OCM Small Office Equipment Repair RFP Final 11.3.23~1.pdf

THE COMMONWEALTH OF MASSACHUSETTS

TRIAL COURT

OFFICE OF COURT MANAGEMENT

TWO CENTER PLAZA

BOSTON, MA 02108

Request for Proposal (RFP)

TRIAL COURT SMALL OFFICE EQUIPMENT REPAIR

Document Number: BD-24-1107-1107T-TRC01-94912

FINALIZED: November 3rd 2023

PUBLISHED: NOVEMBER 6, 2023

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

All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the OSD Help Desk Helpdesk at OSDHelpDesk@mass.gov or the OSD Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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

SMALL OFFICE EQUIPMENT REPAIR

SUMMARY SHEET

Purchasing Entity:

Massachusetts Trial Court Office of Court Management

Address:

Office of Court Management 2 Center Plaza, 9th Floor Boston, MA 02108

Telephone:

(617) 878-0317

RFP File Name/Title:

TRIAL COURT SMALL OFFICE EQUIPEMENT REPAIR

Point of Contact:

Noreen Conley, Procurement Supervisor Ellen Osborne-Smith, Assistant CFO-Procurement

RFP Summary:

The Massachusetts Trial Court Office of Court Management (OCM) is soliciting Bidders to initiate a rate-based service agreement which would create and result in a pre-qualified, multiple vendor contract that can provide small office equipment maintenance, repair, parts, purchase and service primarily on typewriters, date time stamp machines, shredders, notary seals, as well as other office machinery and equipment not covered under statewide contract. Services are required on an as needed basis to any and all facilities within the Massachusetts Trial Court.

Official Publication Solicitation and Related Documents:

COMMBUYS (https://www.commbuys.com/bso) is the Commonwealth’s sole online procurement record site.

All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS website. Hardcopy communications from the TRIAL COURT to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the TRIAL COURT.

***BID SUBMISSION DEADLINE***

November 22, 2023, at 3:00 p.m. (EDT) https://www.commbuys.com/bso

RFP TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

SECTION 1.0 GENERAL SUMMARY 5

SECTION 2.0 SCOPE AND PURPOSE 6

SECTION 3.0 ACQUISITION/PURCHASE METHOD 6

SECTION 4.0 SINGLE/MULTIPLE CONTRACTORS 6

SECTION 5.0 SINGLE DEPARTMENT PROCUREMENT 6

SECTION 6.0 ANTICIPATED CONTRACT DURATION 6

SECTION 7.0 PROPOSAL SPECIFICATIONS 7

SECTION 7.1 PROCUREMENT PROCESS 7

SECTION 7.1.1 PROCUREMENT TIMETABLE 8

SECTION 7.1.2 CORRESPONDENCE 8

SECTION 7.1.3 VENDOR INQUIRIES 8

SECTION 7.1.4 RESTRICTIONS ON CONTACT WITH COURT PERSONNEL 9

SECTION 7.1.5 COMMBUYS 9

SECTION 7.1.6 MANDATORY RFP DOCUMENTS 10

SECTION 7.1.7 SAMPLE CONTRACT DOCUMENTS 10

SECTION 7.1.8 SUBMISSION OF PROPOSALS 10

SECTION 7.1.9 PROPOSAL DUE DATE 11

SECTION 7.1.10 CLARIFICATION AND CORRECTION OF PROPOSAL 11

SECTION 7.2 MANDATORY RESPONSE REQUIREMENTS V. BOLDED TEXT 11

SECTION 7.3 TECHNICAL PROPOSAL REQUIREMENTS 11

SECTION 7.3.1 GENERAL 11

SECTION 7.3.2 TECHNICAL PROPOSAL SPECIFICATIONS 12

SECTION 7.3.3 NO PRICING INFORMATION IN THE TECHNICAL PROPOSAL 12

SECTION 7.3.4 TECHNICAL PROPOSAL FORMAT OUTLINE 12

SECTION 7.3.5 TECHNICAL PROPOSAL FORMAT 12

SECTION 7.3.6 TECHNICAL PROPOSAL TRANSMITTAL LETTER 13

SECTION 7.3.7 EXECUTIVE SUMMARY 13

SECTION 7.3.8 MANDATORY FORMS AND DISCLOSURES 13

SECTION 7.3.9 VENDOR QUALIFICATIONS AND REFERENCES 14

SECTION 7.3.10 STAFF QUALIFICATIONS 15

SECTION 7.3.11 VENDOR TASKS (SCOPE OF SERVICES) 15

SECTION DESCRIPTION PAGE

SECTION 7.4 PRICING PROPOSAL 15

SECTION 7.4.1 PRICING PROPOSAL REQUIREMENTS 15

SECTION 7.4.2 PRICING PROPOSAL TRANSMITTAL LETTER 15

SECTION 7.4.3 PRICING STRUCTURE 15

SECTION 7.4.4 GENERAL COST CONSIDERATIONS 16

SECTION 7.5 PROPOSAL EVALUATION 17

SECTION 7.5.1 INTRODUCTION 17

SECTION 7.5.2 EVALUATION COMMITTEE 17

SECTION 7.5.3 OVERALL PROPOSAL REVIEW 17

SECTION 7.5.4 REJECTION OF PROPOSALS 17

SECTION 7.5.5 EVALUATION PROCESS 18

SECTION 7.5.6 EVALUATION PHASES 18

SECTION 7.5.7 RECEIPT OF PROPOSALS 18

SECTION 7.5.8 REVIEW OF MANDATORY RFP DOCUMENTS 18

SECTION 7.5.9 REVIEW OF TECHNICAL PROPOSAL 18

SECTION 7.5.10 REVIEW OF REFERENCES AND VENDOR EXPERIENCE 19

SECTION 7.5.11 VENDOR PRESENTATIONS (AT TRIAL COURT’S DISCRETION) 19

SECTION 7.5.12 CLARIFICATION OF TECHNICAL PROPOSAL AND VENDOR PRESENTATION 19

SECTION 7.5.13 REVIEW OF PRICING PROPOSALS 19

SECTION 7.5.14 CLARIFICATION OF PRICING PROPOSAL 20

SECTION 7.5.15 BEST AND FINAL OFFERS (BAFO) OPTION 20

SECTION 7.5.16 FINAL VENDOR RANKING AND NEGOTIATIONS 20

SECTION 7.5.17 ESTIMATED EVALUATION WEIGHTING 20

SECTION 8 CONTRACT OBLIGATIONS 21

SECTION 9 MISCELLANEOUS PROVISIONS 22

SECTION 10 APPENDICES 24

APPENDIX A: SCOPE OF SERVICES 25

APPENDIX B: MANDATORY RFP DOCUMENTS 27

APPENDIX C: PRICING STRUCTURE 31

APPENDIX D: MANDATORY CONTRACT FORMS 33

APPENDIX E: INSTRUCTIONS FOR VENDORS RESPONDING 34

BIDS ON COMMBUYS

COMMONWEALTH OF MASSACHUSETTS

Request for Proposals (RFP)

Published: November 6, 2023

Section 1.0 – General Summary

The Massachusetts Trial Court Office of Court Management (OCM) is soliciting Bidders to initiate a rate-based service agreement which would create and result in a pre-qualified, multiple vendor contract that can provide small office equipment maintenance, repair, parts, purchase and service primarily on typewriters, date time stamp machines, shredders, notary seals, as well as other office machinery and equipment not covered under statewide contract. Services are required on an as needed basis to any and all facilities within the Massachusetts Trial Court.

Section 1.1 – Procuring Entity

a) This RFP is issued by the OCM as the central administrative office for the Trial Court Department of the Commonwealth of Massachusetts (Trial Court).

b) This RFP is issued under laws, rules, procedures, and practices applicable to the

Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 CMR 21.00 et seq. which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor selection and contract negotiation phases.

c) The Judicial Branch of the Commonwealth of Massachusetts is comprised of three separate court systems - the Supreme Judicial Court, the Appeals Court, and the Trial Court.

d) The Massachusetts Trial Court was consolidated into a statewide court system by Chapter 478 of the Acts of 1978. The Massachusetts Trial Court is comprised of the OCM, EOTC, seven departments (Boston Municipal Court, District Court, Probate and Family Court, Juvenile Court, Housing Court, Land Court and Superior Court), the Office of the Jury Commissioner, and the Office of the Commissioner of Probation.

e) The Massachusetts Trial Court is headed by a Court Administrator (“CA”) who, in conjunction with the Chief Justice of the Trial Court (“CJTC”), shares management duties, with the CA primarily responsible for court administration and the CJTC primarily responsible for judicial administration. Together, the CA and CJTC manage and administer the Trial Court of Massachusetts and also have direct supervisory authority over the Office of the Commissioner of Probation and the Office of the Jury Commissioner. The CA is also the statutory employer of the approximately 6,400 employees of the Trial Court who work in over 100 locations across Massachusetts.

Section 2.0 – Scope and Purpose

The Massachusetts Trial Court utilizes many different types of small office equipment to support daily business operations. These items include, but are not limited to typewriters, date time stamp machines, shredders, and hand seals with engraved plates. With the volume of usage at court locations, it is not uncommon for the equipment to malfunction, breakdown, or experience performance degradation over time. The Trial Court sees the value in performing maintenance and repair of this equipment as opposed to purchasing new equipment when a malfunction or breakdown occurs. As such, the Trial Court is seeking qualified vendors who can service and repair this equipment, make recommendations as to feasibility of repair and resulting longevity of the equipment, and provide replacement equipment if necessary. Vendors should also be prepared to provide temporary or loaned equipment for court use if repair work necessitates the remedy to be performed off site.

It is the expectation of the Trial Court that the vendor will be able to serve all locations of the Trial Court regardless of geographic location, including Western Massachusetts, Nantucket, and Martha’s Vineyard. Although it is highly preferred that a vendor submit a response for all locations regardless of geographic location, a bidder will not be disqualified if they only bid to satisfy specific regions.

Section 3.0 – Acquisition/Purchase Method

The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service and/or Outright Purchase.

Section 4.0 – Single or Multiple Contractors

The Trial Court intends to award a contract to a single vendor to provide the specified services detailed in this RFP. Due to possible changes in the Trial Court’s needs, the availability of bidders, and other factors, the OCM reserves the right to award contracts to multiple vendors under this solicitation. Such determination will be made solely by the OCM.

Section 5.0 – Use of this Procurement by a Single Department Procurement/Multiple Department Users

This procurement is intended for the exclusive use of the Massachusetts Trial Court. All Massachusetts Trial Court locations are covered under this contract.

Section 6.0 – Anticipated Duration of the Contract (Including Renewal Options)

The expected duration of this contract is as follows:

Initial Term: Three (3) years

Renewal Options: Two (2) options to renew, each option is for a period of two (2) years.

Vendor performance will be a consideration in determining whether to extend/renew the contract.

Total Maximum Contract Duration: Seven (7) years

Anticipated Start Date: January 1st , 2024

The renewal option may be activated and exercised at the sole discretion of the Trial Court.

The optional contract years shall be activated by written correspondence sent by the Trial Court to the selected vendor, informing the vendor that the Trial Court is exercising its option to renew the contract for the time frame stated in the correspondence. As part of any possible renewal, the vendor agrees to complete and execute any additional documents necessary for the renewed agreement.

Estimated Value of the Contract

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes or amounts referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

Section 7.0 – Proposal Specifications

Bidder Qualifications

Vendors should demonstrate the ability to provide office equipment maintenance, repair, parts, purchase and service to typewriters, date time stamp machines, shredders, and hand seals with engraved plates as well as other office machinery and equipment not covered under statewide contract on an as needed basis to all Massachusetts Trial Court locations.

Performance/ Service Specifications and Requirements

Temporary Loaner Equipment

The Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

Geographic Service and Delivery Areas

This procurement/contract will cover approximately 120 Courthouses and various Administrative and Departmental offices throughout the Massachusetts Trial Court. These locations are broken down into five regions.

Region 1: Berkshire County, Franklin County, Hampden County and Hampshire Counties.

Region 2: Worcester County, Marlborough, Framingham, and Natick.

Region 3: Essex and Middlesex Counties.

Region 4: Plymouth, Bristol, Stoughton, Wrentham, Dukes, Nantucket, and Barnstable Counties.

Region 5: Suffolk County, Norfolk County, Dedham, Quincy, and all Administrative Offices including The Executive Office of the Trial Court, Office of Court Management, Trial Court Departments, Office of the Jury Commissioner and Office of the Commissioner of Probation.

Bidders will not be disqualified if they cannot provide their services to all regions or facilities.

Section 7.1 – Procurement Process

The following schedule of events for this RFP identifies the key events and deadlines for this process, some of which are set forth in more detail in the sections that follow.

Section 7.1.1 – Procurement Timetable.1

EVENT DATE

Solicitation: Release Date November 6, 2023

Deadline for Submission of Questions Through COMMBUYS “Bid Q&A”

November 10, 2023, @ 3:00 pm EST

Official Answers for Bid Q&A Published (Estimated)

November 13, 2023, @ 3:00 pm EST

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

November 22, 2023, @ 3:00 pm EST

Notification of Apparent Successful Bidder(s) (Estimated)

December 1, 2023, @ 3:00pm EST

Estimated Contract Start Date January 1, 2024

*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.

Section 7.1.2 – Correspondence

All correspondence related to this RFP, including vendor inquiries and vendor proposals, should be submitted through the Bid Q&A Tool on COMMBUYS.

It is the responsibility of the prospective Bidder/Program 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 Trial Court, including requests for clarification. The Trial Court assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Trial Court to be lost or rejected by any means including email or spam filtering.

Section 7.1.3 – Vendor Inquiries

a) Vendors may submit questions concerning this RFP to the Bid Q&A Tool on COMMBUYS no later than the dates and times specified in the Procurement Timetable (Section 7.1.1). Vendors are advised that the Trial Court: (1) restricts submission of questions to the Bid Q&A Tool and

(2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone or in-person inquiries will be accepted.

b) The Trial Court will review and consolidate vendor questions received by the deadline for submission and will provide answers for those questions deemed appropriate. Submission of a question does not guarantee a response to that question. The Trial Court reserves the right to provide consolidated responses to similar questions. Only properly submitted inquiries (submitted by the deadline on COMMBUYS) will be addressed. The answers to vendor questions will be made available electronically via COMMBUYS to all prospective vendors.

1 The Trial Court reserves the right to amend or delay any of the dates or times reflected above, as well as any other timeframes or deadlines referenced throughout this solicitation, if such a change is in the best interests of the Trial Court.

c) Vendor Inquiries on any portion of the RFP should NOT include proposed or actual cost data.

The inclusion of any proposed or actual costs in any inquiry may result in the vendor’s disqualification.

Section 7.1.4 – Restrictions on Contact with Court Personnel

a) From the issuance of this RFP, until a contract resulting from this RFP is executed by the selected vendor, any contact with personnel employed by or contracted to the Trial Court, other than as permitted in this RFP, including contact made pursuant to any pre-existing obligation, which results in discussing, commenting or seeking information about this RFP, will be considered a failure on the vendor’s part to conform to the provisions of this RFP and may result in the vendor’s disqualification.

b) Vendors currently under contract with the Trial Court, or that are otherwise already providing goods or services to the Trial Court for other projects, shall not make any contact with the Trial Court regarding this RFP as part of any communications related to their pre-existing obligation(s). Any attempts at communication regarding the current RFP process will be considered a failure on the vendor’s part to conform to the provisions of this RFP and may result in the Vendor’s disqualification.

c) During the aforementioned time period, no vendor shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal.

d) Violation of these conditions will be considered as sufficient cause by the Evaluation Committee, acting on behalf of the Trial Court, to reject a vendor’s proposal and/or selection irrespective of any other consideration.

e) A copy of the No Contact Policy is included in the Mandatory RFP Documents Appendix (Appendix B) and must be signed by the vendor and included in the vendor’s Technical Proposal.

f) Should the need arise, the Trial Court may contact vendors for clarifications pertaining to that particular vendor’s proposal at any time during the solicitation process.

Section 7.1.5 – COMMBUYS

a) The Commonwealth’s sole online procurement record site is COMMBUYS, at http://www.commbuys.com. All communications, clarifications, notifications, addenda, or other documents or information related to this solicitation are made through the COMMBUYS website.

b) The TRIAL COURT, as a courtesy, may notify vendors directly of any clarifications, notifications, addenda, or other documents or information related to his solicitation; however, the official publication source for any information provided is the COMMBUYS website. For this reason, vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the TRIAL COURT. Access to the COMMBUYS website is free and vendors must enroll and register per the instructions on the website;

http://www.commbuys.com.

Section 7.1.6 – Mandatory RFP Documents

a) Bidders must submit fully executed originals of the following documents and forms with its

Technical Proposal to this RFP:

i.) No Contact Policy/Restrictions on Contact with Court Personnel, and ii.) Vendor Acceptance Form.

iii.) Prompt Pay Discount Form

*All of the forms detailed above are attached to this RFP in Appendix B – Mandatory RFP Documents.

b) Bidders must complete all mandatory forms for their proposals to be considered in compliance with this RFP.

c) All of the forms detailed above are attached to this RFP in Appendix B – Mandatory RFP

Documents. The Commonwealth Terms and Conditions Form is also available through the Executive Branch’s Operational Services Division (OSD) website: (www.mass.gov/osd) (OSD Forms Tab).

d) Bidders must also submit a Pricing Structure with their Pricing Proposal (to be explained further in Section 7.4). Information regarding the Pricing Structure is located in Appendix C of this RFP.

Section 7.1.7 – Sample Contract Documents

In addition to the Mandatory RFP Documents detailed in Section 7.1.6 above, the selected vendor will also be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP in Appendix D – Mandatory Contract Documents2):

i.) Commonwealth of Massachusetts Standard Contract Form, ii.) Commonwealth of Massachusetts Terms and Conditions Form, iii.) Commonwealth of Massachusetts Electronic Funds Transfer Signup- EFT Form, iv.) Verification of Taxation Reporting Information (W-9) – Massachusetts Substitute W-9

Form, and v.) Contractor Authorized Signatory Listing (“CASL”) Form.

Section 7.1.8 – Submission of Proposals

a) Each response to this RFP must consist of two (2) separate proposals:

i.) Technical Proposal, and ii.) Pricing Proposal and Structure.

2 Sample Mandatory Contract Documents are provided only for review and reference and are not to be completed or submitted as part of the RFP solicitation process.

http://www.mass.gov/osd

b) The two documents must be submitted electronically via COMMBUYS as two file uploads and must be arranged and formatted according to the instructions contained in Section 7.3 (Technical Proposal) and Section 7.4 (Pricing Proposal).

c) All responses must be submitted via COMMBUYS. E-mail, paper, telegraphic, facsimile, oral, or telephonic responses or proposal submissions will not be accepted. Any such response or proposal will not be considered as a valid response or proposal to this RFP.

d) Detailed instructions on how to submit a bid on COMMBUYS are located in Appendix E – Instructions for Vendors Responding to Bids on COMMBUYS.

Section 7.1.9 – Proposal Due Date

a) Both the Technical Proposal and the Pricing Proposal must be received by the

Trial Court no later than the date and time indicated in Section 7.1.1 via the COMMBUYS website.

b) It is vendor’s responsibility to ensure that its proposal is received before the submission deadline and time specified in Section 7.1.1.

Section 7.1.10 – Clarification and Correction of Proposal

The Evaluation Committee may request additional information from vendors needed to clarify the vendor’s proposal or to facilitate the fair comparison of competing vendor proposals. These requests may be in the form of written questions seeking to clarify a technical or pricing proposal item, a request to itemize costs based upon a different cost spreadsheet format, correction of arithmetic errors or a Best and Final Offer (BAFO) for either the Technical or Pricing proposals.

Section 7.2 – Mandatory Response Requirements v. Bolded Text

Bold face text is used throughout this RFP for emphasis only. Mandatory Proposal Requirements are indicated by the terms “must”, “shall” “is/are required” or “will”, regardless of the highlighting or font style in the RFP.

Section 7.3 – Technical Proposal

Section 7.3.1 – General

a) Responses to this RFP must be prepared and submitted in accordance with the requirements outlined in this RFP.

b) Any proposal submitted with material deviations from the prescribed format, as determined by the Trial Court, may be considered non-responsive and excluded from further consideration or evaluation at the sole discretion of the Trial Court.

c) Copies of all mandatory documents and mandatory bid proposal material shall be submitted as part of the Bidder’s technical and pricing proposals as instructed by this RFP. All Mandatory RFP Documents are attached to this RFP as Appendix B.

Section 7.3.2 – Technical Proposal Specifications

a) Bidder proposals must address each specification, task or component included herein. (See Appendix A - Scope of Services). A Bidder may determine that it cannot respond to a technical or business specification as enunciated in the RFP but may believe it can offer equivalent or superior performance by some other means. In such cases, the Bidder should explicitly state that it cannot meet the specification as presented, propose an alternative and provide a thorough description of how the proposed alternative would provide the equivalent or superior performance of the specification. The Evaluation Committee will be the sole judge of whether a proposed alternative achieves at least an equivalent performance of the technical or business specification the vendor is identifying an alternative for.

b) All exceptions to any mandatory terms or response specifications contained in this RFP must be clearly stated in the Bidder’s proposal. If a Bidder’s proposal departs from the technical, performance or service specifications of this RFP, explicit reference must be made to the mandatory requirement and the Bidder must detail its recommendation and justifications for each departure from the term or specification. In the absence of such exceptions, the Bidder’s proposal will be presumed to have met the specifications as described and the capability of the Bidder to meet the defined requirement without modification will be presumed.

Section 7.3.3 – No Pricing Information in the Technical Proposal

Pricing information of any kind, regarding the services and/or products proposed, must not be included in any section of the Technical Proposal. Any Technical Proposal containing pricing information may be disqualified. Pricing information must be included only in the Bidder’s Pricing Proposal.

Section 7.3.4 –Technical Proposal Format Outline

a) Each Technical Proposal submitted in response to this RFP shall include the following sections, the requirements for which are provided in the following section:

Technical Proposal

• Technical Section 1: Technical Proposal Transmittal Letter

• Technical Section 2: Executive Summary

• Technical Section 3: Mandatory Forms (See Appendix B)

• Technical Section 4: Vendor Qualifications and References

• Technical Section 5: Staff Qualifications

• Technical Section 6: Vendor Tasks (Appendix A – Scope of Services)

Section 7.3.5 – Technical Proposal Format

a) The Technical Proposal shall detail the Bidder’s approach to each of the tasks detailed in Appendix A – Scope of Services. Bidders must use the section numberings and headings as outlined below for the format of their response. In parentheses after each heading below are references to the specific sections in this RFP to which the vendor must respond.

i.) Technical Proposal Transmittal Letter (7.3.6) ii.) Executive Summary (7.3.7) iii.) Mandatory Documents (included in RFP Appendix B) (7.3.8)

(a) Vendor Acceptance Form,

(b) No Contact Policy Acknowledgement

(c) Prompt Pay Discount Form iv.) Vendor Qualifications and References (7.3.9) v.) Staff Qualifications (7.3.10) vi.) Vendor Tasks (7.3.11)

Any spreadsheet attached as part of Appendix A must be filled out completely and attached (uploaded) in a separate (not embedded in a vendor formatted document) MS Excel formatted document.

Section 7.3.6 – Technical Proposal Transmittal Letter

a) The Transmittal Letter is used to communicate the Bidder’s submission of a proposal in response to the requirements contained in the RFP. The Technical Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor to all representations and commitments made in the vendor’s response.

ii.) Identify the name and contact information of the vendor’s representative who may be contacted for all contractual matters.

iii.) Indicate the vendor’s acceptance of all the terms and conditions in this RFP.

iv.) Clearly state that the vendor’s proposal is valid for ninety (90) days after the submission of the proposal or, upon mutual agreement, for a specified, longer period of time.

v.) Include a complete disclosure of any criminal litigation or regulatory action in which the vendor has been judged guilty by a court of law or been found responsible or liable by an administrative or governmental entity within the last five (5) years related to the subject matter of this RFP. Civil actions resulting in losses, settlements, or potential liability in excess of $250,000 must be included. If none, the vendor must include a statement to that effect.

Section 7.3.7 – Executive Summary

The vendor shall submit an Executive Summary that outlines its Technical Proposal. The Executive Summary shall, at a minimum, include the proposed products, and a summary of the proposed services of the submitting vendor as well as any subcontractors. This section should highlight aspects of the vendor’s proposal, which make it superior or unique in addressing the needs of the Trial Court. The Executive Summary is intended as an overview document that summarizes the contents of the Technical Proposal. Marketing literature, excessive descriptions and detailed documentation are discouraged.

While strict page limits are not mandated, vendors are encouraged to be concise and direct in describing their response.

Section 7.3.8 – Mandatory Forms and Disclosures

The vendor shall attach to its Technical Proposal all mandatory forms and disclosures required by this RFP. Mandatory forms are included in Appendix B.

Section 7.3.9 – Vendor Qualifications and References

a) The Trial Court is seeking a vendor with proven experience and demonstrated success within this field of services. The responding vendor shall provide a concise description of the responding company, including:

i.) Company’s legal name, ii.) Company’s state of incorporation, iii.) Nature of legal entity of company (e.g., Incorporated, D/B/A, L.L.C., etc.), iv.) Brief background of company, and v.) Company’s current staffing.

b) The vendor must also provide documentation of its “good standing” as a legal entity

(corporation, partnership, etc.) in the state or jurisdiction where it is registered as a legal entity.

For example, in the Commonwealth of Massachusetts, incorporated entities are required to file annual reports with the Secretary of State and pay the appropriate annual fees. Those vendors in compliance with the Secretary of State’s requirements are considered to be in ‘good standing’ and may obtain a certificate stating as such. If vendors are not able to obtain a certificate or document of good standing, vendors should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental or administrative entity with which it is registered (and should identify that regulatory, governmental or administrative entity).

c) The vendor is expected to provide at least three (3) client references that demonstrate experience in delivering the products and services described in this RFP. If possible, client references should be from companies of similar size and scope of the Trial Court. Each customer reference should include the following information:

i.) Name and address of the customer, ii.) Contact information for customer’s representative, iii.) Description of project, including functional purpose, goals, and objectives, iv.) Description of products and services provided, and v.) Current project status (live, completed, phase, suspended, delayed, terminated) and reasons for any delays or terminations.

d) The vendor must notify the Trial Court of, and provide information on, any contracts or other agreements between the vendor and a client that were terminated before the anticipated end of the scheduled term of the contract during the last five (5) years due to non-compatible/effective deliverables, service deficiencies or client dissatisfaction. The information provided must indicate the name of the client, the services rendered, the timeframe in which the contract was in existence including start date and scheduled term, the pre-mature termination date and the reason for the pre-mature termination. The Trial Court reserves the right to ask for further materials and information on any responses provided to this section. In the event the vendor and client executed a confidentiality agreement relating to the pre-mature or early termination of a lease, contract or other agreement, the vendor is to state such a confidentiality agreement exists and is to provide as much information as is allowable under the confidentiality agreement, including the identity of the client.

e) The vendor must identify and provide information on any contracts, leases, or other agreements that the vendor has entered into with any agency or department of the Commonwealth of Massachusetts in the past five (5) years. The information provided must indicate the name of the state agency or department that the vendor contracted with, the dates/timeframe of the contract or lease and the nature of the products and/or services provided.

Section 7.3.10 – Staff Qualifications

a) Vendor should also identify what staff it anticipates utilizing for these services to be rendered to the Trial Court for this project. Anticipated staff should be identified by their job title, department, years of experience, relevant education history, and a description of the services they are anticipated to provide.

Section 7.3.11 – Vendor Tasks (Scope of Services)

a) Vendors should identify any elements or aspects that they deem necessary and important to the process that are not identified by the Trial Court in its Scope of Services.

Section 7.4 – Pricing Proposal

Section 7.4.1 – Pricing Proposal Requirements

a) The vendor’s Pricing Proposal shall be labeled and prepared separately from the vendor’s

Technical Proposal. The vendor shall include the following items in its Pricing Proposal, the requirements for which are described in the following sections:

Pricing Proposal

Pricing Section 1: Pricing Proposal Transmittal Letter, and Pricing Section 2: Pricing Structure (Vendor Fee).

Section 7.4.2 – Pricing Proposal Transmittal Letter

a) The vendor’s Pricing Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor to all representations and commitments made in the vendor’s response.

ii.) Identify all materials included in the vendor’s Pricing Proposal; and iii.) Clearly state that the vendor’s proposal is valid for ninety (90) days after the submission of the proposal or, upon mutual agreement, for a specified, longer period of time.

Section 7.4.3 – Pricing Structure

This contract will be a RATE CONTRACT, which will be utilized on an as needed, as requested basis.

Section 7.4.4 – General Cost Considerations

a) Travel Expenses

Commuting expenses will not be reimbursed. Additional charges defined as “fuel surcharges” will not be accepted.

a) Orders

Order procedures: Delivery will be F.O.B destination with no shipping, freight delivery, handling, fuel charges or any other like charges to be paid by users of this contract.

Bidders/Contractors must respond accordingly. Payment for these expenses will not be processed under this contract and the invoice will be held for payment without penalty until a credit is received.

Order Receipt and/or Work Completion Receipt: The Contractor is required to obtain department employee signatures as verification of shipment and/or work completion. It is highly encouraged that a copy of said document is attached to the vendor’s invoice in order to assist verification of receipt in the accounts payable department. Order receipts shall include origin of shipment, destination, detailed list of items including any stock #s, dates of delivery, department signature, etc. Work orders or work completion receipts shall include contractor’s name, user department and contact name, dates of service, time of service (time in and time out) detailed scope of work performed, labor hours, items used for work, department signature, etc.

Payment: Invoices will be sent on a monthly basis to the OCM Fiscal Procurement Department, located at 2 Center Plaza 9th Floor Boston MA 02108, by the contractor. Contractor invoice should include the following:

• Name, address, telephone and fax number of contractor.

• Name and address of bill to Department and deliver to Department.

• Purchase order number.

• Date of invoice and date of delivery or service.

• Detailed breakdown of items delivered or service performed.

• Name of department contact person.

• Early payment discount terms.

b) Charges for Quotes

Charges for quotes will not be accepted as part of this contract. The department will not process and will not be responsible for any costs associated with quotes.

Insurance, License, Permit and Approval: The contractor shall inform themselves as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in this contract. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract (throughout its duration) and this will be done at the contractor’s expense. The contractor shall, at all times during the entire contract duration, maintain all *necessary insurance coverage, including, but not limited to, worker’s compensation, at contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damage resulting from contactor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

This Contract is subject to available funding.

Section 7.5 – Proposal Evaluation

Section 7.5.1 – Introduction

This section provides a description of the evaluation process and evaluation criteria that will be used to evaluate the proposals. To be deemed responsive, it is important for the vendor to provide appropriate detail to demonstrate satisfaction with each criterion and compliance with the provisions outlined in this RFP. Proposals must contain information specifically requested by this RFP. Failure of a vendor to submit the information requested may result in the elimination of the proposal from further evaluation.

Proposals submitted in response to the RFP will be the primary source of information used in the evaluation process.

Section 7.5.2 – Evaluation Committee

An Evaluation Committee will be established prior to the date designated in the Timetable for the return of vendor proposals. The Evaluation Committee will be involved in each phase of evaluation as detailed in this RFP. The Evaluation Committee will be restricted from contact with any vendor outside of the parameters defined in the No Contact Policy (Appendix B), from the release date of the RFP through the evaluation process. The Evaluation Committee will present its findings to the appropriate Trial Court Department.

Section 7.5.3 – Overall Proposal Review

a) The Evaluation Committee will favorably weigh vendor proposals that address requirements and tasks succinctly and completely in a direct, coherent, and clear fashion. This should include explanations of the time, resources, and tasks necessary to complete any modifications or design requirements that are not included in the vendor’s solutions.

b) The Evaluation Committee may determine that simple, one-word answers such as “agree”, “understood” or “acknowledged” do not provide an adequate answer. In the event that the Evaluation Committee accepts such an answer to a requirement, the vendor agrees by such answer to accept, without qualification, the Trial Court’s interpretation of the requirement as defined by the Trial Court.

c) All requirements and functionality defined in this RFP by the terminology “shall”, “must”, “is/are required” or “will” are deemed mandatory upon the responding vendor. Questions regarding clarification of the status of any requirement as mandatory for the response may be provided during the Vendor Inquiries phase.

d) No proposal will be opened or evaluated prior to the proposal due date.

Section 7.5.4 – Rejection of Proposals

The Evaluation Committee may, at any time in the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Committee, either the vendor or the vendor’s proposal failed to adhere to the provisions of the RFP, or to the response format and specifications outlined therein, or if the vendor engages in illegal or unethical conduct on or in some other way improperly attempts to influence the evaluation process.

Section 7.5.5 – Evaluation Process a.) The proposal evaluation process has been developed to ensure an impartial evaluation of all responses to this RFP. It encompasses the following phases:

i.) Receipt of Final Proposals, ii.) Mandatory RFP Documentation Compliance Review, iii.) Technical Proposal Evaluation, iv.) References and Vendor Experience Evaluation, v.) Vendor Presentation Evaluation (at Trial Court’s discretion), vi.) Pricing Proposal Review, and vii.) Best and Final Offers (if necessary).

Section 7.5.6 – Evaluation Phases

a) A description of each phase in the evaluation process is provided below. Please note that at any time during the selection process, the Trial Court may request any responding vendor to provide explicit written clarification of any part of its proposal.

Section 7.5.7 – Receipt of Proposals

a) All vendor proposals must be received by the Trial Court as of the date and time required in

Section 7.1.6 of this RFP. Any proposals received after the deadline will neither be opened nor evaluated. All proposals that meet the submission deadline will be recorded and reviewed for mandatory RFP documentation compliance.

Section 7.5.8 – Review of Mandatory RFP Documents

a) Each Technical Proposal will be reviewed for compliance with the Mandatory RFP Documents detailed in Appendix B. The Evaluation Committee may reject any proposal that does not include all mandatory documents. Proposals that pass the Mandatory RFP Documentation Compliance Review will have their Pricing Proposals held for later evaluation and will advance to the next stage of evaluation.

b) Upon completion of the review of conformity with Mandatory RFP Documents, a “Mandatory

Documents Conformance Report” will be filed with the appropriate Trial Court Department which identifies the vendor proposals that have submitted the proper mandatory RFP documents and that will proceed to the next phase of the evaluation process.

Section 7.5.9 – Technical Proposal Evaluation

a) The evaluator(s) will review each response separately and score it according to its merits.

b) After evaluating all written responses, the Evaluation Committee will file a “Technical Proposal

Evaluation Report” with the appropriate Trial Court Department documenting the Committee’s assessment of the Vendors’ Technical Proposals.

Section 7.5.10 – References and Vendor Experience Evaluation

a) The Evaluation Committee will conduct a review of References and Vendor Experience and will score each vendor using the criteria outlined in this section and the related Attachments and Appendices of this RFP.

b) After evaluating the References and Vendor Experience for each vendor participating in this phase of the process, the Committee will submit the results from the References and Experience evaluation in a “References and Vendor Experience Evaluation Report” to the appropriate Trial Court Department which documents the Committee’s assessment of the References and Vendor Experience portion of the evaluation.

Section 7.5.11 – Vendor Presentation Evaluation (At the Evaluation Committee’s Discretion)

a) The Evaluation Committee, at its own discretion, may schedule Vendor Presentations for up to three (3) vendors. The vendors will be selected from those with the three (3) highest cumulative scores after the Review of the Technical Proposal and the Review of References and Vendor Experience phases have been completed. In the event the Evaluation Committee conducts less than three (3) presentations, the number of vendors selected to participate in the presentation phase will correspond to their cumulative ranking after the prior phases (e.g., if two (2) vendors are selected to participate in the presentation phase, they will be the vendors with the two (2) highest cumulative scores from the prior phases). The Evaluation Committee will evaluate the Vendor Presentations using the criteria outlined in this section, the related Attachments/Appendices of this RFP and any additional criteria that are established for the vendor presentations.

b) The content, extent, and manner of proceeding of these presentations will be a matter of the

Evaluation Committee’s judgment. Participating Vendors will be provided advance notice of the format, structure, and substance of the Vendor Presentations.

c) After conducting Vendor Presentations for each vendor participating in the Vendor Presentation phase, the Committee will submit the results from the Vendor Presentation evaluation in a “Vendor Presentation Evaluation Report” to the appropriate Trial Court Department which documents the Committee’s assessment of the Vendor Presentation portion of the evaluation.

Section 7.5.12 – Clarification of Technical Proposal and Vendor Presentation

a) At any time during this solicitation, the Evaluation Committee, at its discretion, may choose to initiate a clarification process to refine certain aspects of the Technical Proposals (inclusive of Vendor References) or Vendor Presentation results. The format of this process will remain at the discretion of the Committee based upon their findings regarding the completeness of the vendor proposals. It may include a request for written clarification of features, further explanation of the contents of the vendor proposal, and/or a request for clarification of any aspect of the Technical Proposal or Vendor Presentation results.

Section 7.5.13 – Review of Pricing Proposals

a) Pricing Proposals will not be evaluated until after the Technical Proposal, Vendor Experience and References, and Vendor Presentation evaluations are completed.

b) In its review of the Pricing Proposals, the Evaluation Committee may take note of potential differences in the value of the various aspects of a vendor’s proposal or vendor’s experience level that rise above other proposals.

c) Vendors must list its fees for each segment in their Pricing Structure (See Appendix C). Any component part of the project not listed with its price shall be deemed to be available to the Trial Court at no charge.

d) While the lowest bidder may not be automatically selected, the proposal that achieves the goals and objectives of the Trial Court for this solicitation with the lowest total cost will receive higher consideration among qualifying vendors.

e) The Trial Court reserves the right to request clarifications from any or all of the responding vendors after the initial pricing proposal review.

f) After reviewing the Pricing Proposals, the Evaluation Committee will provide a “Pricing

Proposal Report” to the appropriate Trial Court Department that details the Committee’s review of the Pricing Proposals.

Section 7.5.14 – Clarification of Pricing Proposal

a) During the Pricing Proposal phase of the evaluation, the Evaluation Committee may choose to initiate a clarification process to refine certain aspects of the Pricing Proposals. The format of this process will remain at the discretion of the Committee based upon their findings regarding the complete nature of the vendor proposals. It may include a request for written clarification of prices, further explanation of the contents of the vendor Pricing Proposal, and/or a request for clarification on any aspect of the Pricing Proposal.

Section 7.5.15 – Best and Final Offers (BAFO) Option

a) Upon receipt of any clarifications and of the Pricing Proposal evaluation, the Trial Court, at its sole discretion, may elect to enter into a Best and Final Offers (BAFO) process. If the BAFO process is used, the pricing considerations and overall value of the contract may be re-evaluated based on the results received from the Best and Final Offer(s).

Section 7.5.16 – Final Vendor Rankings and Negotiations

a) Vendor proposals will be evaluated according to the estimated evaluation weighting of phases as detailed below. The evaluation weighting for the various components below has been assigned according to their importance to the Trial Court.

Section 7.5.17 – Estimated Evaluation Weighting

COMPONENT WEIGHTING RELATIVE

TECHNICAL PROPOSAL 60%

Does the vendor properly indicate ability to perform all tasks and services requested by this RFP?

REFERENCES AND VENDOR EXPERIENCE 20%

Does the vendor’s references and experience demonstrate superior performance to provide the services as requested by this RFP?

VENDOR PRESENTATION* 20%*

Does vendor presentation enhance or lower Evaluation?

Committee members expect that vendor can properly perform all tasks and services as requested by this RFP.

Total – Technical Proposal Total: 100%*

*If Vendor Presentations are not conducted, the points otherwise allotted for Vendor Presentations will not be calculated and final scoring and ranking will be based on Technical Proposal (75%), References, and Vendor Experience (25%).

Total – Pricing Proposal* To Be Evaluated

* Pricing Proposals will not be evaluated until all prior evaluation phases are completed.

Section 8.0 – Contract Obligations

Section 8.1 – Contract Documents

a) The contract awarded under this RFP will consist of the following documents**, which are placed in the order of precedence:

1.) Commonwealth Terms and Conditions, 2.) Commonwealth Standard Contract Form, 3.) The Request for Proposal (“RFP”), 4.) Trial Court’s Responses to Vendor Questions, 5.) Any additional addenda, amendments, exhibits or clarifications to the RFP issued by the

Trial Court, 6.) Any documents related to a Best and Final Offer process, 7.) Vendor’s RFP Technical Response, 8.) Vendor’s RFP Pricing Proposal, and 9.) Any additional documents from the Vendor (which may be incorporated into the final contract package but will not be executed by the Trial Court)

**The final…