LicensingRFR_DPS.doc

Request for Response

DPS/DFS Licensing System

The Commonwealth of Massachusetts

EXECUTIVE OFFICE OF PUBLIC SAFETY and SECURITY

Department of Public Safety

One Ashburton Place, Room 1301, Boston, MA 02108

Request for Response

DPS/DFS Licensing System

DPS RFR - DPS-ELICENSE-FY09

issued: April 6, 2009 This RFR and all responses hereto, including the winning bid, shall become public record as of the date the contract referenced herein is awarded and can be obtained from the Department of Public Safety by sending an e-mail to: DPSLicensingRFR@state.ma.us

SECTION 1 –SCOPE OF THIS PROCURMENT

SECTION 2 – ACQUISITION METHOD TO BE USED FOR THIS CONTRACT

SECTION 3 – REQUEST FOR SINGLE OR MULTIPLE CONTRACTORS

SECTION 4 – USE OF THIS PROCUREMENT BY SINGLE OR MULTIPLE DEPARTMENTS

SECTION 5 – TOTAL ANTICIPATED DURATION OF CONTRACT AND RENEWAL OPTIONS

SECTION 6 – TOTAL ANTICIPATED EXPENDITURES FOR DURATION OF THE CONTRACT

SECTION 7 – BACKGROUND INFORMATION

SECTION 8 – PLANNED VISION

SECTION 9 - CURRENT ENVIRONMENT

SECTION 10 – PROCUREMENT DELIVERABLES

SECTION 11 – PROCUREMENT AND CONTRACT CONDITIONS

SECTION 12 – INSTRUCTIONS FOR RESPONSE SUBMISSION

SECTION 13 – DEADLINE FOR REPONSES AND PROCUREMENT CALENDAR

SECTION 14 – VENDOR PRESENTATIONS

SECTION 15 – QUESTIONS AND CLARIFICATIONS

SECTION 16 – COST PROPOSAL

SECTION 17 –EVALUATION

SECTION 18 – INFORMATION TECHNOLOGY (IT) STANDARDS

SECTION 19 – FINANCIAL TERMS

SECTION 20 – MAINTENANCE AND SUPPORT

SECTION 21 – RFR ATTACHMENTS AND REQUIRED FORMS

SECTION 1 –SCOPE OF THIS PROCURMENTtc "SECTION 1 – PURPOSE OF THIS PROCURMENT" \f C \l 1 Overview

The Department of Public Safety and the Department of Fire Services (DPS/DFS) for the Commonwealth of Massachusetts jointly seek a qualified vendor to provide and deploy a turnkey automated Licensing and Inspections system to support the business operation of the agencies. It is expected and understood there will be a level of customization included within the proposed engagement to sufficiently integrate current business and technology practices. DPS/DFS is seeking both a licensing management system and an inspection management system. These systems should be fully integrated; however DPS/DFS reserves the right to purchase Licensing and Inspections systems jointly or as separate modules. Where ever possible in the RFR proposal show in detail the associated costs for the requested system features.

The proposed system must address the following business objectives of DPS/DFS:

· Licensing System that integrates collection, storage, and sharing of all data required for issuing and renewing licenses.

· Business workflow of the licensing process including the tracking of requirements like testing, continuing education credits, background checks and pre-licensing inspections;

· Browser based for use on the intranet and internet;

· Reporting and analytical tools used to support daily operations, management and public policy research and development;

· Invoicing, fee and fine tracking;

· Online payments;

· Inspection System that tracks inspections, complaints, investigations and enforcement actions, like tickets, fines or orders;

· Internet based scheduling functionality for inspectors;

· Internet Web Site login for non-agency inspectors / business partners / customers;

· Internet Web Site renewal notice / license / certificate posting to replace mailing;

· Ability to automate triggers for inspections and renewals;

· Limited access licensees to provide updates of selected personal data and initiate renewal process;

· Website with read-only information for the general public about licenses issued;

· Training of users and administrators of the proposed solutions;

· Long-term maintenance and support of proposed solutions;

Unless specified in this Request for Response (RFR), Respondents must bid on all the commodities or services requested by this RFR. The Procurement Management Team (PMT) may disqualify any Responses that indicate a Respondent (alone or with subcontractors or partnering companies) is unable or unwilling to provide all commodities or services requested.

This procurement is authorized and governed by 801 Code of Massachusetts Regulations (CMR) 21.00 and by common law principles that have been established by the Commonwealth of Massachusetts’s Courts regarding government procurements.

This RFR and all responses hereto, including the winning bid, shall become public record as of the date the contract referenced herein is awarded and can be obtained from DPS by sending an e-mail to DPSLicensingRFR@state.ma.us Request for Response Information Table 1-1: Request for Response Information

DPS is the lead agency for the solicitation for all contractual issues.

Email: DPSLicensingRFR@state.ma.us

The PMT Leader will be the sole contact person for any issues pertaining to this RFR.

SECTION 2 – ACQUISITION METHOD TO BE USED FOR THIS CONTRACTtc "SECTION 2 – ACQUISITION METHOD TO BE USED FOR THIS CONTRACT" \f C \l 1

This is a project based contract with deliverables.

SECTION 3 – REQUEST FOR SINGLE OR MULTIPLE CONTRACTORStc "SECTION 3 – REQUEST FOR SINGLE OR MULTIPLE CONTRACTORS" \f C \l 1 The contract resulting from this procurement will be awarded to a single contractor. Public employees should refer to the State Ethics Commission’s Conflict of Interest Law, M.G.L. c. 268A, and its rules and regulations, and/or consult with the State Ethics Commission, prior to submitting a response to this RFR.

SECTION 4 – USE OF THIS PROCUREMENT BY SINGLE OR MULTIPLE DEPARTMENTStc "SECTION 4 – USE OF THIS PROCUREMENT BY SINGLE OR MULTIPLE DEPARTMENTS" \f C \l 1 This procurement allows for multiple department use.

SECTION 5 – TOTAL ANTICIPATED DURATION OF CONTRACT AND RENEWAL OPTIONStc "SECTION 5 – TOTAL ANTICIPATED DURATION OF CONTRACT AND RENEWAL OPTIONS" \f C \l 1 The initial contract resulting from this RFR is expected to run for thirty-six (36) months, with up to five (5) one year options to renew, contingent upon available funding and the procuring needs of the department.

SECTION 6 – TOTAL ANTICIPATED EXPENDITURES FOR DURATION OF THE CONTRACTtc "SECTION 6 – TOTAL ANTICIPATED EXPENDITURES FOR DURATION OF THE CONTRACT" \f C \l 1 This is a project-based contract with deliverables.

SECTION 7 – BACKGROUND INFORMATIONtc "SECTION 7 – BACKGROUND INFORMATION" \f C \l 1 Introduction

DPS and DFS are state agencies within the Executive Office of Public Safety and Security (EOPS). Historically, DPS once had the regulatory authority to issue many of the licenses now under the jurisdiction of DFS. These functions were transferred to DFS upon its creation in 1996. A recent review of the licenses revealed that the core licenses have remained similar and therefore it is both logical and feasible for the two agencies to jointly issue this RFR.

DPS has regulatory, licensing and inspection oversight of a wide range of activities, businesses, and professions. This solicitation is seeking a Licensing and Inspection System for the following business units within DPS: Building Permits and Inspections for all state owned buildings, some hospitals and clinics; Engineering Licensing and Inspections; Elevator Inspections, Permits and Operator and Mechanic’s Licenses; Amusement Inspections and Licenses; Licenses and Inspections governed by the Board of Building Regulations and Standards (BBRS); certifications and inspections classified herein as Regulatory Activities. DFS is the state agency within EOPS that is responsible for training, fire safety, fire code enforcement and inspections. DFS is seeking a Licensing and Inspection System for the following business units: Fire Code Compliance Unit for licenses, permits, certificates, and inspections; Safe Cigarette Compliance Unit for permits and inspections; and Fire Protection Engineering for plan reviews, permits and inspections.

Between DPS/DFS there are 91 unique licenses and inspection types. The active licenses are approximately 160,000 and the annual inspections number approximately 136,000. As great a number as 91 individual licenses and inspection types may seem there are many similarities between them and in many cases they reside in the same data tables, use the same data entry screens and are essentially the same data set. To simplify the solicitation and cost DPS/DFS has defined a Master License Type (MLT) and has categorized each license and inspection under this paradigm: 1.) Individual; 2.) Company/Individual; 3.) Company; 4.) Inspection; 5.) Registration; and 6.) Location/Event. Each license/inspection type is listed in Section 21 with its MLT. DPS/DFS expects responses to this solicitation to provide pricing for the six (6) Master License Types. Specifically, DPS/DFS does not want responses proposing 91 unique data entry screens. Each license has a Type, Class and Number field that can be used as a unique indentifier for those licenses utilizing the same screen. In some cases there may be the need to accomidate or expand the functionality of a license to it own screen to provide for unique data or functionality. The system should be flexible enough to accomidate this expansion, from a simple affordable all inclusive licensing system to one that can be developed with more complex licensing functions and features.

DPS is located at One Ashburton Place, Room 1301, Boston MA 02108. DFS is located at 1 State Road, PO Box 1025, Stow, MA 01775. This application will be installed on server(s) at the Public Safety Data Center 200 Arlington St, Chelsea MA 02150. DPS/DFS will access the application via a TCP/IP routed wide area network. Both agencies work with agency and third-party inspectors spread across the state who are not directly connected to the wide area network that will need to access the application via the internet.

SECTION 8 –tc "SECTION 8 – CURRENT ENVIRONMENT" \f C \l 1 PLANNED VISION

The DPS/DFS vision is to consolidate outdated and inefficient technology and databases used to support the business processes of both agencies with a fully developed and mature licensing and inspections system Results and features of this engagement should include but not be limited to:

· Elimination of duplication of effort;

· Increased processing efficiencies;

· Increased automation, including real-time access to data and electronic exchange of information with interested parties named;

· Intuitive user interface;

· Improved data quality;

· Improved invoice creation and tracking;

· Management and statistical reporting;

Respondents are strongly encouraged to propose a solution that supports enhanced operational efficiency.

SECTION 9 - CURRENT ENVIRONMENT

Software: DPS uses six in-house databases and one web based application provided by a vendor. DFS uses one in-house licensing databases and one inspection database. Each database and its related applications are detailed in the License Worksheet in Section 21.

1. General License - FoxPro

Developed by DPS for the following Business Units: Engineer, Elevator, Building Inspector, Amusement, BBRS and Regulatory Activities. It primarily covers the following Master License Types: Individual and Company/Individual.

2. Inspection Database – FoxPro

Developed by DPS for the following Business Units: Building Inspection and Elevator. MLT: Inspection.

3. Amusement – MS Access

Developed by DPS to manage the inspection of Amusement rides. MLT – Company/Individual, Location/Event.

4. Regulatory Activities - MS Access

Developed by DPS for the BBRS and Regulatory Activities. Covers the following MLTs: Company/Individual and Inspection.

5. Building Permits - MS Access

Developed by DPS for the BBRS and Regulatory Activities. Covers the following MLTs: Company/Individual and Inspection.

6. BBRS – FileMaker Pro

Developed by DPS to manage the certification of Local Building Officials. MLT: Individual.

7. DPS JO – Jurisdiction On-Line

Developed by a vendor for the insurance industry and state jurisdictions to record inspection results from some insurance companies and states using the system and the status of Boiler, Pressure Vessel and Refrigeration Units as required for the certification process. In Massachusetts the state provides the first inspection and the insurance company submits results of the renewal inspection to the state. MLT: Inspection.

8. License & Permits – MS Access

Developed by DFS to manage the majority of its licenses and permits. This is a MLT: Individual, Individual/Company, Company and Location/Event

9. Code Compliance – Lotus Notes

Developed by DFS to manage all inspections and enforcement. MLT: Inspections

Network: The new system will be hosted at the Public Safety Data Center operated by the Massachusetts Criminal History Systems Board (CHSB) located at the Massachusetts Information Technology Center (MITC). DPS/DFS resides on a TCP/IP routed wide area network. DFS is connected to the Public Safety Data Center by a T-1 connection. DPS is connected via a 100 mb routed network.

Desktop: The agency end users all are using Windows XP workstations using Windows Internet Explorer 6.0.

Mobile Users: DPS inspectors currently use Blackberry Curve handheld devices for their inspections. DFS inspectors use notebook computers using Windows XP and have portable printers with wireless internet access and VPN connections.

Document Imaging: DPS currently uses EMC Application Xtender (AX) for document imaging.

Outside Interface: DPS currently has a contract with Prometric for testing services.

Staff: The following staff will use this application. DPS has 104 full time employees.

· DPS Office of Public Safety - Commissioner (1)

· Licensing and Inspection Managers (5)

· Elevator Inspectors (42)

· Engineering Inspectors (12)

· Building Inspectors (12)

· Administrative support staff (30)

· Information technology staff (2)

DFS has 19 full time employees.

· DFS Office of the State Fire Marshal Division Director (1)

· DFS Inspectors (10)

· Administrative support staff (4)

· DFS Fire Prevention Engineers (2)

· Information technology staff (2)

Additional users to the system: privately employed (3rd party) inspectors and license holders.

SECTION 10 – PROCUREMENT DELIVERABLES

Deliverable 1: Licensing & Inspections System

DPS/DFS is seeking a vendor to provide and deploy a turnkey automated Licensing system to support the business operation of the agencies that meets the following REQUIREMENTS:

1. Browser based system: The system must be browser agnostic. Please note that DFS uses MS Internet Explore 6.0 and must continue to do so for the foreseeable future.

2. Licensing: Screen must manage the six (6) Master License Types (MLT) with the ability for the user to select each of the specific sub-license types within each MLT. Allows user customization of requirements for each sub-license type (for ex: an Explosive User license requires a background check and an exam.)

a. Manage Applications intake process

b. Manage Renewal process including automatic triggers and alerting features

c. Names: current, prior, and maintain history

d. Addresses: current, prior, and maintain history

e. Robust search capabilities (including current & prior names and use of wildcards)

f. Maintains application history (including applications where no license was issued)

g. Records Continuing Education information

h. Records criminal background check results

i. Records results of any pre-inspection needed for license issuance

j. Records exam results

k. Integrates with 3rd party testing services to receive testing results via internet

l. Ability to assign application status (for ex: applied, pending, approved, suspended etc) and retain history

m. Ability to set unique fees for each sub-license type and different fees for new licenses and renewals of same sub-licenses

n. Ability to link one-to-many relationships between objects in database

o. Automated workflow – provide detailed documentation and evidence of workflow processes.

p. Data entry time savers such as drop-down tables and type-ahead for data validation

q. Some quantity of blank user-customizable fields

r. Ability for user or administrator to add new Master License and new license types

s. Document imaging functionality

t. Ability to store .jpg images

u. Ability to import photos via ‘cut and paste’ for ex: Registry of Motor Vehicles Photo.

v. Data searching, mining and analysis

w. Data reporting (management, performance, statistical)

x. Active alerting based on pre-defined conditions

3. License Printing: The system must meet the following print requirements.

a. License cards requiring a picture will be printed on a Datacard CP70

b. System must be able to print on-demand and in batch.

c. Ability to format certificate style

d. Fields that appear on each printed license are user defined for each sub-license type. (The agency may set some of the defined fields to show usage restrictions that appear on the license itself. For ex: an Explosives User license may have a Research & Development restriction, which must appear on the license card.)

4. Inspection: The inspection screens must have the ability to track inspections and enforcement actions and documents.

a. Inspections can be created independent of licenses.

b. Ability to link inspection to existing database objects (for ex: licenses, companies, individuals, events, or locations)

c. Inspection functionality must to be available to WAN intranet users and mobile device internet users

d. User-defined triggers for launching an inspection (for ex: new application, renewal, or complaint)

e. The system must have functionality to allow inspectors to self-schedule inspections

f. Ability to coordinate inspection scheduling with 3rd party inspectors and license holders via intranet and internet.

g. Produce summary report of each inspection

h. Produce a history of inspections for each entity or object in the system

5. Regulations: Ability to store/create a repository (screen, table, document etc.) of violations for each section of the Code of Massachusetts Regulations being enforced.

a. User updatable, as laws/regs change

b. Ability to for user to import templates for documents such as tickets/citations/legal orders and to be able to use licensing system data to populate those documents.

c. Functionality needed to place the specific violation from repository into enforcement document as the enforcement document must contain the violation for the citation to be valid. (cut and paste; value pass through etc.)

6. Public Access to eLicensing System: This is the public face of the system and must meet Commonwealth of Massachusetts standards for websites and adhere to the Commonwealth of Massachusetts’ Public Access Policy for E-Government Applications: www.mass.gov/itd

a. Web components will function with the same header and format used by the state portal at http://www.mass.gov/dps

b. The public website should have the ability for the public to view information about licensees as designated by each agency without requiring a login or special access

c. The license holder should have a login in and password the will allow them to view their own personal information, apply for a new or renewal license, update address information, perform ePayment transactions and print-up copies of certain license or permit documents as allowed by the business rules of each agency.

d. The 3rd party inspectors should be able to log in and view information as designated by the business rules of each agency.

e. Web data will be pulled directly from the production database.

7. Document Imaging & Management – system has ability to integrate with document imaging systems

8. Version Control: For documents, images and data

a. Dating system for documents & images on the system

b. If data is not live on either intranet or internet, then a data stamp must be present for users to see the ‘age’ of the data

9. External Interfaces:

a. Must be able to link to other databases via ODBC

b. Credit Card processing via ePayment

c. Bank Lockbox services

10. Payments and Invoices:

a. Credit Card processing via ePayment

b. Manual entry of payments

c. Ability to process refunds, bounced checks and other problem payments

d. Ability to process one payment for multiple licenses

e. Ability to process late fees

f. Invoicing feature

g. Ability to link payments to budgetary accounts and object codes

h. Reporting by accounts and object codes

i. Reconciliation retorts built-in and ad hoc

11. Administrative Interface:

a. Robust administrative tools

b. Allow for the modification of business process rules

c. Ability to define or modify workflow

d. Ability to define or add customizable fields to screens

e. Ability to add new license types to existing Master License Type forms

f. Ability to modify relationships between database objects (individual & company licenses, company & complaint, inspection & company etc.)

g. Auditing would track administrative changes

h. Admin would manage logins

12. Advanced/strong Authentication and password controls

a. Locally managed by system administrators

b. Self-management for users including username lookup and password reset via e-mail features

c. Rights would be set using groups

13. System auditing:

a. Ability to reconstruct or roll-back records to a specific date.

14. On-line help system(s):

a. Context sensitive on-screen help

b. Link back to vendors site for advanced help would be desirable

15. Documentation: Bidders must provide copies of the software package documentation with each response.

Desired Features: List cost for customizing system to add these features.

1. Geographical Information Systems

a. Ability to integrate with handheld devices (Blackberry Curve)

b. Ability to schedule inspections by geographic proximity

2. Data Validation: ability to validate street addresses against external databases

3. Document Imaging:

a. Full integration with document imaging systems

b. Image and retrieve original license application documents from the licensing screen

c. Capability to run batch OCR / ICR processes

16. Reports:

a. Third party reporting software can be used

b. Ability to add ad hoc reports to menu system

17. External Interfaces

a. MMARS – MA State accounting system

b. MA GIS System

c. 3rd party Insurance Inspections (Hartford/Travelers etc)

Deliverable 2:

Turn-key Package Installation: Although this solicitation is seeking a single interface, in order to meet enterprise security mandates:

1. The data for each agency must be stored in separate databases.

2. The installation will be done at the Public Safety Data Center in Chelsea MA

3. Provide a timetable for the installation of the standard turn-key software package.

Data Integration & Installation: Conversion of Existing Data. Attached to this solicitation is a list of all the existing license types. Each bidder is required to include in its response:

1. Cost of converting each license by Master License Type

2. Method of conversion

3. Timetable for conversion using business days as the metric

Note: DPS/DFS reserves the right to select any or all of the license types or databases to integrate into system.

Deliverable 3:

Hardware: Respondents must provide in each response requirements for the hardware platforms and configurations including server operating system software and configurations necessary to support the following:

1. Production system

2. Failover system

3. Test system

4. Disaster recovery system

5. Storage

Vendor is required to provide a quote for each of these systems. Actual amount of equipment purchased will depend upon available funding. Any hardware purchased in the remainder of this fiscal year must be delivered by June 30, 2009.

Note: DPS/DFS are not planning on replacing desktop computers, mobile devices (Blackberry Curve and notebook computers), scanners or imaging devices, or upgrading desktop software as part of this implementation, therefore the proposed solution must work on those existing components.

Deliverable 4:

Respondents must provide a detailed maintenance and support program for the systems and services proposed. Respondents may propose maintenance and support options: the costs must be associated to the maintenance and support option proposed.

Deliverable 5:

Respondents must provide a detailed training program to accommodate end users, administrators and technical support personnel. Respondents must describe their methodology to training.

SECTION 11 – PROCUREMENT AND CONTRACT CONDITIONStc "SECTION 11 – PROCUREMENT AND CONTRACT CONDITIONS" \f C \l 1 General

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 may also be identified in this RFR.

Unless otherwise specified in this RFR, all communications, Responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds, and all Cost Responses or figures must be in United States currency. All Responses must be submitted in accordance with the specific terms of this RFR.

Affirmative Market Program (MANDATORY)

Massachusetts Executive Order 390 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBE’s). As a result, M/WBE’s are strongly encouraged to submit bid responses to this RFR, either as prime Respondents, joint venture partners or subcontractors. All Respondents, regardless of their certification status, are required to submit a completed AMP Plan Form as part of their response for evaluation. It is required that AMP participation accounts for no less than 10% of the total points in the response evaluation. Higher evaluation points may be awarded to AMP Plans that show more commitments for use of certified Respondents in the primary industry directly related to the scope of the RFR, subcontracting expenditures, and partnerships for the purpose of contracting with the Commonwealth.

The PMT requires Respondents to make a significant commitment to partner with certified Minority- and Women-Owned Businesses in order to be awarded a contract. A State Office of Minority and Women Business Assistance (SOMWBA)-certified Respondent may not list itself as being an Affirmative Market Program Partner to its own company. If desired, Respondents may include a narrative statement providing further details of their AMP commitments to supplement the AMP Plan Form. The submission of this narrative statement does not replace the requirements of the AMP Plan Form. Respondents must submit one form for each M/WBE AMP relationship. Please note no Respondent will be awarded a contract unless and until the Respondent agrees to commit to at least one (1) of following three (3) AMP Components selected by the PMT:

1. Subcontracting: If a Respondent commits to Subcontracting in its AMP plan, then it must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a SOMWBA-certified company or a company that has applied for SOMWBA certification. Although this is only one of several options to meet the requirements for participation in the Affirmative Market Program, Respondent’s submission of subcontracting commitments may be weighted most heavily. The PMT will set timelines for progress reviews (either quarterly or semi-annually) for the purpose of compliance and tracking of submitted commitments. Please note that all subcontracting partnerships require inclusion of that contract between the Respondent and the M/WBE subcontractor in the Respondent’s response package.

2. Growth & Development: If a Respondent commits to Growth and Development in its AMP plan, then it must submit a written plan for education, training, mentoring, resource sharing, joint activities, or other types of assistance that would help to increase industry capacity and the pool of qualified SOMWBA-certified companies.

3. Ancillary Uses of Certified M/WBE Firm(s): If a Respondent commits to Ancillary Uses of certified M/WBE Firm(s) (or companies that have applied for SOMWBA-certification) in its AMP plan, then it must include dollar or percentage expenditure commitments for use of any of these firms with or without the use of written commitments between the Respondent and the M/WBE firm. A description of the ancillary uses of certified M/WBE’s, if any, must be included on the AMP Plan Form.

In addition, Respondents are encouraged to include additional information for the following components on their AMP Plan forms:

· Past Performance: Respondents may include information on past expenditures with SOMWBA-certified M/WBE’s during the previous two (2) years.

· Other Creative Initiatives with SOMWBA-certified companies: Respondents may include any additional AMP Partnership initiatives that further support their AMP Plans in a narrative format. If a Respondent commits to Other Creative Initiatives in its AMP plan, then it is encouraged to commit to at least one certified MBE and at least one certified WBE in the submission of its plan. In addition, Respondents can outline their own diversity programs that are available to SOMWBA-certified Respondents.

Once an AMP Plan is submitted, negotiated and approved, DPS will then monitor the contractor’s performance.

DPS cannot assist Respondents with locating potential M/WBE partners. However, resources are available to assist Respondents with finding potential M/WBE partners at: http://www.mass.gov/Aosd/docs/mwbe/AMP Resources and Guidance.doc Best Value Selection and Negotiation

The PMT will select the Response which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of DPS. The PMT and a Selected Respondent, or a Contractor, may negotiate a change in any element of Contract performance or cost identified in the original RFR or the Selected Respondent’s or Contractor’s Response which results in lower costs or in a more cost-effective or better value than was presented in the Selected Respondent’s or Contractor’s original Response.

Contract Expansion

If additional funds become available during the Contract duration period, DPS reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR, or to execute contracts with Contractors not funded in the initial selection process, subject to available funding, satisfactory Contract performance, and service or commodity need.

Electronic Communication/Update of Respondent’s/Contractor’s Contact

Information

It is the responsibility of the prospective Respondent and awarded Contractor to keep current the e-mail address of the selected Respondent’s/awarded Contractor’s contact person and prospective Project Manager, if awarded a Contract, and to monitor that e-mail inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective Respondent’s/awarded Contractor’s designated e-mail address is not current, or if technical problems, including those with the prospective Respondent’s/awarded Contractor’s computer, network, or Internet Service Provider cause email communications sent to or from the prospective Respondent/awarded Contractor and the PMT Leader/DPS Project Manger to be lost or rejected by any means including e-mail and spam filtering.

Electronic Funds Transfer

All Respondents responding to this RFR must agree to participate in the Commonwealth’s Electronic Funds Transfer (EFT) program for receiving payments, unless the Respondent can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both Contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to the Contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Office of the State Comptroller’s. Selected Respondents, upon notification of Contract award, will be required to enroll in EFT as a Contract requirement. Selected Respondents must complete and submit the Authorization for Electronic Funds Transfer. The Authorization form will be sent to DPS for review, approval, and forwarding to the Office of the State Comptroller. If the Respondent is already enrolled in the program, the Respondent may indicate so in its Response.

The requirement to use EFT may be waived by the PMT, on a case-by-case basis, if participation in the program would be unduly burdensome on the Respondent. If a Respondent is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its Response. The PMT will consider such requests on a case-by-case basis and communicate its findings to the Respondent.

Emergency Standby Commodities and/or Services

Due to a declaration of a state of emergency, where the safety and well-being of Commonwealth citizens are at risk, Massachusetts may request specific commodities and/or services from its Contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under Contract.

Such accommodations may be requested from a Contractor during an actual emergency. To accommodate such requests, Contractors may be requested, and must make every effort, to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

Environmentally Preferable Products and Services

DPS and Contractor(s) may negotiate during the Contract term to permit the substitution or additional of Environmentally Preferable Products when such products are readily available at a competitive cost and satisfy DPS’s performance needs.

Environmental Response Submission Compliance

In an effort to promote greater use of recycled and environmentally preferable products, and to minimize waste, all Responses submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover or wrapper should be included with the Response.

· Unless absolutely necessary, all Responses and copies should minimize or eliminate the use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three-ringed binders, glued materials, paper clips, and staples are acceptable.

· Respondents should submit materials in a format that allows for easy removal and recycling of paper materials.

· Respondents are encouraged to use other products that contain recycled content in the Response documents. Such products may include, but are not limited to, folders, binders, paper clips, envelopes, boxes, etc. Where appropriate, Respondents should note which products in their Responses are made with recycled materials.

· Unnecessary samples, attachments, or documents not specifically requested should not be submitted.

Estimated Provisions

DPS makes no guarantee that any commodities or 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.

Minimum Bid Duration

Pursuant to MGL Chapter 106, Section 2-205, to the extent that Respondents’ Responses relate to “goods”, as that term is defined in MGL Chapter 106, Section 2-205 they must remain in effect for 90 days from the Response Submission Deadline.

Performance and Payment Time Frames which Continue beyond the Duration of the Contract

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this Contract, and whose performance and payment time frames extend beyond the duration of this Contract, shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired. Any Contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals maintenance, or other agreements for services already in place, unless DPS also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main Contract.

Pricing: Federal Government Services Administration or Veteran’s Administration Supply

The Commonwealth reserves the right to request from the Selected Respondent(s) initial pricing schedules and periodic updates available under their Government Services Administration (GSA) or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the Contractor receives a GSA or Veteran’s Administration Supply contract at any time during this Contract period, the Contractor must notify DPS Contract Manager.

Pricing: Price Limitation

The Respondent must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the Contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the Respondent must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the Contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts

All Respondents responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Respondent can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the EFT initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s web system. The Respondent must indicate its proposed discount in the space provided on the Standard Contract Form. The PMT will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the Respondent. If a Respondent is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Respondent’s Response.

Reasonable Accommodation

Respondents with disabilities that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the PMT Leader. Requests for accommodation will be addressed on a case-by- case basis.

Respondents requesting accommodation may be required to confirm their requests in writing to the PMT Leader. The request must state that it is based on disability and specifically identify the accommodation desired. Although entities of the Commonwealth will make all reasonable efforts to accommodate the requests of Respondents with disabilities, they reserve the right to reject unreasonable requests.

Subcontracting Policies

Prior approval of DPS is required for any subcontracted service of the Contract. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

Restriction on the Use of the Commonwealth Seal

Respondents and Contractors are not allowed to the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a Contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Required Specifications for Information Technology

All IT systems and applications developed by or for Executive Department agencies or operating within the Massachusetts Access to Government Network, or MAGNet, must conform to the Enterprise Information Technology Policies, Standards and Procedures promulgated by the Commonwealth’s Chief Information Officer (CIO). Non-conforming IT systems cannot be deployed unless the purchasing agency and its Contractor have jointly applied for and received in writing from the Commonwealth’s CIO, or her designee, notice that a specified deviation will be permitted. The Enterprise Information Technology Policies, Standards and Procedures, with the exception of the Enterprise Public Access Policy for e-Government Applications and the Enterprise Public Access for e-Government Applications Standards, are available at www.mass.gov/itd (Policies, Standards & Legal). The Enterprise Public Access Policy for e-Government Applications and the Enterprise Public Access for e-Government Applications Standards are available in hard copy from the purchasing agency. Purchasing agencies may also obtain a current copy of these documents, on behalf of their contractor, by contacting the Information Technology Division’s (ITD’s) CommonHelp Group at (866) 888-2808 or via ITD’s website, www.mass.gov/itd (Key Resources). Please note that, given the pace of IT innovation, purchasing agencies and their contractors are encouraged to contact the ITD’s CommonHelp group to signal a system or application design and development initiative. Such advance notice helps to ensure conformance with the relevant Enterprise Technology Policies, Standards and Procedures. Contractor delivery of IT systems and applications that fail to conform to the Commonwealth's Enterprise Information Technology Policies, Standards and Procedures, absent the Commonwealth CIO's grant of written permission for a deviation, shall constitute breach of any Contract entered into as a result of this RFR and any subsequent Request for Responses. The Commonwealth may choose to require the Contractor, at his own cost, to re-engineer the nonconforming system for the purpose of bringing it into compliance with Commonwealth Enterprise Information Technology Policies, Standards and Procedures.

Clarification of Language in Section 11, “Indemnification”, of the Commonwealth Terms and Conditions

Pursuant to Section 11, Indemnification, of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace, or seek cover (purchase of comparable substitute commodities and services) under a Contract. “Other damages” shall not include damages to the Commonwealth as a result of third-party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the Contractor as a third-party defendant. Further, the term “other damages” shall not include, and in no event shall the Contractor be liable for, damages for the Commonwealth’s use of Contractor-provided products or services, loss of Commonwealth records or data (or other intangible property), loss of use of equipment, lost revenue, lost savings, or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two (2) times the value of the product or service (as defined in the Contract scope of work) that is the subject of the claim. Section 11 sets forth the Contractor’s entire liability under a Contract. Nothing in this section shall limit the Commonwealth’s ability to negotiate different limitations of liability in a particular Contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions. DPS interprets the term “patent and copyright infringement” to mean any intellectual property infringement, including, but not limited to, misappropriation of trade secrets.

Provisions to be Included in Contract

Project Manager

The Contractor must designate one (1) of its full-time employees (not a consultant or independent contractor) to serve as the Project Manager.

The Project Manager will be responsible for administering the Contract and managing all day-to-day operations under the Contract on behalf of the Contractor. The Contractor must notify DPS Project Manager of any change in the name, address, telephone number, fax number, or e-mail address of the Project Manager. At its discretion, DPS may require that the Contractor remove the Project Manager. DPS will require the Contractor to replace the Project Manager with an employee satisfactory to DPS. The Project Manager will be the principal point of contact with DPS.

DPS will designate one (1) of its employees to serve as DPS Project Manager, who will be responsible for administering the Contract and managing all day-to-day operations under the Contract on behalf of DPS. DPS Project Manager, alone, is not authorized to amend the Contract. DPS will notify the Contractor Project Manager of any change in the name, address, telephone number, fax number, or e-mail address of DPS Project Manager. DPS Project Manager will be the principal point of contact with the Contractor.

Invoicing

The Contractor must bill DPS by submitting an accurate invoice to DPS Project Manager. The invoices must itemize the cost of the deliverables and services billed and present clearly the basis for any calculations for items such as retainage or PPDs. DPS and the Selected Respondent will negotiate the frequency and format of each invoice. DPS will pay the Contractor through EFT.

Warranties

The selected vendor must agree to provide a twelve (12) month warranty on the delivered solution. The twelve (12) month warranty period commences as of the final acceptance of the solution, not upon any “go-live” or production use. The warranty period may be extended until such time as all nonconformities arising during the warranty period are remedied by the Contractor. The Contractor must warrant that any software provided to DPS (whether or not via a subcontractor, sublicense, etc.) contains no disabling devices. A disabling device includes any virus, worm, built-in, or use-driven mechanism, injurious or damaging algorithm, time bomb, or other software or hardware that can disable or adversely affect the use of the software (delivered by the Contractor) or harm any of DPS’s data, network, or other software. This warranty extends to third-party software delivered by the Contractors and/or its subcontractors. The Contractor must warrant that all of the technology-related components of the solution are interoperable with one another. In some cases, backward and forward compatibility among versions may also be required including, if specified by DPS in the requirements documents, interoperability with components/systems other than those implemented and/or delivered by the Contractor. DPS requires representations and warranties regarding compliance of the solution with certain federal regulations, and regarding debarment and/or exclusion of the Contractor (or its subcontractors) from federally funded programs.

Contract Termination

In the event of any termination of the Contract, the Contractor shall accomplish a complete transition of the services that the Contractor or any of its subcontractors were performing at the time of termination, to DPS, or to any replacement provider designated by DPS, without any interruption of, or adverse impact on, the services (including with respect to software licensed to DPS or the Commonwealth hereunder) or other services provided by third parties (the “Separation”). The Contractor shall cooperate with DPS and any new service provider and otherwise promptly take all steps required to assist DPS in effecting a complete Separation. The Contractor shall provide all information regarding the services or as otherwise needed for Separation, including extension of software licenses, data conversion, interface specifications, and related professional services. The Contractor shall provide for the prompt and orderly conclusion of all work, as DPS may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to DPS or DPS’s designee.

All services related to Separation shall be deemed a part of the services required by the Contract and shall be performed by the Contractor at no additional cost to DPS. The Contractor’s obligation to provide the services shall not cease until a Separation satisfactory to DPS, including the performance by the Contractor of all asset transfers and other obligations of the Contractor provided in this Section, has been completed. Additional provisions relating to Contract termination and Separation will be negotiated by the Selected Respondent and the Department.

Subcontractor Changes

Subcontractors may be used to perform work under the Contract with DPS’s prior written approval. The Contractor must provide DPS with a copy of all contracts between the Contractor and its subcontractors.