MOITI RFR Creative Services.docx
DOCX document 205 KB Posted
- Attached to
- MOITI Creative Services RFR
- Solicitation number
- BD-25-1100-EED01-EED01-111258
- Issued by
- Suffolk County, Massachusetts
About this file
This is a Request for Response (RFR) issued by the Massachusetts Office of International Trade and Investment (MOITI) seeking creative and graphic arts design services for tradeshow booths at domestic and international trade shows. The selected vendor will develop creative designs and layouts for tradeshow booths, including the MEDICA tradeshow in Dusseldorf, Germany, with specific requirements for a 48 square meter booth (6m x 8m) with three open sides. Key deliverables include proposing 4-5 different design options, incorporating the "Team Massachusetts: Leading Future Generations" brand, and meeting a 20-day turnaround timeframe. The RFR was issued on January 8, 2025, with responses due by January 31, 2025. The initial contract term runs from March 1, 2025 through June 30, 2025, with three additional one-year extension options through June 30, 2028.
The estimated value of the procurement is $50,000. The RFR falls under the Massachusetts Small Business Purchasing Program (SBPP), giving preference to eligible small businesses with their principal place of business in Massachusetts. Bidders must submit a Supplier Diversity Plan (SDP) with a minimum commitment of 1% of contract value to certified diverse businesses. Evaluation criteria include cost (30 points), SDP Plan (25 points), scope of service response (20 points), examples of past work (10 points), experience (10 points), and organizational overview (5 points). Proposals must be submitted electronically through the COMMBUYS system.
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Other files
| File | Type | Posted |
|---|---|---|
| form_prompt-pay-discount~3.pdf | ||
| Bidders Response Form MOITI RFR.docx | DOCX document | |
| Supplier Diversity Plan Form.xlsx | XLSX spreadsheet | |
| instructions-for-vendors-responding-to-bids~1.docx | DOCX document |
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Text version
REQUEST FOR RESPONSE
MOITI Creative Services RFR RFR# EED01-TBD / COMMBUYS Bid# BD-25-1100-EED01-EED01-TBD
ISSUE DATE: 1/8/2025
| Purchasing Department |
| MOITI |
| Address |
| One Ashburton Place, Room 2101 |
| City, State Zip Code |
| Boston, MA 02108 |
| Procurement Contact Person |
| Daniel Billings |
| Telephone Number |
| 857-283-6311 |
| Fax Number |
| N/A |
| E-Mail Address |
| daniel.w.billings@mass.gov |
| RFR Name/Title |
| MOITI Creative Services RFR |
| RFR Number |
| BD-25-1100-EED01-EED01-111258 |
| COMMBUYS Bid Number |
| BD-25-1100-EED01-EED01-111258 |
Attachment A – COMMBUYS Instructions Attachment B – SBPP and SDP Plan Attachment C – Bidder’s Response Form Attachment D – IT Cloud Terms Table
1. Description or Purpose of Procurement:
The Executive Office of Economic Development is seeking a creative and graphic arts design Vendor to help manage and develop creative designs and layouts for tradeshow booths for an upcoming domestic and international trade shows.
For an example of the type of services we intended to procure, the MEDICA tradeshow in Düsseldorf, Germany is one of the largest medical B2B trade fairs in the world with over 4,500 exhibitors from 66 countries and more than 81,000 visitors from all over the world. A wide range of innovative products and services from medical imaging, laboratory technology, diagnostics, health IT, mobile health, physiotherapy, and medical consumables are presented. The conference also includes extensive forums and networking opportunities with business leaders and policymakers. The MOITI team would be looking for a firm that would be able to provide design and other creative services for a tradeshow booth and interfacing with tradeshow officials as needed.
1.2 Contract Performance and Business Specifications:
The successful creative and graphic arts design Vendor will work with the Massachusetts Office of International Trade and Investment (“MOITI”) - the Commonwealth’s primary international business development agency charged with promoting trade and investment with global partners in Massachusetts and around the world - to manage and execute the creative and graphic arts design for the tradeshow. This includes:
· Proposing several options for the look and feel of the tradeshow booth
· Understanding that the purpose of the booth is recruitment – attracting medical device companies and their suppliers to Massachusetts
· The booth will measure: 48sq meters; 6m x 8m; 3-open sides
· Conference locations often provide the shell for the booth with specifications, but the MOITI would indicate that prior to the design phase
· Potentially discussing options with conference decision makers to recommend alternative exhibit styles / base for the graphics
· Creating 4-5 different design options, with the understanding that there will be several minor iterations, and feedback from multiple partners, before finalizing
· Ability to produce within a 20-day turnaround timeframe, if needed
· There could be extreme but special circumstances when last-minute design work could be required, but the MOITI Team will alert the Vendor as quickly as possible in order to assist with the turnaround.
· The “Team Massachusetts: Leading Future Generations” brand will be incorporated into the design
· Costs associated to produce each option will be included
· Based on the selected design, Vendor will create the final artwork for the various components that will be electronically handed off to the printer in the specified format
· Understanding that this booth design will be leveraged for future trade shows
· Include a cost estimate for video production
· Upload to trade show ftp site all needed design elements and logos that are part of the booth design
1.3 Additional information:
Please include a work plan based on the requirements set forth within this RFR and provide examples of successful past events.
1.4 Performance Monitoring
The successful vendor shall provide regular progress reports with in-depth attention to organizing, planning, and managing the project to MOITI and subject MOITI oversight and final approval. The vendor shall commit to a level of service (number and experience of employees and corresponding number of full-time equivalents) as determined in the response to this RFR and shall maintain that level of service throughout the term of the contract. Additionally:
· The vendor will meet all deliverables in the work plan.
· The successful vendor is responsible for the satisfactory performance and adequate oversight of any subcontractors. Subcontracting should appear seamless to the MOITI and back-up documents shall be included with regular invoicing.
2. Applicable Procurement Law:
| Check Appropriate Box (“X”): |
| Type of Purchase |
| Applicable Laws |
Executive Branch Goods and Services
| ☒ | Goods and Services |
| MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 |
| |_| |
| Human and Social Services |
| MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00 |
| |_| |
| Legal Services |
| MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b) |
| |_| |
| Grants |
| MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00 |
3. Acquisition Method:
| Check All Applicable (“X”): |
| Category |
☒ Fee-For-Service
| |_| |
| Outright Purchase |
| |_| |
| Rental (not to exceed 6 months) |
| |_| |
| Term Lease |
| |_| |
| License |
| |_| |
| Other: |
4. Single or Multiple Contractors:
Check One (“X”):
☒ Single Contractor
| |_| |
| Multiple Contractors |
4.2 Estimated Number of Awards
The target maximum number of Contractors is 1; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.
4.3 Adding Contractors after initial Contract Award
If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies that responded to this Solicitation and not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.
5 Entities Eligible to Use the Resulting Contract:
| Check One (“X”): |
| Eligible Entities |
| ☒ |
| Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities: |
☐ Limited User Contract – Restricted to Use by Issuing Entity Only.
5.2 Agencies eligible to use this resulting contract are the following:
EOED/SEA – Secretariat of Economic Affairs:
5.3 Massachusetts Film Office (FILM),
5.4 Massachusetts Sports Marketing Office (MSMO),
5.5 Massachusetts Office of Travel and Tourism (MOTT),
5.6 Massachusetts Office of International Trade and Investment (MOITI),
5.7 Massachusetts Marketing Partnership (MMP),
5.8 Massachusetts Office of Business Development (MOBD)
6 Expected Duration of Contract (Initial Duration and any Options to Renew):
| Contract Duration |
| Number of Options |
| Number of Years/Months |
| Notes |
| Initial Duration |
| MOTT will make the selection based on vendor experience, expertise, and the ability to deliver services beginning January 1, 2024, through June 30, 2025. |
6 months
| Renewal Options |
| The potential for three additional year-long extensions is subject to performance and appropriations. |
| 3 options to renew for 1 year. |
| Total renewal options if picked up would equal 3 and a half years. |
| Total Maximum Contract Duration |
| The latest possible end date of June 30, 2028. |
7 Anticipated Expenditures, Funding, or Compensation:
Estimated Value of Procurement: $50,000 8 Small Business Purchasing Program:
Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.
SBPP Award Preference:
While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.
SBPP Participation Eligibility:
To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:
1. Have its principal place of business in the Commonwealth of Massachusetts;
2. Been in business for at least one year;
3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and
4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.
Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.
SBPP Compliance Requirements:
It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.
Program Resources and Assistance:
Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.
9 Environmentally Preferable Products:
Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.
10 Evaluation Criteria:
Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.
1. Overview: Name of organization, contact person for this quote including email and phone number. (5 points)
2. Experience: Briefly describe your organization and describe your organization’s experience. (10 points)
3. Examples: Provide two examples of successfully execute creative and graphic arts designs. (10 points)
4. Strength of bid response related to addressing scope of service: (20 points)
5. SDP Plan: Bidders responding to this RF are required to submit a Supplier Diversity Plan. Please refer to Attachment D for additional details pertaining to the SDO requirement. Search for SDO Certified Companies here: SDO List of Certified Businesses (25 points)
6. Cost: Describe how you would cost the project. (30 points)
11 Instructions for Submission of Responses:
Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix A.
Any submission that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.
12 Estimated Procurement Schedule:
| Procurement Activity |
| Date |
| Time |
| Bid Release Date |
| January 8, 2025 |
| Deadline for Submission of Questions through COMMBUYS “Bid Q&A” |
| January 15, 2025 |
| 5:30pm EST |
| Official Answers for Bid Q&A published (Estimated) |
| January 17, 2025 |
| 5:30pm EST |
| Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) |
| January 31, 2025 |
| 5:30pm EST |
| Notification of Apparent Successful Bidder(s) (Estimated) |
| February 11, 2025 |
| Estimated Contract Start Date |
| March 1, 2025 |
DEADLINE FOR RESPONSES:
Deadline Date: January 31, 20245 Deadline Time: 5:30 p.m. EST Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.
13 Online Questions (Bid Q&A):
Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.
It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep the current email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.
14 Required Bidder Qualifications:
Expressed experience in one or more of the following areas may be for any period in time but must also include related work within the past one (1) year:
· Project coordination
· Quality improvement activities
· Dashboard development
· Database maintenance, enhancement and stability
15 Required Forms:
Responses to this RFR must contain the following documents
| Check if applicable (“X”) |
| Form/Document |
| Notes/Instructions (If any) |
| |X| |
| Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions |
| |_| |
| Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) |
| |_| |
| Standard Contract Form and Instructions |
| |_| |
| Contractor Authorized Signatory Listing |
| |_| |
| Authorization for Electronic Funds Transfer |
| Electronic Submission |
| |_| |
| Additional Environmentally Preferable Products/Practices |
| Electronic Submission |
| |X| |
| Supplier Diversity Plan Form (SDP Plan Commitment) |
| Electronic Submission |
| |X| |
| Prompt Payment Discount Form |
| Electronic Submission |
| |X| |
| Business Reference Form |
| Electronic Submission |
The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).
16 Additional Requirements:
a. Contract Negotiations and Amendments:
The Purchasing Entity may negotiate changes to the original performance measures, quantities, Term length, and requirements identified in this RFR at any time, provided that such changes are consistent with the scope of this RFR. The Purchasing Entity may negotiate and execute contract amendments with the awarded Bidder(s) which the Purchasing Entity reasonably determines are within the scope of this RFR and necessary to result in best value to the Commonwealth.
b. Promotional Materials:
Bidder must not reference the Purchasing Entity or the Commonwealth in any promotional or marketing materials, including but not limited to use of the Purchasing Entity’s or the Commonwealth’s name or logo, without first obtaining the Purchasing Entity’s prior written approval for such use. Bidder must not use the Commonwealth’s seal in any promotional or marketing materials.
Bidders are discouraged from including extraneous promotional or marketing materials in their responses and excessive promotional or marketing materials may detract from the Bidders’ overall score.
c. Pending Litigation:
Bidder must affirm that there is no pending litigation involving the Bidder, Provider, or the services provided in the response that may impair or interfere with the Purchasing Entity’s right to use the services. Bidder must warrant that there are no actual or threatened actions arising from or alleged under any intellectual property rights of any third party.
d. Oral Presentations and Demonstrations:
In its discretion, the Purchasing Entity may invite one or more Bidders whose responses have been judged competitive and responsive in the course of the evaluation to participate in a facilitated oral presentation, including a demonstration of the proposed services. The Purchasing Entity may use these demonstrations and oral presentations to clarify aspects of the Bidder’s response or to inquire as to the Bidder’s approach, recommendations, and experience. The Purchasing Entity may adjust its scoring of a prospective Bidder based on the Bidder’s performance during production demonstration and/or oral presentation.
The Purchasing Entity reserves the right to apply restrictions to the structure and content of Bidder’s product demonstrations and oral presentations. Demonstrations and oral presentations shall not be open to the public nor to any competitors. The schedule of the demonstrations and oral presentations will be arranged directly with the Bidders selected by the Purchasing Entity. Failure of a Bidder to agree to a date and time may result in rejection of the Bidder’s response.
e. Review Rights:
Responses to this RFR may be reviewed and evaluated by any person(s) at the discretion of the Purchasing Entity, including non-allied and independent consultants retained by the Purchasing Entity for the sole purpose of evaluating and analyzing responses.
f. Permitted Copies:
If applicable, Bidders must authorize the Purchasing Entity to make, and retain reasonable number of machine-readable copies of all licensed, core software components included in the deliverables for testing, backup, or archival purposes (the “Permitted Copies”). Such authorization shall be provided to the Purchasing Entity at no additional cost.
g. Warranties:
The Bidder must agree to provide the following warranties. Additional warranties may be agreed to in the contract resulting from this RFR.
I. The Bidder must provide all warranties.
II. Bidder and its subcontractors will be sufficiently staffed and equipped to fulfill Bidder’s obligations under any SOW or engagement resulting from this RFR. Bidder warrants that it shall be responsible for the actions and omissions of all subcontractors and shall ensure that all subcontractors comply with the terms of an agreement resulting from this RFR.
III. Bidder’s services will be performed: (i) by appropriately qualified and trained personnel; (ii) with due care and diligence and to a high standard of quality as is customary in the industry; (iii) in compliance with the Milestone Schedule and the terms and conditions of this RFR and any contract hereunder; and (iv) in accordance with all applicable professional standards for the field of expertise.
IV. The Deliverables will substantially conform with the Deliverable descriptions set forth in any SOW or engagement resulting from this RFR.
V. Bidder will obtain all rights, grants, assignments, conveyances, licenses, permissions, and authorizations necessary or incidental to any materials owned by third parties supplied or specified by the Bidder for incorporation in the Deliverables to be developed.
17 Risk Management:
The bidder must indicate the types of system audits or assessments (e.g. SOC 2) it conducts or engages third parties to conduct on its behalf pertaining to the quoted products or services, and the frequency of such audits or assessments. Any time after submitting its Bid, upon Purchasing Entity's request, Bidder shall provide audit or assessment reports to the Purchasing Entity.
18 Performance Measures:
Vendors’ performance will be measured using the following characteristics:
· Responsiveness to bids to which they have been invited to submit a response.
· Ability to meet project deadlines as agreed.
· Ability to complete project according to agreed scope.
· Ability to complete projects within budget.
· Ability to create a comprehensive event planning project that adds value to the EOED.
19 Failure to perform contractual obligations:
As outlined in the Standard Contract Form, Terms and Conditions, and RFR, infractions may result in the following actions:
· Corrective Action Plan
· Termination
· Suspension
· Adding additional contractor
· Cover/Replacement Cost
· Liquidated Damages
20 Cost Response:
· The bidder shall submit a firm, fixed-price bid.
· Bidders are also required to provide pricing that is broken down to “a la carte” to help us better plan for additional requirements that could be needed in order to meet our needs of this procurement.
· Any Quote which fails to adhere to these requirements may be disqualified as non-responsive.
ATTACHMENT A: COMMBUYS Instructions Interested Bidders must submit their response using COMMBUYS.
Useful links:
1. Job aid on how to submit a quote: https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download
2. Webcast: How to Locate and Respond to a Bid in CommBuys, which will familiarize bidders with CommBuys terminology, basic navigation, and provide guidance for locating bid opportunities in CommBuys and submitting an online quote.
3. Bidders MUST have their complete bid fully loaded and submitted prior to the time and date listed in the calendar. COMMBUYS will not allow for bids to be submitted after the posted time.
Bidder may contact the OSD Help Desk at osdhelpdesk@mass.gov or call during normal business hours (8AM – 5PM, Monday – Friday) at 1-888-627-8283 or 617-720-3197.
Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A tab in COMMBUYS (see below for instructions). Questions may be asked prior to the Deadline for Submission of Questions stated in the Procurement Calendar. The Purchasing Entity reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.
Please note that questions submitted to the SST using another medium (including those sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has been posted.
Bidders are responsible for entering content suitable for public viewing, since all the questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise these issues or that are not in the best interest of the Commonwealth or this Bid.
All answers are final when posted. Subsequent revisions to previously provided answers will be dated.
It is the responsibility of the prospective Bidder and awarded Bidder to maintain an active registration in COMMBUYS and to keep the current email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Entity, including requests for clarification. The Purchasing Entity and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Bidder’s designated email address is not current or if technical problems, including those with the prospective Bidder’s/awarded Bidder’s computer, network, or internet service provider (ISP), cause email communications sent to/from the prospective Bidder/Awarded Bidder and the Purchasing Entity to be lost or rejected by any means, including email or spam filtering.
Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.
ATTACHMENT B: SBPP and SDP Plan Small Business Purchasing Program (“SBPP”) Instructions Bids of less than $250,000 are subject to the Small Business Purchasing Program.
Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the Purchasing Entity to award this Small Procurement to one or more SBPP participating business(es) as described below.
SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SST’s best value evaluation criteria.
SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:
1. Have its principal place of business in the Commonwealth of Massachusetts;
2. Been in business for at least one year;
3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and
4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.
Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.
SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.
Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.
Supplier Diversity Plan (“SDP”) Plan Instructions Required for bids over $250,000.
Program Background Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).
Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).
After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.
No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.
Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:
· Minority-Owned Business Enterprise (MBE)
· Minority Non-Profit Organization (M/NPO)
· Women-Owned Business Enterprise (WBE)
· Women Non-Profit Organization (W/NPO)
· Veteran-Owned Business Enterprise (VBE)
· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)
· Disability-Owned Business Enterprise (DOBE)
· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)
Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners as follows:
· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.
· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.
Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.
Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:
· SDP Partners are not required to be subcontractors.
· SDP Partners are not required to be Massachusetts-based businesses.
· SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.
SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.
Bidders may propose SDP Partners that are:
· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.
· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.
It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The Purchasing Entity and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.
It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:
· A clearly stated purpose or goal.
· Specific types of diverse and small businesses targeted.
· Which departments/units within the business are responsible for implementing supplier diversity.
· Types of opportunities for which diverse and small businesses are considered.
· Specific measures/methods of engagement of diverse and small businesses.
· An existing internal supplier diversity policy.
· Public availability of the Bidder’s supplier diversity policy.
It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:
· Serving as a mentor in a mentor-protégé relationship.
· Technical and financial assistance provided to diverse businesses.
· Participation in joint ventures between nondiverse and diverse businesses.
· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.
Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.
SDP Spending Reports and Compliance After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.
Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.
It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.
SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.
Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.
ATTACHMENT C – RFR RESPONSE FORM
Bidders should avoid including components in their responses which are not expressly requested in the RFR. If multiple options are available and responsive to the RFR, Bidders must clearly identify the differences in cost and functionality of each option.
I. Statement of Interest and Contact Information Company or Organization Name:
_______________________________________________ (“Bidder”) Bidder Address:
Bidder Contact(s):
| Name: | _________________________________________ |
| Email: | _________________________________________ |
| Phone: | _________________________________________ |
| Name: | _________________________________________ |
| Email: | _________________________________________ |
| Phone: | _________________________________________ |
By submitting this RFR Response, the Bidder hereby agrees and acknowledges that any agreement resulting from the RFR will be subject to the documents incorporated therein, as provided in Section IV (Order of Precedence) of the RFR. Subject to Section II (F) in this RFR Response Form, the Bidder agrees to all terms of the RFR, including all documents incorporated into the agreement.
II. References _X__ If marked, Bidder must describe three references to the Purchasing Entity illustrating examples in which Bidder has provided similar hardware, software, maintenance, and services to organizations of comparable size to the Purchasing Entity within the last five to ten years, if applicable. Bidders must provide the name and contact information for an individual employed by the customer. Bidders are encouraged to provide references of government organizations within the Commonwealth. Bidder agrees that the Purchasing Entity or its agents may contact any individual(s) named as references hereunder. References must be submitted in the format specified on the OSD business reference form, which is available at https://www.mass.gov/files/documents/2016/08/wd/business-reference-form_0.doc?_ga=2.37941354.891907013.1563542725-372871650.1562964984.
III. Data Classification A. Bidder must describe its information security practices and policies with respect to the Data Types identified in Section V (Data Classification) of the RFR. Additional documentation may be attached to this Response form.
IV. Business and Technical Response A. Description of the specific products/service (Deliverables, Tasks) offered:
B. If Bidder is providing services, provide a list of resource assumptions, if any, on which it is basing its bid. __________________________________________________________________________________________________________________________________________________________________________ C. Attach an unlocked, editable copy of any relevant license agreement, subscription agreement, warranty, or maintenance agreement, technical support description and any other forms or agreements related to the procurement of the Bidder’s proposed solution, in MS Word format.
V. Cost Response A. Attach a valid quote that may be used to issue a purchase order. The quote must include address and contact information for the person to whom the quote may be sent. All quotes must be valid for a minimum of ninety (90) days after the date of submission.
B. Bidder shall provide all questions related to costs to Purchasing Entity via COMMBUYS Q&A prior to submitting a Response.
ATTACHMENT D – CLOUD TERMS TABLE
The following terms shall apply to cloud solutions purchased by the Commonwealth. Bidder must provide a response to each term or provide justification as to why a term is not applicable to the offered cloud solution. These terms shall supplement any terms provided by the cloud solution provider and may be negotiated between EOTSS and the awarded Bidder.
| Category |
| Requirement |
| Bidder’s Response |
| Support and Training |
| Technical support must be provided via online helpdesk and toll-free phone number, during Business Hours (Monday through Friday from 8:00 a.m. to 6:00 p.m. Eastern Time) and 24x7x365. |
| Service Level |
| Bidder must provide a Service Level Agreement (SLA) which includes (1) guaranteed uptime percentage or at least 99.00% and (2) definition of uptime and how it is calculated |
| Service Level |
| Scheduled maintenance must be limited to ten (10) hours per month. Downtime must include the sum or unscheduled maintenance and scheduled maintenance if they exceed ten hours per month, combined. |
| Service Level |
| Scheduled maintenance must occur with at least two (2) business days’ advance notice, at agreed-upon times, and in no event during Business Hours. |
| Service Level |
| The SLA must include: (1) response and resolution times, (2) multiple levels of defect classifications, and (3) other applicable metrics based on industry standards. |
| Remedies |
| The SLA must include remedies for failure to meet guaranteed uptime, response and resolution time, and other metrics. Remedies may include fee reductions, credits, and extensions in service period at no cost. |
| Remedies |
| Repeated or consistent failures to meet SLA metrics may result in (1) a refund of all fees paid by Customer for the period in which failure occurred and (2) participation by the solution provider in a root cause analysis and corrective action plan at Customer’s request. |
| Remedies |
| If uptime is less than 98.0% three times during the Term, Customer may terminate the subscription and receive a pro-rated refund of all prepaid fees. |
| Reports |
| Customer will be provided with a written report of performance metrics, including uptime percentage and service support requests, classifications, and response and resolution times, as requested by Customer. Customer may independently audit the report at Customer’s expense. |
| Reports |
| Solution provider and Customer shall meet as often as reasonably requested by either party to review the performance of the cloud software/services. |
| Reports |
| Solution provider will provide to Customer regular status reports during unscheduled downtime, at least once per day or upon Customer’s request. |
| Reports |
| Solution provider will provide Customer with root cause analysis within thirty (30) days of unscheduled downtime. |
| Changes |
| Solution provider may not change the cloud software/services in any manner that adversely affects Customer or degrades the service levels applicable to Customer without Customer’s written approval. |
| Updates and upgrades |
| Solution provider will make updates and upgrades available to Customer at no additional cost when solution provider makes such updates and upgrades generally available to its users. |
| Updates and upgrades |
| Solution provider will notify Customer at least sixty (60) days in advance prior to any major update or upgrade. |
| Updates and upgrades |
| Solution Provider will notify Customer at least five (5) business days in advance prior to any minor update or upgrade, including hotfixes and installation of service packs, except in the case of an emergency such as a security breach. |
| Updates and upgrades |
| No update, upgrade, or other change to the cloud software/services may decrease the cloud service’s functionality; materially, adversely affect Customer’s use of, or access to, the cloud software/services; or increase the cost of the cloud software/services to Customer. |
| Customer Data |
| Customer retains full right and title to data provided by Customer and any data derived therefrom, including metadata (collectively, the “Customer Data”). |
| Customer Data |
| Solution provider shall not collect, access, or use user-specific Customer Data except as strictly necessary to provide the software and services to Customer. No information regarding Customer’s use of the cloud software/services may be disclosed, provided, rented or sold to any third party for any reason unless required by law. |
| Customer Data |
| Solution provider shall not use any information collected in connection with the agreement, including the Customer Data, for any purpose other than fulfilling its obligations under the agreement. |
| Customer Data |
| Customer Data must remain within the continental United States. Solution provider must disclose to Customer the identity of any third-party host of Customer Data. |
| Customer Data |
| Customer may export the Customer Data at any time during the Term or for up to three (3) months after the Term in an agreed-upon file format and medium. |
| Customer Data |
| Three (3) months after the termination or expiration of the Term or upon Customer’s earlier written request, solution provider shall at its own expense destroy and erase all Customer Data and Customer’s Confidential Information, unless otherwise required by law. Solution provider shall, upon request, send a written certification to Customer certifying that it has destroyed the Customer Data and Confidential Information in compliance with this section. |
| Data Privacy and Security |
| Solution provider must comply with all applicable laws related to data privacy and security. |
| Data Privacy and Security |
| Solution provider shall not access Customer user accounts, or Customer Data, except in the course of data center operations, response to service or technical issues, as required by the express terms of the agreement, or at Customer’s written request. |
| Data Privacy and Security |
| Solution provider may not share Customer Data with its parent company, other affiliate, or any other third party without Customer’s express written consent. |
| Data Privacy and Security |
| Prior to contract execution, solution provider and Customer must identify whether the solution provider or the cloud software/services will access sensitive data, including without limitation: |
Personal data under M.G.L. c. 66A Personal information under M. G. L. c. 93H and 201 CMR 17.00 Personal Health Information under the Health Insurance Portability and Accountability Act of 1996 Records under the Federal Education Rights and Privacy Act of 1974 Federal Tax Information under IRS Pub. 1075 Criminal Justice Information Criminal Offender Record Information
If solution provider or cloud software/services will store, use, access, or obtain potential access to, sensitive data, solution provider and Customer must document any additional specifications and/or requirements pertaining to the cloud software/services.
| Data Privacy and Security |
| Solution provider shall provide a secure environment for Customer Data, and any hardware and software, including servers, network and data components provided by solution provider as part of its performance, in order to protect, and prevent unauthorized access to and use or modification of, the cloud software/services and Customer Data. |
| Data Privacy and Security |
| Solution Provider will encrypt personal and non-public Customer Data in transit and at rest. |
| Data Privacy and Security |
| Customer Data must be partitioned from other data in such a manner that access to it will not be impacted or forfeited due to e-discovery, search and seizure or other actions by third parties obtaining or attempting to obtain solution provider’s records, information or data for reasons or activities that are not directly related to Customer’s business. |
| Data Privacy and Security |
| In the event of any breach of security that adversely affects Customer Data or solution provider’s obligations, or any evidence that leads solution provider to believe that such a breach is imminent, solution provider shall promptly (and in no event more than twenty-four hours after discovering such breach) notify Customer. Solution provider shall identify the affected Customer Data and inform Customer of the actions it is taking or will take to reduce the risk of further loss to Customer. Solution provider shall provide Customer the opportunity to participate in the investigation of the breach and to exercise control over reporting the unauthorized disclosure, to the extent permitted by law. |
| Data Privacy and Security |
| If sensitive data is compromised, solution provider shall be responsible for providing breach notification to data owners in coordination with Customer and the Commonwealth as required by M.G.L. ch. 93H or other applicable law or Commonwealth policy. |
| Data Privacy and Security |
| Solution provider shall indemnify, defend, and hold Customer harmless from and against any and all fines, criminal or civil penalties, judgments, damages and assessments, including reasonable expenses suffered by, accrued against, charged to or recoverable from the Commonwealth, on account of the failure of solution provider to perform its “Data Privacy and Security” obligations. |
| Disaster Recovery |
| Solution provider will maintain and follow a disaster recovery plan designed to maintain Customer access to the cloud software/services, and to prevent the unintended destruction or loss of Customer Data. In no event shall the cloud software/services be unavailable for a period in excess of twenty-four (24) hours. |
| Disaster Recovery |
| Solution provider shall review and test the disaster recovery plan regularly, at minimum twice annually. Solution provider shall back up Customer Data in an off-site “hardened” facility located within the continental United States. In the event of service failure, solution provider shall be able to restore the cloud software/services, including Customer Data, with loss of no more than twelve (12) hours of Customer Data and transactions prior to failure. |
| Records and Audit |
| Solution provider shall maintain accurate, reasonably detailed records pertaining to: (1) substantiation of claims for payment, (2) service levels, including service availability and downtime. |
| Records and Audit |
| Solution provider shall keep such records for a minimum of seven (7) years from the date of creation. |
| Records and Audit |
| Customer or its designated agent shall have the right, upon reasonable notice to solution provider, to audit, review, and copy all records collected by solution provider that may reasonably relate to Customer’s use of the cloud software/services. Such records will be made available to Customer or Customer’s agent at no cost to Customer. |
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