MTRSBdElectionRFR201508042015FINAL.pdf

Main Office One Charles Park Cambridge, MA 02142-1206 Phone 617-679-MTRS (6877) Fax 617-679-1661

Western Regional Office One Monarch Place, Suite 510 Springfield, MA 01144-4028 Phone 413-784-1711 Fax 413-784-1707

Online mass.gov/mtrs

Members of the Board

Jeff Wulfson Chairman, Designee of the Commissioner of Elementary and Secondary Education

Deborah B. Goldberg State Treasurer

Suzanne M. Bump State Auditor

Karen A. Mitchell

Dennis J. Naughton

Richard L. Liston

Anne Wass

Executive Director Erika M. Glaster

R E Q U E S T F O R R E S P O N S E

RFR title: 2015 MTRS Board Election Services

Contact: Susan Theil, Director of Communications 617-679-6844; susan.theil@trb.state.ma.us

Contents

1 Summary and purpose

2 General information

A Specifications

1 Bidder communication 2 Electronic communication: Update of bidder’s/contractor’s information 3 Reasonable accommodation 4 Public records 5 Estimated provisions 6 Conflict of interest 7 Brand name or equal 8 Alternatives 9 Best value selection and negotiation 10 Costs 11 Minimum bid duration 12 CommBuys Market Center 13 Restriction on the use of the Commonwealth seal

B Procurement calendar and response requirements

1 Procurement calendar 2 Instructions for submission of responses 3 Disqualification of proposals 4 Evaluation process 5 Supplier Diversity Program

C Components of procurement

1 Duration and renewal options 2 Acquisition method 3 Single or multiple contracts 4 Contract guidelines 5 Anticipated expenditures, funding or compensation for expected duration 6 Contract performance and business specifications

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3 Evaluation requirements and mandatory attachments

A Legal and other requirements 1 Solvency 2 Corporate good standing 3 Licenses and registrations 4 Pending litigation 5 Compliance with RFR requirements 6 Confidentiality 7 HIPAA: Business associate contractual obligations 8 Pricing: Federal Government Services Administration (GSA) or

Veteran’s Administration Supply 9 Pricing: Price limitation 10 Subcontracting policies 11 Small Business Purchasing Program

B Mandatory attachments and reading 1 Request for Taxpayer Identification Number and Certification (W–9) 2 Contractor Authorized Signature Verification Form 3 Business Reference Form 4 Supplier Diversity Program Form 5 Prompt Payment Discount Form

4 Scope of services

A Scope of services B Requirements

1 Mandatory cover letter 2 Information requested 3 Specific information 4 Cost proposal, including bidder’s mandatory cost proposal chart 5 Bidder’s checklist of required information and attachments

Exhibits

A Rules of Election (807 CMR 2.00; approved by Board June 2015)

B Miscellaneous reference

C Project specifications

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Section 1:

Summary and purpose

Every four years, the Massachusetts Teachers’ Retirement Board (“MTRS”) is required to conduct an election for the two seats held by members who must be elected by our active and retired members for a four-year term. The election occurs in anticipation of the end of the term for an affected Board member, and must be conducted in accordance with our election regulation, 807 CMR 2.00, incorporated herein as Exhibit A.

The MTRS is seeking a contractor or contractors to provide services for the fall 2015 election.

Desired services include:

■ printing and distributing voting materials (via U.S. mail to home addresses) to our approximately 150,000 eligible voters;

■ receiving and verifying votes (paper and online votes); and,

■ tabulating and certifying the final returns.

Presently, the MTRS’s voting membership consists of approximately 150,000 individuals:

90,000 active members and 60,000 retirees. Based on experience, we estimate a return rate of approximately 15–20% (22,500–30,000 votes), however, we do not guarantee a certain percentage of returns.

Section 2:

General information

The MTRS is subject to 801 Code of Massachusetts Regulations (CMR) 21.00. Accordingly, 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. Other terms not defined elsewhere in this document may be defined in Operational Service Division’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR

Unless a conflict with any other applicable law or statute arises, the MTRS will conduct itself as a “procuring department” as that term is used in 801 CMR 21.00. All terms, conditions, requirements, and procedures included in this RFR must be met for a response to be qualified as responsive. A response that fails to meet any material term, condition, requirement or procedure of this RFR may be deemed unresponsive and disqualified. The MTRS reserves the right to waive or permit cure of non-material errors or omissions. The MTRS reserves the right to modify, amend or cancel the terms of the RFR at any time.

A) Specifications

1) Bidder communication Bidders are prohibited from communicating directly with any employee of the MTRS or any member of the Procurement Management Team (“PMT”) regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through CommBuys.

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However, any and all substantive questions regarding the scope of this RFR must be submitted via CommBuys Q&A function only, on or before 4:00 p.m.

EST on August 13, 2015. Questions received after the deadline for submission will not be considered. Written answers to questions will be posted on CommBuys.

2) Electronic communication: Update of bidder’s/contractor’s contact information It is the responsibility of the prospective bidder and awarded contractor to keep current on CommBuys the e-mail address of the bidder’s contact person and prospective contract 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 bidder’s/awarded contractor’s designated e-mail 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 e-mail communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including e-mail or spam filtering.

3) Reasonable accommodation Bidders 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 contact person. Requests for accommodation will be addressed on a case-by-case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

4) Public records All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, Massachusetts General Laws (M.G.L.), Chapter 66, Section 10, and Chapter 4, Section 7, Clause Twenty-Sixth. Any statements in submitted responses that are inconsistent with these statutes will be disregarded.

5) Estimated provisions The MTRS makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates and/or past or current procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

6) Conflict of interest Prior to award of any contract, the vendor shall certify in writing to the procuring agency that no relationship exists between the vendor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the vendor and another person or organization that constitutes a conflict of interest with respect to a state contract. The MTRS may waive this provision, in writing, if these activities of the vendor will not be adverse to the interests of the Commonwealth. No official or employee of the Commonwealth who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this project shall, prior to the completion of the project, voluntarily acquire any personal interest, either directly or indirectly, in this contract or proposed contract.

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The bidder shall provide assurance that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder. The bidder shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract.

7) Brand name or equal Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any service. The MTRS will consider clearly identified offers of substantially equivalent services submitted in response to such reference.

8) Alternatives A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives that provide equivalent, better or more cost-effective performance than achievable under the stated RFR specifications. These alternatives may include related services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications. The MTRS will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

9) Best value selection and negotiation The PMT and/or the Election Officer may select the response(s) that demonstrates the “best value” overall, including proposed alternatives that will achieve the procurement goals of the MTRS. The PMT and/or the Election Officer and the selected bidder, or contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or in a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

10) Costs Costs that are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any Contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

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11) Minimum bid duration Pursuant to M.G.L. c. 106, Section 2-205, bidders’ responses/bids made in response to this RFR must remain in effect for 90 days from the date of bid submission.

12) CommBuys Market Center CommBuys is the official source of information for this bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in CommBuys, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the bid, as referenced in CommBuys, and are incorporated into the bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this bid via CommBuys. Bid Q&A supports bidder submission of written questions associated with a bid and publication of official answers.

It is each bidder’s responsibility to check CommBuys for:

n Any amendments, addenda or modifications to this bid, and n Any bid Q&A records related to this bid.

The Commonwealth accepts no responsibility and will provide no accommodation to bidders who submit a quote based on an out-of-date bid or on information received from a source other than CommBuys.

CommBuys Registration: Bidders may elect to obtain a free CommBuys Seller registration which provides value-added features, including automated email notification associated with postings and modifications to CommBuys records.

However, in order to respond to a bid, bidders must register and maintain an active CommBuys Seller account.

All bidders submitting a quote (previously referred to as Response) in response to this bid (previously referred to as Solicitation) agree that, if awarded a contract:

(1) they will maintain an active seller account in CommBuys; (2) they will, when directed to do so by the procuring entity, activate and maintain a CommBuys -enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize CommBuys for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the CommBuys system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the CommBuys website; and (6) in the event the Commonwealth adopts an alternate market center system, successful bidders will be required to utilize such system, as directed by the procuring entity.

Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The CommBuys system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the CommBuys system, please visit the CommBuys Resource Center.

Multiple quotes: Bidders may not submit multiple quotes in response to a bid unless the RFR authorizes them to do so. If a bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

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Quote content: Bid specifications for delivery, shipping, billing and payment will prevail over any proposed bidder terms entered as part of the quote, unless otherwise specified in the bid.

13) Restriction on the use of the Commonwealth seal Bidders and contractors are not allowed to display 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.

B) Procurement calendar and response requirements

1) Procurement calendar The following is the tentative time schedule for the MTRS’s search for a vendor to provide election services. All dates are subject to modification by the MTRS with notice.

Notice of election to members (by MTRS)*. . By August 1, 2015

Nomination papers available (by MTRS)* . . August 3, 2015

Issuance of RFR . . . . . . . . . . . . . . . . . . . . . . . . August 5, 2015

Deadline for submitting questions . . . . . . . August 13, 2015, 4:00 p.m. EST

Target Q&A posting date . . . . . . . . . . . . . . . . August 20, 2015

Deadline for submitting bids . . . . . . . . . . . . August 31, 2015, 4:00 p.m. EST

Selection of contractor. . . . . . . . . . . . . . . . . . . By September 28, 2015

Nomination deadline* . . . . . . . . . . . . . . . . . . . October 15, 2015

Submission of biographical data . . . . . . . . . . October 22, 2015

Ballots mailed* . . . . . . . . . . . . . . . . . . . . . . . . . By November 10, 2015

Voting deadline* . . . . . . . . . . . . . . . . . . . . . . . . December 10, 2015

Tabulated votes reported to MTRS . . . . . . . December 15, 2015

Results certified by MTRS Board . . . . . . . . . . December 18, 2015

Members’ new terms commence . . . . . . . . . . January 1, 2016

* Dates established pursuant to regulation (Appendix A)

2) Instructions for submission of responses

All responses must be submitted via CommBuys (See How to submit a quote in CommBuys, below).

Questions concerning this RFR must be submitted via CommBuys. Questions and answers regarding this RFR will be posted on CommBuys, per the procurement schedule contained in Section 2B1.

When responding to this RFR, bidders should take note of the following provisions:

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a) The MTRS reserves the right to request additional information from firms responding to this request.

b) The MTRS reserves the right to reject any and all responses to this request, to waive any minor informality in a response, to request clarification of information from any firm responding, and to effect any agreement deemed by the MTRS to be in the Commonwealth’s best interest with one or more of the firms responding. The MTRS reserves the right to amend or cancel this RFR at any time.

c) All responses and their contents submitted in response to this RFR shall become the property of the MTRS and will not be returned to the bidder.

Bidders are cautioned that ideas, techniques, information, etc., submitted as part of the bidder’s response may be used by the MTRS without separate payment to the bidder or subcontractors.

d) The MTRS will not reimburse any firm for costs associated with the preparation or submission of any response to this request.

How to submit a proposal and quote in CommBuys Instructions for vendors responding to bids in CommBuys (bidders are required to respond electronically in Commbuys)

CommBuys refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1) Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2) Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3) Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4) Click on the Bids tab.

5) Clicking on the Bid tab opens four sections:

a) Request for Revision

b) Bids/Bid Amendments

c) Open Bids

d) Closed Bids

6) Click on the blue Open Bid hyperlinks to open and review an open bid

7) A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8) After acknowledgement, the bid will open.

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The top left half of the page contains the following information:

a) Purchaser

b) Department

c) Contact for this bid

d) Type of purchase

i) Open Market

i) Blanket

e) Pre-Bid Conference details (if applicable)

f) Ship-to and Bill-to addresses

g) Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h) Bid Date

i) Required Date

j) Bid Opening Date—date the bid closes and no further quotes will be accepted

k) Informal Bid Flag

l) Date goods/services are required

9) The lower half of the page provides information about the specific goods/services the bid is requesting.

10)Click Create Quote to begin.

11) The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a) Delivery days

b) Shipping terms

c) Ship via terms

d) Is “no” bid—select if you will not be submitting a quote for this bid

e) Promised Date

f) Info Contact

g) Comments

h) Discount Percent

i) Freight Terms

j) Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

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12)The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13)Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14)The item opens. Input all of your quote information and click Save & Exit.

15)Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16)Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17)Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18)A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19)The Summary tab redisplays with an updated Status for the quote of Submitted.

20)Your quote submission is confirmed only when you receive a confirmation email from CommBuys. If you have submitted a quote and have not received an email confirmation, please contact the CommBuys Help Desk at CommBuys@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in CommBuys: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

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3) Disqualification of proposals

a) Late proposals Proposals that are received after the deadline date and time shall be automatically disqualified.

b) Nonresponsive proposals Proposals which are not responsive or which fail to comply with mandatory requirements of the RFR shall be deemed nonresponsive and shall be disqualified. Nonresponsive proposals shall include, but not be limited to those, which fail to address or meet any mandatory item, and those submitted in insufficient number, or in incorrect format.

c) Collusion Collusion by two or more bidders agreeing to act in a manner intended to avoid or frustrate fair and open competition is prohibited and shall be grounds for rejection or disqualification of a proposal or termination of this contract.

d) Debarred bidders or subcontractors A bidder who is currently subject to any Commonwealth or federal debarment order or determination, shall not be considered for evaluation by the PMT. If a bidder’s proposal is dependent upon the services of a named subcontractor and the disqualification of this named subcontractor would materially alter the proposal, then that proposal shall be deemed unresponsive if the named subcontractor is found to be debarred. Proposals that indicate that subcontractors will be used but do not rely on any specifically named subcontractor shall not be deemed unresponsive if the disqualification of a proposed subcontractor will not materially alter the proposal.

4) Evaluation process All proposals will be evaluated to determine whether or not they meet the requirements of this RFR. Without limitation by enumerating, the primary factors which will be considered include the following:

a) completeness of response, including mandatory attachments, and compliance with submission criteria (refer to Section 3), as bids that do not comply with these components will be rejected (MTRS reserves the right to allow any bidder that does not comply with the submission criteria to cure);

b) the contractor’s understanding of the work to be performed, commitment to perform the work within the schedule and ability to meet the specifications;

c) evaluation of the contractor’s election process in terms of maintaining the security and integrity of the process, guaranteeing the accuracy of the results, and maintaining voter anonymity;

d) experience of the contractor; and,

e) cost, which will include the consideration of any Prompt Pay Discounts, as well as the bidder’s Supplier Diversity Program Plan, which will be evaluated at 10 percent of the total proposal (see 5, Supplier Diversity Program, next).

The successful bid will be determined based on the one that represents the “best value” overall—both technically and cost-wise—and achieves the procurement goals. The MTRS will award the contract based on the quality of the proposal and the acceptability of the bid for the services/products offered.

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Additionally, the MTRS may request a personal interview prior to entering into a contractual agreement, and may request a bidder to modify specific aspects of their proposal prior to being offered a contract. All contracts over $50,000 are subject to approval by the Massachusetts Teachers’ Retirement Board.

5) Supplier Diversity Program

Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP.

All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation.

Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

SDP Plan Form #/Name Submitted by When submitted SDP Plan Form #1: All bidders With bid response SDP Plan Commitment SDP Plan Form #2: Newly awarded Within 30 days of Declaration of SDP Partners contractors contract execution SDP Plan Form #3: Contractors Within 45 days of SDP Spending Report the end of each quarter

Supplier Diversity Program (SDP) Resources:

■ Resources available to assist Prime Bidders in finding potential Minority

Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

■ Resources available to assist Prime Bidders in finding potential Service- Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be

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www.mass.gov/sdo

The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-training-events-and-outreach/osd-training-and-outreach.html. In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

C) Components of procurement

1) Duration and renewal options The MTRS intends to enter into a contract for the duration of the election and related activities with the selected bidder(s) for up to a one-year period for the services solicited in this RFR. The MTRS may, at its option, extend the contract for a period up to five years.

2) Acquisition method

■ Outright purchase ■✔ Fee for service

■ License ■ Tax-exempt lease purchase

■ Lease purchase ■ Term lease

■ Rental (not to exceed 6 months) ■ Other (specify)

3) Single or multiple contracts The MTRS reserves the right to award contracts to a single vendor or multiple vendors, in the best interest of the MTRS.

The contractor must agree to cooperate with such other contractors, and must not commit or permit any act that may interfere with the performance of work by any other contractor.

4) Contract guidelines This is a limited user contract, and restricted to use by defined entities only.

The MTRS reserves the right to add or remove additional authorized users at any time during the contract.

5) Anticipated expenditures, funding or compensation for expected duration It is anticipated that the cost for printing, processing and tabulation services for the 2015 election will range from $35,000–$45,000; we estimate the cost for postage to be approximately $55,000.

6) Contract performance and business specifications

a) Evaluation and selection of contractor The MTRS shall have sole authority to evaluate and make the final selection of bidder(s) for contract negotiation(s) pursuant to this RFR. The selection will be made after evaluation of both business and cost proposals by the PMT and final approval by the Election Officer.

b) Change in terms The MTRS reserves the right to modify the specifications identified in the RFR at any time prior to the closing date. The MTRS reserves the right to negotiate with the selected bidder(s) as to any element of cost or performance, 2015 MTRS Board Election Services Page 14 including without limitation, elements identified in the RFR and/or the selected bidder’s response in order to achieve the best value for the Commonwealth.

c) Termination or suspension Contractor’s services may be terminated or suspended from the MTRS’s contract for poor performance, failure to perform, fraud or other cause with two (2) weeks’ prior written notice by the MTRS. Contractors may be terminated from the contract without cause with sixty (60) days’ prior written notice. The Contractor may not terminate the contract or performance thereunder except upon a minimum of 120 days’ written notice to the MTRS.

Other terms regarding contract termination are subject to negotiation between the selected bidder(s) and the MTRS.

d) Permits and compliance The contractor shall procure and pay for all permits, licenses and approvals necessary to perform the services solicited in this RFR. The contractor shall comply with all applicable laws, ordinances, rules, orders and regulations related to the performance of the services solicited.

e) Rejection of proposals The MTRS reserves the right to reject any and all proposals submitted under this solicitation.

f) Fees subject to MTRS signatory authorization All fees must be approved by the Election Officer or her designee and are subject to verification of performance.

g) Subcontracting policies Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

h) Concurrent contracts running (renewals and transitions) The MTRS shall cancel the contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year succeeding the first year or if satisfactory performance by the contractor does not ensue. The MTRS will also have the right to sole discretion in exercising an option to renew, which will not be subject to contractor acceptance or agreement. Any assistance required for this transition must be provided in a smooth and timely manner. If at any time the contract is canceled, terminated or expires, and a contract is subsequently executed with a firm other than the Contractor, the Contractor has the affirmative obligation to assist in the smooth transition of contract services to the subsequent Contractor.

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Section 3:

Evaluation requirements and mandatory attachments

Compliance with all requirements and inclusion of all mandatory attachments listed below is mandatory in order for a bid to be accepted for further review. Lack of compliance will automatically disqualify the bidder.

A) Legal and other requirements

For each of the items listed below, the bidder must provide the required certification, statement or information that is responsive to the requirement.

1) Solvency Certification that the bidder has not been in bankruptcy and/or receivership within the last three calendar years.

2) Corporate good standing If incorporated, identification of the bidder’s state of incorporation and a statement that it is in good standing in that state, and, if the state of incorporation is not Massachusetts, a statement that the bidder has complied with all filing requirements of the Massachusetts Secretary of State.

3) Licenses and registrations A statement that the bidder meets all applicable state and federal requirements, and has all the licenses and registrations necessary to perform the contract.

4) Pending litigation Details of any pertinent judgment, criminal conviction, investigation or litigation pending against the bidder or any of its officers, directors, employees, agents, or subcontractors of which the bidder has knowledge or a statement that there are none. The MTRS reserves the right to reject a response based on this information.

5) Compliance with RFR requirements A statement that the bidder agrees to meet every specification, requirement, or condition set forth in the RFR. (This statement will not be deemed to encompass any requirement, specification, or condition for which the RFR indicates that a preference may or will be given by the MTRS. Any such requirement, specification, or condition must be met by only a bidder seeking the preference.)

6) Confidentiality All materials and information provided to the successful bidder by the MTRS or acquired by the successful bidder on behalf of the MTRS shall be regarded as confidential information in accordance with Federal and State law, and ethical standards. The successful bidder must take all necessary steps to safeguard the confidentiality of such materials or information. The successful bidder must certify that all member information will remain confidential, and that none of the information provided will be sold or otherwise transferred to any other party.

Additionally, the successful bidder must sign our Security Policy: Secure data exchange between MTRS and outside entities indicating that our data will be handled in compliance with the Commonwealth’s security policies.

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7) HIPAA: Business associate contractual obligations Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder’s obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

8) Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply The Commonwealth reserves the right to request from the successful bidder initial pricing schedules and periodic updates available under their 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, it must notify the Commonwealth contract manager.

9) Pricing: Price limitation The bidder 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 bidder 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.

10) Subcontracting policies Prior approval of the agency is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program

2015 MTRS Board Election Services Page 17 reporting requirements and are held to the same reimbursable cost standards as contractors.

11) Small Business Purchasing Program This is a Small Procurement targeted to verified small businesses participating in the Commonwealth’s Small Business Purchasing Program (SBPP). The MTRS intends to award a contract to one or more SBPP-participating businesses verified through CommBuys who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the MTRS may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp. In your response to this RFR, please indicate if you are eligible or ineligible to participate in the SBPP.

B) Mandatory attachments and reading

The bidder’s response shall include the following completed mandatory attachments, which are found under the “Attachments” tab in CommBuys:

1) Request for Taxpayer Identification Number and Certification (W–9) The W-9 Form should be completed ONLY if the bidder has not previously conducted business with the Commonwealth and been registered on the Commonwealth’s Contractor File OR if any information on a W-9 previously filed with the Commonwealth has been updated or changed.

2) Contractor Authorized Signature Verification Form If bidder is a corporation, partnership or other business entity, complete the form as indicated.

3) Business Reference Form Bidders must identify three (3) customer references for which the bidder has performed similar services as those described in this RFR or customers that can confirm the quality of the bidder’s performance on previous contract work.

4) Supplier Diversity Plan Form #1: SDP Plan Commitment Please see Section 2, Part B5, Supplier Diversity Program, for a description of the Supplier Diversity Program. Forms #2 and #3 must be submitted by the selected vendor as noted in that section.

5) Prompt Pay Discount Form All bidders 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 bidder 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 Electronic Funds Transfer 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 Vendor Web system. The PPD form can be found as an attachment for this Bid on CommBuys.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. 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 bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

The selected vendor will also be required to execute the following documents within ten (10) days of notification of selection:

n Standard Contract Form and Instructions This must be executed in order to be awarded a contract. This form must be completed and returned as part of the bidder’s RFR response or upon selection of a bidder for further negotiations. This document shall not become a final contract unless and until the MTRS accepts the bidder’s response and the Standard Contract Form is executed by the purchasing office of the MTRS.

n Commonwealth Terms and Conditions The Commonwealth Terms and Conditions shall be incorporated by reference into any contract for services executed pursuant to this RFR. A bidder is required to execute the Commonwealth Terms and Conditions only once. Complete all blanks and required information fully and accurately without modification.

n Electronic Funds Transfer (EFT) This form is found on https://massfinance.state.ma.us/VendorWeb/ eftRegisterfrm.asp. Each bidder must complete the online form, and submit either a copy of the completed form, or a screen-print of the completed online form, and submit it with its response. All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder 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 contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the

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2015 MTRS Board Election Services Page 19 program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

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 bidder. If a bidder 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 the findings with the bidder.

Section 4:

Scope of services

A) Scope of services

An individual or entity providing election services will be hired to assist the MTRS.

The successful candidate must have substantial experience in providing ongoing professional election services, support, development, and modifications related to the MTRS’s election.

B) Requirements

1) Mandatory cover letter Each proposal submission must be accompanied by a cover letter. The letter, which shall be considered an integral part of the submission, shall be signed by an individual who is authorized to bind the firm contractually, giving his or her title.

The letter must certify that all of the information contained in the submission is accurate and complete. Inaccurate or incomplete information might affect the submission adversely. The letter shall contain a statement to the effect that it constitutes an offer to provide the services requested subject to acceptance of compensation levels determined in accordance with this RFR. The letter shall also state that the proposal was prepared solely by the firm and, prior to the time at which it became due, it was not discussed with any individual outside of the firm, other than as specifically contemplated by this RFR.

2) Information requested Please provide a general description of the firm, its history, significant changes in its makeup over the last three (3) years, and its range…