OSA Internet Services RFQ 20221118.docx

OSA Internet Services Request for Quote (RFQ)

Issue Date: 11/18/2022 Proposal Due Date: 11/28/2022

THIS RFQ AND ALL RESPONSES HERETO INCLUDING THE WINNING BID SHALL BECOME PUBLIC RECORD, AND CAN BE OBTAINED FROM THE STATE AUDITOR’S OFFICE, LEGAL UNIT BY SENDING AN EMAIL TO https://www.mass.gov/forms/submit-a-public-records-request-to-the-osa . ANY PORTIONS OF A RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD.

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1. General Procurement Information General Information

Room 1819 Boston, MA 02108

Request for Quote (RFQ)

Attachment B – Vendor Certifications, Exceptions and Assumptions with Terms and Conditions of RFQ Attachment C – Vendor Information Attachment D – Business References

This Request for Quotes (“RFQ”) does not commit the Commonwealth of Massachusetts (“Commonwealth”) or the Massachusetts Office of the State Auditor (OSA) to approve a Statement of Work, pay any costs incurred in the preparation of a Bidder’s response to this RFQ or to procure or contract for products or services. OSA reserves the right to accept or reject any and all proposals received as a result of this RFQ and to contract for some, all or none of the products and services specified in this RFQ. OSA further reserves the right to negotiate with any or all qualified Bidders and to cancel in part or in its entirety this RFQ if it is in the best interest of OSA or the Commonwealth of Massachusetts to do so.

OSA reserves the right to amend the RFQ and to terminate this procurement in whole or in part at any time. If OSA decides to amend or clarify any part of this RFQ, such amendment will be posted on CommBuys.

Eligible Bidders Bidding is restricted to vendors on the following Statewide Contract: ITT72-Category 2-9: Network Services, Communications & Related Equipment. Interested Bidders must submit their bids through COMMBUYS.

COMMBUYS Link to ITT72-Category 2-9: Network Services, Communications & Related Equipment: https://www.commbuys.com/bso/external/purchaseorder/poSummary.sdo?docId=PO-20-1080-OSD03-SRC01-16621&releaseNbr=0&parentUrl=contract The selected vendor will be subject to all of the terms and conditions of Statewide Contract ITT72-Category 2-9: Network Services, Communications & Related Equipment. Any conflicting or additional terms, conditions, or agreements included in or attached to this form by the vendor shall be considered to be superseded and void. All terms herein shall be subject to OSA’s sole interpretation.

Event Calendar The following represents the proposed timeline for this RFQ and project. All times stated are in prevailing Eastern Time. These dates represent a tentative schedule of events. The OSA reserves the right to modify these dates at any time. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Description and Purpose of Procurement Organizational Overview The Office of the State Auditor (OSA) operates under the direction and control of the State Auditor, Suzanne M. Bump, an independently elected Constitutional Officer of the Commonwealth of Massachusetts. The OSA undertakes to provide the Governor, the Legislature, agencies, oversight agencies, and the general public with independent financial and performance evaluations of the various agencies, activities, and programs operated by the Commonwealth. The Auditor also has authority to audit federally-aided programs, as well as the thousands of vendors conducting business with the Commonwealth. In addition, the Auditor is responsible for the Division of Local Mandates (DLM) and the Bureau of Special Investigations (BSI). DLM is charged primarily with determining the financial impact of legislation on cities and towns and conducts cost-benefit research into municipally oriented programs. BSI investigates allegations of fraud and abuse against the Commonwealth’s human service programs. The OSA conducts financial, performance, and information systems audits in accordance with Generally Accepted Government Auditing Standards (the “Yellow Book”) which are issued by the Comptroller General of the United States.

Systems of the OSA utilize servers both on premise and in “the cloud”. OSA IT will be the primary interface to the operation during this RFQ process and support any questions regarding technology use or access to the network. Any implemented solution will be supported in part by OSA IT which will be the primary interface to the users and stakeholders for the project.

Project Overview OSA is a Massachusetts State Agency located in Boston with offices around the Commonwealth. OSA has 220 employees currently working in a hybrid model from home, across six office locations and in the field at other Massachusetts agencies.

OSA seeks a vendor to implement new 2 Gbs line internet service for use with Teams collaboration and Voice along with general internet and Microsoft Express Route.

This will be a standalone network connection, not a bridge to MagNet or Commonwealth networks.

The vendor may be on-site to install hardware.

Background and Current State OSA currently gets its internet access through EOTSS and their MagNet service.

Term The term of any resulting agreement made pursuant to this RFQ may extend in accordance with the terms and conditions of ITT72-Category 2-9: Network Services, Communications & Related Equipment. The currently anticipated professional services should be completed within three (3) months of contract signature. Additional related services may be performed under change orders or amendments.

Scope of Work The vendor must meet all the requirements outlined in Section 4: Scope of Work. The OSA will be responsible to evaluate vendor findings and make timely changes so as not to affect project schedules.

The OSA anticipates that the start date for the engagement will begin upon the receipt of a fully executed SOW.

To facilitate better requirements from the business, work will be completed, as needed, at the OSA’s facility at 1 Ashburton Place, Room 1819 in Boston, Massachusetts or through telework as agreed to by both parties.

Required Services and Deliverables The following services are required:

1. 2 Gbps Internet circuit, terminated at our Boston based co-location facility

2. DDoS protection service

3. Class C with a mask of at least /27 CIDR for 30 routable static IP addresses for OSA Massachusetts locations and services

4. Leased compatible router(s)

5. Installation and configuration services for router and lines

6. Rate scale/price for on-going troubleshooting and support services

7. Can deliver services within 90 days Project Management OSA staff will support the implementer as needed.

Order of Precedence Any agreement between the OSA and any Bidder resulting from this RFQ shall consist of the following documents in the following Order of Precedence:

1. Commonwealth’s Standard Information Technology Terms and Conditions;

2. Commonwealth’s Standard Contract Form;

3. Commonwealth’s ITT72-Category 2-9: Network Services, Communications & Related Equipment;

4. The successful vendor’s response thereto;

5. This Request for Quote (“RFQ”) for OSA Internet Services including any attachments, as they may be amended in a formal written RFQ process, including without limitation, by OSA (i) amendments to the RFQ, (ii) questions and answers posted by the OSA, and (iii) requests for technical corrections, clarifications, and best and final offers;

6. Any Statement of Work and any license agreement or other agreement negotiated between and executed by the parties under the RFQ; and;

7. Bidder’s response to this RFQ, including all amendments thereto and responses to requests for clarification or requests for best and final offer.

Potential Bidders who object to the order of precedence in this Section should not submit a response to this RFQ. This is NONNEGOTIABLE.

Submission Requirements Interested Bidders must submit their responses electronically using COMMBUYS.

Responses must be submitted in COMMBUYS no later than the response due date and time indicated in the Event Calendar or they will not be evaluated.

If Bidders have any issues with responding through COMMBUYS, they should contact the COMMBUYS Help Desk at COMMBUYS@mass.gov or call during normal business hours (8 a.m. -5 p.m., Monday - Friday) at (888) 627-8283 or (617) 720-3197.

Useful Links:

· Job aid on how to submit a quote: https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

· Webcast: How to Locate and Respond to a Bid in CommBuys, which will familiarize bidders with CommBuys terminology, basic navigation, and provide guidance for locating bid opportunities in CommBuys and submitting an online quote.

Responses must be received no later than the response due date and time indicated in the Event Calendar or they will not be evaluated.

Bidder Responses Business Response Bidders’ responses should include, at a minimum, the following:

A cover letter, signed by Bidders’ authorized signature, should affirm Bidder’s intent to perform the Services described in Section 4: Scope of Work. It should also clearly state that the Bidder agrees to the terms of this RFQ. Note that the letter should list the statewide contract number governing Bidder’s Response.

A description of Bidder’s proposed approach and any proposed additions to Scope of work outlined in Section 4 of this RFQ.

A proposed project plan for the Services, Initial Deliverables, Priorities, and Tasks listed in Section 4.

A resource plan that lists proposed staff members by name, their respective role(s) and the percent of time they will be working on this project. Please include a summary of qualifications for each staff member.

A listing of materials, tasks, systems access, etc. that the Bidder expects the OSA to provide or perform. Note: Any item not listed in this portion of the response will be assumed to be provided by the Bidder within the stated price/scope.

Any terms and conditions that require OSA technicians to help carry out the offered service level. Include relevant SLA documentation with proposal.

Business References should be submitted in the format provided in Attachment D.

DO NOT INCLUDE PRICING IN THE BUSINESS RESPONSE.

Cost Response Bidder’s response for the cost proposal is preferred to be an all-inclusive fixed price quote.

Bidder should include project costs, non-recurring costs, and recurring costs. (service line costs pre-negotiated with OSD).

Bidders must submit a Cost Response (Attachment A) as part of their bid. Note that all responses must include both a fixed bid proposal and a rate card detailing the hourly rates used to develop the fixed price proposal (if applicable, please identify any volume discounts that may be available).

Bidders are encouraged to submit alternate list of Deliverables if it would meet the requirements of Section 4: Scope of Work and result in a more advantageous proposal for the Commonwealth.

Responses missing either the fixed bid or rate card will be considered incomplete and will not be accepted.

Proposal Evaluation and Award Process Evaluation Criteria The responses to this RFQ will be evaluated based on the criteria listed below. The criteria are listed in descending order of importance with the most important criteria listed first. The procurement management team reserves the right to remove from further consideration non-responsive bids and those that include attempts by the Bidder to alter the Commonwealth’s standard legal terms.

OSA reserves the right to engage in a Best and Final Offer (BAFO) period. The highest scoring bidder or bidders may be requested to submit BAFOs.

OSA reserves the right to reject any and all Proposals. OSA reserves the right not to enter any agreement under this RFQ.

The Evaluation Criteria will be scored based on the following:

· Provided project implementation detail

· Days to deliver service

· Service call SLA

· Line performance SLA

· Service, leasing, and ongoing maintenance costs Project Statement of Work All project engagements entered into under this Contract will require the Bidder to negotiate and execute a Statement of Work in the form of the Statement of Work Template. Contracting Departments may include additional terms in the Statement of Work.

Confidentiality The Bidder shall not divulge to third parties any confidential information obtained by the Bidder or its agents, distributors, resellers, sub-Bidders, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the OSA.

Additional Requirements Enterprise IT Policies and Standards All IT systems and applications developed by or for the OSA must conform to all relevant Enterprise Information Technology Policies, Standards and Guidelines promulgated by the Executive Office of Technology Services and Security (EOTSS) as they exist at the time of this RFQ’s publishing including, but not limited to, Access Control Security, Information Security, Data Classification, and Physical & Environmental Security to ensure that the system can properly classify data sensitivity levels, appropriately track data, and secure data.

Accessibility for IT Solutions Contract Language The Commonwealth is obligated to ensure non-discrimination and equal access to state services on the part of persons with a disability and reasonable accommodations to state employees with a disability. To effectively meet its responsibilities, the Commonwealth must achieve accessibility in the acquisition, deployment, and utilization of information technology. The Commonwealth defines accessibility to include compliance with its Enterprise Accessibility Standards and Web Accessibility Standards. These standards encompass the principles of Section 508 of the Federal Rehabilitation Act, the World Wide Web Consortium’s Web Content Authoring Guidelines, version 2, level AA (WCAG2 Standards), and the concept of usability for individuals with disabilities. Bidders must comply with the accessibility obligations detailed at https://www.mass.gov/service-details/accessibility-for-it-solutions-contract-language.

Bidders must include, at no additional cost and as part of their bid, licenses authorizing the Commonwealth personnel (including without limitation Agency personnel or its contractors) to test the software in accordance with the Enterprise Accessibility Standards, and for to test for interoperability with the specific AT and IT environments set forth in the AT/IT Environment List. The software must be available to the Commonwealth for evaluation prior to EOTSS purchasing the software and on an ongoing basis after the Agency has purchased the software.

Promotional Materials Bidder must not reference the OSA or the Commonwealth in any promotional or marketing materials, including but not limited to use of the OSA’s or the Commonwealth’s name or logo, without first obtaining the OSA’s prior written approval for such use. Bidder must not use the Commonwealth’s seal in any promotional or marketing materials.

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.

Pending Litigation Bidder must affirm that there is no pending litigation involving the Bidder, Provider, or the goods and services provided in the response, that may impair or interfere with the OSA’s right to use the goods or 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.

Project Change Orders The Bidder will likely be entering into a fixed-price contract with OSA to perform the tasks outlined in this RFQ pertaining to internet services. Should changes in scope or any other project element be required, the Project Manager requesting a change in scope will provide the suggested change in writing to the other team’s Project Manager in the form of a change request. The Project Managers will jointly determine whether the change impacts the schedule. The parties can mutually agree to the change through a written change order or, where the change will amend the terms of the contract, through a written amendment to the Statement of Work, which must be approved by OSA, and an authorized representative of the Bidder.

If applicable, prices estimated by the awarded contractor’s Project Manager must be agreed upon and approved in writing by both the contractor and OSA prior to any actual change implementation.

Project Document Repository During the course of the project, the Bidder will be required to provide a document repository that will house all project documentation including this document, status reports, change orders, the project schedule, meeting agendas, minutes, team members and their contact information, and other documentation the OSA Project Manager deems necessary. OSA staff must be able to copy all documentation to an internal OSA project folder once the implementation phase is complete.

Initial Project Plan Bidders must provide an initial project plan as part of their RFQ response that encompasses the OSA Internet Services project proposed by the Bidder.

This initial project plan must take into account all project aspects defined within this RFQ and identify other recommended tasks, milestones and key deliverables.

The Bidder may propose to complete this project in phases, some of which may be worked on concurrently and/or are dependent upon OSA staff time and available funding.

The initial project plan will be refined during negotiations with the successful bidder as part of finalizing the statement of work (SOW) for this project. Most of the standard terms of the attached template are nonnegotiable (including without limitation the warranties set forth therein) but the parties will negotiate the specific approach to the timeline of the Software and Services Tasks and Deliverables. OSA reserves the right to hire the winning Bidder, at the hourly rates included in its bid, for work closely related to the project described in this RFQ but not specifically described herein.

After the contract is awarded the contractor’s Project Manager and the OSA will further refine the initial project plan as appropriate. The schedule may also be refined to account for this new project plan.

Assumptions, Qualifiers, and Constraints The OSA staff will be responsible for arranging for cross connection at the co-location, but will require service specifications from the bidder to do so.

Terms and Conditions General By submitting a proposal in response to this RFQ, Bidders agree to the following terms:

All quotes submitted in response to this RFQ must be valid for a minimum of ninety (90) calendar days.

The OSA will not pay for any costs other than those set forth in the Bidder’s response to this RFQ.

Extraneous marketing or promotional materials are discouraged and such information will not be factored into the evaluation of Bidders Procurement and Proposal Terms and Conditions

· The OSA reserves the right to alter, amend, or modify any provisions of this RFQ, or to withdraw this RFQ, at any time prior to the award of a contract.

· The OSA reserves the right to waive informalities and minor irregularities in proposals received.

· Proposals must include any and all proposed written warranties, maintenance/service agreements, license agreements, and lease purchase agreements. The omission of these documents may render a proposal non-responsive.

· The OSA reserves the right to reject any or all proposals.

· The OSA shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the OSA after all proposals have been evaluated.

· Any irregularities or lack of clarity in the RFQ should be brought to the OSA’s attention via COMMBUYS.

· Descriptions regarding all services and/or equipment that will be used to meet the requirements of this RFQ shall be given, in detail, along with any additional informational documents that are appropriately marked.

· Proposals may be withdrawn by written notice only if received prior to the proposal closing time.

· Prices offered by vendors in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded vendor agrees to provide the purchased services at the costs, rates, and fees as set forth in their proposal in response to this RFQ.

· The OSA is not liable for any costs incurred by vendors prior to entering into a formal contract. Costs of developing the proposal or any other such expenses incurred by the vendor in responding to the RFQ, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the OSA.

· Proposals submitted per proposal submission requirements become the property of the OSA; selection or rejection does not affect this right.

· If Bidders have any exceptions and/or assumptions to any of the terms and conditions in this RFQ, they MUST identify in detail their exceptions and/or assumptions in the proposal. In order for any exceptions and/or assumptions to be considered they MUST be documented and included in the response. The OSA will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline.

Contract Terms and Conditions

· The awarded vendor will be the sole point of contract responsibility. The OSA will look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this RFQ, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

· The OSA will not be liable for Federal, State, or Local excise taxes.

· OSA may include additional terms in the Statement of Work.

· OSA shall have the option at its sole discretion to modify, increase, reduce, or terminate any activity related to any Agreement entered into under this RFQ whenever, in the sole judgment of OSA, the goals of the project have been modified or altered in a way that necessitates such changes.

· The OSA may procure additional products or services from the winning Bidder to provide additional related products or services under this RFQ. If additional funds become available, the OSA reserves the right to increase the maximum obligation under this RFQ subject to available funding, satisfactory contract performance, and service or product needs. OSA may determine that previously approved work products are no longer required, or that work products or Deliverables must be modified and the scope of the Agreements entered into hereunder will change accordingly.

· In connection with the performance of work under this RFQ, the vendor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, or age, including, without limitation, with regard to employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation apprenticeship.

Confidentiality of Proposals All responses and information submitted in response to this RFQ are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10 and to M.G.L. c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

This RFQ and all responses hereto including the winning bid shall become Public Record as of the date the contract referenced herein is awarded and can be obtained from the OSA by sending an email to publicrecords@sao.state.ma.us, with a subject of “RFQ Public Request”. Please reference this specific RFQ. Any portions of a response that are labeled as confidential will still be considered Public Record once the contract is awarded.

Bid/Response Rejection The OSA reserves the right to reject any or all bids (responses), in whole or in part and for any reason deemed non-compliant or non-responsive per this RFQ, its attachments or any subsequent changes. Bidders are advised to check prior to submitting a response to ensure that they have the most recent RFQ files. Bidders may not alter (manually or electronically) the RFQ language or any RFQ component files. Modifications to the body of the RFQ, specifications, terms and conditions, or which change the intent of this RFQ are prohibited and will disqualify a response. The OSA reserves the right not to enter any agreement under this RFQ.

Contract Amendments The OSA reserves the right to alter, amend, or modify any provisions of this RFQ, or to withdraw this RFQ, at any time prior to the award of a contract. The OSA may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFQ. The OSA reserves the right to negotiate and execute contract amendments with the contractor(s) which the OSA determines as necessary to result in the intent of this RFQ, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful contractor(s) of this RFQ. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

Limitations This RFQ does not commit the Commonwealth or the OSA to approve a statement of work, pay any costs incurred in the preparation of a Bidder’s response to this RFQ, or to procure or contract for products or services. The OSA reserves the right to accept or reject any and all proposals received as a result of this RFQ and to contract for some, all or none of the products and services as a result of this RFQ. The OSA further reserves the right to negotiate with any or all qualified Bidders and to cancel in part or in its entirety this RFQ if it is in the best interest of the OSA or the Commonwealth of Massachusetts to do so.

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

Nonresponsive Bids The OSA reserves the right to exclude from further consideration nonresponsive bids that fail to meet the submission requirements of this RFQ.

HR Policies Prior to Contract execution, all project team resources must pass a CORI background check and a Department of Revenue (DOR) tax check, provide proof of citizenship or appropriate work visa, and complete state agent ethics training (approximately one-hour course). It is however expected that there will be a mix of remote and on-premises based activity for this project.

ATTACHMENT A - Cost Response The Bidder must complete a broken down cost model of labor and materials (licensing etc.) that will be used to compare respondents.

Bidders are encouraged to elaborate appropriately and succinctly any features or additional considerations not called out in the requirements that are deemed important differentiators or essential functionality.

Fixed Price Deliverables and Tasks.

Bidder should define the professional services tasks and deliverables and payment milestones that Bidder proposes and are included in the fixed price proposed. The total should match the Bidder’s quote line item for professional services. Bidder must clearly indicate whether the services will be performed onsite or off-site.

At the sole discretion of OSA, professional services fees may be subject to a fifteen percent (15%) holdback, to be released upon the successful completion of the Project.

Bidder must include in the deliverables price information for required and recommended proposed training, QA and all tasks which will be included in the SOW as required in the response.

Time and Materials Resources Bidder should define the hourly rates of Key Personnel should they be required for additional time and materials work, potentially provided by Bidder under a related, future Task Order or SOW amendment executed by the parties.

Unanticipated Service Rates Vendor must define the hourly rates or fees for additional customization services that may be available but not needed to implement the solution. Standard operating guidelines are that customizations will not be the preferred method if software configurations can achieve the same result. Customizations which are outside of the approved scope of work defined in the implementation plan will require execution of an OSA Approved Change Order prior to beginning the customization.

ATTACHMENT B – Vendor Certifications, Exceptions and Assumptions with Terms and Conditions of RFQ I have read, understand and agree to comply with the terms and conditions specified in this Request for Proposal.

Specifically, it is understood that the contract anticipated start date on or about June 2022 and the engagement’s completion date of August are tentative dates that should be agreed to by both parties before final acceptance.

YES I agree to comply with the terms and conditions specified in this RFQ.

NO I do not agree to comply with the terms and conditions specified in this RFQ.

In order for any exceptions and/or assumptions to be considered they MUST be documented in detail in the tables below. The OSA will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline. Vendors must be specific. Nonspecific exceptions or assumptions may not be considered. If the exception or assumption requires a change in the terms or wording of the contract, the scope of work, or any incorporated documents, vendors must provide the specific language that is being proposed in the tables below.

Company Name

Signature

Type Name

Date

ATTACHMENT C – Vendor Information Vendor Must:

A) Provide all requested information in the space provided next to each numbered question.

B) Type or print responses; and C) Sign legal authorization

Telephone Number

Facsimile Number

Toll Free Number

Contact Person for Questions / Contract Negotiations, including address if different than above

Name:

Title:

Address:

Email Address:

Telephone Number for Contact Person

Facsimile Number for Contact Person

Name of Individual Authorized to Bind the Organization

Signature Individual must be legally authorized to bind the vendor

ATTACHMENT D – Business References Business references are required from all vendors for at least three referring businesses. Business References must include the following:

Name and Address of the Referring Company Name of the Referring Individual Contact Information for the Referring Individual including Email Address and Phone Number

Business Reference 1 Referring Company Name

Address

Referring Individual Name

Business Reference 2 Referring Company Name

Address

Referring Individual Name

Business Reference 3 Referring Company Name

Address

Referring Individual Name

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