Leadership Staffing Services RFR_.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MASSACHUSETTS 02108

REQUEST FOR RESPONSES

FOR

DEPARTMENTAL MASTER AGREEMENT

FOR LEADERSHIP STAFFING SERVICES

COMMBUYS BID #: BD-23-1039-EHS01-ASHWA-85401

DOCUMENT #: 23EHSKALEADERSHIPSTAFFRFR2

ISSUED: MARCH 30, 2023

TABLE OF CONTENTS

EXHIBIT 1

ATTACHMENT A

ATTACHMENT B

RFR for Departmental Master Agreement for Leadership Staffing Services Section 1. Definitions

The following terms or their abbreviations, when capitalized in this RFR and its attachments, are defined as follows, unless the context clearly indicates otherwise.

Agency - the Executive Office of Health and Human Services (EOHHS) or any department, agency, commission, office, board, division, or any other body or facility within EOHHS as set out in M.G.L. c. 6A, § 16, including the Executive Office of Elder Affairs and the Chelsea and Holyoke Soldiers’ Homes.

Bidder – an individual or organization proposing to enter into a Contract by submitting a Response (Quote) for this RFR.

Contract (or Master Agreement) – the legally enforceable agreement between EOHHS and a Contractor pursuant to this RFR.

EOHHS – the Commonwealth of Massachusetts Executive Office of Health and Human Services. EOHHS includes its constituent agencies, MassHealth program and two Soldiers’ Homes as set forth in M.G.L c. 6A, § 16.

EOHHS Facility - any EOHHS Agency location or site, including state-operated hospitals and congregate care facilities, or the Chelsea or Holyoke Soldiers’ Homes Interim Leadership Services – the services described in Section 4.2 of this RFR.

Leadership Search Services – the services described in Section 4.1 of this RFR.

Leadership Staffing Services – shall mean Leadership Search Services (Category 1) and Interim Leadership Services (Category 2), as described in Section 4 of this RFR.

MassHealth – the medical assistance or benefit programs administered by EOHHS, pursuant to M.G.L. c. 118E and Titles XIX and XXI of the Social Security Act, the § 1115 Medicaid Research and Demonstration Waiver and other applicable laws and waivers.

Procurement - the acquisition of Commodities or Services, or both, which may be made through an outright purchase, license, lease-purchase, lease, rental, fee-for-service or other method approved by OSD or authorized by law.

Qualified Vendor (or Contractor) – the selected Bidder(s) that execute a Departmental Master Agreement with EOHHS under this RFR.

Request for Response (RFR) - the mechanism used to communicate Procurement specifications and to request Responses from potential Bidders. An RFR may also be referred to as a "solicitation".

Response - a Response from a Bidder to a Request for Response (RFR) under a competitive Procurement. A Response shall include submissions commonly referred to as "bids", "quotes" or "proposals".

Section 2. Introduction And General Description

2.1 Procurement Scope and Description

The Executive Office of Health and Human Services is issuing this Request for Responses (RFR) to establish a Departmental Master Agreement (MA) which will consist of pre-qualified Qualified Vendors (Contractors) available to perform Leadership Staffing Services for EOHHS in the following two categories:

Category 1. Leadership Search Services - to assist EOHHS find candidates to be directly hired for senior, executive, managerial or other highly specialized-senior positions (Leadership Search) within EOHHS. (see Section 4.1) Category 2. Interim Leadership Services - to provide senior, executive, managerial or other highly-specialized individuals to fill open leadership positions at EOHHS on an interim temporary basis. Contractor is the employer of the Interim Leader. (see Section 4.2) EOHHS will enter into a separate Contract with each Bidder it determines is satisfactory, qualified, and suited to provide one or both categories of services, based on the criteria detailed herein. This will create a pool of “Qualified Vendors” from which EOHHS may select a particular vendor to provide required Leadership Staffing Services to meet a specific staffing need, as described through a Statement of Work.

2.2 Applicable Procurement Law; Description of Procurement

EOHHS is issuing this RFR under MGL c. 7, § 22; c. 30, § 51, § 52; and 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 and the specifications in Section 6: RFR Submission Requirements. EOHHS reserves the right to amend or terminate this RFR at any time prior to the date the Responses are due (see Section 8.6). Any such amendment will be posted to the Commonwealth’s procurement web site, COMMBUYS (see Section 8.4), which will be the sole method used for notification of changes. The RFR may be reopened at EOHHS’s discretion to allow additional Bidders to apply to become Qualified Vendors under the “open procurement” process described in Section 7.6. All Contracts with Qualified Vendors, regardless of their start date, will expire on December 31, 2025, unless extended. EOHHS expects to enter into Contracts with all Bidders EOHHS deems qualified. However, EOHHS makes no guarantee that a Contract, any Statement of Work or any obligation to purchase any services will result from this RFR.

2.3 Procurement Details:

A. Acquisition method: Contract is non-financial; Leadership Staffing Services in Categories 1 and 2 are fee for service.

B. Single or multiple vendor(s): Multiple C. Use of Procurement by single or multiple agencies: Single Limited User Contract – Restricted to Use by Defined Entity Only. Any Contract(s) resulting from this RFR will be eligible for use by EOHHS.

EOHHS reserves the right to add or remove additional authorized users during the Contract term.

D. Anticipated Duration of Contract: The Contracts that result from this RFR will have an expiration date of December 31, 2025. Any or all Contracts may be extended for up to three additional years in any increment at the discretion of EOHHS upon terms to be negotiated by the parties. The total maximum duration for any Contract is six years, including extensions. No Statement of Work for services may be executed after the Contract has expired.

E. Anticipated Payment Structure: Payment for each Statement of Work will be determined individually, based on the needs of EOHHS; the selected Qualified Vendor’s rates as negotiated by the parties, not to exceed the rates set forth in the Contract; and any job-specific payments negotiated between the parties that results in a more competitive or cost-effective Statement of Work. (See Section 5).

2.4 Qualified Vendor Requirements

To be considered for a Contract pursuant to this RFR (and therefore to become a Qualified Vendor), the Bidder (an individual or organization), in addition to all other requirements specified herein, must:

A. Submit a complete Response (Quote) to this RFR that complies with the submission requirements in Section 6, including the submission of a complete application at Attachment A;

B. Satisfy Bidder Qualifications described in Section 3 below; and C. Demonstrate through the Response the Bidder is satisfactory, qualified and suited to provide Category 1 and/or Category 2 Leadership Staffing Services described in Section 4.

Section 3: Qualified Vendor Requirements To be determined as a Qualified Vendor, a Bidder must meet the Qualified Vendor requirements of this Section 3. EOHHS may require a Bidder to provide additional information or proof of qualifications and capacity to meet the requirements at any time during the procurement process.

3.1 Entity Requirements

3.1.1. Mass. License or Registration. The Bidder must be licensed as an employment agency or registered as a placement agency with the Massachusetts Department of Labor Standards.

3.2 Fiscal Requirements

i. Bidders are required to provide their Dunn and Bradstreet number in their Response, where one is available. Bidders are also required to provide the latest Dunn and Bradstreet report on their business’ performance. Where a Dunn and Bradstreet number is not available, or not provided in the bid Response, the Bidder must provide a Certification of Good Standing from the Department of Revenue and statement of Gross Income for the last three financial periods. Additionally, these Bidders must provide a list of any outstanding contingencies and liabilities, such as lawsuits or other claims or charges against the Bidder.

ii. An audited financial statement for your last fiscal year or an unaudited financial statement for your last fiscal year, with a letter from your Chief Financial Officer certifying to the solvency of your company.

EOHHS reserves the right to request additional financial information from a Bidder or Qualified Vendor, at any time throughout the procurement or Contract duration, if EOHHS deems such information necessary to determine whether the Bidder or Qualified Vendor is or continues to be in a sound financial condition.

3.3 Liability Coverage Requirements

1. Comprehensive General Liability and Property Damage Insurance, including coverage for products and completed operations, with limits of at least $1 million for each occurrence and $3 million annual aggregate.

Category 2: Qualified Vendors

1. Workers’ Compensation Insurance with statutory minimum limits.

2. Comprehensive General Liability and Property Damage Insurance, including coverage for products and completed operations, with limits of at least $1 million for each occurrence and $3 million annual aggregate.

3. Umbrella Coverage with limits of at least $5 million per occurrence following the forms of the underlying insurance policies.

3.4 References and reference information and/or requirements

Bidders are required to submit names and contact information of three (3) business references from customers with whom there is a standing relationship of a one (1) year or greater duration. References must be familiar with Bidders’ experience with providing the Leadership Staffing Services in Categories 1 or 2 required in this RFR. References with examples of experience related to the reference are to be submitted with the application.

3.5 Largest Customers

Bidders are required to indicate their existing or prior customers, in the following categories. Responses will be reviewed to demonstrate experience, but having customers in each category is not minimum requirement for qualification. Not having customers in Massachusetts will not exclude the vendor.

1. Three largest customers;

2. Their largest government customer; and/or

3. Their largest customer in Massachusetts.

For each category of customer, the Bidder must also briefly describe the scope of the services being provided to these customers and the duration of the service relationship/contract. Customers may appear in more than category. Bidder may list additional customers in any category, but the list in total may not extend five customers.

Section 4. Contract Performance and Services Specifications

Bidders must provide services in one or more of the following Categories (1 and/or 2) to be determined a Qualified Vendor. Bidder must specify the Category number for which it is applying to be a Qualified Vendor.

4.1 Category 1: Leadership Search Services

In Category 1, Qualified Vendor provides executive leadership search services to identify, find and recruit qualified candidates to apply for open executive leadership and managerial positions within EOHHS. After execution of the Contract under this RFR, Qualified Vendors will be eligible to perform Leadership Searches for EOHHS under the general terms of the Contract. Specific terms for each Leadership Search (“Search”) will be confirmed in a Search-specific Statement of Work.

4.1.1. Leadership Search Requirements

For each executive search, the Qualified Vendor will recruit and screen prospective candidates, and present EOHHS with qualified candidates. To present a candidate to EOHHS, the Qualified Vendor will submit:

1. The candidate’s resume;

2. A written confirmation that the Qualified Vendor verified the following information:

a. education and professional credentials appearing on resume;

b. any additional credentials or experience to meet minimum requirements of the position;

c. active licensure, registration or certifications, if required for the position;

d. candidate has (or will) complied with the vaccination requirements (including COVID-19 vaccination requirements) and health and safety requirements applicable for EOHHS and/or the EOHHS facility or assignment location and any other vaccinations required by state or federal law;

e. the Qualified Vendor completed any other pre-screening requirements required by EOHHS, including any pre-screening requirements specific to an EOHHS facility, constituent agency or Soldiers’ Home; and

f. candidate passed EOHHS’ background check requirements for the Search, including compliance with 101 CMR 15.00 for CORI.

3. Results of the CORI background check, if requested.

4.1.2. Types of Leadership Positions

EOHHS may request Leadership Search Services for senior, executive, managerial or other highly specialized positions. The RFR and resulting Contract are limited to executive-level searches to assist EOHHS filling higher level positions within EOHHS.

Examples of types of Leadership positions that may be requested under the Contract include, without limit, Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Chief Medical Officer, Chief Nursing Officer and/or other unique management roles.

4.1.3. Compensation

Compensation will be project based, consistent with the Bidder’s rates as submitted in Response to this RFR. Rates must conform to the Maximum rates set forth in Exhibit 1. Rates for individual Interim Leaders will be confirmed in a Statement of Work prior to the commencement of the assignment. The project fee will conform to the requirements in RFR Exhibit 1, including:

1. The Search fees will not exceed the rates in Exhibit 1 to the RFR.

2. The payment schedule for the Search will follow the rate schedule confirmed in Exhibit 1 and the Contract, and will in part be based upon successful placement of a candidate identified through the Search. A successful placement means the candidate is offered, accepts and begins the position for which the Search was conducted. To be offered a position within the Commonwealth, all candidates must apply and be accepted through MassCareers.com.

3. The Qualified Vendor will not receive a fee if EOHHS fills the position for which the Search was conducted without Bidders’ assistance.

4. The Qualified Vendor’s fee for conducting a successful search will be subject to a guarantee, as defined by the rate schedule confirmed in the Contract.

4.1.4. Exclusivity

EOHHS may use more than one Qualified Vendor to fill a single position, unless EOHHS agrees otherwise in a Statement of Work. If EOHHS decides to enter into Statements of Work for a Search with more than one Qualified Vendor, EOHHS will inform the Qualified Vendors upon signing the Statement of Work. If EOHHS receives the same resume for a candidate from more than one vendor, EOHHS will consider the candidate to be presented by the vendor from whom EOHHS first receives the resume.

4.2 Category 2: Interim Leadership Placements

4.2.1. Interim Leadership Placements

In this category, the Qualified Vendor provides qualified individuals to fill leadership positions within EOHHS on a temporary assignment basis (to be referred to as “Interim Leaders”). EOHHS will request Interim Leaders on an as-needed, as-available basis.

The Qualified Vendor is the employer of the Interim Leaders and has sole and exclusive responsibility for the payment of wages, benefits, payroll taxes, unemployment insurance payments and maintaining worker’s compensation insurance coverage in an amount and under such terms as required by Massachusetts state law. Specific requirements or a position or assignment will be confirmed in a Statement of Work.

4.2.2. Assignments of Interim Leaders will be confirmed in a Statement of Work, including the start date, rate, anticipated length of assignment and other details as required by EOHHS.

4.2.3. The Qualified Vendor will present Interim Leader candidates to EOHHS who meet the qualifications required in the applicable Statement of Work. EOHHS may request an interview with the Interim Leader candidate prior to assignment. EOHHS may reject an Interim Leader candidate in EOHHS’ sole discretion.

4.2.4. Pre-Screening Requirements

The Qualified Vendor must pre-screen all Interim Leader candidates prior to presenting the Interim Leader to EOHHS for assignment. To present an Interim Leader candidate to EOHHS, the Qualified Vendor will submit:

1. The candidate’s resume, or equivalent statement of experience;

2. A written confirmation that the Qualified Vendor verified the following information:

a. education and professional credentials appearing on resume (or equivalent document) and required for the position;

b. any additional credentials or experience to meet minimum requirements of the position;

c. active licensure, registration or certifications to meet minimum requirements of the position;

d. candidate has met the vaccination requirements (including COVID-19 vaccination requirements) and health and safety requirements applicable for EOHHS and/or the EOHHS facility or assignment location and any other vaccinations required by state or federal law;

e. the Qualified Vendor completed any other pre-screening requirements required by EOHHS, including any pre-screening requirements specific to an EOHHS facility, constituent agency or Soldiers’ Home.

3. A written confirmation the Qualified Vendor complied the following background check requirements:

a. Qualified Vendor must obtain a standard level Massachusetts CORI background check for employment purposes on the Interim Leader and any other background checks required by the facility, or pursuant to federal or state laws or regulations, including meeting the requirements of 101 CMR 15.00. Additionally, Qualified Vendor must obtain a criminal background check of the Interim Leader in the state(s) where the Interim Leader resided in the preceding 12 months prior to the assignment start date.

b. Where an Interim Leader candidate’s background checks reveals finding(s) of criminal record for consideration under 101 CMR 15.00, the Qualified Vender will only present such Interim Leader candidate subject to clearance by EOHHS of the Interim Leader candidate for temporary assignment. If EOHHS does not clear the Interim Leader candidate, the Qualified Vender will withdraw the Interim Leader candidate and only cleared Interim Leader candidates will receive temporary assignment.

4.2.5. The Qualified Vendor must make documentation of compliance with pre-screening requirements available immediately upon EOHHS request or upon the request of the facility or agency where the Interim Leader is to be assigned.

4.2.6. On-going Requirements

Qualified Vendor must require all Interim Leaders to comply with the health, safety and operational requirements of EOHHS, including any specific requirements of the EOHHS location, throughout the term of the assignment.

4.2.7. Compensation

Compensation will be unit rate, consistent with the maximum rates attached hereto as Exhibit 1 and rate schedule confirmed in the Contract. Rates for individual Interim Leaders will be confirmed in a Statement of Work prior to the commencement of the assignment.

4.2.8. Conversion Fees

The Qualified Vendor will be permitted to charge a conversion fee for any Interim Leader hired by EOHHS as a permanent employee for the position for which they were assigned as an Interim Leader under the Contract, or equivalent position. The maximum conversion fee schedule is set forth in Exhibit 1, attached hereto. Permanent employment requires application through MassCareers.com and related hiring requirements. Qualified Vendors will submit their Conversion Fee schedule with their RFR response.

4.2.9. Termination of Interim Leader Assignment

EOHHS may require the Qualified Vendor to terminate the assignment of the Interim Leader with or without cause at any time.

Section 5: Statements of Work

5.1 How Business Will Be Conducted

When EOHHS wishes to obtain services under Categories 1 or 2, it will send a request Notice to at least two Qualified Vendors. In determining the Qualified Vendors to whom to issue the Notice, EOHHS may consider information submitted with the Qualified Vendor’s Response to this RFR, including any relevant experience and Supplier Diversity Program (SDP) commitments (see Section 8.27).

The Notice will include key components of the requested services, including the job description, minimum and desired qualifications, and deadline for responses to the Notice. A template Notice is attached to the model contract included in this RFR (see Model Contract, Attachment 1-B), but EOHHS may tailor the notice to include additional requirements.

All proposals submitted in response to a Notice shall be binding.

5.2 Service Request to Uniquely Qualified Vendor

At its discretion, EOHHS may determine that one Qualified Vendor has unique qualifications and abilities to provide services for a particular need and may issue a Notice and request a response from that Qualified Vendor exclusively.

5.3 Qualified Vendor Response to a Service Request

In response to a Notice under this section, the Qualified Vendor will:

A. Submit for EOHHS’ review, the proposed rate, and any requested documents (including resumes);

B. Certify in its response it is both willing and able to meet EOHHS’ timetable for the requested service; and C. Comply with any additional requirements or requests for information that EOHHS may specify in the Notice.

5.4 Awarding Statement of Work

Selection for Qualified Vendor status is no guarantee that the Vendor will be awarded a Statement of Work for Category 1 or 2 services under the Contract.

For each Notice requesting services, EOHHS will select the Qualified Vendor(s) that best meet(s) its staffing needs. EOHHS reserves the right to modify the Notice based upon changes in its needs and to subsequently request revised proposal submissions.

EOHHS will review all responses to a Search request and will award a Statement of Work to the Qualified Vendor it deems provides the best value overall to EOHHS. EOHHS is under no obligation to choose the Qualified Vendor that proposes the lowest budget.

5.5 Performance and Payment Time Frames Which Exceed Contract Duration

Any Statement of Work entered into during the duration of the Contract, where performance and payment time frames extend beyond the duration of the Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each Statement of Work). No Statement of Work shall extend more than one year beyond the final termination date of the Contract. No new Statements of Work may be executed after the Contract expires. Further, if this Contract terminates before the completion of a Statement of Work entered into under the Contract prior to the Contract’s expiration, and EOHHS procures a contract that succeeds this Contract (the “New Contract”), and the Contractor is on the New Contract Qualified Vendor list, EOHHS may, at its sole discretion and subject to applicable State law and regulation, enter into a new Statement of Work with the Contractor under the New Contract to complete the requested Search.

Section 6. Response Requirements

6.1 RFR Submission Checklist

All Responses to this RFR must be submitted in accordance with the submission instructions in this section. The Response must include the following items:

A. Cover Letter Bidders must submit a cover letter signed by an individual authorized to bind the Bidder contractually that includes the following:

1. The name of the Bidder’s organization, principal address, local (greater Boston) address (if applicable, and if different from principal address), and the name, address, email, fax and telephone number of the individual who should be contacted regarding any aspect of the Bidder’s submission;

2. A statement that the submission is in response to EOHHS’s RFR for Departmental Master Agreement for Leadership Staffing Services;

3. The Category or Categories under this RFR for which the Bidder is applying; and

4. The name(s) and title(s) of the individual(s) designated to negotiate with EOHHS, if different from the individual identified in subsection A.1, above.

B. Application Bidders must complete the “Application” found at Attachment A of this RFR. The Application will be reviewed to determine Bidders’ qualifications to provide Leadership Staffing Services under the Departmental Master Agreement. Bidders must respond to each question in the Application, and clearly label all attachments to their application with the section number of the application to which the attachments apply.

C. Required Forms Bidders must complete, sign, and submit the following forms. These may be downloaded from the “File Attachments” section for this posting on the COMMBUYS website.

1. Commonwealth of Massachusetts Standard Contract Form: Fill out the Contractor-related boxes on the top left of the form and have a signatory sign it as an indication of acceptance of the form’s terms and conditions. The Qualified Vendors will execute a fully completed Standard Contract Form at the conclusion of the selection process.

2. Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification

3. Contractor Authorized Signatory Listing

4. Supplier Diversity Plan Form (SDP) (see Section 8.27)

5. Prompt Payment Discount Form (PPD) (see Section 8.20) Two other RFR-required documents are available and must be downloaded from the list of File Attachments for Bidder review: a) Standard Contract Form Instructions, Contractor Certifications, and Commonwealth Terms and Conditions; and b) Commonwealth Terms and Conditions. It is expected that any Bidder’s legal review of the required contract forms will be done prior to a Quote submission; the Commonwealth Terms and Conditions, the Commonwealth’s Standard Contract Form, and many of the terms and conditions set forth in the model Contract (Attachment B) are not negotiable.

6.2 Submitting Responses (Quotes) to this RFR

6.2.1. General Submission Instructions

All procurements posted on COMMBUYS, known as Bids, require the submission of electronic Responses, also known as Quotes. To submit an electronic Response/Quote Respondents must register and maintain an active COMMBUYS Vendor registration. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at osdhelpdesk@mass.gov. Instructions for creating a Quote can be found in the document titled “How to Create a Quote in COMMBUYS” available by clicking the link “Job Aids for Vendors” on the COMMBUYS landing page at www.commbuys.com. In addition, there is an e-learning module, How to Locate and Respond to Bid Solicitations, that Respondents may find helpful. See Section 8.4 of this RFR for further information about COMMBUYS.

Interested Bidders must submit their RFR responses by the date and time in the Procurement Timetable in Section 6.4. Quotes must be fully uploaded in COMMBUYS before the Bid Opening Date and time (deadline for submissions) has passed. Responses submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. Any response submitted after this deadline or incomplete will not be evaluated and considered. Individual requests for extensions of time for submitting responses will be denied.

Bidders selected for Contract award may be asked to submit one or more paper originals of their RFR response to the RFR Contact named in Section 8.5 during the contract execution process.

All responses become the property of the Commonwealth of Massachusetts.

6.2.2. Multiple Quotes

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

6.2.3. Quote Content

RFR 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 RFR.

6.3 RFR Inquiries

Potential Bidders may make written inquiries concerning the RFR no later than the date and time specified in the timetable in Section 6.4. Written inquiries shall be sent via email to the RFR Contact listed in Section 8.5. Microsoft Word is the preferred file format; the questions should be numbered but not in a tabular format. A plain text email is also acceptable. Questions that are not provided in non-tabular Word format or plain text email or received after the deadline may be disregarded. EOHHS will review inquiries received by that date and, at its discretion, prepare written Bids to questions which EOHHS determines to be of general interest and that help to clarify the RFR. EOHHS reserves the right to edit questions for brevity or clarity. Any written Quote will be posted on COMMBUYS. Only written Bids will be binding on EOHHS.

Bidders may also submit written inquiries during subsequent re-openings of the RFR for new applications. EOHHS will review inquiries and at its discretion prepare written Bids to questions which EOHHS determines to be of general interest. Any written Quote will be made available to all prospective Bidders on COMMBUYS throughout the duration of this Contract. Only written Bids will be binding on EOHHS.

6.4 Procurement Timetable

All dates except the RFR posted date are subject to change by written amendment to the RFR as per Section 8.6.

Responses will not be accepted after the Bid Opening Date indicated in line 3 of the timetable unless EOHHS has announced a new open enrollment period (see Section 7.6).

Section 7. Response Evaluation Process and Selection Criteria

An Evaluation Committee (also referred to as the “Procurement Management Team,” or “PMT”) appointed by EOHHS will evaluate all applications submitted in response to this RFR, at the time of the submission deadline as well as at any such times as the RFR is reopened for new applications.

7.1 Evaluation

A. Contractors must submit Bids that meet all the submission requirements of the RFR, described in Sections 3 and 6. The PMT will first review the Bidders submission to determine if all submission instructions were followed. For those Bidders that comply with the Quote submission instructions, the Evaluation Committee will review the Bidders based on the Bidder Qualifications listed in Section 3 as well as the criteria in the following subsection B, below.

B. Bidders will be evaluated based on the following criteria:

1. Quality of responses to the questions in Attachment A in accordance with the following criteria: appropriateness, clarity, effectiveness, and responsiveness to the needs of EOHHS;

2. Record of expertise and experience, including quality of references, relevant to performing Leadership Staffing Services described in Section 4; and

3. Potential value to EOHHS of having the Bidder available for Leadership Staffing Services on an ongoing basis.

4. Supplier Diversity Plan: The Bidder must meet the minimum requirements for the SDP, as set forth in Section 8.27.

5. EOHHS may also consider any relevant information about the Bidder known to EOHHS.

7.2 Rejection of Responses

A Bidder’s Response may be rejected at any time during the evaluation process if the Bidder:

A. Fails to demonstrate to EOHHS’s satisfaction that it meets all RFR requirements;

B. Fails to satisfy all Response Submission Requirements described in Section 6;

C. Has any interest that may, in EOHHS’s sole determination, conflict with performance of services for the Commonwealth, or that is anti-competitive; or D. Fails to reach an agreement with EOHHS on all Contract terms, including but not limited to payment provisions.

EOHHS may in its sole discretion determine that non-compliance with any RFR requirement is insubstantial. In such cases, the Evaluation Committee may seek clarification, allow the Bidder to make minor corrections, or apply a combination of these remedies.

7.3 Clarifications

The Evaluation Committee may determine some element of a Bidder’s Quote requires clarification to verify its responsiveness to the RFR or facilitate a fair assessment. In such cases, the Evaluation Committee may seek clarification from the Bidder. All Bidders will be accorded fair treatment with respect to any opportunity for clarification.

7.4 Best Value Selection and Negotiation

EOHHS will select the Response(s) which it determines demonstrate the best value overall, to EOHHS and the Commonwealth, including proposed alternatives that will achieve the procurement goals of the department. EOHHS, or a selected bidder or contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s Response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original Response.

7.5 Recommendation to Enter into Negotiations and Award Contract After evaluating the applications, the Evaluation Committee shall recommend to the Chief Human Resources Officer for EOHHS any or all Bidders for Qualified Vendor status. The Chief Human Resources Officer shall consider in deciding to select Bidders for Qualified Vendor status the Evaluation Committee’s recommendation, including regarding meeting minimum requirements, and the best interests of the Commonwealth.

EOHHS is under no obligation to award a Contract pursuant to this RFR. EOHHS may, at its discretion, enter into negotiations with selected Bidders regarding issues relevant to the Contract. A Contract award is contingent upon successful negotiation and execution of the Contract and the receipt of all necessary approvals, including that of the Office of the State Comptroller. Attachment B contains provisions that shall be incorporated into any Contract to be executed between EOHHS and each Qualified Vendor, as applicable to each Category of services for which the vendor was selected. EOHHS reserves the right to modify Attachment B as it deems necessary. Changes to the Contract after its execution by the parties shall be made only by written amendment. Contracts, if any, shall be executed by selected Bidders within 90 days of Contract award. EOHHS may elect not to contract with any selected Bidder that does not return an executed Contract to EOHHS with 90 days of the date of said notice.

7.6 Review of Qualified Vendor List

EOHHS may, at any time, review the Qualified Vendor lists under this Contract to determine whether such vendors remain qualified to be Qualified Vendors. EOHHS may terminate the Contract with any Qualified Vendor in accordance with Attachment B if EOHHS determines the Qualified Vendor is no longer qualified. EOHHS may also, in its sole discretion, terminate the Contract of an underutilized Qualified Vendor or decline to renew that Qualified Vendor’s Contract at Contract renewal time.

7.7 RFR Re-opening

Following the current submission period, the procurement will be closed for additional applications except during designated open enrollment periods, which EOHHS shall announce on the Commonwealth procurement website, COMMBUYS.com. The procurement may be reopened at EOHHS’s sole discretion. Any organizations that submit applications during the subsequent open enrollment periods must follow the same submission instructions outlined in this Section 6. Such applications will be reviewed and evaluated as described in Section 7.

Section 8. RFR Information And Additional Terms

8.1 Issuing Office

Executive Office of Health and Human Services One Ashburton Place, 11th floor Boston, MA 02108

8.2 Contract Term

All Contracts with Qualified Vendors, regardless of their start date, will expire on December 31, 2025, unless terminated earlier in accordance with Section 4 of the Commonwealth of Massachusetts Standard Contract Form. Notwithstanding the foregoing, pursuant to Section 2.3.D any or all Contracts may be extended for up to three additional years in any increment at the discretion of EOHHS upon terms to be negotiated by the parties.

8.3 Commonwealth of Massachusetts Standard Contract and Terms and Conditions

Bidders selected under this Contract agree to abide by the terms of the Commonwealth of Massachusetts Standard Contract and Terms and Conditions. EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder’s suggestion or requirement altering these documents will be disregarded.

8.4 COMMBUYS Market Center

COMMBUYS is the official source of information for this procurement (known as a BID in COMMBUYS) 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 Questions and Answers (Q&A), are components of the procurement and are incorporated into the RFR and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this procurement via COMMBUYS.

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

The following resources are provided to assist Bidders in submitting Quotes:

· Appendix B, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· An online job aid on How to Create a Quote

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

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 an RFR, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (also referred to as Response) in response to this RFR (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).

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.

Questions specific to COMMBUYS should be made to the COMMBUYS Help Desk at osdhelpdesk@mass.gov or by calling the Help Desk during normal business hours (8 am-5 pm ET Monday-Friday) at 1-888-627-8283 or 617-720-3197.

8.5 Bidder Communications

Bidders are prohibited from communicating directly with any employee of EOHHS or EOHHS agency regarding this RFR, except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR.

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

RFR Contact: Amy Butcher, Procurement Coordinator Executive Office of Health & Human Services One Ashburton Place, 11th floor Boston, MA 02108 Email: Amy.Butcher@mass.gov

8.6 Amendment to or Withdrawal of RFR

EOHHS 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 EOHHS decides to amend or clarify any part of this RFR, any written amendment will be posted on COMMBUYS.

8.7 Acceptance of Response Content

The entire contents of the Quote shall be binding on the Bidder. The specifications and contents of a successful Bidder’s response may be incorporated into the Contract.

Neither EOHHS nor the Commonwealth is obligated to procure or contract for services or supplies. EOHHS reserves the right to accept or reject any or all Bids received as a result of this RFR. Neither EOHHS nor the Commonwealth is under any obligation to return any materials submitted by a Bidder in response to this RFR.

8.8 Incorporation of RFR

This RFR and all Quote documents submitted in Quote to it by a successful Bidder will be incorporated by reference into any Contract and any Statement of Work under the Contract that may be awarded to that Bidder as a result of this RFR.

8.9 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.

8.10 Authorizations and Appropriations

Any Contract or Statement of Work resulting from this RFR is subject to all necessary federal and state approvals, as applicable, and is subject to appropriation or receipt of sufficient funding, as determined by EOHHS.

8.11 Program Modifications and New Initiatives

EOHHS shall have the option at its sole discretion and at any time after release of the RFR and during the Contract term, to modify, increase, reduce or terminate any activity related to this Contract, including all appendices and exhibits, whenever EOHHS deems necessary or reasonable to reflect any change in policy or program goals. In the event that the scope of work or portion thereof must be changed, EOHHS will provide written notice to the Contractor. EOHHS reserves the right to amend the Contract accordingly, including payments thereunder. Such new initiatives could result in expanded responsibilities. These new initiatives could include:

· New EOHHS programs;

· Expansion, reduction, or changes to existing EOHHS programs;

· Other programs as specified by EOHHS; and

· Program changes resulting from state or federal legislation, regulatory initiatives, or judicial decisions.

The parties must negotiate in good faith to implement any such initiatives proposed by EOHHS. The Contractor’s responsibilities, including staffing, space, and all other budgetary requirements, are subject to change due to implementation of such initiatives. EOHHS reserves the right to modify the budget and reimbursement due to implementation of such initiatives. In addition, the Contractor may request an opportunity to enter into negotiations with EOHHS over amendments to the Contract related to new initiatives or modified initiatives as described in this section. EOHHS may grant such a request in its sole discretion.

8.12 Non-Collusion

By submitting a Quote to this RFR, the Bidder certifies its Quote 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 services described in the RFR.

8.13 Contract Expansion

If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a…