Executive Office of Health and Human Services

DEPARTMENT OF

YOUTH SERVICES

Cecely A. Reardon, Commissioner

Request For Response RFR DYS POS 2026-14 Comment by Rose, Daniele M (DYS): fy27

DYS DIVERSION COORDINATION PROGRAM

MAY 2026

Table of Contents

REQUEST FOR RESPONSE

Boston, MA. 02109

BACKGROUND:

The Department of Youth Services (“DYS” or the “Department”) is reprocuring the Massachusetts Youth Diversion Program (MYDP). DYS, in partnership with the Office of the Child Advocate (OCA), launched this program as a pilot learning lab in the fall of 2021 in three sites. Since then, the program has expanded to a total of ten sites across the Commonwealth. This Request For Responses (RFR) reprocures a MYDP in Bristol County.

· THE CONTRACT AWARDED FROM THIS PROCUREMENT IS SUBJECT TO APPROPRIATION. DYS RESERVES THE RIGHT TO CHANGE THE TYPE OF PROGRAMMING DURING THE TERM OF THE AGREEMENT IF DYS DEEMS CHANGES ARE NECESSARY TO MEET THE NEEDS OF THE AGENCY.

The Massachusetts Youth Diversion Program was developed pursuant to recommendations of the state Juvenile Justice Policy and Data Board (JJPAD). (For more details, see: https://www.mass.gov/doc/improving-access-to-diversion-and-community-based-interventions-for-justice-involved-youth-0/download). The JJPAD Board found that diversion policies and practices varied widely across the State, resulting in an opportunity to improve youth outcomes by adopting Evidence-Based Practices to standardize policies and practices. In recommending the development and launch of the Massachusetts Youth Diversion Program, the JJPAD Board sought to develop and refine an effective diversion model that can be made available statewide, with the goal of addressing inequities and increasing the number of youths who can be successfully diverted by creating an evidence based, data driven diversion program that is funded at the state level and available in every community.

In 2018, a subcommittee of the Juvenile Justice Policy and Data (JJPAD) Board created the Model Program Guide to provide recommendations on the design of the Massachusetts Youth Diversion Program (MYDP) Learning Lab.

In its first year, the same subcommittee studied diversion and community-based interventions across the state and nation, and compiled its findings and recommendations to the Legislature in its report: Improving Access to Diversion and Community-Based Interventions for Justice-Involved Youth. The 2019 legislative report recommended the state launch a statewide diversion learning lab across three pilot sites.

In its second year, the Subcommittee developed a Model Program Guide, that contained recommendations on program design and delivery for the (MYDP) Learning Lab, to support the launch of the statewide diversion learning lab. The Guide came following extensive research on other diversion models here in the Commonwealth and across the country, and over a year of discussion.

The Massachusetts Youth Diversion Program model was developed with the following goals in mind:

· Reduce the likelihood of future offending by youth in the program and increase public safety

· Hold youth responsible for their actions

· Support positive youth development (PYD)

· Promote and ensure equity in the process

DYS used the Model Program Guide as a starting point for the Massachusetts Youth Diversion Program, recognizing that the Guide was developed based on the best available research and with the input of a wide variety of system partners. The program model is not static, however; it has and will continue to shift based on “lessons learned” over time, including feedback from referrers and service providers.

PROCUREMENT CALENDAR:

The Department will not be hosting a Bidder’s Conference for this RFR.

IMPORTANT NOTE:

For this RFR, ‘Quote’ refers to the electronic submission on Commbuys, DYS refers to the ‘Quote’ as the ‘Response’ within this RFR, ‘Responder(s)’ is the entity/organization responding to the RFR, and ‘Successful Responder(s)’ is the entity/organization awarded the contract.

OVERVIEW:

The Massachusetts Youth Diversion Program is run by community-based service providers in partnership with DYS. Each program site is staffed with at least one full-time Diversion Coordinator, supervised by the community-based service provider in conjunction with DYS. The MYDP has five key components:

1) Outreach and partnership with diversion referral sources: MYDP should be prepared to accept referrals from law enforcement (including school resource officers), clerk magistrate, district attorneys, and judges, all of whom have the legal authority to divert a youth from the justice system. Although defense attorneys cannot make the final decision to divert a youth, they can request and advocate for diversion for their client, and so are also important partners. The Successful Responder will have a well-developed plan for reaching out to local referrers, explaining the program, answering questions, and developing relationships to lead to successful diversion referrals. The Successful Responder will be aware of any existing diversion programs in their respective county and will include a strategy for working in tandem with those programs in their plan.

2) Intake and assessment: Once a referral is received, the Diversion Coordinator will conduct an intake process, which includes interviewing the youth, their family, and any key collaterals; using the YLS/SRV and YLS/CMI screening tools to identify criminogenic risks and needs, and the MAYSI-2 to screen for mental health concerns. (Training and coaching on the use of these tools will be provided by DYS).

3) Developing a diversion agreement: Based on the assessment process and conversations with the youth and their family, the Diversion Coordinator will develop a diversion agreement and case plan. Guidelines for diversion agreements are provided in the Model Program Guide, and DYS will also provide training on developing effective, evidence-based diversion agreements and case plans. As part of this agreement, the Diversion Coordinator shall administer any specific curriculum or provide any specific interventions as indicated by the referral as needed.

4) Ongoing case management and support: The Diversion Coordinator will work with each youth to help them successfully complete their diversion agreement, which may include helping to identify and overcome barriers to success.

5) Data collection: DYS has identified data elements that must be tracked to support ongoing program management and quality improvement. The Diversion program will be responsible for collecting these elements with fidelity and submitting regular data reports to the Department of Youth Services and the Diversion Program Manager.

The Successful Responder will be expected to implement all five key components. A budget for the proposed MYDP should be submitted with the response and include funding for:

1) At least one full-time Diversion Coordinator, who will be responsible for the daily case management for youth participating in the MYDP. The Diversion Coordinator(s) will be the main point of contact for youth in diversion, their families, service providers, and diversion referrers. The Diversion Coordinator(s) must be able to build professional relationships and rapport with each of these groups. The person(s) in this position must be able to work well with youth and adolescents. It is expected that the Diversion Coordinator(s) will be highly motivated, critical thinker(s) who can adapt to evolving circumstances and is passionate about the goals of the diversion program. Each Diversion Coordinator is expected to maintain a case load of at least twenty (20) youth.

2) Supervision of the Diversion Coordinator(s) within the provider organization. The supervisor overseeing the Diversion Coordinator(s) within the organization is required to participate in monthly meetings, attend all initial trainings, and provide support to the Diversion Coordinator(s) by offering consultation on assessments, as well as reviewing and approving all case plans.

3) Incidentals for youth in the Diversion Program to promote positive youth development and reduce barriers to interventions.

PRICING:

DYS’ annual budget for this project is $138,320.00 per diversion site. Responders are requested to submit a proposed budget with expenditure line items for each of the items listed above, as well as any other expected use of these funds towards the diversion program. The Department expects that the annual salary for the Diversion Coordinator(s) will be $70-$80K, commensurate with education and experience level.

Budgets should offer separate costs for personnel and any travel-related costs. The first budget will be for FY27 ending 6/30/2027 and the second budget will be for FY28 ending 6/30/2028 for the two-year contract. A budget narrative detailing the proposed costs for each section must be included with the submitted budget.

The award from this procurement is subject to annual appropriation.

PROPOSAL SUBMISSION:

The Application Deadline for this proposal is Tuesday, June 30th, 2026 @ 4pm EDT.

Effective July 1, 2014, all procurements posted on COMMBUYS, i.e., Bids, require submitting electronic responses on COMMBUYS, i.e., Quotes. To submit an electronic Quote on CommBuys, Responders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@state.ma.us.

The Department has attached a job aid to this RFR with instructions on submitting a quote on COMMBUYS.

DYS CANNOT ACCEPT HARD COPY RESPONSES TO THIS REQUEST FOR RESPONSE.

1. All pages must be consecutively numbered to facilitate review and cross-referencing during the proposal evaluation.

2. Proposals are limited to thirty (30) pages plus applicable appendices. For this RFR, a page is defined as one side of a double-sided, single-spaced sheet of paper, using a 12-point typeface, with one-inch margins on both sides, top and bottom.

3. A Table of Contents should be provided to assist the reviewers in finding relevant response information.

4. Responders should review and respond to the proposal requirements in the Question and Response Guidelines section of this RFR.

Representatives from the Department are available to respond to both programmatic and fiscal questions specific to this RFR. All questions must be sent via e-mail to:

Phillip.w.davis@mass.gov

GENERAL RFR ADMINISTRATIVE SPECIFICATIONS

A Procuring Department may for any reason, and at any time prior to the execution of a Contract, and without penalty, notify Responders of a cancellation of a Procurement and the rejection of all Responses under the conditions of 801 CMR 21.06 (7) Procurement Cancellation.

RESPONSE REQUIREMENTS

Responses must include the full range of services for the program being proposed, as described in this RFR. The Successful Responder will be responsible for all aspects of the operation of the program and will be expected to maintain compliance with RFR and contract bid requirements throughout the life of the contract.

Application Narrative Responses must address the following required proposal components:

1. Please describe your organization’s plan for implementing the Massachusetts Youth Diversion Program as outlined above, including your organizational experience and expertise relevant to effective implementation of the plan.

2. Please describe your plan for outreach to local system partners and potential referrers to developing ongoing partnerships, including a description of your prior experiences working with law enforcement, clerk magistrates, district attorneys and judges; examples of your previous collaborations amongst the system partners you have identified; any outreach you have done in preparation for this proposal; and your plan for developing relationships with system partners you have not previously worked with.

3. Please include a letter of support from at least one, with a preference for two or more eligible referrers in your community (police, juvenile clerk magistrate, district attorney, juvenile court judge). Additional consideration will be given where referrers indicate a commitment to referring young people to MYDP if the responding agency is awarded the contract.

4. The diversion provider is expected to connect youth participants with services as appropriate. In some cases, these may be services your organization provides; in other cases, you may need to work with different community organizations. Please describe the services you anticipate being able to connect youth with in-house, as well as your organization’s experience collaborating with community organizations and other youth service providers for service referrals, including ongoing monitoring of quality of services and ability to confirm youth participation/completion as appropriate.

5. A key element of the Massachusetts Youth Diversion Program is data collection. Please describe your organization’s experience with, and plan for, collecting data on a variety of metrics, including information on the demographic characteristics of the youth the program serves, the referrals that are made, interventions used, outcomes of cases, and for ensuring the quality of data submitted.

6. Diversion Coordinator(s) will be responsible for monitoring the progress of youth and communicating with their families throughout their participation in diversion. Please describe how you will provide for meaningful engagement with families and youth, including communication with the youth and their families in their primary language.

7. The Diversion Coordinator(s) will require Youth Level of Service/Case Management Inventory & Screening Research Version (YLS/SRV, YLS/CMI) and Massachusetts Youth Screening Instrument (MAYSI) training and supervision to ensure they are successful in meeting the demands of providing adequate services to youth using a positive youth development framework. Please provide a plan for how you will provide additional necessary training and ongoing supervision for the Diversion Coordinator(s) to troubleshoot challenges and barriers, promote quality assurance, and support their ongoing skill development.

8. Please describe the steps your organization currently takes to ensure equity and inclusion in the delivery of services and what steps you will specifically take to promote equity and inclusion in the implementation of the Massachusetts Youth Diversion Program. Please include any relevant data on populations you serve and specific steps you will take to address existing inequities in access to/provision of services.

9. MYDP seeks to continuously improve and refine its model. A certain level of flexibility and enthusiasm for collaborative problem-solving will be required. Please describe how your organization would envision participating in the ongoing learning process and collaborative program refinement.

10. Please provide evidence that your organization or the project lead (if the applicant/Responder is a multi-partner team) for the proposed project has the ability to:

a) Serve as the primary communications link between DYS and all collaborating partners on fiscal, contract, and budget matters;

b) Serve as the primary awardee on behalf of itself and all collaborating partners;

c) Perform all core fiscal operations, such as (a) DYS contract management, (b) issuing and managing subcontracts with all collaborating partners, (c) budget development, management, and modification, (d) invoicing and payments, (e) fiscal reporting, and (f) end-of-contract closeouts;

d) Manage revenue and expenses for collaborating partners, as necessary, by issuing payments to partners based on the presentation of a bi-monthly invoice and incorporating all such subcontract expenses into a bi-monthly invoice to DYS;

e) Conduct fiscal oversight and monitoring of subcontractors, using standards of performance outlined by DYS and the Comptroller of the Commonwealth

f) Complete and submit to DYS a close-out report describing the funded project and documenting through narrative and outcome data the impact the project had on achieving the diversion program goal(s).

11. Please submit a multi-year budget for the proposed project. The first budget will be for FY27 ending 6/30/2027 and the second budget will be for FY28 ending 6/30/2028. A budget narrative detailing the proposed costs for each section must be included with the submitted budget.

EVALUATION CRITERIA

DYS utilizes a consensus model of evaluating proposals. The evaluation committee members independently read and review all proposals and then meet as a group to discuss and jointly rate all qualified proposals. The committee members are oriented so that there is uniformity, accountability, fairness, and efficiency in the awarding of contracts.

The evaluation committee members may use sources of information other than the Responder's written submission to evaluate proposals. DYS may follow-up with Responders via telephone or in-person for clarification of their proposal.

Committee members evaluate each proposal against the established criteria below.

2. Does the proposal successfully describe the organization’s plan for outreach to local system partners and potential referrers to developing ongoing partnerships, including a description of the organization’s prior experiences working with law enforcement, clerk magistrates, district attorneys and judges; examples of the organization’s previous collaborations amongst the system partners that have been identified and the plan for developing relationships with system partners that have not been previously worked with?

Diversion Coordinator Sample Job Posting The Diversion Coordinator is responsible for the daily case management for youth participating in the Commonwealth’s diversion program. The Diversion Coordinator is the main point of contact for youth in diversion, their families, service providers and diversion referrers. Coordinators must be able to build professional relationships and rapport with each of these groups. The person in this position must be able to work well with youth and adolescents. Applicants should be highly motivated, critical thinkers who are able to adapt to evolving circumstances and who are passionate about the goals of the diversion program.

The Massachusetts Diversion Program aims to:

1. Reduce the likelihood of future offending by youth in the program and increase public safety

2. Support positive youth development

3. Promote and ensure equity in the process

4. Hold youth responsible for their actions Essential Functions:

• Meet with youth referred to the diversion program and their families, including in home, office, and community-based visits, and explain the diversion process and expectations

• Gather information to effectively craft an individualized diversion agreement for each youth by conducting risk/need assessments, interviewing youth, families, victims, and referrers, and reading police, school and other necessary agencies’ reports

• Match youth to appropriate interventions for their case plan and develop the diversion agreement based on that case plan

• Monitor the progress of youth throughout the diversion process

• Meet with youth at a pre-determined frequency in the community or at other approved locations

• Keep in contact with youth at a pre-determined frequency through visits, phone calls, text messages, or other approved methods

• Communicate with other system partners and service providers across the communities served, including ongoing attempts to raise awareness about the availability of the program

• Build on community connections and establish partnerships for future programming

• Engage youth throughout case planning and communicate expectations at each stage of diversion

• Ability to handle confidential information

• Attend court hearings and other meetings relevant to youth needs

• Distribute, collect and input data on Diversion cases for purposes of evaluation

• Keep documentation of progress in a secure area only accessible by diversion staff

• Participate in trainings and other professional development

• Other duties as assigned Minimum Qualifications:

• Bachelor’s degree in Criminal Justice, Social Work, Psychology, Sociology or related field OR Associates degree with 2+ years direct experience in preferred qualifications.

Note:

· Through Executive Order #627, the Commonwealth will work to emphasize skills-based hiring practices, focusing primarily on applicants’ skills, relevant experiences, knowledge, and abilities in an effort to increase access to quality jobs for nontraditional candidates with varied backgrounds and work experiences, and reduce structural barriers that result in inequities in pay and access to employment.

• Experience working with at-risk youth

• Experience working with diverse communities

• Knowledge of community groups, events and connections in area Diversion Coordinator will be working in

• Ability to adapt, think critically and problem solve in high stress environments

• Ability to collaborate and work independently at times

• Ability to maintain relationships with youth, their families, service providers, diversion referrers and other partners

• Understands the value of repairing harm caused by individuals or society, and engaging individuals and community in the process

• Strong organizational and time management skills

• CORI check conducted, but not automatically disqualifying Preferred Qualifications:

• Lived or work experience in child welfare or juvenile justice agencies

• Master’s Degree in Criminal Justice, Social Work, Psychology, Sociology or related field

• Knowledge of Spanish or a second language that is spoken by a portion of the community Diversion Coordinator will be working in

• Ethic of service, including volunteering experience

• Driver’s license and access to a car

• Knowledge of/ experience in restorative justice practices

• Knowledge of/ experience in screening/assessment tools, case planning and evidence-based practices

COMMONWEALTH OF MASSACHUSETTS

STANDARD TERMS AND CONDITIONS

GENERAL RFR INFORMATION

Published Date: October 5, 2021 In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

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.

1. 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 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.

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.

2. 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 Response) in response to this Bid (previously referred to as 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 Responders 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.

3. 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.

4. 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.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Orders 523 and 565, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP) 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.

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 described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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.

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.

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.

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

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. 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.

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.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products). Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural, or horticultural commodities; the growing and harvesting of forest products; the raising of livestock, including horses; raising of domesticated animals, bees, and/or fur-bearing animals; and any forestry or lumbering operations.

9. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or 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, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

10. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the 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 for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

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

12. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

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

14. 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 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 contractors 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 Responders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the 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.

15. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

16. 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 Responder’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 Responder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

17. Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

18. 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 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 is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

19. 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.