Remote Alcohol Monitoring RFP.docx

COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE COMMISSIONER OF PROBATION

REQUEST FOR PROPOSALS (RFP)

REMOTE ALCOHOL MONITORING EQUIPMENT/SERVICES

September 5, 2025

SUMMARY SHEET

Purchasing Entity:

The Massachusetts Probation Services (MPS)

Address:

One Ashburton Place Suite 405 Boston, MA 02108

Telephone:

(617) 727-5300

RFP File Name/Title:

Remote Alcohol Monitoring Equipment/Service

BID # BD-26-1107-TCOCP-TCOCP-120923

RFP Manager:

Daniel Pires, Statewide Manager of ELMO

RFP Summary:

The Office of the Commissioner of Probation (OCP) of the Massachusetts Trial Court is seeking proposals for new technological and systematic improvements or advancements in remote alcohol monitoring systems from vendors that provide remote alcohol monitoring equipment and services used in the supervision of individuals subject to probation conditions as part of a release from, or as an alternative to incarceration.

Official Publication Solicitation and Related Documents:

The Commonwealth Procurement and Solicitation System “COMMBUYS”, http://www.commBUYS.com is the Commonwealth’s sole online procurement record site. All clarifications, notifications, addenda or other documents or information related to this solicitation are officially published through the COMMBUYS. Hardcopy communications from the OCP to any vendor(s) are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the OCP.

***BID SUBMISSION DEADLINE***

September 26, 2025 @ 3:00 pm (EST)

RFP TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

SECTION 1.0 GENERAL SUMMARY 4

SECTION 2.0 ACQUISITION METHOD 6

SECTION 3.0 SINGLE/MULTIPLE CONTRACTS 6

SECTION 4.0 SINGLE DEPARTMENT PROCUREMENT 6

SECTION 5.0 ANTICIPATED CONTRACT DURATION 6

SECTION 6.0 ANTICIPATED COMPENSATION STRUCTURE 7

SECTON 7.0 PROPOSAL SPECIFICATIONS 7

SECTION 7.1 REMOTE ALOCHOL MONITORING EQUIPMENT/SERVICES 7

SECTION 7.1.1 DESCRIPTION OF SERVICES; SCOPE OF SERVICES 7

SECTION 7.2 PROCUREMENT PROCESS 8

SECTION 7.3 TECHNICAL PROPOSAL REQUIREMENTS 11

SECTION DESCRIPTION PAGE

SECTION 7.4 PRICING PROPOSAL 16

SECTION 7.5 PROPOSAL EVALUATION 17

SECTION 8.0 CONTRACT OBLIGATIONS 22

SECTION 8.1 CONTRACT DOCUMENTS 22

SECTION 8.2 AMENDMENT TO THE CONTRACT 23

SECTION 8.3 PRIME CONTRACTOR RESPONSIBILITIES 23

SECTION 9.0 MISCELLANEOUS PROVISIONS 23

SECTION 10 APPENDICES 26

APPENDIX A: SCOPE OF SERVICES – REMOTE ALCOHOL 27

MONITORING EQUIPMENT, SOFTWARE AND

SERVICES

APPENDIX B: MANDATORY RFP DOCUMENTS 30

APPENDIX C: GENERAL EVALUATION CRITERIA 32

APPENDIX D: PRICING SCHEDULE 33

APPENDIX E: SAMPLE MANDATORY CONTRACT FORMS 34

APPENDIX F: INSTRUCTIONS FOR SUBMITTING BID TO 35

COMMBUYS

COMMONWEATH OF MASSACHUSETTS

OFFICE OF THE COMMISSIONER OF PROBATION

REQUEST FOR PROPOSALS (RFP)

REMOTE ALCOHOL MONITORING EQUIPMENT/SERVICES

Published: September 5, 2025

Section 1.0 – General Summary

In issuing this Request for Proposals (“RFP”), the Massachusetts Probation Service (“MPS”) seeks proposals from qualified vendors who can provide remote alcohol monitoring equipment and services used in the supervision of individuals subject to probation conditions as part of a release from, or as an alternative to, incarceration by a state or governmental entity. These devices will be used in conjunction with the Electronic Monitoring Program (“ELMO”) to monitor and enforce court ordered conditions of probation and will be utilized by MPS in supervising those on probation.

Section 1.1 – Procuring Entity a.) This RFP is issued by MPS, which is a Department of the Massachusetts Trial Court, part of the Judicial Branch of the Commonwealth of Massachusetts.

b.) This RFP is issued under laws, rules, procedures, and practices applicable to the Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 CMR 21.00 et seq., which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor(s) selection and contract negotiation phases of this procurement process.

c.) The Judicial Branch of the Commonwealth of Massachusetts is comprised of three separate court systems – the Supreme Judicial Court, the Appeals Court, and the Trial Court. The Supreme Judicial Court is the Commonwealth’s highest appellate court and is responsible for the general superintendence of the judiciary and of the bar, makes or approves rules for the operation of all the courts and, in certain instances, provides advisory opinions, upon request, to the Governor and Legislature on various legal issues.

d.) The Massachusetts Trial Court was consolidated into a statewide court system by Chapter 478 of the Acts of 1978. The Massachusetts Trial Court is now comprised of the Executive Office of the Trial Court (“EOTC”), seven departments (Boston Municipal Court, District Courts, Probate and Family Court, Juvenile Court, Housing Court, Land Court and Superior Court), the Office of the Jury Commissioner, and the MPS.

e.) The 1978 statute created a central administrative office managed by a Chief Administrative Justice (now titled the Chief Justice of the Trial Court (“CJTC”)), who was also responsible for the overall management of the Trial Court. The statute charged the central office, now known as EOTC, with developing a wide range of centralized functions and standards for the benefit of the entire Trial Court. These include the development of a budget for the Trial Court, central accounting and procurement systems, and personnel policies, procedures and standards for judges and staff who were formerly employed by counties and other governmental entities. Over time, the Trial Court became responsible for the management of its facilities, security, libraries, automation, and many other matters.

f.) Recent court reorganization legislation (Chapter 93 of the Acts of 2011) created the position of a Court Administrator (“CA”) who, in conjunction with the renamed position of CJTC, shares management duties. The CA is primarily responsible for court administration and the CJTC is primarily responsible for judicial administration. Together, the CA and CJTC manage and administer the Trial Court of Massachusetts and have direct supervisory authority over MPS and the Office of the Jury Commissioner. The CA is also the statutory employer of the approximately 6,400 employees of the Trial Court who work in over 100 locations across Massachusetts.

g.) MPS is at the center in the delivery of justice through investigations, community supervision of offenders/litigants, diversion of appropriate offenders from institutional sentences, reduction in crime, mediations, service to victims, and the performance of other appropriate community service functions. The mission of MPS is to promote the prevention and reduction of crime and delinquency in the Commonwealth by enhancing public safety and victim restoration through a commitment to excellence in probation service.

Section 1.2 – Purpose and Scope a.) In the spring of 2001, MPS launched ELMO under which certain probationers were monitored with the use of radio frequency (RF) technology. The ELMO Program was designed to provide structure, control, and accountability for probationers. Probation officers were responsible for installing a tracking device on an offender immediately following a court order or at the completion of a period of incarceration, as determined by the order of a judge.

b.) Also in 2001, ELMO added an alcohol monitoring component to the operation. ELMO currently monitors alcohol use via technology utilizing automated facial recognition for identification and breath alcohol detection.

c.) In May of 2005, MPS begin using Remote Alcohol Monitoring (RAM) technology to track and monitor offenders.

d.) Through this RFP, MPS is selecting a vendor(s) to provide remote alcohol monitoring equipment and services which will be leased, and which will have the specifications and conditions described in this solicitation. The lease will include hardware, software, backup services, and other features and capabilities.

Section 2.0 – Acquisition Method a.) The products and services to be rendered as a result of the RFP will be obtained under a lease contract that provides for both specific equipment, deliverables and services to be provided during the term of the contract. At the conclusion of the lease, MPS does not intend to purchase the remote alcohol monitoring devices and equipment and will return the equipment to the vendor(s) at the vendor’s own expense.

Section 3.0 – Single or Multiple Contracts a.) MPS intends to award contracts to vendor(s)s who will provide the specific equipment, deliverables and services detailed in this RFP. MPS reserves the right to award contracts to either a single vendor or multiple vendors based on possible changes in MPS’s needs, the availability of bidders and other factors.

Section 4.0 – Use of this Procurement by a Single Department Procurement/Multiple Department Users a.) This procurement is intended for the exclusive use of MPS in operating ELMO.

Section 5.0 – Anticipated Duration of the Contract (Including Renewal Options) a.) Initial Term. The anticipated initial duration of the contract is for one (1) year.

The duration of the resulting contract is subject to available funding for each year of the contract.

b.) Renewal Options. The contract will also have four (4) additional optional contract renewal periods of up to one (1) year each. The optional renewal periods will be activated and exercised at the sole discretion of MPS. Any optional contract renewal periods shall be activated by written correspondence sent by MPS to the contracted vendor(s), informing the vendor(s) that MPS is exercising the option to renew the contract for the time frame stated in the correspondence. As part of any possible renewal, the vendor(s) agrees to complete and execute any additional documents necessary for the renewed agreement.

c.) Total Maximum Contract Duration. The total maximum contract duration for this project, inclusive of possible renewal options, is five (5) years.

Section 6.0 – Anticipated Contract Compensation a.) Initial Term Compensation Vendor(s) Pricing Proposals must contain completed pricing for the initial contract term of one (1) year.

b.) Renewal Options Compensation Vendor(s) Pricing Proposals must contain completed pricing for all four (4) optional contract renewal periods which shall not exceed the pricing structure for the initial contract term.

c.) Compensation Structure The anticipated compensation for the lease shall consist of flat fee or an all-inclusive amount (all related costs, overhead, administrative costs, training, time materials, etc.). The daily total number of individuals being monitored using remote alcohol devices fluctuates from day to day. As such, the compensation structure established pursuant to this solicitation should consist of per-unit, per-day cost for the total number of units that are active and being used, issued monthly d.) Anticipated Number of Remote Alcohol Monitoring Units It is estimated that between fourteen hundred (1,400) and twenty-five hundred (2,500) individuals a day will be subject to remote alcohol monitoring by MPS. There is no minimum or maximum total number of units to be put into service pursuant to this solicitation, whether calculated daily, weekly, monthly, yearly, or during the entire duration of the contract. The selected vendor(s) must be able to provide approximately three thousand two hundred fifty (3,250) units at all times during the proposed lease. This equipment includes units placed into active service as well as a reserve inventory of equipment provided to MPS to be kept on hand and available for immediate activation. (Please see Appendix A – Scope of Service for Remote Alcohol Monitoring Equipment for reserve inventory requirements.) This is only an estimate and the actual number of units put into active service and held in reserve inventory, may increase or decrease based on a variety of factors which are not in control of MPS.

e.) Anticipated Loss of Remote Alcohol Monitoring Units It is estimated that a percentage of the Remote Alcohol units in service will be lost. The selected vendor(s) should account for twenty (20) percent of the remote alcohol equipment to be lost due to factors beyond MPS’s control. This is only an estimate but the selected vendor must be able to provide an ample amount of equipment due to this loss.

Section 7.0 – Proposal Specifications

Section 7.1 – Remote Alcohol Monitoring Equipment/Services

Section 7.1.1 – Description of Project a.) The Scope of Services included as Appendix A, details the specifications for any products or services to be provided by a vendor(s) pursuant to this solicitation.

Section 7.2 – Procurement Process

Section 7.2.1 – Procurement Timetable. *

The following schedule of events for this RFP identifies the key events and deadlines for this process, some of which are set forth in more detail in the sections that follow:

DATE EVENT

September 22, 2025 Request for Proposals (RFP) Issued

September 29, 2025 Deadline for Submission of Vendors Questions

October 9, 2025 MPS Response Date to Vendors Questions (Estimated)

November 10-20, 2025 Product Demonstrations and Subsequent Field Tests Begin (Estimated)

December 11, 2025 Vendor(s) Selection Date (Estimated)

*MPS reserves the right to amend or delay any of the dates or times reflected above, as well as any other timeframes or deadlines referenced throughout this solicitation, if such a change is in the best interests of MPS.

Section 7.2.2 – Correspondence

All correspondence, including Vendor(s) Inquiries and Vendor(s) Proposals related to this RFP must be submitted through the Bid Q&A Tool on COMMBUYS (See Section 7.2.5)

Section 7.2.3 – Vendor Questions a.) Vendors may submit questions concerning the RFP to the Bid Q&A Tool on COMMBUYS no later than the dates and times specified in the Procurement Timetable (Section 7.2.1). Vendors are advised MPS (1) restricts submission of questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone or in-person inquiries will be accepted.

b.) MPS will review and consolidate vendor(s) questions received by the deadline for submission and will provide answers for those questions deemed appropriate. Submission of questions does not guarantee a response to that question. MPS reserves the right to provide consolidated responses to similar questions. Only properly submitted inquiries (submitted by the deadline on COMMBUYS) will be addressed. The Answers to Vendor(s) Questions will be made available electronically via COMMBUYS (Commonwealth Procurement and Solicitation System – http://www.commbuys.com) to all vendors.

c.) Vendor(s) Inquiries on any portion of the RFP should not include proposed or actual cost data. The inclusion of any proposed or actual costs in any inquiry may result in the vendor’s disqualification.

Section 7.2.4 – Restrictions on Contact with Court Personnel a.) From the issuance of this RFP until a contract resulting from this RFP is executed by the selected vendor(s), any contact regarding the RFP (other than as permitted in this RFP) with personnel employed by or contracted to the Trial Court is prohibited. During this time period, no vendor(s) shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal.

b.) Vendors currently under contract with MPS, or that are otherwise already providing goods or services to the Trial Court for other projects, shall not make any contact with the Trial Court/MPS regarding this RFP as part of any communications related to their pre-existing obligation. Any attempts at communication regarding the current RFP process will be considered a failure on the vendor’s part to conform to the provisions of this RFP and may result in the vendor’s disqualifications.

c.) Violation of these conditions will be considered as sufficient cause to reject a vendor’s proposal and/or selection irrespective of any other considerations.

d.) A copy of the No Contact Policy is included in the Mandatory RFP Documents Appendix (Appendix B) and must be signed by the vendor(s) and included in the vendor(s)’s Technical Proposal.

e.) Should the need arise, MPS may contact vendor(s) for clarification pertaining to the particular vendor’s proposal at any time during the solicitation process.

Section 7.2.5 – COMMBUYS a.) The Commonwealth’s sole online procurement record site is “COMMBUYS” at http://www.commbuys.com. All communication, clarification, notifications, addenda or other documents or information related to this solicitation are made through the COMMBUYS website.

b.) MPS, as a courtesy, may notify vendors directly of any clarifications, notifications, addenda or other documents or information related to this solicitation; however, the official publication source for any information provided is the COMMBUYS website. For this reason, vendors should access the COMMBUYS website frequently for official communications related to this solicitation from MPS. Access to the COMMBUYS website is free and vendors need to enroll and register per the instructions on the website: http://www.commbuys.com.

Section 7.2.6 – Sample Mandatory Contract Documents a.) The selected vendor(s) will be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP in Appendix E – Samples Mandatory Contract Documents):

i.) Commonwealth of Massachusetts Standard Contract Form (and all related attachments, addenda and exhibits);

ii.) Commonwealth Terms and Conditions;

ii.) Electronic Funds Transfer (“EFT”) Sign Up Form;

iii.) Verification of Taxation Reporting Information (W-9) – Massachusetts Substitute W-9 Form (“W-9”); and iv.) Contractor Authorized Signatory Listing (“CASL”) Form.

b.) These Sample Mandatory Contract Documents are provided only for review and reference and are not to be completed or submitted as part of the RFP solicitation process.

Section 7.2.7 – Submission of Proposals a.) Each response to this RFP must consist of two (2) uploads to COMMBUYS:

i.) Technical Proposal; and ii.) Pricing Proposal.

b.) All responses must be submitted electronically through COMMBUYS.

Detailed instructions on how to submit a bid on COMMBUYS is located in Appendix F.

Section 7.2.8 – Technical Proposal Submission a.) The Technical Proposal must be submitted electronically through COMMBUYS (See Appendix F).

Section 7.2.9 – Pricing Proposal Submission a.) The Pricing Proposal must be submitted electronically through COMMBUYS (See Appendix F).

Section 7.2.10 – Proposal Due Date a.) Both the Technical Proposal and the Pricing Proposal must be received by MPS no later than the date and time indicated in Section 7.2.1.

b.) It is the vendor’s responsibility to ensure that its proposal is received before the submission deadline and time specified in Section 7.2.1.

Section 7.2.11 – Clarifications and Correction of Proposal a.) The Evaluation Committee (see Section 7.5.2) may request additional information from vendors needed to clarify the vendor’s proposal or to facilitate the fair comparison of competing vendor(s) proposals. These requests may be in the form of questions seeking to clarify a technical or pricing proposal item, a request to itemize costs based upon a different cost spreadsheet format, correction of arithmetic errors, or a Best and Final Offer (BAFO) (see Section 7.5.15) for either the Technical or Pricing Proposals.

Section 7.2.12 – Mandatory Proposal Requirements v. Bolded Text

Bold face text is used throughout this RFP for emphasis only. Mandatory proposal requirements are indicated by the terms “must,” “shall,” “is/are required,” or “will,” regardless of the highlighting or font style in the RFP.

Section 7.3 – Technical Proposal

Section 7.3.1 – General Information a.) Responses to this RFP must be prepared and submitted in accordance with requirements outlined in the RFP.

b.) Any proposal submitted with material deviations from the prescribed format, as determined by MPS, may be considered non-responsive and excluded from further consideration or evaluation at the sole discretion of MPS.

Section 7.3.2 – Technical Proposal Specifications a.) Responsive to Scope of Services Vendor(s) proposals must address each specification, task, or component included herein (see Section 7.1 and Appendix A for the Scope of Services).

b.) Vendor(s) Alternatives A vendor(s) may determine that it cannot respond to a technical or business specification as detailed in the RFP. However, it may believe it can offer equivalent or superior performance by some other means. In such cases, the vendor(s) should explicitly state that it cannot meet the specifications as presented, propose an alternative, and provide a thorough description of how the proposed alternative would provide equivalent or superior performance of the specification. The Evaluation Committee will be the sole judge of whether a proposed alternative achieves at least an equivalent performance of the technical or business specifications for which the vendor(s) is identifying an alternative.

Section 7.3.3 – No Pricing Information in the Technical Proposal a.) Pricing information of any kind, regarding the services and/or products proposed, must not be included in any section of the Technical Proposal. Any Technical Proposal containing pricing information may be disqualified. Pricing information must be included only in the vendor’s Pricing Proposal.

Section 7.3.4 – Technical Proposal Format Outline a.) Each Technical Proposal submitted in response to this RFP shall include the following sections, the requirements for which are provided in the following section:

Technical Proposal Format Outline

Technical Section 1: Technical Proposal Transmittal Letter Technical Section 2: Executive Summary Technical Section 3: Mandatory Forms (See Appendix B) Technical Section 4: Vendor(s) Qualifications Technical Section 5: Staff Qualifications Technical Section 6: Client References Technical Section 7: Response to Vendor(s) Tasks (Appendix A)

Section 7.3.5 – Technical Proposal Format a.) The Technical Proposal shall detail the vendor’s approach to each of the vendor(s) tasks detailed in Appendix A. Vendors must use the section numberings and headlines as outlined below for the format of their responses. In parentheses after each heading below are references to the specific sections in this RFP to which the vendor(s) must respond.

(1) Technical Proposal Transmittal Letter (7.3.6)

(2) Executive Summary (7.3.7)

(3) Mandatory Documents (included in RFP Appendix B) (7.3.8) a.) Prompt Payment Discount (PPD) b.) Vendor(s) Acceptance Form c.) No Contact Policy Acknowledgement d.) Supplier Diversity Program (SDP)

(4) Vendor(s) Qualifications (7.3.9)

(5) Staff Qualifications (7.3.10)

(6) Client References (7.3.11)

(7) Response to Vendor(s) Tasks (7.3.12)

Section 7.3.6 – Technical Proposal Transmittal Letter a.) The Transmittal Letter is used to communicate the vendor’s submission of a proposal in response to the requirements contained in the RFP. The Technical Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor(s) to all representations and commitments made in the vendor’s response.

ii.) Identify the name and contact information of the vendor’s representative who may be contacted for all contractual matters.

iii.) Indicate the vendor’s acceptance of all terms and conditions in this RFP.

iv.) Clearly state that the vendor’s proposal is valid for one hundred and twenty (120) days after the submission of the proposal or, upon mutual agreement, for a specified, longer period of time.

v.) Include a complete disclosure of any criminal litigation or regulatory action in which the vendor(s) has been judged guilty by a court of law or been found responsible or liable or equivalent finding by any court, administrative or governmental entity within the last five (5) years related to the subject matter of this RFP. Civil actions resulting in losses, settlements or potential liability in excess of $250,000 must be included. If none, the vendor(s) must include a statement to that effect.

Section 7.3.7 – Executive Summary a.) The vendor(s) shall submit an Executive Summary that briefly outlines its Technical Proposal. The Executive Summary shall, at a minimum, include a summary of the proposed products and services to be provided by the submitting vendor(s) as well as any subcontractors.

b.) This section should highlight aspects of the vendor’s proposal, which make it superior or unique in addressing the needs of MPS.

c.) The Executive Summary is intended as an overview document that summarizes the contents of the Technical Proposal. Marketing literature, excessive descriptions and detailed documentation are discouraged. While strict page limits are not mandated, vendors are encouraged to be concise and direct in describing their response.

Section 7.3.8 – Mandatory Forms and Disclosures a.) The vendor(s) shall attach to its Technical Proposal all mandatory forms and disclosures required by this RFP. Mandatory forms are included in Appendix B.

Section 7.3.9 – Vendor(s) Qualifications a.) The Vendor(s) Qualifications portion of the proposal must contain the following information:

i.) company’s legal name;

ii.) company’s state of incorporation iii.) nature of legal entity of company (e.g., Incorporated, D/B/A, L.L.C., etc.);

iv.) brief background of company; and v.) company’s current staffing.

b.) The vendor(s) must also provide documentation of its “good standing” as a legal entity (corporation, partnership, etc.) in the state or jurisdiction where it is registered as a legal entity. For example, in the Commonwealth of Massachusetts, incorporated entities are required to file annual reports with the Secretary of the Commonwealth and pay the appropriate annual fees. Those vendors in compliance with the Secretary of Commonwealth’s requirements are considered to be in ‘good standing’ and may obtain a certificate stating that they are. If vendors are not able to obtain a certificate or document of good standing, the vendor(s) should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental, or administrative entity with which it is registered (and should identify that regulatory, governmental, or administrative entity).

c.) The vendor(s) must notify MPS of, and provide information on, any contracts or other agreements for Remote Alcohol monitoring/services between the vendor(s) and any client that were terminated before the anticipated end of the scheduled term of the contract or lease during the last five (5) years due to non-compatible/effective deliverables, system deficiencies or client dissatisfaction. The information provided must indicate the name of the client, the product and/or services rendered, the timeframe in which the contract or lease was in existence (including start date and scheduled term), the premature termination date, and the reason for the premature termination. MPS reserves the right to ask for further materials and information on any responses provided in this section. In the event the vendor(s) and client executed a confidentiality agreement, the vendor(s) is to state such a confidentiality agreement exists and is to provide as much information as is allowable under the confidentiality agreement, including the identity of the client.

d.) The vendor(s) must identify and provide information on any contract, lease, or other agreement that the vendor(s) has entered into with any agency or department of the Commonwealth of Massachusetts in the past five (5) years. The information provided must indicate the name of the state agency or department that the vendor(s) contracted with, the dates/timeframe of the contract, lease, or agreement, and the nature of the products and/or services provided.

Section 7.3.10 – Staff Qualifications a.) Vendors must identify what staff, employees, or subcontractors it anticipates utilizing for the services to be rendered by MPS for this project. Anticipated staff, employees or subcontractors should be identified by:

i.) job title ii.) department iii.) years of experience iv.) relevant education history; and v.) description of the services they are anticipated to provide.

Section 7.3.11 – Client References a.) The vendor(s) is expected to provide at least three (3) client references that demonstrate experience in delivering the type of product and services described in this RFP. Each client reference should include the following information:

i.) Name and address of the client;

ii.) Contact information for client’s representative;

iii.) Description of project, including functional purpose, goals and objectives;

iv.) Description of products and services provided; and v.) Current project status (live, completed, phase, suspended, delayed, terminated) and reasons for any delays or termination.

Section 7.3.12 – Response to Vendor(s) Tasks a.) Vendor(s) proposals should provide a detailed plan as to how the vendor(s) proposes to assist MPS in replacing its current inventory of Remote Alcohol monitoring devices.

b.) Vendors should incorporate the specifications in Appendix A into their proposal and should indicate how they intend to provide each task or service identified. Vendors should also identify any elements or aspects that they deem necessary and important to the process that are not identified by MPS in its specifications.

c.) Vendors should also provide details on the processes, approach, and strategies employed in prior instances of establishing and providing similar services.

Section 7.4 – Pricing Proposal

Section 7.4.1 – Pricing Proposal Requirements a.) The vendor’s Pricing Proposal shall be labeled and sealed separately from the remainder of the vendor’s Technical Proposal. The vendor(s) shall include the following items in its Pricing Proposal, the requirements which are described in the following sections:

Pricing Proposal

Pricing Section 1: Pricing Proposal Transmittal Letter Pricing Section 2: Pricing Schedule (See Appendix D)

Section 7.4.2 – Pricing Proposal Transmittal Letter a.) The vendor’s Pricing Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor(s) to all representations and commitments made in the vendor’s response.

ii.) Identify all products and materials included in the vendor(s)’s Pricing Proposal; and iii.) Clearly state that the vendor’s proposal is valid for one hundred and twenty (120) days after the submission of the proposal or, upon mutual agreement, for a specified, longer period of time.

Section 7.4.3 – Pricing Schedule(s) a.) The vendor(s) must complete a Pricing Schedule as part of the Pricing Proposal. Basic guidelines for the Pricing Schedule are provided in Appendix D of this RFP.

b.) The vendor(s) is to propose a price for all leased equipment, deliverables and services. Pricing Schedule(s) shall be submitted as part of the vendor’s Pricing Proposal.

Section 7.4.4 – General Cost Considerations a.) The vendor(s) must offer a price and cost breakdown for all leased equipment, deliverables and services necessary for the proper implementation of the program. Payments will be issued in accordance with a payment schedule.

Section 7.5 – Proposal Evaluation

Section 7.5.1 – Introduction

This section provides a description of the evaluation process and evaluation criteria that will be used to evaluate the proposals. To be deemed responsive, it is important that a vendor’s proposal provide appropriate details to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFP. Failure of a vendor(s) to submit the information requested may result in the elimination of the proposal from further evaluation.

Section 7.5.2 – Evaluation Committee

An Evaluation Committee comprised of various MPS staff members will be established to review all qualifying vendor(s) proposals. The Evaluation Committee will be involved in each phase of evaluation as detailed in this RFP including the product demonstration and field-testing phases and will present its findings to the RFP Manager. The Evaluation Committee will be restricted from contact with any vendor(s) outside of the parameters defined in the No Contact Policy (Attachments B), from the release date of the RFP to the end of the RFP process.

Section 7.5.3 – Overall Proposal Review a.) The Evaluation Committee will favorably weigh vendor(s) proposals that address requirements and tasks succinctly and completely in a direct, coherent, and clear fashion. This should include explanations of the time, resources, and tasks necessary to complete any modifications that are not included in the vendor’s solutions.

b.) The Evaluation Committee may determine that simple, one-word answers such as “agree”, “understood,” or “acknowledge” do not provide an adequate answer. In the event that the Evaluation Committee accepts such an answer to a requirement, the vendor(s) agrees by such answer to accept, without qualification, MPS’s interpretation of the requirement as defined by MPS.

c.) No proposal will be opened or evaluated prior to the proposal due date.

Section 7.5.4 – Rejection of Proposals a.) The Evaluation Committee may, at any time in the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Evaluation Committee, either the vendor(s) or the vendor’s proposal failed to adhere to the provisions of the RFP, or if the vendor(s) engages in illegal or unethical conduct, or in some way improperly attempts to influence the evaluation process.

Section 7.5.5 – Evaluation Process a.) The proposal evaluation process has been developed to ensure an impartial evaluation of all responses to this RFP and encompasses the following phases:

1. Receipt of Final Proposals by Deadline

2. Mandatory RFP Documents Compliance Review

3. Evaluation of Technical Proposal

4. Evaluation of Vendor(s) Experience

5. Client Reference Checks

6. Vendor(s) Presentations and Product Demonstrations (at MPS’s sole discretion)

7. Product Field Testing

8. Pricing Proposal Review (inclusive of Best and Final Offers – if applicable) b.) The results of each phase of review will be documented and filed with the RFP Manager.

c.) Please note that any time during the selection process, MPS may request any responding vendor(s) to provide explicit written clarification on any part of its proposal.

Section 7.5.6 – Vendor Presentations and Product Demonstrations (At MPS’s Sole Discretion) a.) The Evaluation Committee, in its own discretion, may schedule Vendor(s) Presentations for up to five (5) vendor(s). The vendor(s) will be selected from those with up to the five (5) highest cumulative scores after the evaluation of the Technical Proposal, Vendor(s) Experience, and Client Reference Checks Review phases have been completed. In the event the Evaluation Committee conducts less than five (5) presentations, the number of vendor(s) selected to participate in the presentation phase will correspond to their cumulative ranking after the prior phases (e.g., if three (3) vendor(s) are selected to participate in the presentation phase, they will be the vendor(s) with the three (3) highest cumulative scores for the prior phases).

b.) The content, extent and manner of vendor(s) presentations will be established by MPS. Vendor(s) selected to participate in the Vendor(s) Presentation phase will be provided information on the substance and format of the presentations and product demonstrations as soon as possible in the process.

Section 7.5.7 – Field Testing a.) The Evaluation Committee will conduct Field Tests of the Remote Alcohol Monitoring equipment and services for the vendor(s) following the Vendor(s) Presentations and Product Demonstrations. The vendor(s) will work with MPS to establish the Field-Testing Plan.

Section 7.5.8 – Training Services a.) As part of its Response, the vendor(s) will submit a comprehensive Training Plan regarding the use of its Remote Alcohol Monitoring equipment and services. Included in said Training Plan will be sample training materials for MPS to review. If selected, the vendor(s) will thereafter work with MPS to modify the Training Plan as may be requested by MPS, prepare training materials, and deliver training to all MPS employees using the vendor(s) Remote Alcohol Monitoring equipment and services. The Training Plan shall include a train-the-trainer model by which the vendor(s) will ensure that MPS trainers are prepared to assume all of the training responsibilities once the lease contract’s training sessions have ended. The total number of trainees and the training is expected to last as needed and determined by MPS, during the term of the Lease Contract.

Section 7.5.9 – Training Materials a.) The vendor(s) will prepare all training material for training MPS personnel on how to use the Remote Alcohol Monitoring equipment and services and be based upon a thorough assessment of user needs, skills, and abilities. The vendor(s) will also prepare all training material for the train-the-trainer trainings that will enable MPS to train its own personnel on how to use the Remote Alcohol Monitoring equipment and services. Training materials should be concise but still provide the trainee with a thorough knowledge of the Remote Alcohol Monitoring equipment and services. In its response to this RFP, the vendor(s) shall describe its approach and methodology for creating user-training material. The vendor(s) should also provide templates and other examples of training materials it has prepared for similar projects.

Section 7.5.10 – Training Implementation a.) In coordination with MPS’s Training Division, the vendor(s) will be responsible for managing and conducting training sessions outlined in the Training Plan. In its response to this RFP, the vendor(s) should describe its approach to managing and conducting training sessions for users of the Remote Alcohol Monitoring equipment and services. The vendor(s) shall identify how it will work with MPS training staff to ensure that MPS staff are adequately prepared to assume training responsibility from the vendor(s).

Section 7.5.11 – Risk Mitigation Plan a.) The vendor(s) will submit a Risk Mitigation Plan, which will describe the vendor(s)’s approach to mitigating risks associated with implementing or utilizing their proposed Remote Alcohol Monitoring equipment and services. The Risk Mitigation should identify contingency plans for unexpected system outages as well as a systematic approach for scheduling and conducting routine maintenance without seriously impacting the use of individual Remote Alcohol Monitoring components. In its response to this RFP, the vendor(s) shall describe its approach to developing a Risk Management Plan. In addition, the vendor(s) should include any examples of Risk Management Plans it has produced for similar projects. In its response to this RFP, the vendor(s) must identify known risks and weaknesses of its proposed Remote Alcohol Monitoring equipment and must describe its implementation approach and plan to address those weaknesses.

Section 7.5.12 – Clarification of Proposal Information a.) At any time during the solicitation, the Evaluation Committee, at its discretion, may choose to initiate a clarification process with a vendor(s) to refine certain aspects of its proposal. The format of this process will remain at the discretion of the Evaluation Committee based upon their findings regarding the completeness of the vendor(s) proposals.

Section 7.5.13 – Review of Pricing Proposals a.) Pricing Proposals will not be evaluated until after the Technical Proposal (and Vendor(s) Presentations/Field Testing, if held) evaluations are completed.

b.) The Evaluation Committee will evaluate the Pricing Proposals by taking into consideration the overall costs of all equipment and services identified for the entire possible duration of the contract and which proposal provides the best overall value to MPS.

c.) In its review of the Pricing Proposals, the Evaluation Committee may take note of potential differences in the value of the various aspects of a vendor(s)’s proposal or vendor(s)’s experience level that rise above other proposals. The Evaluation Committee will also take into consideration the vendor(s)’s ability to provide the requested equipment and services for the price quoted in its proposal (for proposals deemed to be significantly underbid solely to obtain the contract without consideration for the vendor(s)’s true ability to deliver the equipment or services).

d.) Vendors must list prices for each component of the project on a Pricing Schedule (See Appendix D). Any necessary component of the project not listed with its price shall be deemed to be available to MPS at no charge.

e.) While the lowest bidder may not be automatically selected, the proposal that achieves the goals and objectives of MPS for this solicitation with the lowest total cost will receive higher consideration among qualifying vendors.

f.) MPS reserves the right to request clarifications from any or all of the responding vendor(s) after the initial review of Pricing Proposals.

7.5.14 – Clarification of Pricing Proposal a.) During the Pricing Proposal phase of the evaluation, the Evaluation Committee may choose to initiate a clarification process to refine certain aspects of the Pricing Proposal. The Evaluation Committee may request written clarification of prices, a further explanation of the contents of the vendor(s) Pricing Proposal, or a request for clarification on any aspect of the Pricing Proposal.

7.5.15 – Best and Final Offers (BAFO) Option a.) As part of the Pricing Proposal evaluation process, MPS, at its sole discretion, may elect to enter into a Best and Final Offers (BAFO) process with vendor(s). If the BAFO process is used, the pricing considerations and overall value of the Pricing Proposals under review may be re-evaluated based on the results received for the Best and Final Offer(s).

7.5.16 – Vendor(s) Selection and Contract Negotiations a.) Based on the review described herein, the Evaluation Committee shall recommend a vendor(s) to the MPS Commissioner that is best able to provide the equipment and services requested by the RFP and which also provides the best overall value to MPS.

b.) The MPS Commissioner will review the Evaluation Committee’s recommendation and will select the vendor(s) that is best able to provide the equipment and services requested by the RFP and which also provides the best overall value to MPS.

b.) MPS will establish a contract negotiating team to negotiate a mutually acceptable contact with a selected vendor(s). If the selected vendor(s) and MPS’s negotiating team fail to negotiate a contract, the negotiating team will suspend negotiations with the selected vendor(s) and, following the same process, will begin negotiations with the next most highly ranked vendor(s).

7.5.17 – Estimated Evaluation Weighting a.) The evaluation weighting for the various components below have been assigned according to their importance to MPS.

COMPONENT RELATIVE WEIGHTING

TECHNICAL PROPOSAL 30%

Does vendor(s) properly indicate ability to perform all tasks and services requested by this RFP?

REFERENCES AND VENDOR(S) EXPERIENCE 40%

Do vendor’s references and experience demonstrate superior performance to provide the equipment and services as requested by this RFP?

VENDOR(S) PRESENTATION AND FIELD TESTING 30%*

Does vendor(s) presentation and field testing enhance or lower Evaluation Committee members’ expectations that vendor(s) can properly perform all tasks and services as requested by the RFP?

TOTAL 100%

* If Vendor(s) Presentations are not conducted, the points otherwise allotted for Vendor(s) Presentations will not be calculated, and final scoring and ranking will be based on Technical Proposal and References and Vendor(s) Experience.

EVALUATOR BONUS POINTS TBD

In addition to the scoring structure detailed above, Evaluation Committee members will be given a fixed amount of evaluator bonus points which can be awarded to the vendor(s) proposal that each determines exceeds the RFP requirements in ways not anticipated by the scoring rubric. These bonus points are to reward innovative technologies as well as services that increase the overall efficiency of Remote Alcohol monitoring. The bonus points can only be given to one vendor(s) proposal and cannot be split amongst or between multiple proposals. Bonus Points may be used in each of the components listed above (Technical Proposal, References and Vendor(s) Experience, and Vendor(s) Presentation and Field Testing).

TOTAL – PRICING PROPOSAL* TO BE EVALUATED

* Pricing Proposals will not be evaluated until all prior evaluation phases are completed.

Section 8.0 – Contract Obligations

Section 8.1 – Contract Documents a.) The contract awarded under this RFP will consist of the following documents**, which are placed in the order of precedence:

i.) Standard Contract Form;

ii.) RFP (inclusive of Attachments, Exhibits, Clarifications);

iii.) Other Documents necessary to complete the contract (Additional Terms and Conditions, Project Plan, etc.); and iv.) Vendor(s) Technical and Pricing Proposals

** The final contract may consist of documents not yet identified or listed in this section. MPS reserves the right to include any such document that is necessary in order to finalize the contract resulting from this RFP.

Section 8.2 – Amendment to the Contract a.) Any contract arising from this RFP may be amended to add additional products (including additional monitoring modalities) or services that MPS believes are necessary and consistent with its goal of procuring the best possible Remote Alcohol monitoring equipment/services for MPS.

Section 8.3 – Prime Contractor Responsibility a.) MPS requires a single point of responsibility for any contract resulting from the RFP. Subcontractors, when approved by MPS, may be used, but the vendor(s) selected through this RFP agrees to act as the prime contractor. The prime contractor, not MPS, will be responsible for performance of all its subcontractors and for any payment due to liabilities incurred by any of its subcontractors in the course of their activity related to any contract resulting from this RFP.

Section 9.0 – Miscellaneous Provisions

Section 9.1 – Availability of Funding a.) The contract resulting from this solicitation, and any amendment thereto, and any performance hereunder, is subject to the availability, and continued availability, of funding from the Commonwealth of Massachusetts. The determination of whether said funding is available will be solely within the judgment of MPS.

Section 9.2 – Appropriation of Payments a.) Appropriations for expenditures by eligible entities of the Commonwealth (such as the Trial Court and MPS), and authorization to spend for a particular purpose, are made on a fiscal year basis. The fiscal year of the Commonwealth is a twelve (12) month period that begins on July 1st and ends on June 30th the following calendar year. The obligations of MPS under any contract executed with a vendor(s) selected through this RFP shall be subject to the appropriation of funds sufficient to discharge MPS’s obligations that accrue in that fiscal year, and authorization to spend such funds for the purposes of the contract.