EdAdvocacy-27 RFR~1.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF DEVELOPMENTAL SERVICES (DDS)

CENTRAL OFFICE

Address: 40 Broad Street, 4th Floor, Boston, MA 02109

Contact Name: Carol Coyne

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Legal Services – Educational Advocacy

COMMBUYS BID Number:

BD-26-1023-1023C-1023L-124484

DDS RFR Document Number: EdAdvocacy-27

Date: January 21, 2026

It is the responsibility of the prospective Provider and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Provider’s contact person and prospective contract manager and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Provider’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Provider’s/awarded Contractor’s computer, network, internet service provider or anything else cause email communications sent to/from the prospective Provider/awarded Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Providers are advised to allow adequate time for submission of their quotes by considering potential online impediments such as Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Providers or their agents, or for a Provider’s local hardware failures, computer, network, or any other failures associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

To be awarded a contract with the Commonwealth, a contractor must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a contractor will be issued a Vendor Customer Code number or a “VC” number. This VC number is used for all contracts that a contractor has with state agencies. An organization with existing state contracts, or a contractor who has had state contracts with any state agency in the past, has been registered in MMARS and does not need to re-submit paperwork unless existing information in MMARS will need to be updated. Providers that don’t have a Vendor Customer Code or have changes to information or forms currently on file should send an email to:

DDSPOSProcurement@mass.gov

Public Records: All information, documents, and attachments submitted as a 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. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

http://www.commbuys.com/

Contents

1.0 Procurement Scope and Description

1.1 Procurement and Contract Structure

1.2 Applicable Procurement Law

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

1.4 Calendar Rule Type

1.5 Acquisition Method

1.6 Use of Procurement by a Single or Multiple Departments

1.7 Expected Duration of Contract

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

2.0 Overview

2.1 Appearing before the BSEA and negotiating with school officials

2.2 Provide case-specific consultation to DDS Staff

2.3 Quality Assurance

2.4 Referrals for Services

3.0 Fiscal Specifications

3.1 Hourly Rate

3.2 Payment Specifications

3.3 Invoicing

4.0 Bidder’s Response

4.1 Questions

5.0 Estimated Procurement Calendar

6.0 Required Forms

6.1 Other Forms

6.2 Instructions for Submission of Forms and Questions

6.3 Public Records

6.4 COMMBUYS Support

7.0 Other Requirements Pertaining to this RFR

7.1 Debarment

7.2 Criminal Offender Record Checks (“CORI”)

7.3 National Criminal Background Check

7.4 Privacy and Security

8.0 Small Business Purchasing Program

1.0 Procurement Scope and Description

The Department of Developmental Services (DDS or the Department) is looking for interested and qualified attorneys to represent parents, foster parents, guardians and other special education decision makers (hereafter collectively referred to as “education decision makers”) of transition-aged individuals supported by the Department pertaining to the provision of residential special educational services under the Individuals with Disabilities Education Act (IDEA), as amended, 20 U.S.C. 1400 et seq., M.G.L. c. 71B, Section 504 of the Rehabilitation Act of 1973, as amended, (hereafter “Section 504”), and federal and state regulations promulgated under these provisions. While there is no entitlement or obligation on the part of the Department to provide this service, this RFR seeks attorneys to represent education decision makers for individuals who have been determined eligible for adult services through the Department.

DDS is committed to supporting the educational needs and educational attainment of all transition-aged individuals served by the Department (aged 18 to 22). The Department promotes educational placement stability as central to improving educational outcomes and fostering positive educational experiences, which translate into positive outcomes in adult services. The Department regards meeting the residential educational needs of transition-aged individuals served by the DDS as one of its highest priorities, important for promoting the well-being of these individuals.

Contracts awarded as a result of EdAdvocacy-21 will terminate effective June 30, 2026. Providers that are currently qualified under the EdAdvocacy-21and any updates to that RFR must become qualified under EdAdvocacy-27 to continue service delivery.

1.1 Procurement and Contract Structure

This Request for Response (RFR) incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form and Instructions, the Commonwealth Terms and Conditions for Human and Social Services, the Operational Services Division (OSD) Required Specifications for Purchase of Service (POS), Attachment C, and any amendments and/or additions to these documents during the life of this BID.

This procurement will result in a Master List of providers who have been deemed qualified and awarded a contract. Proposals will be reviewed and scored by a Procurement Management Teams (PMT) composed of members of the DDS Legal team. This is a rolling enrollment RFR, and bidders may continue to submit proposals up to December 31, 2030. Proposals will be evaluated on a quarterly basis.

All awarded Bidders to provide services as outline in this RFR will sign a standard contract form and a Business Association Agreement and placed on a Master Agreement List. The Master Agreement contract does not guarantee the awarded Bidder a specific level of funding. Referrals will be made and overseen by the DDS Office of the General Counsel. Awarded Bidders must receive written authorization from DDS prior to delivering services under this RFR.

1.2 Applicable Procurement Law

Check Appropriate Box (“X”)

Type of Purchase Applicable Laws

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, §

52; 801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17;

815 CMR 2.00

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

Check One (“X”) Single Contractor Multiple Contractors

1.4 Calendar Rule Type

Check One (“X”) Type

Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date).

Open

May be reopened at a time and for a duration deemed necessary by the Department.

No responses will be received after the bid open date unless the Department choses to reopen the RFR at a later date.

Rolling

Bidders may submit unsolicited proposals up to December 31, 2030. Proposals submitted after the initial due date will be reviewed and scored on a quarterly basis unless otherwise noted in the RFR/BID.

1.5 Acquisition Method

Check One (“X”) Category Fee-for-service Unit Rate Other:

1.6 Use of Procurement by a Single or Multiple Departments

Check One (“X”) Eligible Entities

Limited User Contract – Restricted to Use by Issuing Entity Only.

Limited User Contract – Restricted to Use by Defined Entities Only.

Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

Department of Children and Families

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.7 Expected Duration of Contract

Anticipated Duration up to: five (5) years

Final End Date of this Contract: June 30, 2031

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

Estimated Total Value of Procurement: $200,000 ($40,000 per year)

All services in this RFR are subject to appropriation. Should funding levels be adjusted significantly, the Department may seek provider re-affirmation of willingness to continue under modified program requirements.

At any time during the duration of the contract, the Department may conduct reviews of services and may consider taking corrective action, up to and including cessation or termination of all or part of the services covered under the Contract. Reasons for taking corrective action include: the Bidder has not satisfactorily achieved performance goals; the needs of the individuals change to the extent that they can no longer be appropriately served under the original terms of this procurement; a Bidder is unable to meet certification standards or other issues or circumstances arise that result in a determination by the Department that a significant change in services is in the best interests of the individuals served or the Department. Generally, unless a termination notice has been given pursuant to the Commonwealth Terms and Conditions for Legal Services, the Master Agreement contract will remain in effect for the duration of the procurement. The Department reserves the right to make contract awards for a shorter duration when it is in the best interests of individuals, the Department, or the Commonwealth.

Check One (“X”) Contract will have a Maximum Obligation

Rate Contract: Contract will NOT have a Maximum Obligation Amount

Will Federal Funds be used to fund any part of Contract(s)?

No Yes To What extent?

Capital, Trust and Federal Accounts Only Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Overview

The qualified Bidder, also referred to as the “contracted attorney,” will provide advice, counsel and representation to education decision makers on matters affecting transition-aged individuals supported by DDS. The contracted attorney will:

a. Appear before the Bureau of Special Education Appeals (BSEA) in pursuing the appeal rights available to education decision makers under the law related to residential educational placements;

b. Negotiate with school officials concerning settlement of disputes and communicate with DDS staff regarding the progress of such activities as discussed herein;

c. Provide case-specific consultation to the DDS staff or their agents upon request.

2.1 Appearing before the BSEA and negotiating with school officials DDS, at its sole discretion and when determined appropriate, will directly or through its agent refer to the contracted attorney education decision makers engaged in disputes with local school districts. Representation will be related to an individual’s right to a residential placement to meet his or her educational needs. The contracted attorney will assess the likelihood of success in pursuing resolution of the dispute through the BSEA. The contracted attorney’s legal services will include necessary and appropriate activities such as:

interviewing the client(s), evaluators and education staff; gathering and reviewing educational records:

conducting legal research; filing of a formal demand with school district(s): filing a request for mediation or hearing before the BSEA; attending pre-hearing conferences and negotiation sessions; representing client at hearing and trial, and completing post-hearing memoranda.

Upon receipt of a referral, the contracted attorney shall meet with the education decision maker, explain verbally and in writing that the education decision maker is the client for purposes of the referral, and provide legal services in a manner consistent with this arrangement. The contracted attorney shall make every effort to resolve the matter as expeditiously as possible and consistently with high quality practice.

The contracted attorney shall not request nor receive compensation from the education decision maker for their representation. In addition, the contracted attorney will not seek payment for services under this contract if they receive attorneys’ fees from the school district as the “prevailing party” under 20 USC 1415(i) or under any other law or ruling.

The contracted attorney will communicate with designated DDS staff and/or agent(s) at appropriate junctures throughout the course of the representation to keep such individuals apprised of the status of the case, to enable the Department to appropriately plan for the individual’s transition to adult services.

2.2 Provide case-specific consultation to DDS Staff

At times, DDS Staff or their agents will require consultation with the contracted attorney to confirm aspects of the DDS-involved individual’s educational rights. The type and frequency of the consultation with the contracted attorney will be determined by the Central Office DDS Staff in consultation with the Area Office Staff.

2.3 Quality Assurance

Evaluation of each contracted attorney is essential to ensure the attorney provides consistent, high-quality legal services. To that end, DDS will conduct periodic annual written contract reviews which include communication with the educational decision maker, DDS Area Office Staff and other relevant individuals to obtain feedback regarding the representation provided by each of the contract attorneys. This may include a survey distributed to the education decision maker/individual and their guardian at the conclusion of the contracted attorney’s representation as well as an exit survey distributed to the contracted attorney at the conclusion of each case. The criteria for contract review will include whether the outcome of the litigation was successful and resulted in an appropriate program and placement for the student. Evaluation of the contracted attorney will be conducted by the DDS Office of the General Counsel.

In addition to the above, contract reviews may also include assessment of contract utilization, outcomes, quality improvement activities, fiscal documentation and reporting, verification of continued licensure, certification of good standing with the Board of Bar Overseers obtained within sixty (60) days of request, proof of current malpractice insurance, and overall contract compliance. The contracted attorney must cooperate with these activities, providing access to non-privileged documentation.

2.4 Referrals for Services

A referral for Legal Services to any of the contracted attorneys is in the sole discretion of the Department and will be made based on the individual’s educational needs, geographical location of the individual and/or education decision maker and the contracted attorney, and the attorney’s experience, skill, and availability.

Referrals for legal services will be approved by the Area Director and communicated from the Area Director directly to the contracted attorney for services described in this RFR. Staff from the DDS Office of the General Counsel or its designee will contact the contracted attorney directly for case specific consultation.

2.5 Secure Records

The contracted attorney must identify the location where the legal services record is maintained and ensure that the file is kept in a secure location.

3.0 Fiscal Specifications

3.1 Hourly Rate

The hourly rate for the above-described services shall be $200.00 per hour for the duration of the contract.

Individual rates will not be negotiated.

3.2 Payment Specifications

DDS will not make payment in advance, make a deposit, nor make payment on delivery. Contracted attorneys must submit an invoice and payment voucher (PV) at least quarterly for services rendered. The Department will only pay for the actual time spent completing a task, with the time rounded to the nearest tenth (.1) hour.

In addition to the hourly rate, the Department will consider reimbursement of reasonable costs related to the case, including not but limited to postage, copying, filing fees, parking and tolls.

Costs which are not specifically identified in the contracted attorney’s response and accepted by the 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.

There is no reimbursement for travel expenses or travel time under this RFR, unless approved in advance by the DDS Office of the General Counsel, upon a showing of extraordinary circumstances.

3.3 Invoicing

A contracted attorney may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements thereto has been signed by authorized representatives of DDS and the Bidder.

The Bidder will be paid using the Payment Voucher (PV) system.

Payment through Electronic Funds Transfer (EFT) is required for any contract awarded through this solicitation.

4.0 Bidder’s Response

Bidders seeking to deliver services under this procurement should directly and clearly address each of the response areas listed below. Attachments or appendices not requested and any program descriptions beyond the page limit will not be reviewed.

4.1 Questions

1. Address your qualifications to provide advice, counsel and representation as described in Section 2 of the RFR.

2. If the Bidder is a law firm or other corporate entity, name the attorney who will provide services under the contract. For purposes of the RFR and response, this attorney is referred to as the contracted attorney and is the individual who will provide the services under the contract should the Bidder be deemed qualified.

3. Outline your experience litigating cases regarding students with disabilities at the at the elementary and secondary level in securing their educational rights under the IDEA, c. 71B and Section 504. Your response must provide sufficient detail to allow evaluation of the nature and extent of your experience, particularly experience working with clients with disabilities. The resume or a list of cases requested as attachments will not meet this requirement. If you have experience representing students identified as having emotional impairments and behavioral issues and/or students involved with DDS, the Bidder https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp should discuss this experience. A Bidder must have at least five (5) years’ experience litigating cases regarding students with disabilities.

4. Identify the maximum number of cases you can accept annually for referral. Please explain the rationale for this number.

Attachments to be submitted with your response:

a. Writing sample: a persuasive legal memorandum (as opposed to a research memorandum) of at least five (5) pages in length, written solely by the contracted attorney, citing the IDEA, c. 71B and/or Section

504. An appropriately redacted closing memorandum submitted for a BSEA hearing will meet this requirement.

b. A copy of at least one decision by a hearing officer of the Massachusetts Bureau of Special Education Appeals (BSEA) or its equivalent in another state in which the contracted attorney represented the student’s education decision maker in the hearing.

c. A list of citations, not to exceed five (5), to BSEA hearing decisions and/or other reported/published decisions of special education or Section 504 cases litigated by the contracted attorney and the case outcomes. If a BSEA decision is listed, the BSEA docket number and decision date must be provided.

d. A current resume.

e. A certificate of good standing from the Board of Bar Overseers obtained no later than 60 days prior to the date of submission of the RFR.

f. A copy of your current Malpractice Insurance Coverage Declaration page, including limits of coverage.

5.0 Estimated Procurement Calendar

Event Date

RFR Release Date January 21, 2026

Bidder Conference Via Zoom* There will be no Bidders’

Conference.

Deadline for Questions All Questions must be submitted to DDSPOSProcurement@mass.gov email or through COMMBUYS by the date and time indicated. All Questions with answers will be posted on COMMBUYS. The Department is not bound by any oral comments or representations made by the Contact Person(s) and/or any other Department employee. Telephone calls will NOT be accepted regarding this RFR.

Bidders are prohibited from communicating directly with any employee of the Department except as specified in this RFR.

January 29, 2026 by 5 PM EST

BID Opening Date/Deadline for Electronic Submissions All responses must be submitted electronically using the online submission tools available to Vendors registered in

COMMBUYS.

March 3, 2026

Contract Start Date July 1, 2026 by 5 PM EST mailto:DDSPOSProcurement@mass.gov

6.0 Required Forms

Check if applicable (“X”)

Form/Document Notes/Instructions

Response Document Include with Electronic Submission

Resume(s) (if firm, one per attorney) Include with Electronic Submission

Writing Sample Include with Electronic Submission

Copy of Certificate of Good Standing from the Board of Bar Overseers

Include with Electronic Submission

Proof of Current Malpractice Insurance Coverage Declaration Page

Include with Electronic Submission

Copy of BSEA Decision or Out State Equivalent

Include with Electronic Submission

List of BSEA Citations (not to exceed 5) Include with Electronic Submission

Prompt Pay Discount Include with Electronic Submission

Standard Contract Form and Instructions For information purposes only; do not fill out

Contractor Authorized Signatory Listing For information

Business Associate Agreement For information

6.1 Other Forms

If the following signed documents are not on file with the Office of the State Comptroller, or there are changes to forms current on file, the Bidder must submit electronic versions of these forms to the email address noted on the cover page of this BID.

• Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

• EFT Form

The above noted forms may change or be revised during the life of this procurement. Updated forms will be posted on COMMBUYS.

6.2 Instructions for Submission of Forms and Questions

All responses to be submitted electronically using the online submission tools available to Bidders registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

The Department is processing the standard contract form electronically when possible. Bidders should not submit signed copies of the standard contract form or the contractor authorized signatory listing posted on COMMBUYS with their proposal. These forms are posted for informational purposes only.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that they are an agent of the Bidder with authority to sign on the Bidder’s behalf, and that they have read and assented to each document’s terms.

To be considered, complete bid submission must be submitted electronically using the online submission tools available to Bidders registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click to the Commonwealth must on the “Register” link on the front page.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in a .zip format when saved. Other zip file formats will not be accepted.

DDS requires that all response attachments uploaded to COMMBUYS include the company name of the Bidder and the RFR document identifier found on page 1.

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda, or modifications to this Bid. DDS and the Commonwealth accept 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.

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

Ownership of Submitted Quotes The PMT shall be under no obligation to return materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s quote, whether or not the quote is selected for contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

6.3 Public Records

All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26.

Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

6.4 COMMBUYS Support

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays. Technical assistance is available during the procurement process.

Every effort is made to respond to inquiries within one business day. Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

7.0 Other Requirements Pertaining to this RFR

7.1 Debarment

The awarded Bidder certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulation including Executive Order 147; M.G.L. c. 29, § 29F; M.G.L. c. 30, § 39R; M.G.L. c. 149 §§ 27C, 44C and 148B; and M.G.L. c. 152, § 25C. The awarded Bidder shall comply with all applicable state laws and regulations stated in the Standard Contract Form Instructions and Contractor Certifications.

7.2 Criminal Offender Record Checks (“CORI”)

Employees of awarded Bidders are also subject to regulations requiring Criminal Offender Record Information (“CORI”) checks in accordance with Executive Office of Health and Human Services (“EOHHS”) regulations at 101 CMR 15.00. A Massachusetts CORI check is required for any person employed by EOHHS or an EOHHS-agency or their vendor programs whose position entails the potential for unsupervised contact with individuals receiving services from the Department. Additional guidance, forms, and information for organizations subject to the CORI regulations at 101 CMR 15.00, including guidance on how to properly process EOHHS mandated CORI checks, is available at: https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500. A copy of the EOHHS CORI regulations at 101 CMR 15.00 may be accessed at: https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download.

7.3 National Criminal Background Check

Employees of awarded Bidders are subject to national criminal fingerprint-based background checks in accordance with M.G.L. c. 123B, c.19B, §§ 19-20 and 115 CMR 12.00: National Criminal Background Checks.

Fingerprint-based checks are to be conducted on applicants seeking licensure from the Department for residential or day services, or for other employees of provider agencies licensed, funded, or approved by the Department who have the potential for unsupervised contact with persons with intellectual or developmental disability. Any associated costs are the responsibility of the awarded Bidder(s). Additional information is available by contacting the DDS National Criminal Background Check Unit at DDS.NationalBackgroundUnit@Mass.gov.

7.4 Privacy and Security

In performance of its duties under the Contract, awarded Bidders shall comply with all obligations set forth in Attachment C, and awarded Bidders must comply with M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 123B, §17, 801 CMR 3.00, 201 CMR 17, 115 CMR 4.05,4.06, and 9.19, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, (45 CFR Part 160 and Part 164, Subparts A and E), 42 CFR 431, Subpart F, 42 CFR Part 2, and any other applicable federal or state law or regulation http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download mailto:DDS.NationalBackgroundUnit@Mass.gov pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected Information (“PI”), which shall be defined as any “personal data” as defined in M.G.L. c. 66A, any “personal information” as defined in M.G.L. c. 93H, and any other individually identifiable information that is treated as confidential under State or Federal Law (including, but not limited to, any state and federal tax return information) that the awarded Bidder uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the awarded bidder pursuant to the Contract, shall only be used for the purposes stated in the Contract. As of the Contract effective date, the awarded Bidder shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PI and that prevent use or disclosure of such PI other than as provided for the Contract.

If the awarded Bidder becomes aware of any breach or potential breach of this Subsection 7.4, the awarded Bidder must notify DDS. To the extent possible, the notice shall include (1) a description of what happened, including the date of the incident and the date of discovery; (2) the nature and extent of the PI involved; (3) the unauthorized person who used the information or to whom the disclosure was made; and (4) what the awarded Bidder is doing to investigate the breach, to mitigate harm, and to protect against any further breaches. The awarded Bidder shall provide the state agencies with any other available information that may be required or requested. The awarded Bidder shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

8.0 Small Business Purchasing Program

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 as described in this solicitation, the SBPP participant shall be awarded the contract. The PMT will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the PMT’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.

Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

http://www.mass.gov/sbpp mailto:sbpp@mass.gov

8.0 Small Business Purchasing Program