OCA TLC RFP PRF76 vF 06.08.2026.pdf

The Commonwealth of Massachusetts

OFFICE OF THE CHILD ADVOCATE

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MA 02108

Request for Response (RFR)

Document Title: Development of a Training Module Related to Child-

Serving State Agencies

COMMBUYS Bid#: RQ-27-1539-OCA01-OCA01-617637

06/10/2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www.commbuys.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

COMMBUYS Bid# RQ-27-1539-OCA01-OCA01-617637

TABLE OF CONTENTS

TABLE OF CONTENTS

1 ESTIMATED PROCUREMENT CALENDAR

2 ATTACHMENTS

3 INTRODUCTION AND DESCRIPTION OF PROCUREMENT

3.1 Procurement Scope and Description

3.2 Program Intent and Background

4 BIDDER RESPONSE AND EVALUATION CRITERIA

4.1 Mandatory Minimum Requirements (Required Qualifications)

4.2 Alternatives

4.3 Evaluation Criteria

4.4 Bidder Response Requirements

4.5 Written questions via Commbuys

4.6 Locating Bid Q&A

4.7 Amendment

4.8 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 Adding Contractors after initial Contract award

5.4 Eligible Entities

5.5 Acquisition Method

5.6 Anticipated Contract Duration

5.7 Qualified Bidders

5.8 Statement of Work

5.9 Termination

5.10 Warranty

5.11 Bid/Response Rejection

5.12 Contract Amendments

5.13 Review Rights

5.14 Other Specifications

5.14.1 Alternatives

5.14.2 Estimated Provisions

5.14.3 Performance and Payment Time Frames Beyond the Duration of the Contract

5.15 Bidder Qualifications

5.15.1 Affirmation of Financial Solvency and Legal Standing

5.16 Payment Terms

5.17 Electronic Funds Transfer (EFT)

5.18 Tax Exemption

5.19 Access to Security-Sensitive Information

5.20 Security and confidentiality

5.21 Prohibitions

5.22 Contractor’s Contact Information

5.23 Publicity

5.24 Travel expenses and all other expenses

5.25 Reporting

5.26 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

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: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

7.1 Introduction

7.2 Steps for Bidders to Submit a Quote

1 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 6/10/2026

Deadline for Submission of Questions 6/17/2026 at 12 p.m. (EDT)

Official Answers for Bid Q&A published (Estimated) 6/22/2026

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

7/8/2026 at 5 p.m. (EDT)

Notification of Apparent Successful Bidder(s) (Estimated) 7/15/2026

Estimated Contract Start Date 8/3/2026

Times are Eastern 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

There are 3 attachments to the Commbuys posting –

1. A .pdf copy of this RFP

2. Attachment A: Template Statement of Work

3. Attachment B: Cost Workbook

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 development of a training module related to child-serving state agencies. More details about the desired materials are described below.

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 handles complaints and provides information regarding state services to children.

The mission of the Office of the Child Advocate’s Center on Child Wellbeing & Trauma (CCWT) is to promote child well-being by supporting public agencies and the community-based organizations they regulate or with which they contract in becoming more trauma-informed and responsive. The CCWT primarily accomplishes this mission by providing training and technical assistance to child-serving state agencies, as well as operating a website with informational materials for the public.

The Training and Learning Collaborative (TLC) is a cross-agency forum bringing child-serving agencies together around shared workforce development priorities, coordination, and common language.

Launched based on agency feedback and Childhood Trauma Task Force (CTTF) recommendations.

3.3 Business Requirements

The OCA seeks one (1) vendor to build a training module as outlined below:

• Participate in discovery calls with approximately 12 state agencies;

• Review materials collected from other state agencies and, in collaboration with the OCA, distill the information into an asynchronous training module that is inclusive of but not limited to slides, videos and/or printable flyers;

• Build a cohesive, accessible and evidence-based asynchronous training module that is compatible with MassAchieve Learning Management System (LMS) and other LMS platforms and able to be edited by the OCA and state agencies in the future should information need to be updated;

• Ensure that training module meets the Human Resources Division (HRD) accessibility requirements;

• Provide sufficient review cycles for both the OCA and individual state agencies; and

• Deliver the final product to the OCA in a SCORM file package.

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 experience developing similar deliverables over the past four (4) years.

3. The Bidder’s final training materials will be delivered in a SCORM file package and is compatible with MassAchieve, which is built in Cornerstone LMS.

4.2 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.

4.3 Evaluation Criteria

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

1. Bidder response to Business Requirements, including narrative, project workplan and key team members

2. Bidder Qualifications, including relevant sample past projects

3. Projected Budget

4. References

4.4 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.

Respondents should submit files in a Microsoft Word or searchable Adobe PDF format. 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”)

Quote Contents

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

1. A narrative outlining vendor’s approach and experience in developing training modules, including expertise in designing and delivering content for LMS platforms, highlighting any previous experience in building training for MassAchieve and overall familiarity with SCORM compliance, e-learning user experience practices, and reporting;

2. A project workplan that details key milestones, including participation in discovery calls with about 12 state agency partners, to ensure the delivered module is able to go live in January 2027;

3. At least two samples of previous work that demonstrate relevant experience in training module development;

4. Names, roles and resumes of key team members;

5. References; and

6. Projected budget

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)

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

https://www.macomptroller.org/forms

4.5 Written questions via Commbuys

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 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.

4.6 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 4.5.

4.7 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.

4.8 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.

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 documents, which will become part of the resulting Contract. When noted, documents are either attached to the RFR or available as a DocuSign PowerForm at the indicated

URL.

a. Commonwealth Standard Contract Form and Instructions (https://www.macomptroller.org/wp-content/uploads/form_standard-https://www.macomptroller.org/wp-content/uploads/form_standard-contract_2026.pdf contract_2026.pdf; https://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf)

b. Commonwealth IT Terms and Conditions (https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf)

c. Template Statement of Work (Attachment A)

d. Contractor Authorized Signatory Listing (https://www.macomptroller.org/wp-content/uploads/form_contractor-authorized-signatory-listing-for-contractors.pdf)

e. Request for Taxpayer Identification Number and Certification MA Substitute W-9

Form(https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf)

f. Cost Workbook (Attachment B)

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) 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);

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

4) The bidder’s response to the RFR.

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).

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 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.

https://www.macomptroller.org/wp-content/uploads/form_standard-contract_2026.pdf https://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf https://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.macomptroller.org/wp-content/uploads/form_contractor-authorized-signatory-listing-for-contractors.pdf https://www.macomptroller.org/wp-content/uploads/form_contractor-authorized-signatory-listing-for-contractors.pdf https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf

5.4 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.

5.5 Acquisition Method

The acquisition method to acquire goods and/or services from this Solicitation is fee for service (time and materials or fixed price).

5.6 Anticipated Contract Duration

The expected duration of this contract is eight months, commencing on or about August 2026 and continuing through deliverable go-live in early 2027.

5.7 Qualified Bidders

This is a competitive bid open to Bidders that 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.

5.8 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 A: Template Statement of Work. Most of the standard terms of the SOW are non-negotiable (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 B:

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.

5.9 Termination

Termination. The Bidder understands and agrees that (a) the materials 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 materials. 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 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 materials.

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.

5.10 Warranty

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

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

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

2. 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.

3. 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.

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

5. 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.

6. The Bidder warrants that the materials do not infringe on any existing intellectual property rights of any third party and that the Bidder has obtained all rights, grants, assignments, conveyances, licenses, permissions, and authorizations necessary or incidental to any materials owned by third parties supplied or specified by it for incorporation into the materials. Bidder must also warrant that if a third party claims that the material does infringe a third party’s intellectual property right (including patent, copyright, trade secret or trademark), or if the material 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 material; or replace or modify the materials so that it becomes non-infringing. Bidder must also warrant that Bidder shall (i) defend the OCA against any third-party claim that the material 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 OCA 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 OCA’s expense, the defense of the OCA in connection with such claims.

7. The Bidder warrants that Bidder shall not reference the OCA in any promotional materials, advertising or press releases including but not limited to use of the OCA’s name or logo without first obtaining the Agency’s prior written approval for such use.

8. The Bidder must warrant that there is no pending litigation involving the Bidder that may impair or interfere with the OCA’s right to use the material. Furthermore, the Bidder must warrant that there are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party.

9. Bidder warrants that it will provide the OCA with commercially reasonable continuous and uninterrupted access to the materials and will not interfere with the OCA’s access to and use of the materials during the term of the contract.

10. The Bidder warrants that the materials will perform in accordance with industry standards, provided however that if a conflicting specific standard is provided in this agreement or the documentation provided by Bidder, such specific standard will prevail.

5.11 Bid/Response Rejection

The OCA reserves the right to reject any or all bids (responses), in whole or in part, that are for any reason deemed non-compliant or non-responsive per this RFR, its attachments or any subsequent changes. The OCA may reject a Bidder’s response when the OCA reasonably determines that the Bidder is not responsible or eligible. Bidders are advised to check prior to submitting a response to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response. The OCA reserves the right not to enter any agreement under this RFR.

A Bidder’s response will be excluded for failure to agree to the order of precedence set forth in Section 5.1: Order of Precedence. A Bidder’s response will also be excluded if the response includes goods or services that are being resold under this RFR and the reseller does not submit the response (including without limitation any questions, any responses to requests for clarification and any responses to requests for best and final offers) to the SST. Prior to such an exclusion, the OCA reserves the right to request one or more clarification(s) from the Bidder confirming Bidder’s acceptance of the order of precedence or to request one or more clarification(s) from the reseller to confirm that it is the Bidder and any responses submitted directly to the OCA by a Bidder with pricing from the reseller are, in fact, part of the reseller’s response. A Bidder’s response may be excluded for failure to meet the OCA’s internal affordability threshold.

5.12 Contract Amendments

The OCA reserves the right to amend this RFR or any contract resulting from this RFR. The OCA may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The OCA reserves the right to negotiate and execute contract amendments with the contractor(s) that the OCA determines as necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract.

Negotiation would be with the successful contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc. The OCA reserves the right to contract with the winning bidder for products and services that are closely related to the scope of this RFR, but not expressly identified herein.

5.13 Review Rights

Responses to this RFR may be reviewed and evaluated by any person(s) at the discretion of the OCA including non-allied and independent consultants retained by the OCA now or in the future, for the sole purpose of obtaining an analysis of responses. Any and all respondents may be asked to further explain or clarify in writing areas of their response during the review process. The OCA retains the right to request further information from respondents.

5.14 Other Specifications

5.14.1 Alternatives

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

The OCA will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the agency. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

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

5.14.2 Estimated Provisions

The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates referenced in this RFR are included only for the convenience of bidders and are not to be relied upon as any indication of future purchase levels.

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

5.15 Bidder Qualifications

5.15.1 Affirmation of Financial Solvency and Legal Standing

The OCA seeks a partner that is financially solvent and in good legal standing to ensure a successful, partnership. The SST reserves the right to request additional information regarding any bankruptcy, or other outstanding contingencies during the procurement process, and may require the Vendor to certify its fiscal stability on an annual basis.

a. Bidder must affirm that they have not entered into bankruptcy during the three-year period prior to the RFR submission deadline (See Estimated Procurement Calendar).

b. Bidder must affirm that they have no outstanding contingencies, such as lawsuits or other claims or charges that will adversely impact their ability to perform to the requirements of this RFR.

5.16 Payment Terms

All invoices issued to Massachusetts Eligible Entities pursuant to this contract are payable in accordance with the Comptroller’s Bill Payment Policy:

https://public.powerdms.com/MAComptroller/documents/1779647

5.17 Electronic Funds Transfer (EFT)

All Awarded Contractors must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp

Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SST for review, approval and forwarding to the Office of the Comptroller, unless already enrolled in EFT. This form shall be supplied to the Vendor upon contract award. This form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

5.18 Tax Exemption

Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax. Vendors will be required to accept other states’ attachments which may include a similar prohibition.

5.19 Access to Security-Sensitive Information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat, or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

i. Restrict the use of these sensitive records for any purpose other than as authorized and for the purpose of putting together a bid proposal.

https://public.powerdms.com/MAComptroller/documents/1779647 https://massfinance.state.ma.us/VendorWeb/vendor.asp

ii. Safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions for Information Technology Contracts); and

iii. Return such records and materials to the Commonwealth upon completion of the project.

5.20 Security and confidentiality

The Contractor may be required to execute a blanket non-disclosure agreement with the OCA upon contract execution. Additionally, the Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties’ confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

5.21 Prohibitions

Bidders are prohibited from communicating directly with any employee of the OCA or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in the contact information section of the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding, or planned common course of action with any other Bidder of the commodities and/or services described in the

RFR.

5.22 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS. The Contractor’s COMMBUYS account also must be updated to reflect the new information.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network, or internet service provider (ISP), cause email communications between the Bidder and the SST to be lost or rejected by any means, including email or spam filtering.

mailto:osdhelpdesk@mass.gov

5.23 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers, addresses, or other information except as specifically authorized by the SST.

5.24 Travel expenses and all other expenses

Travel reimbursement or other expenses associated with the delivery of this scope of work must be agreed to by the OCA in advance, under negotiable terms.

5.25 Reporting

Contractors are responsible for compliance with all contract reporting requirements.

5.26 Audit

During the term of this Agreement and for a period of six years thereafter, the OCA, 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, 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 OCA, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 INSTRUCTIONS FOR SUBMISSION

6.1 How To Submit a Quote

All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

6.2 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 home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

6.3 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

• An online job aid on How to Create a Quote

• Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

6.3.1 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

6.4 Bid Opening Date/Time

All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as internet traffic, internet connection speed, file size, and file volume.

OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time-stamped by the COMMBUYS system clock which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

6.5 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 she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

6.5.1 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to State finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and https://www.mapc.org/wp-content/uploads/2023/10/NE-Produce-2023-CommBuys-Instructions.pdf https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 http://www.mass.gov/osd/commbuys related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

6.6 File Size Limits

COMMBUYS will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. In the case where multiple files must be uploaded, the vendor should utilize a simple naming convention to make it clear the order in which the documents should be read.

6.7 File Format Restrictions

All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they may be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and sent via email to the Commonwealth Contract Manager in their original formats. These Forms should not be scanned and submitted as PDFs or other file types.

6.8 Withdrawing a Quote

6.8.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote in COMMBUYS.

6.8.2 After Bid Opening Date/Time

Quotes may not be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

6.9 Additional Quote Terms

6.9.1 Prohibition Regarding Contract Terms

Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

6.9.2 Bidder Response Form

All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable,” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SST does not want and will not read, consider, or evaluate a line-by-line response to this RFR.

7 APPENDIX 1: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

7.1 Introduction

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

7.2 Steps for Bidders to Submit a Quote

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

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

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

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

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

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

8. After acknowledgement, the bid will open.

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

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Bidders’ Conference details (if applicable)

f. Ship-to and Bill-to addresses

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

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

h. Bid Date

i. Required Date

j. Bid Q&A Close Date – date after which bidders no longer may ask questions about the bid

k. Bid Opening Date – date the bid closes and no further quotes will be accepted

l. Informal Bid Flag

m. Date goods/services are required

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

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with information from the bid.

Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

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

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

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

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote may be submitted. Any message in Yellow is a warning and will allow processing to continue.

The following messages are received:

• Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms.

• Your quote has not been submitted – information message; no action required

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

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

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

15. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential.