Insurance Advisory RFR DCP2016AD1 FINAL.doc

REQUEST FOR RESPONSE

INSURANCE ADVISORY SERVICES RFR # DCP2016-AD1 / COMMBUYS Bid# BD-20-1019-DCP03-OFA01-52215

The Commonwealth of Massachusetts

Executive Office for Administration and Finance

One Ashburton Place, 15th Floor

Boston Massachusetts 02108-1552

REQUEST FOR RESPONSE (RFR)

INSURANCE ADVISORY SERVICES

RFR DOCUMENT NUMBER: DCP2016-AD1; INSURANCE ADVISORY SERVICES

BD#: BD-20-1019-DCP03-OFA01-52215

UNSPC Codes: 84-000-000 – Financial and Insurance Services December 18, 2020 Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on 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 Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

ISSUE DATE: DECEMBER 18, 2020

1. Description or Purpose of Procurement:

The purpose of this procurement is to obtain proposals from independent fee-for-service insurance advisory consulting firms to provide advice to DCAMM legal and other staff as needed in order to assist DCAMM in the following:

A. Promulgating insurance and/or risk management requirements for designers, Contractors, landlords, tenants, licensees and others in connection with DCAMM's activities;

B. Reviewing insurance policies, certificates, requirements, and other documents to determine whether such requirements are being met;

C. Possibly designing and assisting in the execution of insurance programs such as OCIPs or evaluating CCIPs;

D. Handling or providing other risk management and insurance-related advisory or management services as DCAMM may require in the performance of its work.

E. Conducting training for DCAMM employees regarding how to interpret certificates of insurance and developments in insurance law/issues.

F. Any other related consulting or support services requested by DCAMM.

DCAMM requests responses from qualified firms to provide the above services (Insurance Advisory Services) from time to time upon request from DCAMM.

NOTE: It is DCAMM's intention to enter into Contracts for the requested services with more than one Vendor in order to avoid possible conflicts of interest in situations where a Vendor may be providing services to an another party in connection with a specific transaction or other matter involving DCAMM.

2. Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

3. Acquisition Method:

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Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other: [specify, e.g., TELP]

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

Check One (“X”):

Single Contractor

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Multiple Contractors

a. Estimated Number of Awards

The target number of Contractors is two (2). The Purchasing Department 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 – This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. DCAMM will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation.

5. DCAMM - Agency Background

DCAMM is the state agency responsible for facility management and maintenance, major public vertical construction, and real estate services for the Commonwealth of Massachusetts (see www.mass.gov/dcam).

DCAMM Mission Statement e support our client agencies and the people they serve by providing expertise and innovative solutions in the delivery of strategic integrated facilities management, construction, and real estate services.

DCAMM Vision Statement

As stewards of state real property assets, and the strategic capital investments of the Commonwealth, we are dedicated to continuous improvement. Our approach reflects our belief in the strong connection between our buildings and the effective delivery of critical public services. We are a force for progress in our economy and in the quality of life for the residents of Massachusetts.

Summary of Key Agency Activities

Direct management and maintenance of facilities is an expanding component of DCAMM’s mission. DCAMM is currently managing and maintaining more than 5.6 million square feet of active buildings, along with over 3 million square feet of surplus property. At any given time, DCAMM’s construction office is managing over 100 major projects in various stages of study, design, and construction amounting to more than $500 million in annual capital spending. In addition, DCAMM manages acquisition and disposition of state real property as well as more than 560 active leases of private space for occupancy by state agencies totaling more than 7 million square feet. Client agencies include the judiciary, constitutional offices, state universities, community colleges, public safety agencies, health and human service agencies, environmental agencies, and MassIT, among many others.

Offices within DCAMM are as follows:

Office of the Commissioner – Responsible for overall leadership and policy-setting of DCAMM with a team that includes the Commissioner and her Executive Assistant, Chief of Staff, Director of Integrated Facilities Management Planning, Director of Human Resources, and Director of Business Impact Services. The Commissioner’s Office is also responsible for legislative relations and special projects including Integrated Facilities Management. There are four Deputy Commissioners (Facilities Management and Maintenance, Design and Construction, Real Estate Management, Finance and Administration) and the General Counsel that also report directly to the Commissioner, advised by the CFAC, Asset Management Board and the IFMSC.

Office of Facilities Management and Maintenance (OFMM) – Provides direct facilities management and maintenance services to a number of client agencies using shared services – 5 regions model. This office also provides guidance and support to DCAMM, state agencies, and the Administration on the preservation of capital assets through the development of comprehensive and cost-effective facility management and maintenance strategies. OFMM works collaboratively with client agencies to fund critical deferred maintenance needs, to provide technical resources, and to develop standards and benchmarks to improve their facilities management and maintenance. OFMM manages energy conservation projects that lower operating costs and works to incorporate energy efficiency and maintainability into new capital construction projects. OFMM provides planning/reconfiguration assistance to agencies to meet their changing office needs, while supporting the construction office in furnishing and interior layout planning on major capital projects. In addition, OFMM manages the leasing of privately-owned space for occupancy by state agencies as well as the care, custody, security, up-keep, and general maintenance of surplus state property and associated buildings.

Office of Planning, Design, and Construction (OPDC) – Is responsible for master planning and all phases of state building project management, from project initiation and development to final design and construction. OPDC project staff work closely with client agencies throughout the planning, design, and construction process. OPDC oversees the work of architectural and engineering firms who prepare building studies and develop final design and construction documents, as well as general Contractors and construction managers (and their subcontractors) who perform work on new construction, repair/renovation and facility expansion projects.

Office of Real Estate Management (OREM) – Manages acquisition, disposition and redevelopment of real property for the Commonwealth of Massachusetts. OREM handles hundreds of different projects located in communities throughout the state. The goals that drive dispositions and redevelopment projects are (1) to get idle property back into productive economic use (creating jobs and returning property to the tax rolls), (2) to serve as an engine of economic development, whether by providing a commercial site or otherwise facilitating economic activity, or in providing critically needed housing stock, including affordable housing, and (3) to maximize revenue while balancing the needs of the host community and other stakeholders.

Office of Finance and Administration (OFA) – Is responsible for the fiscal and administrative operations of DCAMM. OFA manages spending on all projects at the agency and maintains DCAMM’s daily operational expenses. Additional responsibilities include the development of five-year capital spending plans, M/WBE and Workforce compliance, and financial administration of design and construction Contracts for state design and construction work. OFA also manages key IT systems, including the CAMIS facilities management platform, and MAssets, the state’s inventory of over 13,000 real property parcels owned by the Commonwealth.

Office of the General Counsel (OGC) – Provides legal services and support for all DCAMM offices and activities, including procurements, Contractor certification, real estate transactions, leases and licenses, construction and design Contracts and disputes, direct payment claims and change order appeals, environmental matters, energy projects and power purchase agreements, legislation, and litigation.

6. Compensation Structure/Pricing

The Commonwealth makes no guarantee that any Insurance Advisory Services will be purchased from any Contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of Respondents and are not to be relied upon as any indication of future purchase levels.

Anticipated expenditures will be project-specific and are unknown at this time. When the Department determines that outside Insurance Advisory Services are needed for a specific project, a Vendor from the group of the selected respondents who have executed Contracts with the Department will be contacted by the Department and informed of any special considerations or instructions for the specific Insurance Advisory Services to be provided. That Vendor will be asked to provide a project specific estimate based on the rates and charges included in that Vendor’s Contract. The Department will then procure the approvals necessary prior to commencement of the services, after which the Department will issue to the Vendor a Notice to Proceed with the work. The Vendor may not exceed the estimated amount without further specific approvals from the Department

DCAMM urges all Respondents in proposing their hourly rates to consider offering a government discount. The Commonwealth reserves the right to negotiate any rates deemed excessive in the event any proposal is deemed otherwise acceptable.

The hourly rate(s) to be paid for any Vendor’s Services shall be specified in the Contract and shall not exceed the rate(s) identified in the Respondent’s Response. Except as specified in any alternative billing proposal that may be accepted by DCAMM, and except as noted below, all expenses to deliver services shall be included in the Contract hourly rate(s). Bills shall be issued by the Vendor to DCAMM monthly. All bills for payment under any Contract entered into pursuant to this RFR shall include a detailed accounting and evidence of the time spent and out-of-pocket expenses incurred for work authorized under the Contract in form and detail acceptable to DCAMM. This evidence may include, without limitation, daily worksheets specifying the tasks performed under the Contract by each lawyer and other employee, partner or agent of Contractor, and time spent by each such person, the billable rate under the Contract, and an itemization of all pre-approved out-of-pocket expenses. Unless DCAMM has agreed that out-of-pocket expenses are compensable, Contractor shall not include them in an invoice.

7. Prompt Pay Discounts (PPD)

All Bidders 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.

8. Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties 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, patient records or commercial proprietary information in the possession of the Commonwealth Agency.

The bidder and company’s employees are prohibited from disclosing personal data or other confidential information to third parties. The bidder and its employees shall not access or use confidential information, and the material derived from such data. Failure of the bidder to comply with the requirements of this section shall be grounds for immediate termination of the Contract, as well as referral for criminal prosecution where appropriate. .

The bidder will inform all of its employees having any involvement with Commonwealth Entities of the confidentiality of the Commonwealth’s information. The bidder will advise its employees of the state and federal laws and regulations governing confidentiality with respect to confidential information and will require its employees to maintain such confidentiality.

The bidder agrees that an employee's failure to comply with the laws and regulations governing confidentiality will result in disciplinary action that shall include suspension or termination of the employee, as well as referral for criminal prosecution where appropriate.

9. Contract Management

Bidder’s Interface with the DCAMM Contract Manager a.

All Contract questions must be directed to the DCAMM Contract Manager.

b.

Timely response to requests from departments in addressing Contract needs.

c.

Meetings scheduled by a department for the purpose of identifying, clarifying or revisiting projects or complaints must be handled in a timely manner.

d.

Change notification.

e.

Changes to the bidder’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SOMWBA certification status, or EFT information must be promptly reported via email to the Commonwealth Contract Manager. In some cases additional paperwork will be required to effect the change.

Failure to Perform

After award, DCAMM shall remove any bidder who fail to perform the requirements as identified in this RFR, or do not meet the standards of work identified in this RFR.

10. Entities Eligible to Use the Resulting Contract

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:

· [Identify additional Eligible Entities by name] The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

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

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

Initial Duration

Total Maximum Contract Duration

12. Small Business Purchasing Program [MANDATORY FOR PROCUREMENTS UP TO $150,000] This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

13. Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a bidder meets these goals.

14. Evaluation Criteria

Bidders must submit responses that meet all submission requirements of the solicitation. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

The following criteria will be used by the SST (although not necessarily in this order) to evaluate each proposal submitted in response to this solicitation:

a. Bidder expertise in the area of insurance advisory services and qualifications of proposed staff members (narrative)

b. The firm’s Advisory experience with public agencies in MA as demonstrated by providing at least (3) references; strong preference for MA state Agency experience

c. Hourly rates as submitted in exhibit C (pricing response form)

d. Compliance with the requirements of this RFR; submission of complete response to the this bid solicitation in Commbuys.

15. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

16. Estimated Procurement Calendar

Initial Deadline for Submission of Questions

TO BE SUBMITTED ELCTRONICALLY TO COMMBUYS

January 8, 2021 @5PM est

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Online Questions (Bid Q&A) Written Questions must be entered by pressing 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 not to 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.

b. Bid Amendment Deadline The Purchasing Department 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 Purchasing Department 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.

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

d. 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.

17. Required Forms

Exhibit B contains all Commonwealth of MA forms required as part of this solicitation. DCAMM will evaluate all submitted forms and advise if “wet ink” signatures are required.

18. RFR Attachments

Exhibit A – Bidder checklist Exhibit B – All Commonwealth of MA required forms Exhibit C – Pricing response form Updated: March 15, 2016