FY24 Training and Trainers RFR~2.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Education Department of Early Education and Care

50 MILK STREET, 14TH FLOOR

BOSTON, MA 02109-5002

Request for Response (RFR)

Document Title: Training and Trainer Consulting Services

COMMBUYS Bid#: BD-23-1037-1CEN0-C0000-86549

Agency Document Number: RFR 2023 EEC Training 004

March 31, 2023 Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www.commbuysCOMMBUYS.com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk County holidays.

Table of Contents

RFR Introduction and General Description Procurement Scope and Description As part of a statewide network of training resources, EEC is seeking to establish a list of qualified trainers and training content developers from which it will draw on an “as needed” basis to design and/or provide trainings/presentations/facilitations that will increase the skills, knowledge, and competencies of the early education and care and afterschool and out-of-school time (ASOST) field.

Organizations and individuals with expertise and experience in the design and delivery of early childhood training may apply through this RFR to be added to this list. As needs are identified and funding becomes available, EEC may draw from the list. This procurement will utilize a rolling enrollment.

Note: EEC does not guarantee that it will purchase services from each of the successful bidders who are deemed qualified through this process. EEC’s purpose in establishing this list is to pre-determine qualifications, contract terms, prices, and the contractor’s availability. The scope of services will vary depending on the needs and/or requests of EEC staff and will be identified at the time of contract award. Consultants interested in providing services will be expected to work collaboratively with EEC designated staff to define the scope of services including estimated timelines and resource needs.

As the needs of educators are identified and funding becomes available, EEC may draw from the list to design or conduct trainings. EEC may conduct interviews and/or request specific information from Trainers on the List prior to determining which trainers, if any, will be awarded a contract. EEC will provide selected vendors with a scope of services outlining the required specifications of each contract. The scope of services will be incorporated into the vendor’s contract.

Background Information The Massachusetts Department of Early Education and Care (EEC) provides and coordinates a range of services and assistance to improve the quality, affordability, and accessibility of early education and care in the Commonwealth. To that end, Massachusetts uses a mixed delivery system which includes child care centers, ASOST programs, family child care homes, public preschool programs, private schools, preschool, kindergarten, and Head Start programs. EEC is responsible for licensing early education and care and ASOST programs; awarding financial assistance for child care services to qualified families; providing information and referral services; ensuring inclusive programming for students with special needs; providing parenting support for all families; and offering professional development opportunities for staff in the early education and care and ASOST fields. These efforts affect thousands of early education educators and ASOST educators who serve more than 275,000 children each day.

Research shows that a highly skilled and well-qualified workforce is a critical factor in the quality of an early education or ASOST program, and that quality programming is linked to positive outcomes for children. Currently, EEC administers professional development through a variety of formats and agencies, including the StrongStart Learning Management System (LMS). Building upon the strengths of the current method of service delivery for professional development services, EEC is seeking to develop a statewide network of training resources to implement EEC’s vision of coordinated and integrated professional development services and resources that are aligned with the needs of the early education and care and ASOST workforce.

Applicable Procurement Law This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services) Number of Awards EEC may contract with multiple contractors from the list of “qualified” trainer consultants to assist it in the future.

Adding Contractors after Initial Contract Award This is a rolling bid. Eligible contractors will be added to the list once approved.

Eligible Entities Only EEC and the Executive Office of Education (EOE) will be able to award contracts under this procurement.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service Contracts.

Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 12 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

Contract Duration The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

No new goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

This procurement shall utilize a rolling enrollment. RFR responses will be accepted beginning on March 24, 2023. EEC intends to evaluate responses submitted by bidders within 30 days of receipt.

Services may be used at any time during the period in which this RFR remains open. EEC makes no guarantee that services will be purchased under this RFR. Prior to the end of June 30, 2033, a new RFR will be posted.

Estimated Value of the Contract Consultants will be reimbursed either on a unit basis (hourly rate) or on a project basis (per contract designed and/or offered) depending on the nature of the project. EEC reserves the right to seek project cost estimates from multiple, qualified vendors from the list prior to entering into a service contract. Prior to the commencement of their contract(s), selected vendors will negotiate with EEC staff specific compensation structures for specific training projects. The agreed upon compensation and compensation structure will be incorporated into the terms of the contract upon contract award.

Estimated Procurement Calendar

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.

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 EEC regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to EEC using any other medium (including those that are 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 already been posted.

Bidders are responsible for entering content suitable for public viewing since all 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. EEC reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor 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 Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP), cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department 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.

Amendment Deadline EEC reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. EEC and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Specifications Bidder Qualifications Bidders must demonstrate that they meet the required qualifications outlined below for either content developers, trainers, or both. Bidders must have excellent written and verbal communication skills. Bidders must have extensive knowledge of the subject matter/topic(s) identified in the Bidder’s Response.

Content Developers Content developers must show that they have experience in developing relevant content that meets the requirements of Appendix 6 – Training Design and Delivery and, if developing online content, meets the requirements of Appendix 5 – Guidance for Online Course Development.

Trainers Trainers should have the ability to conduct training for audiences that may include a range of cultural and experiential backgrounds. If offering in-person training, bidders should have the ability to travel to different parts of the state to provide trainings, and flexibility to offer trainings during evenings and weekends. Those contractors who elect to use a motor vehicle for travel must have a current and valid Massachusetts Motor Vehicle Operator's license or the equivalent from another state. Trainers must meet one of the qualifications outlined in the Appendix 4 – Trainer Qualifications.

Proposal Evaluation Questions Proposals must include the following information:

· Please indicate the role(s) the bidder is applying for:

· Trainer

· Facilitated Content Developer

· eLearning Content Developer

· Please state/describe your qualifications and experience as a Content Developer or Trainer with supporting documentation. Individual bidders must submit an updated vitae/resume. Organizations that are bidding must submit resumes of all key staff that will be providing the training or developing content.

· Please state/describe the subject matter expertise of each Content Developer or Trainer.

· If applying for content development, please submit a sample course for evaluation (note the evaluation rubric below at Training Scoring Rubric). The submission must include the syllabus with learning goals, course description, materials (presentations, handouts, resources) and enough material to allow for evaluation using the Training Scoring Rubric. Note: if applying for online content development, the sample may be submitted in the form of a link to the online training and supporting materials. Please indicate what online content development software was used in the development of the sample course.

· If applying for development of online content development, please state/describe the specific tool(s) which will be used in content development (i.e., Articulate Storyline, Articulate Rise, Camtasia, etc.) and the experience with those tools. EEC prefers Articulate Storyline.

· Please submit the names and contact information for at least two (2) references that have direct knowledge of your training or content development experience and abilities.

Submission Evaluations Bidders must submit written responses to the questions outlined above. Additionally, bidders are required to submit documentation to verify any stated credentials including resumes, reference names, and any other materials that would verify their qualifications or experience.

EEC will establish an evaluation committee consisting of at least two (2) representatives from EEC, depending on the number of responses received, for the purpose of evaluating responses. If more than two persons are appointed to evaluate the responses, one member will be designated to serve as Chair of the evaluation committee. The Chair will assume responsibility for:

· Reviewing response submissions to determine if they meet the response submission requirements specified in the RFR;

· Ensuring that qualified responses are reviewed and evaluated in accordance with the procedures included in this RFR; and

· Completing written evaluation scorecards for each bidder.

The Evaluation Committee members will each individually review and rate the bidders’ responses. The committee will convene and discuss the strengths and weaknesses of each response. The final product of the committee will be a single completed evaluation sheet for each response that reflects the consensus of the committee. Specific guidance on rating the Response Questions is provided in the Appendix 7 – Evaluation of Bids Scoresheet.

Supplier Diversity Program Program Background Pursuant to Executive Order (EO) 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized 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 or non-profit organization. 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 total SDP Commitment acceptable in responses 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 in the following two ways:

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

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

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

· SDP Partners are not required to be subcontractors.

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

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

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, 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. EEC reserves the right to implement a corrective action plan in the case that a bidder does not meet its SDP Commitment.

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 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 their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that 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.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. 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.

Environmental Specifications Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

Compensation Structure/Pricing Compensation is project based and will be outlined in scopes of work posted for bidding to this list.

Other Terms Continued Qualification Based on Performance The Department of Early Education and Care (EEC) reserves the right to disqualify a vendor from participating on this vendor list if the vendor has a history of poor performance or has not fulfilled their obligations under a previous contract with EEC. EEC’s determination of poor performance shall be made at its sole discretion and shall be final and binding. In the event of disqualification, EEC shall have the right to terminate the contract with the vendor and to seek remedies for any damages incurred. EEC shall be entitled to retain and use any product(s) produced by the vendor to that point.

Reporting Contractors are responsible for compliance with all contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by contracts awarded through this list.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

Contract Management All Contract questions must be directed to the Commonwealth Contract Manager.

· Contract Manager: Pam Roux (Pam.Roux@mass.gov) Change Notification Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be reported promptly via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

Failure to Perform Contractual Obligations Failure to perform contractual obligations may result in the following:

· Termination

· Suspension

· Adding additional contractors

· Cover/Replacement Costs

· Liquidated Damages Audit During the term of this Agreement and for a period of six years thereafter, EEC, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged EEC, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Bidder scores will be used to determine if bidders are placed on the list. Bidders will receive feedback if they do not meet the requirements to support improvement and resubmission.

Evaluation criteria Mandatory Requirements Proposals must include all the components of the checklist found at RFR Submission Checklist.

Note: Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

Evaluation Components Proposals will be evaluated on the strength of responses to the proposal questions outlined in Proposals and completeness of submission requirements outlined in the Mandatory requirements. The evaluation scoring rubrics can be found at Appendix 4 – Evaluations Process. Bidders must score a minimum of 50%.

Supplier Diversity Plan Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 3. At least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions.

How to Submit a Quote All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

Quote Submission Method Online Quote Submission via COMMBUYS is required. All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page.

Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

· The online job aid on How to Create a Quote

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

COMMBUYS Support Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

· Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

· Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

· Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Bid Opening Date/Time This procurement shall utilize a rolling enrollment. RFR Responses will be accepted until March 15, 2033 at 3:00p.m.

EEC intends to evaluate responses submitted by bidders within 30 days of receipt. Vendors may apply to this RFR more than once if they were not selected to be on the List of Qualified Trainers based on their initial response. Any responses received after March 15, 2033 will not be evaluated.

Services may be used at any time during the period in which this RFR remains open. EEC makes no guarantee that services will be purchased under this RFR. Prior to the end of June 30, 2033, a new RFR will be posted. If services are not utilized during the initial contract period, EEC reserves the right not to renew the contract.

All questions regarding this Contract Application must be submitted in writing through COMMBUYS, Questions and Answer tab.

Quote Contents Bidders must comply with the requirements below.

RFR Submission Checklist EEC Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist, and all documents referenced in the Checklist. Documents listed in the checklist can be found with their descriptions and instructions in Appendix 2 – Forms Submission |_| Proposal Evaluation Questions

|_| Bidder’s Checklist Form 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 of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

Limits and Restrictions File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file may be processed by the upload tool. The upload tool will reject file names that includes spaces or symbols, such as brackets [ ] that some systems apply when downloading files from the Internet.

Note: Please change Bidder Name to the name of the bidding entity (i.e., if the bidder is Jane Doe Training, the Proposal Evaluation Questions file name becomes JaneDoeTrainingProposalEvaluationQuestions). If there are multiple parts to an item (such as references), items may also be labeled part1, part2, etc. There are no spaces in file names.

File Size Restrictions The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

File Format Restrictions All documents submitted must be in one of the following file formats:

· Documents in docx (Word)

· Spreadsheets in xlsx (Excel)

· PDF documents in a readable PDF format (i.e., converted properly from a document with a tool such as ADOBE or Word)

· Images in gif, png, or jpeg

· Video files in MP4 Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and sent via email to the Commonwealth Contract Manager in their original formats. These Forms should not be scanned and submitted as PDFs or other file types.

Additional Quote Terms Prohibition Regarding Contract Terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only those terms and conditions. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

Appendix 1: Required Terms for all RFRs General Procurement Information 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 EEC 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 a thumb drive, as a backup.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the EEC regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in contact information section of the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding, or planned common course of action with any other Bidder of the commodities and/or services described in the RFR.

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Invoices submitted to Massachusetts government entities must not include sales tax.

Contractor’s Contact Information It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS. The Contractor’s COMMBUYS account also must be updated to reflect the new information.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network, or internet service provider (ISP), cause email communications between the Bidder and EEC to be lost or rejected by any means, including email or spam filtering.

Publicity Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers, addresses, or other information except as specifically authorized by EEC.

Appendix 2: Forms Submission The purpose of this appendix is to provide guidance to Bidders on the Commonwealth Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms Forms listed below may be electronically signed by the Bidder, see Acceptable Forms of Signatures. Bidders must, if notified of Contract award, submit the following four (4) forms within the timeframe referenced in the RFR section entitled Acceptable Forms of Signatures: the Commonwealth Standard Contract Form, the Commonwealth Terms and Conditions, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Contractor Authorized Signatory Listing.

All forms can be found in their respective section descriptions below and at OSD Forms page.

Commonwealth Standard Contract Form – For Reference Only: Not Requested unless Awarded By executing this document, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by EEC. Also, the terms of the RFR, the Bidder’s Response, and any negotiated terms shall be deemed accepted by the Department and included as part of the Contract upon execution of this document by the State Purchasing Agent or his designee.

If the Bidder does not have a Vendor Code beginning with “VC” or does not know their Vendor Code, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions -- For Reference Only If the Bidder has executed and filed the appropriate Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included. If the Bidder’s name, address, or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR.

Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) If a Bidder previously submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included. If the Bidder’s name, address, or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

Contractor Authorized Signatory Listing In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Contractors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block at the bottom of the first page of this form also will serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk, or Legal Counsel for the Contractor…,” if your…