THE COMMONWEALTH OF MASSACHUSETTS

TRIAL COURT

OFFICE OF COURT MANAGEMENT

Two Center Plaza

9th Floor

Boston, MA 02108

ONLINE PROFESSIONAL DEVELOPMENT COURSES

REQUEST FOR PROPOSALS (RFP)

Document Number: BD-27-1107-1107T-TRC01-132834

Published: September 1st, 2026

Please Note: This is a single document associated with a complete Solicitation that can be found on COMMBUYS. All Bidders are responsible for reviewing and adhering to all information, forms, and requirements found in all tabs and related forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to www.COMMBUYS.com, select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding COMMBUYS navigation may refer to the COMMBUYS Resource Center at www.mass.gov/osd for documents and guides. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1- 888-627-8283. 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 and state holidays.

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Massachusetts Trial Court Office of Court Management

REQUEST FOR PROPOSALS (RFP)

SUMMARY SHEET

Purchasing Entity:

The Commonwealth of Massachusetts Trial Court Office of Court Management

Address:

Two Center Plaza 9th Floor Boston, MA 02108

Email:

Procurement@jud.state.ma.us

RFP File Name/Title:

Online Professional Development Courses

RFP Manager:

Patrick Teahan, Manager of Procurement & Strategic Sourcing

RFP Summary:

The Massachusetts Trial Court is issuing this Request for Proposals (RFP) to solicit responses from qualified vendors capable of providing a comprehensive library of online professional development and employee training content for use by Trial Court judges, elected and appointed officials, and employees.

The Trial Court currently utilizes Cornerstone OnDemand as its Learning Management System (LMS). The purpose of this procurement is to obtain online learning content that can be deployed and accessed through the existing LMS. The Trial Court is not seeking proposals for a new LMS platform or for LMS hosting, implementation, or migration services.

Official Publication Solicitation and Related Documents:

The Commonwealth’s sole official online procurement record site is “COMMBUYS”, http://www.COMMBUYS.com. All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS website. Hardcopy communications from the EOTC to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the EOTC.

***BID SUBMISSION DEADLINE***

October 9th, 2026, at 2:00 pm (EST) http://www.comm-pass.com/

1. Procuring Entity This RFP is issued by the Office of Court Management (OCM) in conjunction with the Trial Court’s Court Education Department (CourtEd).

The mission of the Trial Court’s Court Education Department is to support the administration and delivery of justice by increasing the knowledge, skills, understanding, and capacity of those who work in the Trial Court to successfully carry out our duties and responsibilities, and to treat all individuals with fairness, dignity, and respect. We accomplish our mission by working collaboratively with colleagues throughout the judiciary and with other professionals in the Commonwealth and around the country to develop and deliver professional development, continuing education, and ongoing training that is effective, practical, comprehensive, and engaging.

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.

2. Purpose & Scope The purpose of this Request for Proposals (RFP) is to solicit responses from qualified vendors capable of providing a comprehensive library of online professional development and employee training content for use by Trial Court judges, elected and appointed officials, and employees.

The Trial Court currently utilizes Cornerstone OnDemand as its Learning Management System (LMS). The purpose of this procurement is to obtain learning content that can be deployed within and accessed through the existing LMS.

The Trial Court is seeking content only. The Trial Court is not seeking proposals for a new LMS, LMS hosting services, LMS implementation services, LMS migration services, or any other platform-related solution. Any proposal that includes or requires the implementation of a new LMS may be deemed non-responsive.

The resulting contract will provide Trial Court employees with access to a broad catalog of online learning opportunities designed to support professional development, workplace productivity, technological proficiency, leadership development, communication skills, and employee wellness.

The Trial Court anticipates awarding a single contract as a result of this procurement. The contract will be available for use by all Trial Court departments and administrative offices throughout the Commonwealth. The anticipated user count is approximately 7,000 employees.

3. Specifications The requirements contained in this section are intended to provide a high-level overview of the services sought through this procurement. Detailed technical, content, compatibility, accessibility, support, and vendor qualification requirements are contained in Attachment A

– Bidder Response Form.

3.1 Online Training Content

The proposed solution must provide a broad catalog of current, professionally developed online learning content that supports employee development, technology proficiency, leadership development, diversity, equity, inclusion, accessibility, belonging, wellness, and other professional development topics relevant to the Trial Court. All learning content should reflect current research, best practices, and evolving workplace standards. Training materials must use people-first, inclusive, and respectful language that acknowledges the diversity of individuals and communities served by the Trial Court. Content should avoid outdated, stereotypical, biased, or exclusionary terminology and instead reflect contemporary language and concepts that promote equity, accessibility, cultural responsiveness, and psychological safety. The vendor must demonstrate a process for regularly reviewing and updating content to ensure terminology, examples, and instructional materials remain current, accurate, and aligned with emerging legal, social, and professional standards.

3.2 LMS Compatibility

The proposed solution must be fully compatible with the Trial Court’s existing LMS and support deployment, tracking, completion reporting, and ongoing maintenance within the LMS environment.

3.3 Accessibility and Language Access

The proposed solution must support accessibility, inclusion, and language access objectives through ADA-conscious design and multilingual content offerings where available.

3.4 Content Maintenance & Support

The proposed solution must provide ongoing content updates, maintenance, technical support, and administrative support necessary to ensure continued usability throughout the contract term.

3.5 Demonstration and Evaluation Access

Upon request, Bidders must provide demonstration accounts and related resources necessary for the Trial Court to evaluate the proposed content library during the procurement process and administer the contract after award. Demonstration access and user experience may be considered as part of the evaluation of content quality and LMS compatibility.

3.6 Service Level Expectations & Remedies

The Contractor shall provide responsive support and maintain the quality, availability, and compatibility of the content under this contract. At a minimum, the Contractor shall:

• Acknowledge support requests within one (1) business day;

• Resolve routine issues within three (3) business days whenever possible;

• Notify the Trial Court of any known content, security, or service issues that may affect users;

• Provide timely content updates and maintenance; and

• Maintain compatibility with the existing LMS.

The Trial Court reserves the right to require corrective action plans, increased reporting, service credits, contract suspension, or contract termination in response to persistent performance deficiencies.

4. Procurement Calendar 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 other sections of the RFP.

EVENT DATE

Bid Release Date September 1st, 2026

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

September 25th, 2026 @ 2:00PM EST

Official Answers for Bid Q&A published (Estimated)

September 29th, 2026

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

COMMBUYS)

October 9th, 2026 @ 2:00PM EST

Testing of Demonstration Account(s) Week of October 12th, 2026 (Estimated)

Notification of Apparent Successful Vendor(s) (Estimated)

October 2026

Estimated Contract Start Date TBD

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.

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.

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 Calendar above. Vendors are advised that the Trial Court restricts submission of questions to the Bid Q&A tool and requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone, email, or in-person inquiries will be accepted.

The Trial Court will review and consolidate vendor questions received by the deadline for submission and will provide answers for those questions deemed appropriate. Questions may also be answered via the Q&A tool on a rolling basis up to the date that answers are officially posted. 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 (The Commonwealth’s Procurement and Solicitation System - http://www.COMMBUYS.com) to all vendors.

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.

5. General Procurement Information

5.1 Acquisition Method

The acquisition method for this procurement is a subscription-based licensing model for online learning content and course libraries, and services related to the deployment and maintenance of the content.

5.2 Anticipated Compensation Structure

Compensation shall be based on a firm fixed-price annual subscription structure. Vendors shall provide pricing based upon approximately 7,000 annual users and shall include all costs associated with content licensing, content updates, maintenance, support, LMS compatibility assistance, and any other services necessary to satisfy the requirements of this RFP.

If applicable, vendors shall identify pricing by content library, content category, or bundled content offering.

The Trial Court makes no guarantee regarding actual utilization levels or course consumption during the contract term.

5.3 Single or Multiple Contractors

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

5.4 Eligible Entities

This procurement is intended for the exclusive use of the Judicial Branch in obtaining Online Learning Content for the Massachusetts Trial Court. Other court systems that comprise the Massachusetts Judicial Branch, including the Supreme Judicial Court and the Massachusetts Appeals Court, must be able to use the Online Learning Content and utilize the deliverables rendered under any resulting agreement as well as the services to be provided during the term of the agreement.

5.5 Anticipated Contract Duration

The expected duration of any contract resulting from this procurement is as follows:

Initial Duration: Two (2) Years

Renewal Options: Two (2) optional renewal periods of up to two (2) years each

Maximum Contract Duration: Six (6) Years

Contractor performance, pricing, customer service, content quality, and overall value will be considered when determining whether to exercise any renewal option.

5.6 Estimated Value of the Contract

The Trial Court is seeking the proposal that provides the best overall value, supports the required performance outcomes, and delivers the highest quality content and services at a competitive price.

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

5.7 Subcontractors

The use of subcontractors shall be subject to the provisions of the Commonwealth Terms & Conditions for Information Technology Contracts.

The Contractor shall remain fully responsible for all obligations, services, deliverables, activities, and performance requirements under any resulting contract, regardless of whether said activities are performed directly by the Contractor or a subcontractor.

Use of a subcontractor is subject to the approval of the Trial Court.

5.8 Addenda and Modifications to RFP

The Trial Court reserves the right to amend or cancel this RFP at any time, if it believes that doing so is in the best interests of the Trial Court. The Trial Court may cancel this RFP at any time prior to the execution and approval of a contract, in which event all proposals received in response to this RFP will be rejected.

It is the responsibility of each vendor to verify that it is in possession of the latest addenda or modifications to a solicitation for which it intends to bid. The Trial Court accepts no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document.

A bidder may not alter the RFP or its components. Modifications to the body of the RFP specifications, terms and conditions, or any other documents that would change the intent of the RFP, are strictly prohibited. Any modifications, other than where the vendor is prompted for a modification or alternative, may result in disqualification of the proposal.

The Trial Court will not be bound by or be responsible for any explanation, interpretation or conclusions concerning this RFP except those explanations, interpretations or conclusions provided by the Trial Court itself through the issuance of an addendum, clarification or other document published during the RFP process.

Should a bidder find discrepancies or omissions in this RFP, or any other documents provided by the Trial Court, the vendor should immediately notify the Trial Court of such potential discrepancy. Any communication relating to any discrepancies in this RFP identified by a bidder must only address the discrepancy identified and must not contain any unrelated questions, comments, or other information.

5.9 Reasonable Accommodation

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFP information in an alternative format, must communicate such requests in writing to the contact person listed on the Summary Sheet of this RFP.

Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation. The OCM reserves the right to reject unreasonable requests.

6. Submission Requirements All responses must be submitted electronically through COMMBUYS (www.COMMBUYS.com). Paper or email submissions will not be accepted. Bidder responses must remain in effect for at least 90 days from the date of bid submission, or for a longer period of time, if mutually agreed upon by the Trial Court and the Bidder.

Bidders must complete and submit:

• Technical Proposal

• Completed Bidder Response Form (Attachment A)

• Pricing Proposal (Attachment B)

• Completed Mandatory RFP Documents (Attachment C)

Technical Proposals and Pricing Proposals must be uploaded as two (2) separate documents. By submitting their proposal, the Bidder agrees to the terms of this RFP.

The signed bidder proposal shall be considered a firm offer on the part of the vendor. All proposals (including all statements, claims, declarations, and specifications in the bidder’s proposal) shall be considered firm and irrevocable for purposes of future contract negotiations unless specifically waived in writing by the Trial Court. Any contents of the proposal to be waived will be specifically outlined in written form and will be contained in the contract package as an individual attachment. The Commonwealth T&Cs for Information Technology cannot be negotiated, modified, superseded, or otherwise amended in any way.

http://www.commbuys.com/

Suggested or requested edits to the Commonwealth IT T&Cs will not be entertained by the Trial Court. The selected bidder’s signed proposal to this RFP, and any relevant correspondence and other documents submitted with the proposal, shall be incorporated into any resulting contract.

Vendor responses must remain in effect for at least 90 days from the date of bid submission, or for a longer period if mutually agreed upon by the Trial Court and the Vendor.

All materials submitted by a bidder in response to this RFP become the property of the Trial Court.

6.1 Technical Proposal

The Technical Proposal shall provide a clear narrative description of the Bidder’s proposed content library, service approach, LMS compatibility approach, support model, and ability to meet the objectives of this RFP.

Bidders are also required to complete Attachment A – Bidder Response Form. Attachment A is intended to provide a structured requirement-by-requirement response. The Technical Proposal narrative is not intended to repeat the responses in Attachment A. Instead, it should provide additional context, explanation, examples, and supporting information that helps the Trial Court understand the Bidder’s overall proposed solution.

At a minimum, the Technical Proposal narrative shall include the following:

• A cover letter that:

• Is signed by an individual authorized to bind Bidder to all representations and commitments made in the response,

• Confirms the minimum quote duration of at least 90 days, and

• Confirms that there is no pending litigation involving the Bidder that may impair or interfere with the delivery of proposed goods or services

• Company Background & Relevant Experience

• Proposed Content Library

• LMS Compatibility

• Technical Approach

• Accessibility & Inclusion

• Support & Maintenance

• 3 Business References

Bidders are encouraged to provide any value-added services provided by your company that are relevant to the scope of your response to this RFP. Please limit these value-added services to no more than 2 pages.

6.2 Pricing Proposal

Bidders shall submit a separate Pricing Proposal using Attachment B – Pricing Proposal.

Pricing shall be based on approximately 7,000 annual users.

The Pricing Proposal shall include:

• Annual subscription pricing;

• Pricing by content library, content category, or bundled offering, if applicable;

• Any implementation, onboarding, or configuration costs;

• Any optional services not included within the base subscription;

• Renewal period pricing; and

• Any discounts offered to the Trial Court

Bidders shall identify whether the proposed annual subscription pricing allows for an increase in user count. If additional users are not included in the base subscription price, Bidders shall provide the cost for additional users and the pricing methodology (e.g. flat per-user fee).

Bidders shall also describe how users are added during the contract term, when the additional costs are incurred, and how they are invoiced.

All pricing shall be inclusive of content licensing, updates, maintenance, support, compatibility assistance, and all other costs necessary to satisfy the requirements of this RFP unless specifically identified otherwise.

6.3 Mandatory RFP Documents

Bidders must submit fully executed originals of the following documents and forms with their Technical Proposal to the RFP:

• No Contact Policy/Restrictions on Contact with Court Personnel

• Prompt Pay Discount

• Vendor Acceptance Form

• Certification of Non-Collusion

These documents can be found in Attachment C. Bidders must complete all mandatory forms for their proposals to be considered in compliance with this RFP.

6.4 Sample Mandatory Contract Documents

This RFP package also includes a summary document with links to samples of documents that awarded bidders will be required to execute and submit as part of the resulting contract:

• Commonwealth of Massachusetts Standard Contract Form,

• Standard Contract Form Instructions and Contractor Certifications,

• Commonwealth Terms and Conditions for Information Technology Contracts,

• Verification of Taxation Reporting Information (W-9) – Massachusetts Substitute W-9

Form,

• Electronic Funds Transfer Payment Signup Form, and

• Contract Authorized Signatory Listing (“CASL”) Form

• Business Reference Template

Links to these documents can be found in Attachment D and are provided for review and reference only and are not to be completed and submitted as part of the RFP solicitation process.

The Business Reference Template is provided as a sample document because use of the template itself is encouraged but not required. However, submission of three (3) business references is required as part of the Technical Proposal.

7. Evaluation Criteria & Components Proposals will be evaluated based on the following criteria:

• Quality and breadth of content

• LMS Compatibility

• Vendor experience and references

• Accessibility

• Pricing

The criteria listed above are not presented in order of priority unless otherwise stated, and the Trial Court reserves the right to consider all evaluation factors in determining best value.

A bid which fails to meet any material term or condition of this RFP, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified.

Unless otherwise specified, Bidders may propose alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated RFP specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The proposal should describe how any alternative achieves substantially equivalent or better performance to that of the RFP specifications.

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

7.1 Bid Corrections & Clarifications

The Evaluation Committee may allow the correction of minor informalities in a Response.

Minor informalities are matters of form rather than substance and include clerical errors or minimal or insignificant mistakes that can be corrected without prejudice to other Bidders.

If the mistake is obvious to the Evaluation Committee, they may note the correction on the Response.

The Evaluation Committee may choose to initiate a clarification process to refine certain aspects of the Technical or Pricing Proposals. The Committee may request written clarification of prices, a further explanation of the contents of the Pricing Proposal, or a request for clarification of any aspect of the Proposal. If utilized, this process will be done through COMMBUYS.

7.2 Best and Final Offers (BAFO)

As part of its evaluation process, the OCMP, at its sole discretion, may elect to enter into a Best and Final Offers (BAFO) process with vendors. If the BAFO process is used, the pricing considerations and overall value of the Pricing Proposals under review may be re-evaluated based on the results received from the Best and Final Offers(s).

7.3 Debriefing Non-Successful Vendors

Vendors may request feedback from the Trial Court on the evaluation of its response to this RFP. The request must be submitted within fourteen (14) days of the notice of contract award to the selected vendor (notice of the contract award to be provided via COMMBUYS). The request for feedback is not a forum to debate the Evaluation Committee’s decisions. This section provides the means through which a Bidder/Vendor may improve its response to future competitive procurements and solicitations. For that reason, the Trial Court will not respond to requests in which, in the sole judgment of the Trial Court, a vendor attempts to debate or argue the Evaluation Committee’s decisions. The feedback provided will be in writing unless the Trial Court, in its sole discretion, chooses to give the feedback in person.

Prior to the formal Notice of Award, the Trial Court may choose not to discuss or provide any information in response to inquiries concerning the status of the procurement process, or other information, such as the number of vendors responding or the elimination of responding vendors, except for any information officially published via COMMBUYS.

8. Contract Obligations

8.1 Contract Documents

Any contract awarded as a result of this RFP shall consist of the following documents, listed in order of precedence:

i. Commonwealth Terms & Conditions for Information Technology Contracts;

ii. Commonwealth Standard Contract Form;

iii. This Request for Proposals (RFP) Document;

iv. Vendor Questions & the Trial Court’s Responses;

v. Any additional addenda, amendments, exhibits, or clarifications to the RFP issued by the Trial Court;

vi. Vendor’s submission to this RFP, inclusive of any corrections, clarifications, and any documents relating to a Best and Final Offer (BAFO process); and

vii. Any additional terms negotiated between the parties, if applicable.

The Commonwealth Terms and Conditions for Information Technology Contracts shall apply to any resulting contract. Bidders should review all applicable contract documents prior to submitting a proposal.

8.2 Contract Negotiation & Amendments

The Trial Court reserves the right to negotiate terms, conditions, pricing, content offerings, service levels, reporting requirements, and other matters deemed necessary to achieve the best overall value provided that such changes are consistent with the scope of this RFP.

Any amendments to the resulting contract must be executed in writing and signed by authorized representatives of both parties.

8.3 Pricing Changes

Pricing proposed in response to this RFP shall remain firm for the initial 2-year contract term and shall not be subject to increase during that term.

Requests for pricing adjustments during any renewal period must be submitted in writing at least 90 days prior to the effective date of the requested adjustment and must be supported by appropriate documentation demonstrating the basis for the request.

The Trial Court reserves the right to accept, reject, or negotiate any proposed pricing adjustment.

Nothing herein shall prevent the Contractor from voluntarily reducing pricing or providing additional discounts during the contract term.

8.4 Discounts

All vendors are encouraged to participate in the Commonwealth’s Prompt Payment Discount (PPD) initiative. Vendors shall submit proposed PPD terms as part of their response. The Trial Court reserves the right to accept, reject, negotiate, or waive PPD offerings if participation would be unduly burdensome to the vendor. Additional evaluation consideration may be given to vendors offering favorable PPD terms.

8.5 Billing

The billing must be submitted in an invoice format in accordance with the Commonwealth of Massachusetts Bill Pay Policy. Payments are processed with a 45-day payment cycle through Electronic Funds Transfer in accordance with the Prompt Payment Discount Policy for investment and cash flow purposes. The Trial Court may NOT negotiate accelerated payments and Payees are NOT entitled to accelerated payments UNLESS a prompt payment discount (PPD) is provided to support the Commonwealth’s loss of investment earnings for this earlier payment or unless a payment is legally mandated to be made in less than 45 days (e.g., construction contacts, Ready Payments under G.L. c. 29, 23A) (see Prompt Pay Discount Policy). PPD is identified as a percentage discount which will be automatically deducted when an accelerated payment is made. Reduced contract rates may not be negotiated to replace a PPD. If PPD fields are left blank on the Standard Contract Form or Prompt Payment Discount Forms please identify the exemption: (1) Statutory/legal/Ready Payments (2) federal/grant/trust or (3) initial state grant or entitlement payments for startup cost. Full details are available: Commonwealth of Massachusetts Bill Paying Policy.

8.6 Review & Acceptance of One-Time Services

One-time costs such as onboarding, content deployment, compatibility testing, configuration support, user training, and other related services shall be provided by the Contractor in accordance with the requirements of this RFP and the resulting contract. The Trial Court shall review any such service or work product to determine whether it conforms to the applicable contract requirements.

The Trial Court is not required to provide written acceptance of each individual service, activity, or work product unless expressly required by the resulting contract. However, the absence of written acceptance/rejection shall not be deemed acceptance of nonconforming services or work products and shall not limit the Trial Court's right to identify deficiencies and request corrections.

If the Trial Court identifies an issue, deficiency, or nonconformity, the Trial Court shall notify the Contractor in writing and request appropriate corrective action. The Contractor shall respond to any written acceptance/rejection within ten (10) business days and shall act diligently to investigate and correct the identified issue, deficiency, or nonconformity.

8.7 Audit Rights

The Trial Court reserves the right to audit records reasonably related to the services provided under any resulting contract, including pricing, invoicing, content licensing, and performance reporting.

https://public.powerdms.com/MAComptroller/documents/1779666 https://public.powerdms.com/MAComptroller/documents/1779666 https://public.powerdms.com/MAComptroller/documents/1779647 https://public.powerdms.com/MAComptroller/documents/1779647

The Contractor shall provide access to requested records within ten (10) business days following written notice from the Trial Court. Any overcharges identified through an audit shall be refunded to the Trial Court within thirty (30) calendar days.

8.8 Prime Contractor Responsibility

The Contractor shall serve as the single point of responsibility for all services provided under the resulting contract. The Contractor shall remain responsible for all subcontractors, third-party content providers, licensors, and affiliated entities involved in the delivery of services.

8.9 Contract Management

The Trial Court’s Contract Manager is the Department employee responsible for managing and administering the contract upon award. The Contract Manager will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of contractual duties. The Trial Court will designate the Contract Manager(s) who will work with the Contractor regarding day-to-day operational matters. The Contract Manager is the person with primary responsibility for communicating with the vendor(s) for the Trial Court.

The Trial Court’s RFP Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the RFP Manager if the bidder is having trouble accessing any required attachments electronically. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the evaluation committee regarding this RFP except as specified in this RFP, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFP during the active solicitation period.

Contract Manager:

Henriette Perkins 781-617-6782 henriette.perkins@jud.state.ma.us

RFP Manager:

Patrick Teahan

(617) 878-0420 Patrick.Teahan@jud.state.ma.us

8.10 Account Manager

The Contractor shall assign a dedicated Account Manager who shall serve as the primary point of contact for all contract-related matters. The Account Manager shall have authority to coordinate support, facilitate issue resolution, communicate updates, and address performance concerns.

8.11 Insurance Requirements

The Contractor shall maintain insurance coverage consistent with the requirements established by the Commonwealth of Massachusetts and any additional requirements identified during contract negotiations. Evidence of insurance shall be provided upon request.

8.12 Business Continuity and Disaster Recovery

The Contractor shall maintain appropriate business continuity and disaster recovery procedures designed to ensure continuity of services and timely restoration of operations following an interruption. Upon request, the Contractor shall provide a summary of its business continuity and disaster recovery capabilities.

8.13 Security Requirements

The Contractor shall maintain commercially reasonable administrative, technical, and physical safeguards designed to protect systems, content, and data associated with the goods & services provided under any resulting contract. The Contractor shall promptly notify the Trial Court of any security incidents that may reasonably impact the Trial Court’s use of the contracted services or content.

9. Miscellaneous Provisions

9.1 Availability of Funding

Any contract resulting from this RFP, and any amendment thereto, and any performance hereunder, is subject to the availability, and continued availability, of funding from the Commonwealth of Massachusetts. The determination of whether funding is available is solely within the Trial Court’s judgment.

9.2 Appropriation of Payments

Appropriations for expenditures by eligible entities of the Commonwealth (such as the Trial Court), and authorizations to spend for a particular purpose, are made on a fiscal year basis.

The Commonwealth’s fiscal year is a twelve (12) month period that begins July 1st and ends June 30th the following calendar year. The obligations of the Trial Court under any contract executed with a vendor selected through this RFP shall be subject to the appropriation of funds sufficient to discharge the Trial Court’s obligations that accrue in each fiscal year of the contract, and authorization to spend such funds for the purposes of the contract.

9.3 Ownership, Use, and Availability of Submitted Proposals

All materials submitted by a bidder in response to this RFP become the property of the Trial Court.

The Trial Court considers the responses to this RFP to be internal, working documents, which will become the property of the Trial Court, and it will not agree to any statements or endorsements in proposals or related documents submitted in response to this RFP that conflict with Trial Court practices related to such documents and material.

The Trial Court shall be under no obligation to return any proposal or materials submitted by a vendor in response to this RFP.

9.4 Costs of Bidder Proposals to RFP

A bidder shall bear all costs associated with their proposal, including preparation, photocopying, postage, delivery costs and any travel expenses that may be incurred during the solicitation process. No costs or expenses incurred by a vendor in responding to this RFP, or by participating in the RFP process, will be borne by the Trial Court.

9.5 Promotional Materials

No marketing or promotional materials using the Great Seal of the Commonwealth of Massachusetts, the Seal of the Trial Court of Massachusetts or listing the Trial Court of the Commonwealth of Massachusetts or the Commonwealth of Massachusetts as a customer of Contractor may be released, issued, distributed, or otherwise published in any form of media, including but not limited to print media, radio, television, world-wide web, by Contractor without the prior written approval of the Trial Court of Massachusetts. Use of Flag, Coat of Arms, and/or the Great Seal of the Commonwealth of Massachusetts for promotional or marketing purposes is prohibited. See 950 CMR 34.12.

Contractor may use the said marks in connection with performing their obligations under the resulting Contract, for non-marketing, non-promotional purposes.

Bidders are discouraged from including extraneous promotional or marketing materials in their responses and excessive promotional or marketing materials may detract from the Bidders’ overall score.

9.6 Artificial Intelligence Disclosure

The Massachusetts Supreme Judicial Court (SJC) has issued Guidelines for Use of Generative AI. These guidelines apply to the use of Generative AI tools by judges, clerks, registers, recorders, employees, law clerks, interns, and contractors of the Massachusetts state courts.

https://www.mass.gov/guidance/interim-guidelines-for-use-of-generative-ai https://www.mass.gov/guidance/interim-guidelines-for-use-of-generative-ai

Bidders shall fully disclose any use of Artificial Intelligence (AI), machine learning, or automated decision-making tools used in the preparation of proposal materials or incorporated in any contract resulting from this RFP. Disclosures must clearly identify (i) what data is accessed, stored, transmitted, analyzed, or shared by AI systems, (ii) the purpose of such use, (iii) any third parties involved, and (iv) the security, privacy, and retention practices governing that data.

The Trial Court reserves the right to opt out of any AI-enabled functionality at any time.

Bidders shall not implement new or expanded AI capabilities, data processing activities, or data-sharing arrangements after contract award without prior written approval. If any AI functionality is added, updated, or materially changed during the contract term, the Contractor must provide written notice at least 30 days in advance specifying the nature of the change and its data implications. Failure to disclose AI use or changes to AI functionality may be considered a material breach of the contract.

9.7 Pending Litigation

Bidder must affirm that there is no pending litigation involving the Bidder that may impair or interfere with the Massachusetts Trial Court’s right to use the requested services. Bidder must warrant that there are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party.

The Bidder shall submit information on any and all investigations, indictments or pending litigation by a federal, state, or local jurisdiction relating to the bidder, any officer, director, partner, or member thereof, any affiliate or any related company and any other requested information.

9.8 Review Rights

Responses to this RFP may be reviewed and evaluated by any person(s) at the discretion of the Trial Court including non-allied and independent consultants retained by the Purchasing Entity for the sole purpose of evaluating and analyzing proposals.

9.9 Brand Name or Equal

Unless otherwise specified in this RFP, any reference to a particular trademark, trade name, patent, design, type, specification, producer, or supplier is not intended to restrict this RFP to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

10. Attachments & Appendices Attachment A – Bidder Response Form

Attachment B – Pricing Proposal

Attachment C – Mandatory RFP Documents

Attachment D – Sample Contract Documents

10. Attachments & Appendices