Central Standard Time (CST), April 24, 2026. 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 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.

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

    • Deliverables to be Provided

      The Contractor will provide:

      PROGRAMMATIC TOBACCO CESSATION ACTIVITIES:

      Call Volume Management

      1a. The Quitline vendor will maintain a minimum rate of 80% of live call answers during the TIPS campaign or other national media campaigns. If there are barriers to achieving this standard, the Office of Adult Health: Tobacco Control will immediately be notified so that available measures may be employed to ensure that this delivery is met.

      Deliverable: Document and submit the live answer rate/numbers, monthly.

      1b. The Quitline vendor will ensure adequate staffing to handle the call volume during the contract period. The MSDH Office of Adult Health: Tobacco Control will ensure the promotion of the Quitline vendor via the promotion of the availability of services by its subgrantees and partners.

      Deliverable: Document and submit the call volume rate, monthly.

      Enrollment Management

      2a. The Quitline vendor will monitor and report the number of individuals completing Coach+ Standard enrollment.

      Deliverable: Document and submit and submit the number of participants completing Coach+ Standard enrollment, monthly.

      2b. The Quitline vendor will monitor and report the number of individuals completing enrollment in the Behavioral Health Cessation Program.

      Deliverable: Document and submit and submit the number of participants completing enrollment in the Behavioral Health Cessation Program, monthly.

      2c. The Quitline vendor will monitor and report the number of individuals completing enrollment in the Pregnancy Cessation Program.

      Deliverable: Document and submit the number of participants completing enrollment in the Pregnancy Cessation Program, monthly.

      Web-Based Services

      3a. The Quitline vendor will monitor and report the number of website hits and enrollments. Hits are defined as the total number of visits to the URL: www.quitnow.net/MS.

      Deliverable: Document and submit and submit the number of website hits, monthly.

      3b. The Quitline vendor will monitor and report the number of enrollments via the web. Enrollments are defined as the number of visitors who register for services by completing an intake.

       Deliverable: Document and submit the number of participants that enrolled via the web, monthly.

       Digital Platform Services:

      4a. The Quitline vendor will monitor and report the number of enrollments for Text a Coach services.

      Deliverable: Document and submit the number of enrollments into Text a Coach using the Activities dropdown menu in the reporting system, identified by the Office of Adult Health: Tobacco Control, monthly.

      4b. The Quitline vendor will monitor and report the number of enrollments for email services.

      Deliverable: Document and submit the number of enrollments into the email regimen, monthly.

      Eligibility:

      1. The Quitline vendor will implement the following requirements for participation in the tobacco cessation treatment services:

            a. Participants must be 18 years of age or older. 

      b. Participant must be willing to participate in proactive telephone counseling or digital (chat or text) counseling on a regularly scheduled basis. Pregnant participants must provide medical clearance from their healthcare provider before receipt/utilization of Nicotine Replacement Therapy (NRT) and any approved dosages of NRT.

        c. Members are eligible to participate in 2 (two) five-session courses of treatment. Sessions are provided via phone, chat, text, or online group sessions per twelve-month period.

       Deliverable: Document and submit the total number of participants engaged in tobacco cessation treatment services, monthly.

      Counseling:

      1. The Quitline vendor will implement the following protocol for participation in the counseling component of cessation treatment services:

       a. Participants in the Quitline vendor services, either telephonic or digital-based, are required to complete an intake to determine eligibility for services.

           b. All participants are required to follow scheduled counseling sessions prior to receiving NRT.

       c. Participants will complete enrollment (intake and quit plan) and complete their counseling session based on participants’ availability or dependent on their planned quit date.

           d. All participants will receive the 'Quit Guide' and other available cessation resources to aid in cessation efforts.

       Deliverable: Document and submit the number of unique participants in the counseling component of cessation treatment services, monthly.

      2. The Quitline vendor counselors will screen participants for US Veteran status, provide Quitline vendor services to them, and then offer to refer veterans to the Veterans Quitline at 1-855-QUIT-VET (1-855-784-8838) as an additional resource, if needed.

      Deliverable: Document and submit the number of veterans screened and offered services, monthly.

      3. The Quitline vendor will implement the Tobacco Cessation Behavioral Health   Program (TCBHP) to provide better support to tobacco users with mental health conditions. The program design will include:

          a. Coach + 7: Tailored Programs (7 Sessions: 5 one-on-one, 2 Coach-led group video options)

        b. Coaches who have received additional, extensive training on mental illness and tobacco cessation and who can flex intervention content and tailor the treatment to these participants.

       Deliverable: Document and submit the number of unique participants engaging in counseling sessions in the Tobacco Cessation Behavioral Health Program, monthly.

      4. The Quitline vendor will implement the Tobacco Cessation Pregnancy Program to provide better support to the Pregnancy Program. The program design will include:

            a. Coach + 7: Tailored Programs (7 (Seven) Sessions: 5 (five) one-on-ones, and 2 (two) Coach-led group video options)

       Deliverable: Document and submit the number of unique participants engaging in counseling sessions in the Pregnancy Program, monthly.

       

      NICOTINE REPLACEMENT THERAPY (NRT):

      The Quitline vendor will implement the following protocol for

      participation in the Nicotine Replacement Therapy (NRT) component of cessation treatment services:The Quitline vendor will offer NRT, to coincide with the number of counseling sessions (nicotine transdermal patch and/or nicotine polarize gum), per participant; NRT will be delivered in either two-week, four-week, or eight-week increments (or other periods as determined). Any changes to incremental NRT scheduling will be determined via collaboration between the MSDH Office of Adult Health: Tobacco Control and the Quitline vendor based on budget availability.

           a. NRT will be delivered to participants through an ordering system with an identified

      vendor. Projected shipping time for NRT products to participants will be within three (3) to five (5) working days of the order.

       

           b. If medical contraindications are present, counseling may continue while medical

      clearance is obtained. No NRT will be issued for any caller who presents with contraindications without signed medical consent/clearance from their primary care provider.

           c. Participants are required to complete subsequent counseling sessions before the

      Next round of NRT is ordered. NRT will not be ordered for any participant who does not comply with the counseling sessions or cannot be reached. Staff will make a minimum of (3) three attempts to contact program participants before determining a case to be inactive.

       Deliverable: Document and submit the unique number of participants receiving NRT, monthly.

       Deliverable: Document and submit the average number of days from NRT order to delivery, monthly.

       Promotion/Education:

       1. The Quitline vendor will collaborate with the MSDH Office of Adult Health: Tobacco Control to promote cancer treatment centers throughout the state to promote the availability of a no-cost or low-cost Low Dose Computed Tomography scan (LDCT) to eligible individuals with a 20-year pack a day history. A link will be made available on the Quitline vendor website to provide access to the list of eligible centers maintained on and by the American Lung Association’s site http://lungscreen.health.

      Deliverable: Document and submit the number of participants screened and referred to Low Dose Computed Tomography scan (LDCT), quarterly.

      Referral Portal Administration:

      1. The Quitline vendor will offer support for referrals sent via the Online Referral Portal, allowing referring physicians to send referrals through a secure online platform.

       Deliverable: Document and submit the number of referrals from the online referral portal, monthly.

      2. The Quitline vendor will develop and maintain connections with the Electronic Health Records (EHR) of at least 3 (three) MS Health Care Systems. This will ensure that the Mississippi Tobacco Quitline vendor database will include access to an electronic referral registration option for physicians and nurse practitioners. In addition to the current systems, UMMC and Coastal Family Health Services, 1 (one) onboarding of 1 (one) additional system. This will allow the providers to register online to become referring clinicians. The Quitline vendor will maintain the provider’s referral registration portal.

       Deliverable: Document and submit the number of connections with EHR and Health Care Systems, monthly.

      Success Story

      1. The Quitline vendor will provide a minimum of 1 (one) success story based on activities conducted utilizing tobacco funding from the Office of Adult Health: Tobacco Control. The success story will focus on a system change process that includes but is not limited to, collaborations with disparate populations for education and training, electronic health referrals implementation, E Portal implementation, etc. The success story will be developed per the CDC's Success Story Guidance (available in the Resources folder). Quitline vendor will provide a list of compliments quarterly. If MS identifies a compliment, they would like identified for a future success story, Quitline vendor will reach out to the participant for their consent to develop a success story based on activities. Quitline vendor will be available to provide an interview or update to the SME Communications staff and/or Evaluation staff to support articles for the MSDH Evaluation Team.

       Deliverable: No Later than June 1st, Document and submit a copy of a success story.

       Sustainability: 

      1. The Quitline vendor will provide a quarterly Medicaid Report to the Office of Adult Health: Tobacco Control for reimbursement for treatment services (both coaching and pharmacotherapy) for both public (Medicaid) and private insurers (Managed Care Organizations).

       Deliverable: Provide Medicaid Report to the Office of Adult Health: Tobacco Control and the evaluators (emailed). 

       Data Management:

      1. The Quitline vendor will meet all data submission requirements outlined in this Scope of Work. Failure to meet these requirements may impact the timely payment of reimbursement requests and the opportunity for future funding.

      Deliverable: Upload data submission to the SFTP or other file share medium monthly, as outlined in the Scope of Work.

      2. The Quitline vendor will provide updates regarding changes in the status of the database management system to the MSDH Office of Adult Health: Tobacco Control Point of Contact and the Evaluation Team, as they occur.

      Deliverable: Document and submit description of any data management changes made, monthly.

      3. The Quitline vendor will provide monthly updates to the MSDH Office of Adult Health: Tobacco Control Point of Contact and the Evaluation Team via a secured file share medium.

            a. An export of the 'raw,' patient database as a comma-delimited file validated by MSDH for import into existing SPSS templates.

          b. Quitline vendor will provide a secure file-transfer platform from which the MSDH Office of Adult Health: Tobacco Control Point of Contact and the Evaluation Team will retrieve the file. MSDH Office of Adult Health: Tobacco Control Point of Contact and the Evaluation Team via a secured file share medium.

           c. Quitline vendor will provide an updated data dictionary of the provider patient database when revisions are made. This data dictionary will be provided in a human-readable format. (e.g., Microsoft Word or PDF)

      Deliverable: Document and submit monthly data exports.

      Deliverable: Provide the data dictionary to the MSDH Office of Adult Health: Tobacco Control and the Evaluation Team via email. 

       

      Monthly Reporting Requirements:

      1. The Quitline vendor client services manager will upload the required reports into the reporting system identified by the Office of Adult Health: Tobacco Control. These reports will be utilized to shape strategies around training, collaboration, and planning for referral efforts. The cumulative monthly online reporting is due every month, on the 15th using the Online Reporting System identified by the Office of Adult Health: Tobacco Control. If the due date falls on a weekend or holiday, reports will be due the next business day. Reports will consist of the following and be reported for the telephone-based program and the web-based program (reported separately). The following information will be reported each month:

       a. Aggregate Dashboard Report will contain Summary Service Monthly Report, Digital Based Services Report, and Quitline vendor will provide a report on NRT shipments including dates of request and shipment.

           b. Behavioral Health Dashboard Report

           c. De-Identified Medicaid Report

           d. Referral Report – State Referral Aggregate

           e. County Level - State Monthly Update (Interim)

           f. Telecom Monthly Report

           g. Call Volume Monthly Report

         h. Quitline vendor will provide a monthly report that captures Medicaid enrollees, NRT use, and service utilization, including costs. – State Billing Details Report

      Deliverable: Document and submit required monthly reports, monthly.

       Evaluation:

          a. The Quitline vendor will participate in the overall program evaluation efforts as requested by the MSDH Office of Adult Health: Tobacco Control program evaluators.

       Deliverable: Document and submit the meeting notes after the meeting(s).

          b. The Quitline vendor will compile a report on Quit Rate and Satisfaction  Summary Data containing final findings for the Quitline vendor Year 5 Evaluation.

      The report will include:

         a. A brief overview of evaluation methodology of Definitions of Deliverables

         b. Table representing the follow-up survey response rate, tobacco quit rate (respondent and intent-to-treat), tobacco plus electronic nicotine delivery systems (ENDS) quit rate (respondent and intent-to-treat), and satisfaction data.

       These outcomes will be reported by service offering:

        a. MSQL Phone Program

        b. Behavioral Health Program

        c. NRT Recipients

        d. Pregnancy Program

       Deliverable: Document and submit this report monthly.

      3. By May 31st, a final, de-identified, individual-level data set (with data dictionary) that contains both the intake and 7-month survey data will be developed for MSQL registrants.

       Deliverable: Document and submit the Quit Rate Summary Data and data dictionary report, monthly.

      4. The Quitline vendor will administer the Quitline vendor standard, NAQC MDS-compliant 7-month follow-up survey.

       Topics to be assessed will include:

        a. Overall satisfaction with the program

        b. Tobacco quit status

        c. Electronic nicotine delivery system (ENDS) use status (last/ever use)

        d. Use of medications

        e. Whether would recommend the program; why or why not

        f. For current tobacco users: tobacco type(s) used in last 30 days; amount, frequency, and time to first cigarette use among cigarette smokers

       Deliverable: Provide a copy of the NAQC MDS questions.

       Quarterly Reporting:

      1. The Quitline vendor will participate in quarterly reviews with the MSDH Office of Adult Health: Tobacco Control Cessation Branch Director. Meetings will be conducted in October, January, April, and June. The focus is to provide the Quitline vendor the opportunity to discuss accomplishments, status or barriers, and solutions for the program. The Quitline vendor may be required to meet more often depending on projects, promotions, or other events as deemed necessary. These meetings will be scheduled by the MSDH Office of Adult Health: Tobacco Control Cessation Branch Director.

      Deliverable: Document and submit the description of each quarterly review meeting in the Activities dropdown in the reporting system identified by the Office of Adult Health: Tobacco Control.

      2. The Quitline vendor will collect and provide data for the National Quitline vendor Data Warehouse, quarterly.

      Deliverable: Document and submit the data to the Cessation Coordinator.

      3. The Quitline vendor will provide a Mississippi Tobacco Quitline Key Performance Indicator (KPI) report.

      Deliverable: Provide this report to the MSDH Office of Adult Health: Tobacco Control Cessation Coordinator, quarterly.

       Annual Reporting

      1. No Later Than July 31st, the Quitline vendor will provide an annual report covering the entire grant period. This will include a final status report of detailed activities outlined (suggestion: in format text and graphs etc.) in the Scope of Work. This report should indicate if activities were met and any barriers to completion. Final reimbursements will be contingent upon receipt of this report.

      Deliverable: By July 31st, The Quitline vendor will email the annual report to the MSDH Office of Adult Health: Tobacco Control Cessation Coordinator and the evaluation team.

       General Service Delivery Protocol/required Training:

      1. General Requirements

          a. Quitline vendor personnel are required to have access to a computer, with internet and email service.

          b. Quitline vendor personnel are required to attend meetings/trainings conducted by MSDH Office of Adult Health: Tobacco Control throughout the contract year, as requested.

      c. Quitline vendor will include the following statement on all support/printed educational materials produced under this project: "This program is funded in part by a grant from the Mississippi State of Health.

        d. Quitline vendor will submit a written request to purchase equipment and incentives to be financed with MSDH Office of Adult Health: Tobacco Control Program Funds at least ten (10) working days prior to order placement.

      e. Quitline vendor will submit requests for all printing and press releases related to programs sponsored and financed by MSDH Office of Adult Health: Tobacco Control to be approved by MSDH at least five (5) working days prior to production. In cases where media activities are conducted spontaneously or on short notice, MSDH Office of Adult Health: Tobacco Control will be notified as soon as possible.

       f. Quitline vendor will submit quarterly reports by the 30th of the month following the end of each quarter on tobacco cessation training efforts using the tobacco control program online data reporting system.

        g. Quitline vendor may publicly release information obtained from this agreement only after obtaining written permission from MSDH.

      h. Quitline vendor will utilize Grammarly to check all documentation that is uploaded into the reporting system, identified by the Office of Adult Health: Tobacco Control, ensuring that documentation is publication-ready – free of grammatical errors, typos, etc. (i.e., reporting, success stories, written updates, or any information to be published).

      Distribution of Funds:

      1. By the 15th of each month during the contract period, the Quitline vendor will submit an invoice to the Office of Adult Health: Tobacco Control monthly to receive reimbursement for services provided under this project. The invoice will be on the organization’s letterhead and will outline the budget line-item amounts that are to be reimbursed. Also, included will be a budget category cover sheet (on color paper) along with supporting documentation that will reflect the expenditures by month, and year to date; budget justification by line item; documentation of all activities; and distribution of administrative/indirect costs. The invoice categories must correspond with the contract's budget categories.

                Supporting documentation must accompany each invoice and will include the following:

          a. Payroll registers, check stubs, or canceled checks supporting salaries/fringe.

          b. Checks or receipts for all bills/invoices paid.

          c. Cancelled checks or check stubs for all travel, plus the organization's travel form with signatures of the employee and approving agent.

      Additionally, failure to submit the following documentation will result in delayed payment:

          a. Monthly online data submission to the Online Reporting System

          b. Supporting documentation for each invoice (as outlined above)

          c. Agendas for any events, training, or activities

          d. Any reports or correspondence as requested by MSDH, Office of Adult Health: Tobacco Control.

    • II. Definitions
          1. “Breach” shall mean the acquisition, access, Use or Disclosure of PHI in a manner not permitted by the Privacy Rule which compromises the security or privacy of the PHI, and subject to the exceptions set forth in 45 C.F.R. § 164.402.
          2. “Business Associate” shall mean _____________,including all workforce members, representatives, agents, successors, heirs, and permitted assigns.
          3. “Covered Entity” shall mean the Mississippi State Department of Health, an agency of the State of Mississippi.
          4. "Data Aggregation” shall have the same meaning as the term “Data aggregation” in 45 C.F.R. §164.501.
          5. “Designated Record Set” shall have the same meaning as the term “Designated Record Set” in 45 C.F.R. §164.501.
          6. “Disclosure” shall have the same meaning as the term “Disclosure” in 45 C.F.R. § 160.103.
          7. “MSDH” shall mean the Mississippi State Department of Health, an agency of the State of Mississippi.
          8. “Individual” shall have the same meaning as the term “Individual” in 45 C.F.R. § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).
          9. “Privacy Officer” shall mean the person designated by MSDH to oversee its implementation of and compliance with HIPAA.
          10. "Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and E.
          11. “Protected Health Information” or “PHI” shall have the same meaning as the term “Protected health information” in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of MSDH.
          12. “Reproductive health care services. "Reproductive health care services" means all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventive, rehabilitative or supportive nature, including medication, relating to pregnancy, contraception, assisted reproduction, pregnancy loss management or the termination of a pregnancy in accordance with the applicable standard of care as defined by major medical professional organizations and agencies with expertise in the field of reproductive health care.”
          13. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his/her designee
          14. “Security Incident” shall have the same meaning as the term “Security incident” in 45 C.F.R. §164.304.
          15. “Security Rule” shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and C.
          16. “Standard” shall have the same meaning as the term “Standard” in 45 C.F.R. § 160.103.
          17. “Underlying Agreement” shall mean any applicable Memorandum of Understanding (“MOU”),agreement, contract, or any other similar device, and any proposal or Request for Proposal (“RFP”) related thereto and agreed upon between the Parties, entered into between MSDH and Business Associate. Under this Business Associate Agreement, “Underlying Agreement” shall refer to the following: ___________________.
          18. “Unsecured Protected Health Information” shall have the same meaning as the term “Unsecured protected health information” in 45 C.F.R. § 164.402.
          19. “Use” shall have the same meaning as the term “Use” in 45 C.F.R. § 160.103
          20. “Violation” or “Violate” shall have the same meaning as the terms “Violation” or “Violate” in 45 C.F.R. § 160.103.

      All other terms not defined herein shall have the meanings assigned in HIPAA and its implementing regulations.

    • Reconsideration of the Solicitation

      Any potential Bidder can request that MSDH reconsider the terms of this solicitation. This reconsideration request can be accomplished by reference to Section 5.2.4. of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. The potential Bidder shall file any such request within three (3) business days following the date of public notice of the solicitation. The potential Bidder must submit the request by email to the following:

      • Bid Coordinator Patricia Youngblood, 
      • Procurement@msdh.ms.gov
      • The Director of the Office of Personal Service Contract Review

      It shall be the sole responsibility of the requesting Bidder to ensure the request is received in a timely manner by all required parties. Failure to request reconsideration in compliance with this Section in a timely manner results in the waiver of any claim regarding the terms of the solicitation.

      The request shall contain the requesting Bidder’s name, a single contact person, all contact information for the contact person, the RFx number of the solicitation, and the date the IFB was issued. The request shall identify which of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations the requesting Bidder believes to have been violated by the solicitation, as written. The request may not be based on anything other than the solicitation document and the applicable rules and regulations. The Bidder shall not include exhibits with the request. Instead, the requesting Bidder shall clearly identify the section(s) of the solicitation document at issue in its request. The request shall not be supplemented.

    • Financial Stability or Solvency

      Vendor must be financially stable or solvent.

    • Important Dates

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

    • III. Obligations and Activities of Business Associate
          1. Business Associate agrees to not Use or Disclose PHI other than as permitted or required by this Agreement and the Underlying Agreement(s), or as Required by Law.
          2. Business Associate agrees to utilize appropriate safeguards and comply, where applicable, with the HIPAA Privacy and Security Rules, to prevent Use or Disclosure of the PHI other than as permitted or provided for by this Agreement and shall: (i) implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Protected Health Information and Electronic Protected Health Information that Business Associate creates, receives, maintains, or transmits on behalf of MSDH; (ii) ensure that any subcontractor to whom Business Associate provides such information agrees to implement reasonable and appropriate safeguards to protect it; and (iii) report to MSDH any Security Incident of which Business Associate becomes aware.
          3. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in Violation of the requirements of this Agreement and/or state or federal laws and regulations.
          4. Breaches and Security Incidents. During the term of this Agreement, Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any actual or suspected Breach or Security Incident. Business Associate agrees to take the following steps:

            Notice to MSDH. (1) To notify their MSDH Point-of-Contact, MSDH IT Security Officer and MSDH Privacy Officer without unreasonable delay, and no later than five (5) days after discovery, by telephone call and email or registered or certified mail upon the discovery of an actual or suspected Breach of Unsecured PHI in electronic media or in any other media. (2) To notify their MSDH Point-of-Contact, MSDH IT Security Officer and MSDH Privacy Officer without unreasonable delay, and no later than five (5) days after discovery, by telephone call and email or registered or certified mail of any actual or suspected Security Incident affecting this Agreement, including but not limited to an actual or suspected Security Incident that involves data provided to MSDH by the Social Security Administration. A Breach or Security Incident shall be treated as discovered by Business Associate as of the first day on which the Breach or Security Incident is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the Breach or Security Incident) who is a workforce member, officer, or other agent of Business Associate.

            The notification shall include, to the extent possible and subsequently as the information becomes available, a reasonably detailed description of the actual or suspected Breach or Security Incident, the identification of all Individuals whose Unsecured PHI is reasonably believed by Business Associate to have been affected by the Breach or Security Incident along with any other available information that is required to be included in the notification to the Individual, HHS and/or the media, all in accordance with the data breach notification requirements set forth in 42 U.S.C. § 17932 and 45 C.F.R. Parts 160 and 164, Subparts A, D, and E, or any other applicable notification requirements.

            Upon discovery of an actual or suspected Breach or Security Incident, Business Associate shall take:
            • Prompt corrective action to mitigate any risks or damages involved with the Breach or Security Incident and to protect the operating environment; and
            • Any action pertaining to such unauthorized Disclosure required by applicable Federal and State laws and regulations.

            Investigation. To immediately investigate any such actual or suspected Breach or Security Incident upon discovery in order to determine if the actual or suspected Breach or Security Incident is a Violation of any applicable federal or state laws or regulations, and to submit updated information by email or registered or certified mail, as it becomes available, to the MSDH IT Security Officer and MSDH Privacy Officer.

            Complete Report. To provide a complete written report by email or registered or certified mail of the investigation to the MSDH IT Security Officer and MSDH Privacy Officer within ten (10) working days of the discovery of any actual or suspected Breach or Security Incident. The report shall include:
            • the identification of each Individual whose PHI was or is believed to have been involved;
            • a reasonably detailed description of the types of PHI involved; and
            • a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain any suspected or actual Breach of security, intrusion or unauthorized Use or Disclosure.

            If MSDH requests information in addition to that provided in the written report, Business Associate shall make reasonable efforts to provide MSDH with such information. If necessary, a supplemental report may be utilized to submit revised or additional information after the completed report is submitted.

            Notification of Individuals. If the cause of an actual Breach of PHI is attributable to Business Associate or its subcontractors, agents or vendors, Business Associate shall notify each Individual of the Breach when notification is required under state or federal law and shall pay any costs of such notifications, as well as any costs associated with the Breach. The notifications shall comply with the requirements set forth in 42 U.S.C. § 17932 and its implementing regulations. The MSDH IT Security Officer and MSDH Privacy Officer shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.

            Responsibility for Reporting of Breaches. If the cause of a Breach of PHI is attributable to Business Associate or its agents, subcontractors, or vendors, and Business Associate is a covered entity as defined under HIPAA and the HIPAA regulations, Business Associate is responsible for
            all required reporting of the Breach as specified in 42 U.S.C. § 17932 and its implementing regulations, including notification to media outlets and to the Secretary of the U.S. Department of Health and Human Services. If Business Associate has reason to believe that duplicate reporting of the same Breach or Security Incident may occur because its subcontractors, agents or vendors may report the Breach or Security Incident to MSDH in addition to Business Associate, Business Associate shall notify MSDH, and MSDH and Business Associate may take appropriate action to prevent duplicate reporting. The Breach reporting requirements of this paragraph are in addition to the reporting requirements set forth above.
          5. Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions and conditions that apply to the Business Associate with respect to such information, all in accordance with 45 C.F.R. §§ 164.308 and 164.502
          6. Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit electronic PHI on behalf of Business Associate agree to comply with the applicable requirements of the Security Rule and Privacy Rule by entering into a Business Associate Agreement, in accordance with 45 C.F.R. §§ 164.308, 164.314, 164.502, and 164.504, and Business Associate shall provide MSDH with a copy of all such executed agreements between Business Associate and Business Associate’s subcontractors. Business Associate understands that submission of their subcontractors’ Business Associate Agreement(s) to MSDH does not constitute MSDH approval of any kind, including of the utilization of such subcontractors or of the adequacy of such agreements.
          7. Business Associate agrees that nothing in this Agreement is meant to take the place of any HIPAA-mandated reporting duties that apply directly to the Business Associate as a covered entity under HIPAA and its implementing regulations.
          8. Business Associate agrees to provide access, at the request of MSDH, and in the time and manner designated by MSDH, to PHI in a Designated Record Set, to MSDH or, as directed by MSDH, to an Individual in order to meet the requirements under 45 C.F.R. § 164.524.
          9. Business Associate agrees to document such Disclosures of PHI and information related to such Disclosures as would be required for MSDH to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 C.F.R. § 164.528. Business Associate agrees to retain such documentation for at least six (6) years after the date of Disclosure; the provisions of this Section shall survive termination of this Agreement for any reason.
          10. Where applicable, Business Associate agrees to retain and securely store all data and documents falling under this Agreement and the Underlying Agreement(s) in accordance with HIPAA, the HITECH Act, and their implementing regulations.
          11. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that MSDH directs or agrees to pursuant to 45 C.F.R. § 164.526 at the request of MSDH or an Individual, and in the time and manner designated by MSDH.
          12. Business Associate agrees to provide to MSDH or an Individual, in a time and manner designated by MSDH, information collected in accordance with Section (III) of this Agreement, to permit MSDH to respond to a request by an Individual for an accounting of Disclosures of PHI in accordance with 45 C.F.R. § 164.528.
          13. Business Associate agrees that it shall only Use or Disclose the minimum PHI necessary to perform functions, activities, or services for, or on behalf of, MSDH as specified in the Underlying Agreement(s). Business Associate agrees to comply with any guidance issued by the Secretary on what constitutes “minimum necessary” for purposes of the Privacy Rule, and any minimum necessary policies and procedures communicated to Business Associate by MSDH.
          14. Routine transmission of PHI by fax is not recommended. If information must be faxed, Business Associate agrees PHI shall be limited to those recipients who have a need to gain access to the information. The information to be faxed shall be limited to the “minimum necessary” to accomplish the proposed function. A cover sheet must be utilized which includes a required confidential statement prohibiting unlawful redisclosure. In the event a fax is received by an unintended recipient, Business Associate should obtain the recipient’s contact information, attempt to identify the misdirected document, and then contact MSDH Privacy Officer. Generally, Business Associate should instruct the recipient of the misdirected fax to await further instructions from the Business Associate. Recipients should not be told to throw away a misdirected fax. MSDH may instruct the recipient to return or destroy the document, depending on the facts.
          15. Business Associate agrees that to the extent that Business Associate carries out MSDH’s obligations under the Privacy Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to MSDH in the performance of such obligation.
          16. Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the Use and Disclosure of PHI received from, or created or received by Business Associate on behalf of, MSDH available to the Secretary for purposes of determining MSDH's compliance with the Privacy Rule.
          17. Business Associate agrees that nothing in this Agreement shall permit Business Associate to access, store, share, maintain, transmit or Use or Disclose PHI in any form via any medium with any third party, including Business Associate’s subcontractors, beyond the boundaries and jurisdiction of the United States without express written authorization from MSDH.
          18. Business Associate agrees that all MSDH data will be encrypted using industry standard algorithms, preferably AES256 or Triple DES and/or SSL/TLS 1.2+.
          19. Business Associate agrees to comply with the State of Mississippi ITS Enterprise Security Policy, which will be provided by MSDH upon request.
          20. Business Associate agrees to make an executive summary of its most recent information security audit available to MSDH upon request by MSDH.
          21. The provisions of the HITECH Act that apply to Business Associate and are required to be incorporated by reference in a business associate agreement are hereby incorporated into this Agreement, including, without limitation, 42 U.S.C. §§ 17935(b), (c), (d) and(e), and 17936(a) and (b), and their implementing regulations.
          22. 42 U.S.C. §§ 17931(b) and 17934(c), and their implementing regulations, each apply to Business Associate with respect to its status as a business associate to the extent set forth in each such section.
          23. Business Associate shall be responsible for, and shall reimburse MSDH for costs and expenses associated with steps reasonably implemented by MSDH to mitigate any Breach or other non‐ permitted Use or Disclosure of PHI or medical, health or personal information protected by other federal or state law, including, without limitation, the following: data analysis to determine appropriate mitigation steps in the event of a Breach, including assistance from Business Associate in the investigation of the Breach and, as needed, access to Business Associate’s systems and records for purposes of Breach data analysis; preparation and mailing of notification(s) about the Breach to impacted Individuals, the media and regulators; costs associated with proper handling of inquiries from Individuals and other entities about the Breach (such as the establishment of toll‐free numbers, maintenance of call centers for intake, preparation of scripts, questions/answers, and other communicative information about the Breach); credit monitoring and account monitoring services for impacted Individuals for a reasonable period (which shall be no less than 12 months); other mitigation action steps required of MSDH by federal or state regulators; and other reasonable mitigation steps required by MSDH.
          24. Business Associate shall not, without written authorization from MSDH, perform marketing or fundraising on behalf of MSDH, or engage in the types of communications on behalf of MSDH that are excepted from the definition of “marketing” established at 45 C.F.R. §164.501. If MSDH requests and authorizes Business Associate to engage in these activities, Business Associate shall comply with the applicable provisions of the HITECH Act and the HIPAA Rules.
          25. Business Associate shall not directly or indirectly receive remuneration in exchange for an Individual's PHI unless it is pursuant to specific written authorization by the Individual or subject to an exception established in the HIPAA Rules.
          26. Without prior written approval from MSDH, Business Associate shall not publicly release any report, article, paper, graph, chart, or other product created, in whole or in part, using data provided or developed under this Agreement.
          27. Business Associate agrees to utilize reasonable measures (including training) to ensure compliance with the requirements of this Agreement by employees who assist in the performance of functions or activities under this Agreement and Use or Disclose MSDH data, and to discipline such employees who intentionally violate any provisions of this Agreement.
    • Acceptance of Bids

      After receiving 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.

      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.

    • IV. Permitted Uses and Disclosures by Business Associate
          1. General Use and Disclosure Provisions: Subject to the terms of this Agreement, Business Associate may Use or Disclose PHI to perform functions, activities, or services for, or on behalf of, MSDH as specified in the Underlying Agreement(s), provided that such Use or Disclosure would not Violate what is Required by Law or the Privacy Rule if done by MSDH, except for the specific Uses and Disclosures set forth below, for the purpose of performing the Underlying Agreement(s).
          2. Specific Use and Disclosure Provisions:
            1. Business Associate may Use PHI, if necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate under the Underlying Agreement(s) entered into between MSDH and Business Associate.
            2. Business Associate may Disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that Disclosures are Required by Law and the person to whom the PHI was Disclosed notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
            3. If Business Associate must Disclose PHI pursuant to law or legal process, Business Associate shall notify MSDH by phone and in writing without unreasonable delay and at least five (5) days in advance of any Disclosure so that MSDH may take appropriate steps to address the Disclosure, if needed.
            4. In the event that Business Associate works for more than one covered entity, Business Associate may Use and Disclose PHI for Data Aggregation purposes, however, only in order to analyze data for permitted health care operations, and only to the extent that such is permitted under the Privacy Rule.
            5. Business Associate may Use and Disclose de‐identified health information if (a) the Use is communicated to MSDH and (b) the de‐identified health information meets the implementation specifications for de‐identification under the Privacy Rule.
    • Minor Informalities and Irregularities

      MSDH 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 MSDH to properly evaluate the offer, MSDH 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. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

    • Financial Stability or Solvency

      Vendor must be financially stable or solvent, if required. Each vendor shall submit copies of the most recent years independently audited financial statements as well as financial statements for the preceding three years, if they exist.  The submission must include the audit opinion, the balance sheet, and statements of income, retained earnings, cash flows, and the notes to the financial statements.  If independently audited financial statements do not exist, Vendor must state the reason and, instead submit sufficient information to enable the Agency to access the financial stability or solvency of the vendor, such as financial statements, credit ratings, a line of credit, or other financial arrangements sufficient to enable the vendor to be capable of meeting the requirements of this IFB.

    • Ability to Perform

      The vendor may be required before the award of any contract to show to the complete satisfaction of the agency that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The vendor may also be required to give a past history and references in order to satisfy the agency in regard to the vendor’s qualifications. The agency may make reasonable investigations deemed necessary and proper to determine the ability of the vendor to perform the work, and the vendor shall furnish to the agency all information for this purpose that may be requested. The agency reserves the right to reject any quote if the evidence submitted by, or investigation of, the vendor fails to satisfy the agency that the vendor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the vendor’s qualifications shall include:

        1. the ability, capacity, skill, and financial resources to perform the work or provide the service required;
        2. the ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference;
        3. the character, integrity, reputation, judgment, experience, and efficiency of the vendor; and,
        4. the quality of performance of previous contracts or services.
    • 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 nonproprietary concepts contained in any bid and this right shall not affect the solicitation or rejection of the bid.

    • Questions and Answers

      Questions must be submitted electronically through the MSDH OpenGov Procurement portal through the "Question & Answer" tab of this project, (RFX 3160007971) - Mississippi Tobacco Quitline Services. Questions must be submitted before 2:00 pm on March 30, 2026, to ensure a response by MSDH. Responses to questions will be posted to the project page on the MSDH OpenGov Procurement portal at https://procurement.opengov.com/portal/msdh. Questions received after the due date and time of questions may be considered for response, although there is no guarantee as to if or when a response will be provided. It is the Bidder’s sole responsibility to regularly monitor the website for amendments and/or announcements concerning this IFB.

    • V. Obligations of MSDH
          1. MSDH shall provide Business Associate with the Notice of Privacy Practices that MSDH produces in accordance with 45 C.F.R. § 164.520, as well as any changes to such Notice of Privacy Practices, upon request.
          2. MSDH shall notify Business Associate of any limitation(s) in its Notice of Privacy Practices to the extent that such limitation may affect Business Associate's Use or Disclosure of PHI.
          3. MSDH shall notify Business Associate of any changes in, or revocation of, permission by an Individual to Use or Disclose PHI, to the extent that such changes may affect Business Associate's Use or Disclosure of PHI.
          4. MSDH shall notify Business Associate of any restriction to the Use or Disclosure of PHI that MSDH has agreed to in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate’s Use or Disclosure of PHI.
          5. Permissible Requests by MSDH: MSDH shall not request Business Associate to Use or Disclose PHI in any manner that would not be permissible under the Privacy Rule if done by MSDH, except as provided for in Section (IV) of this Agreement.
    • 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. If submitted electronically through the MSDH OpenGov Procurement portal, Bidder may "unsubmit" their bid until the due date and time for bids has passed.

      An 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 180 calendar days from the bid due date.

    • Acknowledgment of Amendments

      Should an amendment to the IFB be issued, it will be posted on the Procurement Portal and the MSDH OpenGov Procurement Portal in a manner that all bidders will be able to view. Bidders shall acknowledge receipt of any amendment to the IFB by electronically signing the amendment in the MSDH OpenGov Procurement Portal, or by email.

      Should any bidder fail to submit all necessary acknowledgement(s) with its bid, the Agency shall have the sole discretion as to whether to request a bidder to submit the required acknowledgement(s) after the bid submission deadline but prior to issuance of the Notice of Intent to Award. The Agency shall exercise that discretion in a manner that is fair to all bidders. Any bidder who does not provide the Agency acknowledgement(s) of every amendment issued may be deemed non-responsive and not eligible for award. Bidders are responsible for monitoring both websites for any updates or amendments to the IFB. Each Bidder shall submit a written acknowledgment of every amendment to the MSDH on or before the submission deadline.

    • Insurance

      The Vendor shall ensure that the professional staff and other decision-making staff shall be required to carry professional liability insurance in an amount commensurate with the professional responsibilities and liabilities under the terms of this Solicitation.

      The Vendor shall obtain, pay for and keep in force during the Contract period general liability insurance against bodily injury or death in an amount commensurate with the responsibilities and liabilities under the terms of this Solicitation.

    • VI. Terms and Termination
          1. Term. For any new Underlying Agreement(s) entered into between MSDH and Business Associate, the effective date of this Agreement is the effective date of the Underlying Agreement(s) entered into between MSDH and Business Associate. For any ongoing Underlying Agreement(s) entered into between MSDH and Business Associate, the effective date of this Agreement is the date first herein written. This Agreement shall terminate when all of the PHI provided by MSDH to Business Associate or created or received by Business Associate on behalf of MSDH, is destroyed or returned to MSDH, or, if it is infeasible to return or destroy PHI, protections are extended to such information in accordance with the termination provisions in this Section. Termination of this Agreement shall automatically terminate the Underlying Agreement(s).
          2. Termination for Cause. Upon MSDH's knowledge of a material Violation by Business Associate, MSDH shall, at its discretion, either:
            1. provide an opportunity for Business Associate to cure or end the Violation within a time specified by MSDH, after which MSDH may in its discretion terminate this Agreement and the Underlying Agreement(s) if Business Associate does not cure or end the Violation within the time specified by MSDH; or
            2. immediately terminate this Agreement and the associated Underlying Agreement(s) if Business Associate has broken a material term of this Agreement and cure is not possible.
          3. Effect of Termination.
            1. Upon termination of this Agreement and the Underlying Agreement(s) for any reason, Business Associate shall return or destroy all PHI received from or created or received by Business Associate on behalf of, MSDH in accordance with State and Federal retention guidelines. This provision shall also apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI.
            2. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to MSDH notification of the conditions that make return or destruction infeasible. Upon notification in writing that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further Uses and Disclosures to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI.
            3. Reproductive Health Care Disclosure Prohibited: Business Associate shall not disclose or respond to any request or demand for PHI that is actually or potentially related to reproductive health care where the request or demand is for the purpose of health oversight activities, law enforcement activities, judicial or administrative proceedings, or disclosures to coroners and medical examiners. Business Associate agrees that it will not use, disclose, transmit, or otherwise provide PHI for the purpose(s) of a) identifying an individual, conducting a criminal, civil or administrative investigation about an individual, or imposing criminal, civil or administrative liability upon an individual, for the mere act of seeking, obtaining, providing or facilitating lawful reproductive health care services.
            4. Business Associate will require that any request or demand for PHI under this section be accompanied by a signed and valid attestation ensuring that the PHI sought is not for a prohibited purpose. Any request or demand for such PHI must be forwarded to the Department for review, together with the signed attestation from the requesting party.
    • VII. Miscellaneous
          1. Statutory and Regulatory References. A reference in this Agreement to a section in HIPAA, its implementing regulations, or other applicable law means the section as in effect or as amended, and for which compliance is required.
          2. Amendments/Changes in Law.
            1. General. Modifications or amendments to this Agreement may be made upon mutual agreement of the Parties, in writing signed by the Parties hereto and approved as required by law. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this Agreement. Such modifications or amendments signed by the Parties shall be attached to and become part of this Agreement.
            2. Amendments as a Result of Changes in the Law. The Parties agree to take such action as is necessary to amend this Agreement as is necessary to effectively comply with any subsequent changes or clarifications of statutes, regulations, or rules related to this Agreement. The Parties further agree to take such action as is necessary to comply with the requirements of HIPAA, its implementing regulations, and other applicable law relating to the security and privacy of PHI.
            3. Procedure for Implementing Amendments as a Result of Changes in Law. In the event that there are subsequent changes or clarifications of statutes, regulations or rules relating to this Agreement, or the Parties’ compliance with the laws referenced in Section (VII)(b) of this Agreement necessitates an amendment, the requesting party shall notify the other party of any actions it reasonably deems are necessary to comply with such changes or to ensure compliance, and the Parties promptly shall take such actions. In the event that there shall be a change in the federal or state laws, rules or regulations, or any interpretation of any such law, rule, regulation, or general instructions which may render any of the material terms of this Agreement unlawful or unenforceable, or materially affects the financial arrangement contained in this Agreement, the Parties may, by providing advanced written notice, propose an amendment to this Agreement addressing such issues.
          3. Survival. The respective rights and obligations of Business Associate provided for in Sections (III)(j) and (VI)(c) of this Agreement shall survive the termination of this Agreement.
          4. Interpretation. Any ambiguity in this Agreement shall be resolved to permit MSDH to comply with HIPAA, its implementing regulations, and other applicable law relating to the security and privacy of PHI.
          5. Indemnification. To the fullest extent allowed by law, Business Associate shall indemnify, defend, save and hold harmless, protect, and exonerate MSDH, its employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorney’s fees, arising out of or caused by Business Associate and/or its partners, principals, agents, and employees in the performance of or failure to perform this Agreement. In MSDH’s sole discretion, Business Associate may be allowed to control the defense of any such claim, suit, etc. In the event Business Associate defends said claim, suit, etc., Business Associate shall utilize legal counsel acceptable to MSDH. Business Associate shall be solely responsible for all costs and/or expenses associated with such defense, and MSDH shall be entitled to participate in said defense. Business Associate shall not settle any claim, suit, etc. without MSDH’s concurrence, which MSDH shall not unreasonably withhold.

            MSDH’s liability, as an entity of the State of Mississippi, is determined and controlled in accordance with Mississippi Code Annotated § 11‐46‐1 et seq., including all defenses and exceptions contained therein. Nothing in this Agreement shall have the effect of changing or altering the liability or of eliminating any defense available to the State under statute.
          6. Disclaimer. MSDH makes no warranty or representation that compliance by Business Associate with this Agreement, HIPAA, its implementing regulations, or other applicable law will be adequate or satisfactory for Business Associate’s own purposes or that any information in Business Associate’s possession or control, or transmitted or received by Business Associate, is or will be secure from unauthorized Use or Disclosure. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.
          7. Notices. Any notice from one party to the other under this Agreement shall be in writing and may be either personally delivered, emailed, or sent by registered or certified mail in the United States Postal Service, Return Receipt Requested, postage prepaid, addressed to each party at the addresses which follow or to such other addresses provided for in this Agreement or as the Parties may hereinafter designate in writing:

            MSDH: (Covered Entity)

            Privacy Officer
            Mississippi State Department of Health
            570 East Woodrow Wilson
            Suite O-150
            P.O. Box 1700
            Jackson, MS 39215
            601-576-7874

            IT Security Officer
            Mississippi State Department of Health
            570 East Woodrow Wilson
            Suite O-450
            P.O. Box 1700
            Jackson, MS 39215
            601-576-7821

            Business Associate:

            Name of Business: _____________
            Attn: ________________________
            Title: ________________________
            Address: _____________________
            Phone: ______________________
            Email: _______________________

            Any such notice shall be deemed to have been given as of the date transmitted.
          8. Severability. It is understood and agreed by the Parties hereto that if any part, term, or provision of this Agreement is by the courts or other judicial body held to be illegal or in conflict with any law of the State of Mississippi or any federal law, the validity of the remaining portions or provisions shall not be affected and the obligations of the parties shall be construed in full force as if this Agreement did not contain that particular part, term, or provision held to be invalid.
          9. Applicable Law. This Agreement shall be construed broadly to implement and comply with the requirements relating to HIPAA and its implementing regulations. All other aspects of this Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of the State. Business Associate shall comply with applicable federal, state, and local laws, regulations, policies, and procedures as now existing and as may be amended or modified. Where provisions of this Agreement differ from those mandated by such laws and regulations, but are nonetheless permitted by such laws and regulations, the provisions of this Agreement shall control.
          10. Non‐Assignment and Subcontracting. Business Associate shall not assign, subcontract, or otherwise transfer this Agreement, in whole or in part, without the prior written consent of MSDH. Any attempted assignment or transfer of its obligations without such consent shall be null and void. No such approval by MSDH of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of MSDH in addition to the total compensation agreed upon in this Agreement. Subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that MSDH may deem necessary. Subject to the foregoing, this Agreement shall be binding upon the respective successors and assigns of the parties. MSDH may assign its rights and obligations under this Agreement to any successor or affiliated entity.
          11. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior discussions, instructions, directions, understandings, negotiations, agreements, and services for like services.
          12. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and their respective successors, heirs, or permitted assigns, any rights, remedies, obligations, or liabilities whatsoever.
          13. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself and any workforce members, contractors, subcontractors, representatives, agents, affiliates, or subsidiaries assisting Business Associate in the fulfillment of its obligations under this Agreement, available to MSDH, at no cost to MSDH, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against MSDH, its directors, officers, or any other workforce member based upon claimed Violation of HIPAA, its implementing regulations, or other applicable law, except where Business Associate or its workforce members, contractors, subcontractors, representatives, agents, affiliates, or subsidiaries are a named adverse party.

       

      [Signature Page Follows]

       

      Business Associate:   
      __________________________________________          
                         
      By:_____________________________________  By:_____________________________________
       (Authorized Signature)   (Authorized Signature)
                         
      Print Name:_______________________________  Print Name:______________________________
      Title:____________________________________  Title:____________________________________
      Address:_________________________________  Address:_________________________________
      Phone Number:___________________________  Phone Number:____________________________
      Date:___________________________________  Date:____________________________________
            
      Mississippi State Department of Health    
           
      By:_____________________________________    
       (Authorized Signature)          
                         
      Print Name:_______________________________          
      Title:___________________________________          
      Address:_________________________________          
      Phone Number:___________________________          
      Date:___________________________________          
    • 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 that is not complete and/or unsigned 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.

    • Expenses Incurred in the Procurement Process

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

    • Corrections and Clarifications

      MSDH reserves the right to request clarifications or corrections to bids. Any bid received which does not meet any of the requirements of this IFB, including clarification or correction requests, may be considered non-responsive and eliminated from further consideration.

    • Cancellation of Solicitation or Rejection of Individual Bids

      At MSDH’s sole discretion, an IFB may be canceled or any or all responses to the solicitation may be rejected, in whole or in part, when MSDH determines that it is in the Agency’s best interest to do so. 

    • Bid Evaluation

      All bids received in response to this IFB by the stated deadline will receive a comprehensive, fair, and impartial evaluation based on the requirements outlined in this IFB. No criteria other than those outlined in this IFB will be used in an evaluation. Only Bidders who are found responsive and responsible will have their bids considered. The Contract shall be awarded to the Bidder who is responsible and responsive and submitted the lowest cost bid.

      All bids will be evaluated based on: (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; and (3) which of the responsive and responsible bidders submitted the lowest overall price.

      Responsive Bidder
      Bidder must submit its bid, including all required attachments and other documents, in a manner that conforms in all material aspects to this IFB as determined by MSDH.

    • 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 five (5) business days of being offered an award. Sole proprietors are not required to register with the Secretary of State.

    • Basis for Award

      The Agency is required to contract with the responsive and responsible vendor(s) who submitted the lowest bid price(s).

    • 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.

    • Notice of Intent to Award

      The Notice of Intent to Award for this procurement will be made available to the public through posting on the MSDH OpenGov Procurement Portal. All participating Bidders will be notified of MSDH's intent to award a contract and identify the selected Bidder.

      The successful vendor is instructed not to begin work, purchase materials, or enter into subcontracts relating to the project or services until execution of the contract.

    • 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.

    • State Approval

      It is understood that this contract may require approval by the PPRB. If required and if this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

    • Request for Reconsideration of the Intent to Award

      An Bidder who responded to an IFB has an opportunity to request that MSDH reconsider its intent to award the contract to specific Bidder(s). Any such request shall be filed with MSDH within three (3) business days following issuance of the Notice of Intent to Award in compliance with Sections 5.6.1, 5.6.1.1, 5.6.1.2 of the OPSCR Rules and Regulations. It shall be the sole responsibility of the requesting Bidder to ensure the request is timely received by all required parties. Failure to timely request reconsideration in compliance with this Section results in waiver of any claim a Bidder may have as to MSDH’s decision to award the contract.

      The request shall contain the requesting vendor’s name, a single contact person, all contact information for the contact person, the RFx number of the solicitation, the date the IFB was issued, and the date the Notice of Intent to Award was issued. The request shall identify which of the OPSCR Rules and Regulations and/or the terms of the IFB the requesting Bidder believes were violated by MSDH during the evaluation process, explain the factual basis for the alleged violation(s), and specify how the alleged violation(s) affected the outcome of the procurement. The request shall not be based on anything other than the MSDH Procurement File, the OPSCR Rules and Regulations, and the terms of the IFB. The request shall not be supplemented.

      MSDH shall consider the alleged violation and review the Procurement File to determine if such alleged allegation is supported. MSDH shall issue a written determination regarding the alleged violation. This decision shall become part of the Procurement File.

    • 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. MSDH is under no obligation to award a contract and may terminate a legally executed contract at any time.

    • Notice of Contract Award

      Following issuance of the Notice of Intent to Award, successful negotiation of the contract, and approval of the contract by the PPRB and any other required entities, MSDH will make a Notice of Contract Award available to the public.

    • Contract Rights

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

    • Bids as Public Record

      If a redacted copy is not submitted, MSDH shall consider the entire Bid to be public record. The redacted copy should identify which section or information has been redacted and the Bidder should 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 of the 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.

      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.

      All information requested is considered important. Failure to provide all requested information and 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 in the proper location according to the instructions herein.

    • Certification of Independent Price Determination

      By submitting a bid, the Bidder certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other Bidder or competitor for the purpose of restricting competition.

    • Applicable Law

      The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect thereto shall be brought in the courts of Mississippi.

    • Approval

      It is understood that if this contract requires approval by the Public Procurement Review Board (“PPRB”) and/or the Department of Finance and Administration Office of Personal Service Contract Review (“OPSCR”), and this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

    • Availability of Funds

      It is expressly understood and agreed that the obligation of MSDH to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of the appropriated funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, MSDH shall have the right upon ten (10) business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the MSDH of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

    • Compliance with Equal Opportunity in Employment Policy

      Contractor understands that the MSDH is an equal opportunity employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful, and Contractor agrees during the term of the agreement that Contractor will strictly adhere to this policy in its employment practices and provision of services.

    • Compliance with Laws

      Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

    • E-Payment

      Contractor agrees to accept all payments in United States currency via the State of Mississippi’s electronic payment and remittance vehicle. The Agency agrees to make payment in accordance with Mississippi “Timely Payments for Purchases by Public Bodies” laws, which generally provide for payment of undisputed amounts by the Agency within forty-five (45) calendar days of receipt of invoice. Mississippi Code Annotated § 31-7-301, et seq.

    • E-Verification

      If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3. Contractor agrees to provide a copy of each verification upon request of the MSDH subject to approval by any agencies of the United States Government. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws. The breach of this clause may subject Contractor to the following: (1) termination of this contract and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations; (2) the loss of any license, permit, certification or other document granted to Contractor by an agency, department, or governmental entity for the right to do business in Mississippi; or (3) both. In the event of such termination, Contractor would also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss of license or permit to do business in the state.

    • Offeror's Representation Regarding Contingent Fees

      By executing the contract, the Contractor represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the contractor cannot make such a representation, a full and complete explanation shall be submitted in writing to the Agency prior to contract execution.

    • Procurement Regulations

      This contract 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 (www.dfa.ms.gov). Any bidder or offeror 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.

    • Representation Regarding Gratuties

      Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of MSDH a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Contractor further represents that no employee or former employee of MSDH has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by contractor. Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

    • Required Public Records and Transparency

      Upon execution of a contract, the provisions of the contract which contain the personal or professional services provided, the unit prices, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information pursuant to Mississippi Code Annotated § 25- 61-9(7). The contract shall be posted publicly on www.transparency.ms.gov and shall be available for at the Agency for examination, inspection, or reproduction by the public. The Contractor acknowledges and agrees that the MSDH and this contract are subject to the Mississippi Public Records Act of 1983 codified at Mississippi Code Annotated §§ 25-61-1, et seq. and its exceptions, Mississippi Code Annotated § 79-23-1, and the Mississippi Accountability and Transparency Act of 2008, codified at Mississippi Code Annotated §§ 27-104-151, et seq.

    • Stop Work Order

      The MSDH may, by written order to Contractor at any time, require Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by the MSDH. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to the MSDH. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the MSDH has terminated that part of the agreement or terminated the agreement in its entirety. The MSDH is not liable for payment for services which were not rendered due to the stop work order.

    • Termination

      Termination for Convenience. The MSDH may, when the interests of the Agency so require, terminate this contract in whole or in part, for the convenience of the Agency. The MSDH shall give written notice of the termination to Contractor specifying the part of the contract terminated and when termination becomes effective. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination Contractor will stop work to the extent specified. Contractor shall complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

      Termination for Default. If the MSDH gives the Contractor a notice that the personal or professional services are being provided in a manner that is deficient, the Contractor shall have thirty (30) days to cure the deficiency. If the Contractor fails to cure the deficiency, the MSDH may terminate the contract for default and the Contractor will be liable for the additional cost to the MSDH to procure the personal and professional services from another source. Termination under this paragraph could result in Contractor being excluded from future contract awards pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations. Any termination wrongly labelled termination for default shall be deemed a termination for convenience.

    Submission Requirements

    • Bidder Representative - Name (required)
    • Bidder Representative - Title (required)
    • Bidder Representative - Complete Mailing Address (required)
    • Bidder Representative - Telephone Number (required)
    • Bidder Representative - Email Address (required)
    • MAGIC Vendor ID Number (required)

      Enter your MAGIC Vendor Number here. This is a ten (10) digit number that begins with 310. This information must be submitted accurately.

      Please see below for additional guidance:

      • If you ARE registered with the MAGIC eProcurement system and do not know your MAGIC Vendor number, you may contact the MAGIC helpdesk by calling (601) 359-1343 or by emailing mash@dfa.gov for assistance. Webpage Call Center.                  (Do NOT create a new vendor number)
      • If you are NOT registered, please visit the registration page here: MAGIC eProcurement system. If you require assistance, you may access the Call Center page for both a phone number and email as well as business hours for assistance.
    • Paymode (required)

      Is Offeror currently registered with PayMode?

    • Authorized Business in Mississippi (required)

      Is Offeror in compliance with Mississippi Code Annotated § 79-4-15.01 regarding authorization to transact business in Mississippi?

    • References (required)

      Please submit a minimum of three (3) references.

      For each reference, please provide the following:

      • Client Name
      • Contact Name and Title
      • Contact Address
      • Contact Telephone Number
      • Email Address
      • Type of work provided
      • Contract effective dates for performance of work
    • Release of the Bid as Public Record (required)

      Bidders shall acknowledge which of the following statements is applicable regarding release of its bid document as a public record. A bidder may be deemed non-responsive if the bidder does not acknowledge either statement, acknowledges both statements, or fails to comply with the requirements of the statement acknowledged.

      Choose one:

    • Confirmation of Non-Collusion (required)

      Offeror hereby certifies that the fees submitted in response to this IFB have been arrived at independently and without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to those fees, the intention to submit a bid, or the methods or factors used to calculate the fees proposed. In submitting a bid, we certifies that the price submitted was independently arrived at without collusion.

    • Contingent Arrangements (required)

      Offeror hereby certifies that they _____ retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract.

    • Audited Financial Statements (required)

      Please submit Independently Audited Financial Statements as part of your submittal to this IFB.

    • Additional Information

      For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

      This includes but is not limited to a redacted copy (if applicable) of the Offeror's submittal in which all information deemed to be confidential commercial and financial and/or trade secrets is redacted in black.

    • IFB Confirmation (required)

      Offeror confirms and acknowledges that they have read this IFB in its entirety and fully understands all requirements. Submitting party further confirms that they are authorized on behalf of the vendor to submit such a bid.

    • Basis for Award (required)

      What do you intend to be the basis for determining your low bidder for this IFB?

    • Minimum Qualifications?

      Are there minimum requirements or prerequisites for vendors submitting a quote for this IFB?

      If so, which of the following apply?

      If there are no prerequisites or minimum requirements for this IFB then you may skip this question.

    • Number of Years (required)

      What is the minimum number of years of experience required by the vendor?

      Your answer should be structured as if filling in the highlighted area below:

      Contractor must have been in business and provided services similar in requirements and scale to those described in this IFB for a minimum of ____ years.

    • Independently Audited Financial Statements? (required)

      Will the vendor be required to submit Independently Audited Financial Statements as part of their submittal to this IFB?

    • Period of Performance - Start (required)

      What is the estimated calendar date on which the period of performance for services obtained through this IFB shall begin?

      EXAMPLE:
      July 1, 2025

    • Period of Performance - End (required)

      What is the estimated calendar date on which the period of performance for services obtained through this IFB shall end?

      EXAMPLE:
      July 1, 2025

    • Registration with Secretary of State (required)

      How many business days after the offer will the successful Bidder have to register with the Mississippi Secretary of State if they are not already registered?

      Be sure to state in both written and numeric value.

      NOTE: Sole proprietors are not required to register with the Secretary of State.

    • Duration of Valid Bid (required)

      For how many calendar days will a bid remain valid after the bid due date?

      Be sure to state in both written and numeric value.

      NOTE: You are filling in the highlighted section below:

      Any submitted bid shall remain a valid bid for ______ calendar days from the bid due date.

    • References Required? (required)

      Select if you want to require references to minimum qualifications.

      (This will add minimum of 5 business days before a vendor may be selected)

    • Number of References Required (required)

      What is the minimum number of references that Offerors are required to submit?

      Please specify using the following format:

      three (3)

    • Federal Grant? (required)

      Is there any federal grant money being used with this procurement?

    • Business Associate Agreement? (required)

      Will the business associate agreement be used?

    • Funding Information
    • Cost Center (required)

      Please specify the cost center information. Be sure to include the % of each cost center. If there are multiple cost centers, please separate each with a comma and be sure they add up to 100% or your posting will not be approved.

      EXAMPLE 1
      1301010707  100%

    • Functional Area (required)

      Please specify the functional area information. Be sure to include the % of each functional area. If there are multiple functional areas, please separate each with a comma and be sure they add up to 100% or your posting will not be approved.

      EXAMPLE 1
      13010101000000DV  100%

    • Internal Order (required)

      Please specify the internal order information. Be sure to include the % of each internal order. If there are multiple internal orders, please separate each with a comma and be sure they add up to 100% or your posting will not be approved.

      EXAMPLE 1
      30000035771  100%

    Questions & Answers

    Q (No subject): Has the current contract gone full term? Have all options to extend the current contract been exercised?

    A: N/A, Currently no contract in place.


    Q (No subject): Who is the incumbent, and how long has the incumbent been providing the requested services?

    A: N/A, Currently no contract in place.


    Q (No subject): Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if applicable.

    A: N/A, Currently no contract in place.


    Q (No subject): How are fees currently being billed by any incumbent(s), by category, and at what rates?

    A: N/A, Currently no contract in place.


    Q (No subject): What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)?

    A: N/A Currently, there is no contract in place.


    Q (No subject): To what extent will the location of the bidder’s proposed location or headquarters have a bearing on any award?

    A: N/A Services or telehealth.


    Q (No subject): What is the maximum wait time?

    A: Calls are typically answered within 30 seconds.


    Q (No subject): What time of day, days of the week, or times of the year do calls typically peak?

    A: Calls are typically answered within 30 seconds.


    Q (No subject): What is the maximum hold time?

    A: Calls are typically answered within 30 seconds.


    Q (No subject): What is the maximum percentage of calls that can be terminated by the caller without resolution?

    A: This data is not currently tracked or captured.


    Q (No subject): What are the call center's hours of operation?

    A: 24/7 (Sunday – Saturday)


    Q (No subject): What are the required language options?

    A: English, Spanish, French, Korean, Vietnamese, Russian, Greek, Deaf and Hard of Hearing, and Deaf and Hard of Hearing with video relay.


    Q (No subject): What is the required degree of dedication for the call center?

    A: The Quitline call center must be readily available for Mississippi callers 24 hours a day, seven days a week.


    Q (No subject): What is the required degree of dedication for the operators?

    A: Ideally, operators must be trained tobacco treatment specialists.


    Q (No subject): What was your average monthly call volume over the past year?

    A: Fiscal year 2025 (July 1, 2024 – June 30, 2026), the Quitline call volume was 5,422.


    Q (No subject): What is the current number of seats for operators and supervisors at your existing call center?

    A: The Mississippi State Department of Health does not specify the number of operators assigned to handle calls. The vendor is responsible for ensuring sufficient staffing levels to meet the requirements outlined in the scope of services.


    Q (No subject): What is the current average wait time for phone calls?

    A: The most recent “wait time” data available is for fiscal year 2024 (July 1, 2023 – June 30, 2024). 1919 calls were answered live (live answer call rate). 1705 calls were answered within 30 seconds; 214 calls were answered after more than 30 seconds.


    Q (No subject): What is the current average handle time for phone calls and other types of communications?

    A: This data is not currently tracked or captured.


    Q (No subject): What is the current average after-call work time for operators?

    A: 3,963 calls.


    Q (No subject): Over the past year, what is the percentage of calls received in English versus non-English?

    A: 5 calls.


    Q (No subject): Over the past year, what percentage of calls received were in Spanish?

    A: Peak times for the Quitline vary from month to month. Call volumes typically increase during national and state media campaigns.


    Q (No subject): Why has this bid been released at this time?

    A: The Mississippi State Department of Health is seeking to procure the services of a Quitline vendor.


    Q (No subject): Does this replace solicitation 2025-REQ-266 that was due 1/30/2026? What happened to that solicitation?

    A: Due to the State of Mississippi procurement rules and regulations, the project must be solicited as an Invitation for Bids (IFB).


    Q (No subject): Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do you have any preference for how bidders should quote fees or can bidders create their own pricing categories?

    A: No. No, bidders must submit proposals in accordance with the outlined pricing table and specified categories.


    Q (No subject): Please reconfirm the due date for this procurement by providing it in response to answers to questions.

    A: April 24, 2026.


    Q (Submission): A few question: (1) Is there an implementation grace period as far as making sure these services are available? Or is that day 1? Or will there be enough time between bid approval and the start date to make sure services are avaialble? (2) Is the vendor given access to the quitnow website once the bid has been approved? (3) Is there an existing text a coach/email services platform available or will the vendor need to have its own text and email platform? (4) Will bids be reviewed and evaluated based on meeting the minimum requirements and lowest bid? Or will additional services that are able to be offered be considered in the award process? Thanks. Jonathan Hontzas jhontzas@umc.edu

    A: 1. The selected vendor must be prepared to begin services immediately upon contract award. 2.Yes, the selected vendor will have access to QuitNow calls. The Office of Adult Health: Tobacco Control will ensure that calls are appropriately routed to the selected vendor. 3. The vendor is expected to have the capacity to provide all services, including text-a-coach, email, digital, and other related support. 4. The Agency provides a detailed scope of services and the minimally acceptable vendor qualifications. The Agency is required to contract with the responsive and responsible vendor(s) who submitted the lowest bid price(s). An IFB requires that the Agency use objective factors to determine whether the vendor is responsive, responsible, and submitted the lowest bid.


    Q (Previous vendor): Who is the current or most recent vendor for this work?

    A: There is currently no vendor; Consumer Wellness was the previous vendor.


    Q (Budget): What is the budget for this project? If you're not able to share the budget, what was the budget for the previous iteration of this contract?

    A: N/A.


    Q (No subject): Can the State provide the evaluation criteria and/or scoring matrix, including any applicable weighting, that will be used to assess proposals under this IFB?

    A: The Agency provides a detailed scope of services and the minimally acceptable vendor qualifications. The Agency is required to contract with the responsive and responsible vendor(s) who submitted the lowest bid price(s). An IFB requires that the Agency use objective factors to determine whether the vendor is responsive, responsible, and submitted the lowest bid.


    Q (No subject): Are vendors permitted to provide a supplemental budget narrative to accompany the IFB’s budget template?

    A: As outlined in the IFB: Additional Information: For any additional information requested or required by any of your previously provided answers or as stated within this IFB, please upload the additional documentation here. This includes but is not limited to a redacted copy (if applicable) of the Offeror's submittal, in which all information deemed to be confidential, commercial, and financial and/or trade secrets is redacted in black.


    Q (No subject): The RFP specifies that the Quitline vendor will monitor and report the number of enrollments for email services. Can MSDH please clarify whether this requirement refers to: A. Participants who enroll directly via an email-based intake or enrollment pathway, or B. The number of participants who opt in to receive email communications (e.g., educational content, reminders) as part of another service, such as phone or web enrollment?

    A: A – This requirement refers to the number of Participants who enroll directly via an email-based intake or enrollment pathway.


    Q (No subject): The RFP specifies that the Quitline vendor will submit quarterly reports on tobacco cessation training efforts using the tobacco control program online data reporting system. Can MSDH please clarify the scope of reporting expected for this requirement? Specifically, does this reporting pertain only to online trainings conducted or supported by the vendor, or should it include other training activities?

    A: Yes, this refers to online referral training conducted by the vendor. These training requests will typically be made by the MSDH Office of Adult Health: Tobacco Control.


    Q (No subject): Can MSDH clarify whether the detailed supporting documentation required with each invoice (e.g., payroll registers, receipts, canceled checks) is mandatory for all vendors, or if alternative documentation (e.g., summary financial reports, attestation) would be acceptable?

    A: Yes, detailed supporting documentation is required with each invoice.


    Q (No subject): Are there thresholds (e.g., dollar amount or cost category) where supporting documentation is required vs. summary reporting is acceptable?

    A: No.


    Q (No subject): What is the expected contract start date and transition period?

    A: The expected start date is July 1, 2026; transition period, N/A.


    Q (No subject): Are there any state-specific cybersecurity requirements beyond standard HIPAA compliance?

    A: No, vendors are expected to have the necessary security requirements in place to safeguard participants' information.


    Q (No subject): What level of customization is expected for reports (e.g., are standard NAQC reports acceptable)?

    A: MONTHLY REPORTS: 1. Total incoming calls 2. Live response rate 3. Average speed of answer 4. Messages left 5. Number of participants registered for services by type of participant (tobacco user, proxy, and provider) 6. First-time participants vs. Repeat participants 7. Other calls (calls not resulting in registered client): public/info, prank, wrong number, etc. 9. Tobacco users by type of tobacco 10. Use of Marijuana/THC products 11. Pregnancy status (pregnant, post-partum, breastfeeding, planning pregnancy) 12. Tobacco users by race 13. Tobacco users by ethnicity 14. Tobacco users by gender 15. Tobacco users by age 16. Tobacco users by education 17. Tobacco users by language 18. “How heard about” responses with customization based upon state promotional efforts 19. Participants by health plan 20. Participants by mental and or behavioral health status 21. Participants by Chronic diseases 22. Referrals and services provided 23. Total services provided in the current month (current month’s registrants) 24. Services provided to tobacco users in the current month 25. Services provided to web participants in the current month 26. Services provided to behavioral health participants in the current month 27. Services provided to clients during the month, regardless of registration date • Single call intervention: registered, completed, attempt letter, materials only • Multiple call intervention: registered, completed 1st, 2nd, 3rd, 4th calls, etc. attempt letter, ad-hoc calls) • Web-based interventions • Text-based interventions • Pharmacology sent out • Materials (aka “quit kits”) sent to registrants (number by type) 28. Services provided to Medicaid beneficiaries in the current month 29. Services provided to behavioral health participants in the current month QUARTERLY REPORTS: 1. Race by county 2. Gender by county 3. Ethnicity by county 4. Participant type by county 5. Income (utilizing BRFSS (Behavioral Risk Factor Surveillance System income ranges) 6. Insurance status 7. Health Plan 8. Employment status -Note: employer name must be included in the client database, but not reported in monthly or quarterly reports 9. An export of the 'raw,' patient database as a comma-delimited file validated by MSDH for import into existing SPSS templates. 10. Provide data report to the National Quitline Data Warehouse. 11. Aggregate Data Set by Program Participant (exclusive of any monthly reporting) • Number of counseling sessions by participant during the service period (from the date of intake to the date that the participant stops receiving those services [this would imply an aggregated list by quarter of the participants that finished their corresponding service period]) • Number of NRT orders by participant during the service period • Sociodemographic variables • Insurance type • Referral type • Referral source • Motivation to quit • Number of completed counseling sessions


    Q (No subject): Can MSDH provide sample report templates or examples of expected deliverables?

    A: All deliverable expectations are detailed in the IFB; please refer to the scope of work for specifics.


    Q (No subject): For raw data file submissions, are there specific formatting or platform requirements beyond what is listed (e.g., SPSS templates, SFTP specifications)?

    A: Please refer to the data management section on the scope of work. Data Management: 1. The Quitline vendor will meet all data submission requirements outlined in this Scope of Work. Failure to meet these requirements may impact the timely payment of reimbursement requests and the opportunity for future funding. Deliverable: Upload data submission to the SFTP or other file share medium monthly, as outlined in the Scope of Work.


    Q (No subject): Can MSDH provide historical or estimated annual call volume, enrollment, and NRT utilization to inform pricing assumptions?

    A: Fiscal year 2025, the Quitline's call volume was 5,422; Quitline Enrollments: 2,205; NRT utilization 3,893.


    Q (No subject): Can MSDH provide more detail on the existing EHR systems referenced (e.g., UMMC, Coastal Family Health)?

    A: The listed facilities use the Epic EHR system.


    Q (No subject): What level of integration is expected (e.g., bidirectional, HL7, simple referral portal)?

    A: The vendor is responsible for ensuring that any referral solution, whether a portal or integrated system, is secure and fully compatible with existing EHR platforms (such as Epic EHR). While a specific integration model is not mandated, the solution should be capable of supporting standard healthcare data exchange practices (e.g., HL7) and, where applicable, allow for bidirectional data sharing to facilitate efficient referral management. At a minimum, a secure referral portal is required, but vendors are encouraged to propose more advanced integration approaches that enhance interoperability and streamline workflows.


    Q (No subject): Are there existing assets (e.g., website, data systems) that will transfer to the awarded vendor?

    A: No, there are no existing assets (such as websites, data systems, or platforms) that will transfer to the awarded vendor. The vendor is expected to have, or be prepared to provide, all necessary resources, systems, and operational platforms required to support and carry out the scope of work.


    Q (No subject): Can the state clarify the minimum age of a participant to receive any services under this contract?

    A: Quitline participants must be 18 years of age or older.


    Q (No subject): Can the state clarify the intended frequency for delivery of quit rate and satisfaction data?

    A: This is a yearly deliverable.


    Q (No subject): Can the state confirm that the only reimbursable line items are those listed in the bid form (i.e., telephone counseling, contractual services, and nicotine replacement therapy)?

    A: All services must be billed strictly in accordance with the line items specified in the bid form.


    Q (No subject): Would MSDH consider a fee-for-service or fixed-price model in lieu of cost-reimbursement with detailed supporting documentation?

    A: No


    Q (No subject): Can MSDH clarify expectations for indirect cost documentation and whether a federally negotiated indirect rate (NICRA) would be accepted in lieu of detailed allocation support?

    A: This is an independent contract; therefore, there is no expectation for indirect cost documentation.


    Q (No subject): Will the State accept a cost narrative in support of Bid Proposal?

    A: There is a required bid form in the solicitation; please use the form included.


    Q (No subject): Are there budget caps or anticipated funding ranges associated with this procurement?

    A: Please provide your best and final offer.


    Q (No subject): Would MSDH consider modifications to contract terms related to indemnification and liability?

    A: These are board-required terms and are non-negotiable.


    Q (No subject): Are bidders required to submit a Certificate of Insurance at the time of bid submission?

    A: Not required, but would be acceptable.


    Q (No subject): Are bidders permitted to submit a budget narrative? If so, in what format(s) will this be permitted?

    A: There is a required bid form in the solicitation; please use the form included.


    Key dates

    1. March 23, 2026Published
    2. April 24, 2026Responses Due

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    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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