Clinical and Safety Risk Assessment Sites Staffing and Services RFR.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

REQUEST FOR RESPONSES

FOR

CLINICAL AND SAFETY RISK

ASSESSMENT SITES, STAFFING, AND

RELATED SERVICES

RFR DOCUMENT #: 24PMOPRTCLNCLSFTYRSKSTE

COMMBUYS ID #: BD-24-1039-EHS01-ASHWA-96819

ISSUED: March 1, 2024

RFR - Table of Contents

RFR ATTACHMENTS

Clinical and Safety Risk Assessment, Sites, Staffing, and Related Services RFR Clinical and Safety Risk Assessment, Sites, Staffing, and Related Services RFR

Purchasing Department

EOHHS

INTRODUCTION

Procurement Overview The Massachusetts Executive Office of Health and Human Services (EOHHS) is releasing this Request for Responses (RFR) pursuant to 801 CMR 21.00 to procure one or more contractor(s) to operate, staff, and/or procure Clinical and Safety Risk Assessment Site(s) to provide Clinical and Safety Risk Assessments to Emergency Assistance (EA) shelter eligible families with children under 21 and pregnant individuals.

Definitions See Attachment A, Model Contract, Section 1.

Purpose of Procurement EOHHS is issuing this RFR to solicit Responses from qualified bidders who will operate, staff, and/or procure one or more Clinical and Safety Risk Assessment (CSRA) Site(s) in accordance with the requirements set forth in Attachment A.

The CSRA Site(s) will be a location for families with children under the age of 21 years and pregnant individuals experiencing homelessness and referred to the site by a Family Welcome Center pursuant to EOHHS policy and guidance or by EOHLC pursuant to EA shelter program rules and regulations when a family or pregnant individual is entitled to immediate shelter under the EA program, but no EA placement is available. At the CSRA Site, EA eligible individuals who have been prescreened by personnel from the Executive Office of Housing and Livable Communities (EOHLC) will receive Clinical and Safety Risk Assessments (CSRAs) and assigned a Prioritization Score.

Currently, there are multiple CSRA Sites operating throughout the Commonwealth. The contractors running these CSRA Sites contracted with the Commonwealth on an emergency basis pursuant to 801 CMR 21.05(3). Through this RFR, current CSRA contractors and other interested will have the opportunity to operate the CSRA Sites on a non-emergency basis.

At the time of posting, EOHHS is seeking one Bidder to operate and staff the current CSRA Site located at an EOHHS-provided location at Eastern Nazarene College. This site is considered a Full Service CSRA Site as defined in Attachment A. This site is a dormitory style shelter located at 56 Wendell Ave, Quincy, MA with 57 family spaces available.

In addition, EOHHS is seeking bids for contractors to operate and staff CSRA Site(s) that the Bidder leases, funds, or can otherwise provide as a CSRA Site. EOHHS may, in its discretion, add CSRA sites during the term of any Contract executed as a result of this RFR with any selected Bidder or may reopen the RFR as set forth in Section 3.2.

Number of Contract Awards and Contract Term EOHHS intends to contract for up to three (3) CSRA Site(s) operated by one or more contractor(s) to support the following geographical area in the Commonwealth: Western, Central, Northeast, Metro West, Metro Boston, and Southeast (includes Cape Cod and the Islands).

Bidders shall submit a single Response to this RFR that details every CSRA Site they propose to operate and specifies which geographic areas such CSRA Site will serve. Successful Bidders selected to operate more than one CSRA will enter into a single contract with EOHHS.

The Contract(s) shall commence upon execution and terminate two years from the date of Contract execution subject to (1) the Contractor’s satisfactory performance, as determined by EOHHS, of all duties and obligations under this Contract, and (2) any termination provisions set forth in the Contract. The Contract may be extended through June 30, 2029, in increments determined by EOHHS at the sole discretion of EOHHS, upon the payment terms agreed to in this Contract. EOHHS may also extend the Contract for any reasonable time period it determines necessary to complete a subsequent procurement.

This is an open enrollment procurement. See Section 3.2 for further information.

Background on CSRA Site Design During the summer of 2023, EOHHS developed the Temporary Emergency Shelter (TES) program, the predecessor to the CSRA Site program, to provide safe, immediate shelter for families with children under age 21 and pregnant persons experiencing immediate homelessness.

On October 31, 2023, under 760 CMR 67.10, the Secretary of the Executive Office of Housing and Livable Communities (EOHLC) declared that EA shelter system would no longer able to meet all current and projected demand for shelter from families and pregnant individuals eligible for EA. In response, EOHLC issued guidance to create a prioritization system and waitlist for eligible families and pregnant individuals.

In order to effectively prioritize and assist families and pregnant individuals eligible for EA, EOHHS modified the TES model and developed Clinical and Safety Risk Assessment Sites, where eligible families would receive a CSRA and Prioritization Score. EOHHS entered into contracts on an emergency basis to operate and staff CSRA Sites and TES Locations.

CSRA Sites are also one part of a series of programs and initiatives designed to address, assist, and promote economic stability among families experiencing homelessness in need of shelter and wrap-around services.

1. EOHHS Family Welcome Centers EOHHS developed Family Welcome Centers (FWC) in Summer 2023 in response to the influx of new arrivals seeking shelter, access to basic needs resources, and supportive services. Creation of the FWCs was enabled by Line Item 1599-0925 of Chapter 2 of the Acts of 2023 which directed EOHHS to “develop a plan to address the needs of newly-arrived immigrants and refugees including, (i) timely triage; (ii) social workers; (iii) medical screenings; (iv) culturally-appropriate food; (v) legal screenings and referrals; and (vi) assistance with screening and enrollment for benefits through MassHealth, the department of transitional assistance, the emergency housing assistance program under section 30 of chapter 23B of the General Laws and other state programs. EOHHS previously established two FWC’s on an emergency basis. FWCs were developed based on feedback from community-based organizations, hospitals, and advocates working directly with families requesting services, as well as EOHHS agencies.

1. EOHHS Overflow Emergency Overnight Shelter (OEOS) OEOS Sites are also one part of a series of programs and initiatives designed to address, assist, and promote the economic stability among families experiencing homelessness in need of shelter and wrap-around services. Funding for these sites is provided through Chapter 77 of the Acts of 2023 requiring the Administration to establish overflow sites for families and pregnant individuals on the EA waitlist. EOHHS is in the process of procuring one or more vendors to stand up and support OEOS Sites on an as-needed basis in response to Emergency Assistance (EA) shelter needs as directed by EOHHS.

1. Office for Refugees and Immigrant (ORI) Programs The Office for Refugees and Immigrants is launching programs to assist immigrants arriving in the last five years by providing limited immigration legal services and resettlement services, including case management, housing assistance, and benefit assistance in order to promote self-sufficiency and enable eligible individuals to exit the shelter system.

Bidder Qualifications To be considered for a Contract award pursuant to this RFR, the Bidder, in addition to all other requirements specified herein, must:

1. Have the capability and willingness to perform all responsibilities set forth in Attachment A and meet the Performance Measures described in Attachment 2 to Attachment A.

1. Be a business entity registered with the Massachusetts Secretary of State to do business in the Commonwealth.

1. Demonstrate experience and an exemplary ability to provide a diverse range of accessible children, youth, and family support services and activities.

1. Have the experience and ability to collaborate with existing community organizations and state agencies, as well as a plan to formalize these relationships into an advisory and service provision role.

1. Have experience providing comprehensive services and supports to populations including: immigrant and mixed status families; new arrivers; children of all ages and their families; pregnant persons; people with limited English proficiency; and families with low incomes including those experiencing homelessness.

1. Submit a complete Attachment B, Response Form, inclusive of all attachments.

The single entity may be affiliated with a community-based collaborative who may provide many of the services; provided, however that the single entity shall be solely responsible for meeting all obligations under the Contract.

Procurement Calendar The anticipated timeline for this procurement, which is subject to change at the discretion of EOHHS, is as follows:

Times are Eastern Standard (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

MODEL CONTRACT

Attachment A contains provisions that shall be incorporated into any Contract to be executed with the successful Bidder(s) (such Contract shall also include the Commonwealth of Massachusetts Standard Contract Form and Commonwealth Terms and Conditions for Human and Social Services Contracts). Attachment A specifies Definitions, Contractor Responsibilities, EOHHS Responsibilities, Payment, and Additional Contract Requirements. EOHHS reserves the right to modify Attachment A as it deems necessary. Changes to the Contract after its execution by the parties shall be made only by written amendment.

RESPONSE REQUIREMENTS

Response Submission Instructions Interested parties must submit one complete Attachment B, Response Form, including a Budget, Attachment C. Responses must be submitted, according to the instructions provided in this Section 3, no later than the Bid Opening Date set forth in Section 1.7. The Response Form includes all required sections the Bidder must complete and lists all attachments the Bidder must provide to respond to this RFR. All Responses must be submitted in accordance with the submission instructions in this section.

1. All procurements posted on COMMBUYS (www.commbuys.com), known as Bid Solicitations, require the submission of electronic Responses, also referred to as Quotes. To submit an electronic Quote, Respondents must register and maintain an active COMMBUYS Vendor account. Questions regarding COMMBUYS should be directed to the OSD Help Desk at OSDHelpDesk@mass.gov. In addition, there is a webcast, How to Locate and Respond to Bid Solicitations that Respondents may find helpful. See Section 5.2 of this RFR for further information about COMMBUYS.

Respondents must submit electronic Quotes on COMMBUYS by the date and time specified in Section 1.7. COMMBUYS will not accept submissions after the specified deadline. The Bidder shall comply with all COMMBUYS electronic submission requirements and file size limits.

Responses must be submitted and uploaded on COMMBUYS in .doc, .docx, or .pdf files. Files must be in the following format when documents are printed: type-written 12 point Time New Roman or similar font, one-inch margins, 8 ½ X 11 inch paper, singled spaced and with page numbers in the lower right corner. Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in a .zip format when saved, containing only .doc, .docm, .docx, .xls, .xlsx, or .pdf files. Other zip file formats will not be accepted.

Electronic media submissions, other than the required electronic files submitted via COMMBUYS, such as videotapes, audiotapes, and diskettes will not be accepted. Facsimile, mailed, hand-delivered, and e-mailed responses will not be accepted.

A complete Response shall consist of:

a. A completed Attachment B, Response Form, in Word format, including all required attachments; and

b. A completed Attachment C, Budget.

Each document and document section submitted shall include only information specific to the topic of that document and section. Superfluous information may be disregarded.

EOHHS, in its discretion, may choose to not consider any material that is not presented in accordance with EOHHS’s instructions in evaluating the Bidder’s Response.

The Bidder shall adhere to character and page limits where specified. Responses shall utilize Times New Roman, 12-point, single spaced font. Bidders are strongly encouraged to not include attachments that are extraneous, duplicative, or do not apply directly to the content requested. The Evaluation Committee will not consider attachments that are not required or narrative that exceeds text responses limits noted in the Attachment B.

Bidders shall submit a single Response describing every CSRA Site it proposes to operate. A Bidder may submit only one Response.

Entities are encouraged to collaborate to submit a single Response. Responses involving multiple entities must clearly define the role and budget for each entity.

EOHHS assumes no responsibility for knowledge of any material that is not presented in accordance with EOHHS’s instructions and may not consider any such material in evaluating the Bidders’ Response to the RFR.

Section 3.2 Open Enrollment Process

1. This is an open enrollment procurement. EOHHS will accept RFR Responses from qualified Bidders during any open-enrollment period or periods specified by EOHHS throughout the term of the Contract.

a. If EOHHS, after the initial deadline for Responses has passed, has not received a sufficient number of Responses, EOHHS may immediately reopen the RFR to accept additional Responses.

b. If EOHHS, after the initial selection process, determines that there are not a sufficient number of qualifying Responses (i.e., Responses that were not rejected as non-qualifying in accordance with Section 4.1) EOHHS may immediately reopen the RFR to accept additional Responses.

c. EOHHS may reopen this RFR for any other reason, including if EOHHS determines it did not receive a sufficient number of qualifying Responses to meet EOHHS’ need for CSRA support within certain geographic areas or if EOHHS’ need for CSRA support changes during the term of the contract.

2. EOHHS will determine when and if the RFR will be re-opened. Information regarding re-opening will be posted on the same COMMBUYS site where this RFR is posted.

RESPONSE EVALUATION

Responses to this RFR shall be evaluated by an Evaluation Committee (Committee) appointed by EOHHS.

Qualifying Responses

1. All Responses shall be initially reviewed to determine compliance with the Response submission instructions in Section 3.1. Failure to meet any requirement may result in the Response being removed from further consideration.

2. Any Response may be rejected at any time during the evaluation process if the Bidder:

a. Fails to demonstrate to the Evaluation Committee’s satisfaction that it meets all RFR requirements, including the qualifications set forth in Section 1.6;

b. Fails to satisfy all Response Submission Instructions in Section 3.1, submit a Response organized in accordance with all instructions, or submit a Response that is complete in all respects;

c. Fails to submit all required information or otherwise comply with all requirements of the Attachment B or Attachment C;

d. Has any interest that may, in EOHHS’s sole determination, conflicts with performance of services for the Commonwealth or is otherwise anti-competitive;

e. Fails to demonstrate, to the satisfaction of the Commonwealth, that it is in sound financial condition;

f. Fails to agree to a date and time for an oral presentation, if invited by the Committee;

g. Fails, or one or more of its subcontractors fail, to agree to a site visit;

h. Rejects of qualifies its agreement to any of the mandatory provisions of the RFR or Attachment A;

i. Receives a rating of “Unsatisfactory” in the evaluation of Bidder’s Business Response;

j. Receives a rating of “Fair”, “Poor”, or “Non-Responsive” in the evaluation of one or more items in the Bidder’s Programmatic Response; and

k. Fails to reach agreement with EOHHS on all contract terms.

Response Review Process, Evaluation Criteria and Selection

1. Evaluation Process The Committee will determine whether the Bidder satisfied all Business Response requirements in Attachment B on a “Satisfactory” or “Unsatisfactory” basis.

The Committee will evaluate the Bidder’s Programmatic Response in Attachment B for its comprehensiveness, appropriateness, feasibility, clarity, effectiveness, innovation, and responsiveness to the needs of EOHHS. In addition, the Committee may consider any relevant information about the Bidder that is known to EOHHS. The Committee also favorably considers Bidders with higher Supplier Diversity commitments and Bidders who demonstrate a commitment to partnering with local organizations. The Committee will (1) evaluate the Programmatic Responses in accordance with the criteria described above, (2) rate the Bidder’s overall Programmatic Response according to the following scale: “Excellent,” “Very Good,” “Good,” “Fair,” “Poor,” or “Non-Responsive,” (3) compare the Responses to one another, and (4) assign an overall rating to each Programmatic Response.

Each Cost Response, including Attachment C, will be reviewed by the Committee for its reasonableness, competitiveness, and value to EOHHS. Cost will be one factor, but not the sole factor, in the Committee’s consideration.

1. Actions for Non-Compliance with RFR requirements EOHHS, in its sole discretion, may determine that non-compliance with any RFR requirement is insubstantial. In such cases, the Committee may:

a. Seek clarification from a Bidder;

b. Allow the Bidder to make technical corrections;

c. Apply appropriate adjustments in the scoring of the evaluation; or

d. Utilize other remedial action EOHHS deems appropriate, such as applying a combination of all three remedies.

Oral Presentation/Finalist Interviews The Committee may, in its sole discretion, invite Bidders whose Responses have been judged competitive and responsive in the course of the evaluation to participate in an oral presentation/finalist interview. At that time, the Bidder’s Responses may be discussed and clarified, but not changed in any way. The Committee reserves the right to apply restrictions to the structure and content of the oral presentations, and to instruct the Bidders regarding attendees and the presentation/interview process.

Oral presentations/finalist interviews shall not be open to the public nor to any competitors. Failure of a Bidder to agree to a date and time for a presentation/interview or to make a presentation/interview may result in rejection of the Bidder’s Response.

Site Visits The Committee may, in its sole discretion and at its convenience, elect to inspect any of the Bidder’s or subcontractor’s offices, facilities, or resources prior to executing a contract. Failure to agree to such a site visit may result in rejection of the Bidder’s Response.

Past Performance The Committee, in its sole discretion, may consider in its review process EOHHS’s previous evaluations of Bidders as contractors with EOHHS or Bidders’ performance in programs or contracts administered by EOHHS, and any corrective actions or restrictions imposed by EOHHS or other Commonwealth agencies. The Committee may also consider any information that may have previously been provided by the Bidder or is otherwise available or known to EOHHS.

References EOHHS, in its sole discretion, may request the Bidder provide references, and may verify or contact any references provided at any time during the evaluation process. In addition, EOHHS reserves the right to request, verify, and contact additional references from any Bidder at any time prior to executing a contract under this RFR.

Best and Final Offer (BAFO) EOHHS reserves the right to request a best and final offer (BAFO) from any Bidder.

Recommendation to Enter into Contract Negotiations After the Evaluation Committee completes its evaluation, comparison, and rating of Responses, (and, if applicable, finalist interviews/oral presentations, site visits, and reference checks), the Committee will recommend to the Secretary of Health and Human Services, or her designee, the Bidder(s) with whom to begin contract negotiations. The Secretary or her designee will make a decision based on the Committee’s recommendations and the best interests of the Commonwealth. EOHHS is under no obligation to award any contract pursuant to this RFR.

Best Value Selection and Negotiation EOHHS will select the Response(s) which, in its sole discretion, it determines demonstrate(s) the best value overall to EOHHS and the Commonwealth. EOHHS, in its sole discretion, may negotiate with any selected Bidder prior to executing a contract. A recommendation for a contract award will be contingent upon successful negotiation of contract terms, including budgets. Should EOHHS fail to reach an agreement on contract terms with any selected Bidder, EOHHS, in its sole discretion, may negotiate with and award a contract to any other Bidder it selects, or reopen the RFR, as set forth in Section 3.2.

Contract Awards The award of any contracts under this RFR shall be subject to sufficient appropriation, availability of state and federal funds, all necessary state and federal approvals, and successful negotiation of contract terms.

ADDITIONAL REQUIREMENTS

Issuing Office Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 COMMBUYS Market Center COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid Solicitation 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 Solicitation, as referenced in COMMBUYS, and are incorporated into the Bid Solicitation and any resulting contract. Bidders are solely responsible for obtaining all information distributed for this Bid Solicitation via COMMBUYS.

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

· Any amendments, addenda, or modifications to this Bid Solicitation, and

· Any Q&A records related to this Bid Solicitation.

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

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

All Bidders submitting a Quote (also referred to as Response) in response to this Bid Solicitation agree that, if awarded a contract: (1) they will maintain an active supplier account in COMMBUYS; and (2) in the event the Commonwealth adopts an alternate market center system, 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).

The COMMBUYS system introduces new terminology, which Bidders 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 OSD Help Desk at OSDHelpDesk@mass.gov or by calling the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM, Monday through Friday, Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidder Communications

1. RFR Contact Bidders are prohibited from communicating directly with any employee of EOHHS concerning this RFR. No other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR except as specified below. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk at OSDHelpDesk@mass.gov.

RFR Contact:

Shukri Osman, Procurement Coordinator Executive Office of Health and Human Services, One Ashburton Place, 11th Floor Boston, MA 02108 Email: shukri.osman@mass.gov

Reasonable Accommodation Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must submit a written statement to the RFR contact person describing the Bidder’s disability and the requested accommodation to the contact person for the RFR. The Commonwealth reserves the right to reject unreasonable requests.

Electronic Communication/Update of Bidder/Contractor Contact Information It is the responsibility of the prospective Bidder and awarded Contractor keep current the e-mail address(es) of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that e-mail inbox for communications from the Committee, including requests for clarification. The Committee and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated e-mail 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 e-mail communications sent to/from the prospective Bidder/awarded Contractor and EOHHS to be lost or rejected by any means, including e-mail or spam filtering.

RFR Questions Bidders may submit written questions concerning this RFR until no later than the date and time specified in the timetable in Section 1.7 of this RFR. Written questions must be sent to the RFR contact person at the e-mail address listed in Section 5.3.1. The Bid Q&A functionality in COMMBUYS will not be used for this RFR.

Questions received after the deadline may be disregarded. EOHHS will review questions received by the deadline and, at its discretion, prepare written responses to questions that EOHHS determines to be of general interest and relevant to the preparation of a Response. The written answers will be posted on COMMBUYS. Only written answers are binding on EOHHS. Bidders should check COMMBUYS for updates.

Closing Date Responses received after the Response due date and time specified in the FWC Procurement Timetable in RFR Section 1.7 will be rejected. Individual requests for extension of the time for submitting Responses will be denied.

Amendment or Withdrawal of RFR If EOHHS decides to amend or clarify any part of this RFR, a written amendment will be posted on COMMBUYS. EOHHS reserves the right to amend the RFR at any time prior to the deadline for submission of Responses and to terminate this procurement in whole or in part at any time.

RFR Errors This RFR may contain errors that may be corrected by EOHHS at any time prior to contract execution. Corrections to this RFR will be posted on COMMBUYS.

Supplier Diversity Program (SDP)

1. Program Background. Pursuant to Executive Order 599, 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 (see below for more information) by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

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(s) or non-profit organization(s). 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 acceptable Total SDP Commitment in response 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.

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:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE) Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

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

· 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.

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

· SDP Partners are not required to be subcontractors.

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

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

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, 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:

· 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.

· 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 are 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 the 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 describe 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:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

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

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

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

· An existing internal supplier diversity policy.

· 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:

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

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· 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.

Evaluation of SDP Forms. EOHHS will favorably consider Bidders with higher SDP Plan commitments. Bidders’ SDP Plans shall be reviewed and ranked based on each Bidder’s percentage commitment to their SDP Partner(s) and the quality of the narrative response. Bidders will be ranked using rankings of “highest among Bidders”, “middle” and “lowest/lower end”. 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.

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, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

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.

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.

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. Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc).

The selected Bidder, 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, provided by EOHHS at that time, 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 Electronic Funds Transfer (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 Evaluation Committee 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 Evaluation Committee will consider such requests on a case-by-case basis and communicate the findings with the Bidder.

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) initiative 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 as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) 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 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 Committee. The Committee 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 Committee 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.

Commonwealth of Massachusetts Standard Contract Form and Commonwealth Terms and Conditions for Human and Social Services Contracts The Bidder selected as the Contractor agrees to abide by the Commonwealth of Massachusetts Standard Contract Form and Commonwealth Terms and Conditions for Human and Social Services Contracts. EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder suggestion or requirement altering these documents will be disregarded.

Acceptance of Response Content The entire contents of the Bidders’ Response shall be binding. The specifications and contents of a successful Bidders’ Response may, at EOHHS’s discretion, be incorporated into the Contract.

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

Authorizations and Appropriations Any Contract awarded under this RFR is subject to all necessary federal and state approvals, as applicable, including from the Office of the Comptroller and is subject to appropriation of sufficient funding, as determined by EOHHS.

Independence By submitting a Response to this RFR, the Bidder certifies that the Response has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Confidentiality Selected Bidders shall comply with all confidentiality requirements set forth in Section 5 of Attachment A. The selected Bidder shall be required to comply with all state and federal laws and regulations applicable to the privacy and security of personal and other confidential information, which could include Mass Gen Laws c. 66A, Mass. Gen. Laws 93H, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the privacy and security regulations promulgated thereunder (45 CFR Parts 160 and 164) (the Privacy and Security Rules), and the additional terms, conditions and obligations relating to the privacy, security and management of personal and other confidential information set forth in Attachment A. Further, EOHHS 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 EOHHS to comply with all applicable state and federal laws and regulations relating to privacy and security, including but not limited to the Privacy and Security Rules.

Conflict of Interest Neither the Bidder nor any subcontractor it proposes to use may have any interest that will conflict with the performance of services required under any Contract resulting from this RFR, or that may be otherwise anti-competitive, as determined by EOHHS, for the duration of the Contract. In order to so demonstrate, a Bidder may be required to submit any additional relevant information requested by EOHHS regarding its or its subcontractor’s financial, legal, contractual or other business interests. If EOHHS, in their sole judgment, determine that a Bidder or its subcontractor possesses a conflicting interest, EOHHS may propose or consider any response of the Bidder for any measures which would eliminate or mitigate such conflicting interest to EOHHS’s satisfaction.

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

Section 5.18 Costs The Commonwealth will not be responsible for any costs or expenses incurred by Bidders in responding to this RFR.

Debriefing Upon notification of the award decision, any non-selected Bidder may make a written request for debriefing. A debriefing meeting provides the Bidder an opportunity to discuss the evaluation of its Response. A request for debriefing must be received by the RFR contact specified under Section 5.3.1 within 14 calendar days after the receipt of the award decision notification to the Bidder. Debriefing meetings shall be held at the discretion of EOHHS after the contract negotiation and execution process is complete.

Ownership of Submitted Responses EOHHS 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 of Massachusetts and will not be returned to the Bidder.

Public Records All Responses and related documents submitted in response to this RFR are public records and are subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10 and M.G.L. c. 4, § 7 subsection 26. Any statements in submitted Responses that are inconsistent with these statutes will be disregarded.

Response Duration The Bidders’ Response shall remain in effect until a Contract resulting from this RFR is executed.

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 are prohibited by law.

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 b) An uploaded picture of the signatory’s hand drawn signature; or 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.

Clinical and Safety Risk Assessment, Sites, Staffing, and Related Services RFR