REISSUE_UNIFORM CITATION DATA ANALYSIS AND REPORT RFR__5.11.2026 bf.pdf

Table of Contents Page i

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Public Safety & Security Office of Grants and Research

35 BRAINTREE HILL OFFICE PARK, SUITE 302, BRAINTREE, MA 02184

Request for Response (RFR)

Document Title: UNIFORM CITATION DATA ANALYSIS AND REPORT

COMMBUYS Bid#:

BD-26-1044-EPS11-1044O-129244

5/11/2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may 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 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

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 Contract Duration

ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

2.4 Bidders’ Conference

SPECIFICATIONS

OTHER TERMS

4.1 Continued Qualification Based on Performance

4.2 Reporting

4.3 Security and Confidentiality

AUDIT

EVALUATION CRITERIA

HOW TO SUBMIT A QUOTE

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 Electronic Signatures

7.5.2 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

Table of Contents Page iii

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

7.8.2 Bidder Response Form

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Quotes

8.1.3 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

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

APPENDIX 3 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

APPENDIX 4 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

APPENDIX 5 – PUBLIC COMMENTS FROM PREVIOUS REPORTS

APPENDIX 6 – ALLOWABLE AND UNALLOWABLE BUDGET COST CATEGORIES

RFR / COMMBUYS Bid#

RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Executive Office of Public Safety and Security (“EOPSS”) is the executive branch agency charged with the planning and management of the Commonwealth's public safety efforts. On behalf of EOPSS, the Office of Grants and Research (OGR) is soliciting Bidders to conduct yearly data analyses of law enforcement related state and local motor vehicle citations issued throughout the Commonwealth and provide OGR with an annual report of its findings. OGR is the state administering agency responsible for funding received from the Department of Justice, Department of Homeland Security and National Highway Traffic Safety Administration. The Research and Policy Analysis Division within OGR will provide guidance, technical assistance, and project management oversight for the successful bidder of this award.

In November 2019, the Massachusetts legislature passed Chapter 122 of the Acts of 2019, An Act Requiring the Hands-Free Use of Mobile Telephones While Driving (“the Act” or “the Hands Free Driving Law”). The Act took effect on February 23, 2020. The intent of the Act is to reduce crashes and promote public safety by identifying and limiting the number of distracted drivers on the public roadways in the Commonwealth. As part of the legislation, the Registry of Motor Vehicles (“RMV”) is required to collect the following data from all Uniform Citations issued by police officers:

1. Identifying characteristics of the individuals who receive a warning or citation or who are arrested including the age, race and gender of the individual;

2. The traffic infraction;

3. The date and time of the offense and the municipality in which the offense was committed;

4. Whether a search was initiated as a result of the stop; and

5. Whether the stop resulted in a warning, citation, or arrest.

Under the Act, the RMV must provide all of the collected data to the Secretary of Public Safety and Security (“Secretary”). The Secretary, in turn must, (1) contract with a Massachusetts-based university, nonprofit organization, or institution (public or private) for the preparation of a report that includes an aggregate analysis of the data and (2) publish that analysis and report, including any aggregate analysis of the data, online. Within 30 days of receiving the report, the Secretary will hold three (3) public hearings in various regions of the Commonwealth.

In addition, if the Secretary, in consultation with the Attorney General, determines that the analysis and report suggest that a law enforcement agency appears to have engaged in racial or gender profiling, the Secretary must: (1) require the law enforcement agency to collect information, for a period of one (1) year, on all traffic stops, including those not resulting in a warning, citation, or arrest; and (2) mandate implicit bias training using best practices for the law enforcement agency.

The Secretary shall publish an annual public report derived from the data used for the annual analysis and report, and the information contained in the report shall be made available to the public online in machine readable format. Under the Act, this data shall be used only for statistical purposes and shall not contain information that may reveal the identity of any individual who is stopped or any law enforcement officer.

1.2 Background information

Pursuant to the Act, OGR is soliciting proposals from Massachusetts-based universities, nonprofit organizations, or institutions, whether private or public, with experience in analytical consultation services and expertise in analyzing demographic and other information collected from motor vehicle stops. The contract will be awarded to one institution to:

1. Receive the data collected by the RMV from Massachusetts Uniform Citations. This will include data identified in the Act and additional data elements that will result in a more comprehensive analysis (e.g., speed of the stopped vehicles).

2. Clean and analyze data.

3. Produce annual reports for 2023, 2024, and 2025. Annual reports will use data sets gathered from January 1 to December 31 of the year under review.

4. Provide in the annual reports a comprehensive review of the results of the analyses that includes city/town, and agency level information and describes the methods used to conduct the analysis and its limitations.

5. Include in the annual reports aggregate numbers, listed by municipality and law enforcement agency, for the citations or warnings given by:

• Time of the stop

• Age, race/ethnicity and gender

• Traffic infraction

• Searches initiated as a result of the stop

• If the stop resulted in a warning, citation or arrest

6. Three in-person public hearings in various regions of the state, which shall include a presentation of the annual report results and a walkthrough on how to interpret the statistical results using example police departments.

7. Support any additional research activities deemed necessary by the Secretary to promote accurate and reliable findings.

1.3 Applicable Procurement Law

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

M.G.L. c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

This RFR is being issued with an initial response deadline of June 5, 2026, and is pursuant to the provisions of 801 CMR 21.00: Procurement of Commodities and Services, which governs the procurement of services by state agencies. The agreement that results from this RFR will be an agency-specific contract that OGR will enter into with the Qualified Vendor. The terms of 801 CMR 21.00:

Procurement of Commodities and Services is incorporated by Reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00.

1.4 Number of awards

Up to one (1) award will be made on the quality of the proposals submitted in response to this RFR. An award is contingent upon the availability of funds. If the Commonwealth is unable to provide OGR with the funds needed at the time an award is expected to be made, OGR reserves the right to postpone or cancel this opportunity.

OGR is soliciting open bids that reflect the execution of all tasks outlined in this RFR. Applicants are required to submit a 12-month budget for the project period of July 1, 2026 through June 30, 2027. There is a possibility of renewal for one (1) year for July 1, 2027 through June 30, 2028.

1.5 Adding Contractors after Initial Contract Award

If, over the life of the Contract, OGR determines that additional Contractors should be added, these may first be drawn from qualified applicants 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

OGR is soliciting proposals from Massachusetts-based universities, non-profit organizations or institutions, whether private or public, with demonstrated experience in analytical consultation services and expertise in analyzing demographic and other information collected from motor vehicle stops.

Limited User Contract – Restricted to Use by Issuing Entity Only. Any contract(s) resulting from this Bid will be open for use solely by EOPSS – OGR.

Acquisition Method(s) – The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service.

1.7 Contract Duration

Contract Year Contract Duration Renewal Options Year 1 7/1/2026-6/30/2027

12 months Tentative option to renew for 1 additional year based on availability of funds

Year 2 7/1/2027-6/30/2028

12 months N/A

The anticipated start date of the award will be July 2026. No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed prior to Contract start date or after the Contract has expired.

ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date May 11, 2026

Bidder’s Conference May 14, 2026, 10:00am

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

May 26, 2026, no later than 3:00 PM

Official Answers for Bid Q&A published (Estimated)

May 29, 2026

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

June 5, 2026, no later than 3:00 PM

Notification of Apparent Successful Bidder(s) (Estimated)

June 2026

Estimated Contract Start Date July 2026

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 OGR 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 OGR 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. OGR 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

OGR 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. OGR 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.

2.4 Bidders’ Conference

The Bidders’ Conference will be conducted by OGR to provide general information about the bid. The Bidder’s Conference webinar will be held on Thursday, May 14, at 10:00am. Attendance is optional.

Included is the Microsoft Teams link and access information to attend the Bidders’ Conference webinar:

BIDDERS CONFERENCE: UNIFORM CITATION DATA ANALYSIS AND REPORT

Thursday May 14, 10:00am Join the meeting now Meeting ID: 261 153 806 118 313 Passcode: 6ii6Lj6W https://teams.microsoft.com/meet/261153806118313?p=RzL2er3ZC8P97kEVfp

Dial in by phone +1 857-327-9245, 855013957# United States, Boston Find a local number Phone conference ID: 855 013 957#

SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

Required:

• Clean and analyze Uniform Citation data collected pursuant to the Hands Free Driving Law and provided by OGR.

• Produce an annual report from the data that provides: (1) agency and/or city and town level statistical analysis on motor vehicle stops conducted; the result of those stops; and the race, age, and gender of the person stopped; and (2) aggregate numbers by municipality and law enforcement agency for required categories.

• Produce an aggregated data report for all three (3) years (2023, 2024, and 2025) for use to identify racial/ethnic and gender disparities.

• Determine and implement best practice and evidence-based methods to identify racial/ethnic and gender disparities in citation data.

• Accept the data using the Commonwealth of Massachusetts approved secure file transfer. (See Appendix A for additional data specifications.) The data file format file will be a text delimited file:

Field Delimiter: Double Pipe - ||

Record Delimiter: New Line (CR LF)

• Provide to OGR replication data for all statistical analysis (e.g., syntax, output, and final datasets) including an aggregate data file with the required data categories to populate the publicly available data dashboards. The data file formats can be discussed with OGR and must be delivered using the Commonwealth of Massachusetts approved secure file transfer.

• Provide periodic reports to OGR on project progress, as provided for in the contract terms, and as requested.

• Attend meetings to advise OGR staff on project progress, as provided for in the contract terms, and as requested.

tel:+18573279245,,855013957 https://dialin.teams.microsoft.com/e5a29c09-1fef-425a-93e7-ec69f945cbdb?id=855013957 https://www.mass.gov/info-details/2021-2022-massachusetts-motor-vehicle-stops-and-citations

• Provide technical assistance to police departments with questions about their results, particularly those that are identified as having potential racial or gender disparities.

• Additional required terms may appear in the Appendices to this RFR.

Additional Considerations:

EOPSS and OGR received considerable feedback from members of the public and other interested stakeholders following the release of two prior reports. The research team also identified the limitations of their reports and analyses, among other challenges. To address some of these concerns, a vendor may consider, among other measures, the following:

• Create a steering committee that includes members who are experts in the field and/or have previous experience with similar analysis who can provide input on the research design, methodology, and limitations. Solicit feedback from steering committee members on thresholds to determine how to identify police departments with potential racial/ethnic and/or gender disparities in citation data.

• Use qualitative methodologies to determine the factors and variables influencing data trends and develop alternative methodologies to critically assess the data.

• Conduct a true all stops statistical analysis (written citations plus verbal warnings) with a written citation-only analysis to see if the two analyses yield substantially different results. This could be done among a sample of police departments that collect all stops data to see if the two analyses yield substantively different results.

• Use other methods or statistical techniques at the discretion of the contractor.

OTHER TERMS

4.1 Continued Qualification Based on Performance

The Commonwealth reserves the right to terminate the contract if expected service levels, as outlined in the RFR, are not met. Failure to meet acceptable service-level criteria may also exclude the vendor from future Bid consideration.

4.2 Reporting

Contractors are responsible for compliance with all contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports as required.

4.3 Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

AUDIT

During the term of this Agreement and for a period of six (6) years thereafter, OGR, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports, or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged OGR, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Applicants must provide in sufficient detail the qualifications and experience for performing the types of services outlined in this RFR.

Applicants must have previous experience analyzing traffic stop data. Applicants must include a description of their previous experience analyzing traffic stop and/or citation data for potential racial/ethnic and gender disparities and utilization of best practice methods for assessing these potential disparities.

Describe in detail these past project(s) including research design, methods used based on best practices, and deliverables (e.g., reports, briefs, publications, dashboards, etc.). OGR will screen all proposals to determine if the applicant meets this minimum requirement. If applicants are deemed eligible, OGR will review and score each proposal based on the following criteria.

A peer review process formed by OGR will evaluate responses submitted pursuant to this RFR, at the time of the initial submission deadline. Reponses submitted in accordance with the terms of this RFR will be reviewed by OGR and any submission determined to be non-responsive to any requirement of this RFR may be rejected without evaluation. Bidders will be deemed qualified based on adhering to the criteria set forth in this RFR.

A Vendor will be selected based on the following scoring criteria:

1. Qualifications and Experience (30 points): Describe the applicant organization/institution responding to this RFR. Applicants should demonstrate a successful track record of conducting quality qualitative and quantitative research and data analysis and have proven experience completing similar projects. Applicants should describe this proven experience, including the types of similar projects completed, research questions, and outcomes. Past experience conducting research for EOPSS, OGR and/or other MA government agencies in relation to the field of criminal justice, public safety, transportation, or other similar academic discipline(s) is favorable.

2. Proposed Work Approach and Plan (40 points): Points will be awarded based upon a Bidder’s ability to demonstrate a clear understanding of and ability to conduct rigorous qualitative and quantitative social science research. Applicants should describe their proposed research design and explain the reason for their chosen approach(es) to analyzing the potential relationship between traffic stops and racial/ethnic and gender disparities. Ability to propose and implement a research design that reflects best practices in the field, as well as cutting-edge approaches to analyzing traffic stop data and racial/ethnic and gender profiling is beneficial. Applicants must also explain the strengths and limitations of their proposed approach(es). Points will also be awarded for the ability to detail the existing methodological and/or statistical barriers to research and analysis of motor vehicle stop data, particularly in the context of racial/ethnic and gender profiling. Furthermore, applicants should demonstrate a proven ability to communicate scientific research findings to diverse, non-academic audiences.

3. Budgets: (30 points): The budget presented must be detailed, reasonable, and complete.

Budget Spreadsheet: Applicants are required to submit a budget using the template provided, which is an attachment on the COMMBUYS posting. The budget must detail how the funds will be utilized in Year 1 for the project period of July 1, 2026, through June 30, 2027, and the tentative renewal option for Year 2 (July 1, 2027, to June 30, 2028). Refer to Appendix 6 for unallowable and allowable costs.

Budget Narrative: Applicants are required to include a Budget Narrative in their proposal to provide additional details on budget expenditures. The Budget Narrative should outline the budget requested and itemize the proposed purchases in each budget category. For each cost category that has an associated funding request in the Budget Excel Worksheet, applicants should provide an overall description and justification for that cost category. The cost category narratives should describe what the budget entails, why the items in that category are needed, and how the budgeted amount was determined. Please include any hires under personnel, a particular training, supplies needed, vendor information, or process for selecting a vendor, where applicable.

HOW TO SUBMIT A QUOTE

All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS.

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS.

COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

7.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

• Appendix 4, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

• Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

• An online mass.gov job aid on Locating and Responding to Bid Solicitations in COMMBUYS

• Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through

COMMBUYS.

7.3 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Visit the Learn About CommBuys Resources of OSD’s website to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours, of which all users will be notified.

7.4 Bid Opening Date/Time

All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission.

Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock, which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

7.5 Quote Contents

Bidders must comply with the requirements below.

7.5.1 Electronic Signatures

https://www.mass.gov/info-details/locating-and-responding-to-bid-solicitations-in-commbuys https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/learn-about-commbuys-resources

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

7.5.2 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.

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file may be processed by the upload tool. The upload tool will reject file names that includes spaces or symbols, such as brackets [ ] that some systems apply when downloading files from the Internet.

RFR Section or Quote Component

Description Enter in COMMBUYS during upload

File Name Assign when creating files

Section 1 Organizational Chart Company Name Org Chart CompanyName_Org.doc Section 2 Marketing Materials Company Name Marketing Brochure

Company Name Marketing Print Ad Company Name Marketing Postcard

CompanyName_MktBroch.doc CompanyName_MktPrint.doc CompanyName_MktPost.doc

Section 3 Pricing Company Name Pricing CompanyName_Price.xls Section 3.8 SDP Plan Company Name SDP Form 1 CompanyName_SDPform1.doc Section 4 Implementation Plan Company Name Implementation Plan CompanyName_Imp.doc

Section 5 Product Catalogs Company Name Footwear Catalog Company Name Clothing Catalog Part 1 Company Name Clothing Catalog Part 2

CompanyName_FootCat.pdf CompanyName_ClothCat1.pdf CompanyName_ClothCat2.pdf

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote in COMMBUYS.

7.7.2 After Bid Opening Date/Time

Quotes may not be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents contained in this RFR. Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only those terms and conditions. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

7.8.2 Bidder Response Form

All specifications of this RFR that are not mandatory, such as those specifically identified as “optional,” “desirable,” or in other terms indicating that the specification is not mandatory, must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. OGR does not want and will not read, consider, or evaluate a line by line response to this RFR.

APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8. 1 General Procurement Information

8.1.1 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Bid.

8.1.2 Ownership of Submitted Quotes

OGR shall be under no obligation to return materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

8.1.3 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of OGR regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in the contact information section of the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding, or planned common course of action with any other Bidder of the commodities and/or services described in the RFR.

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

Invoices submitted to Massachusetts government entities must not include sales tax.

mailto:osdhelpdesk@mass.gov

8.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS. The Contractor’s COMMBUYS account also must be updated to reflect the new information.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network, or internet service provider (ISP), cause email communications between the Bidder and OGR to be lost or rejected by any means, including email or spam filtering.

8.2.3 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information and/or data collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers, addresses, or other information except as specifically authorized by OGR.

APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English; all measurements must be provided in feet, inches, and pounds; and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

• Any amendments, addenda, or modifications to this Bid, and

• Any Bid Q&A records related to this Bid.

https://www.mass.gov/info-details/glossary-of-terms-for-osd?_ga=2.27441212.1839477639.1778092055-1016506394.1777915467&_gl=1*1c4gly5*_ga*MTAxNjUwNjM5NC4xNzc3OTE1NDY3*_ga_MCLPEGW7WM*czE3NzgwOTUyNjIkbzIkZzEkdDE3NzgwOTUyNjIkajYwJGwwJGgw

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.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account, which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

3. Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. Quote Content. Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

5. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

6. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 required attachments electronically through COMMBUYS.

7. Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

8. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

9. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

10. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s VendorWeb system.

A link to the EFT application may be found on the OSD Forms page. Additional information about EFT is available on the VendorWeb site or the Comptroller’s Resources for Vendors of the Commonwealth page.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SSST 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 its response. The SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp https://www.macomptroller.org/vendors/?_gl=1*16c26cj*_up*MQ..*_ga*MTQ4NTU4NTI5LjE3NzgwNzg4MzY.*_ga_YXSV72BTG4*czE3NzgwNzg4MzUkbzEkZzAkdDE3NzgwNzg4MzUkajYwJGwwJGgw*_ga_1D6WPSWEHY*czE3NzgwNzg4MzUkbzEkZzAkdDE3NzgwNzg4MzUkajYwJGwwJGgw

11. HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

12. Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

13. Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder provides 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 EFT 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 may be tracked and verified through the Comptroller’s Vendor Web system. The PPD form may 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 SSST. The SSST 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 SSST 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.

14. Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

15. Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A bidder requesting an accommodation must submit a written statement that describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SSST reserves the right to reject unreasonable requests.

16. Restriction on the Use of the Commonwealth Seal.