2015-DOI-001 RFR PRODUCER LICENSING APRIL 2015.docx

The Commonwealth of Massachusetts Office of Consumer Affairs and Business Regulation

Division of Insurance

1000 Washington Street, Suite 810, Boston, MA 02118

Request for Responses (RFR)

Insurance Producer Examination and Educational Services

RFR-2015-DOI-001

Deadline for Initial Responses to this RFR is June 1, 2015 2015 4:00 p.m. EST

This bid document can be found at: (http://www.commbuys.com).

PROCUREMENT SCOPE

Procurement Contact Information:

Description of Procurement: The Division of Insurance (“Division) seeks proposals to provide licensing examination and continuing education goods and services to the Massachusetts Division of Insurance for the licensure of insurance producers and other license types, as detailed below.

Responses may be limited to one or more of the service areas listed below. The Bidder shall identify which service area they are responding to by completing the Submissions Checklist at the end of the RFR. The Division may award each service area to a different contractor, or award all service areas to one contractor, depending on the best value.

The objective is to provide quality examination and education services to the Commonwealth’s insurance applicants and licensees.

The Division of Insurance is seeking to qualify one or more Contractors to provide licensing examination and continuing education goods and services for the licensure of insurance producers and other license types.

Number of awards: The Division may award each service area to a different contractor, or award all service areas to one contractor, depending on the best value.

Acquisition Method The acquisition method to acquire services from this Solicitation are “Fee for Service.” Contractor will charge and collect fees from applicants.

Contract Duration. The term of this contract is three years with three one-year options to renew.

1.6 Estimated Value of the Contract. This is a fee for service procurement. The estimated value of procurement, including anticipated renewal options, is in excess of $50,000 over the life of the contract.

Service Area #1: Examination Processing

Scope of Services for Examination Processing: The Contractor will furnish the commodities and services described in this document, which relate to the processing of licensing examinations for the following types of professionals:

Insurance Producers, pursuant to M.G.L.c. 175 § 162K Insurance Advisers/Consultants, pursuant to M.G.L.c. 175 § 177B Public Insurance Adjusters, pursuant to MGL c. 175 § 172.

Auto Damage Appraisers, written portion only, pursuant to M.G.L.c. 26 §8G and 212 CMR 2.00.

Develop Applications and Examinations - Subject to Division approval and in a manner that ensures sufficient quantities, the Contractor will design and print, at no additional charge to all candidates, a candidate handbook that will include, but may not be limited to:

List of test center locations Procedures for obtaining a license Requirements to take an examination Registration forms for examination and fees Examination process and procedures Security breach information Examination Content Outlines Sample examination questions Examination results Examination registration form Provisions for persons with disabilities Application form for license Applicable statutes and regulations

Licensing Examinations - The Contractor shall develop examinations, subject to the Division’s approval, for the following lines of insurance:

Life Accident, Health or Sickness Property Casualty Personal lines Credit, limited line credit Adviser Life Adviser Accident, Health or Sickness Adviser Property Adviser Casualty Auto Damage Appraisers Public Insurance Adjuster This list is subject to change during the duration of the contract.

The Contractor shall develop examination questions or items that will reliably measure the job related knowledge of Massachusetts license candidates. The examination questions should reflect pertinent Massachusetts laws and regulations relating to insurance.

The Contractor will organize and lead, with the Division of Insurance and various subject matter experts, an annual meeting to review contents of the examinations. The annual review may be followed by a meeting for all interested parties including, but not limited to providers, insurance associations and organizations. The contractor will assume all costs.

The Contractor must utilize a test development and review process that assures relevance to each question. It must employ methods of review that provide reasonable assurance of the validity of each examination.

The Division shall review all examination questions prior to use and shall have the authority to modify or reject any examination question which contains subject matter that does not accurately reflect insurance laws, regulations or practices in the Commonwealth.

Services regarding Auto Damage Appraisers shall be subject to the approval of the Auto Damage Appraisers Licensing Board, described in M.G.L.c. 26 §8G.

BID REQUIREMENT: The Bidder must provide a complete explanation of the development and management of its examination questions data bank and its method of developing questions.

BID REQUIREMENT: The Bidder must describe its system of security for the examination questions, candidate records and test centers and include how, in the description, the Bidder will be in compliance with regulation, 201 CMR 17.00, providing protection for personal information. Also, the contractor must indicate the method used to provide secure transmission of test results to the Division and to the candidates; in addition, describe how security breaches will be handled by the Contractor and reported to the Division.

2.1.10 The Division may request all documents, recordings and videos related to security breaches.

General Requirements

The Contractor shall establish, maintain and update, in a timely manner, an Internet website that will provide candidates and other interested parties information (including the Handbook) about the examinations and licensure processes, including exam contents outlines.

The Contractor shall work with the Division to establish appropriate Internet links to the Division’s website.

The Contractor shall offer on-line test registration to candidates, together with a secured online payment process. The Contractor shall also accept registration by mail or in-person.

The Contractor shall provide nationwide toll-free telephone service available Monday through Friday from 8:00 a.m. to 7:00 p.m., Eastern Time, to respond to candidate inquiries related to registration forms processing and examinations. This service will enable candidates and others with examination-related inquiries to speak directly with knowledgeable staff about such inquiries.

The Contractor will notify candidates in writing of deficient or incomplete registration forms within three (3) business days of receipt.

The Contractor shall maintain a supply of registration forms and candidate handbooks at each test location.

Administer Examinations The Contractor will be responsible for establishing and maintaining test locations, at a minimum, in the following metropolitan areas: Boston, Worcester, Springfield, Lowell and Brockton; and advising the Division of the number of seats available at each location for insurance examinations. Changes in specific locations must be pre-approved by the Division and any subcontracting related to examination locations must also be pre-approved by the Division.

The Contractor must administer insurance examinations for each line of authority and each license type at each exam location during the following hours; Monday – Friday, from 8:00AM – 7:00PM Eastern Standard Time; Saturdays from 8:00AM – 12:00PM Eastern Standard Time. Other examination times shall be determined in consultation with the Division.

At the request of the candidate, the Contractor shall provide a sample examination to the candidate.

The Contractor must arrange adequate testing facilities in each location. Complete access for persons with disabilities, in compliance with the Americans with Disabilities Act, must be provided at each location.

BID REQUIREMENT: The Bidder shall describe in detail:

Operations;

Personnel;

Procedures and special capabilities in operating test centers;

Security and integrity of examination procedures.

BID REQUIREMENT: The Bidder shall outline its plans for:

Registration of candidates;

Candidate payment of all fees;

Notifying candidates of examination dates, times and locations.

BID REQUIREMENT: If the Bidder proposes sites or frequency of examination administrations different than is outlined, the Bidder’s proposal must justify the proposed approach.

Below are the average numbers of examinations conducted on an annual basis (average over the past five years):

Appraisers Exam (Part I): 239 Insurance Advisers:

Property & Casualty 52 Public Insurance Adjusters: 42 Producers:

Property 1,281 Casualty 1,304 Personal Lines 5 Credit Limited Lines 12,274

Below are the site locations and the number of Massachusetts examinations provided at each location during 2014:

Process Examination Results

The Contractor must score and report all examinations in accordance with the passing scores established by the Division. The Contractor will assist the Division in setting passing scores for each examination type.

The Contractor must provide the following to candidates, upon completion of an examination:

A hard copy of the examination results.

For those who pass the examination, a numerical score report and a license application.

For those who fail the examination, a numerical score report; diagnostic information relative to that portion of the examination he/she failed; and re-examination information.

The Contractor shall transfer to the Division, by Division prescribed electronic transmission method and format, examination-related data on candidates who received a passing grade, within three (3) working days of each examination date.

BID REQUIREMENT: The Bidder must outline its plan to retain candidate records, examinations and scores, at a minimum for the term of the contract and any extension periods

The Contractor shall offer all candidates the option to complete an exit survey, which measures levels of satisfaction with test registration process, location of test sites, test administration, test center personnel, and clarity of written examination and licensing directions/information. The Contractor shall compile survey results in report form and forward it to the Division on an annual basis.

Statistical Reports - The Contractor shall provide the Division with statistical reports on a monthly basis, which include figures on candidates, examinations, administrations, including retests, fees, pass/fail results, pass/fail results by location, and any other statistical information deemed necessary by the Division to measure the performance of the examination service.

Costs

Fees from candidates taking the producer, adviser and public insurance adjuster examinations, shall be sufficient to cover all costs associated with the development and administration of the examinations. Fees shall be subject to pre-approval by the Division. Contractor’s fees will be established for the first three (3) years of the contract.

The services as outlined in this RFR shall be without cost to the Division.

The contractor must notify the Division in writing six (6) months in advance of any proposed fee changes for review and approval.

Examination fees for Auto Damage Appraisers shall be determined by the Division and collected by or forwarded to the Division in a manner to be determined.

BID REQUIREMENT: The Contractor must submit a Cost Sheet in its proposal. It shall list:

Contractor’s Examination Fee for all examinations.

Any other costs or fees associated with options that candidates may select. The Contractor must specify these options.

Administrative Responsibilities of the Division

The Division shall provide the Contractor with copies of all applicable laws, regulations and policies. The Division shall notify the Contractor in writing of any changes in such laws, regulations, license applications or policies, and provide copies of such changes.

The Division shall have sole responsibility for final approval of all registration forms.

The Division shall meet with the Contractor as reasonably requested by the Contractor.

2.8.4 The Division shall be responsible for identifying and providing subject matter experts for the annual examination reviews.

Service Area #2: CONTINUING EDUCATION ADMINISTRATION

BID REQUIREMENT: The Bidder will furnish a description of its commodities and services relative to providing continuing education (CE) services for licensees. The Bidder shall describe its ability to provide the services listed below.

The Contractor shall review, evaluate and approve CE courses for producers and public insurance adjusters using the Continuing Education Standards promulgated by the Continuing Education Course Review Committee; pursuant to M.G.L.c. 175 §177E, M.G.L.c 175 §172 and 211 CMR 50.00.

Monitoring and reporting the continuing education activity of producers and public insurance adjusters;

Technological capabilities and options available for transferring CE data to the Division on a regular basis;

Informing prospective providers with pertinent information on becoming a CE provider;

Providing licensees with information on approved CE courses;

And any other such information which relates to the administration of the CE requirements of the following types of professionals:

Insurance Producers, pursuant to M.G.L.c 175, §162L Public Insurance Adjusters, pursuant to M.G.L.c 175 §172

The Contractor shall monitor and report the CE activity required for all licensees;

The Contractor shall maintain a database of licensees, approved providers of CE and approved courses;

The Contractor shall make available to licensees a transcript report that indicates the number of credits earned and the number of credits outstanding;

The Contractor shall issue periodic reports (on a schedule TBD) to the Division, in a Division-prescribed transmission format, that allows the Division to update its licensing database with CE information and will work with the Division as needed with regard to the sharing or transmission of such CE information to others as directed.

BID REQUIREMENT: All fees to be charged to prospective licensees shall be identified on the Cost Proposal. Such fees shall be implemented and charged upon the approval of the Division.

GENERAL RFR INFORMATION

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all terms, conditions, requirements, and procedures included in this RFR must be met for a Response to be determined responsive. If a Bidder fails to meet any material term, condition, requirement, or procedures, its Response may be deemed unresponsive and disqualified.

Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. Currency. All Responses must be submitted in accordance with the specific terms of this RFR.

Procurement Calendar: The schedule of events for this solicitation, subject to amendment by the Procurement Management Team is:

Release of RFR by Division: April 22, 2015 Submission of Email Inquiries by Bidders: May 8, 2015 4:00 pm EST Response to Inquiries by Division: May 12, 2015 Submission of Responses by Bidders: June 1, 2015 Notification to Bidders (est.): June 12, 2015 Start Date of Contract: July 21, 2015

4.4 Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training & Outreach Webpage. In addition, the SDP Webinar can be located on the Supplier Diversity Program Webpage (www.mass.gov/sdp).

Supplier Diversity Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and/or Service Disabled Veteran Owned Business Enterprises (SDV)Bes) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through Comm-BUY.

COMMBUYS

COMMBUYS is the official source of information for this procurement (known as a Bid in COMMBUYS terminology) and is publicly accessible at no charge at www.commbuys.com. Information contained in this RFR document and in COMMBUYS, including file attachments, and information contained in the related Questions and Answers (Q&A), if any, are all components of the procurement, as referenced in COMMBUYS, and are incorporated into the procurement and any resulting contract.

Respondents are solely responsible for obtaining all information distributed for this procurement via COMMBUYS.

It is each Respondent’s responsibility to check COMMBUYS for:

Any amendments, addenda or modifications to this procurement, and Any Q&A records related to this procurement.

The Commonwealth accepts no responsibility and will provide no accommodation to Respondents who submit a Response to this RFR (known as a Quote in COMMBUYS terminology) based on out-of-date information received from a source other than COMMBUYS.

All Respondents agree that, if awarded a Contract: (1) they will maintain an active account in COMMBUYS; and (2) in the event the Commonwealth adopts an alternate market center system, successful Respondents will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which Respondents must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Questions specific to COMMBUYS should be made to the COMMBUYS Help Desk at commbuys@state.ma.us.

4.6.1 Bidders may not alter (manually or electronically) the Solicitation language or any Solicitation component files, except as directed in the RFR. Modifications to the body of the Solicitation, specifications, terms and conditions, or which change the intent of this Solicitation are prohibited and may disqualify a Response.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR. See Appendix C for the Commonwealth’s guidelines relating to acceptable and unacceptable costs to be charged by law firms.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request. The requirement to use EFT may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

All copies should be printed double sided.

All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

4.12.6 Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Executive Order 515, Establishing an Environmental Purchasing Policy. Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable product and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

Small Business Purchasing Program: This is a Small Procurement targeted to verified small businesses participating in the Commonwealth’s Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp. Bidders who participate in the SBPP must submit their SBPP Certificate with their Response.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated hereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Bid Duration. Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, §10, and to M.G.L.c. 4 §§7, 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Subcontracting arrangements will be considered under this procurement. Any subcontracting arrangement(s) for this procurement must be authorized in writing, in advance, by the Division. Qualified Vendors engaged to provide services under this procurement are responsible for the satisfactory performance and adequate oversight of their subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as Qualified Vendors.

Required Attachments and Commonwealth Forms: All Bidders will be required to complete, execute and return at minimum the following documents. (The forms are posted at: http://www.mass.gov/?pageID=osdmodulechunk&L=1&L0=Home&sid=Aosd&b=terminalcontent&f=osd_forms&csid=Aosd. See the Submission Checklist at the end of this RFR for a complete list of submissions and the format in which they should be submitted.

All Responses must include a fully executed Commonwealth Terms and Conditions. If the Bidder has already executed and filed the Commonwealth Terms and Conditions, please indicate this in your Response; such Bidders need not submit another with their Response. The Commonwealth Terms and Conditions shall be incorporated by reference into any Contract for Commodities and Services executed pursuant to this RFR.

All Bidders also must complete, execute and return the Standard Contract Form as an attachment to their Response. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s Response. By executing the Standard Contract Form, the Bidder certifies under the pains and penalties of perjury that it has submitted a Response to a Request for Response (RFR) issued by the Division; that this Response is the Bidder’s offer as evidenced by the execution by the Bidder’s authorized signatory; that the Bidder’s Response may be subject to negotiation by the Division, and that the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Division and included as part of the Contract upon execution of the Standard Contract by the Division’s authorized signatory.

Important Note: Bidders may not re-negotiate the Massachusetts Terms and Conditions or the Standard Contract Form. Each Bidder will be required to complete a Massachusetts Terms and Conditions, a Standard Contract Form and a Commitment Letter before being engaged under this RFR.

Contractor Authorized Signatory Listing. The Bidder’s authorized signatory must complete and sign this form.

Massachusetts Substitute W-9 Form: If a Bidder has already submitted a W-9 form and has received a valid Massachusetts Vendor number, the W-9 is not required. In all other cases, the Bidder must complete, sign and submit the W-9 form with its Response. The form is required by the Office of the Comptroller for Taxation Reporting Information and is used to assign or confirm a Massachusetts Vendor Number. A Contract cannot be executed without a valid Massachusetts Bidder Number on file with the Commonwealth. The information on this form will be used to record your place of business and identify where payments will be sent.

Submitted Responses: The Division shall be under no obligation to return any Responses or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the Commonwealth and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Response, whether or not the Response is selected for Contract award.

Clarification of Responses: The Division is not required to seek clarification of Responses, therefore, the Bidder should be as clear as possible in its Response to this RFR.

RFR Cancellation: The Division retains right to cancel this RFR, or any portion thereof, at any time prior to the execution and approval of a Contract. If this RFR is canceled, all Responses received in response to this RFR will be rejected. All expenses related to the preparation of responses to this RFR remain the responsibility of the Bidder.

No Guarantee of Purchase: The Division makes no guarantee that any purchases will take place from any Contract resulting from this RFR, nor does the Division guarantee any minimum quantity of purchases from any Contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of Bidders, and are not relied upon as any indication of future purchase levels. The Bidder may not place, as a condition from providing a cost proposal, any minimum purchase requirements.

Bidder Contact: The Bidder must provide in its response the name of an individual who will be the contact for the term of the Contract. The contact will be responsible for proper operation and administration of the Contract by the Vendor and must be the direct interface and Single Point of Contact (SPOC) for the Division.

Performance Measures: The performance of the Vendor in regards to providing examination and continuing education services must be of the highest quality. Substandard performance includes, but is not limited to:

Untimely submission and non-submission of required reports, memos, analysis, etc.;

Repeated complaints regarding the Vendor by the Project Manager, examination candidates, licensees, other Division personnel and/or company subject personnel;

Repeated failure to adhere to established schedules and deadlines.

SUBMISSION OF RESPONSES

Format: Responses must be in writing and on 8-½” x11” recycled paper. All Response copies should be printed double-sided. The Bidder is required to follow the sectional format specified in the Submissions Checklist in Appendix A located at the end of this document.

Written (Email) Inquiries: Bidders may submit written inquiries via email concerning any part or attachment of this RFR to the Procurement Team Leader (“PTL”). Written inquiries regarding issues outside the scope of this RFR will not be considered by the PMT. The Deadline for Submissions of Email Inquiries is May 8, 2015, 4:00 pm EST. The PML shall not respond to inquiries received after the deadline.

All inquiries must be submitted by the required date and time to:

Cara Matern, Procurement Team Leader, doirfr@state.ma.us

All written inquires must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted.

The PMT will provide written responses to all written inquiries received by the due date by posting them on Comm-BUYS by May 12, 2015. Responses will not identify the identity of the inquiring Bidder.

Response Deadline: The deadline for Responses to this RFR is:

June 1, 2015, 4:00 p.m. EST

Responses received after the deadline shall be disqualified. The PMT will not retain and review such Responses for the next open enrollment period, but will return them to the Bidder.

Any change to this submission date and/or time will be made by a notice published electronically on www.comm-buys.com. Bidders are encouraged to check the website frequently for possible additional postings relative to this RFR.

Responses to this RFR must consist of a Business Response and a Cost Proposal.

Due to recent changes in the Division’s internal mail handling procedures, mail personnel may unseal Responses prior to their delivery to the Procurement Team Leader. In such cases, the PTL shall reseal the Responses and maintain them until such time they are distributed to the Evaluation Committee for review.

Submission of Response: Each Response must be sealed, labeled and submitted to the Division at the address below. Bidders must submit one (1) original (marked “ORIGINAL”) and four (4) copies (printed double-sided and marked “COPY”) of the Response to:

Cara Matern, Procurement Team Leader Division of Insurance 1000 Washington Street, Suite 810 Boston, MA 02118

Bidders may deliver Responses by overnight mail (FedEx, Airborne, and UPS), hand delivery, or US Postal Service. Facsimile copies shall not be accepted and shall be disqualified.

Bidders shall clearly identify the contents of each envelope by labeling as follows:

Bidder’s Name (Individual and/or Firm) “RFR-2015-DOI-001 Insurance Producer Examination and Educational Services”

Cover Letters: Each Cover Letter shall be signed by the individual authorized to negotiate and execute a Contract for the Bidder and shall guarantee to hold open the Response for ninety (90) days from the response due date while evaluations are conducted by the PMT. It must contain the name, address, email address, fax number and telephone number of the Contact Person.

Business Response: The Business Response should use the same numbering and format as appears below and in the Submissions Checklist (Appendix A).

The Business Response consists of the following information. Unless otherwise noted, the forms are located at http://www.comm-buys.com.

I. Submissions Checklist (Appendix A)

II. Introduction: A Cover Letter of introduction to the Bidder’s organization.

III. Qualification Statement. A description of the Bidder’s qualifications to provide the specific services described in the Service Area to which they are responding. If the Bidder wishes consideration with respect to some but not all of the services, the Bidder may limit its qualification statement to only those service areas that apply. For any service area, a Bidder must specifically respond to at least those “Bid Requirements” listed throughout the section. (These are printed in bold font and labeled as Bid Requirement).

IV. Evidence of Professional Background – A statement of the qualifications of personnel to be involved in providing the proposed services.

a. Business Reference Form. This form requests a list of three (3) references for a similar service previously performed by the Bidder. It should provide the organization name, contact person, address and phone number, and description of services provided. DO NOT USE AS REFERENCES CURRENT EMPLOYEES OF THE DIVISION OF INSURANCE.

V. Other General Forms

a. Contractor Authorized Signature Verification Form

VI. Contract Forms

a. Commonwealth Terms and Conditions (If one is not already on file with the Commonwealth).

b. Verification of Taxation Reporting Information W-9. (If one is not already on file with the Commonwealth of Massachusetts)

c. Standard Contract Form

Cost Proposal Form: All proposed fees and other expenses must be identified on the attached Cost Proposal Form at the end of this document.

The Division may schedule oral presentations of the proposals prior to awarding the contract.

Rejection of Bidder’s Response: A Bidder’s Response may be rejected by the PMT if the Bidder’s Response:

Fails to adhere to one or more of the requirements of this RFR;

Fails to submit its Response to the required address on or before the RFR response due date;

Fails to submit a Response in accordance to the format and instructions specified or to supply the minimum information required in this RFR;

Fails to meet unconditionally or is unable to demonstrate competence to meet the requirements of this RFR;

Fails to sign the Commonwealth of Massachusetts Terms and Conditions without change or alteration;

Misrepresents its services or provides demonstrably false information in its Response or fails to provide material information;

Violates the restrictions on contacts with Division employees and representatives;

Transmits any response information via facsimile.

EVALUATION

Evaluation Criteria: The following criteria shall apply to all Bidders and will be used in evaluating overall qualifications. (Not listed in order of importance):

Bidder’s thoroughness in responding with regard to bid requirements.

General suitability of the Bidder including size of firm, qualifications of staff, management capabilities, and biographical summaries of staff.

The Bidder’s experience in providing examination and educational services similar to those described within this RFR.

Sufficient resources and staff to provide services.

Familiarity and knowledge of relevant insurance laws, regulations and bulletins.

Knowledge and familiarity of trends and techniques relevant to the services described herein.

Bidder’s approach to developing and maintaining examinations, providing educational services and communicating with various parties.

Bidder’s ability to provide security for examinations, questions, test locations and proctors.

Best value to the Division in terms of the impact the Bidder’s approach has on the Division’s allocation of staff, time and other resources.

Ability to produce clear, timely information, such as examinations, examination handbooks, web pages, etc.

Bidder’s proposed fee competitiveness and reasonableness.

Quality of references and their responses to Division inquiries.

Bidders may be invited to oral presentations of their presentations as previously indicated in this RFR.

Evaluation of Cost Proposal: The Cost Proposal shall be evaluated on competitiveness and reasonableness of the examination fee, the other cost information and a written statement which guarantees to hold the Cost Proposal open for ninety (90) days from the response date while evaluations of the Responses are ongoing.

Appendix A

SUBMISSIONS CHECKLIST

Name of Bidder:______________________________________________

This bid responds to the following Service Areas (check all that apply):

____Examination Services

____Continuing Education Services

The following checklist represents the content and sequential order of the RFR Response:

BUSINESS RESPONSE

I. ____ Submissions Checklist (Appendix A)