EOED RFQ for Board of Appeals~1.docx
DOCX document 207 KB Posted
- Solicitation number
- BD-25-1100-EED01-EED01-112558
- Issued by
- Massachusetts
About this file
This is a Request for Quotes (RFQ) issued by the Executive Office of Economic Development (EOED) in Massachusetts for Website Network Infrastructure Analysis and Development services under statewide contracts PRF76 Category 4 and ITS81. The project involves upgrading the Board of Appeal (BOA) .NET application, focusing on improving authentication methods, addressing domain issues, and upgrading to the latest .NET libraries. The RFQ response is due on February 25, 2025 at 5:30 PM ET, with bidder questions due February 18, 2025. The contract term is for one year with two optional 6-month renewals, for a total potential duration of 2 years. The anticipated start date is April 1, 2025.
The estimated total value of the procurement ranges from $80,000 to $125,000 over the entire contract term. The evaluation criteria include organizational overview (points not specified), experience (20 points), examples of previous work (10 points), strength of response (35 points), and cost (35 points). For bids under $250,000, preference will be given to Small Business Purchasing Program (SBPP) participants. The project requires expertise in .NET development, authentication systems, network administration, quality assurance testing, and project management. The contractor must maintain data within the continental United States and comply with various Massachusetts data privacy and security requirements.
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Other files
| File | Type | Posted |
|---|---|---|
| IT terms-and-conditions.pdf | ||
| instructions-for-vendors-responding-to-bids~13.docx | DOCX document | |
| Supplier Diversity Plan Form~13.xlsx | XLSX spreadsheet | |
| form_prompt-pay-discount~13.pdf |
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Executive Office of Economic Development (EOED)
REQUEST FOR QUOTES
Statewide Contract: PRF76 Category 4: General Data Analytics Services and Evaluation Services ITS81: Software Operations and Support Services RFQ Name/Title: EOED PRF76 & ITS81 RFQ for Website Network Infrastructure Analysis and Development Purchasing Agency: Executive Office of Economic Development (EOED)
Address: 1 Ashburton Place, 21st Floor, Boston, MA 02108
Procurement Contact: Daniel Billings, Lead Procurement Coordinator E-Mail Address: daniel.w.billings@mass.gov
Attachments:
Attachment A: COMMBUYS Instructions Attachment B: SBPP and SDP Plan Attachment C: IT Cloud Terms
Forms:
Form 1: RFQ Response Form Form 2: SOW/Task Order Template
This Request for Quotes (“RFQ”) does not commit the Commonwealth of Massachusetts (“Commonwealth”) or the EOED to approve a Statement of Work, pay any costs incurred in the preparation of a Bidder’s response to this RFQ or to procure or contract for products or services.
The EOED may (i) accept or reject any and all proposals received as a result of this RFQ; (ii) contract for some, all or none of the products and services offered by Bidders in response to this RFQ; (iii) negotiate with one or more of the qualitied Bidders; or (iv) cancel, in part or in its entirety, this RFQ if it is in the best interest of the Commonwealth to do so. The EOED may amend this RFQ at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement website, COMMBUYS (www.commbuys.com).
Bidders must submit their bids through the Commonwealth’s online procurement system, COMMBUYS, as detailed in Attachment 4. Bidders are advised to check this site regularly, as this will be the sole method used for notification of changes.
Eligible Bidders:
This RFQ is restricted to Bidders on the following Statewide Contracts:
· PRF76 Category 4: General Data Analytics Services and Evaluation Services
· ITS81 Category 2: Software Operations and Support Services
Description or Purpose of Engagement:
Project Overview This RFP outlines the proposed upgrade for the Board of Appeal (BOA) .NET application, focusing on improving authentication methods, addressing domain issues, and upgrading to the latest .NET libraries. We are seeking proposals from qualified vendors to assist in this comprehensive upgrade project.
Project Phases Planning, Discovery, and Preparation Current Environment Analysis
· Investigating BOA's technical and network infrastructure
· Examine existing domain issues affecting BOA
· Evaluate the current authentication method used by BOA
· Analyze BOA's source code environment Future State Planning
· Determine an improved authentication method for BOA
· Identify necessary changes to network, domain, database, and overall environment Project Planning
· Develop a comprehensive project plan outlining timelines, resources, and milestones
Software Design
· Create a high-level software design document detailing proposed BOA changes
· Submit EOTSS (Executive Office of Technology Services and Security) tickets for required environmental modifications
Development
· Code BOA changes based on the approved software design
· Conduct unit testing of new code and modifications Upgrade .NET to Latest Libraries
· Assess current .NET version and libraries used in the BOA application
· Identify dependencies and potential compatibility issues
· Develop a migration plan to upgrade to the latest stable .NET version
· Implement upgrades and resolve any conflicts or deprecated features
· Optimize code to leverage new features and improvements in the latest .NET version Testing
· Perform system-wide testing of the updated BOA application
· Identify and resolve any bugs or issues discovered during testing Production Rollout
· Plan and execute the deployment of the updated BOA application to the production environment Required Expertise
· Vendors should demonstrate expertise in:
· .NET development, especially with authentication systems
· Network administration
· Quality Assurance testing
· Project management Proposal Requirements Vendors should submit proposals including:
1. Detailed approach to each project phase
2. Estimated timeline for completion
3. Resource allocation plan
4. Cost breakdown
5. Examples of similar projects completed
6. Team qualifications and certifications
Anticipated Expenditures, Funding or Compensation:
EOED anticipates that the estimated total value of the procurement will be a range of approximately $80,000 to $125,000 over the entire term of the contract. However, there is no guaranteed minimum and EOED makes no guarantee that any services will be requested from any Bidder as a result of this RFQ. EOED reserves the right to negotiate final compensation with qualified bidders. The amounts indicated are only estimates. Contract amounts during the period of any contract are subject to a selected bidder's response, and may increase or decrease based upon contract negotiation, performance selected, appropriation, or availability of funds.
Procurement Calendar:
All times in this RFQ are prevailing Eastern Time. Responses must be received no later than the response due date and time indicated below, or they will not be evaluated. Bidders must have their responses fully loaded and accepted in COMMBUYS prior to the RFQ Response Due date and time listed below. Bidders are urged to allow sufficient time to upload their entire response.
| Procurement Step |
| Date |
| Time |
| RFQ Posted |
| 2/11/2025 |
| 11:00 AM |
| Bidder Questions Due |
| 2/18/2025 |
| 5:30 PM |
| Commonwealth Responses posted to COMMBUYS (estimated date) |
| 2/20/2025 |
| 12:00 PM |
| RFQ Response Due |
| 2/25/2025 |
| 5:30 PM |
| Notice of Apparent Successful Bidder(s) posted (estimated date) |
| 3/20/2025 |
| 5:00 PM |
| Contract start date (date services can start to be rendered |
| 4/1/2025 |
| N/A |
Expected Duration of Engagement:
Anticipated Initial Duration: One year
Anticipated Renewal Options: Two (2) 6-month renewal options
Total Duration of this Engagement: 2 years
The EOED Team estimates that the engagement shall begin on the date that it is executed by both parties and shall terminate with no new performance unless the SOW is amended, provided that the terms of this SOW and performance expectations and obligations shall survive its termination for the purpose of resolving any claim, dispute or other SOW action, or for effectuating any negotiated representations and warranties, any close out performance, transition performance to a new vendor, reporting, invoicing or final payment obligations.
Instructions for Submissions of Responses:
Electronic response All bid responses must be submitted via COMMBUYS by 5:30 PM on February 25th, 2025.
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. The EOED 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.
EOED Project Main Contact:
| Name: |
| Daniel Billings |
| Title: |
| Lead Procurement Coordinator |
| Email: |
| Daniel.w.billings@mass.gov |
| Phone Number: |
| 857-283-6311 |
Requirements:
Contractor Type ☒Single Contractor ☐Multiple Contractors ☐Either Single or Multiple
Applicable Procurement Law
This is a purchase of goods and services subject to MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00.
Acquisition Method:
| Check All Applicable (“X”): |
| Category |
☒ Fee-For-Service
Outright Purchase
Rental (not to exceed 6 months)
Term Lease
License
Other:
Failure to perform contractual obligations As outlined in the Standard Contract Form, Terms and Conditions, and RFQ, infractions may result in the following actions:
· Corrective Action Plan
· Termination
· Suspension
· Adding additional contractor
· Cover/Replacement Cost
· Liquidated Damages
Bidder Questions and Answering Period All Bidder questions must be submitted via COMMBUYS by 5:30 PM on Tuesday February 18th, 2025.
EOED responses to these questions will be posted by 5:00 PM on Thursday February 20th, 2025.
File Format Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 8 ½ 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.
Public Records All information, documents, and attachments submitted as a response to this RFQ are considered a public document subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, and M.G.L. c. 4, § 7, cl. 26. Please be aware that checking the “confidential” box in COMMBUYS does not preclude these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.
Evaluation Criteria:
The responses to this RFQ will be evaluated based on the criteria listed below. The Strategic Sourcing Team (SST) may remove from further consideration non-responsive bids and bids that do not include all required items listed in Section 7 (Bidder Responses). Prior to such an exclusion, the Purchasing Entity may request one or more clarification(s) from Bidders. A Bidder’s response may be excluded for failure to meet the Purchasing Entity’s budgetary thresholds.
Should this RFQ result in a contract with an annual spend amount of less than $250,000, bids from certified small businesses are highly desired, in accordance with ReOrg Plan S.2937 “An Act to Elevate the Supplier Diversity Office to Ensure Equal Opportunity in State Contracting,” the Agency will follow guidance provided by the Supplier Diversity Office in evaluating Bidder responses.
Any remaining responses will be evaluated based upon:
1. Overview: Name of organization, contact person for this quote including email and phone number.
2. Experience: Describe the organization and the organization’s experience with partnering with other US state tourism organizations. Be sure to include a comprehensive summary of the firm’s relationship with the travel and tourism industry. (20 points)
3. Examples: Provide examples of state level dashboards with additional sub segments of state’s sub regions that the vendor has previously produced. (10 points)
4. Strength of bid response related to addressing scope of service: (35 points)
5. Cost: Describe how you would cost the project, with fixed rate pricing. (35 points)
EOED reserves the right to consider any previous experience the Bidder has had with any State agency, including, but not limited to, performance problems and compliance with applicable laws and contract provisions. Preference will be given to vendors with a physical office located in Massachusetts, minority- and women-owned businesses, and labor surplus area firms.
Data and Application Confidentiality As part of its work efforts under this SOW, the vendor may have access to Commonwealth data and IT resources. For purposes of this work effort, “Commonwealth data” shall mean data provided by the EOED to the vendor, which may physically reside at a EOED location, in a cloud-based SaaS solution, or the vendor’s location. In connection with Commonwealth data, the vendor will implement commercially reasonable safeguards necessary to:
(1) prevent unauthorized access to Commonwealth data from any public or private network;
(2) prevent unauthorized access to any Commonwealth information technology resources; and
(3) prevent interception and manipulation of Commonwealth data during transmission to and from any servers.
In addition, the vendor may be required to use Commonwealth personal data, as defined in M.G.L. c 66A, and/or personal information, as defined in M.G.L. c. 93H, or to work on or with information technology systems that contain such data in order to fulfill part of its specified tasks. For purposes of this work effort, electronic personal data and personal information include data provided by EOED to the vendor which may physically reside at a location owned and/or controlled by the Commonwealth or EOED or the vendor.
The vendor should demonstrate understanding of and compliance with all federal and state laws and regulations relating to confidentiality and privacy, and security of personal information, including but not limited to G.L. c. 93H, G.L. c. 66A. In connection with electronic personal data and personal information, the vendor shall implement the maximum feasible safeguards reasonably needed to:
(1) Ensure the security, confidentiality, and integrity of electronic personal data and personal information;
(2) Prevent unauthorized access to electronic personal data or personal information from any public of private network;
Data Classification:
The Commonwealth of Massachusetts collects, manages, and stores information to support its business operations. The Commonwealth is committed to preserving the confidentiality, integrity, and availability of its information assets. Such information assets may include, without limitation, personal information, confidential information, and information protected under applicable law. Bidder agrees and acknowledges that its access, or potential access, to certain information assets may require certifications, background checks, or other additional requirements. Purchasing Entity anticipates that the awarded Bidder will have access, or potential access, to the following checked data types as a result of providing services/products to Purchasing Entity under this RFQ.
Table 2:
| Data Type |
| Applicable Laws and Regulations |
| Additional Requirements |
| Y/N |
| Personally Identifiable Information |
| M.G.L. c. 93H |
M. G. L. c. 66A M. G. L. c. 93I
| Y/N |
| Payment Card Information |
| PCI Standards |
| Y/N |
| Family Educational Rights and Privacy Act data |
| Family Educational Rights and Privacy Act |
| Y/N |
| Protected Health Information |
| Health Insurance Portability and Accountability Act of 1996 |
| -Commonwealth of Massachusetts Executive Office of Health and Human Services Data Management and Confidentiality Agreement |
| Y/N |
| Federal Tax Return Information |
| Publication 1075 |
| -Publication 1075 Exhibit 7 |
-Commonwealth of Massachusetts Dept. of Revenue background check
| Y/N |
| Criminal Offender Record Information |
| FBI Security Addendum |
NCIC 2000 Operating Manual CJIS Security Policy Title 28, CFR Part 20 -Dept. of Criminal Justice Information certification -background check
| Y/N |
| Criminal Justice Information |
| FBI Security Addendum |
NCIC 2000 Operating Manual CJIS Security Policy Title 28, CFR Part 20 -Dept. of Criminal Justice Information certification -background check
| Y/N |
| Social Security Administration Data |
| Privacy Act |
5 U.S.C. 552a s. 1106
| Y/N |
| Other |
Bidder certifies that its products or services, as offered in its RFQ response, meet all applicable legal and regulatory requirements pertaining to the identified data types indicated above. Bidder also agrees to enter into additional agreement(s) as reasonably requested by the Commonwealth prior to gaining access, or potential access, to Commonwealth information assets. Bidder acknowledges that the list above is not exhaustive, and Purchasing Entity may designate additional data types, applicable laws and regulations, and additional required documentation in the contract resulting from this RFQ or any amendment thereto.
Additional Requirements:
a. Enterprise Information Security Standards and Policies:
All products and services provided to the Commonwealth must comply with all applicable policies adopted by the Purchasing Entity, which shall be made available to Bidder prior to contract execution. At a minimum, all goods and services provided to the Commonwealth must comply with the Enterprise Information Security Standards and Policies (https://www.mass.gov/handbook/enterprise-information-security-policies-and-standards)[1]. Bidders shall provide information that demonstrates that their security practices meet the requirements detailed in these policies.
b. Accessibility for IT Solutions Contract Language:
The Commonwealth is obligated to ensure non-discrimination and equal access to state services on the part of persons with disabilities and reasonable accommodations to state employees with disabilities. To effectively meet its responsibilities, the Commonwealth must achieve accessibility in the acquisition, deployment, and utilization of information technology. The Commonwealth defines accessibility to include compliance with its Enterprise Accessibility Standards and Web Accessibility Standards. Bidders must comply with the accessibility obligations detailed at https://www.mass.gov/info-details/accessibility-contract-language-for-it-solutions.
[1] The Enterprise Information Security Standards and Policies apply to Commonwealth Executive Department Purchasing Entities and Purchasing Entities using the Commonwealth network.
1. Additional Requirements:
a. Contract Negotiations and Amendments:
The Purchasing Entity may negotiate changes to the original performance measures, quantities, Term length, and requirements identified in this RFQ at any time, provided that such changes are consistent with the scope of this RFQ. The Purchasing Entity may negotiate and execute contract amendments with the awarded Bidder(s) which the Purchasing Entity reasonably determines are within the scope of this RFQ and necessary to result in best value to the Commonwealth.
b. Promotional Materials:
Bidder must not reference the Purchasing Entity or the Commonwealth in any promotional or marketing materials, including but not limited to use of the Purchasing Entity’s or the Commonwealth’s name or logo, without first obtaining the Purchasing Entity’s prior written approval for such use. Bidder must not use the Commonwealth’s seal in any promotional or marketing materials.
Bidders are discouraged from including extraneous promotional or marketing materials in their responses and excessive promotional or marketing materials may detract from the Bidders’ overall score.
c. Pending Litigation:
Bidder must affirm that there is no pending litigation involving the Bidder, Provider, or the services provided in the response that may impair or interfere with the Purchasing Entity’s right to use the services. Bidder must warrant that there are no actual or threatened actions arising from or alleged under any intellectual property rights of any third party.
d. Oral Presentations and Demonstrations:
In its discretion, the Purchasing Entity may invite one or more Bidders whose responses have been judged competitive and responsive in the course of the evaluation to participate in a facilitated oral presentation, including a demonstration of the proposed services. The Purchasing Entity may use these demonstrations and oral presentations to clarify aspects of the Bidder’s response or to inquire as to the Bidder’s approach, recommendations, and experience. The Purchasing Entity may adjust its scoring of a prospective Bidder based on the Bidder’s performance during production demonstration and/or oral presentation.
The Purchasing Entity reserves the right to apply restrictions to the structure and content of Bidder’s product demonstrations and oral presentations. Demonstrations and oral presentations shall not be open to the public nor to any competitors. The schedule of the demonstrations and oral presentations will be arranged directly with the Bidders selected by the Purchasing Entity. Failure of a Bidder to agree to a date and time may result in rejection of the Bidder’s response.
e. Review Rights:
Responses to this RFQ may be reviewed and evaluated by any person(s) at the discretion of the Purchasing Entity, including non-allied and independent consultants retained by the Purchasing Entity for the sole purpose of evaluating and analyzing responses.
f. Permitted Copies:
If applicable, Bidders must authorize the Purchasing Entity to make, and retain reasonable number of machine-readable copies of all licensed, core software components included in the deliverables for testing, backup, or archival purposes (the “Permitted Copies”). Such authorization shall be provided to the Purchasing Entity at no additional cost.
g. Warranties:
The Bidder must agree to provide the following warranties. Additional warranties may be agreed to in the contract resulting from this RFQ.
· Bidder must provide all warranties required by the applicable Statewide Contract.
· Bidder and its subcontractors will be sufficiently staffed and equipped to fulfill Bidder’s obligations under any SOW or engagement resulting from this RFQ. Bidder warrants that it shall be responsible for the actions and omissions of all subcontractors and shall ensure that all subcontractors comply with the terms of an agreement resulting from this RFQ.
· Bidder’s services will be performed: (i) by appropriately qualified and trained personnel; (ii) with due care and diligence and to a high standard of quality as is customary in the industry; (iii) in compliance with the Milestone Schedule and the terms and conditions of this RFQ and any contract hereunder; and (iv) in accordance with all applicable professional standards for the field of expertise.
· The Deliverables will substantially conform with the Deliverable descriptions set forth in any SOW or engagement resulting from this RFQ.
· Bidder will obtain all rights, grants, assignments, conveyances, licenses, permissions, and authorizations necessary or incidental to any materials owned by third parties supplied or specified by the Bidder for incorporation in the Deliverables to be developed under the applicable Statewide Contract.
ATTACHMENT A: COMMBUYS Instructions Interested Bidders must submit their response using COMMBUYS.
Useful links: 1. Job aid on how to submit a quote: https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download 2. Webcast: How to Locate and Respond to a Bid in CommBuys, which will familiarize bidders with CommBuys terminology, basic navigation, and provide guidance for locating bid opportunities in CommBuys and submitting an online quote.
3. Bidders MUST have their complete bid fully loaded and submitted prior to the time and date listed in the calendar. COMMBUYS will not allow for bids to be submitted after the posted time.
Bidder may contact the OSD Help Desk at osdhelpdesk@mass.gov or call during normal business hours (8AM – 5PM, Monday – Friday) at 1-888-627-8283 or 617-720-3197.
Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A tab in COMMBUYS (see below for instructions). Questions may be asked prior to the Deadline for Submission of Questions stated in the Procurement Calendar. The Purchasing Entity reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.
Please note that questions submitted to the SST using another medium (including those sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has been posted.
Bidders are responsible for entering content suitable for public viewing, since all the questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise these issues or that are not in the best interest of the Commonwealth or this Bid.
All answers are final when posted. Subsequent revisions to previously provided answers will be dated. It is the responsibility of the prospective Bidder and awarded Bidder 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 Entity, including requests for clarification. The Purchasing Entity and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Bidder’s designated email address is not current or if technical problems, including those with the prospective Bidder’s/awarded Bidder’s computer, network, or internet service provider (ISP), cause email communications sent to/from the prospective Bidder/Awarded Bidder and the Purchasing Entity to be lost or rejected by any means, including email or spam filtering.
Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.
ATTACHMENT B: SBPP and SDP Plan:
Small Business Purchasing Program (“SBPP”) Instructions Bids of less than $250,000 are subject to the Small Business Purchasing Program.
Program Background: The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 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 Purchasing Entity 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 Strategic Sourcing Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SST’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.
Supplier Diversity Plan (“SDP”) Plan Instructions Required for bids over $250,000.
Program Background Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).
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 RFQ 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, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.
Bidders may propose SDP Partners that are: · 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 Purchasing Entity and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.
It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:
· 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. Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.
It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.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.
ATTACHMENT E – CLOUD TERMS TABLE:
The following terms shall apply to cloud solutions purchased by the Commonwealth. Bidder must provide a response to each term or provide justification as to why a term is not applicable to the offered cloud solution. These terms shall supplement any terms provided by the cloud solution provider and may be negotiated between EOTSS and the awarded Bidder.
| Category |
| Requirement |
| Bidder’s Response |
| Support and Training |
| Technical support must be provided via online helpdesk and toll-free phone number, during Business Hours (Monday through Friday from 8:00 a.m. to 6:00 p.m. Eastern Time) and 24x7x365. |
| Service Level |
| Bidder must provide a Service Level Agreement (SLA) which includes (1) guaranteed uptime percentage or at least 99.00% and (2) definition of uptime and how it is calculated |
| Service Level |
| Scheduled maintenance must be limited to ten (10) hours per month. Downtime must include the sum or unscheduled maintenance and scheduled maintenance if they exceed ten hours per month, combined. |
| Service Level |
| Scheduled maintenance must occur with at least two (2) business days’ advance notice, at agreed-upon times, and in no event during Business Hours. |
| Service Level |
| The SLA must include: (1) response and resolution times, (2) multiple levels of defect classifications, and (3) other applicable metrics based on industry standards. |
| Remedies |
| The SLA must include remedies for failure to meet guaranteed uptime, response and resolution time, and other metrics. Remedies may include fee reductions, credits, and extensions in service period at no cost. |
| Remedies |
| Repeated or consistent failures to meet SLA metrics may result in (1) a refund of all fees paid by Customer for the period in which failure occurred and (2) participation by the solution provider in a root cause analysis and corrective action plan at Customer’s request. |
| Remedies |
| If uptime is less than 98.0% three times during the Term, Customer may terminate the subscription and receive a pro-rated refund of all prepaid fees. |
| Reports |
| Customer will be provided with a written report of performance metrics, including uptime percentage and service support requests, classifications, and response and resolution times, as requested by Customer. Customer may independently audit the report at Customer’s expense. |
| Reports |
| Solution provider and Customer shall meet as often as reasonably requested by either party to review the performance of the cloud software/services. |
| Reports |
| Solution provider will provide to Customer regular status reports during unscheduled downtime, at least once per day or upon Customer’s request. |
| Reports |
| Solution provider will provide Customer with root cause analysis within thirty (30) days of unscheduled downtime. |
| Changes |
| Solution provider may not change the cloud software/services in any manner that adversely affects Customer or degrades the service levels applicable to Customer without Customer’s written approval. |
| Updates and upgrades |
| Solution provider will make updates and upgrades available to Customer at no additional cost when solution provider makes such updates and upgrades generally available to its users. |
| Updates and upgrades |
| Solution provider will notify Customer at least sixty (60) days in advance prior to any major update or upgrade. |
| Updates and upgrades |
| Solution Provider will notify Customer at least five (5) business days in advance prior to any minor update or upgrade, including hotfixes and installation of service packs, except in the case of an emergency such as a security breach. |
| Updates and upgrades |
| No update, upgrade, or other change to the cloud software/services may decrease the cloud service’s functionality; materially, adversely affect Customer’s use of, or access to, the cloud software/services; or increase the cost of the cloud software/services to Customer. |
| Customer Data |
| Customer retains full right and title to data provided by Customer and any data derived therefrom, including metadata (collectively, the “Customer Data”). |
| Customer Data |
| Solution provider shall not collect, access, or use user-specific Customer Data except as strictly necessary to provide the software and services to Customer. No information regarding Customer’s use of the cloud software/services may be disclosed, provided, rented or sold to any third party for any reason unless required by law. |
| Customer Data |
| Solution provider shall not use any information collected in connection with the agreement, including the Customer Data, for any purpose other than fulfilling its obligations under the agreement. |
| Customer Data |
| Customer Data must remain within the continental United States. Solution provider must disclose to Customer the identity of any third-party host of Customer Data. |
| Customer Data |
| Customer may export the Customer Data at any time during the Term or for up to three (3) months after the Term in an agreed-upon file format and medium. |
| Customer Data |
| Three (3) months after the termination or expiration of the Term or upon Customer’s earlier written request, solution provider shall at its own expense destroy and erase all Customer Data and Customer’s Confidential Information, unless otherwise required by law. Solution provider shall, upon request, send a written certification to Customer certifying that it has destroyed the Customer Data and Confidential Information in compliance with this section. |
| Data Privacy and Security |
| Solution provider must comply with all applicable laws related to data privacy and security. |
| Data Privacy and Security |
| Solution provider shall not access Customer user accounts, or Customer Data, except in the course of data center operations, response to service or technical issues, as required by the express terms of the agreement, or at Customer’s written request. |
| Data Privacy and Security |
| Solution provider may not share Customer Data with its parent company, other affiliate, or any other third party without Customer’s express written consent. |
| Data Privacy and Security |
| Prior to contract execution, solution provider and Customer must identify whether the solution provider or the cloud software/services will access sensitive data, including without limitation: |
Personal data under M.G.L. c. 66A Personal information under M. G. L. c. 93H and 201 CMR 17.00 Personal Health Information under the Health Insurance Portability and Accountability Act of 1996 Records under the Federal Education Rights and Privacy Act of 1974 Federal Tax Information under IRS Pub. 1075 Criminal Justice Information Criminal Offender Record Information
If solution provider or cloud software/services will store, use, access, or obtain potential access to, sensitive data, solution provider and Customer must document any additional specifications and/or requirements pertaining to the cloud software/services.
| Data Privacy and Security |
| Solution provider shall provide a secure environment for Customer Data, and any hardware and software, including servers, network and data components provided by solution provider as part of its performance, in order to protect, and prevent unauthorized access to and use or modification of, the cloud software/services and Customer Data. |
| Data Privacy and Security |
| Solution Provider will encrypt personal and non-public Customer Data in transit and at rest. |
| Data Privacy and Security |
| Customer Data must be partitioned from other data in such a manner that access to it will not be impacted or forfeited due to e-discovery, search and seizure or other actions by third parties obtaining or attempting to obtain solution provider’s records, information or data for reasons or activities that are not directly related to Customer’s business. |
| Data Privacy and Security |
| In the event of any breach of security that adversely affects Customer Data or solution provider’s obligations, or any evidence that leads solution provider to believe that such a breach is imminent, solution provider shall promptly (and in no event more than twenty-four hours after discovering such breach) notify Customer. Solution provider shall identify the affected Customer Data and inform Customer of the actions it is taking or will take to reduce the risk of further loss to Customer. Solution provider shall provide Customer the opportunity to participate in the investigation of the breach and to exercise control over reporting the unauthorized disclosure, to the extent permitted by law. |
| Data Privacy and Security |
| If sensitive data is compromised, solution provider shall be responsible for providing breach notification to data owners in coordination with Customer and the Commonwealth as required by M.G.L. ch. 93H or other applicable law or Commonwealth policy. |
| Data Privacy and Security |
| Solution provider shall indemnify, defend, and hold Customer harmless from and against any and all fines, criminal or civil penalties, judgments, damages and assessments, including reasonable expenses suffered by, accrued against, charged to or recoverable from the Commonwealth, on account of the failure of solution provider to perform its “Data Privacy and Security” obligations. |
| Disaster Recovery |
| Solution provider will maintain and follow a disaster recovery plan designed to maintain Customer access to the cloud software/services, and to prevent the unintended destruction or loss of Customer Data. In no event shall the cloud software/services be unavailable for a period in excess of twenty-four (24) hours. |
| Disaster Recovery |
| Solution provider shall review and test the disaster recovery plan regularly, at minimum twice annually. Solution provider shall back up Customer Data in an off-site “hardened” facility located within the continental United States. In the event of service failure, solution provider shall be able to restore the cloud software/services, including Customer Data, with loss of no more than twelve (12) hours of Customer Data and transactions prior to failure. |
| Records and Audit |
| Solution provider shall maintain accurate, reasonably detailed records pertaining to: (1) substantiation of claims for payment, (2) service levels, including service availability and downtime. |
| Records and Audit |
| Solution provider shall keep such records for a minimum of seven (7) years from the date of creation. |
| Records and Audit |
| Customer or its designated agent shall have the right, upon reasonable notice to solution provider, to audit, review, and copy all records collected by solution provider that may reasonably relate to Customer’s use of the cloud software/services. Such records will be made available to Customer or Customer’s agent at no cost to Customer. |
| Transition Assistance |
| Solution provider shall reasonably cooperate with Customer and other parties in connection with all cloud software/services to be delivered under the agreement. Solution provider shall assist Customer in exporting and extracting the Customer Data, in a format usable without the use of the cloud software/services and as agreed to by Customer. |
| Transition Assistance |
| If Customer determines that a documented transition plan is necessary, solution provider shall reasonably cooperate with Customer to document such transition plan no later than sixty (60 ) days prior to termination. |
FORM 1 – RFQ RESPONSE FORM:
Bidders should avoid including components in their responses which are not expressly requested in the RFQ. If multiple options are available and responsive to the RFQ, Bidders must clearly identify the differences in cost and functionality of each option.
Statement of Interest and Contact Information Company or Organization Name:
_______________________________________________ (“Bidder”)
Bidder Address:
Bidder Contact(s):
| Name: | _________________________________________ |
| Email: | _________________________________________ |
| Phone: | _________________________________________ |
| Name: | _________________________________________ |
| Email: | _________________________________________ |
| Phone: | _________________________________________ |
By submitting this RFQ Response, the Bidder hereby agrees and acknowledges that any agreement resulting from the RFQ will be subject to the documents incorporated therein, as provided in Section IV (Order of Precedence) of the RFQ. Subject to Section II (F) in this RFQ Response Form, the Bidder agrees to all terms of the RFQ, including all documents incorporated into the agreement.
Cost Response
· Provide a valid, fixed priced quote that may be used to issue a purchase order. The quote must include address and contact information for the person to whom the quote may be sent. All quotes must be valid for a minimum of ninety (90) days after the date of submission.
· Bidder shall provide all questions related to costs to Purchasing Entity via COMMBUYS Q&A prior to submitting a Response.
FORM 2 – SOW/TASK ORDER:
TASK ORDER BETWEEN THE EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT AND CONTRACTOR FOR THE LICENSING, PERMITTING, AND INSPECTION SALESFORCE IMPLEMENTATION
1. INTRODUCTION
The following document will serve as the first Task Order (“Task Order”) between the EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT (“EOED”) and (“Contractor”) for the Licensing, Permitting, and Inspection Salesforce Implementation. The entire agreement (the “Agreement”) between the parties consists of the following documents, in the following order of precedence. In the event of a conflict, the document of higher precedence shall govern.
(1) Commonwealth Terms and Conditions for Information Technology Contracts
(2) Standard Contract Form and accompanying instructions
(3) The applicable Statewide Contract;
(4) The Bidder’s response thereto;
(5) Request for Quotation for BD-############### (“RFQ”), inclusive of all attachments, addenda, revisions, and Q&A, as applicable
(6) Master Services Agreement and Appendix A
(7) This Task Order or other documents negotiated between the Parties
(8) Contractor’s Response to the RFQ, as it may be amended by EOED and Contractor, including any negotiated terms and conditions allowable pursuant to law or…
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