ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW RFP-FINAL 5.6.24.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF THE TRIAL COURT

REQUEST FOR PROPOSALS (RFP)

ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW

SUMMARY SHEET

Purchasing Entity:

Executive Office of the Trial Court

Address:

Two Center Plaza Suite 540 Boston, MA 02108

RFP File Name/Title:

Economic Analysis Services for Child Support Guidelines Review

RFP Manager:

Denise Fitzgerald, Esq.

RFP Summary:

The Executive Office of the Trial Court (“EOTC”) seeks an economic consulting services organization or consultant to assist the EOTC with its federally required review of the Massachusetts Child Support Guidelines (“Child Support Guidelines”). The selected vendor must be knowledgeable in population and family economics, data analysis, and policy formulation. The Child Support Guidelines are used by the justices of the Trial Court in setting temporary, permanent, or final orders of child support, in deciding whether to approve agreements for child support, and in deciding cases that are before the court to modify existing child support orders.

Official Publication Solicitation and Related Documents:

The Commonwealth’s sole official online procurement record site is “COMMBUYS”, http://www.commbuys.com. All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS website. Hardcopy communications from the EOTC to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the EOTC.

***BID SUBMISSION DEADLINE***

JUNE 10th , 2024 at 12:00 pm (EST)

RFP TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

SECTION 1.0 GENERAL SUMMARY 4

SECTION 2.0 ACQUISITION METHOD 6

SECTION 5.0 ANTICIPATED CONTRACT DURATION 7

SECTION 6.0 ANTICIPATED COMPENSATION STRUCTURE 7

SECTION 7.0 PROCUREMENT PROCESS 7

SECTION 7.1 TECHNICAL PROPOSAL REQUIREMENTS 11

SECTION DESCRIPTION PAGE

SECTION 7.2 PRICING PROPOSAL 15

SECTION 7.3 PROPOSAL EVAULATION 16

SECTION 7.3.11 VENDOR SELECTION AND CONTRACT NEGOTIATIONS 19

SECTION 7.3.12 ESTIMATED EVALUATION WEIGHING 20

SECTION 8 CONTRACT OBLIGATIONS 20

SECTION 9 MISCELLANEOUS PROVISIONS 21

SECTION 10 APPENDICES 24

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF THE TRIAL COURT

Request for Proposals (RFP)

ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW

Published: May 6th , 2024

Section 1.0 – General Summary

In issuing this Request for Proposals (“RFP”), the Executive Office of the Trial Court (“EOTC”) seeks proposals from qualified vendors, which are vendors that must be knowledgeable in population and family economics, data analysis and policy formulation to assist the EOTC in its review of the Massachusetts Child Support Guidelines (“Child Support Guidelines”).

Section 1.1 – Procuring Entity

This RFP is issued by the EOTC, which is responsible for the overall management of the Trial Court Department of the Judicial Branch of the Commonwealth of Massachusetts.

This RFP is issued under laws, rules, procedures and practices applicable to the Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 C.M.R. § 21.00 et seq., which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor selection and contract negotiation phases of this procurement process.

Section 1.2 – Project Background

The Child Support Guidelines are used by the justices of the Trial Court in setting child support orders, in deciding whether to approve agreements for child support, and in deciding cases that are before the court to modify existing child support orders.

Federal law requires that the EOTC review the Child Support Guidelines at least once every four years to ensure that the application of the Child Support Guidelines “results in the determination of appropriate child support order amounts.” 42 U.S.C. § 667(a); 45C.F.R. § 302.56(e). Under the current 45 C.F.R. § 302.56(b), the Child Support Guidelines must at a minimum:

(i) Provide that the child support order is based on the noncustodial parent’s earnings, income, and other evidence of ability to pay that:

(ii) Takes into consideration all earnings and income of the noncustodial parent (and at the State’s discretion, the custodial parent);

(iii) Takes into consideration the basic subsistence needs of the noncustodial parent (and at the State’s discretion, the custodial parent and children) who has a limited ability to pay by incorporating a low-income adjustment, such as a self-support reserve or some other method determined by the State; and

(iv) If imputation of income is authorized, takes into consideration the specific circumstances of the noncustodial parent (and at the State’s discretion, the custodial parent) to the extent known, including such factors as the noncustodial parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the noncustodial parent, prevailing earnings level in the local community, and other relevant background factors in the case.

As part of the EOTC’s review of the Child Support Guidelines 45 C.F.R. § 302.56(h) requires the EOTC:

(1) Consider economic data on the cost of raising children, labor market data (such as unemployment rates, employment rates, hours worked, and earnings) by occupation and skill-level for the State and local job markets, the impact of guidelines policies and amounts on custodial and noncustodial parents who have family incomes below 200 percent of the Federal poverty level, and factors that influence employment rates among noncustodial parents and compliance with child support orders;

(2) Analyze case data, gathered through sampling or other methods, on the application of and deviations from the child support guidelines, as well as the rates of default and imputed child support orders and orders determined using the low-income adjustment required under paragraph (c)(1)(ii) of this section[45 C.F.R. § 302.56]. The analysis must also include a comparison of payments on child support orders by case characteristics, including whether the order was entered by default, based on imputed income, or determined using the low-income adjustment required under paragraph (c)(1)(ii). The analysis of the data must be used in the State’s review of the child support guidelines to ensure that deviations from the guidelines are limited and guideline amounts are appropriate based on criteria established by the State under paragraph (g); . . .

The selected vendor will gather information and analyze data consistent with the provisions of 45 C.F.R. § 302.56, including the cost of living data for Massachusetts, with an emphasis on data concerning the cost of raising a child or children in Massachusetts. The selected vendor will analyze what impact, if any, the current cost of living data has on the current Child Support Guidelines that became effective on October 4, 2021, as amended July 31, 2023. The selected vendor will compare any differences between the cost of living data for 2020-2021 and the present data. The economic models examined during the 2020-2021 review of the Child Support Guidelines include, but are not limited to, the United States Department of Agriculture’s annual estimate of expenditures on children nationally, the United States Department of Agriculture’s estimate of expenditures on children in the Northeast, and the Betson-Rothbarth estimation of the marginal cost of children. The review conducted in 2020-2021 also compared the Child Support Guidelines to the guidelines amounts in five neighboring jurisdictions (Connecticut, New Hampshire, New York, Rhode Island and Vermont) and four other high costs jurisdictions (California, Maryland, New Jersey, and Washington D.C.). The full details of the economic models reviewed during the 2020-2021 review may be found in the Economic Review of the Massachusetts Child Support Guidelines, 2020-2021 which can be obtained at https://www.mass.gov/info-details/child-support-guidelines#2018-guidelines,-forms,-and-information-.

Like previous Task Forces that reviewed the Child Support Guidelines, the 2020-2021 Task Force concluded that establishing child support guidelines ultimately requires consideration of economic principles, as well as public policy issues. As a result, the Child Support Guidelines reflect broad principles and implications of the economic research but not specific numeric results.

The selected vendor must be present at the 2024-2025 Child Support Guidelines Task Force meetings, whether virtual or in person. After the selected vendor completes his or her analysis, the selected vendor must submit an interim/draft report summarizing, analyzing and discussing the trends the current data shows regarding the cost of raising children in Massachusetts and whether this data affects the current Child Support Guidelines. The selected vendor will present an interim/draft report for review and comment by the 2024-2025 Child Support Guidelines Task Force and the EOTC. Following the review and comment period, if appropriate, the selected vendor will revise the draft report and submit a final report. As part of the review process, the selected vendor will present findings to Heidi E. Brieger, Chief Justice of the Trial Court. The selected vendor’s report and findings will be one part of the Task Force’s overall analysis of the Child Support Guidelines.

Section 2.0 – Acquisition Method

The products and services to be rendered as a result of this RFP will be obtained under a fee-for-service contract that provides for both specified deliverables (e.g., interim/draft report; final report; Child Support Guidelines Chart; Child Support Guidelines Worksheet; etc.) and services (e.g., economic research; data analysis; etc.) to be provided during the term of the contract. The EOTC will have full ownership rights to the deliverables provided under this contract, including full copyright ownership.

Section 3.0 – Single or Multiple Contractors

The EOTC intends to award a contract to a single vendor who will provide the specified deliverables and services detailed in this RFP. Due to possible changes in the EOTC’s needs, the availability of bidders and other factors, the EOTC reserves the right to award contracts to multiple vendors under this solicitation.

Section 4.0 – Single Department Procurement

This procurement is intended for the exclusive use of the EOTC.

Section 5.0 – Anticipated Contract Duration

The initial term of any contract resulting from this procurement shall be eighteen (18) months. Any contract resulting from this procurement shall have one (1) optional renewal period of six (6) months, which may be activated and exercised at the sole discretion of the EOTC.

Section 6.0 – Anticipated Compensation Structure a.) The anticipated compensation for the resulting contract will be project-based and shall consist of a flat fee of $70,000.00 for all required deliverables and services (all related costs, overhead, administrative costs, time, materials, etc., projected and calculated in an itemized pricing proposal). The EOTC has established a maximum obligation of $70,000.00 for any contract resulting from this RFP. Responses to this bid must not exceed $70,000.00. Bidders to this solicitation will be required to provide a complete breakdown of prices and costs for the various elements of the contract for services as part of their proposal.

b.) Payment under the terms of the contract will be based on a schedule of deliverables. The selected vendor will be paid one-half (1/2) of the contract price after its submission of, and the EOTC’s acceptance, of the interim/draft report. The selected vendor will be paid the remaining one-half (1/2) of the contract price after its submission of, and the EOTC’s acceptance of, the final report. Contractors who underestimate their costs may not request additional compensation. Any component of the project not listed with its price shall be deemed to be available to the EOTC at no charge.

Section 7.0 – Procurement Process

Section 7.0.1 – Procurement Timetable[footnoteRef:2] [2: The EOTC reserves the right to amend or delay any of the dates or times reflected above, as well as any other timeframes or deadlines referenced throughout this solicitation, if such a change is in the best interests of the EOTC.]

The following schedule of events for this RFP identifies the key events and deadlines for this process, some of which are set forth in more detail in the sections that follow:

*Times are Eastern Standard/Daylight Savings (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.

Section 7.0.2 – Correspondence

All correspondence, including Vendor Inquiries and Vendor Proposals related to this RFP should be submitted through the Bid Q&A Tool on COMMBUYS (See Section 7.0.5).

It is the responsibility of the prospective Bidder/Program to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Trial Court 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

Section 7.0.3 – Vendor Questions a.) Vendors may submit questions concerning this RFP to the Bid Q&A Tool on COMMBUYS no later than the dates and times specified in the Procurement Timetable (Section 7.0.1). Vendors are advised that the EOTC: (1) restricts submission of questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone or in-person inquiries will be accepted.

b.) The EOTC will review and consolidate vendor questions received by the deadline for submission and will provide answers for those questions deemed appropriate. Submission of a question does not guarantee a response to that question. The EOTC reserves the right to provide consolidated responses to similar questions. Only properly submitted inquiries (submitted by the deadline on COMMBUYS) will be addressed. The Answers to Vendor Questions will be made available electronically via COMMBUYS (Commonwealth Procurement and Solicitation System - http://www.commbuys.com ) to all vendors.

c.) Vendor inquiries on any portion of the RFP should NOT include proposed or actual cost data. The inclusion of any proposed or actual costs in any inquiry may result in the vendor’s disqualification.

Section 7.0.4 – Restrictions on Contact with Court Personnel a.) From the issuance of this RFP until a contract resulting from this RFP is executed by the selected vendor, any contact regarding this RFP (other than as permitted in this RFP) with personnel employed by or contracted to the Trial Court is prohibited, except as specified in Section 8.4. During this time period, no vendor shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal.

b.) Vendors currently under contract with the EOTC/Office of Court Management (“OCM”), or that are otherwise already providing goods or services to the Trial Court for other projects, shall not make any contact with the EOTC/OCM regarding this RFP as part of any communications related to their pre-existing obligation. Any attempts at communication regarding the current RFP process will be considered a failure on the vendor’s part to conform to the provisions of this RFP and may result in the vendor’s disqualification.

c.) During the aforementioned time period, no vendor shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal, except as specified in Section 8.4.

d.) Violation of these conditions may be considered as sufficient cause to reject a vendor’s proposal and/or selection irrespective of any other consideration.

e.) A copy of the No Contact Policy is included in Appendix B - Mandatory RFP Forms - and must be signed by the vendor and included in the vendor’s Technical Proposal.

f.) Should the need arise; the EOTC may contact vendors for clarifications pertaining to that particular vendor’s proposal at any time during the solicitation process.

Section 7.0.5 – COMMBUYS a.) The Commonwealth’s sole online procurement record site is “COMMBUYS” at http://www.commbuys.com. All communications, clarifications, notifications, addenda or other documents or information related to this solicitation are made through the COMMBUYS website.

b.) The EOTC, as a courtesy, may notify vendors directly of any clarifications, notifications, addenda or other documents or information related to this solicitation; however, the official publication source for any information provided is the COMMBUYS website. For this reason, vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the EOTC. Access to the COMMBUYS website is free and vendors need to enroll and register per the instructions on the website: http://www.commbuys.com.

c.) Vendor assistance including technical assistance, troubleshooting, and job aids are available at OSDHelpDesk@mass.gov or calling 1-888-627-8283 or 617-720-3197 during normal business hours (8am - 5pm ET Monday – Friday)

Section 7.0.6 – Mandatory RFP Documents a.) The vendor is required to submit fully executed originals of the following documents and forms with its Technical Proposal for its proposal to be considered in compliance with this RFP:

iii.) Prompt Pay Discount Form.

b.) All of the forms detailed above are attached to this RFP in Appendix B – Mandatory RFP Forms.

Section 7.0.7 – Sample Mandatory Contract Documents a.) The selected vendor will be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP in Appendix C – Sample Mandatory Contract Forms):

i.) Commonwealth of Massachusetts Standard Contract Form;

ii.) Commonwealth of Massachusetts Terms and Conditions Form;

iii.) Electronic Funds Transfer (“EFT”) Sign Up Form;

b.) These Sample Mandatory Contract Documents are provided only for review and reference and are not to be completed or submitted as part of the RFP solicitation process.

Section 7.0.8 – Submission of Proposals a.) Each response to this RFP must consist of two (2) uploads to COMMBUYS:

i.) Technical Proposal; and ii.) Pricing Proposal.

b.) All responses must submitted electronically through COMMBUYS. E-mail, paper, telegraphic, facsimile, oral, or telephonic responses or proposal submissions will not be accepted. Any such response or proposal will not be considered as a valid response or proposal to this RFP.

c.) Detailed instructions on how to submit a bid on COMMBUYS are located in Appendix D.

Section 7.0.9 – Technical Proposal Submission

The Technical Proposal must be submitted electronically through COMMBUYS (See Appendix D).

Section 7.0.10 – Pricing Proposal Submission

The Pricing Proposal must be submitted electronically through COMMBUYS (See Appendix D).

Section 7.0.11 – Proposal Due Date a.) Both the Technical Proposal and the Pricing Proposal must be received by the EOTC no later than the date and time indicated in Section 7.0.1 via COMMBUYS.

b.) It is the vendor’s responsibility to ensure that its proposal is received before the submission deadline and time specified in Section 7.0.1. Allow ample time to upload proposals so that any technology issues that may occur do not affect the ability to submit a timely proposal.

Section 7.0.12 – Clarification and Correction of Proposal

The Evaluation Committee may request additional information from vendors needed to clarify the vendor’s proposal or to facilitate the fair comparison of competing vendor proposals. These requests may be in the form of questions seeking to clarify a technical or pricing proposal item.

Section 7.0.13 – Mandatory Response Requirements v. Bolded or Underlined Text

Bold face text or underlined text is used throughout this RFP for emphasis only. Mandatory Proposal Requirements are indicated by the terms “must”, “shall” “is/are required” or “will”, regardless of the highlighting or font style in the RFP.

Section 7.1 – Technical Proposal Requirements

Section 7.1.1 – General Information a.) Responses to this RFP must be prepared and submitted in accordance with requirements outlined in this RFP.

b.) Any proposal submitted with material deviations from the prescribed format, as determined by the EOTC, may be considered non-responsive and excluded from further consideration or evaluation at the sole discretion of the EOTC.

Section 7.1.2 – No Pricing Information in the Technical Proposal

Pricing information of any kind, regarding the services and/or products proposed, must not be included in any section of the Technical Proposal. Any Technical Proposal containing pricing information may be disqualified. Pricing information must be included only in the vendor’s Pricing Proposal.

Section 7.1.3 – Technical Proposal Specifications

Vendor proposals must be responsive to the Scope of Services and address each specification, task or component included herein. See Appendix A for the Scope of Services.

Section 7.1.4 – Technical Proposal Format Outline

Each Technical Proposal submitted in response to this RFP shall include the following sections, the requirements for which are provided in the following section:

Technical Proposal Outline

Technical Section 1: Technical Proposal Transmittal Letter Technical Section 2: Executive Summary Technical Section 3: Mandatory Forms (See Appendix B) Technical Section 4: Vendor Qualification Technical Section 5: Staff Qualifications Technical Section 6: Client References

Section 7.1.5 – Technical Proposal Format

The Technical Proposal shall detail the vendor’s approach to each of the vendor tasks detailed in Appendix A. Vendors must use the section numberings and headings as outlined below for the format of their response. In parentheses after each heading below are references to the specific sections in this RFP to which the vendor must respond.

Section 7.1.6 – Technical Proposal Transmittal Letter

The Transmittal Letter is used to communicate the vendor’s submission of a proposal in response to the requirements contained in the RFP. The Technical Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor to all representations and commitments made in the vendor’s response.

ii.) Identify the name and contact information of the vendor’s representative who may be contacted for all contractual matters.

iii.) Indicate the vendor’s acceptance of all the terms and conditions in this RFP.

iv.) Clearly state that the vendor’s proposal is valid for ninety (90) days after the submission of the proposal or, upon mutual agreement, for a specified, longer period of time.

v.) Include a complete disclosure of any criminal litigation or regulatory action in which the vendor has been judged guilty by a court of law or been found responsible or liable by an administrative or governmental entity within the last five (5) years related to the subject matter of this RFP. Civil actions resulting in losses, settlements or potential liability in excess of $250,000 must be included. If none, the vendor must include a statement to that effect.

Section 7.1.7 – Executive Summary a.) The vendor shall submit an Executive Summary that briefly outlines its Technical Proposal. The Executive Summary shall, at a minimum, include a summary of the proposed services to be provided by the submitting vendor as well as any subcontractors.

b.) This section should highlight aspects of the vendor’s proposal, which make it superior or unique in addressing the needs of the EOTC.

c.) The Executive Summary is intended as an overview document that summarizes the contents of the Technical Proposal. Marketing literature, excessive descriptions and detailed documentation are discouraged. While strict page limits are not mandated, vendors are encouraged to be concise and direct in describing their response.

Section 7.1.8 – Mandatory Forms and Disclosures

The vendor shall attach to its Technical Proposal all mandatory forms and disclosures required by this RFP. Mandatory forms are included in Appendix B.

Section 7.1.9 – Vendor Qualifications a.) The Vendor Qualifications portion of the proposal must contain the following information:

i.) the vendor’s legal name;

ii.) the vendor’s state of incorporation;

iii.) nature of legal entity of the vendor (e.g., Incorporated, D/B/A, L.L.C., etc.);

iv.) brief background of the vendor; and v.) the vendor’s current staffing.

b.) The vendor must also provide documentation of its “good standing” as a legal entity (corporation, partnership, etc.) in the state or jurisdiction where it is registered as a legal entity. For example, in the Commonwealth of Massachusetts, incorporated entities are required to file annual reports with the Secretary of the Commonwealth and pay the appropriate annual fees. Those vendors in compliance with the Secretary of Commonwealth’s requirements are considered to be in ‘good standing’ and may obtain a certificate stating that they are. If a vendor is not able to obtain a certificate or document of good standing, the vendor should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental or administrative entity with which it is registered (and should identify that regulatory, governmental or administrative entity).

c.) The vendor must notify the EOTC of, and provide information on, any contracts or other agreements for economic consulting services between the vendor and a client that were terminated before the anticipated end of the scheduled term of the contract or lease during the last five (5) years due to non-compatible/effective deliverables, system deficiencies or client dissatisfaction. The information provided must indicate the name of the client, the product and/or services rendered the timeframe in which the contract or lease was in existence including start date and scheduled term, the premature termination date and the reason for the premature termination. The EOTC reserves the right to ask for further materials and information on any responses provided to this section. In the event the vendor and client executed a confidentiality agreement relating to the premature or early termination of a lease, contract or other agreement, the vendor is to state such a confidentiality agreement exists and is to provide as much information as is allowable under the confidentiality agreement, including the identity of the client.

d.) The vendor must identify and provide information on any contracts, leases or other agreements that the vendor has entered into with any agency or department of the Commonwealth of Massachusetts in the past five (5) years. The information provided must indicate the name of the state agency or department that the vendor contracted with, the dates/timeframe of the contract or lease and the nature of the products and/or services provided.

Section 7.1.10 – Staff Qualifications a.) The vendor must identify what staff, employees or subcontractors it anticipates utilizing for the economic services to be rendered to the EOTC for this project. Anticipated staff, employees or subcontractors should be identified by:

i.) job title;

ii.) department;

iii.) years of experience;

iv.) relevant education history; and v.) description of the services they are anticipated to provide.

b.) Bidders should indicate the consultant’s experience with large organizations, with governmental organizations and with the Judicial Branch.

Section 7.1.11 – Client References

The vendor is expected to provide two (2) client references that demonstrate experience in delivering the type of products and services described in this RFP. Client references must be based on work the vendor has performed within the past ten (10) years. Each client reference should include the following information:

i.) Name and address of the client;

ii.) Contact information for client’s representative;

iii.) Description of project, including functional purpose, goals and objectives;

iv.) Description of products and services provided; and v.) Current project status (live, completed, phase, suspended, delayed, terminated) and reasons for any delays or terminations.

Section 7.1.12 – Response to Vendor Tasks a.) The vendor’s proposal should provide a detailed plan as to how the vendor proposes to assist the EOTC in conducting its review of the current cost of raising children in Massachusetts.

b.) The vendor should incorporate the vendor tasks included in Appendix A, Scope of Services, into its proposal and should indicate how it intends to provide each task or service identified. The vendor should also identify any elements or aspects that they deem necessary and important to the process that are not identified by the EOTC in its Scope of Services.

c.) The vendor should also provide details on the processes, approach and strategies employed in prior instances of reviewing the cost of raising a child in Massachusetts or other jurisdictions.

Section 7.2 – Pricing Proposal

Section 7.2.1 – Pricing Proposal Requirements

The vendor’s Pricing Proposal shall be labeled and sealed separately from the remainder of the vendor’s Technical Proposal. The vendor shall include the following items in its Pricing Proposal, the requirements for which are described in the following sections:

Pricing Proposal

Section 7.2.2 – Pricing Proposal Transmittal Letter

The vendor’s Pricing Proposal Transmittal Letter must:

Section 7.2.3 – Pricing Schedule(s) a.) The vendor must complete a Pricing Schedule as part of the Pricing Proposal.

b.) The vendor is to propose a price for all project activities, including materials and any other services proposed. Pricing Schedule(s) shall be submitted as part of the vendor’s Pricing Proposal.

i.) The vendor is to provide a complete breakdown of the costs, and manner of calculation (e.g., per day, per item, flat fee, etc.), for all aspects of the tasks and services proposed by the vendor in its Technical Proposal.

ii.) The EOTC requests a menu of prices or a schedule of costs for each phase of products and services (deliverables) to be rendered to the EOTC under this RFP. The vendor may group each phase or deliverable as it corresponds to its technical approach.

c.) The EOTC prefers a fixed price for each element of the products and services to be rendered under this project. For any tasks or elements for which the vendors wish to offer any other form of pricing (e.g., hourly, daily, etc.), the vendor should provide the base cost per unit (hour, day, etc.) and the estimated total number of units for the tasks.

d.) The Prompt Pay Discount Form provided in Appendix B – Mandatory RFP Forms must be submitted as part of the vendor’s Pricing Schedule.

Section 7.2.4 – General Cost Considerations a.) The vendor must offer a price and cost breakdown for all products and services necessary for the proper implementation and completion of this project. Payments will be issued in accordance with a payment schedule for each completed deliverable or previously identified project phase.

b.) A deliverable will be considered “completed” when all of the specified acceptance criteria have been met and the deliverable is accepted.

Section 7.3 – Proposal Evaluation

Section 7.3.1 – Introduction

This section provides a description of the evaluation process and evaluation criteria that will be used to evaluate the proposals. To be deemed responsive, it is important that a vendor’s proposal provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFP. Failure of a vendor to submit the information requested may result in the elimination of the proposal from further consideration and evaluation.

Section 7.3.2 – Evaluation Committee

An Evaluation Committee comprised of Trial Court staff members will be established to review all qualifying vendor proposals. The Evaluation Committee will be involved in each phase of evaluation as detailed in this RFP. The Evaluation Committee will be restricted from contact with any vendor outside of the parameters defined in the No Contact Policy (Appendix B), from the release date of the RFP through the evaluation process. The Evaluation Committee will present its findings and recommendation to the appropriate Trial Court Department for approval prior to any notification to the apparent selected bidder.

Section 7.3.3 – Overall Proposal Review a.) The Evaluation Committee will favorably weigh vendor proposals that address requirements and tasks succinctly and completely in a direct, coherent, and clear fashion.

b.) The Evaluation Committee may determine that simple, one-word answers such as “agree”, “understood” or “acknowledged” do not provide an adequate answer. In the event that the Evaluation Committee accepts such an answer to a requirement, the vendor agrees by such answer to accept, without qualification, the EOTC’s interpretation of the requirement as defined by the EOTC.

c.) Selection of the successful vendor will also be based on the following factors:

i.) Meeting the guidelines and conditions of this RFP;

ii.) Confidence that the vendor can successfully provide the economic analysis necessary to comply with the federal requirements based on the vendor’s previous experience with similar projects (i.e. participation in previous reviews of the Massachusetts Child Support Guidelines);

iii.) Demonstrated knowledge of the subject matter.

d.) No proposal will be evaluated prior to the proposal due date.

Section 7.3.4 – Rejection of Proposals

The Evaluation Committee may, at any time in the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Evaluation Committee, either the vendor or the vendor’s proposal failed to adhere to the provisions of the RFP or if the vendor engages in illegal or unethical conduct or in some other way improperly attempts to influence the evaluation process.

Section 7.3.5 – Evaluation Process

b.) Please note that at any time during the selection process, the EOTC may request any responding vendor to provide explicit written clarification of any part of its proposal.

Section 7.3.6 – Clarification of Proposal Information

At any time during this solicitation, the Evaluation Committee/EOTC, at its discretion, may choose to initiate a clarification process with a vendor to refine certain aspects of its proposal. The format of this process will remain at the discretion of the Evaluation Committee/EOTC based upon their findings regarding the completeness of the vendor proposals.

Section 7.3.7 – Clarification of Technical Proposal and Vendor Presentation

At any time during this solicitation, the Evaluation Committee, at its discretion, may choose to initiate a clarification process to refine certain aspects of the Technical Proposals (inclusive of Vendor References) or Vendor Presentation results. The format of this process will remain at the discretion of the Committee based upon their findings regarding the completeness of the vendor proposals. It may include a request for written clarification of features, further explanation of the contents of the vendor proposal, and/or a request for clarification of any aspect of the Technical Proposal or Vendor Presentation results.

Section 7.3.8 – References and Vendor Experience Evaluation

a) The Evaluation Committee will conduct a review of References and Vendor Experience and will score each vendor using the criteria outlined in this section and the related Attachments and Appendices of this RFP.

b) After evaluating the References and Vendor Experience for each vendor participating in this phase of the process, the Committee will submit the results from the References and Experience evaluation in a “References and Vendor Experience Evaluation Report” to the appropriate Trial Court Department which documents the Committee’s assessment of the References and Vendor Experience portion of the evaluation.

Section 7.3.9 – Review of Pricing Proposals a.) Pricing Proposals will not be evaluated until after the Technical Proposal evaluations are completed.

b.) While the lowest bidder may not necessarily be selected, the proposal with the lowest total cost that achieves the goals and objectives of the Evaluation Committee/EOTC for this RFP will receive higher consideration among qualifying vendors.

c.) The Evaluation Committee/EOTC reserves the right to request clarifications from any or all of the responding vendors after the initial pricing proposal review. During the Pricing Proposal phase of the evaluation, the Evaluation Committee/EOTC may choose to initiate a clarification process to refine certain aspects of the Pricing Proposals. The Evaluation Committee/EOTC may request written clarification of prices, a further explanation of the contents of the vendor Pricing Proposal, or a request for clarification on any aspect of the Pricing Proposal.

Section 7.3.10 – Best and Final Offers (BAFO) Option

As part of the Pricing Proposal evaluation process, the Evaluation Committee/EOTC, at its sole discretion, may elect to enter into a Best and Final Offers (BAFO) process with vendors. If the BAFO process is used, the pricing considerations and overall value of the Pricing Proposals under review may be re-evaluated based on the results received from the Best and Final Offer(s).

Section 7.3.11 – Vendor Selection and Contract Negotiations a.) The Evaluation Committee/EOTC will select the vendor that is best able to provide the services requested by this RFP and which also provides the best financial value to the EOTC.

b.) The EOTC will establish a contract negotiating team to negotiate a mutually acceptable contract with the selected vendor. If the selected vendor and the EOTC’s negotiating team fail to negotiate a contract, the negotiating team will suspend negotiations with the selected vendor and, following the same process, will begin negotiations with the next most highly ranked vendor.

c.) Vendor proposals will be evaluated according to the estimated evaluation weighting of phases as detailed below. The evaluation weighting for the various components below have been assigned according to their importance to the EOTC.

Section 7.3.12 – Estimated Evaluation Weighting

COMPONENT WEIGHTING RELATIVE

TECHNICAL PROPOSAL 40%

Does the vendor properly indicate ability to perform all tasks and services requested by this RFP?

REFERENCES AND VENDOR EXPERIENCE 25%

Do the vendor’s references and experience demonstrate superior performance to provide the services as requested by this RFP?

VENDOR PRESENTATION* 20%*

Does vendor presentation enhance or lower Evaluation Committee members expectation that vendor can properly perform all tasks and services as requested by this RFP?

Total – Technical Proposal Total: 85%*

*If Vendor Presentations are not conducted, the points otherwise allotted for Vendor Presentations will not be calculated and final scoring and ranking will be based on Technical Proposal (60%), References and Vendor Experience (25%).

Total – Pricing Proposal* Total: 15%

* Pricing Proposals will not be evaluated until all prior evaluation phases are completed.

Section 8.0 – Contract Obligations

Section 8.1 – Contract Documents

The contract awarded under this RFP will consist of the following documents, which are placed in the order of priority:

i.) Commonwealth Terms and Conditions;

ii.) Standard Contract Form;

iii.) RFP (inclusive of Attachments, Exhibits, Clarifications);

iv.) Other Documents necessary to complete the contract (Additional Terms and Conditions, etc.); and v.) Vendor’s Technical and Pricing Proposals.[footnoteRef:3] [3: The final contract may consist of documents not yet identified or listed in this section. The EOTC reserves the right to include any such document that is necessary in order to finalize the contract resulting from this RFP.]

Section 8.2 – Amendment to the Contract

Any contract arising from this RFP may be amended to add unexpected or unanticipated products or services that the EOTC believes are necessary and consistent with the goals of this RFP.

Section 8.3 – Prime Contractor Responsibility

The EOTC requires a single point of responsibility for any contract resulting from this RFP. Subcontractors, when approved by the EOTC, may be used, but the vendor selected through this RFP agrees to act as the prime contractor. The prime contractor, not the EOTC, will be responsible for performance of all its subcontractors and for any payments due to liabilities incurred by any of its subcontractors in the course of their activity related to any contract resulting from this RFP.

Section 8.4-- Contract Management

The Procurement Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Procurement Manager if the bidder is having trouble obtaining any required attachments electronically through COMMBUYS. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the EOTC regarding this RFP except as specified in this RFP, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFP. The Department’s Contract Manager is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Manager will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract. The EOTC will designate the Contractor Manager(s) who will work with the Contractor regarding day-to-day operational matters. The Contract Manager is the lead Project Manager for the EOTC.

617-878-0317 derek.doherty@jud.state.ma.us

Section 9.0 – Miscellaneous Provisions

Section 9.1 – Availability of Funding

The contract resulting from this solicitation, and any amendment thereto, and any performance hereunder, is subject to the availability, and continued availability, of funding from the Commonwealth of Massachusetts. The determination of whether said funding is available will be solely within the judgment of the EOTC.

Section 9.2 – Appropriation of Payments

Appropriations for expenditures by eligible entities of the Commonwealth (such as the EOTC), and authorizations to spend for a particular purpose, are made on a fiscal year basis. The fiscal year of the Commonwealth is a twelve (12) month period that begins on July 1st and ends on June 30th the following calendar year. The obligations of the EOTC under any contract executed with a vendor selected through this RFP shall be subject to the appropriation of funds sufficient to discharge the EOTC’s obligations that accrue in each fiscal year of the contract, and authorization to spend such funds for the purposes of the contract.

Section 9.3 – Debriefing Non-Successful Vendors

a) Notwithstanding section 9.8 Ownership, Use and Availability of Proposal, Vendors may request feedback from the Trial Court on the evaluation of its response to this RFP. The request must be submitted within fourteen (14) days of the notice of contract award to the selected vendor (notice of the contract award to be provided via COMMBUYS). The request for feedback is not a forum to debate the Evaluation Committee’s decisions. This section provides the means through which a Bidder/Vendor may improve its response to future competitive procurements and solicitations.