OCA RFR - Learning Content and LMS for Mandated Reporter Training_BD-22-1539-OCA01-75656.pdf

The Commonwealth of Massachusetts

OFFICE OF THE CHILD ADVOCATE

ONE ASHBURTON PLACE, 5TH FLOOR

BOSTON, MA 02108

Request for Response (RFR)

Document Title: Learning Content and LMS for Mandated Reporter Training

COMMBUYS Bid#: BD-22-1539-OCA01-OCA01-75656

Agency Document Number: OCA20220519-1

5/19/2022

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

RFR OCA20220519-1 / COMMBUYS Bid# BD-22-1539-OCA01-OCA01-75656

Document Sensitivity Level: High during development; Low once published.

TABLE OF CONTENTS

TABLE OF CONTENTS

1 ESTIMATED PROCUREMENT CALENDAR

2 ATTACHMENTS

3 INTRODUCTION AND DESCRIPTION OF RPOCUREMENT

3.1 Procurement Scope and Description

3.2 Program Intent and Background

3.3 Business Requirements

3.3.1 LMS Expected Capabilities

3.3.2 Expected Mandated Reporter Content

3.3.3 Content Requirements

4 BIDDER RESPONSE AND EVALUATION CRITERIA

4.1 Mandatory Minimum Requirements (Required Qualifications)

4.2 Preferred Qualifications

4.3 Alternatives

4.4 Evaluation Criteria

4.5 Bidder Response Requirements

4.6 Written questions via email

4.7 Locating Bid Q&A

4.8 Amendment

4.9 Bidders’ Conference

4.10 Oral Presentations/Product Demonstrations

4.11 Free from Advertisements and Promotional Material

5 APPLICABLE TERMS AND CONDITIONS & PROCUREMENT INFORMATION

5.1 Order of Precedence

5.2 Applicable Procurement Law

5.3 Number of awards

5.4 Adding Contractors after initial Contract award

Document Sensitivity Level: High during development; Low once published.

5.5 Eligible Entities

5.6 Acquisition Method(s)

5.7 Anticipated Contract Duration

5.8 Qualified Bidders

5.9 Statement of Work

5.10 Termination

5.11 Warranty

5.12 Upgrades and/or Patches

5.13 Bid/Response Rejection

5.14 Contract Amendments

5.15 Review Rights

5.16 Other Specifications

5.16.1 Alternatives

5.16.2 Estimated Provisions

5.16.3 Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract 24

5.17 Bidder Qualifications

5.17.1 Affirmation of Financial Solvency and Legal Standing

5.18 Payment Terms

5.19 Late Payment Fees

5.20 Electronic Funds Transfer (EFT)

5.21 Tax Exemption

5.22 Environmental Specifications and Bidder Environmentally Preferable Practices (EPP) Form

5.23 Access to Security-Sensitive Information

5.24 Security and confidentiality [use only if applicable]

5.25 CORI Check Requirements

5.26 Source Code Escrow

5.27 Prohibitions

5.28 Contractor’s Contact Information

5.29 Publicity

5.30 Travel expenses and all other expenses

5.31 Reporting

5.32 Audit

6 INSTRUCTIONS FOR SUBMISSION

6.1 HOW TO SUBMIT A quote

6.2 Quote Submission Method

6.3 COMMBUYS Quote Submission Training and Instructions

6.3.1 COMMBUYS Support

6.4 Bid Opening Date/Time

6.5 Electronic Signatures

Document Sensitivity Level: High during development; Low once published.

6.5.1 Acceptable Forms of Signature

6.6 File Size Limits

6.7 File Format Restrictions

6.8 Withdrawing a Quote

6.8.1 Prior to Bid Opening Date/Time

6.8.2 After Bid Opening Date/Time

6.9 Additional Quote Terms

6.9.1 Prohibition Regarding Contract Terms

6.9.2 Bidder Response Form

7 APPENDIX 1: SUPPLIER DIVERSITY PROGRAM

7.1 Program Background

7.2 Financial Commitment Requirements

7.3 Eligible SDP Partner Certification Categories

7.4 Eligible Types of Business-to-Business Relationships

7.5 Program Flexibility

7.6 SDP Plan Form Requirements

7.7 Evaluation of SDP Forms

7.8 SDP Spending Reports and Compliance

7.9 SDP Spending Verification

7.10 Program Resources and Assistance

8 APPENDIX 2: INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

8.1 Commonwealth Standard Contract Form

8.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions ...37

8.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

8.4 Contractor Authorized Signatory Listing

8.5 Prompt Payment Discount Form

9 APPENDIX 3: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

9.1 Introduction

9.2 Steps for Bidders to Submit a Quote

Document Sensitivity Level: High during development; Low once published.

1 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 5/19/2022

Physical or Online Bidders’ Conference Reserved if in OCA best interest based on Q&A

Deadline for Submission of Questions 5/31/2022

Official Answers for Bid Q&A published (Estimated) 6/7/2022

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

7/14/2022

Oral Presentations for Selected Bidder(s) (Estimated) 8/4 and 8/5/2022

Notification of Apparent Successful Bidder(s) (Estimated) 8/19/2022

Negotiation Period (Estimated) 8/22 - 9/2/2022

Estimated Contract Start Date 9/6/2022

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail.

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Bidders will be notified individually and be given at least one week’s notice if Demonstrations and Oral Presentations are requested.

2 ATTACHMENTS

i. Attachment A: Mandated Reporter Curriculum Matrix

ii. Attachment B: Technical Requirements

iii. Attachment C: SaaS Terms

iv. Attachment D: Accessibility Requirements

v. Attachment E: SaaS Transition Services

vi. Attachment F: Template Statement of Work

vii. Attachment G: IT RFR Required Specifications

Document Sensitivity Level: High during development; Low once published.

viii. Attachment H: Required Specifications for Commodities and Services

ix. Attachment I: Environmentally Preferable Products/Practices (EPP) Form

x. Attachment J: Supplier Diversity Plan Form (SDP Plan Form)

xi. Attachment K: Prompt Payment Discount Form

xii. Attachment L: Cost Workbook

xiii. Attachment M: Response Checklist

xiv. Attachment N: Standard Contract Form

xv. Attachment O: Commonwealth IT Terms and Conditions

xvi. Attachment P: Contractor Authorized Signatory Listing

xvii. Attachment Q: Supplier Diversity Program (SDP) Spending Report

3 INTRODUCTION AND DESCRIPTION OF PROCUREMENT

3.1 Procurement Scope and Description

The Commonwealth of Massachusetts, Office of the Child Advocate (“OCA”), is soliciting bidders for the acquisition of an LMS platform to deliver a new online training program for Massachusetts educators on their responsibilities as mandated reporters of child abuse and neglect, in addition to general training content applicable to all mandated reporters in the Commonwealth. The OCA will consider bids from a highly qualified vendor or two separate vendors to provide the LMS platform and/or curriculum content.

3.2 Program Intent and Background

The OCA is an independent state agency that works to ensure that all children in the Commonwealth receive appropriate, timely, and quality state services. The OCA collects and analyzes data and makes recommendations to improve state services. The OCA also takes complaints and provides information regarding state services to children.

The OCA executes its mission through its statutorily required duties (M.G.L. c. 18C), as well as various projects designed and determined by OCA leadership. The OCA has identified the improvement of mandated reporting of child abuse and neglect in the Commonwealth as a priority of the office for the past several years. The OCA Chaired the Mandated Reporter Commission from 2020 to 2021. For FY22, the OCA has committed to a project to design an evidence-based online training on mandated reporting of child abuse and neglect relevant to all mandated reporters in the Commonwealth. This training should also have information that is specifically designed to address common issues regarding pre-kindergarten through 12th grade educators’ responsibility and experience of reporting. Mandated reporting responsibilities are described primarily in M.G.L. c. 119, 21, 51A, 51B. Mandated reporters who are professionally licensed by the Commonwealth, as many educators are, are required to complete training to recognize and report suspected child abuse and neglect (M.G.L. c. 119 §51A). In addition to 51A requirements, school committees have an annual duty to inform teachers, administrators, and other staff about their obligations to report General Law - Part I, Title XII, Chapter 71, Section 37L (malegislature.gov).

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Section37L https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/Section37L

Document Sensitivity Level: High during development; Low once published.

The training program will be evidence-based in that it will measure whether users can better recognize, report, and respond to suspected child abuse and neglect. The OCA has determined a list of data metrics expected to inform the evidence-base aspect of the training program. In 2021, the OCA conducted a survey of pre-Kindergarten-12th grade educators in the Commonwealth on the existing mandated reporter training. Findings from this survey, particularly educator feedback and recommendations on curriculum and training structure, have informed this project’s learning program objectives, metrics, and curriculum design.

The successful bidder(s) will be able to demonstrate a user-friendly Learning Management System capable of delivering custom content, interactive engagement, and metric tracking capabilities. In addition, the bidder(s) should be able to provide or source relevant mandated reporter content that can be offered for the general and for the pre-Kindergarten-12th grade educators through either a personalized learning path or a standard module structure. The OCA will reserve the right in the future to separate general training content into module-based pathways to best serve the primary mandated reporter populations, drawing from commonalities in their daily engagement, populations served, and reporting activities.

The OCA anticipates an initial training program targeting the pre-Kindergarten-12th grade educators mandated reporter cohort (approximately 76,000) to be ready for a September 2022 roll out to target school districts, followed by the eventual scaling to the remaining districts. The expectation is for the program to evolve in time to include content applicable to other mandated reporter professions such as but not limited to, first responders, police, medical professionals, etc.

3.3 Business Requirements

The OCA is requesting proposals from qualified vendors for the provisioning of mandated reporter training content, as well as the Learning Management System (LMS) to support the onboarding and delivery of curriculum to these stakeholders. While the OCA prefers bidders be able to provide both content and technology under this RFR, bidders who satisfy either requirement individually are encouraged to respond. If it best serves the OCA’s intent, the OCA may award this RFR to more than one bidder to satisfy the different requirements.

Mandated reporter training in the Commonwealth is currently delivered through three modalities:

online through a training designed by the Middlesex District Attorney’s Office and Middlesex Child Advocacy Center, in-person, or a hybrid, depending upon the school district and their needs. However, the LMS platform to be procured should serve as the delivery modality available to service all Mandated Reporters in the Commonwealth to accommodate for potential expansion of the training to other professions and to all mandated reporters. This would require the LMS platform to be able to service a population of mandated reporters beyond educators. This platform should not only deliver the training, but also generate reports of course completion, user interactives, and certificate issuances upon completion.

Document Sensitivity Level: High during development; Low once published.

3.3.1 LMS Expected Capabilities

In general, the OCA is seeking an LMS that includes learner-centric tools (interactive engagement, knowledge tests, and communication) and support tools (administrative, curriculum design, certifications, and evidence-based metrics) that enable the delivery of mandated reporter training.

The OCA is looking for the following capabilities and characteristics of an LMS:

• Easy to use interface with clearly defined learning pathways

• Robust data analytics and reporting features to include, but not limited to, course completion, user engagement with resources, and certifications

• Interactives to encourage robust learner engagement, including gamification, knowledge checks, and audio/video to appeal to preferred learning modalities

• Interoperable with integration of 3rd party content and tools, in addition to integrating with existing technologies within the Commonwealth

• Standards-based and in compliance with the most recent guidelines of SCORM, xAPI, etc.

• Fully accessible and complaint with Section 508 and WCAG 2.1 standards

To evaluate the evidence-based training program, the OCA seeks an LMS with the capability or functionality to collect data relevant to the mandated reporter training. Data collection could include, but not be limited to, training completion percentage, and learning resource usage.

The LMS and/or content must be amendable to reflect the Commonwealth’s statutes and regulations, with the flexibility to update in real-time in the event of new legislation that impacts mandated reporting requirements. This also extends to the potential expansion, with or without additional legislation, of the training programs to other professions who are mandated reporters of child abuse and neglect in the Commonwealth. The LMS shall be adaptable and flexible to accommodate content/curriculum changes without requiring the mandated reporters to retake the complete training.

3.3.2 Expected Mandated Reporter Content

In addition to the LMS functionalities, the OCA seeks a vendor to provide relevant mandated reporter content, both general for baseline knowledge and advanced profession-specific content, especially pre- Kindergarten-12th grade educator related. This content should be adaptable to reflect nuances within the Commonwealth, such as state statues, with the flexibility to be amended as laws change. It should also be adaptable to meet the OCA’s specific curriculum goals including, but not limited to, training on communicating with parents and children, training on the Department of Children and Families’ Investigatory process, addressing implicit bias in reporting, and education-specific case examples. . In addition to the pre-developed content, the OCA seeks a vendor that could customize and expand upon their content library to include Commonwealth-developed content and special topics relevant to the population served. Vendors shall be able to provide support for internal stakeholders with the

Document Sensitivity Level: High during development; Low once published.

development of potential personalized learning paths for users and module design. The successful bidder will offer SCORM compliant content capable of being used in other LMS solutions across the Commonwealth.

While the OCA will prioritize a general mandated reporter content and educator-specific content, the provider should have capabilities to scale additional profession-based training programs, including, but not limited to, first responders, police, medical professionals, etc.

3.3.3 Content Requirements

To ensure all mandated reporters, regardless of their professional role, possess the knowledge of their legal obligation and rights as a mandated reporter, in addition to recognizing and reporting on child abuse and neglect, the OCA is initiating this project to offer a general mandated reporter training. To address profession specific topics, including barriers to reporting, the reporting process, and available resources, the LMS and content must be scalable to expand to advanced, profession specific modules including, but not limited to, irst responders, police, medical professionals, etc. To address timely updates and provide relevant resources based on several streams of information, including, but not limited to, mandated reporters’ user feedback, guidance from state agencies, best practice documents, and legal updates, the LMS platform should offer a centralized resource repository (“resource library”) that can be continually updated and accessible to all mandated reporters, both inside and outside of the annual training. This resource library should be accessible to the OCA and OCA-approved stakeholders to be managed and updated as necessary, with vendor support as needed to customize or modify content to be delivered on the platform.

Attachment A: Mandated Reporter Curriculum Matrix included in this RFR details the general and advanced pre-Kindergarten-12th grade mandated reporter content the OCA has determined to be part of the learning program. The curriculum and its content included has been developed using survey results, best practice research, educator feedback, and an Enterprise Process Model (EPM).

This EPM documented the processes that prepare mandated reporters, for their responsibilities and are required of mandated reporters at the time they are making the report, providing context by understanding the end-to-end mandated reporter process. By documenting these processes and identifying areas of opportunity not addressed by the existing training, this informed our training program’s curriculum and goals of this project to meet the needs of the mandated reporters. A Fit/Gap analysis was also performed to identify the processes we expect bidders to address.

The following are the five overarching processes a mandated reporter participates in:

• Manage Mandated Reporting Process and Policies

• Recognize Signs of Abuse, Neglect, and Abandonment

• Report Incidents

• Intake and Investigation

Document Sensitivity Level: High during development; Low once published.

• Execute Intervention

These are broken down into specific, essential sub-processes, numbered, and named in mostly a chronological order. They outline the actions necessary to report child abuse and neglect. Bidders shall indicate in Attachment A, Mandated Reporter Curriculum Matrix, whether they have readily available relevant content for each topic, if it needs to be custom built, and/or sourced from a third party. Said content must be capable of being adapted for potentially other LMS platforms in the Commonwealth.

4 BIDDER RESPONSE AND EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

4.1 Mandatory Minimum Requirements (Required Qualifications)

Mandatory Minimum Requirements must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the Strategic Sourcing Team (SST). The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Requirement is insignificant or may be easily corrected.

For the purposes of this RFR, the following represent the Mandatory Minimum Requirements:

1. The Bidder’s Proposal is materially responsive to the RFR requirements. Any missing information determined to be minor can be cured through clarifications without prejudice to other Bidders.

2. The Bidder has implemented or has experience implementing similar solutions over the past four (4) years.

3. The proposed solution is Cloud-based, Software as a Service.

4. The Bidder has experience delivering training content in support of training mandated reporters in at least one other State.

5. The Bidder’s proposed solution is compliant with the security requirements outlined in

Attachment B: Technical Requirements, as well as with the Commonwealth’s Enterprise Information Security Standards.

6. The Bidder’s proposed solution must be available by November 2022.

7. The Bidder’s proposed solution and costs are within the OCA’s internal affordability criteria.

4.2 Preferred Qualifications

Bidders that meet the Mandatory Minimum Requirements will be scored on a number of criteria that deliver on the OCA’s business needs. These qualifications, while preferred, are not mandatory:

1. The Bidder’s proposed solution is implemented prior to November 2022, with preference given to vendors who can deliver both content and software more quickly.

Document Sensitivity Level: High during development; Low once published.

2. Bidder’s proposed solution is highly configurable, but simple to operate for business users within the OCA.

3. Bidder’s proposed solution is scalable to be used across a wide variety of mandated reporters and is capable of managing content provided from 3rd parties in standard formats, including SCORM or xAPI.

4. The Bidder’s proposed solution is capable of generating easy to consume reports for tracking training and completion data.

5. The Bidder’s proposed content is SCORM or xAPI compliant and capable of being hosted in a 3rd party LMS.

6. The Bidder’s Supplier Diversity Program (SDP) Plan.

4.3 Alternatives

A Quote that fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives that provide equivalent, better, or more cost-effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how the alternative achieves substantially equivalent or better performance than those described in the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

4.4 Evaluation Criteria

The following criteria will be used to evaluate responses and award the contract to the bidder offering the best-value response (Listed in no particular order):

1. Bidder response to Business and Technical Requirements

2. Bidder Qualifications

3. References

4. Cost

5. Supplier Diversity Plan

Document Sensitivity Level: High during development; Low once published.

4.5 Bidder Response Requirements

Respondents are advised to adhere to the submittal requirements of the RFR, as listed below. Failure to comply with the instructions in this RFR may be cause for rejection of the non-compliant Proposal.

Respondents must provide information in the appropriate areas of their Proposal that are outlined throughout this RFR.

Microsoft Word or searchable Adobe PDF format, using 1-inch margins and Times New Roman size 11 font. Page limits are listed below, where applicable, excluding cover pages and table of contents. Each response document must be uploaded to COMMBUYS as a separate attachment.

Each Bidder Response Document must be clearly named with the Bidder’s Name and the Document Name. For example, “Company A Cover Letter.doc”, or “Company B Cost Response.xls”)

Bidders’ responses must include the following:

Quote Contents

Bidders must provide the following documentation as part of their quote:

1. A Cover Letter in which the Bidder expressly states that it agrees to the terms and conditions of this RFR and certifies they meet the Mandatory Minimum Requirements outlined in Section 4.1:

Mandatory Minimum Requirements (Required Qualifications). Additionally, Bidders are asked to affirm their financial solvency and legal standing in line with Section 6.11 of this RFR. Any cover letter which does not include this express statement, or includes an alternative statement offering to negotiate terms, may disqualify the Bidder. Vendors only bidding on one part of the solution must indicate which element they are bidding on in their cover letter.

2. Completed Attachment M: Response Checklist

3. A written response to Business and Technical Requirements for the content and LMS solution in support of providing mandated reporter training. This should include a proposal of the content and systems the vendor intends to implement, the services the vendor will provide as part of their implementation, the proposed vendor team resumes, and a timeline or draft workplan for the implementation (Limit 20 pages, excluding cover page, table of contents, and staff resumes); Vendors only bidding on one part of the final solution must indicate so.

4. Completed Attachment A: Mandated Reporter Curriculum Matrix

Bidders must use this matrix to indicate curriculum elements they are able to provide out of the box, which require configuration, customization, and which are on their roadmap for creation in the next year. The OCA will use this information to understand the maturity of the proposed offering.

5. Cost Response

Document Sensitivity Level: High during development; Low once published.

Bidders must submit:

a. An All Inclusive, Fixed-price cost proposal for implementation and Year 1 costs

b. A fixed price annual subscription or license cost for maintenance and support, subject to a fixed annual increase, capped at 3% annually (Bidders are encouraged to keep this cost fixed for the life of the contract, but the OCA realizes this may be cost prohibitive)

c. A Completed Attachment L: Cost Workbook

d. A Cost Response Narrative to explain any detail provided on the Cost Workbook, including assumptions made by the Bidder that my drive certain costs, license structures, and information pertaining to managed services (Limit 4 pages, excluding cover page)

6. A Project Implementation Proposal and Staffing Plan

Must provide the names, roles, and resumes for key project staff, along with a project plan or roadmap. Narrative should address project management approach, as well as staffing and methodology for both the initial project and ongoing support for years two through 10 (Optional Contract Renewals).

7. Three Bidder References

References must include the name, contact information (email, phone number), and a brief description of the services provided.

8. Supplier Diversity Plan (SDP) Form

9. Bidder Exceptions and Assumptions

The OCA recognizes that not every market solution will meet all of the RFR requirements. Bidder must expressly identify any RFR requirement it is unable to meet. Bidder must meet all contract terms and conditions. The Bidder should expressly identify any assumptions made as part of their response, outside of the assumptions included in Attachment L: Cost Workbook. All exceptions and assumptions must be listed together in a section expressly entitled “Exceptions and Assumptions” within the Bidder’s narrative response. If exceptions or assumptions to meeting an RFR requirement have not been identified in the Bidder response, the requirement is assumed to be met without exception or assumption by the OCA.

10. Bidder Proposed Boilerplate Subject to the Order of Precedence in Section 5.1 of this RFR, The OCA will consider negotiating Bidder boilerplate as part of the Contract. Bidders shall provide an unlocked, editable copy submitted in MS Word format of any Bidder boilerplate terms, including additional warranties;

software license subscriptions; SaaS agreements; software maintenance agreements;

maintenance and technical support descriptions for any available levels of maintenance and

Document Sensitivity Level: High during development; Low once published.

support (e.g., silver, gold, platinum, etc.), including detailed service levels and response times for incidents of varying levels of severity; and any other boilerplate forms related to the procurement of the Bidder’s proposed Solution. The Commonwealth will not be bound by any agreements that are not included in the response and that the Commonwealth has not signed or agreed to in a signed document.

To be deemed responsive, Bidders must comply with all terms, conditions, and specifications of this solicitation.

Prior to the contract award, the Apparent Successful Bidder will additionally need to sign and provide the following to the OCA:

1. Commonwealth Standard Contract Form

2. Commonwealth IT Terms and Conditions

3. Contractor Authorized Signatory Listing

4. Request for Taxpayer Identification Number and Certification (MA Substitute W-9 Form)

5. Authorization for Electronic Funds Transfer (EFT)

6. Supplier Diversity Program (SDP) Spending Report (Submitted Annually)

Copies of these forms are available at https://www.macomptroller.org/forms.

4.6 Written questions via email

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. Bidders’ questions must be submitted to Cristine Goldman, cristine.m.goldman@mass.gov. Questions must be submitted prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions. Questions submitted through any other means, including through the COMMBUYS Q&A portal, will not be answered by the SST.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and https://www.macomptroller.org/forms

Document Sensitivity Level: High during development; Low once published.

prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Commonwealth 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 Purchasing Department to be lost or rejected by any means, including email or spam filtering.

4.7 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page. Answers will be posted to this page, however, all questions must be submitted in accordance with section 5.7.

4.8 Amendment

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accept 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.

4.9 Bidders’ Conference

If deemed necessary during the posting, the SST may host a Bidders’ Conference for the purpose of communicating to registered bidders via webinar or conference call. Attendance is not mandatory, and the session’s recording will be made available to the procurement file. Please refer to the COMMBUYS website for updated information, including the location, time, and date of the Bidders’ Conference should there be one. In the event a Bidder’s Conference is deemed necessary, the SST will release an amendment to this RFR indicating the relevant information for interested Bidders.

4.10 Oral Presentations/Product Demonstrations

Selected Bidders who are asked to participate in Oral Presentations / Product Demonstrations will be expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points, or other action that the SST deems appropriate.

4.11 Free from Advertisements and Promotional Material

Bidders are prohibited from providing any materials as part of their response that do not further the content and responsiveness of their proposal. This includes any promotional collateral that does not directly support their response, as well as advertisements of any product or services outside of the requested scope. Bidders who provide this kind of material without directly responding to the requested scope may be deemed materially unresponsive and disqualified by the SST.

Document Sensitivity Level: High during development; Low once published.

5 APPLICABLE TERMS AND CONDITIONS & PROCUREMENT INFORMATION

All Bidders must agree to and comply with all of the terms and conditions in the RFR, including without limitation the terms in the following attached documents, which will become part of the resulting Contract.

a. Standard Contract Form and Instructions

b. Commonwealth IT Terms and Conditions

c. IT RFR Required Specifications

d. Required Specifications for Commodities and Services

e. SaaS Terms

f. Accessibility Requirements

g. Template Statement of Work

h. SaaS Transition Services

5.1 Order of Precedence

The Contract (“Contract”) resulting from this RFR shall consist of the following documents in the following order of precedence:

1) The Commonwealth’s Standard Contract Form;

2) The Commonwealth’s Terms and Conditions for Information Technology Contracts;

3) This RFR (as it may be amended, including without limitation by amendments to the RFR, answers to questions received, requests for clarification and requests for best and final offers);

4) Any Statement of Work, software subscription agreement, and/or other agreement negotiated between and executed by the parties; and

5) The bidder’s response to the RFR.

The OCA expressly notes that the new Commonwealth Terms and Conditions for Technology Contracts have industry standard limitation of liability and indemnification provisions, and Bidders understand that, per the Commonwealth of Massachusetts Comptroller policy, these terms are non-negotiable.

This Order of Precedence is non-negotiable. Bidders that require any exceptions to this order of precedence should not submit a proposal

5.2 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services).

Document Sensitivity Level: High during development; Low once published.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, Quotes, and documentation must be in English and all cost proposals or figures in U.S. currency. All Quotes must be submitted in accordance with the specific terms of this RFR. All times indicated in this RFR are Eastern Standard Time (GMT-5).

5.3 Number of awards

While it is the OCA’s desire to procure both content and LMS solution from a single vendor, the OCA and the SST reserves the right to award this contract to one or more bidders who satisfy the needs of the LMS platform and/or mandated reporter training content and if in the best interests of the Commonwealth to do so. This would include procuring training content from one vendor and a Learning Management System from another vendor.

5.4 Adding Contractors after initial Contract award

If, over the life of the Contract, the SST determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

5.5 Eligible Entities

The Massachusetts Office of the Child Advocate (OCA) is the purchasing entity. Any contract resulting from this Bid will be open for use by the OCA Only.

5.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are outright purchase;

software subscription, monthly, annual, or other time unit service charges; fee for service (time and materials or fixed price); and license

5.7 Anticipated Contract Duration

The expected duration of this contract is an initial one (1) year period for implementation and support, followed by nine (9) renewal options for a maximum contract duration of 10 years. The contract will require renewal annually and will be subject to the continued best value provided by the contractor. The OCA may, at its sole discretion, decide not to renew the contract during this annual review.

Document Sensitivity Level: High during development; Low once published.

Contract Duration Number of Options

Number of Years/Months

Initial Duration One year

Renewal Options Nine Option for one-year renewals

Total Maximum Contract Duration

Maximum of ten years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

5.8 Qualified Bidders

This is a competitive bid open to Bidders that are able to convey through the submission of a successful Bid Response that they meet the requirements outlined in this RFR.

If a Bidder proposes subcontracting some of their required products or services, the applicant must submit a copy of the subcontract to the OCA in conjunction with their proposal.

5.9 Statement of Work

The professional services delivered under this RFR will be subject to a Statement of Work (“SOW”) in the form attached hereto as Attachment F: Template Statement of Work. Most of the standard terms of the SOW are nonnegotiable (including without limitation the warranties set forth therein) but the parties will negotiate the specific approach to and timeline for the Professional Services to create Tasks and Deliverables (as defined in the SOW). Although tasks and deliverables under this engagement are fixed price, Bidders must also submit hourly rates for all resources proposed in their bid (see Attachment L:

Cost Workbook). The OCA reserves the right to hire the winning Bidder, at the hourly rates included in its bid or at a fixed price based on those rates, for work closely related to the project described in this RFR but not specifically described herein.

5.10 Termination

Termination. The Bidder understands and agrees that (a) the software acquired by the OCA under this RFR, and any resulting agreement is critical to the OCA’s operations and that under no circumstances, other than in response to criminal activity or IP infringement, may the selected Vendor seek to cancel or otherwise limit or terminate the OCA’s right to use the software Solution. The selected Vendor’s sole and exclusive remedy for any breach of the agreement by the OCA is limited to money damages. The selected Vendor hereby waives its right to seek injunctive relief against the OCA in connection with any such breach that has the effect of interrupting the OCA access to any product or service; provided, nothing contained herein shall prohibit either party from obtaining injunctive relief with respect to

Document Sensitivity Level: High during development; Low once published.

unauthorized disclosure of confidential information. The selected Vendor shall indemnify the OCA for any breach of this provision, including without limitation any breach arising by the selected Vendor exercise of rights of self-help (electronic or otherwise) or refusal to support the OCA’s use of the software Solution.

Termination by Vendor. In the event that the OCA materially breaches any of its obligations or covenants under this Agreement, the selected Vendor shall notify the OCA as far in advance as possible, allowing for a notice period and cure period of not less than ninety (90) days.

Non-Renewal. At least six (6) months prior to the end of a subscription term, the selected Vendor must provide the OCA with written notice of its intent not to renew software services. Prior to such termination, the selected Vendor shall provide the OCA the Transition Assistance as required under Attachment E: SaaS Transition Services.

5.11 Warranty

Bidders must provide all warranties set forth herein. Should the selected Bidder Solution fail to meet warranty requirements and is rejected, the selected Vendor shall credit all accrued project related fees back to the OCA.

1. Bidder warrants that for a minimum of twelve (12) months (the “Warranty Period”) after the OCA accepts any Solution pursuant to Section 2 of the Commonwealth’s Terms and Conditions for Information Technology Contracts, such Solution will substantially conform to the applicable Specifications. “Specifications” means:

a. the requirements for the Solution as set forth in this RFR,

b. the Solution’s functional, performance, and interoperability requirements set forth in any agreement entered hereunder,

c. the Solution’s functionality and description provided in Bidder’s response to this RFR, including all amendments, responses to requests for clarification or requests for best and final offer, and all associated response forms, attachments, and exhibits, and

d. to the extent not inconsistent with the foregoing, the published specifications and documentation for the Solution.

If the OCA discovers a non-conformity in the software during the Warranty Period, then Bidder shall use commercially reasonable efforts, at its option, to

a. correct the non-conformity,

b. provide a work around or software patch (a “Fix”), or

c. replace the software.

If Bidder is unable to remedy a non-conformity within a reasonable period of time, then the OCA may terminate any agreement related to the software effective immediately upon written notice to Bidder.

In this event, Bidder shall promptly pay to the OCA an amount equivalent to all amounts paid by the

Document Sensitivity Level: High during development; Low once published.

OCA for (i) software license fees (or SaaS equivalent) and (ii) maintenance and support services for the current year and (iii) all amounts already paid and not yet rendered or goods not yet delivered and accepted by the OCA.

Any replacement or error correction will not extend the original Warranty Period.

During the Warranty Period, Bidder will not charge the OCA for parts, labor or transportation.

2. Bidder warrants that all software shall be provided in accordance with applicable State and Federal laws and in accordance with industry standards.

3. Bidder warrants that the sale of the software licenses or subscriptions, and the Commonwealth’s use of the software and services, will not be subject to any shrink-wrap, click-through, online terms, or similar agreements. Any terms or agreements that are not executed by the Commonwealth will be void.

4. Bidder warrants that it shall provide all necessary authorization codes necessary for successful installation of and access to the software. Bidder must also provide reauthorization codes to the OCA should such codes be necessary for the software to remain functional and accessible during the Term.

5. Bidder and its subcontractors will be sufficiently staffed and equipped to fulfil Bidder’s obligations under any SOW or engagement resulting from this RFR. Bidder warrants that it shall be responsible for the actions and omissions of all subcontractors and shall ensure that all subcontractors comply with the terms of an agreement resulting from this RFR.

6. Bidder’s services will be performed:

a. by appropriately qualified and trained personnel,

b. with due care and diligence and to a high standard of quality as is customary in the industry,

c. in compliance with the milestone schedule and terms and conditions of an RFR or any contract hereunder, and

d. in accordance with all applicable professional standards for the field of expertise.

7. The Deliverables will substantially conform with the Deliverable descriptions set forth in any SOW or engagement resulting from this RFR.

8. Bidder warrants that documentation to be provided by the Bidder shall be in sufficient detail to allow suitably skilled, trained, and educated OCA personnel to understand the operation of the Deliverables. Bidder agrees to promptly, at no additional cost to the OCA, make corrections to any documentation that does not conform to this warranty.

9. Bidder warrants that during the warranty period, Bidders will correct any Severity Level 1,2, and 3 (Critical, High and Medium) defects at no charge. Refer to defect severity definitions in Attachment B: Technical Requirements for full definitions.

Bidders are highly encouraged to offer longer warranty periods in order to increase the competitiveness of their proposals.

10. The Bidder warrants that the Solution does not infringe on any existing intellectual property rights of any third party and that the Bidder has obtained all rights, grants, assignments, Document Sensitivity Level: High during development; Low once published.

conveyances, licenses, permissions, and authorizations necessary or incidental to any materials owned by third parties supplied or specified by it for incorporation into the Solution. Bidder must also warrant that if a third party claims that the Solution does infringe a third party’s intellectual property right (including patent, copyright, trade secret or trademark), or if the Solution is likely to become the subject of a claim of infringement, Bidder shall, at its sole option and expense, secure for the Agency the right to continue using the Solution; or replace or modify the Solution so that it becomes non-infringing. Bidder must also warrant that Bidder shall (i) defend the Agency against any third-party claim that the Solution infringes a patent, or a copyright enforceable in a country that is a signatory to the Berne Convention, and (ii) pay the resulting actual costs and damages actually awarded against the Agency by a court of competent jurisdiction or the amounts stated in a written settlement signed by Bidder. The Bidder must agree that the foregoing obligations are subject to the following: the Agency (a) notifying the Bidder promptly in writing of such claim, (b) granting Bidder sole control over the defense and settlement thereof and (c) reasonably cooperating in response to Bidder’s request for assistance. The Bidder must agree that nothing contained in any agreement entered under this RFR shall abrogate the right of the Commonwealth’s Office of the Attorney General to defend and control, at the Agency’s expense, the defense of the Agency in connection with such claims.

11. The Bidder warrants that the Solution does not contain any Self-Help Code or any Unauthorized Code. Bidder further warrants that Bidder will not introduce, via modem or otherwise, any code or mechanism that electronically notifies Bidder of any fact or event, or any key, node, lock, time-out, or other function, implemented by any type of means or under any circumstances, that may restrict the Agency’s use of or access to any program, data or equipment based on any type of limiting criteria, including frequency or duration of use for any copy of the Solution provided to the Agency. The warranty is referred to in this RFR as the “No Surreptitious Code Warranty”. The Bidder will defend the Agency against any claim and indemnify the Agency against any loss or expense arising out of any breach of the No Surreptitious Code Warranty. No limitation of liability, whether contractual or statutory, shall apply to a breach of this warranty.

12. As used in this RFR, “Self-Help Code” means any back door, time bomb, drop dead device, or other software routines designed to disable a computer program automatically with the passage of time or under the positive control of a person other than a licensee of the Solution. Self-Help Code does not include software routines in a computer program, if any, designed to permit an owner of the computer program (or other person acting by authority of the owner) to obtain access to a licensee’s computer system(s) (e.g., remote access via modem) solely for purposes of maintenance or technical support. As used in this RFR, “Unauthorized Code” means any virus, Trojan horse, worm, spyware, ransomware, keyloggers or other software routines or equipment components designed to permit unauthorized access, to disable, erase, or otherwise harm software, equipment, or data; or to perform any other such actions. The term Unauthorized Code does not include Self-Help Code.

13. The Bidder warrants that Bidder shall provide all necessary authorization codes should such codes be necessary for successful installation of the Solution. Bidder warrants that Bidder shall

Document Sensitivity Level: High during development; Low once published.

provide reauthorization codes to the Agency, should such codes be necessary for the Solution to remain functional upon movement to another…