RE RA RFR posted.pdf

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RE_RA RFR
Solicitation number
BD-25-1087-REG01-REG01-113625
Issued by
Massachusetts

About this file

This is a Request for Response (RFR) issued by the Commonwealth of Massachusetts Division of Occupational Licensure for examination-related goods and services for the Board of Registration of Real Estate Brokers and Salespersons and the Board of Registration of Real Estate Appraisers. The procurement seeks a contractor to administer examinations for various real estate professional categories, including salespersons, brokers, instructors, state licensed appraisers, certified residential appraisers, and certified general appraisers. The solicitation was released on March 19, 2025, with quote responses due by May 9, 2025, and an estimated contract start date of September 1, 2025. The initial contract duration is up to three years, with two potential three-year renewal options, for a maximum total contract period of nine years.

The contract will be awarded on a fee-for-service basis, with no direct compensation from the Commonwealth. Examination fees will be collected directly from applicants, and the contractor will be responsible for administering exams at multiple sites, with at least one location in Boston. The procurement includes a mandatory Supplier Diversity Program (SDP) commitment of at least 1% of contract sales, with bidders required to partner with diverse businesses certified in categories such as Minority-Owned Business Enterprise, Women-Owned Business Enterprise, and Veteran-Owned Business Enterprise. The evaluation will consider multiple factors, including customer service quality, compliance with specifications, cost, staff qualifications, and the proposed implementation timeline, with 25% of evaluation points allocated to the Supplier Diversity Plan.

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Table of Contents Page i

THE COMMONWEALTH OF MASSACHUSETTS

DIVISION OF OCCUPATIONAL LICENSURE

1000 WASHINGTON ST, BOSTON MA

Request for Response (RFR)

Document Title: EXAMINATION-RELATED GOODS AND SERVICES FOR THE

BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESPERSONS AND

THE BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS

COMMBUYS Bid#: BD-25-1087-REG01-REG01-113625

March 19, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888- MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m.

Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

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

Table of Contents Page ii

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Applicable Procurement Law

1.4 Number of awards

1.5 Adding Contractors after initial Contract award

1.6 Eligible Entities

1.7 Acquisition Method(s)

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract

1.9 Contract Duration

1.10 Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Intentionally deleted

3.1.2 Company experience

3.1.3 Intentionally deleted

3.1.4 References and reference information and/or requirements

3.1.5 Employee requirements

3.2 Commodity Specifications

3.2.1 Intentionally deleted

3.2.2 Intentionally deleted

3.2.3 Intentionally deleted

3.2.4 Brand name or equal

3.2.5 Intentionally deleted

3.2.6 Intentionally deleted

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Table of Contents Page iii

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3.3 Service Specifications

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3.3.7 Emergency response plans/preparedness

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3.3.21 Requirements at Contract or engagement termination

3.4 Small Business Purchasing Program

3.4.1 Program Background

3.4.2 SBPP Award Preference

3.4.3 SBPP Participation Eligibility

3.4.4 SBPP Compliance Requirements

3.4.5 Program Resources and Assistance

3.5 Supplier Diversity Program

3.5.1 Program Background

3.5.2 Financial Commitment Requirements

3.5.3 Eligible SDP Partner Certification Categories

3.5.4 Eligible Types of Business-to-Business Relationships

3.5.5 Program Flexibility

3.5.6 SDP Plan Form Requirements

3.5.7 Evaluation of SDP Forms

3.5.8 SDP Spending Reports & Compliance

3.5.9 SDP Spending Verification

3.5.10 Program Resources and Assistance

3.6 Environmental Specifications

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.6.2 Environmental plan

3.7 Intentionally deleted

3.8 Compensation Structure/Pricing

3.9 Intentionally deleted

3.10 Responsibilities of the Contractor: As stated in Section 1 above and as set forth below

3.11 Responsibilities of the Division and Board

Table of Contents Page iv

3.12 Authority of the Division

3.13 Accounting Records

3.14 Record Disposal

Contractor agrees that, prior to disposing or destroying any documents and records pertaining to this contract, it will contact the Division and determine if the Division wishes to take possession of any such records

4 OTHER TERMS

4.1 Continued qualification based on performance

4.2 Reporting

4.3 Intentionally deleted

4.4 Security and confidentiality

4.5 Bond

4.6 Intentionally deleted

4.7 Alternatives

4.8 Failure to perform contractual obligations as outlined in the Standard Contract Form, Terms and Conditions, and RFR may result in the following;

Termination

5 AUDIT

6 EVALUATION CRITERIA

Mandatory requirements

6.1 Desirable specifications

6.2 Alternatives

6.3 Evaluation Components

6.3.1 Ability of the bidder to provide customer service to applicants

6.3.2 The ability of the bidder to provide services in accordance with the specifications

6.3.3 Cost

6.3.4 Experience and professional qualifications of staff assigned to the project

6.3.5 Proposed timetable for all deliverables

6.3.6 Supplier Diversity Plan

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7 HOW TO SUBMIT A QUOTE

Table of Contents Page v

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 Intentionally deleted

7.5.2 Electronic Signatures

7.5.3 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 Intentionally deleted

7.6.2 File Naming Conventions

7.6.3 File Size Limits

7.6.4 File Format Restrictions

7.6.5 Intentionally deleted

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

7.8.2 Bidder Response Form

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Intentionally deleted

8.1.2 Alterations

8.1.3 Ownership of Submitted Quotes

8.1.4 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATION

10 APPENDIX 3 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

10.1 Commonwealth Standard Contract Form

10.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions ...36

10.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

10.4 Contractor Authorized Signatory Listing

10.5 Supplier Diversity Program Plan Form

10.6 Current Environmentally Preferable Products / Practices Form

10.7 Prompt Payment Discount Form

10.8 Business Reference Form

Table of Contents Page vi

11 APPENDIX 4- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

11.1 Introduction

11.2 Steps for Bidders to Submit a Quote

RFR BD-25-1087-REG01-REG01-113625/ COMMBUYS Bid# BD-25-1087-REG01-REG01-113625

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Division of Occupational Licensure (the “Agency” or the “Division”) is soliciting Bidders for the performance of multiple Board of Registration examination-related goods and services.

1.2 Background information

This is a request for offers to provide examination related goods and services to the Massachusetts Board of Registration of Real Estate Brokers and Salesmen and the Massachusetts Board of Registration of Real Estate Appraisers (hereinafter collectively, the "Boards").

For the Boards, the vendor only administers the examination to the Applicants. This includes salespersons, brokers, instructors, state licensed appraisers, certified residential appraisers, and general appraisers.

The Agency licensed roughly 3100 individuals by exam in 2023 for Real Estate Brokers and Salespersons, and 20 Real Estate Appraisers by exam. The pass rates were roughly 50% for salespersons, 43% for brokers, and 83% for instructors.

The Agency licensed roughly 20 individuals by exam in 2023 for state licensed appraisers, residential appraisers, and certified general appraisers. The pass rates were roughly 64% for state licensed appraisers, 76% for certified residential appraisers, and 36% for certified general appraisers.

1.3 Applicable Procurement Law

This Bid is issued under the following law(s):

G. L. c. 13, § 9A and 230 Code Mass. Regs. § 2.00

1.4 Number of awards

The target maximum number of Contractors is one (1). This is a target number; the Strategic Sourcing Services Team (“SSST”) may award more or no Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

If, over the life of the Contract, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

1.6 Eligible Entities

Any contract resulting from this Bid will be open for use by the Division only.

1.7 Acquisition Method(s)

The acquisition method to acquire goods and/or services from this Bid are Fee for Service. Compensation to the contractor for all costs incurred in providing the services is from fees paid directly to the contractor by the applicants. The Division shall pay no compensation for services to the contractor. The Division shall not be liable for any expenses or for any fees owed by applicants.

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 3 months after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.9 Contract Duration

Anticipated initial contract duration will be from contract execution to a period of up to three (3) years. There will be two (2) options to renew, in the sole discretion of the Division, for periods of up to three (3) years each. These options to renew are not a guarantee of future business.

Contract Duration Number of Options

Number of Years/Months

Initial Duration N/A Up to three years.

Renewal Options 2 Up to three years each.

Total Maximum Contract Duration

N/A Nine years.

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $0 from the Commonwealth. Fees collected by the bidder from the candidate will only be for exam administration. The bidder will not collect any Commonwealth fees. The proposal shall specify the bidder's total cost per candidate itemized for examination administration and related services. The contractor’s fee shall be constant for the expected term of the contract. No less than 90 days prior to the renewals exercisable by the Commonwealth, the successful offeror may request an increase in contractor’s fees of no more than 20% of the then established rate. Federal funds will not be used to financially support this contract.

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

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date March 19, 2025, 5:00 PM

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

April 2, 2025, 4:00 PM

Official Answers for Bid Q&A published (Estimated) April 11, 2025, 4:00 PM

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

May 9, 2025, 4:00 PM

Notification of Apparent Successful Bidder(s) (Estimated)

June 11, 2025, 4:00 PM

Estimated Contract Start Date September 1, 2025, 4:00 PM

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 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 SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department 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 SSST using any other medium (including those that are 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 already been posted.

Bidders are responsible for entering content suitable for public viewing since all 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 SSST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

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.

2.2 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.

2.3 Amendment Deadline

The SSST 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 SSST and the Commonwealth accepts 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.

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Intentionally deleted

3.1.2 Company experience

The proposal must describe the bidder’s licensure/test administration experience and other examination experience, staff qualifications, management capabilities, and the names, addresses, and telephone numbers of contact persons for at least three (3) organizations for whom a similar service has been performed. Proposals including services to be provided by subcontractors should provide qualification documentation for the subcontractors. Financial stability including bankruptcy, litigation, and contract defaults.

3.1.3 Intentionally deleted.

3.1.4 References and reference information and/or requirements Evaluation and selection of contractors, as well as subsequent negotiations, will be based on the information submitted in the proposals, references, on-site visits plus any required oral presentations.

Brochures or other presentations, beyond that sufficient to present a complete and effective proposal, are not desired. Elaborate artwork, expensive paper and binders, and expensive visual and other presentation aids are not desired.

3.1.5 Employee requirements

The proposal must describe the bidder’s employee technical/business experience, certifications, licenses. Resumes of employees assigned to this contract should be provided.

3.2 Commodity Specifications

3.2.1 Intentionally deleted

3.2.2 Intentionally deleted

3.2.3 Intentionally deleted

3.2.4 Brand name or equal

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

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3.3 Service Specifications

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3.3.7 Emergency response plans/preparedness

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Contract on a priority basis. The Bidder’s Quote should include the following:

• Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

• A list of emergency contact information including name, position/title, phone, email, and mobile phone.

• A list of the Bidder’s building location(s) that would be available to serve the Commonwealth during an emergency.

• A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City, or Region).

This information will not be considered in the evaluation of the Quote.

3.3.8 Intentionally deleted

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3.3.21 Requirements at Contract or engagement termination

Upon contract termination, the contractor shall fully participate in any transition required for the boards or a new vendor to assume the various functions delineated in the contract. Required transition activities shall include normal post-examination processing as detailed in other sections of this RFR.

Specifically, if the vendor administers an examination under the terms of a successful bid, all scoring, applicant notification, and data transfer shall occur without regard to contract expiration date.

Transition activities include transfer of all contractor data This includes a final licensee reconciliation and a transfer of electronic summary data of all pending licensees. The contractor shall return all property of the Commonwealth including all versions of examinations in any and all formats.

3.4 Small Business Purchasing Program

3.4.1 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 issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

3.4.2 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 Services Team https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting

(SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

3.4.3 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.

3.4.4 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, http://www.mass.gov/sbpp.

3.4.5 Program Resources and Assistance

Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

3.5 Supplier Diversity Program

3.5.1 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 by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

3.5.2 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 or non-profit organization. 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 total SDP Commitment acceptable in responses 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.

https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx

3.5.3 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)

3.5.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• 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. These may include but are not limited to the following examples: professional services (e.g., IT, legal, advertising, HR, accounting etc.), maintenance services (e.g., cleaning, landscaping, tradespersons services, etc.), office expenses (e.g., office supplies, furniture, IT supplies, etc.). Anything declared as a business expense in which a certified vendor is used would qualify.

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR.

3.5.5 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.

3.5.6 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 SBA Veteran Small Business Certification (VetCert) directory. After https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA) but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. 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.

• Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, or the Women Business Enterprise National Council, 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 a description of supplier diversity businesses practices. Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

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.

https://www.boston.gov/departments/supplier-diversity#get-your-business-certified https://gnemsdc.org/certification/ https://www.cweonline.org/ https://www.cweonline.org/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://nglcc.org/lgbtbe-certification/ https://www.navoba.org/certification https://nmsdc.org/login/?redirect_to=https://nmsdc.org/?page_id=47261 https://www.wbenc.org/certification/ https://www.mass.gov/forms/take-the-certification-self-assessment

• 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.

3.5.7 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.

3.5.8 SDP Spending Reports & Compliance

After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Once registered, awarded contractors must report information such as, but not limited to, SDO or SDO-recognized SDP partner(s), spend with SDO partner(s), and total contract sales. Contractors must follow report submission instructions from the issuing department and the SDO.

SDP Spending Compliance Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) 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.

3.5.9 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.

3.5.10 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.

3.6 Environmental Specifications

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.

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ http://www.mass.gov/sdp mailto:sdp@mass.gov https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 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. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.6.2 Environmental plan

Beginning the first year of the Contract and throughout the life of the Contract, awarded Bidders must agree to work with the SSST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

• Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

• Encouraging environmental initiatives at the corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone-depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

• Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as, but not limited to. LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice, and others.

• Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

• Working with the SSST to develop and distribute information and/or materials to Commonwealth customers about the Awarded Bidder’s/Contractor’s environmental practices and initiatives throughout the term of the Contract.

• Developing a plan to implement the recycling of materials used or produced in normal business operations.

• The SSST may award points to Bidders who provide evidence that measures and initiatives such as these are in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award.

(See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.7 Intentionally deleted

3.8 Compensation Structure/Pricing

Compensation to the contractor for all costs incurred in providing the services is from fees paid directly to the contractor by the applicants. The Division shall pay no compensation for services to the contractor. The Division shall not be liable for any expenses or for any fees owed by applicants.

3.9 Intentionally deleted

http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-484-leading-by-example-clean-energy-and-efficient-buildings?_ga=2.100925761.1741219494.1633353146-758386467.1632336759 https://www.mass.gov/executive-orders/no-484-leading-by-example-clean-energy-and-efficient-buildings?_ga=2.100925761.1741219494.1633353146-758386467.1632336759

3.10 Responsibilities of the Contractor: As stated in Section 1 above and as set forth below

• Application Process for Real Estate Brokers and Sales Persons and Real Estate Appraisers

• All applications are approved internally at DOL

• : Approved Applications are sent to testing vendor via below transfer descriptions

• Successful bidder reviews data and occasionally asks for more information

• Applicant reaches out to successful bidder to schedule exam with approval code (application ID )

• Successful bidder administers the exam daily in person or virtually with no limit to who can schedule and gives candidate test results

• Successful bidder offers same day only option to review test questions for candidates that were unsuccessful

• Successful bidder transmits data back to DOL on candidates that attempted and/or passed the exam

• Successful bidder fields questions from board staff regarding licensing and candidates as need

3.10.1 A customer service quality program is required for each of the Boards, to include the following:

3.10.1.1 All aspects of contractor interaction with prospective licensees must be part of a customer service program.

3.10.1.2 All complaints regarding performance aspects of this contract that are received by the contractor shall be answered promptly. A copy of the complaint and the contractor response, or referral action, shall be forwarded to the board within 7 business days.

3.10.1.3 A process shall be established to assess the efficacy and customer sensitivity of various aspects of service delivery delineated in the following sections.

3.10.1.4 At least annually, the contractor shall provide summary data documenting compliance with the time criteria of the specifications, summarizing complaints, and outlining customer satisfaction results and efforts toward improvement.

3.10.1.5 If circumstances result in deviation from specifications (e.g., unplanned staff shortages, acts of nature), the board will be notified as soon as feasible, but no later than 3 working days following the discovery of the problem.

3.10.1.6 The contractor shall provide monthly reports as specified below regarding call center volume and performance; and examination performance.

3.10.1.7 At least annually, the contractor shall collect and assemble summary data categorizing the type of pass-rate information by type, and the reasons for failing examinations. In collaboration with the boards, the contractor shall use said data to make improvements to the exam process.

3.10.1.8 Provide a fully staffed, customer service response center, which shall respond to email, telephone, text and other candidate requests for information for each of the Boards, to include the following:

3.10.1.8.1 All inquiries shall be responded to during normal business hours. If the contractor is located in another time zone, the customer service response center shall operate during normal business hours Eastern Time.

3.10.1.8.2 Contractor staff members will be competent to answer questions regarding licensure processes and eligibility and send materials, as appropriate. System “operator” personnel or inquiry sequencers may be used; however, customer wait to reach a knowledgeable individual shall not exceed 5 minutes.

3.10.1.8.3 Sufficient trained staff shall be available so that during forecast absences, such as meal periods and vacations, a qualified individual is always available.

3.10.1.8.4 After hours, and during Commonwealth holiday periods, appropriate messaging systems shall indicate hours of operation.

3.10.1.8.5 In cases of unexpected high volume precluding staff availability, customer inquiries shall be returned within one business day.

3.10.1.8.6 Response performance shall be monitored in an ongoing customer assessment program, as described above.

3.10.1.9 The vendor shall provide email and text notifications to customers alerting them of site closures.

3.10.1.10 The vendor shall provide management reports showing inquiry volumes, customer waiting times; abandonment rate, etc. Reports shall be submitted monthly to the Division.

3.10.2 Provide appropriate links to and from a contractor company website for each of the Boards, to include the following:

3.10.2.1 The Division and the boards maintain an extensive website. If the contractor maintains a company website, appropriate links shall be established on the company's and the boards’ web pages.

3.10.2.2 The contractor will establish a "contact the contractor" capability on the company's and the boards’ web pages. Such inquiries shall be included in an ongoing customer assessment program as described above and inquiries shall be answered within one business day.

3.10.3 Design Massachusetts-specific and National examinations for qualified licensure candidates for each of the Boards, to include the following information. Exam specifics listed below

3.10.3.1 The licensing examination shall be consistent with the Code of Fair Testing Practices in Education and the Standards of Educational and Psychological Testing prepared by the Committee to Develop Standards for Educational and Psychological Testing of the American Educational Research Association, the American Psychological Association and the National Council on Measurement in Education.

3.10.3.2 Design Real Estate Broker and Salesperson licensing National examination that is approved by the

Association of Real Estate License Law Officials (ARELLO); design State specific exam in partnership with Massachusetts Board of Registration of Brokers and Sales Persons.

3.10.3.3 Design and administer a Board-approved Instructor examination.

3.10.3.4 Design Real Estate Appraiser licensing examination for appraisers, certified residential appraisers, and certified general appraisers that are approved by the Appraisal Qualifications Board of the Appraisal Foundation (AQB).

Real Estate Salespersons and Brokers

Examination Portion Number of Questions (Points)

Time Allowed

General (80 points) 150 Minutes

Salesperson State (40 points) 90 Minutes

Both (120 points) 240 Minutes

75* (80 points)

General 150 Minutes

Broker State (40 points) 90 Minutes

Both (120 points) 240 Minutes

Real Estate Appraisers

Examination Number of scored Questions

Number of Non- Scored

Questions

Passing Scaled Score

Time Allowed

State Licensed Appraiser (LR) 110 15 75 4 hours

Certified Residential

Appraiser (CR) 110 15 75 4 hours

Certified General Appraiser 110 15 75 6 hours

3.10.3.5 Administer Massachusetts-specific exams and National Exams for qualified licensure candidates.

3.10.3.6 Successful bidder administers the exam(s) daily in person or virtually with no limit to how many can schedule and gives candidate test results Successful bidder offers same day only option to review test questions for candidates that were unsuccessful Successful bidder transmits data back to DOL on candidates that attempted and/or passed the exam

Successful bidder fields questions from board staff regarding licensing and candidates as need

Materials shall include notification of the availability of accommodations for persons with disabilities and instructions for accessing those accommodations. The contractor shall be responsible for the cost of making any necessary accommodations to forms, or materials, or the test administration facility.

3.10.3.7 A minimum of three regular sites, one located in Boston and the others located such that no examinee residing within Massachusetts is required to travel more than 90 minutes, shall be available for testing.

3.10.3.8 At a minimum, examinations shall be offered on normal business days and hours (i.e., Monday through

Friday, or Tuesday through Saturday, excluding holidays).

3.10.3.9 To the extent practical, examinations must be administered via computer and scored prior to the candidate's departure from the testing center.

3.10.3.10 Unsuccessful examinees shall be given instructions regarding re-take request procedures. Such individuals may be required pay a test fee at time of scheduling the re-take examination.

3.10.3.11 Board members and staff will be afforded access to examination questions and retain approval/disapproval authority over all questions.

3.10.3.12 Examinations will be updated periodically. The contractor shall recommend modification of examinations based upon contractor expertise and interpretation of candidate performance.

3.10.3.13 The contractor shall establish a process whereby unsuccessful examinees can receive same-day feedback regarding areas of weakness.

3.10.3.14 The contractor shall notify the board of all irregularities occurring during a scheduled examination administration (e.g., security compromise, environmental problems, and equipment failure).

3.10.3.15 At least annually, the contractor shall forward to the board, a report detailing the psychometric performance of the examination.

3.10.3.16 Applicant scores, summary test administration data, and similar materials directly related to the performance of the contracted…

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