ITS77 RFR IT STAFF AUGMENTATION v2 - including amendments.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: ITS77 IT Staff Augmentation

Agency Document Number: ITS77 ITS Staff Augmentation

COMMBUYS Bid#: BD-21-1080-OSD03-SRC01-59583

April 14, 2021

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. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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 SST reserves the right to reject unreasonable requests.

Revision History

2. RFR Checklist and Bidder Response Form

a. Corrected RFR Section numbers in Question 3.

b. On Question 5, replaced the sentence after the first paragraph with two sentences to include instructions for Category 2.

c. On Question 6, replaced incorrect reference to Question 1 and clarified exact reference.

3. The Q & A tab will be open through 5pm ET on 5/3/2021.

REQUEST FOR RESPONSE ITS77 IT Staff Augmentation

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE ITS77 IT Staff Augmentation

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the ITS77 IT Staff Augmentation Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of IT Staff Augmentation Services. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace the ITS63 Staff Augmentation Contracts General Purpose Category 1, Very Low Overhead Categories 2a and 2b. Category 3, Niche Vendors, will not be replaced due to very low utilization. The Contract will also be available for use by other Eligible Entities.

The RFR is geared toward serving Eligible Entities who need to procure specific labor skills on a temporary basis to supplement their existing information technology staff. IT Staff Augmentation companies are sometimes known as “IT Staffing Companies.” All work done under the Contract resulting from this RFR will be compensated on a time and materials basis.

The Statewide Contracts will be available for use by other Eligible Entities listed in RFR Section 1.3.5.

In and of itself, award of a Contract as an ITS77 Contractor is not a guarantee that the ITS77 Contractor will obtain engagements. This Contract is for information technology professional services only. No other types of goods or services may be provided under this Contract.

This contract is limited to companies that have been in business for at least two years providing IT Staff Augmentation services as of the Release Date of the RFR.

This RFR has two Categories. The first is a “Full Service” category, Category 1, under which companies will recruit candidates and submit resumes in response to Eligible Entity postings on COMMBUYS. The second category is “Lower Overhead”, Category 2, under which companies will supply Resources that have already been recruited by the Eligible Entity.

Category 1 Bidders must have the capability to locate candidates and match them to Eligible Entity job postings. Category 2 Bidders must have the capability to provide the services of Resources that have been recruited by the Eligible Entity, and to ensure that all employer obligations for these Resources are met by the Resource’s employer, who may be either the Bidder or another company. Statewide Contracts will be awarded for each Category and Subcategory.

Estimated Procurement Calendar

Pre-Bid Conference Link for registration: ITS77 Pre-Bid Conference

4/20/2021, 1:00 – 3:00 PM ET

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

How to Register for Vendor Training Dates and Times Available:

Locate and Response to Bids on COMMBUYS

Online Webinar 5/5/2021 (registration required, see "How to Register for Vendor Training"

Pre-recorded Webcast (no registration required):

https://www.screencast.com/t/GMJLKkilF12

Written instructions (no registration required) – How to Create a Quote in COMMBUYS:

https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

Late bids will not be considered.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bid Amendment Deadline The SST 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 SST 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the Bidder for checking the Bid record in COMMBUYS for revisions and updates.

Pre-bid Conference The Pre-bid Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each Bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The term of this Contract is 5 (five) years with no renewal options.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid during the (five) year term of the contract (July 1, 2021 through June 30, 2026) is $670 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for Calendar Year 2020, and multiplying the total by 5 (five) to extrapolate estimated usage over the five-year period of the contract.

Expenditures by Contract Category during Calendar Year 2020:

Estimated Number of Awards The target maximum number of Contractors is:

Category 1, Full Service – Total of 25 awards as follows:

Category 1a, Full Service - Vendors selected without regard to the Massachusetts Small Business Purchasing Program (SBPP) certification status - 20 Category 1b, Full Service - Vendors certified under the Massachusetts Small Business Purchasing program (SBPP) - 5 Category 2, Lower Overheard – Total of 6 awards as follows:

Category 2a, Lower Overhead, vendor is Resource employer – 3 Category 2b, Lower Overhead, vendor subcontracts with Resource employer – 3 These are target ranges; the SST may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

Procurement Exclusions This contract is limited to hourly rate work performed by IT professionals. Project work compensated based on deliverables is not allowed, nor are any other sales of products and/or services outside the scope of this section allowed.

RFR Categories Full Service Placement (Category 1, Subcategories 1a and 1b) Definition Vendor responds to a posting or other solicitation by an Eligible Entity describing the experience, skills, qualifications and any special requirements for a temporary placement, by locating or recruiting candidates, interviewing candidates and submitting resumes to the potential client. If the resume is selected for an interview, the vendor arranges or facilitates the interview. If the Resource is selected to fill the placement, the vendor enters into an agreement with the Eligible Entity to provide the Resource’s services and to receive and process payments for those services.

Providing staff on an hourly basis to maintain or enhance systems developed by the company providing the staff is not considered staff augmentation for the purposes of this RFR, nor are any engagements performed under a deliverables-based or fixed price contract.

Category 1a vendors are Vendors selected without regard to SBPP certification status. Category 1b vendors are Vendors certified under the Massachusetts Small Business Purchasing program (SBPP).

This Category is equivalent to Category 1 under ITS63.

Lower Overhead Placement (Category 2, Subcategories 2a and 2b) Definition In this Category, the Vendor will offer terms to Resources recruited by the client agency (Massachusetts state agency) under which the vendor will serve as the Resource’s employer or will subcontract with the Resource’s employer to provide the Resource’s services to the client.

When a Commonwealth Agency decides to offer an engagement to a resource to a resource they have recruited, the Commonwealth Agency will ascertain whether or not the resource is at that time a W-2 employee of a company or entity. If not, the Contracting Agency will select, or direct the resource to select, a Lower Overhead Contractor from Subcategory 2a. The Subcategory 2a Contractor will offer the resource a position as their direct W-2 employee. If the resource is a W-2 employee of another company, the Commonwealth Agency will select, or direct the resource to select, a Lower Overhead Contractor from Subcategory 2b. The Subcategory 2b vendor will subcontract with the resource's employer, directly or through another company that is subcontracting with the resource's employer.

Additional Categories Additional Categories may be added over the life of the Contract if deemed by the SST to be in the best interests of the Commonwealth.

Category References References in the RFR to "Category 1" will apply to both Category 1a and Category 1b unless otherwise stated. References to Category 2 will apply to both Category 2a and Category 2b unless otherwise stated.

Bidder Qualifications Company experience Years in the industry of the Bid Bidders must have been in the business of providing IT staff augmentation services in the Categories for which they are bidding, as defined in Section 2.2 above, for at least the two most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar). IT Staff Augmentation is limited to services provided to clients independently of any other type of engagement. For example, if a company worked on a project to develop a system, and later supplied staff on an hourly basis to support and maintain the system, this would not be considered IT Staff Augmentation.

In the case of companies formed fewer than two years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Business Experience - IT Resource Placements Bidders must indicate the total number of IT Resources placed at any client site during calendar year 2020, including both full-time and part-time placements. This should not include Resources who were already working at the client site prior to the beginning of calendar year 2020. The minimum duration to qualify as a placement is 100 billable hours. If a Resource was placed multiple times during the year with different clients, each placement should be counted as a separate placement.

On lines 1 and 2 of the table below, Bidders must count ONLY placements meeting the definition of Full Service Placements (See RFR Section 2.2.1).

On line 3 of the table below, Bidders must count ONLY placements meeting the definition of Lower Overhead Placements (See RFR Section 2.2.2).

Massachusetts Placements are defined as placements with a Massachusetts Government or Non-government organization located within the Commonwealth of Massachusetts, regardless of where the Bidder's organization is located or where the Resource performs their duties.

Minimum required placements to qualify for this contract are as follows:

Wide Variety of Job Titles and Skillsets (Category 1 Only)

ITS63 Historical Data and Usage For ITS 63 historical data and usage please see Attachment 10 (ITS63 Historical Data and Usage).

ITS77 Wide Variety of Job Titles and Skillsets

Category 1 Bidders must have the ability to respond to most postings for IT Staff Augmentation Resources that are published on COMMBUYS. All ITS77 Category 1 Bidders must be able to supply Resources in these job titles, in a wide variety of areas. For example, software related titles, when posted, will require expertise in specific types of software, and network/communications job titles will require expertise in specific types of networks.

Category 1a vendors must have placements in a minimum of 10 job titles shown in Table 1 below. For Category 1b, this minimum is 6 job titles. As above, these must be IT Resources placed at any client site during calendar year 2020, including both full-time and part-time placements. This should not include Resources who were already working at the client site prior to the beginning of calendar 2020. The minimum duration to qualify as a placement is 100 billable hours. If a Resource was placed multiple times during the year with different clients, each placement should be counted as a separate placement. If the resource provided services under multiple job titles during the same placement (i.e., project manager and data architect), report under the most applicable job title. An engagement qualifies if the Resource placed spends at a minimum 75% of their time doing work within the title or technology mentioned. Apparent Successful Bidders may be asked for documentation supporting the number of placements cited in response to the table below.

Table 1 - Job Title(s)

Application Architect

Application Developer

Business Analyst

Cloud Architect

Cloud Engineer

Data Architect/Data Developer/Data Analyst

Database Administrator

Data Scientist/Machine Learning Specialist

DevOps Developer/DevOps Architect

GIS

Helpdesk

Information Security Architect/Information Security Analyst/Information Security Specialist

Network Analyst/Network Engineer

Project Manager/Project Technical Lead

Quality Assurance Analyst/Quality Assurance Manager

Server Administrator

Systems Administrator

Web Designer/Developer

UI & UX Designer

In addition, Category 1 Bidders must submit their number of placements, as defined above, for the Emerging Skills in Table 2 and the Emerging Technologies in Table 3. There are no minimum requirements regarding the number of placements for the Emerging Skills and Emerging Technologies.

Emerging Skills – Table 2

Azure Engineer

Azure DevOps Engineer

AWS Engineer

Azure Architect

AWS Architect

Salesforce Developer

ODI Developer

Enterprise Architect

Software Architect

Solution Architect

ServiceNow Developer

Desktop Engineer

Organizational Change Management Specialist

Hyland / OnBase Administrator

Snowflake Architect

Emerging Technologies – Table 3

IAM Azure Active Directory

Microsoft PowerBI

Microsoft Power Apps

Github

Prior Contract Performance (applicable to current ITS63 vendors only) ITS77 contracts will only be executed with current ITS63 vendors if the vendor is in good standing under ITS63. To be considered in good standing, an ITS63 vendor must be in compliance with ITS63 contract requirements for:

· Sales reporting

· Administration Fee reporting and payment

· Supplier Diversity Plan (SDP) commitment

All ITS63 vendors will receive an email from their OSD ITS63 Contract Manager regarding their company's standing under ITS63 within a few days of the ITS77 RFR release, and should address any issues as soon as possible after receiving that email, to ensure that they are eligible to receive a contract award under ITS77. Current ITS63 vendors who have not received this email by 4/26/2021 should contact their ITS63 Contract Manager.

Emergency Response Capabilities Contractors may be called upon during a declared state of emergency to supply and/or deliver to the Commonwealth on a priority basis commodities and/or services which are currently under Statewide Contract.

To accommodate such requests, Contractors may be asked, and must make every effort to service, these requests from regular sources of supply at the rates set forth in any Statewide Contract resulting from this RFR.

Financial stability including bankruptcy, litigation and contract defaults The Commonwealth may not award contracts to Bidders that have entered into bankruptcy during the three year period prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

Bidder affirms that they have no outstanding contingencies, such as lawsuits or other claims or charges that will adversely impact their ability to perform to the requirements of this RFR. The SST reserves the right to request additional information regarding any bankruptcy, or other outstanding contingencies.

References and reference information and/or requirements Category 1, Full Service Bidders are required to list five clients for whom the Bidder has provided IT Staff Augmentation Category 1 services after January 1, 2020. If allowed by the reference, provide the company name, otherwise identify the type of client (i.e., “Leading airline”). The Bidder must ensure that any references listed are willing to respond to a phone call or email from a member of the SST.

References may be contacted only for Bidders who have met all mandatory requirements. Bidders must be prepared to provide the following information for each reference listed within two days of being requested to do so by the SST: Name of organization; contact name, phone number, email address and title of person who may be contacted.

If the SST is unable to contact a reference, the Bidder may be contacted for additional references and must be prepared to provide the above information for the additional reference within two days of being contacted.

A negative reference may disqualify a Bidder.

Category 2, (Lower Overhead) Same as Category 1, except that Bidders are only required to identify three references that pertain to the Category under which they are bidding.

SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Service Specifications Eligible services IT Staff Augmentation services will be provided in two different categories under ITS77. Under Category 1, Full Service, ITS77 Contractors will recruit candidates and submit resumes in response to Eligible Entity postings on COMMBUYS. Under Category 2, Lower Overhead, ITS77 Contractors will work with Resources that have already been recruited by the Eligible Entity.

Obtaining Resources Category 1 Eligible Entities who wish to obtain Resources under this Category will post their job requirements on COMMBUYS. Municipalities and other entities that are not using COMMBUYS will email their job requirements to ITS77 vendors. The postings will reference positions included on the Rate Card. The Rate Card ITS77 (Attachment 1) may be updated from time to time over the life of the Contract.

It will be recommended that Eligible Entities use the following two forms to solicit resumes:

· RFR Attachment 2, "Specifications for ITS77 IT Staff Augmentation Posting", and

· RFR Attachment 3, "Candidate Bid Sheet Submittal Form" (separate files under the Attachments tab of this RFR).

Eligible Entities are not required to use these forms and may tailor them to their own requirements and/or use different forms. However, if these forms are used, Vendors must supply the information requested.

On a case-by-case basis, a Rate Card variance may be requested by an Eligible Entity, if posting the job at the maximum Rate Card Rate did not result in submission of qualified candidates.

Only ITS77 Staff Augmentation Category 1 Contractors may respond to COMMBUYS postings. ITS77 Contractors must adhere to the specifications of the posting, including timeframe and maximum number of resumes, in submitting candidate resumes. Timeframe for responses and maximum number of resumes will be at the discretion of the Eligible Entity. Job Postings will include a response deadline, which will not be earlier than the close of the second business day after the request is posted on COMMBUYS.

Category 2 Eligible Entities who have recruited a Resource may select a “Lower Overhead” ITS77 Contractor without posting job requirements on COMMBUYS. Alternatively, they may leave the choice of a “Lower Overhead” ITS77 Contractor up to the Resource.

It is expected that Lower Overhead Contractors will accept any resources seeking their services. Lower Overhead Contractors who turn down resources without providing the Commonwealth Agency with an acceptable reason may be suspended or terminated from the Contract.

W-2 Employees All Resources who are placed with the Commonwealth must be W-2 employees. Resources may either be employees of the ITS77 Contractor or of another company. If the ITS77 Contractor is not the Resource’s employer, the ITS77 Contractor must verify that the Resource is a W-2 employee of the subcontractor or its subcontractor(s). Upon request by the Eligible Entity or the Commonwealth Contract Manager, the ITS77 Contract must provide sufficient documentation to show that a Resource is a W-2 employee and to show the name of the Resource's employer.

The Resource’s employer must provide the Resource with a completed “ITS77 Employee Certification Form”, see Attachment 4 (separate file under the Attachments tab of this RFR). If the ITS77 Contractor employs the Resource directly, the ITS77 Contractor must provide this completed form to the Resource. If another company employs the Resource, that company must provide the completed form to both the Resource and to the ITS77 Contractor.

If based on the response to the questions in “ITS77 Employee Certification Form” the Resource is not eligible for placement under ITS77, the Resource may not be placed under ITS77. If the ITS77 Contractor learns of a change in circumstances after the Resource has been placed, such that the conditions are no longer met, the ITS77 Contractor must inform the Resource that the ITS77 Contractor cannot continue to provide the Resource’s services under ITS77, and must advise the Commonwealth Agency where the Resource is placed that the ITS77 Contractor can no longer provide the Resource’s services under ITS77.

Category 2a ITS77 Contractors must also complete the section of the ITS77 Employee Certification Form entitled “Category 2 Lower Overhead ONLY – for Resources where the ITS77 Category 2 Contractor (not a third party) is the Resource’s Employer.”

Changes in law, regulation or interpretation may require revisions to the "ITS77 Employee Certification Form". Any such changes will not in and of themselves require a contract amendment or be grounds for a rate adjustment.

Candidate Screening Bidders are required to verify identity and interview the candidates prior to submitting their resumes for consideration by an Eligible Entity. Information in support of Bidder responses to questions 1 through 3 below must be provided as part of the Response to this RFR. Additionally, upon request, Bidders may be required to provide documentation supporting their responses to questions 4 through 6 below. A candidate is a resume formally submitted in response to a requisition during calendar year 2020.

1. Of the resumes submitted, what ratio were hired by the client?

2. What percentage of candidates were dismissed in their first week of employment?

3. What percentage of candidates were dismissed in their 4-6 weeks of employment?

4. What percentage of candidates did not complete their first contract? Did your company offer not to bill for Resources who are unsatisfactory and must be replaced during the first week of their placement or other time period? If so, for what percentage of placements did this occur?

5. What percentage of candidates’ contracts were extended beyond the term of the initial engagement? What percentage were converted to FTEs?

6. What is the average length of the candidates’ placement(s), including contract renewals?

Hiring of ITS77 Contractor Staff by Eligible Entity After a Resource has worked continuously at an Eligible Entity on a full time or part time basis for a minimum of six months (26 weeks), the Eligible Entity shall have the right to offer the Resource a position as a contract employee or an employee. If the Resource accepts the offer, the ITS77 Contractor will not impose any additional charges on either the Resource or the Eligible Entity, other than the normal hourly rate charges that may have been incurred while the Resource was still working for the ITS77 Contractor.

For the purposes of this Section, the fact that a number of days (for example, Commonwealth holidays, vacation days, sick days, etc.) are not included as work days in a given year shall NOT be construed to mean that the individual was not “continuously placed on a full time or part time basis for six months or more.”

For a period of one year after a Resource is hired by the Commonwealth pursuant to this Section, while the Resource remains in the employ of the Commonwealth, the ITS77 Contractor from whom the Resource was obtained may not approach the Resource for the purpose of recruiting the Resource to another position. Failure to comply with provision could result in suspension from new business for a period of time or for the remainder of the Contract.

Bidders in the “Lower Overhead” Category must agree that a Resource who is an employee of the ITS77 Contractor (as opposed to an employee of a third party company) may be hired by the Eligible Entity as a contract employee or employee at any time after placement with the Eligible Entity.

Bidders should refer to RFR Section 4.1.7, “Subcontracting” which requires that subcontractors be bound by the provisions of this Section.

Waiver of Non-Compete Agreements Preference will be given to Bidders agree to waive any non-compete agreements that would prevent or discourage a Resource from transferring to a different ITS77 Contractor after a specified amount of time. Bidders may offer such transfers after a Resource has been continuously (as defined in Section 4.1.5) engaged with one or multiple Eligible Entities on a full time or part time basis for the following time periods: 6 (six) months, 1 (one) year, 18 (eighteen) months, 2 (two) years, or 3 (three) years. Preference will be given to Bidders who in their Response to this RFR express commitment to shorter periods. The waiver may specify that it is applicable only while the Resource is placed with an Eligible Entity under ITS77. This option will not be exercised during the term of a Resource's current SOW, unless the SOW is written for multiple fiscal years, in which case it may be exercised at the end of the first or later fiscal years of the SOW. Such transfers will only be allowed with the prior written consent of the Eligible Entity.

Subcontracting Once an ITS77 Contractor has entered into an engagement with an Eligible Entity, the vendor must provide a single point of contact for the engagement. Subcontractors (hereinafter, “Subcontractors”) may be used, but the ITS77 Contractor must accept full responsibility for any subcontractor’s performance. The ITS77 Contractor is responsible for ensuring that any subcontractor adheres to the terms of ITS77 and to the terms of the ITS77 Contractor’s contract, including any optional provisions that the ITS77 Contractor has agreed to in its proposal.

Example 1 If a Bidder agreed in its response to RFR Section 4.1.5, “Hiring of ITS77 Contractor Staff by Eligible Entity,” that, after a specific individual has worked continuously at an Eligible Entity on a fulltime or part time basis for six months or more, the Eligible Entity would have the right to offer the individual a position as a contract employee or an employee, with no additional charges to either the individual or the Eligible Entity, this provision must be honored by both the ITS77 Contractor and by the subcontractor.

Example 2 If the SST elected to audit an ITS77 Staff Augmentation Contractor’s records, and the ITS77 Staff Augmentation Contractor had obtained a Resource through a subcontractor or series of subcontractors, the subcontractors’ records must also be made available for audit purposes.

The ITS77 Contractor must, if requested by the Eligible Entity, provide the Eligible Entity a list of all subcontractors, a description of each subcontractor’s responsibilities, and a copy of the contract or letters of agreement between the ITS77 Contractor and the Subcontractors.

The ITS77 Contractor must, if requested by the Eligible Entity, notify the Eligible Entity of any subcontractor changes, additions and deletions throughout the term of the engagement with an Eligible Entity. The Eligible Entity has the right to approve/reject any subcontractors.

Limitation on Number of Subcontractors per Resource (Category 1 only) When responding to COMMBUYS postings, Bidders must supply resumes only for Resources who are their own W-2 employees or Resources who are W-2 employees of the Bidder’s direct subcontractor. The intent of this requirement is to avoid situations where there is a lengthy chain of companies between the Commonwealth and the Resource’s employer. The number of subcontractors per Resource shall not exceed one (1). This limitation does not apply to Category 2, Lower Overhead, since under this Category the Commonwealth has located the Resource and the number of companies involved is not under the control of the Lower Overhead vendor.

Resource Employer and Pay Rate Bidders must agree that, if requested by the Eligible Entity, they will supply the names of all companies through which a Resource working for a Commonwealth Agency is paid and the pay rate of the Resource. This information may also be required for all candidates submitted in response to a posting, at the discretion of the Eligible Entity.

Relationship with Eligible Entity Different Eligible Entities may wish to relate to ITS77 Contractors in different ways. If an Eligible Entity chooses to designate one or a small number of staff members to manage the relationship with ITS77 Contractors, ITS77 Contractors must abide by that decision. For example, if the designated contact person for an Eligible Entity advises ITS77 Contractors that they must not contact hiring managers or other Eligible Entity staff directly, the ITS77 Contractor must not contact such staff. As another example, if the designated contact person for an Eligible Entity advises ITS77 Contractors that all pertinent information regarding placement opportunities will be posted on COMMBUYS and that phone calls, emails and visits from the ITS77 Contractor are not allowed, the ITS77 Contractor must refrain from those activities.

ITS77 Contractor representatives must conduct themselves in a polite and professional manner when dealing with Eligible Entity personnel.

Failure to comply with the terms of this Section could result in suspension from new business for a period of time or for the remainder of the Contract.

Due to the volume of resumes received and the large number of vendors, Eligible Entities do not find it practical to provide feedback routinely regarding non-selected Resources. Under ITS77, vendors are limited to one feedback request per year, which must be emailed to the Commonwealth Contract Manager. If the Eligible Entity, for whatever reason, is unable to respond to the request, the vendor may continue submitting feedback requests to the Commonwealth Contract Manager until a response is received.

Replacement of ITS77 Contractor Staff (Category 1) The Bidder must agree that if a Resource is replaced, the proposed replacement candidate will be a Resource with equivalent or better experience at no additional cost to the Eligible Entity. The Bidder must agree that no replacements of IT professionals will be made without the prior approval of the Eligible Entity, which may choose to replace the Resource by some other means. The Bidder must agree that the Commonwealth will be held harmless from any costs incurred in training the Resource or familiarizing the Resource with the work environment, unless the departure of the Resource was due to factors beyond the Bidder’s control. In that case, the Bidder must negotiate with the Eligible Entity to arrive at a reasonable allocation of the costs associated with training.

If the replacement is at the Bidder’s request, and the Bidder has made the voluntary choice to remove the Resource, the proposed replacement candidate must be available within two business days after the departure of the Resource being replaced. If the requirement for replacement is due to circumstances beyond the Bidder’s control, the Bidder may negotiate with the Eligible Entity on replacement terms, not to exceed ten business days. The Eligible Entity’s prior approval of any replacement Resource who has day-to-day dealings with the Eligible Entity is required.

If the Resource leaves for any reason within one week of placement for engagements of over one week but less than three months, or within two weeks of placement for engagements of more than three months, the Commonwealth shall not be required to pay for the services of the Resource.

Return of Commonwealth Property If the Eligible Entity will be providing Commonwealth Property to the Resource to facilitate remote work, ITS77 Contractors shall be required to sign the attached Letter of Understanding each time they enter into a contract with an Eligible Entity (see Attachment 9 Letter of Understanding regarding Commonwealth Property).

Background/ Criminal Offender Record Information (CORI) check requirements (applies to Category 1, Full Service, only) ITS77 Contractors must absorb the cost of background checks, including fingerprinting if required by the Eligible Entity or specific requirements (e.g., a child care agency may have requirements pertaining to child abuse or neglect). ITS77 Contractors should expect that Eligible Entities will require publicly available CORI checks for any Resources who will be on-site at Eligible Entity locations or who will have access to information systems operated within the Commonwealth Network. ITS77 Contractors may use the companies they normally use for background checks, provided that the information is at least as detailed and complete as that provided by publicly available CORI checks. Eligible Entities may waive this requirement, at their sole discretion, when the position is posted or may choose to retain a Resource pending a satisfactory background check. Checks that have been done previously may be used provided that they are not more than six months old.

CORI checks are done by the Criminal History System Board, located at 200 Arlington Street, Suite 2200 Chelsea MA 02150. To request publicly available CORI, go to www.mass.gov/chsb, which includes instructions and forms for requesting publicly available CORI.

The following categories of crimes will disqualify a Resource from providing services to Eligible Entities:

Data Security/Privacy Violation of any state or federal law or regulation pertaining to data security and/or privacy, including, without limitation and for example, the Fair Information Practices Act, M.G.L. Ch. 66A, and the privacy and security provisions of the Federal Health Information Portability and Accountability Act (“HIPAA”).

Wiretaps Violation of the state wiretap law, M.G.L. Ch. 272, sec. 99, or its Federal counterpart, 18 U.S.C. sec. 2511.

Computer Crimes Violation of Federal or State laws specific to computer crime, including without limitation and for example, the Federal Computer Fraud and Abuse Act, 18 U.S.C. sec. 1030 and the Massachusetts state law prohibiting electronic transmission of threats, M.G.L. Ch. 269, sec. 14 and 14A.

Crimes using information technology Violation of any state criminal laws if follow-up communication with applicant discloses that information technology (computers, networks, and peripheral devices) was used to commit the acts on which the conviction was based. The following are examples of state laws under which crimes committed using computers could theoretically be prosecuted: M.G.L. Ch. 272, sec. 29B (dissemination of child pornography); M.G.L. Ch. 272 sec. 29C (possession of child pornography); M.G.L. Ch. 265, sec. 43 (stalking) and 43A (criminal harassment). M.G.L. Ch. 275 s. 2 (threat to commit crime); M.G.L. Ch. 266 sec. 30 (larceny statute used in hacking and other data theft cases); M.G.L. Ch. 266, sec. 126A (willful and malicious destruction of property, for use in website defacement and other hacking cases); M.G.L. Ch. 266, sec. 30 (theft of intellectual property); M.G.L. Ch. 266 sec. 37E (identity fraud); M.G.L. Ch. 266 sec. 120F (unauthorized access to computer system).

Intellectual Property Violation of Federal and State laws pertaining to trade secrets, copyrights, patents, or any other form of protection of intellectual property.

White Collar Crime Violation of state criminal laws pertaining to theft, fraud, misrepresentation, tax evasion, and other forms of white collar crime.

Felony Convictions for Crimes of Violence Violation of laws pertaining to felonies committed with violence.

Identity Theft Violation of “An Act Relative To Security Freezes And Notification Of Data Breaches,” M.G.L. Ch. 82 of the Acts of 2007.

Agency-specific Restrictions Eligible Entities may augment this list if necessary depending on the Eligible Entity’s mission.

Documents required for Resource Engagement Representations by Resources All Resources placed with a Commonwealth Department must sign a document entitled “Representations by Resources,” Attachment 5 (separate file, found on the Attachments tab of this RFR). The document covers confidentiality, assignment of inventions and representation of non-infringement, and other representations. This form must also be signed by the ITS77 Vendor.

Employee Certification Form The Resource Employer must complete and sign an ITS77 Employee Certification Form, see Attachment 4 (separate…