23672RFR.doc

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF REVENUE

REQUEST FOR RESPONSE FOR

EXPERT WITNESS AND CONSULTANT SERVICES

RFR 23672

Date of Issue: May 12, 2023 Contact Person: Joseph Bellofatto (bellofatto@dor.state.ma.us)

TABLE OF CONTENTS

1. Introduction

1.1 Purpose

1.2 Procurement Information

1.3 Procurement Timetable

1.4 Definitions 2.

Required Specification – Operational Services Division

2.1 RFR Release on COMMBUYS

2.2 Bidder Communication Restrictions

2.3 RFR Amendments

2.4 Procurement Cancellation

2.5 Bidders’ Conference

2.6 Conflict of Interest

2.7 Multiple Quotes

2.8 Quote Content

2.9 Minimum Quote (Bid Response) Duration

2.10 Non-Compliance of Response

2.11 Collusion

2.12 Other Grounds for Disqualification

2.13 Mandatory Requirements and Alternatives

2.14 Corrections or Clarifications of Responses

2.15 Interviews and Site Visits

2.16 Demonstrations

2.17 Best and Final Offers (BAFO)

2.18 Best Value Selection and Negotiation

2.19 Bidder Selection and Award Notification

2.20 Contract Negotiation and Execution

2.21 Rolling Enrollment Contract

2.22 Contract Expansion

2.23 Contract Termination

2.24 Electronic Communication 2.25 Electronic Funds Transfer (EFT) 2.26 Prompt Payment Discounts (PPD) 2.27 HIPAA: Business Associate Contractual Obligations 2.28 Reasonable Accommodation

2.29 Public Records

2.30 Restriction on the Use of the Commonwealth Seal 2.31 Acceptable Forms of Signature 2.32 Small Business Purchasing Program 2.33 Supplier Diversity Program

3.

Required Specifications – Information Technology (IT)

3.1 Enterprise Policy and Standards

4.

Required Specifications – Department of Revenue (DOR)

4.1 Bidders’ Tax and Child Support Background Checks

4.2 Property of DOR

4.3 Public Relations 5.

Contractor and Contractor Employee Requirements

5.1 Standards of Conduct

5.2 Compliance Agreements

5.3 Tax and Child Support Background Checks

5.4 Training

5.5 DOR Approval for Employees to Begin Work

5.6 Notice to DOR of Certain Security Events

5.7 Periodic Review by DOR

6. Physical and Technical Security Requirements

6.1 Managing Operational and Physical Security Requirements

6.2 Storage, Transmission and Monitoring Technical, Operational and Management Controls

6.3 Configuration, Maintenance, Logging, Audit, and Inventory Requirements

6.4 Policies and Procedures

6.5 Internet Access

6.6 Destruction of Data

6.7 Security Requirements for Subcontracting 7.

General Requirements

7.1 Subcontracting

7.2 Fidelity and Bond Insurance

7.3 Indemnification

8. Bidder Response Requirements

8.1 Mandatory Forms Required from Bidder

8.2 Mandatory Information Required from Bidder

8.3 Evaluation Criteria Appendix 1: Required Terms for all RFRs Appendix 2: Instructions for Execution and Submission of Commonwealth Standard Forms Appendix 3: Instructions for Vendors Responding to Bids Electronically through COMMBUYS

Attachment 1: Contractor (Employer) Compliance Agreement Attachment 2: Cost Response Attachment 3: Response Checklist

1. Introduction

1.1 Purpose This solicitation, RFR 23672, “Request for Responses for Expert Witness and Consultant Services,” is being issued by the General Counsel’s Office of the Massachusetts Department of Revenue (“Department” or “DOR”), which is within the Massachusetts Executive Office for Administration and Finance and is an agency of the Commonwealth of Massachusetts (the “Commonwealth”). A Strategic Sourcing Services Team (“SSST”), consisting of Department employees and headed by a Strategic Sourcing Services Lead (“SSSL”), has been selected to evaluate Responses (as defined in Section 3 of this Part) to the Request for Responses in order to establish a list of qualified contractors. The Department is soliciting Responses to this Request for Responses either from: (a) principals, partners and/or members of entities, such as, but not limited, to law firms or consulting firms; or (b) from individuals, such as, but not limited to, lawyers, accountants, economists, or other such individuals that operate or work in a law firm or operate a consulting practice. The Department is not soliciting Responses either from employment agencies and/or “headhunter” firms or other similar entities, or Responses for general litigation services, and it will disqualify any such Responses.

The purpose of this Solicitation (also herein called the “Procurement”) is to establish a list of qualified contractors (the “Qualified List”), who must be fluent in written and oral English, to provide services as expert witnesses and/or consultants (collectively, “Expert Witnesses”) in Department litigation. The areas in which the Department is soliciting services by Expert Witnesses include, but are not limited to transfer pricing, accounting, banking, finance, appraisal and valuation, statistical theories, sampling methods and analysis, telecommunications, transportation, intellectual property, licensing, municipal finance, pharmaceutical sales and marketing, environmental remediation, software engineering, economics, captive insurance, internet retailing, digital forensics, unitary business doctrine, domestic and international corporate law, intercompany debt and interest deductions, and other industry-specific areas of expertise, as needed (collectively, “Areas of Expertise”). Additional Areas of Expertise may be added at any time during the life of the Procurement based upon the needs of DOR and/or the Commonwealth.

In addition, the Department is seeking qualified Expert Witnesses for its Division of Local Services to provide appraisal, engineering and expert witness services related to the valuation of business entities and of real and personal property, public and private utility companies, and alternative energy facilities. The valuation methodologies must include two approaches to value that produce legally defensible mass appraisal valuations. This Expert Witness must also develop and provide in-person training courses.

In the event that no Expert Witness is on the Qualified List with respect to a particular subject matter for which an Expert Witness is needed, the Department may invite other entities or individuals to submit Responses under this RFR per the guidelines for a Rolling Enrollment solicitation, which remains open on an ongoing basis to allow additional bidders the opportunity to submit bid responses in the future.

This RFR and the Contract will be available for use by DOR and other executive agencies of the Commonwealth as well as by other eligible entities listed on the Issuer tab on Comm-PASS (collectively, “Eligible Entities”). Any contract entered into between an Eligible Entity and a Contractor shall be deemed to include all the terms and conditions of the Contract, except those that either apply only to DOR: (a) specifically (e.g., DOR-specific forms or background checks) or by necessary implication; or (b) those that DOR waives in writing prior to the execution of the Contract between the Eligible Entity and its Contractor.

Additional terms and forms that do not conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, the RFR, or the Response may be included in the Contract if they are mutually agreed upon by the Contractor and the Eligible Entity. Each Eligible Entity is responsible for executing its own Contract and paying its own invoices for services acquired under the Contract. Contractors will be responsible for marketing their services to Eligible Entities.

A Contract with DOR will not be funded in whole or in part by federal funds.

This solicitation is subject to the World Trade Organization Government Procurement Agreement, which was entered into by the United States and other countries, effective January 1, 1996. The purpose of this Agreement is to encourage worldwide trade by ensuring fairness, non-discrimination, and equal treatment of laws, regulations, and procedures in the government procurement process.

DOR anticipates executing a Contract that will have an initial term of five (5) years with the ability to extend the Contract for one (1) additional five-year term.

1.2

Procurement Information

RFR File Name/Title:

Expert Witness and Consultant Services

Acquisition Method:

Fee for Service Contract

Procurement Contact:

Joseph Bellofatto

Mailing Address:

bellofatto@dor.state.ma.us

Telephone:

(617) 626-2808

Email:

bellofatto@dor.state.ma.us

1.3 Procurement Timetable*

Posting of the World Trade Organization (WTO) Notice on COMMBUYS

May 5, 2023

Posting of RFR on COMMBUYS

May 12, 2023

Submission of Written Inquiries

No later than May 19, 2023

Responses Due

No later than June 16, 2023 by 4:00 P.M. (EST)

Posting of Contract Award

On or about June 28, 2023

*The dates in this Timetable may change and are not binding on DOR.

1.4

Definitions: For the purpose of this RFR the following definitions apply:

Bidder: A Vendor that submits a response to this Request for Response.

COMMBUYS: The Commonwealth’s official procurement record system, an electronic mechanism for the advertising and distribution of Requests for Responses and related files. COMMBUYS is the successor to Comm-Pass.

Contract: The executed Contract between DOR and the selected Bidder as a result of this Request for Response.

Contractor: The selected Bidder that enters into a Contract with DOR to provide the services detailed in this Request for Response.

DOR Information: Any type of information received from DOR, including, but not limited to, tax information, wage reporting information, financial institution match information, 14-day new hire information, child support information, as well as “personal data” as defined in M.G.L. c. 66A.

Employee: Contractor’s full-time or part-time employees, volunteers, trainees, student interns, members, directors, officers, partners, agents, consultants, independent contractors, and/or subcontractors who have access to DOR Information and have undergone satisfactory background checks and signed a Contractor Employee Compliance Agreement.

Response: The proposal submitted by a Bidder in response to the RFR.

Request for Response (RFR): A request for responses from Vendors that are qualified to provide the services detailed in the RFR. May also be referred to as a Solicitation.

Strategic Sourcing Services Team (SSST): Representatives from various divisions of DOR and other agencies, who draft the RFR, evaluate responses and award the Contract.

Strategic Sourcing Services Lead (SSSL): The individual designated by DOR to lead the SSST.

Vendor: A professional organization that can provide the services requested in this Request for Response.

2.

Required Specifications – Operational Services Division 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 also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. 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.

2.1. RFR Release on COMMBUYS

A.

COMMBUYS Market Center COMMBUYS is the official source of information for this bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related bid questions and answers (Q&A), are all components of the bid, as referenced in COMMBUYS, and are incorporated into the bid and any resulting Contract.

Bidders are solely responsible for obtaining all information distributed for this bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a bid and publication of official answers.

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

· Any amendments, addenda, or modifications to this bid, and

· Any bid Q&A records related to this bid.

DOR reserves the right not to respond to written questions submitted after the deadline indicated in the Procurement Timetable.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a quote based on an out-of-date bid or on information received from a source other than COMMBUYS.

B.

COMMBUYS Registration Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as a Response) in response to this Bid (previously referred to as a Solicitation) agree that, if awarded a Contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders 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).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

2.2

Bidder Communication Restrictions

Bidders are prohibited from communicating directly with any DOR employee or any member of the Strategic Sourcing Services Team (SSST) 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 using the contact information provided in the “Issuers” tab for this bid, if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk.

Bidders may contact a DOR employee in the ordinary course of business regarding tax, wage reporting or child support matters, and Bidders with current DOR Contracts may contact DOR to the extent necessary for performance of contractual obligations, but the Bidder may not discuss the RFR or the solicitation process. DOR may deem a violation of this provision sufficient cause for disqualification of a Bidder’s response.

2.3

RFR Amendments

DOR may, at any time prior to the Response Submission Deadline, amend the RFR or change the RFR requirements, scope, budget, or schedule upon notice posted to COMMBUYS. It is the Bidder’s responsibility to check COMMBUYS for any supplement or clarification. Only a written supplement or clarification will bind DOR.

If a major amendment is made after the deadline for submission of Responses, the SSST may allow current Bidders to either submit new Responses or to submit amendments to previously submitted Responses. The SSST may also allow Responses from additional Bidders.

If it becomes necessary for the SSST to make a significant change to the scope of this RFR, one which might result in encouraging additional Bidders to submit Responses, the SSST may either amend the RFR and post the amendment on COMMBUYS in the same manner that the RFR was advertised or cancel the RFR and begin a new procurement.

2.4

Procurement Cancellation

The SSST may for any reason and at any time prior to the execution of the Contract, and without penalty, notify Bidders of a cancellation of the RFR and the rejection of all Responses. The notice need not state the reason for the cancellation. The SSST is not required to return any Responses if the procurement is cancelled.

2.5

Bidders’ Conference

If DOR determines that a Bidders’ Conference is necessary, the SSST will post a location, date, and time on COMMBUYS. At this conference representatives of the SSST will accept questions regarding the RFR. Oral answers to questions asked at the conference may be given at that time if the information is available. DOR will post these answers on COMMBUYS along with the answers to Bidders’ written inquiries. Only written answers posted on COMMBUYS will bind DOR.

2.6 Conflict of Interest

Each Response shall include a statement indicating whether the Bidder or any of the subcontractors or Employees has a possible conflict of interest in connection with this procurement and, if so, the nature of that conflict. DOR reserves the right to disqualify the Response or cancel the Contract award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the Contractor, a subcontractor, or any Employees. DOR’s determination regarding any questions of conflict of interest shall be final.

Certain key Employees may be deemed "special state employees" under M.G.L. chapter 268A, the Commonwealth’s conflict of interest law. Former DOR employees who are currently employed by a Contractor may be subject to chapter 268A.

Any questions about the applicability or operation of chapter 268A should be addressed to the State Ethics Commission at (617) 371-9500 or www.mass.gov/ethics.

2.7 Multiple Quotes Bidders may not submit multiple quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

2.8 Quote Content Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

2.9

Minimum Quote (Bid Response) Duration

The Bidders’ Response shall be considered a firm offer and shall remain unconditionally in effect for a minimum of ninety (90) days from the quote submission unless this time is extended by DOR upon prior notice to the Bidders.

2.10 Non-Compliance of Response

The SSST will disqualify any Response that the SSST determines to be non-responsive or fails to comply with any material or mandatory terms and specifications or requirements of the RFR (including the instructions governing the submission of Responses), unless the SSST determines that the non-responsiveness is not substantial, in which case the SSST may seek clarification of the Response or apply appropriate penalties in the evaluation of the Response or both. Non-compliance shall include but not be limited to a Bidder’s failure to address any required item in the RFR and the submission of a Response in the incorrect format.

2.11 Collusion

The SSST will disqualify any Response, if the SSST reasonably believes that the Response is the result of collusion or unfair trade practices by one or more Bidders agreeing to act in a manner intended to avoid or frustrate fair and open competition.

2.12 Other Grounds for Disqualification

The SSST may disqualify any Response on grounds other than those specified in this section. The SSST makes the final determination as to whether a Response should be disqualified and has full discretion in making this determination. The SSST will notify, in writing, any Bidders who are disqualified and the reason for disqualification.

2.13 Mandatory Requirements and Alternatives

The Bidder must provide a Response to every mandatory specification. Failure to meet the requirements of a mandatory specification without providing an alternative acceptable to the SSST could result in the disqualification of a Response.

A Response which fails to meet any material term or condition of the RFR, including the submission of required attachments, could have points deducted or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Responses proposing alternatives which provide equivalent, better, or more cost-effective performance than achievable under the stated RFR specifications. These alternatives may include related services that may be available to enhance performance during the period of the Contract. The Response should describe how any alternative achieves substantially equivalent or better performance to the RFR specifications.

The SSST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of services to achieve the goals of the procurement.

2.14 Corrections or Clarifications of Responses

The SSST has full discretion to allow corrections to a Response. Bidders will be accorded fair and equal treatment with respect to an opportunity to correct minor errors in a Response. Minor errors are matters of form rather than substance and include clerical errors and insignificant mistakes that can be corrected without prejudice to other Bidders. Mistakes in Responses, which are clearly evident, such as typographical errors, transposition errors, and arithmetical errors where the intended Response is obvious, may at the SSST’s option, be corrected by the Bidder or waived. However, no correction of costs, terms and conditions contained in a Response or the submission of supplemental information prejudicial to the interests of other Bidders or to fair competition, will be permitted.

If DOR requires a clarification of any section of a Response, DOR will provide all Bidders with the same notice and opportunity for clarification of the identified section in the Response. Clarifications are explanations of what is stated in a Response and may not be used as an opportunity by a Bidder to submit supplemental information or a change to a Response unless DOR specifically requests these submissions or changes as part of the clarification of all Responses. No clarification of costs, terms and conditions contained in a Response or the submission of supplemental information prejudicial to the interests of other Bidders or to fair competition, will be permitted.

2.15 Interviews and Site Visits

The SSST may require a Bidder to be interviewed by the SSST to discuss or clarify its Response. The SSST also reserves the right, upon at least 24 hours’ notice to the Bidder, to visit any location of a Bidder to assist the SSST in evaluating the Bidder’s Response. Failure to agree to an interview or a site visit may result in the disqualification of the Bidder.

2.16 Demonstrations

Bidders may be required to conduct demonstrations of systems similar to those proposed in their Responses. The Selection Committee will request the demonstration at least five business days prior to the proposed date of the demonstration and will not inform a Bidder of its scores or ranking at the time of the demonstration. The SSST may limit the number of demonstrations conducted. Failure to agree to a demonstration may result in the disqualification of a Bidder. The Selection Committee may require a Bidder to conduct the demonstration on-site at the customer’s location. During the demonstration, the Selection Committee will meet with the customer’s employees who have a working knowledge of the systems and who did not provide references for the RFR.

2.17 Best and Final Offers (BAFO)

Pursuant to 801 CMR 21.06(11), the SSST may provide Bidders with an opportunity to provide a BAFO. This is an optional tool in the Bidder selection process and is not considered part of the final contract negotiation process.

A BAFO may be useful when: no single response addresses all the specifications; when the costs submitted by all Bidders are too high; when an SDP Plan does not contain sufficient SOMWBA certified participation; when two or more Bidders are very close or tied after the initial evaluation process; or when all Bidders submitted responses that are unclear or deficient in one or more areas.

The SSST may restrict the number of Bidders invited to submit a BAFO or may offer the option to all Bidders. In either case, the SSST will provide the same information and the same submission requirements to all Bidders chosen to submit a BAFO. DOR will develop and distribute to selected Bidders the written terms for a BAFO with specific information on what is being requested, submission requirements with timelines and information on the basis for evaluating responses and determining the successful Bidder. Bidders may be asked to reduce costs or provide additional clarification to specific sections of the RFR. DOR may evaluate the submissions of BAFOs as an addition to the scores already received by Bidders on their original RFR responses or may develop a new evaluation process based entirely on the BAFO submission.

Selected Bidders are not required to submit a BAFO and may submit a written Response notifying the SSST that their response remains as originally submitted. During the BAFO process, it is permissible to disclose the lowest price submitted but not disclose the identity of the Bidder or the current rank of any of the Bidders. The SSSL will have full discretion to accept or reject any information submitted in a BAFO.

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

2.19 Bidder Selection and Award Notification

Notice to a Bidder that it has been awarded the Contract does not constitute acceptance of all the terms of a response by DOR and shall not impose any contractual obligation on DOR.

DOR will post the choice of the selected Bidder on COMMBUYS and will notify them by email that it was awarded the Contract.

2.20 Contract Negotiation and Execution

Once the Contract has been awarded, DOR may negotiate certain terms of the Contract, provided that the change is within the scope of the original RFR and a selected Bidder’s Response.

A Bidder may be disqualified if DOR determines that they are unreasonably delaying the timely execution of the Contract or if the Bidder conditions the execution of the Contract upon DOR’s acceptance of additional or amended terms or conditions.

If a Bidder is disqualified for any reason once the Contract has been awarded or if a Contract is terminated for any reason, DOR may award the Contract to the next highest ranked Bidder if its terms remain substantially the same as those in its original Response.

The executed Contract shall consist of the Commonwealth’s Standard Contract Form, the RFR (as amended, supplemented, or clarified, and including all attachments and exhibits, and the written answers to the Bidders questions), the Bidder’s Response (as amended, supplemented, or clarified, and including all attachments and exhibits), and any negotiated terms.

2.21 Rolling Enrollment Contract

A contract that the SSST has opted to remain open for a pre-defined or for the life of the Contract to allow for additional bids from vendors. The SSST may opt to close the rolling enrollment if it determines that it is in the best interest of the Commonwealth to do so.

2.22 Contract Expansion If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to any or all Contracts executed per 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.

2.23 Contract Termination

The Contractor may not terminate the Contract, with or without cause, upon fewer than thirty (30) days written notice to DOR. Upon the termination of the Contract by DOR or by the Contractor, DOR’s Contract Manager will notify the Contractor’s Contract Manager if the Contractor should complete work on started projects or cease work and return all information to DOR’s Contract Manager. The Contractor must comply with all Contract terms until the date of termination unless DOR’s Contract Manager waives this requirement in writing.

2.24 Electronic Communication It is the responsibility of the Bidder to keep the email address of the Bidder’s Contact Person current on COMMBUYS, if awarded a Contract, and to monitor that email inbox for communications from the SSST, including requests for clarification. The SSST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current or if technical problems, including those with the Bidder’s computer, network, or internet service provider (ISP) cause email communications sent to and from the Bidder and the SSST to be lost or rejected by any means including email or spam filtering.

2.25 Electronic Funds Transfer (EFT) All Bidders responding to this RFR must agree to participate in the Commonwealth’s Electronic Funds Transfer (EFT) program for receiving payments, unless the Bidder is able to 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 Contractor and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page (www.mass.gov/lists/osd-forms). 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 Electronic Funds Transfer (EFT) Authorization Agreement to this department for review, approval, and forwarding to the Office of the Comptroller. If the Bidder already is enrolled in the program, it may so indicate in its response. Because the EFT Authorization Agreement 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 SSST 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 SSST will consider such requests on a case-by-case basis and communicate the findings to the Bidder.

2.26 Prompt Payment Discounts (PPD) All Bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) program for receiving early and/or on-time payments, unless the Bidder provides compelling proof that it would be unduly burdensome. PPD benefits both Contractors and the Commonwealth. Contractors benefit by increased, usable cash flow because of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) program further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead times or delays. The Commonwealth benefits because Contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically may be tracked and verified through the Comptroller’s Vendor Web system. The PPD form may be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SSST. The SSST 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 SSST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder claims that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

2.27 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 thereunder (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 performing functions or activities involving protected health information and 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 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.

2.28 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 SSST reserves the right to reject unreasonable requests.

2.29 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, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

2.30 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.

2.31 Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script or an electronic symbol, are not acceptable forms of electronic signature.

2.32 Small Business Purchasing Program

A. Program Background

The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

B. SBPP Award Preference

While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

C. SBPP Participation Eligibility

To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

D. SBPP Compliance Requirements

It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

E. Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

2.33 Supplier Diversity Program

A. Program Background

Pursuant to Executive Order (EO) 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

B. Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Fulfillment of the SDP Commitment is mandatory for all Large Procurements, which are purchases with values exceeding $250,000 per year, and is optional for Small Procurements, which are purchases with annual values less than or equal to $250,000.

C. Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

1. Minority-Owned Business Enterprise (MBE)

2. Minority Non-Profit Organization (M/NPO)

3. Women-Owned Business Enterprise (WBE)

4. Women Non-Profit Organization (W/NPO)

5. Veteran-Owned Business Enterprise (VBE)

6. Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

7. Disability-Owned Business Enterprise (DOBE)

8. Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

D. Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

1. Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

2. Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

E. Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

1. SDP Partners are not required to be subcontractors.

2. SDP Partners are not required to be Massachusetts-based businesses.

3. SDP Partners may be changed or added during the term of the contract provided the Contractor continues to meet its SDP Commitment.

F. SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

1. Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

2. Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

1. A clearly stated purpose or goal.

2. Specific types of diverse and small businesses targeted.

3. Which departments/units within the business are responsible for implementing supplier diversity.

4. Types of opportunities for which diverse and small businesses are considered.

5. Specific measures/methods of engagement of diverse and small businesses.

6. An existing internal supplier diversity policy.

7. Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

8. Serving as a mentor in a mentor-protégé relationship.

9. Technical and financial assistance provided to diverse businesses.

10. Participation in joint ventures between nondiverse and diverse businesses.

11. Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

G. Evaluation of SDP Forms

To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

H. SDP Spending Reports and Compliance

After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO, and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

I. SDP Spending Verification

The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

J. Program Resources and Assistance

Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

3.

Required Specifications – Information Technology (IT)

3.1

Enterprise Policy and Standards All IT systems and applications developed by or for Executive department agencies or operating within the Massachusetts Access to Government Network (MAGNet), must conform with the Enterprise Information Technology Policies, Standards and Guidance promulgated by the Commonwealth’s CIO as they existed at the time this RFR was posted. Non-conforming IT systems cannot be deployed unless the purchasing agency and their Contractor have jointly applied for and received in writing from the Commonwealth’s CIO or his designee, notice that a specified deviation will be permitted. The Enterprise Information Technology Policies, Standards & Guidance,, with the exception of the Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For e-Government Applications Standards, are available at https://www.mass.gov/info-details/enterprise-policies-standards-guidelines. The Enterprise Public Access Policy For e-Government Applications and the Enterprise Public Access For e-Government Applications Standards are available from the purchasing agency.