The Commonwealth of Massachusetts

Health Policy Commission

50 Milk Street, 8th Floor, Boston, MA 02109

Request for Responses (RFR)

Expertise in Laws and Policies Related to Pharmaceuticals

COMMBUYS Bid Number:

Document Number: HPC-2026-003-PharmPolicy Date: July 1, 2026

TABLE OF CONTENTS

31.

Introduction, Scope of Services, and General Requirements

31.1 Overview

31.2 Background of the Health Policy Commission

31.3 Purpose of the Procurement

31.4 Scope of Services

41.5 General Procurement Requirements

41.5.1 Eligible Entities

51.5.2 Number of Awards

51.5.3 Acquisition Method(s)

51.5.4 Performance and Payment Time Frames Which Continue Beyond Duration of Contract.

51.5.5 Contract Duration

51.5.6 Estimated Value of the Contract

61.5.7 Estimated Procurement Calendar

61.6 Written Questions

61.7 RFR Amendments

72.

Response requirements

72.1 Required Forms

72.2 Description of Approach and Relevant Experience (no more than 2 pages, excluding citations and sample materials)

82.3 Staffing Plan and Cost Proposal

82.4 Resumes and Disclosure of Potential Conflicts

83.

Instructions for submission of response

83.1 How to Submit a Bid Response

83.2 Public Record

94.

Evaluation of responses

94.1 Mandatory Requirements

94.2 Minimum Qualifications

94.3 General Qualifications

94.4 Selection Criteria

105.

Audit

106.

Appendix 1 – Required Terms for all RFRs

106.1 RFR - Required Specifications

156.2 General Procurement Information

156.2.1 Access to security-sensitive information

166.2.2 Alterations

166.2.3 Ownership of Submitted Responses

166.2.4 No Collusion

166.3 Terms and Requirements Pertaining to Awarded Contracts

166.3.1 Contractor’s Contact Information

166.3.2 Contractual Status of Orders and Service Contracts

176.3.3 Publicity

176.3.4 Continued qualification based on performance

176.3.5 Security and Confidentiality

186.3.6 Commonwealth Tax Exemption

197.

APPENDIX 2 - Instructions for Execution and Submission of Commonwealth Standard Forms

218.

APPENDIX 3 – GLOSSARY OF TERMS

1. Introduction, Scope of Services, and General Requirements

1.1 Overview

The Massachusetts Health Policy Commission (HPC) is soliciting responses from Bidders qualified to provide expertise regarding the regulation of the manufacture, supply, and delivery of pharmaceuticals in support of the HPC’s responsibilities under M.G.L. c. 6D. The goal of this RFR is to provide the HPC with the services of best value to support the services outlined in this procurement.

1.2 Background of the Health Policy Commission

The Health Policy Commission was established in 2012 through the Commonwealth’s landmark health care cost containment law, Chapter 224: “An Act Improving the Quality of Health Care and Reducing Costs through Increased Transparency, Efficiency and Innovation.” The HPC is an independent state agency responsible for monitoring and moderating health care cost growth, improving access to quality, accountable health care, and reforming the way health care is delivered and paid for in Massachusetts.

Chapter 342, An Act Relative to Pharmaceutical Access, Costs and Transparency Acts of 2024 established a new Office of Pharmaceutical Policy and Analysis (OPPA) within the Health Policy Commission. OPPA’s key responsibilities and authorities include:

· Analyzing pharmaceutical spending data and information.

· Developing reports on trends related to drug access, affordability, and spending on pharmaceutical drugs in the Commonwealth, and providing policy recommendations.

· Conducting an annual survey of payers on pharmaceutical access and plan design, including tiering, cost sharing, and other utilization management techniques.

OPPA also administers the HPC’s Drug Pricing Review Program, through which the HPC was granted the authority to support MassHealth, the Commonwealth’s Medicaid program, in its price negotiations with drug manufacturers.

For more information about the HPC, please visit our website: http://mass.gov/hpc.

1.3 Purpose of the Procurement

The HPC seeks one or more contractors with expertise in the regulation of the manufacture, supply, and delivery of pharmaceuticals to support the HPC’s work in these areas.

1.4 Scope of Services

The contractor’s primary responsibilities may include, as needed:

· Providing subject matter expertise to the HPC on policies related to drug manufacturers, pharmacy benefit managers, third-party administrators, payers, drug wholesalers, pharmacies, and/or other pharmaceutical supply chain entities;

· Conducting research and analysis and drafting memos; and

· Providing other related services, as may be requested by the HPC.

A successful response may address the Bidder’s qualifications for only a subset of these responsibilities.

Consultants should prepare their responses for an initial contract period that will run until the end of the HPC’s fiscal year on June 30, 2027. As outlined in Section 1.5.5, depending on the HPC’s needs, this contract may be renewed annually, or in any increment, for up to 6 years as mutually desirable upon completion of the initial contract.

1.5 General Procurement Requirements

The HPC is issuing this RFR pursuant to M.G.L. c. 6D and 801 CMR 21.00, and words used in this RFR shall have the meanings defined in 801 CMR 21.00. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English and all cost proposals or figures must be in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR and in accordance with the specifications set forth in sections 3 and 7.

The HPC makes no guarantee that a contract, or any obligation to purchase any commodities or services, will result from this RFR.

The HPC reserves the right to amend this RFR at any time prior to the date the responses are due. Any such amendment will be posted on COMMBUYS. Bidders should check this site regularly, as this will be the sole method for notification of changes.

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.

1.5.1 Eligible Entities

This RFR is open for use under separate contract execution by other Departments.

1.5.2 Number of Awards

The HPC anticipates engaging one or more contractors as a result of this RFR. Based on the level of need the HPC reserves the right to re-open this RFR at any time if the HPC determines there is a need to expand the number of qualified contractors. The HPC also reserves the right to increase or limit the number of awards made for this RFR at any time.

1.5.3 Acquisition Method(s)

Contracts resulting from this RFR will be hourly rate contracts, up to a maximum annual obligation amount as further described in section 1.5.6 below. The hourly price charged should be inclusive of the individual’s work, materials, and expenses, including copying and printing; all travel considerations; communication costs; overhead costs; overtime including weekend and holidays; and any other ancillary charges. The rate submitted with the initial proposal will be valid through June 30, 2027. If the HPC opts to renew a contract, a contractor may submit new rates at that time for consideration by the HPC. There is no guarantee expressed or implied as to the number of hours that will be available for each consultant.

1.5.4 Performance and Payment Time Frames Which Continue Beyond Duration of Contract.

All terms for services entered into during the duration of the contract and whose performance and payment time frames extend beyond the duration of the contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new services may be executed after the contract has expired.

1.5.5 Contract Duration

The initial term of the Contract is until June 30, 2027, with options to renew annually, or in any increment, for up to six years. This option may be exercised by the HPC at any time.

1.5.6 Estimated Value of the Contract

The HPC anticipates that any contract(s) resulting from this RFR will be hourly rate, up to a total maximum obligation amount that will not exceed $40,000 (in the aggregate) for the initial contract term and then up to $40,000 for each subsequent renewal. The HPC makes no guarantee that any services will be purchased from any Bidder as a result of this RFR. Any estimates referenced in this Bid are included only for the convenience of Bidders.

1.5.7 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.

1.6 Written Questions

All Bidders’ questions regarding this RFR must be submitted in writing to hpc-procurement@mass.gov. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The HPC reserves the right to edit or delete any submitted questions that raise any issues that are not in the best interest of this Bid.

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 HPC, including requests for clarification. The HPC 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.

1.7 RFR Amendments

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

2. Response requirements

Please note that additional requirements are set forth in Section 6 and 7, Appendices 1-2, of this RFR. Bidders must include the following as part of their response:

2.1 Required Forms

Bidders must submit as part of their response the following required forms/documents. Please refer to Section 8, Appendix 2, for more specific instructions regarding the submission of these forms/documents:

a.) A Letter of Interest, referencing the RFR title and number, signed by an individual who is (1) authorized to bind the firm contractually to the requirements of this RFR and any contract resulting from this RFR; and (2) authorized to make, on behalf of the Bidder, the certifications and disclosures requested in this RFR. The letter also shall include a certification that (1) the Bidder has read the RFR and agrees to comply with its terms and (2) all information contained in the response to this RFR is accurate and complete.

b.) Standard Contract Form and Instructions c.) Request for Taxpayer Identification Number and Certification (W-9 Form) d.) Contractor Authorized Signatory Listing e.) Prompt Payment Discount Form f.) Additional Environmentally Preferable Products / Practices g.) Business Reference Form h.) A detailed copy of your firm’s policy relative to the prohibition of discriminatory employment practices, affirmative action/equal opportunity, and the use of M/WBE’s.

2.2 Description of Approach and Relevant Experience (no more than 2 pages, excluding citations and sample materials)

Please describe how the Bidder would collaborate with the HPC to perform the services described in Section 1.4. above.

Please provide a description of the Bidder’s relevant expertise and experience relating to the services listed in Section 1.4 above, including a brief description of any projects that demonstrate the relevant expertise.

Please provide 2 sample memos, reports, publications, or other deliverables related to pharmaceutical policy or regulation. Note that these materials may be subject to disclosure under the Massachusetts public records law so please redact any confidential information.

2.3 Staffing Plan and Cost Proposal

Please provide a list of staff and their proposed hourly rate that is inclusive of an individual’s work; materials; overhead costs; and any other ancillary charges.

2.4 Resumes and Disclosure of Potential Conflicts

Please provide a resume/statement of qualifications for all key personnel who will be working with the HPC on this project.

Key personnel as specified in any contract awarded pursuant to this RFR are special state employees subject to the Commonwealth’s Conflict-of-Interest law, M.G.L. c. 268A, including mandatory training and education requirements. Please provide a brief description of the nature of current or past clients or engagements that may pose a potential conflict of interest, or any such engagements that may result in the appearance of a potential conflict of interest.

3. Instructions for submission of response

3.1 How to Submit a Bid Response

All Bidders must submit their Bid response, including all required forms, electronically using COMMBUYS. Please see the attached instructions for how to submit an electronic response. The instructions also can be accessed here: http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html Responses are due by no later than 5:00 pm on July 17, 2026. Responses submitted after this deadline will not be considered.

Please take note of the assigned Bid response Opening Date/Time and be mindful that the HPC may only consider bid responses that have been submitted in COMMBUYS by the specified Bid Opening Date/Time.

The COMMBUYS system date and time is displayed in the top right corner of the COMMBUYS dashboard. Once the system time passes the bid response Opening Date/Time, the ability to submit a response is disabled. Even if a Bidder is in the process of entering a submission, their ability to submit ends after the bid response Opening Date/Time has elapsed. As such, please allow sufficient time to submit your quote submission.

3.2 Public Record

Any and all data, materials, and documentation submitted to the HPC in response to this RFR shall become the HPC’s property and shall be subject to public disclosure under the Massachusetts Public Records Law, M.G.L. c. 66 § 10 and c. 4, § 7, cls. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded. BY SUBMITTING A RESPONSE TO THIS RFR, BIDDER AGREES THAT THE HPC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE DISCLOSURE OF ANY MATERIALS SUBMITTED TO THE HPC IN RESPONSE TO THIS RFR OR UPON BIDDER’S SELECTION AS A QUALIFIED CONTRACTOR, CONSISTENT WITH APPLICABLE LAW.

4. Evaluation of responses

4.1 Mandatory Requirements

Bidders must meet the mandatory requirements set forth in this RFR, including, without limitation, those requirements set forth in sections 3, 4, and 7. The HPC will not evaluate any responses that do not meet the mandatory requirements, and failure to meet the mandatory requirements may result in disqualification. The HPC reserves the right, in its sole discretion, to determine if non-compliance with a mandatory requirement is immaterial or can be easily corrected. Solicitation sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” 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.

Please also note that any Bidder selected as a result of this RFR will be required to sign a statement of work and confidentiality and nondisclosure agreement, and the key personnel assigned to the project may be required to complete a background check to the satisfaction of the HPC.

4.2 Minimum Qualifications

Bidders must meet the following minimum qualification to be eligible for a contract with the HPC:

1. Demonstrated expertise and experience in the regulation of the manufacture, supply, and delivery of pharmaceuticals.

2. Relevant education and professional credentials for key personnel.

3. Demonstrated experience developing high-quality memos, reports, publications, or other deliverables regarding policies related to pharmaceuticals.

4.3 General Qualifications

Other qualifications include:

1. Ability to maintain a high level of performance, including project management skills, adhering to a work plan and schedule of deliverables.

2. Ability to work cooperatively as a member of a team.

3.

Maintaining the highest standards of professionalism and integrity, including to insulate work from any conflicts or appearance of conflicts as it relates to contracts, staffing or funding from providers, payers, pharmaceutical manufacturers or other health care market participants.

4.4 Selection Criteria

The HPC will evaluate each response that meets the mandatory requirements and minimum qualifications using the following criteria:

After scoring each of the criteria, the HPC may decide, in its sole discretion, to interview some or all the Bidders. Following the interviews, if any, the HPC will assign a final rating for each criterion and an overall score to the response.

A Bid response that fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Bids proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated Bid specifications. The Bid should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications. The HPC will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of services to achieve the goals of the procurement.

Final selection of Bidders will be made based upon HPC’s final score for each Bidder, subject to the HPC’s needs to ensure availability of services, and the amount of money available to fund services.

5. Audit

During the term of the Contract and for a period of six years thereafter, the HPC, its auditors, the Operational Services Center, 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, in order to audit all records relating to goods sold or services performed pursuant to a Contract with HPC. If such an audit indicates that Contractor has materially overcharged the Agency, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6. Appendix 1 – Required Terms for all RFRs

6.1 RFR - Required Specifications

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this RFR and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related RFR Questions and Answers (Q&A), are all components of the RFR, as referenced in COMMBUYS, and are incorporated into the RFR and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this RFR via COMMBUYS. RFR Q&A supports Bidder submission of written questions associated with an RFR and publication of official answers. It is the responsibility of the prospective Bidder and awarded Contractor(s) 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.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this RFR, and

· Any RFR Q&A records related to this RFR.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date RFR or on information received from a source other than COMMBUYS.

The Agencies and the Commonwealth accept no responsibility and will provide no accommodation 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(s) and the Purchasing Department to be lost or rejected by any means, including email or spam filtering.

COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to an RFR, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which Bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, HPC will give special consideration to any SBPP participants.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.

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

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT and a selected Bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected Bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any commissioner or employee of the Health Policy Commission or any member of the PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

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

Contract Expansion. The HPC reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with Bidders qualified but not funded in the initial selection process, subject to available funding and service or commodity need.

Costs. Costs that are not specifically identified in the Bidder’s response, and accepted by HPC as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth or the HPC will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective Bidder and awarded contractor 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 PMT, including requests for clarification. The PMT and the HPC 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 PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All Bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful Bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the Bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

Minimum Bid Duration. Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The HPC reserves the right to request from the successful Bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the HPC contract manager.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, and to c. 4, § 7, cls. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the HPC is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Successful candidates will be required to sign the Commonwealth’s Standard Contract Form and Terms and Conditions and will be eligible to provide service for the life of the solicitation unless circumstances change that may appear to cause a conflict of interest for the HPC. Contractors awarded a contract in response to this RFR may be required to undergo a CORI check. Each contractor will be required to inform the procurement team leader or their designee of any current or new affiliations or business relationships which may appear to cause a conflict of interest. The procurement team leader or their designee will determine if this new affiliation/business relationship will pose a conflict of interest for the HPC and may immediately end the contract, if necessary. Contractors suspended from doing business under this solicitation due to conflicts of interest may be reinstated if said conflict is resolved. Contractors must abide by all HPC confidentiality policies.

6.2 General Procurement Information

6.2.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a bid Response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

· Restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal.

· Safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

· Return such records and materials to the HPC upon completion of the project.

6.2.2 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 response.

6.2.3 Ownership of Submitted Responses

The PMT shall be under no obligation to return any Responses or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the HPC and will not be returned to the Bidder. The HPC and the Commonwealth reserve the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Response, whether or not the Response is selected for Contract award.

Responses stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a back-up.

6.2.4 No Collusion

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

6.3 Terms and Requirements Pertaining to Awarded Contracts

6.3.1 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 HPC Contract Manager by email immediately, using the HPC-procurement@mass.gov address.

The HPC and Commonwealth assume 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 e-mail communications between the Bidder and the PMT to be lost or rejected by any means including email or spam filtering.

6.3.2 Contractual Status of Orders and Service Contracts

Service contracts placed under the Contract established as a result of this RFR by eligible entities shall be considered separate Contracts between the eligible entity and the Contractor, and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this RFR and any amendments, or the Bidder Response, may be included in a service contract if mutually agreed upon by the contractor and eligible entity.

6.3.3 Publicity

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

6.3.4 Continued qualification based on performance

Contractors shall: (a) Respond to inquiries from HPC staff in the requested time frame; (b) Be available to review policies, procedures, and records within requested deadlines; (c) Prepare required reports in a clear and concise manner and submit the work within the requested time frames; (d) Possess the ability to work cooperatively as a member of a team; and (e) Maintain a satisfactory quality and productivity level of performance.

6.3.5 Security and Confidentiality

Contractors shall comply fully with all security procedures of the Commonwealth and the Health Policy Commission in performance of the Contract. Contractor shall not divulge to third parties any 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 HPC.

Contractor(s) shall comply with the Enterprise Information Security Policies and Standards published by the Executive Office for Technology, Services and Security (EOTSS) as specified in the Standard Contract Form, M.G.L. c. 66A, M.G.L. c. 93H, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any other applicable laws, regulations, policies and procedures pertaining to the privacy or security of confidential information including personal data or personal information, security procedures, business operations information, proprietary information or other information treated as confidential used, accessed, received, created, maintained, disclosed, transmitted or otherwise obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing under the Contract, and the Contractor(s) shall be required to enter into any contract or agreement deemed necessary or appropriate by the HPC to comply with such obligations.

To the extent that the Contractor(s) is performing activities under the Contract(s) for or on behalf of HPC or any other department or third party that meets the definition of a Covered Entity under HIPAA, the Contractor(s) shall be required to comply with all provisions of the Privacy and Security Rules applicable to a Business Associate, and the Contract(s) or agreement shall include all necessary terms and conditions applicable to a business associate agreement under such rules. The Contractor(s) shall also be required to comply with any additional terms, conditions and obligations relating to the privacy or security of confidential information set forth in this RFR, the Commonwealth Standard Contract Form, the Commonwealth Standard Terms and Conditions, and any applicable confidentiality agreement referred to herein or attached hereto.

Without limiting the generality of the foregoing, any Contractor(s) providing services to, or performing functions or activities for or on behalf of the HPC, shall be required to enter into an HPC Confidentiality and Non-Disclosure Agreement in substantially the form attached and any other additional contracts or agreements that HPC determines, in its sole discretion, are necessary or appropriate for HPC to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules), 42 CFR Part 431, Subpart F, 42 CFR Part 2, 45 CFR §155.260, M.G.L. c. 66A, M.G.L. c. 93H, 801 CMR 3.00, and any other any other applicable law or regulation pertaining to the use, disclosure, maintenance, privacy or security of confidential information. Additionally, to the extent that such Contractor(s) must use, maintain, disclose, receive, create, transmit or otherwise obtain or access protected health information or other confidential information belonging to HPC or any other department or third party in providing such services or performing such functions or activities, the Contractor(s) shall be required to enter into any other contract or agreement that HPC or the third party determines, in its sole discretion, is necessary or appropriate for its compliance with applicable laws and regulations pertaining to the privacy and security of such party’s information.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department.

Further, the HPC reserves the right to add any requirement during the course of the Contract that it determines, in its sole discretion, it must include in the Contract in order to comply with the Privacy and Security Rules or any other applicable privacy or security law or regulation. Please see other sections of the RFR for any further HIPAA details, if applicable.

6.3.6 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

7. APPENDIX 2 - Instructions for Execution and Submission of Commonwealth Standard Forms

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. It is advisable to print this document first so that it may be referenced when filling out these forms.

Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following three (3) forms on paper with original ink signatures unless otherwise specified below: the Commonwealth Standard Contract Form, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Contractor Authorized Signatory Listing.

7.1 Commonwealth Standard Contract Form

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date. By executing this document or signing it electronically, 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 the SST. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Operational Services Division 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 what their Vendor Code is, 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. Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Contractor on the Contractor Authorized Signatory Listing (See below).

7.2 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If a Bidder has already 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 in place of an original.