New Tutor RFR FINAL 3-19-2019.doc

Request for Response (RFR) Document Title: Tutors for Individuals COMMBUYS Bid#: BD-19-1071-AO-CON01-37038

Agency Document Number: MRC 20- TUTORS1

Program Directors:

Jessica Cimini, North District Director

Fabienne Renelien, South District Director

March 29, 2019 at 5 PM Responses to questions will be posted on COMMBUYS by:

April 5th, 2019 at 5 PM

Vendor must register on and submit proposals to COMMBUYS https://www.commbuys.com/bso/ COMMBUYS Helpdesk #: 1-888-627-8283 (8am - 5pm ET Monday - Friday)

1. DESCRIPTION OR PURPOSE OF PROCUREMENT:

This purpose of this RFR is to identify and award a list of individuals qualified to provide individual and group tutoring services for consumers of the Massachusetts Rehabilitation Commission. MRC seeks tutoring services to: Improve literacy for individuals with learning disabilities and other disabilities; augmenting the development of academic skills; assistance in developing vocational skills; prepare individuals for Hi-SET (GED) testing;

The Massachusetts Rehabilitation views tutors as teachers who have teaching experience and skills and/or particular expertise for which they have sufficient teaching skills to pass on their expertise to their students.

Tutors are encouraged to have experience in working with individuals with disabilities.

2. Contract Description

1. Acquisition Method

This is a Fee for Service contract.

2. Request for Single or Multiple Contractors

This RFR is for multiple contractors. Qualification of a Bidder under this RFR and Master Agreement does not guarantee any minimum purchase of services by MRC

3. Use of Procurement by a Single or Multiple Departments

This procurement will be issued solely by MRC.

4. Anticipated Duration of Contract, Including Renewal Options

The initial Contract term is for 5 years with a 3 year option to renew. The total duration of the Contract, including renewals, shall not exceed 8 years from the original start date (no later than 6/30/2027).

Anticipated Initial Contract Duration:

07/01/2019 through 6/30/2024

Anticipated Options to Renew:

Annually (*)

Anticipated Total Duration:

07/01/2019 through 6/30/2027

(*) Individual contracts will be renewable annually based on contractor performance, service need, and/or availability of funds. This is a rolling enrollment contract. Additional providers can be added periodically.

5. ANTICIPATED EXPENDITURES, FUNDING OR COMPENSATION FOR EXPECTED DURATION

Estimated Total Annual Funds up to: $200,000 for all contracts Individual contract amounts during any contract period are subject to a selected Bidder’s response, and may increase or decrease based upon contract negotiation, performance, service needs, appropriation, and/or the availability of funds. Federal funds will be used to fund this contract.

6. CONTRACT SPECIFICATIONS, AND CONTRACTOR QUALIFICATIONS:

The Massachusetts Rehabilitation Commission (MRC) is the State agency responsible for the administration of the Vocational Rehabilitation Program of the Rehabilitation Act. The MRC Vocational Rehabilitation Program provides a wide range of services necessary for eligible individuals to attain or retain gainful employment. The purchase of such programs and services is subject to the procurement rules and regulations of the Commonwealth of Massachusetts. This RFR initiates the process by which the MRC can purchase tutoring services from qualified providers for individuals with disabilities.

The purpose of this RFR is to identify a list of individuals qualified, interested in and available to provide individual and group tutoring services for consumers of the Massachusetts Rehabilitation Commission. MRC seeks tutoring services to improve literacy for individuals with learning disabilities and other disabilities; augmenting the development of academic skills; assistance in developing vocational skills; prepare individuals for Hi-SET(GED) testing;

The Massachusetts Rehabilitation views tutors as teachers who have teaching experience and skills and/or particular expertise for which they have sufficient teaching skills to pass on their expertise to their students.

Tutors are encouraged to have experience in working with individuals with disabilities.

There are many circumstances in which an MRC consumer might benefit from tutoring services. These circumstances are too numerous to mention, however, here are some common areas of tutoring need:

Literacy training for individuals with learning disabilities: MRC serves a large number of consumers who have learning disabilities. It is sometimes appropriate for the consumer’s Individual Plan for Employment (IPE) to include tutoring services in a skill area needed to obtain, employment. Such services may include tutoring in reading, writing, math, and development of organizational skills.

Development of Academic Skills: Some MRC consumers are participating in technical and academic training programs at colleges, universities and vocational technical schools. Academic tutoring is sometimes needed for the individual to be successful in the training program. When tutoring services are not available to students through the school, MRC may seek a qualified academic tutor.

Assistance in developing Vocational Skills: Occasionally, MRC consumers, in pursuing semi-skilled and skilled occupations or trades, benefit from one-on-one in a highly individualized, discrete skill area. For example, a consumer may be seeking a job with a window replacement company, but needs a few hours of training to acquire the self-confidence to apply for the job. An individual skilled in window replacement could be qualified and hired to provide this short-term training.

Hi-SET (GED) Preparation: Some MRC consumers need tutoring in English as a second language, preparing for GED testing, or increasing literacy (non-disability related). When these services are not available thru Adult Basic Education Centers, MRC may seek a qualified tutor.

Computer-related and Assistive Technology tutoring: For some MRC consumers, use of computer technology and related assistive technology is crucial to the individual’s successful employment. There is sometimes a need to provide the individual with training to be able to effectively use the equipment or apply the software. For this purpose, MRC may seek a qualified tutor.

Tutoring for Organizational Skills: Some individuals have extraordinary difficulties in organizing and managing their priorities, activities, tasks and time. When the cause of such organizational dysfunction has a neurological basis, i.e., rooted in a Learning Disability, Attention Deficit Hyperactivity Disorder, Brain Injury, etc. Special skills must often be learned by these individuals to compensate for the deficit. These skills may be taught by tutors who have both the particular knowledge and understanding of the disability and the experience and skill in teaching the compensatory techniques needed by the individual to function more effectively.

In addition, to tutoring services, all qualified respondents must provide an assessment of need. Such assessments must identify learning goals, teaching method, projected frequency and duration of service, and other information relevant to the consumer’s Individualized Plan for Employment (IPE). See “Reporting Requirement”.

Through this RFR, MRC will develop a list of qualified individual tutors to provide tutoring services from which to purchase an array of tutoring services.

QUALIFICATIONS FOR INDIVIDUAL TUTORS

To qualify as an individual tutor to provide tutoring services for MRC consumers, the respondent must have:

· An bachelor’s Degree or higher with a concentration in which the tutoring is being provided or;

· Associates degree or three years work experience in the field in which the tutoring is being provided or;

· Teacher certification or

· Three years’ experience providing tutoring for individuals or small groups.

All qualified individuals must have a satisfactory CORI report to receive a contract.

GENERAL EXPECTATIONS FOR INDIVIDUALS

All individual tutors providing tutoring services must meet the general qualifications.

· Ability to work with people with disabilities.

· Ability to generate timely written reports addressing referral questions and/or consumer progress.

· Ability to accurately prepare and submit timely billing.

· Ability to analyze data, draw conclusions and make recommendations.

· Professional Conduct is expected at all times

· Ability to establish and maintain good working relationships with MRC Consumer and MRC VR Consumer.

· Ability to motivate people to learn what is being taught.

· Ability to maintain accurate records.

· Ability to exercise discretion in handling confidential material.

· Ability to communicate effectively in oral and written expression.

ADDITIONAL QUALIFICATIONS

All successful respondents will be identified on a list of qualified providers. The list will indicate the particular area of expertise of the individual or organization. To determine to what extent the individual or organization special expertise has, the respondent must provide documentation. Examples:

Tutors for individuals with learning disabilities or other disabilities must provide evidence of

Qualification and experience to address the special needs of their students. Such documentation may include a college degree in a relevant field of study; specific experience in working with a particular disability, special training in tutoring persons with learning disabilities, signing and/or other communication skills in working with individuals who are deaf or hard-of-hearing.

Academic tutors should document relevant post-secondary school training or relevant work experience and experience in teaching individually or in small groups.

Tutors in Assistive Technology, vocational or trade skills should document relevant post-secondary school training or relevant work experience and experience in training people with disabilities in the use of assistive technologies.

Tutors of organizational skills should document relevant post-secondary school training or relevant work experience and specialized disability-specific experience and knowledge. For example, an organizational skills tutor for people with Specific Learning Disabilities or Attention Deficit Hyperactivity Disorder (ADHD) should be able to present knowledge and experience in addressing the organizational skills needs for individuals with these specific disabilities.

PERFORMANCE MEASURES

The following outcomes, outputs, effectiveness and measures will serve as the basis for determining the level of performance of all qualified individuals and organizations providing tutoring services for consumers of the Massachusetts Rehabilitation Commission.

Outcomes

Measure

1. Tutoring has positive outcome

1. Consumers served who achieve the tutoring goals agreed to by the consumer, counselor, and tutor within time projected in the original assessment.

2. Reports are timely

2. Monthly Report are to be received by the 15th of each month following the month in which the services were provided

3. Billing Requirements

3. Billing Reports are to be received by the 15th of each month following the month in which the services were provided

On a minimum annual basis, performance and utilization of each tutor will be reviewed by MRC

Program managers or designated staff. Tutor contracts may be terminated based on performance or quality of service issues or lack of professional conduct.

Effectiveness

Measure

1. Consumer satisfaction

1. 80% of consumers surveyed indicate satisfaction with services

2. Counselor satisfaction

2. 80% of counselors surveyed indicate satisfaction with services.

SATISFACTION SURVEYS

Effectiveness will be evaluated by consumer and counselor satisfaction surveys. MRC staff will ask each consumer to complete a consumer satisfaction survey upon completion of tutoring services. MRC staff will complete a counselor satisfaction survey for any individual tutor or organization providing tutoring services whose services were purchased. The goal is to receive a positive response rate of 80% or higher on both consumer and counselor satisfaction surveys. All satisfaction surveys will be forwarded to the contract manager who will compile the information and determine performance effectiveness.

REPORTING REQUIREMENTS

Individual Tutors and organizations providing tutoring services will provide a monthly report describing the consumer’s progress and ongoing issues and concerns.

A monthly written progress report will be provided to the referring counselor within fifteen (15) days of the end of each month. If the service is provided in less than one month, the report will be submitted within ten (15) days of service completion. The report will describe services provided, identify problems and actions taken or recommended to address the problems, and the consumer’s progress toward state goals. Progress reports will impact upon whether or not tutoring services are continued.

BILLING PROCEDURES

Services are reimbursed for those authorized units of service that are actually provided and sufficiently indicated on back up documents. Services must be authorized by the referring counselor before being provided. Back up documentation consists of a monthly list of consumers served by name, MRC client number, MRC office, the number of units of service provided, and the amount billed for that individual, and copies of monthly progress reports for all consumers served. Tutors should submit a monthly Payment Voucher (PV), a Service Delivery Report (SDR), and a monthly consumer narrative report.

The service unit is an hourly unit. Services are billed for on an hourly basis and in no less than half-hour increments. The provider may bill one half the time of the first scheduled appointment missed by the consumer. The provider must notify the referring counselor immediately that the appointment is being missed in order to seek payment. Subsequent missed appointments will not be reimbursed.

Travel Reimbursement

Providers will be reimbursed for travel time as follows:

1) It is expected that providers will travel up to one-half hour, each way, from their point of origin to their place of consultation without reimbursement.

2) Individuals will be reimbursed for the travel time beyond the one hour at their hourly rate of consultation.

3) Travel for tutor- submit monthly travel voucher using the attached travel voucher form which must be approved by the MRC Area Director. Travel is calculated by time travel to get to the Area office from home office. Backup documentation should be attached to the PV form, which specifies travel time, case review time and actual service time Bills must be submitted monthly using the Commonwealth of Massachusetts Voucher Input Form. Bills must be submitted within fifteen (15) days following the close of each calendar month. All bills must be received no later than July 31st of that fiscal year or they will not be processed. In addition, all services must be delivered to consumers by June 30th of that fiscal year. Services may not be provided unless there is an active Contract Order (CO) that has been approved, authorizing the service hours. In absence of an active CO, payment will not be approved.

FISCAL CONDITIONS

The Agency will hold funds in a Master Service Agreement (MSA). A qualified individual tutor providing tutoring services must have an executed MSA contract prior to delivery of and invoicing for services.

All contract hourly rates will be established within the designated rate range from a minimum of $$15.00 per hour to a maximum of $50.00 per hour. This range of rates has been established by the Agency through the past ten years of experience under the contract preceding this RFR and by conducting an extensive statewide survey of rates paid to tutors by public schools. The specific hourly rate within the designated range to be paid for tutoring services is subject to negotiation between the purchasing office or department and the individual tutor or organization providing tutoring services.

Specific rates for individual tutors will be negotiated locally based on fair market rates charged by tutors to other public agencies including public schools. Level of education, experience and specialization will also be considered in establishing individual tutor rates. The hourly rate negotiated for tutoring will be the same hourly rate used for the first assessment session.

However the rate per individual cannot be less than minimum wage for each individual in the group.

NOTIFICATION OF MINIMUM QUALIFICATIONS

A list of respondents who have demonstrated the minimum qualification requirements will be developed based on response review and evaluation. Any respondent seeking a contract for July 1, 2019 must submit the response to the Agency by the initial deadline of April 26, 2019. All respondents receiving contracts must be minimally qualified (see Evaluation Procedures). All qualified respondents will receive a notification of qualification from the Agency. All non-qualified respondents will receive a notification of non-qualification, a summary of the reasons for non-qualification and will be informed of their opportunity to amend and resubmit their response.

CONTRACT NEGOTIATION

Contract negotiations will be initiated by the Agency (area office or regional office) following the establishment of the qualified list. Area Offices or Central Office departments will contact qualified individuals to begin this process. The process will include an interview to establish the appropriate scope of tutoring services, hours of service and specific hourly rate within the hourly rate range. Performance goals will be established in the negotiation process. The Performance Measures Form will be used for this purpose. For reference purposes, this form is located at the end of this RFR.

5. Contract Specifications, And Contractor Qualifications

A qualified Fair Hearing Officer providing services to MRC must have an executed contract prior to preparing for, delivery of and invoicing for services.

The service unit is an hourly unit. MRC will pay for the following services: Preparing for Fair Hearing, conducting the hearing, analyzing data and writing the decision. Services are billed on an hourly basis and in no less that half-hour increments.

Travel: Reimbursement at .45 cents per mile (current reimbursement for Commonwealth of Mass employees) from home to fair hearing site. Should the Commonwealth increase travel reimbursement MRC will increase the rate for Fair Hearing Officers to the same rate.

Bills must be submitted along with the written and recorded Fair Hearing Decision using the Commonwealth of Massachusetts Voucher Input Form (PRC) according to section 8B.

All contract hourly rates will be established within the designated rate range from a minimum of $50.00 per hour to a maximum of $100 per hour. This range of rates has been established by the Agency through past experience under the contract preceding this RFR. The specific hourly rate within the designated range to be paid services is subject to negotiation between the department and the individual providing fair hearing services.

1. Cultural Competence and Communication Needs MRC is committed to awarding contracts to providers that demonstrate cultural competency. Programs shall ensure equal access to services. The following strategies are recommended:

Agency Commitment: Agency Board of Directors and administrators make a commitment to creating an environment that clearly supports services for cultural and linguistic minority populations through the mission and goals of the agency.

Job seeker Services: Program policies include language that contributes to enhancing equal access to services for all individuals residing in the Commonwealth. Program design, content, and materials are culturally and linguistically appropriate. Planning, implementation, and evaluation efforts include members of the target population (including LGBTQ+ identified / non-gender conforming persons who may benefit from culturally and linguistically appropriate policies/program design). Where possible, prevention, treatment, and rehabilitation strategies are participatory in nature in order to provide opportunities for skill building and to facilitate self-empowerment. All job seekers receive information on accessing health and human services including education on potential barriers and assistance in overcoming them. The program location and outreach activities are in settings that are most effective in reaching the target population.

Staff: All staff and volunteers, especially those who have direct contact with job seekers, reflect the diversity of the culture and language of the community/target population. Services to non-English speaking job seekers are provided by bilingual/bicultural staff. Policies on recruitment, screening, and interviewing encourage hiring of individuals whose cultural and linguistic backgrounds are appropriate. If the program does not have bilingual/bicultural staff, there is extensive training to ensure sensitive and appropriate prevention, treatment, and rehabilitation services.

2. Audit

During the term of this Agreement and for a period of six years thereafter, the Massachusetts Rehabilitation Commission, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged the Massachusetts Rehabilitation Commission, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

3. Supplier Diversity Program (SDP) The Supplier Diversity Program (formerly known as Affirmative Market Program) was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. 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.

The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified M/WBEs and SDVOBEs, because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

In support of both Executive Orders, the state tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” on a yearly basis with their Uniform Financial Report (UFR) through the Operational Services Division (OSD) eFiling site. Providers that file a UFR exemption request are required to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department is commonly referred to as the Principal Purchasing Agency (PPA).

Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments are required to complete the Form and include it with their proposal. The “SDP Plan for POS” can be found in the File Attachments Section of the respective Bid Solicitation on www.COMMBUYS.com

The evaluation criteria for this POS solicitation do not dedicate a specific percentage of the total evaluation points to the SDP Plan. However the Strategic Sourcing/Procurement Management Team (SST/PMT) has developed strong evaluation benchmarks in order to identify robust plans. While the Plan is not assigned any points in the evaluation process, the Department is unable to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with M/WBEs and SDVOBEs.

Resources available to assist providers in identifying SDP Certified Partners include:

Potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program webpage (www.mass.gov/sdp ). For a complete list of certified vendors, refer to: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx

Resources available to assist providers in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo ).

The Operational Services Division offers SDP trainings for providers. The dates of upcoming SDP trainings can be found on the OSD Training & Outreach Webpage. In addition, the SDP Webinar can be located on the Supplier Diversity Program webpage (www.mass.gov/sdp)

4. Debriefings And Appeals

Debriefing

Any Bidder that has filed an Eligible Response, but that is not selected may request a debriefing to understand the basis for the decision, and review all materials relevant to the review and the qualification and selection process. The request must be in writing and received within 14 calendar days of notification of such being sent to the Bidder. A Bidder aggrieved by the decision must participate in a debriefing as a prerequisite to filing a request for an administrative appeal. For applicants that select MRC as the agency they are applying to under this procurement, all requests for a debriefing must be sent by certified mail and addressed to:

Massachusetts Rehabilitation Commission

Attn: Director of Contracts

Contracts Department

600 Washington St., 1st Floor

Boston, MA 02111

If a debriefing is properly requested, one will be scheduled within 14 calendar days of the date the request was received. If necessary, a brief extension shall be allowed by mutual agreement of the Bidder and MRC. At the debriefing, a Bidder shall be allowed to review public records directly related to the selection decision.

Administrative Appeals

A Bidder that is not selected and who attends a debriefing may appeal the decision to the Commissioner of MRC. Requests for appeal must be sent by certified mail and addressed to:

Commissioner, Toni Wolf

Massachusetts Rehabilitation Commission

600 Washington St., 2nd Floor

Boston, MA 02111

The appeal must be filed within 14 calendar days of the debriefing meeting. The appeal must be in writing specifying the basis for the appeal and it must be based on one or more of the following grounds:

a.

The procurement failed to comply with applicable regulations and guidelines. These are limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the Operational Services Division (OSD) Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or b.

There was a fundamental unfairness in the procurement process.

The burden of proof rests with the Bidder to provide sufficient and specific evidence in support of it claim.

Requests for an appeal must specify in sufficient detail the basis for the appeal. Sufficient detail requires the identification of an applicable regulation or guideline that was not complied with or the specific facts that demonstrate that the procurement was unfair. MRC reserves the right to reject appeal requests based on grounds other than those stated above, or those submitted without sufficient detail on the basis for the appeal.

Administrative appeals are not subject to the formal procedures specified in M.G.L. c. 30A, §§ 10 & 11.

A pending appeal will not prohibit MRC from proceeding with the selected Bidder, awarding a contract or making referrals to the selected Bidder.

Acceptance/Denial of the Appeal

Within 21 calendar days of the receipt of request for an appeal, MRC will schedule a hearing date or notify the Bidder that the appeal has been deemed without merit and that it will not be heard. The Bidder and the MRC may mutually agree to extend the date for the hearing. The Commissioner’s decision on the appeal will be put in writing and sent to the Bidder within 60 calendar days of the date of the hearing on the Bidder’s appeal.

Appeals to the Operational Services Division

Non-successful Bidders who participate in the appeal process described in this Section and remain aggrieved by the decision of the Agency may appeal the decision to the Operational Services Division (OSD). The basis for an appeal to OSD is limited to the following grounds:

a.

The competitive procurement conducted by MRC failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or b.

There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove; consequently, the burden of proof rests with the Bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that MRC conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to OSD to the attention of the State Purchasing Agent at Room 1017, One Ashburton Place, Boston, MA 02108 and be received within 14 calendar days of the postmark of the notice of the Agency’s decision on the appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs a or b above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the State Purchasing Agent shall be rendered, in writing, setting forth the grounds for the decision within 60 calendar days of receipt of the appeal request. Pending appeals to the State Purchasing Agent shall not prohibit MRC from proceeding with executing contracts.

5. Additional Information a) The Bidder(s) is responsible for any and all costs associated with the preparation of the RFR response.

b) All response submissions, regardless of whether a contract is ultimately awarded to a particular Bidder, become the property of MRC.

c) The Agency may, during response review or at any time prior to selection, cancel a Request for Response or reject any or all responses if the Agency determines that such action is in the best interest of the Commonwealth.

d) The MRC and the Commonwealth of Massachusetts make no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

e) MRC reserves the right to renegotiate and adjust rates, performance terms and/or performance measures at any time during the life of the contract.

f) All materials developed by the selected Contractor(s) under this contract will remain the property of MRC.

g) All bidders must comply with CORI (Criminal Offender Records Information) requirements identified with any contract awarded as a result of this procurement.

h) Any contract resulting from this solicitation may be terminated at any time if the Contractor is unable to meet performance standards after given a reasonable opportunity to improve performance.

i) This Request for Response is developed in good faith based on needs known at the time of document preparation. Should additional information become available during the term of this contract suggesting the advisability of a different strategy and/or additional contract goals or performance benchmarks, MRC reserves the right to modify the contract accordingly, including adjusting the contract term, dates of performance, and/or contract rate structure or contract maximum obligation.

j) A Bidder unable to offer the exact commodity or service described in this RFR but believing a comparable one can be provided, is encouraged to respond and should fully explain why the substitute commodity or service meets the specifications set forth in this RFR.

k) The qualified provider must maintain an e-mail account capable of handling e-mails and attachments of appropriate size and of accessible formatting type.

l) Bidders are prohibited from communicating directly with any employee of MRC 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(s) for this RFR if this RFR is incomplete or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

6. Submission Components And Attachments

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. Additionally, bidders are responsible for posting their response (called “quote”) on the system. Bidders should review the “COMMBUYS Market Center” and “COMMBUYS Registration” sections in Appendix 2 of the Appendix document for an overview of electronic submission. Additional detail is provided in the “Instructions for Vendors Responding to Bids Electronically through COMMBUYS” section, found in Appendix 5.

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. If a Bidder requires assistance with the registration process, they may contact the COMMBUYS Help desk by email at COMMBUYS@state.ma.us or by phone at 1-888-627-8283.

Quote Submission Method. Online Quote Submission via COMMBUYS is required. All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms

7. Pricing Rates of Reimbursement for CIES Components and Hours

Rates of reimbursement are described in Section IV of this RFR and have been regulated under 144.4 CMR 10.00 as required by Chapter 257 of the Acts of 2008. See www.mass.gov\DHCFP for these regulations.

8. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information It is the responsibility of the prospective Bidder and awarded contractor to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox. MRC assumes 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 MRC to be lost or rejected by any means including email or spam filtering.

9. Filing Requirements Successful Bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application by November 15th for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or Departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a Department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

10. Virtual Gateway Virtual Gateway Business Services. The Executive Office of Health and Human Services (EOHHS) operates a number of online business services through the Virtual Gateway. These include but are not limited to, Provider Data Management (PDM), Common Intake (IE&R), Enterprise Invoice / Service Management (EIM/ESM), Home and Community Service Information System (HCSIS), Senior Information Management System (SIMS) Service and Transition Planning System (STARS).

These services permit users to access a variety of EOHHS programs and services. Virtual Gateway business services are accessible by end users with web browsers such as Internet Explorer (6.0 or above), and a broadband Internet connection that is capable of high-speed data transmission, such as a Local Area Network (LAN), a cable modem, or DSL.

Enterprise Invoice / Service Management (EIM/ESM): If MRC directs contractor during the term of this amended contract to access the EIM/ESM service through the Virtual Gateway for the purpose of conducting business with MRC , contractor agrees to use such services as directed and execute all required Use or Service Agreements required by the Virtual Gateway and to comply with all applicable Virtual Gateway, MRC and EOHHS policies and procedures related to such services, including policies pertaining to data security and protection of confidential information. Contractor further agrees to submit all information as directed by MRC, including, but not limited to, invoices, contract and/or other information to MRC through these web-based applications. Contractor further agrees to take all necessary steps to ensure that it, and its subcontractors or affiliates, complies with these requirements and has access to and utilize all required web-based services in the Virtual Gateway.

Provider Data Management (PDM): Pursuant to its obligation hereunder regarding the use of EOHHS Virtual Gateway Business Services, contractor agrees to complete and maintain an organizational profile in the Virtual Gateway’s Provider Data Management (PDM) system. PDM is a web-based service managed by the Executive Office of Health and Human Services (EOHHS) that presents information about a provider’s organizational structure, financial health, and state contracting activity. If your organization does not currently access and update PDM, you must contact the EOHHS Provider Data Management team at pos.pdm@massmail.state.ma.us or call the Virtual Gateway Helpdesk at 1-800-421-0938 for assistance.

11. System and Data Security Section 6 of the Commonwealth Terms and Conditions states:

“Confidentiality. The Contractor shall comply with M.G.L. c. 66A if the Contractor becomes a “holder” of “personal data”. The Contractor shall also protect the physical security and restrict any access to personal or other Department data in the Contractor’s possession, or used by the Contractor in the performance of a Contract, which shall include, but is not limited to the Department’s public records, documents, files, software, equipment or systems.”

In addition to the foregoing requirements, the Bidder MUST agree that as part of its work effort under the agreement entered pursuant to this RFR, the Bidder will be required to use the following Commonwealth personal data under M.G.L. c. 66A and/or personal information under M.G.L. c. 93H, or to work on or with information technology systems that contain such data in order to fulfill part of its specified tasks. For purposes of this work effort, electronic personal data and personal information includes data provided by MRC to the winning Bidders which may physically reside at a location owned and/or controlled by the Commonwealth or MRC or winning Bidder. In connection with such data, the winning Bidders will implement the maximum feasible safeguards reasonably needed to:

· Ensure the security, confidentiality and integrity of electronic personal data and personal information;

· Prevent unauthorized access to electronic personal data or personal information or any other Commonwealth Data from any public or private network;

· Prevent unauthorized physical access to any information technology resources involved in the winning Bidder’s performance of a contract entered under this RFR;

· Prevent interception and manipulation of data during transmission to and from any servers; and

· Notify MRC immediately if any breach of such system or of the security, confidentiality, or integrity of electronic personal data or personal information occurs.

12. Confidentiality

The Bidder agrees to conform to all applicable regulatory and statutory requirements relating to confidentiality and privacy, including, but not limited to, those set forth in M.G.L. c. 66A. The Bidder shall not disclose or release personal data to any person or entity other than to its authorized agents in the performance of any contract awarded under this RFR, unless the Contractor seeks and obtains written authorization from MRC prior to the disclosure or release. The Bidder shall immediately notify MRC both orally and in writing if any of the personal data in its possession is subpoenaed, improperly used, copied, or removed by anyone except an authorized representative of MRC or the Bidders.

Response Timeline:

Responses must be submitted to COMMBUYS (https://www.commbuys.com/bso/) by Monday, April 29th, 2019 at 4:00 pm, for contracts starting 7/1/2019, deadline time is based on the time according to the COMMBUYS system.

The electronic response in COMMBUYS must include the following and documents should be submitted in the order listed below:

· RFR Cover Page (Attachment 1)

· Proposed Services Areas (Attachment 5)

· Resume

· Tutor Information Form

· Teacher Certification, if applicable

· Verification of Taxation Reporting Information Mass. Substitute W-9. If you are currently registered with the Commonwealth and have either changed your name and/or address, you must submit a hand signed explanation of the change and/or a hand signed copy of an official document confirming the change.

· Signed Commonwealth of Massachusetts Terms and Conditions. The bidder information on the Terms and Conditions MUST be the same as the information on the W-9

· CORI Assurance letter

· Contractor Authorized Signature Verification Form

· Executive Order 504, completed signed (Attachment 2)

· Business Reference Form

· EFT (Electronic Funds Transfer) this is required for all contracts

· Massachusetts Department of Revenue Certificate of Good Standing (https://wfb.dor.state.ma.us/webfile/Certificate/Public/WebForms/Welcome.aspx )

· Financial Pre-Qualification requirements, as listed below in “Additional Requirements for Financial Pre-Qualification” section

· Supplier Diversity Office (SDO) Certification (if applicable)

· Supplier Diversity Program (SDP) Form

Contact Help Desk with submission difficulties COMMBUYS@state.ma.us or 888-627-8283.

Additional Requirements for Financial Pre-Qualification

Provider Organizations delivering services regulated by 808 CMR 1.00 must follow the pre-qualification procedures described in this regulation. Additional information is accessible through the links below:

How to Contract with EOHHS

Provider Qualification Guide As a prerequisite for an organization entering into a contract with MRC, a bidder must demonstrate that it meets minimum administrative and fiscal standards, or is “pre-qualified.” Pre-qualification is the process the Commonwealth uses to be assured it has minimized possible risks to job seekers being served through purchased programs. Bidders who are already pre-qualified by the Commission or any other Executive Office of Health and Human Services (EOHHS) agency do not need to submit pre-qualification materials as part of the RFR process as long as they are fulfilling submission requirements for the current re-qualification process. That information will automatically be requested of the provider during the annual re-qualification process for current providers.

Bidders who are not pre-qualified must submit a completed package as part of the RFR response.

Pre-qualification requires the additional following documents: Corporations/Organizations:

· Articles of Organization

· Resumes of Principals (i.e., Chief Executive, Financial and Clinical Program Offices)

· Board of Directors Information

· Current Financial Statements including notes prepared by an independent auditor

· Certificate of Good Standing (https://wfb.dor.state.ma.us/webfile/Certificate/Public/WebForms/Welcome.aspx )

· Copy of Current Public Charities Annual Filing for non-profit organizations http://www.charities.ago.state.ma.us/

· Contractor Qualification Form

All required forms and related instructions can be found in the “File Attachments” section of the bid on COMMBUYS.

Ink Signatures

Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Standard Contract Form

· Commonwealth Terms and Conditions for Human and Social Services

· Contractor Authorized Signatory Listing

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

· Electronic Funds Transfer Sign Up Form

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

Upon selection, bidders will receive a Standard Contract packet for signature. No services should be rendered until the bidder is notified that the contract process is complete.

13. Additional Specifications

This RFR includes additional specifications, as described in the Appendix document. The document includes the sections below:

Appendix 1 Required Terms for all RFRs

Appendix 2 RFR - Required Specifications for Purchase of Service (POS)

Appendix 3 Purchase of Service (POS) Additional…