Outside Counsel RFR To Post - 2026 to Post 1~1.docx

REQUEST FOR RESPONSE

Outside Counsel Services

RFR# 2027-MGC-LEGAL/COMMBUYS# BD-27-1068-1068C-1000-135384

REQUEST FOR RESPONSE

Outside Counsel Services

RFR# 2027-MGC-LEGAL/COMMBUYS# BD-27-1068-1068C-1000-135384

ISSUE DATE November 12, 2026

1. Description or Purpose of Procurement:

The Massachusetts Gaming Commission (“MGC” or “Commission”) is seeking the services of outside counsel to provide legal advice and services as described below.

Background The Commission is charged with the regulatory oversight of casino gaming, sports wagering, and horse racing in the Commonwealth. To guide its work, the Commission adopted the following mission statement:

“The mission of the Massachusetts Gaming Commission is to regulate the legal casino, horse racing, and sports wagering industries with integrity and transparency. Our goal is to maximize consumer protections, minimize negative impacts, and promote responsible gaming through regulation, research and informed policy making. The Commission endeavors to create a fair and safe gaming environment in the Commonwealth while fostering economic benefits and a diverse workforce for its licensees, residents, and businesses.”

Purpose of Procurement The Commission seeks to procure the services of outside legal counsel on an as needed basis to work under the supervision of the Commission’s General Counsel. Work is to include providing counsel relative to general legal, regulatory, and enforcement issues related to the operation of a government agency and those specific to the Commission relative to its oversight of G.L. c. 23K, c. 23N, c. 128 and c. 128A. Such issues may include, but are not limited to, the promulgation and interpretation of regulations related to the administration and enforcement of casino gaming, sports wagering, horse racing, and any other matters under the auspices of the Commission; interpretation of the state conflict of interest laws, open meeting law, and public records law; employment law, labor law and grievances, employment investigations, and production of documents; matters related to data security and privacy and the confidentiality of information; intellectual property law; procurement; permitting and environmental matters; organizational governance; insurance; and matters relating to other Massachusetts-specific laws, codes, and regulations pertaining to the operation of the Commission. These services are intended to provide the Commission with additional legal support as requested.

Applicable Procurement Law

Executive Branch Goods and Services

2. Acquisition Method:

3. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is 6; the Commission may award more contracts or choose not to award a contract, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award If, over the life of the contract, the Commission determines that additional Contractors should be added, these may be drawn from qualified companies that responded to this Solicitation and were not awarded Contracts. If necessary to meet the requirements of the Commission, the Solicitation may be reopened to obtain additional Bids.

4. Entities Eligible to Use the Resulting Contract

· [Identify additional Eligible Entities by name]

5. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

Total Maximum Contract Duration

6. Anticipated Expenditures, Funding, or Compensation:

This is a rate contract. Estimated Value not expected to but may exceed $250,000 annually on a case-by-case basis.

7. Contract Performance and Business Specifications:

Scope of Services:

The Commission seeks to procure the services of outside legal counsel on an as needed basis to work under the supervision of the Commission’s General Counsel. Work is to include providing counsel relative to general legal, regulatory, and enforcement issues related to the operation of a government agency and those specific to the Commission relative to its oversight of G.L. c. 23K, c. 23N, c. 128 and c. 128A. Such issues may include, but are not limited to, the promulgation and interpretation of regulations related to the administration and enforcement of casino gaming, sports wagering, horse racing, and any other matters under the auspices of the Commission; interpretation of the state conflict of interest laws, open meeting law, and public records law; production of documents; employment law, labor law and grievances, employment investigations, and production of documents; matters related to data security and privacy and the confidentiality of information; intellectual property law; procurement; permitting and environmental matters; organizational governance; insurance; and matters relating to other Massachusetts-specific laws, codes, and regulations pertaining to the operation of the Commission. These services are intended to provide the Commission with additional legal support as requested.

The categories of services which will fall under the scope of this procurement are as follows:

Categories for Response

· Litigation

· General Outside Counsel Services

· Employment and Labor Law

· Data Privacy Law

· Intellectual Property Law Counsel must have a reputation for integrity, professionalism, intellectual rigor, and independence in advisory roles. References must demonstrate experience in the specific area(s) of law for which the proposal is submitted.

Bidder Qualifications The preferred firms will have expertise and experience in advising public sector clients and/or the operation of a regulatory body. The preferred firms will have the capacity to commit personnel and resources necessary to provide high-quality legal services in a timely and responsive manner.

It is preferred that bidders possess the following qualifications:

· Have been continuously operating for a minimum of ten (10) years preceding the date of submission.

· Must have license to practice law in Massachusetts

· Have at least five (5) years of experience advising public sector or similar clients.

· Have at least five (5) years of experience in the specific area(s) of law that the bidder is proposing to provide services for the Commission.

· Have at least three (3) client references for the specific area(s) of law that counsel is proposing to provide services for the Commission.

· Have the demonstrated capability of completing the types of projects or services solicited within the required timeframe.

· Be free of all conflicting Massachusetts gaming, sports wagering, or horse racing related influences. Counsel must disclose any current or prior contracts, or other significant engagements, over the past six (6) years with entities that have or could reasonably be expected to have a current or future interest in the development or operation of a gaming establishment, a sports wagering facility or operation or a horse racing facility in Massachusetts. Counsel must disclose the names of any such clients and the nature of the engagement(s). Counsel must also disclose if any individual associated with its firm has any significant interest or involvement in any such entities and the nature of such interest or involvement.

· Throughout the contract term, counsel must agree to notify the Commission immediately of any potential future contract or other engagement that would create a conflict of interest or an appearance of a conflict of interest.

The Commission reserves the right to exclude any bidders or terminate any contracts with firms with any clients that, in the judgement of the Commission, constitute a conflict of interest.

Performance Measures:

For the awarded bidder, continued qualification is based on performance:

· Performance reviews, as assessed through meetings between the vendor and relevant MGC staff as needed. These meetings also present opportunities for MGC and the vendor to work collaboratively to address issues that may arise.

· Vendors should be responsive in their engagements with MGC.

· Vendors must submit timely invoices.

· Complaints by MGC Staff will be taken into consideration and may lead to vendor suspension or termination.

Failure to perform contractual obligations may result in Corrective Action, Suspension and/or Termination.

Vendor may be terminated or suspended from this Contract for poor performance, failure to perform, non-responsiveness, non-compliance, fraud or other cause by the Strategic Sourcing Team (SST). Contractors may be terminated from the Contract with cause with thirty (30) days prior written notice or without cause with sixty (60) days prior written notice.

8. Small Business Purchasing Program and SDO Certification Program Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Executive Order 599 was established for reaffirming programs to ensure diversity, equity, and inclusion for diverse and small Massachusetts Businesses in State Procurement and Contracting. Pursuant to the SDO Certification Program and SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SDO Certified or SBPP participating business(es) as described below.

SBPP or SDO certified MBE, WBE, VBE Award Preference MGC has spending targets for Supplier Diversity Office (SDO) certified Minority Business Enterprise (MBE), Women Business Enterprise (WBE) or Veteran Business Enterprise (VBE) as well as Small Business Purchasing Program (SBPP) vendors. MGC may prioritize award preference as needed to help ensure sufficient spend in applicable categories. Please see section 14. “Evaluation Criteria” of this RFR for specific evaluation preference in award.

While all businesses, no matter the size, SDO certification standing, or principal place of business, are encouraged to submit responses to this solicitation, the contract shall nonetheless be awarded based upon the preference stated in section 14. “Evaluation Criteria” of this RFR.

SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SDO Certification Program Eligibility Businesses may take the certification self-assessment but should contact the Supplier Diversity Office regarding their eligibility for the diversity certification program.

Minority-, Women-, and Veteran-Owned firms that are not currently certified but would like to be considered as an M/W/VBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal.

SBPP and SDO certified MBE, WBE, VBE Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP or SDO Certification Program status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP or the SDO Certification Program status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage. To learn more about the SDO Certification Program, including how to apply, visit the SDO Webpage.

Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

Bidders and Contractors seeking assistance for SDO Certification Program may visit the Supplier Diversity Office webpage or call in at 617-502-8843 or contact SDO online at webmaster.sdo@mass.gov.

9. Supplier Diversity Plan (SDP) Plan Program Background Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE) Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners as follows:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

10. Environmentally Preferable Products Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

Bidders will submit the completed Environmentally Preferable Products Form as part of their response.

11. Mandatory Components of Bidder’s General Response Bidder’s General Response must contain all of these components. Bidders should merge these components into one Response document (either Word or PDF format) and submit it along with all items highlighted in red in Section 17 of the “Required Forms” table of this RFR.

Bidder must clearly identify in their response each category that they are bidding on. For each category bid on, there must be its own 1. Business Response, 2. Programmatic Response, and 3. Cost Response submittal sections inclusive of their corresponding subsections.

In authoring responses to this RFR, Bidders may use AI tools for basic word processing functions, formatting functions, and for tightening language already written by human authors. Bidders may not use AI to generate substantive content.

If AI was used in the preparation of this response, Bidders must detail how it was used and in which sections of the response.

A. Firm Overview Firm Name

Headquarters Location

URL of Company Web Site

Contact Name

Contact Title

Contact Email Address

Contact Phone Number

B. Proof of Small Business Purchasing Program and/or SDO Certification Program While all businesses, no matter the size, SDO certification standing, or principal place of business are encouraged to submit responses to this solicitation, if SBPP or SDO certified, Bidders General Response must contain documents proving their status as a Small Business Purchasing Program and/or SDO Certification Program vendor.

C. Firm Response (please do not include confidential or sensitive information in the application as the submissions are considered public records once they are received by the Commission) The bidder’s response should be no longer than ten (10) pages, excluding any required forms and resumes, which may be attached as exhibits. The sections of the response should be labeled to correspond with the sections outlined below (“Business”, “Programmatic”, etc.).

The bidder’s response should also include a cover letter that is signed by an individual authorized to bind the contractor, clearly commits the key personnel named in the response as being available to the Commission, clearly identifies any significant subcontractors and their roles and responsibilities, and includes a statement that the bidder’s proposal will remain in effect until the bidder withdraws its proposal or a contract resulting from this RFR is executed, whichever is later.

1. Business Response Bidder must clearly identify in their business response each category that they are bidding on. For each category bid on, there must be its own 1. Business Response, 2. Programmatic Response, and 3. Cost Response submittal sections inclusive of their corresponding subsections.

Categories for Response ☐Litigation ☐General Outside Counsel Services ☐Employment and Labor Law ☐Data Privacy Law ☐Intellectual Property Law

a. Vendor History The bidder shall provide a brief description of the firm, including its organizational structure, its scope of business, its internal organization, and number of personnel dedicated to major practice areas, its corporate and ownership structure, and whether any merger or acquisition plans are pending.

Each bidder shall provide a description of its relevant experience and expertise in advising public sector clients about regulatory matters including: (a) a general description of the relevant services the firm provides to other clients and (b) the staff at the firm dedicated to providing those services.

Each bidder shall sufficiently document the required bidder qualifications, outlined in Section 7, above.

Each bidder shall also describe any previous assignments undertaken for any entities which might pose a potential conflict of interest.

b. References The bidder shall provide a list of references from at least three (3) entities, preferably at least one of which is a governmental entity, for which the bidder has provided services similar to the work contemplated by this RFR. These references must include the following information:

· The client organization’s name and address

· The name and title, address, telephone number, and e-mail address for a contact person

· A brief description of the services provided

· The start and end dates for the project

c. Bidder’s Organization and Project Staff

i. Key Personnel

Identify the lead manager for the engagement as well as any anticipated key personnel including their titles and placement within the bidder’s organizational hierarchy, the bidder’s management structure for project oversight, and any instances in which the bidder intends to use a subcontractor. Additionally, provide a brief summary on how the composition of the key personnel and any other individuals assigned to the project will demonstrate a commitment to diversity.

The bidder may include a narrative describing the assumptions, limitations, and constraints on which the assignments may be based.

ii. Personnel Resumes The bidder must provide resumes for each individual proposed as key personnel for this project. The resumes should include a brief narrative describing the relevant experience of each named key personnel and how their particular experience relates to the proposed role on this project.

iii. Subcontracting Subcontractors are subject to approval by the Commission, and the vendor is ultimately responsible for managing subcontractor performance. The subcontractor must meet the same qualifications as the bidder, outlined in Section 7, above. If the bidder plans to use a partner or subcontractor for any element of the project, the bidder must:

· Identify each such partner(s) or subcontractor(s) by corporate name, address, telephone number, e-mail address, and status as a Minority, Veteran and/or Woman Business Enterprise (M/V/WBE), if applicable.

· Briefly describe the entity, including years in business, its organization, experience in the Commonwealth, and a summary of any previous experience similar to that proposed for its role in this project.

· State the element(s) of the project and the percentage of the total project for which the partner(s) or subcontractor(s) will be used, and how the bidder’s and the partner’s or subcontractor’s performance will be coordinated with the primary vendor’s over the term of the project.

d. Bidder’s Financial Stability The Commission reserves the right to require that the bidder or contractor, at any time during the procurement or contract term, submit any documentation requested by the Commission to demonstrate to its satisfaction that the bidder’s organization is in sound financial condition. The Commission may disqualify a bidder if the bidder fails upon the Commission’s request to submit the documents required by this section, or if the documents indicate to the Commission, in its reasonable discretion, that the bidder’s financial condition is unsatisfactory for the purposes of this project.

2. Programmatic Response It is anticipated that appropriate elements of the bidder’s programmatic response, informed by any negotiated modifications, will be incorporated into the Scope of Services for this project.

a. Expression of Interest The bidder should provide a narrative outlining its interest in the contract and noting the specific area(s) of law, as noted in the scope of services in Section 7, above, it proposes to provide services for under the contract. The bidder shall also provide a description as to why it believes it is qualified to provide those services.

b. Description of Proposed Staffing Each bidder should provide a description of how it proposes to staff this engagement. The proposed staffing plan should specifically address how the bidder intends to handle the likely scenario of being requested to provide resource-intensive services that are of high-quality and in a timely manner.

3. Cost Response The bidder must include with its response the proposed hourly fee schedule for all individuals, or job titles, who would likely to be involved in the provision of services.

12. Business Reference Form Provide at least three past or current business references (A client of similar business need is suggested but not required). Bidders must submit these references using the Business Reference Form attached to this bid posting in COMMBUYS. MGC may contact these references at its own discretion.

13. Prompt Pay Discount Form Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Bidders must submit a completed Prompt Payment Discount Form as part of their response. This form may be found attached to this bid posting in COMMBUYS

14. Evaluation Criteria Evaluation of Responses and Bidder Selection Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested from any or all bidders for evaluation purposes.

One or more representatives of the MGC will evaluate bidder’s response to this RFR. The Responses will be evaluated to determine if they satisfy all submission requirements. The MGC reserves the right to reject a Response for any reason. The MGC will then evaluate the Responses in their entirety in order to determine which Response constitutes the best overall Proposal and best value for the MGC.

Upon completion of the evaluation process, the MGC may request oral presentations with those vendors whose proposals offer the best overall options for the MGC, if the MGC believes such a presentation or presentations will be helpful in selecting the bidder that will be awarded the contract. MGC may also choose to allow Bidders the opportunity to submit a Best And Final Offer (BAFO). Once a successful bidder has been notified of its selection, the MGC will begin negotiations to reach a contractual agreement.

The following evaluation criteria will be considered in determining the successful applicant(s):

· Expertise and experience in providing the types of services solicited

· Range of services bidder is capable of providing within the scope of services being solicited

· Cost and fees, including proposed fee arrangement

· References and past performance

· Capacity to commit personnel and resources necessary to provide high-quality services in a timely and responsive manner

· Thoroughness, presentation and responsiveness of bidder’s response

· Commitment to diversity illustrated through composition of the key personnel assigned to the project, partner(s) or subcontractor(s) along with any SBPP or SDO certification, if applicable

· Any and all relevant information about the bidder known to the Commission Score Weighting

· Components of Bidder’s General Response is 65% - A bidder that demonstrates stronger qualifications and more experience and expertise in providing counsel to a governmental agency in regard to matters involving legal, regulatory and enforcement issues will be evaluated more favorably.

· Price is 10% - Bidder should submit their hourly fee schedule for legal services provided to the Commission. Price and overall value will be factored into the score. Prompt Payment Discount percentages will be factored against this pricing.

· Diversity Certification and Supplier Diversity Plan is 25% -

· All bidders should demonstrate a commitment to diversity illustrated through composition of the key personnel assigned to the project or use of partner(s) or subcontractor(s) which are certified diverse.

· Bidders that are SDO certified MBE, WBE, VBE, LGBTBE, or DOBE will receive award preference and will be reviewed first. If a bidder that is SDO certified MBE, WBE, VBE, LGBTBE, or DOBE does not offer best value then SBPP bidders and other SDO certified bidders will be reviewed. If SBPP and other SDO certified bidders do not offer best value, then all other bidders will be reviewed.

· All bidders regardless of SDO certification must complete and submit the SDP Plan Form. Bidders may not submit themselves as partners listed in the SDP Plan Form.

Best Value Selection and Negotiation The SST may select the Quote(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value to the Commission than was presented in the selected Bidder’s original Quote.

15. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Any submission that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

Requisite Forms for Submission of Response can be found in Section 18 of this RFR.

16. Estimated Procurement Calendar

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Online Questions (Bid Q&A) Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. Bid Amendment Deadline The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

d. Estimated Contract Start Date This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

17. Required Forms Responses to this RFR must contain the following documents. Bidders responding to this posting must submit requisite items in red font to COMMBUYS before the bid deadline.

(REQUIRED AFTER AWARD)

Electronic Submission

(REQUIRED AFTER AWARD)

Electronic Submission

The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).

18. RFR Attachments Appendix A: Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids

Appendix C: RFR – Other Specifications Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

image1.jpg