PRF76 MDI Consultant RFQ V2.docx

The Commonwealth of Massachusetts Executive Office of Economic Development 1 Ashburton Place Boston, MA 02108

Request for Quotes (RFQ)

Date: 8/5/24 Document Title: EOED PRF76 MDI Consultant COMMBUYS Bid#: BD-25-1100-EED01-EED01-105937 V2

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 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT. ANY PORTIONS OF A RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD.

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal, state, and Suffolk County holidays.

1. General Procurement Information

a. General Information

Attachment B – SBPP and SDP Plan

This Request for Quotes (“RFQ”) does not commit the Commonwealth of Massachusetts (“Commonwealth”) or EOED to approve a Statement of Work (“SOW”), pay any costs incurred in the preparation of a Bidder’s response to this RFQ or to procure or contract for products or services. EOED may (i) accept or reject any and all proposals received as a result of this RFQ; (ii) contract for some, all or none of the products and services offered by Bidders in response to this RFQ; (iii) negotiate with one or more of the qualified Bidders; or (iv) cancel, in part or in its entirety, this RFQ if it is in the best interest of the Commonwealth to do so.

EOED may amend this RFQ at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement website, COMMBUYS (www.commbuys.com).

Bidders must submit their bids through the Commonwealth’s online procurement system, COMMBUYS, as detailed in Attachment A. Bidders are advised to check this site regularly, as this will be the sole method used for notification of changes.

b. Order of Precedence

The formal agreement (“Agreement”) resulting from this RFQ shall consist of the following documents in the following order of precedence:

1. the Commonwealth Terms and Conditions,

2. the Commonwealth Standard Contract Form,

3. the applicable Statewide Contract,

4. the Bidder’s response thereto,

5. this RFQ (including all amendments, Agency answers to related Bidder questions and clarifications hereto),

6. any SOW or agreement negotiated between and executed by Agency and Bidder, and

7. the Bidder’s response to this RFQ (including all amendments, clarifications, and best and final offers).

EOED shall have no obligations toward a Bidder until the Agreement has been executed.

c. Eligible Bidders

Responses to this RFQ may be submitted only by vendors on the current list of vendors pre-qualified by the Operational Services Division to perform services under the following contract categories, please see in Attachment B:

· Category II – Program Development, Organizational and Strategic Planning Services

· Category IV – General Data Analytics Services and Evaluation Services

· Category V – Downtown/Town Center/Commercial Area Revitalization Consulting Services

· Category VI – Planning, Zoning and Development Consulting Services

Vendors will be considered eligible if they possess the following minimum qualifications:

· The ability to successfully conduct quantitative research projects and have experience collecting data using a variety of techniques.

· At least three (1) public sector client references for the types of services solicited. Commonwealth of Massachusetts agency references are preferred.

d. Event Calendar

All times in this RFQ are prevailing Eastern Time. Responses must be received no later than the response due date and time indicated below, or they will not be evaluated. Bidders must have their responses fully loaded and accepted in COMMBUYS[footnoteRef:1] prior to the RFQ Response Due date and time listed below. Bidders are urged to allow sufficient time to upload their entire response. [1: Use of COMMBUYS as the procurement system is mandatory for all Level III Executive Branch Department Purchasing Entities subject to 801 CMR 21.00 (as defined in https://www.mass.gov/doc/conducting-best-value-procurements-handbook/download). Other Purchasing Entities outside of the Executive Department may specify a separate procurement system.]

The dates may change and are not binding on EOED. Any change in the date and time of the submission deadline will be posted on COMMBUYS. Bidders are responsible for actively monitoring COMMBUYS for any and all updates to this RFQ. If there is a conflict between the dates in this calendar and dates on COMMBUYS, the dates on COMMBUYS shall prevail. Any changes in this calendar that are made after the RFQ has been published will not result in amendments to the RFQ. Such changes will appear only on COMMBUYS. Bidders are solely responsible for checking COMMBUYS for calendar updates.

DEADLINE FOR RESPONSES:

Deadline Date: August 26th, 2024 Deadline Time: 5:30 p.m. EST

e. Applicable Procurement Law

This is a purchase of goods and services subject to MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00.

f. Single Contractor EOED expects to award this contract to one (1) Contractor. EOED may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

If, over the life of the contract, EOED determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened at any time to obtain additional bids.

g. Entities Eligible to Use the Resulting Contract Any SOW resulting from this RFQ will be a limited user contract restricted to use by EOED only. EOED reserves the right to add additional user entities during the Term, limited to agencies of the Commonwealth.

2. Description or Purpose of Procurement

Background and Objectives:

The Executive Office of Economic Development (EOED), MA Downtown Initiative Program (MDI), in collaboration with MA Cultural Council’s (MCC), Cultural Districts Initiative (CDI) and MassDevelopment’s Transformative Development Initiative (TDI), effectively work to improve downtown areas' vibrancy and economic stability through a blend of technical support, economic development, cultural support, and place-based initiatives. This RFQ seeks the services of a state-approved consultant listed on PFR76 to develop a strategy to enhance the collaboration and efficiencies where the three entities can work collaboratively to benefit downtowns/town centers of the Commonwealth.

The three programs share a common theme of assisting Commonwealth communities with downtown/town center revitalization through proven economic development tools. Each program brings unique strengths and perspectives to the table:

MA Downtown Initiative - provides a holistic approach and a blueprint for downtown revitalization through technical assistance support.

The primary mission of the MDI is to make downtown revitalization an integral part of community development in cities and towns across the Commonwealth. MDI's guiding principles are that the most effective approach to downtown revitalization is holistic, addresses economic and community development needs, and provides a framework of interrelated activities that promote positive change in downtown to keep it healthy and prosperous.

MA Cultural Districts - leverages arts and culture to drive economic growth and community enrichment.

Launched in 2011 by an act of the state legislature, Cultural Districts attract artists and cultural enterprises to a community, establish tourist destinations, preserve and reuse historic buildings, drive economic growth, strengthen our distinctive local character, and improve the quality of life of families across Massachusetts. By supporting arts, humanities, and science organizations, Cultural Districts attract tourists and entrepreneurs, which in turn help communities foster their cultural sector and expand their tax base.

Transformative Development Initiative - building local capacity, leadership, partnership development and strategic investments in Gateway Cities.

Established by the Legislature in 2014, TDI builds economic development ecosystems in Gateway Cities by innovating and cultivating relationship-based networks among businesses, public and private sector institutions, and residents. Through three years, TDI deploys dedicated economic development organizers, the TDI Fellows, and provides strategic guidance and resource allocation that accelerates the transformation of both the human and physical fabric at the neighborhood level. This approach enhances local economies, making them more resilient and competitive, thereby attracting increased investment opportunities.

Scope of Work:

Phase 1 - Discovery: Initial meeting to discuss scope and deliverables and adjust if needed to meet the goal of a strategic plan that brings all three entities into a partnership that will support the economic initiatives based on the communities they represent. The consultant will be responsible for familiarizing themselves with the programmatic approach of all three entities.

This will entail:

· interviews with key personnel of each program

· understand each programmatic approach and solutions

· review of current and past program methods for best practices

Deliverable 1: The final report and documentation will be reviewed to ensure the consultants understand each organization and that the collaboration engagement is aligned.

Phase 2 – Inventorying: Additional components of the scope of work

· Compile a list of district designation distinctions in MA (i.e. BID, Cultural District, TDI, Historic District, TIF, DIF, Parking Benefits District, Vacant Storefront District, Destination Marketing District, etc.) and a brief overview of each. The data ideally could be collected in a format where all the district designations could be mapped to see overlaps across the programs.

· Identify potential regional and statewide agencies, and their programs (i.e. MAPC, the BARR Foundation, and Community Foundations), offering targeted support to downtowns and district entities that could provide greater assistance to this collaboration.

· Identify potential partnerships and programs between state agencies that have a natural or potential connection to or interest in downtowns.

Phase 3 – Action Plan:

· A strategic plan that consists of recommendations detailing how the three organizations can collaborate to support each other’s efforts, and to further the efforts of communities and municipalities throughout the Commonwealth.

· This will include but not be limited to a draft Action Plan and roadmap between the collaborators, a listing of roles and responsibilities, and examples of institutionalizing implementation going forward.

· General state policy recommendations on the successful growth of this partnership collaboration. Recommendations on core competencies or staffing needed to execute the growth of this partnership.

3. Estimated Start Date; Contract Term

It is anticipated that the selected Bidder would be required to begin performance on or about October 1, 2024. EOED may elect to establish an alternative start date as needed. The intent of this SOW is that the SOW for this phase be completed within six months. For purposes of contracting the estimated term of the SOW entered into under this RFQ shall consist of an initial term of approximately twelve months to expire September 30, 2024, and may be renewed or extended upon written agreement by the awarded Bidder and EOED, subject to satisfactory contractor performance, appropriation, and the availability of funding. The initial term and all renewals or extensions shall be referred to collectively as the “Term.”

Initial Duration

12 Months

Total Maximum Contract Duration

36 months maximum

4. Anticipated Expenditures, Funding or Compensation

Estimated Value of Procurement: $50,000

There could be additional phases of this RFQ with a maximum amount totaling $150,000.

There is no guaranteed minimum and EOED makes no guarantee that any services will be requested from any Bidder as a result of this RFQ. EOED reserves the right to negotiate final compensation, scopes of work, deliverables, and payment schedules with qualified bidders. The amounts indicated are only estimates. Contract amounts during the period of any contract are subject to a selected bidder's response, and may increase or decrease based upon contract negotiation, performance selected, appropriation, or availability of funds.

The compensation structure must follow the requirements set forth in PRF76 and will be according to the project as described in response to this bid and agreed upon in the Statement of Work and contractual scope of services. Awarded vendors are required to provide specific and transparent prices in all responses to bid quotation requests.

Costs under PRF76 must be determined through project-based compensation. Vendor response must include an up-to ceiling rate for each job classification under the contract (see classifications in the table above). The vendor response must also state if the duties of any of the job classifications will be performed by subcontractors. Vendors are expected to be competitive with the project and provide a detailed transparent budget related to the scope of the services to complete.

5. Contract Performance and Business Specifications:

This RFQ seeks the services of a state-approved consultant listed on PFR76 to develop a strategy to enhance the collaboration and efficiencies where the three entities (Executive Office of Economic Development (EOED), MA Downtown Initiative Program (MDI), MA Cultural Council’s (MCC), Cultural Districts Initiative (CDI) and MassDevelopment’s Transformative Development Initiative (TDI) ) can work collaboratively to benefit downtowns/town centers of the Commonwealth.

1. Additional Services - Performance Monitoring & Account Management The successful vendor shall provide account management with in-depth attention to organizing, planning, supervising, and reviewing the project and budget in progress at any time if requested by EOED and subject to EOED oversight and final approval. The vendor shall commit to a level of service (number and experience of employees and corresponding number of full-time equivalents) as determined in the response to this RFQ and shall maintain that level of service throughout the term of the contract. Additionally:

· Vendor will meet all deliverables in work plan.

· Staff with an appropriate range of skills will be available for the project.

· The successful vendor is responsible for the satisfactory performance and adequate oversight of any subcontractors. Any provisions contained in any subcontract agreement do not bind EOED nor is EOED ruled by any requirements that could conflict with the requirements of Statewide Contract PRF76. Subcontracting should appear seamless to EOED and back-up documents shall be included with regular invoicing.

6. Additional Requirements

a. Contract Negotiations and Amendments

The Purchasing Entity may negotiate changes to the original performance measures, quantities, Term length, and requirements identified in this RFQ at any time, provided that such changes are consistent with the scope of this RFQ. The Purchasing Entity may negotiate and execute contract amendments with the awarded Bidder(s) which the Purchasing Entity reasonably determines are within the scope of this RFQ and necessary to result in best value to the Commonwealth.

b. Promotional Materials

Bidder must not reference the Purchasing Entity or the Commonwealth in any promotional or marketing materials, including but not limited to use of the Purchasing Entity’s or the Commonwealth’s name or logo, without first obtaining the Purchasing Entity’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.

c. Pending Litigation

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

d. Oral Presentations and Demonstrations

In its discretion, the Purchasing Entity may invite one or more Bidders whose responses have been judged competitive and responsive in the course of the evaluation to participate in a facilitated oral presentation, including a demonstration of the proposed services. The Purchasing Entity may use these demonstrations and oral presentations to clarify aspects of the Bidder’s response or to inquire as to the Bidder’s approach, recommendations, and experience. The Purchasing Entity may adjust its scoring of a prospective Bidder based on the Bidder’s performance during production demonstration and/or oral presentation.

The Purchasing Entity reserves the right to apply restrictions to the structure and content of Bidder’s product demonstrations and oral presentations. Demonstrations and oral presentations shall not be open to the public nor to any competitors. The schedule of the demonstrations and oral presentations will be arranged directly with the Bidders selected by the Purchasing Entity. Failure of a Bidder to agree to a date and time may result in rejection of the Bidder’s response.

e. Review Rights

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

f. Permitted Copies

If applicable, Bidders must authorize the Purchasing Entity to make, and retain reasonable number of machine-readable copies of all licensed, core software components included in the deliverables for testing, backup, or archival purposes (the “Permitted Copies”). Such authorization shall be provided to the Purchasing Entity at no additional cost.

g. Warranties

The Bidder must agree to provide the following warranties. Additional warranties may be agreed to in the contract resulting from this RFQ.

I. Bidder must provide all warranties required by the applicable Statewide Contract.

II. Bidder and its subcontractors will be sufficiently staffed and equipped to fulfill Bidder’s obligations under any SOW or engagement resulting from this RFQ. Bidder warrants that it shall be responsible for the actions and omissions of all subcontractors and shall ensure that all subcontractors comply with the terms of an agreement resulting from this RFQ.

III. Bidder’s services will be performed: (i) by appropriately qualified and trained personnel; (ii) with due care and diligence and to a high standard of quality as is customary in the industry; (iii) in compliance with the Milestone Schedule and the terms and conditions of this RFQ and any contract hereunder; and (iv) in accordance with all applicable professional standards for the field of expertise.

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

V. Bidder will obtain all rights, grants, assignments, conveyances, licenses, permissions, and authorizations necessary or incidental to any materials owned by third parties supplied or specified by the Bidder for incorporation in the Deliverables to be developed under the applicable Statewide Contract.

h. Environmental and Climate Preferable Products

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders also should be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

For more information please visit https://www.mass.gov/environmentally-preferable-products-epp-procurement-program or https://www.mass.gov/handbook/environmentally-preferable-products-and-services-guide.

i. Eligible Bidders This RFQ is restricted to Bidders on the following Statewide Contracts: PRF76

j. Subcontractors: Description of any services that will be subcontracted and details of proposed subcontractor(s), if any

k. Bidder Demonstrations: If chosen as a finalist, an interview with the awarded bidder is required.

7. Bidder Responses All Bidder responses must be submitted via COMMBUYS and must include the components described herein.

By submitting their response, the Bidder agrees to the terms of the RFQ. In addition, by submitting their response, the Bidder affirms that there is no pending litigation involving the Bidder or the services provided in the response that may impair or interfere with EOED’s right to use the services.

All materials submitted to EOED during this RFQ process become the property of EOED upon their receipt and will not be returned. Except as provided in the Massachusetts Public Records Law, all materials submitted to EOED may be subject to release as public records. In no event shall EOED, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Bidder for the disclosure of all or a portion of a response or related information submitted during this RFQ.

Responses must at a minimum, use the required bidders’ response form, which is saved within the attachment section in COMMBUYS for this solicitation. The bidders’ response form includes detailed information on the expertise and experience of the firm in providing the desired service, examples demonstrating the bidder’s capabilities in the subject area, and a description of the core competencies of the vendors, as well as any subcontractors’ vendors intend to use (prior approval of EOED required for any subcontracted service of the contract).

8. Evaluation Criteria

The responses to this RFQ will be evaluated based on the criteria listed below. The Strategic Sourcing Team (SST) may remove from further consideration non-responsive bids and bids that do not include all required items listed in Section 7 (Bidder Responses). Prior to such an exclusion, the Purchasing Entity may request one or more clarification(s) from Bidders. A Bidder’s response may be excluded for failure to meet the Purchasing Entity’s budgetary thresholds.

Should this RFQ result in a contract with an annual spend amount of less than $250,000, bids from certified small businesses are highly desired, in accordance with ReOrg Plan S.2937 “An Act to Elevate the Supplier Diversity Office to Ensure Equal Opportunity in State Contracting,” the Agency will follow guidance provided by the Supplier Diversity Office in evaluating Bidder responses.

Any remaining responses will be evaluated based upon:

· Strength of narrative related to addressing scope of service = 25 points

· Submission of similar work product or narrative related to working with state agencies in a collaborative strategic plan = 20 points

· Demonstrates a base knowledge of EOED/ MDI, MCC/CDI, and MassDevelopment/TDI = 20 points

· Staff Qualifications related to working on the scope of work = 5 points

· Company information = 5 points

· general overview

· years in business

· number of full- and part-time employees and consultants/contract employees by functional area

· Contact person for this RFQ

· Supplier Diversity Plan = 25 points

EOED reserves the right to consider any previous experience the Bidder has had with any State agency, including, but not limited to, performance problems and compliance with applicable laws and contract provisions. Preference will be given to vendors with a physical office located in Massachusetts, minority- and women-owned businesses, and labor surplus area firms.

ATTACHMENT A – COMMBUYS Instructions Interested Bidders must submit their response using COMMBUYS.

Useful links:

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

2. 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.

3. Bidders MUST have their complete bid fully loaded and submitted prior to the time and date listed in the calendar. COMMBUYS will not allow for bids to be submitted after the posted time.

Bidder may contact the OSD Help Desk at osdhelpdesk@mass.gov or call during normal business hours (8AM – 5PM, Monday – Friday) at 1-888-627-8283 or 617-720-3197.

Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A tab in COMMBUYS (see below for instructions). Questions may be asked prior to the Deadline for Submission of Questions stated in the Procurement Calendar. The Purchasing Entity reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SST using another medium (including those sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has been posted.

Bidders are responsible for entering content suitable for public viewing, since all the questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Subsequent revisions to previously provided answers will be dated.

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

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

ATTACHMENT B - SBPP and SDP Plan Small Business Purchasing Program (“SBPP”) Instructions Bids of less than $250,000 are subject to the Small Business Purchasing Program.

Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the Purchasing Entity to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SST’s best value evaluation criteria.

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.

SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP 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.

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.

Supplier Diversity Plan (“SDP”) Plan Instructions Required for bids over $250,000.

Program Background Pursuant to Executive Order 599, 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 RFQ 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 Purchasing Entity 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.

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