FY27 RFR CPCSRFRFY270001 CAFL AND MHLD Attorney Workload Study.pdf

THE COMMONWEALTH OF MASSACHUSETTS

COMMITTEE FOR PUBLIC COUNSEL SERVICES

75 FEDERAL STREET

6TH FLOOR

BOSTON, MA 02110

REQUEST FOR RESPONSE (RFR)

Children and Family Law Division and Mental Health Litigation Division Attorney Workload Study

REQUEST FOR RESPONSE

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

RFR # CPCSRFRFY270001/COMMBUYS BID #BD-27-1370-CPCS1-BROMF-134773

SUMMARY SHEET

Purchasing Entity:

Committee for Public Counsel Services (CPCS)

Address:

75 Federal Street

6th Floor

Boston, MA 02110

RFR File Name/Title:

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

RFR Number:

CPCSRFRFY270001

Commbuys Bid Number:

BD-27-1370-CPCS1-BROMF-134773

RFR Managers:

Daniel Mahoney, Deputy Chief Counsel for the Children and Family Law Division

Laura A. Sanford, Deputy Chief Counsel for the Mental Health Litigation Division

Contact Information:

Email only: caflmhldworkstudy@publiccounsel.net

Official Publication Solicitation and Related Documents:

The Committee for Public Counsel utilizes both “COMMBUYS” http://www.commbuys.com in tandem with email for its procurements. Please read the requirements of the RFR carefully as not properly following directions will disqualify your bid.

http://www.comm-pass.com/

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS website. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the CPCS.

***BID SUBMISSION DEADLINE***

12/07/2026

Section 1.0 – General Summary

The Mission of CPCS is to “fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals.’ We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.” Our core Values are Courage; Accountability; Respect; Excellence.

In issuing this RFR, the Children and Family Law Division (CAFL) and Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS) seek proposals from qualified firms or organizations to conduct independent workload studies of attorneys providing representation in children and family law matters and mental health litigation matters. The study will evaluate attorney workload and capacity and develop evidence-based workload standards that reflect the time and resources reasonably required to provide effective, high-quality representation consistent with applicable professional and ethical obligations for each division. The study is intended to provide CPCS with a defensible framework to inform attorney staffing, resource allocation, case assignment practices, and long-term workforce planning.

This RFR is issued under laws, rules, procedures, and practices applicable to CPCS. CPCS is not subject to 801 CMR 21.00 et seq., which governs the procurement process of the Executive Branch of Massachusetts. Firms responding to this RFR should not assume that CPCS procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the Vendor selection and contract negotiation phases of this procurement process.

Section 1.1 – Overview of the CPCS

The enabling statute for CPCS is G.L. c. 211D. Chapter 211D created CPCS as an organized, statewide, state funded public counsel agency. CPCS is the sole state agency responsible for providing legal representation to indigent persons who are entitled to representation by legal counsel. This includes representation in criminal, delinquency, youthful offender, child welfare, mental health, sexually dangerous person and sex offender cases, as well as related appeals and post-conviction matters.

The agency is overseen by a 15-member Committee: 2 of whom are appointed by the Governor; 2 of whom are appointed by the President of the Senate, 2 of whom are appointed by the Speaker of the House of Representatives; and 9 of whom are appointed by the Massachusetts Supreme Judicial Court. The Chief Counsel, appointed by this Committee and assisted by the Senior Management Team, serves as the CEO of the Agency and is responsible for directing its day-to-day functions.

https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter211D

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Representation is provided by a combination of approximately 600 staff attorneys and 2400 private attorneys trained and certified to accept appointments. Support for and supervision of these attorneys is provided by the following 5 main divisions: The Private Counsel and Public Defender Divisions (for criminal cases and related matters), the Children and Family Law Division (for child welfare cases), the Youth Advocacy Division (for delinquency, and youthful offender, matters), and the Mental Health Litigation Division (for guardianships and mental health civil commitments).

In addition to the above legal divisions, the administration of the agency is handled by the following departments: the General Counsel’s Office (for legal counsel to the agency and legislative matters), the Administration and Operations Department (for support to the Chief Counsel, project management, strategic planning, and overseeing the training unit), the Human Resources Department (for employee relations, talent acquisition, hiring, payroll, benefits, and performance management), the Finance Department (for budgeting, accounting, facilities and equipment, and procurement), the Information Technology Department (for delivering technology capabilities for the Agency and private counsel and attorneys), and the Race, Equity and Inclusion Office (for advancing the agency’s efforts on race, equity and inclusion initiatives). For more detailed information on the structure of the agency, firms should visit www.publiccounsel.net.

Section 1.2 – Purpose and Scope of Services

The Children and Family law Division (CAFL) and the Mental Health Litigation Division (MHLD) of the Committee for Public Counsel Services (CPCS) seek proposals from qualified firms or organizations to conduct independent, comprehensive workload studies of attorneys providing representation in children and family law matters and mental health litigation matters throughout Massachusetts.

The purpose of the studies is to evaluate existing attorney workload and caseload standards in each division and determine whether they appropriately reflect the time, resources, and professional responsibilities required to provide effective, high-quality legal representation. The studies will examine the demands of various case types, including differences in case complexity, duration, and the nature of representation provided to clients by each division.

The selected vendor will conduct an evidence-based assessment incorporating relevant case and staffing data, existing practice standards, and the informed judgment of experienced practitioners and subject matter experts for each division. The studies should employ a transparent, defensible methodology that considers the limitations of available administrative and timekeeping data and appropriately accounts for the professional and ethical obligations of attorneys representing individuals in each division.

The studies will include an assessment of current workload demands, identification of factors affecting attorney capacity, and development of recommendations concerning appropriate workload and caseload standards. Recommendations should consider potential differences between staff attorneys and private assigned counsel, as well as alternative approaches to measuring workload, including case-based, client-based, and other appropriate methods.

The selected vendor will provide CPCS with comprehensive final reports for each division documenting the methodology, findings, analysis, and recommendations, including potential implications for staffing, resource allocation, case assignments, and long-term planning.

http://www.publiccounsel.net/

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

The resulting studies are intended to provide CPCS with an independent, objective basis for evaluating existing workload standards and informing future policy, operational, and funding decisions. CPCS does not presume that existing standards require modification; any recommendations for changes must be supported by the study's findings and methodology.

Specific vendor responsibilities, project activities, and required deliverables are detailed in Appendix A – Scope of Services.

Section 2.0 – Acquisition Method

The products and services to be provided as a result of this RFR will be obtained under a service contract that provides for specified deliverables. CPCS will have full ownership rights to the deliverables provided under this contract, including full copyright ownership.

Section 3.0 – Single or Multiple Contractors

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

Section 4.0 – Use of this Procurement by a Single Department Procurement/Multiple

This procurement is intended for the exclusive use of CPCS.

Section 5.0 – Anticipated Duration of the Contract (Including Renewal Options)

Initial Term. One year (12 months will commence from executed agreement, but may result in multiple contracts to align with CPCS fiscal year)

Renewal Options. The contract will also have two (2) additional optional contract renewal periods of up to one (1) year each.

*The optional renewal periods will be activated and exercised at the sole discretion of CPCS. Any optional contract renewal periods shall be activated by written correspondence sent by CPCS to the contracted vendor, informing the vendor that CPCS is exercising the option to renew the contract for the time frame stated in the correspondence. As part of any possible renewal, the vendor agrees to complete and execute any additional documents necessary for the renewed agreement.

Total Maximum Contract Duration. One Year with option to renew for up to a total of 3 years as described above.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 6.0 – Compensation

Compensation Structure. The anticipated compensation for the resulting contract will be a flat rate, inclusive of all costs and services contracted. The lump sum amount will include all work tasks covered in the Scope of Services, all professional and administrative costs and all direct and overhead costs associated with this project.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.0 – Procurement Process

Section 7.0.1 – Procurement Timetable. * The following schedule of events for this RFR identifies the key events and deadlines for this process, some of which are set forth in more detail in the sections that follow:

Procurement Activity *Date Time

Bid/RFR Issue Date 10/26/2026 5:00pm

Deadline for vendor inquiries 11/09/2026

Deadline for response to vendor inquiries 11/16/2026

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

12/07/2026 3:00pm

Notification of Apparent Successful Bidder (Estimated)

12/21/2026

Estimated Contract Start Date 1/04/2027

Bidders are required to monitor COMMBUYS for changes to the procurement calendar, and any additional documents related to the RFR for this Bid. You will not be automatically notified via

COMMBUYS.

o Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

o Estimated Contract Start Date Above is the approximate start date and is subject to change. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

CPCS reserves the right to amend or delay any of the dates or times reflected above, as well as any other timeframes or deadlines referenced throughout this solicitation, if such a change is in the best interests of CPCS.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.0.2 – Correspondence All correspondence, including Vendor Inquiries related to this RFR must be submitted via email to the following email address:

caflmhldworkstudy@publiccounsel.net

Section 7.0.3– Vendor Questions

(a) Vendors may submit questions concerning this RFR via email no later than the dates and times specified in the Procurement Timetable (Section 7.0.1). No telephone or in-person inquiries will be accepted.

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

(c) Vendor Inquiries on any portion of the RFR should NOT include proposed or actual cost data.

The inclusion of any proposed or actual costs in any inquiry may result in the vendor’s disqualification.

Section 7.0.4 – Restrictions on Contact with CPCS Personnel

(a) From the issuance of this RFR until a contract resulting from this RFR is executed by the selected vendor, any contact regarding this RFR (other than as permitted in this RFR) with personnel employed by or contracted to the Committee for Public Counsel Services is prohibited. During this time period, no vendor shall approach any Committee for Public Counsel Services personnel or contractor concerning this bidding and contracting process or their proposal.

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

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

(d) A copy of the No Contact Policy is included in the Mandatory RFR Documents Appendix (Appendix B) and must be signed by the vendor and included in the vendor’s Technical Proposal.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

(e) Should the need arise, CPCS may contact vendors for clarifications pertaining to that particular vendor’s proposal at any time during the solicitation process.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.0.5 – COMMBUYS

(a) The Commonwealth’s online procurement record site is “COMMBUYS” at http://www.commbuys.com. CPCS utilizes both COMMBUYS in tandem with email for its procurements. All RFR clarifications, notifications, addenda or other documents or information related to this solicitation will be made through the COMMBUYS website.

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

Section 7.0.6 – Mandatory RFR Documents

(a) Vendors must submit fully executed originals of the following documents and forms with their

Technical Proposal for their proposals to be considered in compliance with this RFR:

i. Commonwealth Terms & Conditions (“T&C”) Form;

ii. Vendor Acceptance form; and

iii. No Contact Policy Acknowledgement

(b) All the forms detailed above are attached to this RFR in Appendix B – Mandatory RFR Documents. The Commonwealth Terms and Conditions Form is also available through the Commonwealth of Massachusetts Executive Branch’s Operational Services Division (OSD) website (www.mass.gov/osd) [OSD Forms Tab].

(c) Though all proposals and Mandatory RFR Documents are being submitted electronically via COMMBUYS, CPCS may request a wet-ink signature hard copy original of the T&C form at the contracting phase with the selected vendor.

http://www.comm-pass.com/ http://www.mass.gov/osd

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.0.7 – Sample Mandatory Contract Documents

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

i. Commonwealth of Massachusetts Standard Contract Form (and all related attachments, addenda and exhibits);

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

iii. Verification of Taxation Reporting Information (W-9) – Massachusetts

iv. Substitute W-9 Form (“W-9”); and

v. Contractor Authorized Signatory Listing (“CASL”) Form.

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

Section 7.0.8 – Submission of Proposals

(a) Each response to this RFR must be included in a single email submission.

(b) All responses must be submitted electronically by email to:

caflmhldworkstudy@publiccounsel.net

Section 7.0.9 – Proposal Due Date

(a) Proposals by respondents must be received by CPCS no later than the date and time indicated in

Section 7.0.1.

(b) It is the vendor’s responsibility to ensure that its proposal is received before the submission deadline and time as specified in Section 7.0.1.

Section 7.0.10 – Clarification and Correction of Proposal

(a) The Evaluation Committee may request additional information from vendors needed to clarify the vendor’s proposal or to facilitate the fair comparison of competing vendor proposals. These requests may be in the form of questions seeking to clarify a technical or pricing proposal item, a request to itemize costs based upon a different cost spreadsheet format, correction of arithmetic errors or a Best and Final Offer (BAFO) for either the Technical or Pricing proposals.

Section 7.0.11 – Mandatory Response Requirements v. Bolded Text Bold face text is used throughout this RFR for emphasis only. Mandatory Proposal Requirements are indicated by the terms “must”, “shall”, “is/are required”, or “will”, regardless of the highlighting or font style in the RFR.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.1 – Vendor Proposal

Section 7.1.1 – General Information

(a) Responses to this RFR must be prepared and submitted in accordance with requirements outlined in this RFR.

(b) Any proposal submitted with material deviations from the prescribed format, as determined by

CPCS, may be considered non-responsive and excluded from further consideration or evaluation at the sole discretion of CPCS.

Section 7.1.2 – Technical Proposal Specifications

(a) Responsive to Scope of Services. Vendor proposals must address each specification, task or component included herein. (See Appendix A for the Scope of Services).

(b) Vendor Alternatives. A vendor may determine that it cannot respond to a technical or business specification as detailed in the RFR but may believe it can offer equivalent or superior performance by some other means. In such cases, the vendor should explicitly state that it cannot meet the specification as presented, propose an alternative, and provide a thorough description of how the proposed alternative would provide equivalent or superior performance of the specification. The Evaluation Committee will be the sole judge of whether a proposed alternative achieves at least an equivalent performance of the technical or business specification for which the vendor is identifying an alternative.

Section 7.1.3 – No Pricing Information in the Technical Proposal Pricing information of any kind, regarding the services and/or products proposed, must not be included in any section of the Technical Proposal. Any Technical Proposal containing pricing information may be disqualified. Pricing information must be included only in the vendor’s Pricing Proposal.

Section 7.1.4 – Technical Proposal Format Outline Each Technical Proposal submitted in response to this RFR shall include the following sections, the requirements for which are provided in the following section:

Technical Proposal Outline

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Technical Section 1: Technical Proposal Transmittal Letter

Technical Section 2: Executive Summary

Technical Section 3: Mandatory Forms (See Appendix B)

Technical Section 4: Vendor Qualification

Technical Section 5: Staff Qualifications

Technical Section 6: Client/Customer/Business References

Technical Section 7: Response to Vendor Tasks (Appendix A)

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.1.5 – Technical Proposal Format

(a) The Technical Proposal shall detail the vendor’s approach to each of the vendor tasks detailed in

Appendix A, Scope of Services;

• Describe in detail the proposed types and levels of services your firm proposes to provide and the approach you will take to supply the required minimum scope and objectives.

• Identify the nature and time involved for anticipated use of staff time.

(b) Vendors must use the section numberings and headings as outlined below for the format of their response. In parentheses after each heading below are references to the specific sections in this RFR to which the vendor must respond.

i. Technical Proposal Transmittal Letter (7.1.6)

ii. Executive Summary (7.1.7)

iii. Mandatory Documents (included in RFR Appendix B) (7.1.8)

a. Commonwealth Terms & Conditions

b. Vendor Acceptance Form

c. No Contact Policy Acknowledgement

iv. Vendor Qualifications (7.1.9)

v. Staff Qualifications (7.1.10)

vi. Client References (7.1.11)

vii. Response to Vendor Tasks (7.1.12)

Section 7.1.6 – Technical Proposal Transmittal Letter

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

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

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

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

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

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

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

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.1.7 – Executive Summary

(a) The vendor shall submit an Executive Summary that briefly outlines its Technical Proposal. The

Executive Summary shall, at a minimum, include a summary of the proposed products and services to be provided by the submitting vendor as well as any subcontractors.

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

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

Section 7.1.8 – Mandatory Forms and Disclosures The vendor shall attach to its Technical Proposal all mandatory forms and disclosures required by this RFR. Mandatory forms are included in Appendix B.

Section 7.1.9 – Vendor Qualifications

(a) The Vendor Qualifications portion of the proposal must contain the following information:

i. company’s legal name;

ii. company’s state of incorporation;

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

iv. brief background of company; and

v. company’s current staffing.

(b) The vendor must also provide documentation of its “good standing” as a legal entity (corporation, partnership, etc.) in the state or jurisdiction where it is registered as a legal entity.

For example, in the Commonwealth of Massachusetts, incorporated entities are required to file annual reports with the Secretary of the Commonwealth and pay the appropriate annual fees.

Those vendors in compliance with the Secretary of Commonwealth’s requirements are considered to be in ‘good standing’ and may obtain a certificate stating that they are. If vendors are not able to obtain a certificate or document of good standing, the vendor should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental or administrative entity with which it is registered (and should identify that regulatory, governmental or administrative entity).

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

(c) The vendor must notify CPCS of, and provide information on, any contracts or other agreements for similar consulting services between the vendor and a client that were terminated before the anticipated end of the scheduled term of the contract or lease during the last five (5) years due to non-compatible/effective deliverables, system deficiencies or client dissatisfaction.

The information provided must indicate the name of the client, the product and/or services rendered, the timeframe in which the contract or lease was in existence including start date and scheduled term, the premature termination date and the reason for the premature termination.

CPCS reserves the right to ask for further materials and information on any responses provided to this section. In the event the vendor and client executed a confidentiality agreement relating to the premature or early termination of a lease, contract or other agreement, the vendor is to state such a confidentiality agreement exists and is to provide as much information as is allowable under the confidentiality agreement, including the identity of the client.

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

Section 7.1.10 – Staff Qualifications

(a) Vendor must identify what staff, employees or subcontractors it anticipates utilizing for the services to be rendered to CPCS for this project, which must include a short summary of relevant professional experience. Anticipated staff, employees or subcontractors should be identified by:

i. Job title;

ii. Department

iii. Years of experience

iv. Relevant education history; and

v. Description of the services they are anticipated to provide.

Section 7.1.11 – Business References

(a) The vendor is expected to provide at least three (3) business references that demonstrate experience in delivering the type of products and services described in this RFR. Each reference should include the following information:

i. Name and address of the reference;

ii. Contact information for reference;

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

iv. Description of products and services provided; and

v. Current working relationship status

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.1.12 – Response to Vendor Tasks

(a) Vendors should incorporate the Vendor Tasks in Appendix A into their proposal and indicate how they intend to provide each task or service identified. Vendors should also identify any additional elements, activities, or considerations they deem necessary or important to successfully completing the CAFL Workload Study that are not specifically identified by CPCS in its Vendor Tasks. .

(b) Vendors should also provide details on the processes, approach and strategies employed in prior instances of similar work.

Section 7.2 – Pricing Proposal

Section 7.2.1 – Pricing Proposal Requirements

(a) The vendor’s Pricing Proposal shall be labeled and provided as a separate attachment from the vendor’s Technical Proposal. The vendor shall include the following items in its Pricing Proposal, the requirements for which are described in the following sections:

Pricing Proposal:

Pricing Section 1: Pricing Proposal Transmittal Letter

Pricing Section 2: Pricing Schedule (See Appendix D)

Section 7.2.2 – Pricing Proposal Transmittal Letter

(a) The vendor’s Pricing Proposal Transmittal Letter must:

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

ii. Identify all materials included in the vendor’s Pricing Proposal; and

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

Section 7.2.3 – Pricing Schedule(s)

(a) The vendor must complete a Pricing Schedule as part of the Pricing Proposal. Basic guidelines for the Pricing Schedule are provided in Appendix D of this RFR.

(b) The vendor shall propose a lump-sum amount for the services described in the Scope of Services. This amount shall include all direct, indirect, administrative, and overhead costs associated with completing the CAFL Workload Study. The proposed amount shall cover all project activities and deliverables identified in Appendix A.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.3 – Proposal Evaluation

Section 7.3.1 – Introduction This section provides a description of the evaluation process and evaluation criteria that will be used to evaluate the proposals. To be deemed responsive, it is important that a vendor’s proposal provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFR. Failure of a vendor to submit the information requested may result in the elimination of the proposal from further evaluation.

Section 7.3.2 – Evaluation Committee The Evaluation Committee is comprised of various Committee for Public Counsel Services (CPCS) staff members or appointees, which may include external parties, will be established to review all qualifying vendor proposals. The Evaluation Committee will be involved in each phase of evaluation as detailed in this RFR and will present their findings to the RFR Managers. The Evaluation Committee will be restricted from contact with any vendor outside of the parameters defined in the No Contact Policy (Appendix B), from the release date of the RFR to the end of the RFR process.

Section 7.3.3 – Overall Proposal Review

(a) The Evaluation Committee will favorably weigh vendor proposals that address requirements and tasks succinctly and completely in a direct, coherent, and clear fashion. This should include explanations of the time, resources, and tasks necessary to complete any modifications or design requirements that are not included in the vendor’s solutions.

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

CPCS.

Section 7.3.4 – Rejection of Proposals The Evaluation Committee may, at any time in the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Committee, either the vendor or the vendor’s proposal failed to adhere to the provisions of the RFR or if the vendor engages in illegal or unethical conduct or in some other way improperly attempts to influence the evaluation process.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 7.3.5 – Evaluation Process

(a) The proposal evaluation process has been developed to ensure an impartial evaluation of all responses to this RFR and encompasses the following phases:

i. Receipt of Final Proposals by Deadline

ii. Mandatory RFR Documentation Compliance Review

iii. Evaluation of Technical Proposal

iv. Evaluation of Vendor Experience

v. Business Reference Checks

vi. Vendor Presentations (at CPCS’s discretion)

vii. Pricing Proposal Review (including Best and Final Offers - if applicable)

(b) The results of each phase of review will be documented and filed with the RFR Managers.

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

Section 7.3.6 – Vendor Presentations (At CPCS’s Discretion)

(a) The Evaluation Committee, in its own discretion, has the right to schedule presentations with as many vendors as it deems appropriate. The vendors will be selected from those with up to the three (3) highest cumulative scores after the evaluation of the Technical Proposal, Vendor Experience and Client Reference Checks Review phases have been completed.

(b) The content, extent and manner of vendor presentations will be established by CPCS. Vendors selected to participate in the Vendor Presentation phase will be provided with information on the substance and format of the presentations as soon as possible in the process.

Section 7.3.7 – Clarification of Proposal Information At any time during this solicitation, the Evaluation Committee, at its discretion, may choose to initiate a clarification process with a vendor to refine certain aspects of its proposal. The format of this process will remain at the discretion of the Committee based upon their findings regarding the completeness of the vendor proposals.

Section 7.3.8 – Review of Pricing Proposals

(a) Pricing Proposals will not be evaluated until after the Technical Proposal evaluations are completed.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

(b) In its review of the Pricing Proposals, the Evaluation Committee may take note of potential differences in the value of the various aspects of a vendor’s proposal or vendor’s experience level that rise above other proposals. The Committee will also take into consideration the vendor’s ability to provide the requested products and services for the price quoted in its proposal (for proposals deemed to be significantly underbid solely to obtain the contract without consideration for the vendor’s true ability to deliver the products or services).

(c) While the lowest bidder may not be automatically selected, the proposal that achieves the goals and objectives of CPCS for this solicitation and provides the best value will receive higher consideration among qualifying vendors.

(d) CPCS reserves the right to request clarifications from any or all the responding vendors after the initial pricing proposal review. These clarifications will occur via email, and if necessary, via conference call/tele-conference.

Section 7.3.9 – Clarification of Pricing Proposal During the Pricing Proposal phase of the evaluation, the Evaluation Committee may choose to initiate a clarification process to refine certain aspects of the Pricing Proposals. The Committee may request written clarification of prices, a further explanation of the contents of the vendor Pricing Proposal, or a request for clarification on any aspect of the Pricing Proposal.

Section 7.3.10 – Best and Final Offers (BAFO) Option As part of the Pricing Proposal evaluation process, CPCS, at its sole discretion, may elect to enter a Best and Final Offers (BAFO) process with vendors. If the BAFO process is used, the pricing considerations and overall value of the Pricing Proposals under review may be re-evaluated based on the results received from the Best and Final Offer(s).

Section 7.3.11 – Vendor Selection and Contract Negotiations

(a) The Evaluation Committee will select the vendor that is best able to provide the goods and services requested by this RFR and which also provides the best economic value to CPCS.

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

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Section 7.3.12 – Estimated Evaluation Weighting.

The evaluation weighting for the various components below have been assigned according to their importance to CPCS.

EVALUATION COMPONENT EVALUATION CRITERIA RELATIVE

WEIGHT

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

40%

References and Vendor Experience

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

40%

Vendor Presentation*

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

20%

TOTAL TECHNICAL PROPOSAL 100%

If Vendor Presentations are not conducted, the points otherwise allotted for Vendor Presentations will not be calculated and final scoring and ranking will be based on Technical Proposal and References and Vendor Experience

TOTAL PRICING PROPOSAL TO BE EVALUATED

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

Section 8.0 – Contract Obligations

Section 8.1 – Contract Documents

(a) The contract awarded under this RFR will consist of the following documents**, which are placed in order of precedence:

i. Commonwealth Terms and Conditions;

ii. Standard Contract Form;

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

iii. RFR (including Attachments, Exhibits, Clarifications);

iv. Other Documents necessary to complete the contract (Additional Terms and Conditions, Project Plan, etc.); and

v. Vendor’s Technical and Pricing Proposals.

**The final contract may consist of documents not yet identified or listed in this section. CPCS reserves the right to include any such document that is necessary to finalize the contract resulting from this RFR.

Section 8.2 – Amendment to the Contract

Any contract arising from this RFR may be amended to add additional services that CPCS believes are necessary and consistent with the goals and objectives of the CAFL and MHLD Workload Studies.

Section 8.3 – Prime Contractor Responsibility

CPCS requires a single point of responsibility for any contract resulting from this RFR.

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

Section 9.0 – Miscellaneous Provisions

Section 9.1 – Availability of Funding

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

CPCS.

Section 9.2 – Appropriation of Payments

Appropriations for expenditures by eligible entities of the Commonwealth (such as CPCS), and authorizations to spend for a particular purpose, are made on a fiscal year basis. The fiscal year of the Commonwealth is a twelve (12) month period that begins on July 1st and ends on June 30th the following calendar year. The obligations of CPCS under any contract executed with a vendor selected through this RFR shall be subject to the appropriation of funds sufficient to discharge CPCS’s obligations that accrue in that fiscal year, and authorization to spend such funds for the purposes of the contract. For fiscal years following the fiscal year in which the contract is executed, the Commonwealth will not be obligated to appropriate funds for payment of the contract.

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Section 9.3 – Accuracy of RFR and Related Documents

(a) CPCS will not be bound by or be responsible for any explanation, interpretation or conclusions concerning this RFR except those explanations, interpretations or conclusions provided by CPCS itself through the issuance of an addendum, clarification or other document published during the RFR process.

(b) Should a vendor find discrepancies or omissions in this RFR, or any other documents provided by CPCS, the vendor should immediately notify CPCS of such potential discrepancy. Any communication relating to any discrepancies in this RFR identified by a vendor must only address the discrepancy identified and must not contain any unrelated questions, comments, or other information.

Section 9.4 – Addenda and Modifications to RFR

(a) It is the responsibility of each vendor to verify that it is in possession of the latest addenda or modifications to a solicitation for which it intends to bid. The Committee for Public Counsel Services accepts no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document.

(b) Vendors may not alter the RFR or its components. Modifications to the body of the RFR specifications, terms and conditions, or any other documents that would change the intent of the RFR, are strictly prohibited. Any modifications, other than where the vendor is prompted for a modification or alternative, may result in disqualification of the proposal.

Section 9.5 – Costs of Vendor Proposals to RFR

Vendors shall bear all costs associated with their proposal, including preparation, photocopying, postage, delivery costs and any travel expenses that may be incurred during the solicitation process. No costs or expenses incurred by vendors in responding to this RFR, or by participating in the RFR process, will be borne by CPCS.

Section 9.6 – Firm and Irreversible Proposal Terms

The signed vendor proposal shall be considered a firm offer on the part of the Vendor. All proposals (including all statements, claims, declarations, and specifications in the vendor’s proposal) shall be considered firm and irrevocable for purposes of future contract negotiations unless specifically waived in writing by CPCS. The selected vendor’s signed proposal to this RFR, and any relevant correspondence and other documents submitted with the response, shall be incorporated into any resulting contract.

Section 9.7 – Number of Proposals

Vendors may submit more than one response to this RFR. Each proposal will be evaluated as a separate submission and will be considered as a separate complete vendor proposal. Alternative submissions must be submitted as complete proposals and will not be considered as a single vendor bid. Each submission should be properly labeled with a unique submission number as to not confuse the submissions (i.e. 01, 02).

A summary comparison of each proposal is appreciated if the potential vendor chooses to submit multiple proposals.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Section 9.8 – Ownership, Use and Availability of Submitted Proposals

(a) All materials submitted by vendors in response to this RFR become the property of CPCS.

(b) CPCS considers the responses to this RFR to be internal, working documents, which will become the property of CPCS, and it will not agree to any statements or endorsements in proposals or related documents submitted in response to this RFR that conflict with CPCS practices related to such documents and material.

(c) CPCS shall be under no obligation to return any proposal or materials submitted by a vendor in response to this RFR.

Section 9.9 – Amendment and/or Cancellation of Procurement

(a) CPCS reserves the right to amend or cancel this RFR at any time, if it believes that doing so is in the best interests of CPCS. CPCS may cancel this RFR at any time prior to the execution and approval of a contract, in which event all responses received in response to this RFR will be rejected.

(b) All staff members and subcontractors assigned to work on the resulting contract with CPCS may be required to successfully complete a criminal background check (criminal offender record information

- CORI), records check and to sign a Confidentiality Statement prior to beginning work on the project. This requirement may be required of all staff and subcontractors assigned to the project regardless of their work location.

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Section 10.0 – Appendices

APPENDICES: Incorporated into this RFR are the following appendices:

Appendix A: SCOPE OF SERVICES

Appendix B: MANDATORY RFR DOCUMENTS;

Appendix C: GENERAL EVALUATION CRITERIA;

Appendix D: PRICING SCHEDULE;

Appendix E: SAMPLE MANDATORY CONTRACT FORMS;

Appendix F: INSTRUCTIONS ON SUBMITTING A BID TO COMMBUYS

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

APPENDIX A

COMMITTEE FOR PUBLIC COUNSEL SERVICES

CAFL ATTORNEY AND MHLD WORKLOAD STUDIES RFR

SCOPE OF SERVICES

In conducting this study, CPCS expects the selected vendor to:

Review existing CAFL attorney caseload standards, policies, practice expectations, and available workload information to establish an understanding of current practices and capacity.

Review existing MHLD attorney caseload standards, policies, practice expectations, and available workload information to establish an understanding of current practices and capacity.

Assess the demands of representing parents and children across CAFL case types, including differences in case complexity, duration, stages of representation, and attorney responsibilities.

Assess the demands of representing individuals across MHLD case types, including differences in case complexity, duration, stages of representation, and attorney responsibilities.

Develop and implement an appropriate, evidence-based methodology for evaluating attorney workloads, drawing upon relevant research, comparable jurisdictional studies, and informed professional judgment for each division, CAFL and MHLD.

Identify and evaluate available data sources, including case management information, case assignments, billing records, and other administrative data, while accounting for potential gaps, inconsistencies, or limitations.

Incorporate input from experienced CAFL and MHLD practitioners through surveys, interviews, expert panels, or other appropriate methods to better understand the time and resources necessary for effective representation.

Consider differences between staff and private attorney practice, as well as geographic variations, available support resources, and other factors that may influence attorney workloads in each division.

CPCS Children and Family Law Division and Mental Health Litigation Division Attorney Workload Studies

Evaluate the time reasonably necessary to fulfill professional and ethical responsibilities, including client communication, case preparation, court appearances, collaboration with multidisciplinary professionals, and other essential advocacy activities for each division.

Assess current workload expectations against the…