Immigration_Legal_Services_Helpdesk_RFR.pdf

COMMONWEALTH OF MASSACHUSETTS

OFFICE FOR REFUGEES AND IMMIGRANTS

ONE ASHBURTON PLACE, 5th FLOOR

BOSTON, MA 02108

REQUEST FOR RESPONSES

FOR

IMMIGRATION LEGAL SERVICES: LEGAL

HELPDESK

DOCUMENT NUMBER:

BID NUMBER: FY27-ORI-02

ISSUED: July 30, 2026

This RFR and all responses hereto including the successful Bid shall become public records as of the date the contract referenced herein is executed and can be obtained from the Office for Refugees and

Immigrants by submitting a public records request to: ORI.RAO@mass.gov

Please Note: This is a single document associated with a complete Bid (also referred to as

Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the

COMMBUYS Help Desk at OSDHelpDesk@mass.gov or at 1-888-MA-STATE. The

Help Desk is staffed from 8:00 AM to 5:00 PM, Monday through Friday, Eastern

Standard or Daylight time, as applicable, except on federal and state holidays.

mailto:ORI.RAO@mass.gov http://www.commbuys.com/ mailto:COMMBUYS@mass.gov

Office for Refugees and Immigrants

RFR for Immigration Legal Services: Legal Helpdesk

TABLE OF CONTENTS

SECTION 1. RFR INTRODUCTION AND GENERAL DESCRIPTION

SECTION 1.1 INTRODUCTION

SECTION 1.2 PROCUREMENT OVERVIEW

SECTION 1.3 REQUIRED ACTIVITIES

SECTION 2. PROCUREMENT DETAILS

SECTION 2.1 PROCUREMENT DETAILS

SECTION 3. BIDDER REQUIREMENTS

SECTION 3.1 BIDDER REQUIRED AND PREFERRED QUALIFICATIONS

SECTION 4. MODEL SUPPLEMENT TO THE STANDARD CONTRACT FORM

SECTION 5. PROCUREMENT TIMETABLE

SECTION 5.1 BIDDERS’ CONFERENCE

SECTION 5.2 ONLINE QUESTIONS (BID Q&A)

SECTION 5.3 BID RESPONSES DEADLINE (BID OPENING DATE/TIME)

SECTION 5.4 ESTIMATED CONTRACT START DATE

SECTION 6. RESPONSE REQUIREMENTS AND EVALUATION

SECTION 6.1 SUBMISSION INSTRUCTIONS

SECTION 6.2 RESPONSE EVALUATIONS

SECTION 6.3 RESPONSE REVIEW PROCESS, EVALUATION CRITERIA, AND SELECTION

SECTION 7. ADDITIONAL REQUIREMENTS

SECTION 7.1 ISSUING OFFICE

SECTION 7.2 BIDDER COMMUNICATIONS

SECTION 7.3 AMENDMENT OR WITHDRAWAL OF RFR

SECTION 7.4 RFR ERRORS

SECTION 7.5 COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT FORM, STANDARD

CONTRACT FORM INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS AND TERMS AND CONDITIONS

SECTION 7.6 ACCEPTANCE OF RESPONSE CONTENT

SECTION 7.7 ALTERATIONS

SECTION 7.8 AUTHORIZATIONS AND APPROPRIATIONS

SECTION 7.9 INDEPENDENCE

SECTION 7.10 CONFLICT OF INTEREST

SECTION 7.11 DEBRIEFING

SECTION 7.12 OWNERSHIP OF SUBMITTED RESPONSES

SECTION 7.13 INCORPORATION OF RFR

SECTION 7.14 PROGRAM MODIFICATIONS AND NEW INITIATIVES

SECTION 8. REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES FOR

COMMONWEALTH RFRS

SECTION 8.1 COMMBUYS MARKET CENTER

SECTION 8.2 COMMBUYS REGISTRATION

SECTION 8.3 MULTIPLE QUOTES

SECTION 8.4 QUOTE CONTENT

SECTION 8.5 SUPPLIER DIVERSITY OFFICE (SDO) PROGRAMS

SECTION 8.6 SMALL BUSINESS PURCHASING PROGRAM (SBPP)

SECTION 8.7 SUPPLIER DIVERSITY PROGRAM (SDP)

SECTION 8.8 BEST VALUE SELECTION AND NEGOTIATION

SECTION 8.9 BIDDER COMMUNICATION

SECTION 8.10 CONTRACT EXPANSION

SECTION 8.11 COSTS

SECTION 8.12 ELECTRONIC FUNDS TRANSFER (EFT)

SECTION 8.13 EXECUTIVE ORDER 509, ESTABLISHING NUTRITION STANDARDS FOR FOOD PURCHASED

AND SERVED BY STATE AGENCIES

SECTION 8.14 HIPAA: BUSINESS ASSOCIATE CONTRACTUAL OBLIGATIONS

SECTION 8.15 MINIMUM QUOTE (BID RESPONSE) DURATION

SECTION 8.16 PROMPT PAYMENT DISCOUNTS (PPD)

SECTION 8.17 PUBLIC RECORDS

SECTION 8.18 REASONABLE ACCOMMODATION

SECTION 8.19 RESTRICTION ON THE USE OF THE COMMONWEALTH SEAL

SECTION 8.20 SUBCONTRACTING POLICIES

SECTION 8.21 ACCEPTABLE FORMS OF SIGNATURE

EXHIBIT 1

ATTACHMENTS:

Attachment A: Model Supplement to the Standard Contract

Attachment B: Response Form

SECTION 1. RFR INTRODUCTION AND GENERAL DESCRIPTION

Section 1.1 Introduction

The Commonwealth of Massachusetts Office for Refugees and Immigrants (ORI) is issuing this

Request for Responses (RFR) pursuant to 801 CMR 21.00: Procurement of Commodities and

Services, to procure one or more contractors to provide limited legal services and a legal Help

Desk for income-qualified immigrants in Massachusetts, as described herein.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR

21.00. Additional definitions also may be identified in this RFR. All responses must be submitted in accordance with the specific terms of this RFR.

Section 1.2 Procurement Overview

ORI is soliciting Bidders to deliver legal services to increase access to legal counsel for immigrants and refugees in the Commonwealth. In the first Contract year, limited legal services will be provided primarily through a legal Help Desk, staffed by multiple contractors, which will offer virtual appointments for immigration legal advice and limited legal services following the Help

Desk appointment. Limited legal services to be completed during follow-up appointments will include, without limit, assistance filing work authorization applications, changes of address, pro se asylum applications, and other similar applications.

To provide support to individuals impacted by recent TPS decisions, Bidders will also have the option to add onto their Response and resulting contract, full representation for former TPS holders for alternative pathways to work authorization, such as filing a potential asylum claim or similar legal relief. Bidders interested in including this optional component of the contract will include in their Response a target number of represented individuals within the Contract year.

Bidders will also have the option to subcontract to meet additional capacity requirements. ORI notes that its ability to include this additional component in contracts resulting from this Contract is contingent upon available funding.

Bidders must be a non-profit organization with experience providing immigration legal services for immigrants. Within this first year, or in subsequent years the form of legal assistance may be adjusted to meet changing needs in support of the objective of increasing access to legal counsel for immigrants and refugees in the Commonwealth. Additionally, ORI may offer awarded contractors the opportunity to add additional attorney hours or capacity, to meet program objectives, as funding may allow and subject to applicable approvals. Contracts will be paid on a cost reimbursement basis.

Section 1.3 Required Activities

A. Help Desk Services

The legal Help Desk is a virtual help desk, accessed via phone or online web platform (e.g. zoom, web-ex etc.) through which licensed immigration attorneys provide legal advice, and limited legal assistance. Individuals who meet basic eligibility criteria, who are seeking immigration legal advice schedule appointments with an attorney on the Help Desk, and have the option for additional follow-up to complete limited assistance for their case.

Bidders must provide the equivalent of at least one experienced immigration attorney committed

Full Time (1.0 FTE) or potentially part-time at 75% of a Full Time Employee (0.75 FTE), to be dedicated to providing staffing for the legal Help Desk. Contracts will additionally include funding for paralegal and/or administrative support staff, to ensure efficient provision of legal services.

The successful Bidder’s immigration attorney will staff the Help Desk at least one day per week.

For the remaining working days, the attorney will provide limited legal services for eligible immigrants following up from the Help Desk appointments or as otherwise required for the program. Bidders may propose more than one attorney to split the required Help Desk availability time. The Help Desk will in part, serve as a supplement to the legal representation provided through the Massachusetts Access to Counsel Initiative (MACI) program, providing immediate consultation and assistance to immigrants and addressing non-detention related immigration legal issues.

1. Requirements for the legal Help Desk services:

Selected Bidders must staff the legal Help Desk at least one day each week with experienced immigration counsel.

a. The assigned attorney will meet with individuals at virtual appointments scheduled during their Help Desk hours.

b. The assigned attorney will assess the individual’s legal inquiry and provide legal information and legal assistance that can be completed within the timeframe of the Help Desk appointments.

c. If the immigrant caller has a legal need that falls within the services types provided by the Help Desk program (see Exhibit 1), the attorney will provide help to the client to complete the legal service. The attorney shall schedule follow-up appointments with the client to complete the legal service.

d. Depending on available funding, the Help Desk will conduct in-depth screenings to refer participants to attorneys who will provide full representation.

As funding and need allows, ORI may offer Bidders the option to add additional capacity to the legal Help Desk, at initial Contract signing, or by amendment, in ORI’s discretion.

B. Full Representation to Support Alternatives to Work Authorization (Optional for

Response)

At the Bidder’s option, they may include in their response a proposal for additional immigration staffing to provide direct representation to eligible individuals impacted by the recent TPS decisions to pursue alternative pathways to work authorization. The alternative pathways to work authorization will include full representation to file asylum applications, file a motion to reopen removal orders, represent in removal proceedings and similar immigration work. Bidders that wish to include this optional service in their Bid proposal will incorporate the additional immigration legal capacity into their programmatic and cost Response, as specified in

Attachment B. ORI may give preference to Bidders that can provide this additional service.

C. Adjustment of Legal Services Requirements

The format of limited legal services under any resulting contracts under this engagement may be adjusted in ORI’s discretion to best meet the program objectives of providing access to legal services. This may include, without limit, special initiatives, clinics, and additional services needed to address changing needs and meet program objectives. At any point in the contract, ORI may add additional types of immigration-related legal services to this contract.

D. General Requirements:

1. All legal services provided must be offered at no charge to the clients.

2. Contractor must provide services to any immigrant in need of legal representation who meets eligibility requirements. Contractor may not impose additional requirements for eligibility for services.

3. Contractor must provide language translation/interpretation and accessibility services for non-English proficient clients and clients with communication-related disabilities.

Staff funded under this program must have language ability or access to confidential language access and/or effective communication accommodation services when assisting clients. Every client receiving assistance under this program must be served in the language of their choice, including sign language.

4. In the event a client under this program requires additional assistance with reasonable accommodations in compliance with the Americans with Disabilities Act (ADA), the

Contractor must provide such accommodations or technical assistance. In such an event

ORI will work with the Contractor to provide technical assistance.

E. Staffing Requirements

1. Any attorney providing legal services under this program must be a member in good standing of the bar of the highest court of any state in the country or U.S. territory.

2. Contractor must ensure any attorneys engaged under this program are covered by malpractice insurance, including any attorneys hired through a subcontractor.

3. Contractor will require its attorneys and staff to comply with all ethical and confidentiality rules governing the practice of law in Massachusetts.

4. Contractor will provide additional legal services and flexibility as necessary to meet changing needs of the community and support the objective of access to justice during the course of the Contract term.

SECTION 2. PROCUREMENT DETAILS

Section 2.1 Procurement Details

1. Applicable Procurement Law

Check X

Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and

Services

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

CMR 21.00

2. Acquisition Method

Check Applicable (“X”): Category

X Fee-For-Service

3. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor

X Multiple Contractors

a. Estimated Number of Awards

The estimated number of Contractors is four (4) to eight (8) Contractors, depending on available funding; ORI may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award

If, over the life of the contract, ORI determines that additional Contractors may be added, these may be drawn from qualified Bidders that responded to this Solicitation and were not awarded

Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

4. Entities Eligible to Use the Resulting Contract

Check One

(“X”):

Eligible Entities

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

Contract(s) resulting from this Bid will be open for use by the issuing

Purchasing Department and the following other entities: N/A

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

5. Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract

Duration Number of Options Number of Years/Months

Initial Duration One Year or portion thereof, through end date of June 30, 2027

Renewal Options Four (4) Four one-year renewals, or other time increments, in ORI’s discretion.

Total Maximum

Contract

Duration

Total Maximum Contract Duration:

Final end date: June 30, 2031

ORI’s option to renew shall be in its sole discretion and subject to available funding and applicable approvals. Additionally, ORI shall have the option to renew only one or less than all of any awarded contracts, in ORI’s discretion and based upon program performance, available funding, and other programmatic considerations, as applicable.

6. Anticipated Expenditures, Funding, or Compensation:

The total estimated per provider range for the initial contract period is $135,000 (for Help Desk only) - $205,000 (Help Desk and optional services), subject to agency approvals, available funding and subject to change. ORI makes no guarantee that any services will be purchased from any Contract(s) resulting from this RFR. Any estimates referenced in this RFR are included only for the convenience of Bidders and are not to be relied upon as any indication of future expenditures, funding, or compensation levels.

SECTION 3. BIDDER REQUIREMENTS

Section 3.1 Bidder Required and Preferred Qualifications

A. Required Qualifications

To be considered for a Contract award pursuant to this RFR, a Bidder, in addition to all other requirements specified herein, must:

1. Be legally incorporated as a 501(c)(3) nonprofit organization. (This requirement applies to the Bidders, and not to subcontractors);

2. Be of sound financial condition, and have completed all required corporate and business filings;

3. Have experience providing immigration legal services; and

4. Have the capability and willingness to perform all responsibilities set forth in the RFR.

B. Preferred Qualifications

ORI may give preference to Bidders who have the following qualifications, in addition to all other requirements specified herein:

1. Prior experience providing legal services to immigrants in a legal environment, particularly through virtual legal consultation.

2. Includes optional services for full representation to support alternative pathways to work authorization, as described above. (Section 1.3.B)

3. Ability to provide services in geographic regions to support statewide coverage.

SECTION 4. MODEL SUPPLEMENT TO THE STANDARD CONTRACT FORM

Attachment A contains provisions that shall be incorporated into any Contract to be executed between ORI and the selected Bidder(s) (such Contract shall also include the Commonwealth of

Massachusetts Terms and Conditions; Standard Contract Form Instructions and Contractor

Certifications; and the Standard Contract Form). Attachment A specifies required contract terms, funding, and payment. Specifics related to the selected Bidder’s responsibilities will be finalized after contract award and will reflect RFR requirements and incorporate Bidder’s response to the

RFR. ORI may modify Attachment A as it deems necessary prior to the execution of the Contract.

Changes to the Contract after its execution by the parties shall be made only by written amendment.

Attachment A is provided so that the Bidder may review the terms contained therein, which will be incorporated into any final Contract resulting from this RFR. Do not fill out Attachment A, it is provided for review purposes only.

SECTION 5. PROCUREMENT TIMETABLE

The anticipated timeline for this procurement, which is subject to change at the discretion of ORI, is set forth below. Notification of any adjustment to the RFR Timetable shall be posted on

COMMBUYS.

EVENT DATE

Bid Release Date July 30, 2026

Online Bidder’s Conference Monday, August 10, 2026, at

3:00 pm

Deadline for Submission of Questions through

COMMBUYS “Bid Q&A”

5 pm, August 21, 2026

Official Answers for Bid Q&A published

(Estimated)

August 28, 2026

Deadline for Quotes/Bid Responses (“Bid Opening

Date/Time” in COMMBUYS)

5 pm, September 9, 2026

Notification of Apparent Successful Bidder(s)

(Estimated)

September 21, 2026

Estimated Contract Start Date October 1, 2026

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.

Section 5.1 Bidders’ Conference

A virtual Bidders’ Conference will be conducted online by the SST for the purpose of providing general information about the Bid on Monday, August 10, 2026, at 3:00 p.m. Attendance is optional Please refer to the COMMBUYS website for updated access information, including the link for the video conference.

Section 5.2 Online Questions (Bid Q&A)

Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar

(above). The issuing department reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The

Purchasing Department and the Commonwealth assume no responsibility if a prospective

Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted

Online” date indicated in the Estimated Procurement Calendar (above).

Section 5.3 Bid Responses Deadline (Bid Opening Date/Time)

See the Bid Responses Deadline (Bid Opening) Date and Time indicated in the Estimated

Procurement Calendar (above).

Section 5.4 Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

SECTION 6. RESPONSE REQUIREMENTS AND EVALUATION

Section 6.1 Submission Instructions

1. All Responses to this RFR must be submitted in accordance with the submission instructions in this section.

2. All procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding

COMMBUYS should be directed to the OSD Help Desk at osdhelpdesk@mass.gov.

Instructions for creating a Quote can be found in the document title “Create a Quote in

COMMBUYS” in the list of File Attachments for this RFR. See Section 8 of this RFR for further information about COMMBUYS.

Bidders must submit electronic Quotes on COMMBUYS by the date and time specified in

Section 5. COMMBUYS will not accept submissions after the specified deadline. The Bidder shall comply with all COMMBUYS electronic submission requirements and file size limits.

Electronic media submissions, other than the required electronic files submitted via

COMMBUYS, such as videotapes, audiotapes, and diskettes will not be accepted. Facsimile and e-mailed responses will not be accepted.

3. Response Documents and Requirements

Bidders shall respond to this RFR with the documents specified below (collectively, the

Response) by the date and time specified in Section 5:

a. A completed Response Form (Attachment B), with all required attachments described in Attachment B mailto:osdhelpdesk@mass.gov

Each document and section submitted shall include only information specific to the topic of that document and section. Superfluous information may be disregarded.

ORI, in its discretion, may choose to not consider any material that is not presented in accordance with ORI’s instructions in evaluating the Bidder’s Response.

The Bidder shall adhere to character and page limits where specified. Responses shall utilize

Times New Roman, 12-point, single spaced font. Bidders are strongly encouraged to not include attachments that are extraneous, duplicative, or do not apply directly to the content requested. The SST will not consider attachments that are not required or narrative that exceeds text responses limits noted in the Response Form.

ORI assumes no responsibility for knowledge of any material that is not presented in accordance with ORI’s instructions and may not consider any such material in evaluating the

Bidders’ Response to the RFR.

IMPORTANT: Uploading Attachments to the Response

Bidders are required to limit the number of electronic files uploaded and submit files only as follows:

File 1: A completed Response Form (Attachment B), and all attachments as specified in

Attachment B combined as one file, except for the Cost Response, which should be submitted separately*; and

File 2 (two parts): Cost Response: A Budget and corresponding Budget Narrative

*To adhere to these requirements, Bidders may convert and/or merge documents together using a PDF converter software. Many recent versions of Microsoft Office include the ability to save documents to the PDF format without need of additional software. ORI recommends merging documents electronically rather than scanning multiple documents into one document manually, as scanned documents may have reduced clarity and readability.

Section 6.2 Response Evaluations

A Strategic Sourcing Team (hereinafter, the “SST”) appointed by ORI will evaluate all Responses of qualified Bidders that comply with the requirements of this Section 6.2.

ORI reserves the right to reject a Bidder’s proposal at any time during the evaluation process if the

Bidder:

1. Fails to demonstrate to ORI’s satisfaction that it meets all RFR requirements;

2. Fails to satisfy all Response Submission instructions described in Section 6.1, to submit a response organized in accordance with all instructions, or to submit a response that is complete in all respects;

3. Fails to submit all required information and to otherwise comply with all requirements of the Business Response described in Attachment B, to submit all required information and to otherwise comply with all requirements of the

Programmatic or Cost Response described in Attachment B;

4. Receives a rating of “Non-Responsive” or “Poor” in the evaluation of one or more sections of the Bidder’s Programmatic Response;

5. Has any interest that may, in ORI’s sole determination, conflict with performance of services for the Commonwealth or is anti-competitive;

6. Fails to demonstrate to ORI’s satisfaction that it and all material subcontractors are in sound financial condition;

7. Fails to make an oral presentation/demonstration requested by ORI at a time, place, and manner satisfactory to ORI;

8. Has a reference, oral presentation/demonstration or site visit/inspection that, in ORI’s sole determination, indicate the inability of the Bidder to adequately perform the services sought under the RFR;

9. Rejects or qualifies its agreement to any of the mandatory provisions of the RFR; or

10. Fails to reach an agreement with ORI on all Contract terms, including, but not limited to, payment provisions, data sharing, and all data privacy and data security provisions.

ORI may, in its sole discretion, determine that non-compliance with any RFR requirement is not material. In such cases, the SST may seek clarification from a Bidder, allow the Bidder to make technical corrections, apply appropriate adjustments to scoring in the evaluation, or utilize any other remedial action ORI deems appropriate.

Section 6.3 Response Review Process, Evaluation Criteria, and Selection

1. Evaluation Process

The SST will determine whether the Bidder satisfied all Business Response requirements described in the Attachment B on a “Satisfactory” or “Unsatisfactory” basis.

The SST will evaluate the Bidder’s Programmatic Response in Attachment B for its comprehensiveness, appropriateness, feasibility, clarity, effectiveness, innovation, and responsiveness to the needs of ORI. The SST may additionally consider any relevant information about the Bidder that is known to ORI.

The SST will (1) evaluate the Programmatic Responses in accordance with the criteria described above, (2) rate the Bidder’s overall Programmatic Response according to the following scale: “Excellent,” “Very Good,” “Good,” “Fair,” “Poor,” or “Non-Responsive,” (3) compare the Responses to one another, and (4) assign an overall rating to each Programmatic

Response. ORI may give preference in accordance with RFR Section 3.1. ORI may also consider any relevant information about the Bidder known to ORI.

The Bidder’s Cost Response will be evaluated based on reasonableness of cost, competitiveness of cost, and value to ORI. ORI is not required to choose the Bidder(s) that proposes the lowest cost to ORI. The Bidder’s proposed Cost proposal will be one factor, but not the sole factor, considered in ORI’s evaluation.

ORI will favorably consider Bidders with higher Supplier Diversity Commitments (See

Section 8.7) consistent with OSD requirements. ORI will rank the Bidders’ Supplier Diversity

Commitment from lowest to highest.

ORI will select the Response(s) which, in its sole discretion, it determines demonstrates best overall value to ORI and the Commonwealth.

2. Actions for Non-Compliance with RFR requirements

ORI, in its sole discretion, may determine that non-compliance with any RFR requirement is insubstantial. In such cases, the SST may:

a. Seek clarification from a Bidder;

b. Allow the Bidder to make technical corrections;

c. Apply appropriate adjustments in the scoring of the evaluation; or

d. Utilize other remedial action ORI deems appropriate, such as applying a combination of all three remedies.

3. Oral Presentation/Staff Interview

The SST may, in its sole discretion, invite those Bidders whose responses have been judged competitive and responsive in the course of the evaluation to attend an Oral Presentation. At that time, the Bidder’s proposal may be discussed and clarified, but not changed in any way.

The SST reserves the right to apply restrictions to the structure and content of the Oral

Presentation, and to instruct the Bidder regarding attendees.

Oral Presentations shall not be open to the public nor to any competitors. Failure of a Bidder to agree to a date and time for an Oral Presentation may result in rejection of the Bidder’s response.

4. Site Visit/Inspection

ORI may, in its sole discretion and at its convenience, elect to visit or inspect any of a Bidder’s offices, facilities, or resources prior to executing a Contract under this RFR. Such a visit or inspection could include a detailed review of the Bidder’s operations and systems relevant to this RFR. Failure to agree to such an inspection may result in rejection of the Bidder’s response.

5. Past Performance

The SST, in its sole discretion, may consider in its review process ORI’s previous evaluations of Bidders as contractors with ORI or Bidders’ performance in programs or contracts administered by ORI, and any corrective actions or restrictions imposed by ORI or other

Commonwealth agencies. The SST may also consider any information that may have previously been provided by the Bidder or is otherwise available or known to ORI.

6. References

ORI, in its sole discretion, may verify or contact any references provided by the Bidder pursuant to the Business Response Attachment B, Section C at any time during the evaluation process. In addition, ORI reserves the right to request, verify, and contact additional references from any Bidder at any time prior to executing a Contract under this RFR.

7. Best and Final Offer

ORI reserves the right to request a best and final offer (BAFO) from any Bidder.

8. Recommendation to Enter into Contract Negotiations

After the SST completes its evaluation, comparison, and ranking of all proposals, and, if applicable, oral presentation(s), site visit(s), reference check(s), and BAFO, the SST may recommend to the Director of ORI, or her designee, a Bidder or Bidders with which to enter into Contract negotiations. The Director’s decision shall consider the SST’s recommendation and the best interests of the Commonwealth. ORI is under no obligation to award a Contract pursuant to this RFR.

9. Best Value Selection and Negotiation

ORI may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. ORI and a selected

Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s response, which results in lower costs or a more cost-effective or better value than was presented in the selected Bidder’s response.

10. Contract Award

The award of any Contract under this RFR shall be subject to sufficient appropriation, availability of state and federal funds, all necessary state and federal approvals, and successful negotiation of Contract terms.

SECTION 7. ADDITIONAL REQUIREMENTS

Section 7.1 Issuing Office

Office for Refugees and Immigrants

One Ashburton Place, 5th Floor

Boston, MA 02108

Section 7.2 Bidder Communications

1. RFR Contact

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

Bidders may contact the contact person for this RFR, below, in the event this RFR is incomplete, or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

RFR Contact:

Robin LaBranche

Office for Refugees and Immigrants

One Ashburton Place, 5th Floor

Boston, MA 02108

Email: Robin.LaBranche@mass.gov

2. 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 e-mail address of the Bidder’s contact person and prospective Contract Manager, if awarded a

Contract, and to monitor that e-mail inbox for communications from ORI, including requests for clarification. ORI and the Commonwealth assume no responsibility if a prospective

Bidder’s/awarded Contractor’s designated e-mail 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 e-mail communications sent to/from the prospective Bidder/awarded contractor and ORI to be lost or rejected by any means including e-mail or spam filtering.

Section 7.3 Amendment or Withdrawal of RFR

ORI reserves the right to amend the RFR at any time prior to execution of a Contract and to terminate this procurement in whole or in part at any time before execution of a Contract. If ORI decides to amend or clarify any part of this RFR, any written amendment will be posted on

COMMBUYS.

Section 7.4 RFR Errors

In the event this RFR contains errors, ORI may correct such errors at any time prior to contract execution. Corrections to this RFR will be posted on COMMBUYS.

Section 7.5 Commonwealth of Massachusetts Standard Contract Form, Standard Contract

Form Instructions and Contractor Certifications and Terms and Conditions

Any Bidder selected as the Contractor shall agree to and abide by the terms of the Commonwealth of Massachusetts Standard Contract Form; Standard Contract Form Instructions and Contractor

Certifications and the Commonwealth Terms and Conditions. ORI is prohibited from amending these documents or agreeing to any change in the language. Any Bidder suggestion or requirement altering these documents will be disregarded.

Section 7.6 Acceptance of Response Content

The entire contents of the Bidder’s response shall be binding on the Bidder. The specifications mailto:Robin.LaBranche@mass.gov and contents of a successful Bidder’s response may be incorporated into the Contract.

Neither ORI nor the Commonwealth is obligated to procure or contract for services or supplies.

ORI reserves the right to accept or reject any or all applications received as a result of this RFR.

Neither ORI nor the Commonwealth is under any obligation to return any materials submitted by a Bidder in response to this RFR.

Section 7.7 Alterations

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

Section 7.8 Authorizations and Appropriations

Any contract awarded under this RFR is subject to all necessary federal and state approvals, as applicable, and is subject to appropriation of sufficient funding, as determined by ORI.

Section 7.9 Independence

By submitting a Response to this RFR, 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.

Section 7.10 Conflict of Interest

Neither the Bidder nor any subcontractor it proposes to use may have any interest that will conflict with the performance of services required under any Contract resulting from this RFR, or that may be otherwise anti-competitive, as determined by ORI, for the duration of the Contract. In order to so demonstrate, a Bidder may be required to submit any additional relevant information requested by ORI regarding its or its subcontractor’s financial, legal, contractual or other business interests.

If ORI, in their sole judgment, determine that a Bidder or its subcontractor possesses a conflicting interest, ORI may propose or consider any response of the Bidder for any measures which would eliminate or mitigate such conflicting interest to ORI’s satisfaction.

Section 7.11 Debriefing

Upon notification of the award decision, any non-selected Bidder may make a written request for debriefing. A debriefing meeting provides the Bidder an opportunity to discuss the evaluation of its Response. A request for debriefing must be received by the RFR contact specified under Section

7.2.1 within 14 calendar days after the receipt of the award decision notification to the Bidder.

Debriefing meetings shall be held at the discretion of ORI after the contract negotiation and execution process is complete.

Section 7.12 Ownership of Submitted Responses

ORI 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

Commonwealth of Massachusetts and will not be returned to the Bidder.

Section 7.13 Incorporation of RFR

This RFR and all Response documents submitted in response to it by a selected Bidder will, at

ORI’s discretion, be incorporated by reference into any Contract awarded as a result of this RFR to that Bidder.

Section 7.14 Program Modifications and New Initiatives

ORI shall have the option at its sole discretion to modify, increase, reduce, or terminate any activity related to this Contract whenever, in the judgment of ORI, the goals of the project have been modified or altered in a way that necessitates such changes. In the event that the scope of work or portion thereof must be changed, ORI shall provide written notice of such action to the Contractor and the parties shall negotiate in good faith to implement any such changes proposed by ORI.

ORI additionally reserves the right, at its sole discretion, to amend the resulting Contract to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting ORI or the Contract.

Notwithstanding the generality of the foregoing, ORI reserves the right to amend the Contract to implement new initiatives or modify initiatives related to: New programs or funding initiatives of the state or federal government; Expansion of or changes to existing ORI programs; Other programs as specified by ORI; Programs or program changes resulting from state or federal legislation, regulations, policies and initiatives, or judicial decisions that may affect in whole or in part ORI or the Contract; and Quality or programmatic review activities for any ORI program.

The parties shall negotiate in good faith to implement any such initiatives proposed by ORI. The

Contractor’s responsibilities are subject to change due to implementation of such initiatives. ORI reserves the right to modify the Contract due to program modifications. In addition, the Contractor may request an opportunity to enter into negotiations with ORI over amendments to the Contract related to new initiatives or modified initiatives as described in this section. ORI may grant such a request in its sole discretion.

Any changes under this section shall be subject to appropriate approvals.

SECTION 8. REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

FOR COMMONWEALTH RFRS

In general, most of the required contractual stipulations are referenced in the Standard Contract

Form and Instructions and the Commonwealth Terms and Conditions. However, the following

RFR provisions must appear in all Commonwealth departmental competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR

21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. 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.

Section 8.1 COMMBUYS Market Center

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid 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 Bid Questions and Answers (Q&A), are components of the Bid, as referenced in

COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via

COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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

COMMBUYS.

Section 8.2 COMMBUYS Registration.

Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to

COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller 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; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, 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).

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the

Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the

Learn about COMMBUYS Resources page on mass.gov.

Section 8.3 Multiple Quotes.

Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Section 8.4 Quote Content.

Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed

Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Section 8.5 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.

Section 8.6 Small Business Purchasing Program (SBPP)

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

Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The

Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SST’s best value evaluation criteria.

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

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

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/

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, http://www.mass.gov/sbpp.

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

Section 8.7 Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier

Diversity Program (SDP) promotes business-to-business relationships between awarded

Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier

Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more

SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP

Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be

1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

▪ Minority-Owned Business Enterprise (MBE)

▪ Minority Non-Profit Organization (M/NPO)

▪ Women-Owned Business Enterprise (WBE) http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sdp https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

▪ Women Non-Profit Organization (W/NPO)

▪ Veteran-Owned Business Enterprise (VBE)

▪ Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

▪ Disability-Owned Business Enterprise (DOBE)

▪ Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage

SDP Partners as follows:

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

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