Request for Responses_Master Agreement for Temporary Medical Staffing.doc

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MASSACHUSETTS 02108

REQUEST FOR RESPONSES

FOR

DEPARTMENTAL MASTER AGREEMENTS

FOR TEMPORARY MEDICAL STAFFING SERVICES

COMMBUYS BID #: BD-23-1039-EHS01-ASHWA-78112

DOCUMENT #: 23EHSKATEMPMEDSTAFFRFR

ISSUED: August 5, 2022

TABLE OF CONTENTS

1Section 1. Definitions

1Section 2. Introduction And General Description

12.1 Procurement Scope and Description

22.2 Applicable Procurement Law; Description of Procurement

22.3 Procurement Details

32.4 Qualified Vendor Requirements

3Section 3: Qualified Vendor Requirements

33.1 Entity Requirements

33.2 Fiscal Requirements

43.3 Liability Coverage Requirements

53.4 References and reference information and/or requirements

53.5 Largest Customers

53.6 Desired Qualifications

6Section 4. Contract Performance and Services Specifications

64.1 Categories of Temporary Medical Services (1-4).

64.2 Additional Service Specifications

64.3 Pre-screening Requirements

74.4 On-going Requirements

74.5 Compensation

84.6 Conversion Fees

84.7 Termination of Temporary Worker Assignment

8Section 5: Allocation of Service Requests

85.1 How Business Will Be Conducted

85.2 Service Request to Uniquely Qualified Vendor

95.3 Qualified Vendor Response to a Service Request

95.4 Awarding Statement of Work

95.5 Performance and Payment Time Frames Which Exceed Contract Duration

9Section 6. Response Requirements

96.1 RFR Submission Checklist

116.2 Submitting Responses (Quotes) to this RFR

116.3 Bid Opening Date/Time

116.4 RFR Inquiries

116.5 Procurement Timetable

12Section 7. Response Evaluation Process and Selection Criteria

127.1 Evaluation

127.2 Rejection of Responses

137.3 Clarifications

137.4 Best Value Selection and Negotiation

137.5 Recommendation to Enter into Negotiations and Award Contract

147.5 Review of Qualified Vendor List

147.6 RFR Re-opening

14Section 8. RFR Information And Additional Terms

148.1 Issuing Office

148.2 Contract Term

148.3 Commonwealth of Massachusetts Standard Contract and Terms and Conditions

158.4 COMMBUYS Market Center

168.5 Bidder Communications

168.6 Amendment to or Withdrawal of RFR

168.7 Acceptance of Response Content

168.8 Incorporation of RFR

168.9 Alterations

178.10 Authorizations and Appropriations

178.11 Program Modifications and New Initiatives

178.12 Non-Collusion

178.13 Contract Expansion

188.14 Costs

188.15 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

188.16 Key Personnel

188.17 Electronic Funds Transfer

198.18 HIPAA: Business Associate Contractual Obligations

198.19 Minimum Quote (Bid Response) Duration

208.20 Prompt Payment Discounts (PPD)

208.21 Public Records

208.22 Reasonable Accommodation

208.23 Restriction on the Use of the Commonwealth Seal

218.24 Subcontracting Policies

218.25 Acceptable Forms of Signature

218.26 Debriefing

218.27 Supplier Diversity Program (SDP)

258.28 Environmental Response Submission Compliance

268.29 Byrd Anti-Lobbying Amendment

268.30 Fraud

27ATTACHMENT A:

28ATTACHMENT B:

Section 1. Definitions The following terms or their abbreviations, when capitalized in this RFR and its attachments, are defined as follows, unless the context clearly indicates otherwise.

Agency - the Executive Office of Health and Human Services (EOHHS) or any department, agency, commission, office, board, division, or any other body or facility within EOHHS as set out in M.G.L. c. 6A, § 16, including the Executive Office of Elder Affairs and the Chelsea and Holyoke Soldiers’ Homes.

Bidder – an individual or organization proposing to enter into a Contract by submitting a Response (Quote) for this RFR.

Contract (or Master Agreement) – the legally enforceable agreement between EOHHS and a Contractor pursuant to this RFR.

EOHHS – the Commonwealth of Massachusetts Executive Office of Health and Human Services. EOHHS includes its constituent agencies, MassHealth program and two Soldiers’ Homes as set forth in M.G.L c. 6A, § 16.

EOHHS Facility - any EOHHS Agency location or site, including state-operated hospitals and congregate care facilities, or the Chelsea or Holyoke Soldiers’ Homes

MassHealth – the medical assistance or benefit programs administered by EOHHS, pursuant to M.G.L. c. 118E and Titles XIX and XXI of the Social Security Act, the § 1115 Medicaid Research and Demonstration Waiver and other applicable laws and waivers.

Procurement - the acquisition of Commodities or Services, or both, which may be made through an outright purchase, license, lease-purchase, lease, rental, fee-for-service or other method approved by OSD or authorized by law.

Qualified Vendor (or Contractor) – the selected Bidder(s) that execute a Departmental Master Agreement with EOHHS under this RFR.

Request for Response (RFR) - the mechanism used to communicate Procurement specifications and to request Responses or interest from potential Bidders. An RFR may also be referred to as a

"solicitation".

Response - a Response from a Bidder to a Request for Response (RFR) under a competitive

Procurement. A Response shall include submissions commonly referred to as "bids", "quotes" or

"proposals".

Temporary Medical Staffing Services – any of the three categories temporary medical staffing services set forth in Section 4.

Travel Nursing Staff. - Nursing Staff employed by a Qualified Vendor who are required to move to temporary housing to provide nursing services and for whom such Qualified Vendor covers costs that must include temporary housing costs, but which also may include other costs including, but not necessarily limited to, meals.

Section seq level0 \h \r0 seq level1 \h \r0 seq level2 \h \r0 seq level3 \h \r0 seq level4 \h \r0 seq level5 \h \r0 seq level6 \h \r0 seq level7 \h \r0 2. Introduction And General Description

2.1 Procurement Scope and Description The Executive Office of Health and Human Services is issuing this Request for Responses (RFR) to establish a Departmental Master Agreement (MA) which will consist of pre-qualified Qualified Vendors (Contractors) available to provide Temporary Medical Staffing Services for EOHHS in the following three categories:

Category 1 - Nursing Staff. Respondent provides temporary Registered Nurses (RN), Licensed Practical Nurses (LPN), and/or Certified Nursing Assistants (CNA)(collectively, nursing staff)(see Section 4.1.1.)

Category 2 – Direct Care Workers. Respondent provides temporary workers for non-nursing direct care positions at EOHHS facilities. A description of Category 2 positions is included in Section 4.1.2.

Category 3 – Medical Doctors. Respondent provides licensed medical doctors (MD or OSD), for assignment at EOHHS facilities, as described in Section 4.1.3, below.

EOHHS will enter into a separate Contract with each Bidder it determines is satisfactory, qualified, and suited to provide one or more category of Temporary Medical Staffing Services, based on the criteria detailed herein. This will create a pool of “Qualified Vendors” from which EOHHS may select a particular vendor to provide required Temporary Medical Staffing Services to meet a specific staffing need, as described through a Statement of Work.

2.2 Applicable Procurement Law; Description of Procurement EOHHS is issuing this RFR under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00. 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 and the specifications in Section 6: RFR Submission Requirements. EOHHS reserves the right to amend this RFR at any time prior to the initial date the Responses are due. Any such amendment will be posted to the Commonwealth’s procurement web site, COMMBUYS (see Section 8.4), which will be the sole method used for notification of changes. The RFR will be reopened at EOHHS’s discretion to allow additional Bidders to apply to become Qualified Vendors under the “open procurement” process described in Section 8.6. All Contracts with Qualified Vendors, regardless of their start date, will expire on December 31, 2025, unless extended. EOHHS expects to enter into Contracts with all Bidders EOHHS deems qualified. However, EOHHS makes no guarantee that a Contract, any Statement of Work or any obligation to purchase any services will result from this RFR.

2.3 Procurement Details

A. Acquisition method: Contract is non-financial; Temporary Medical Staffing Services in Categories 1 through 3 are fee for service.

B. Single or multiple vendor(s): Multiple

C. Use of Procurement by single or multiple agencies: Single

Limited User Contract – Restricted to Use by Defined Entity Only. Any Contract(s) resulting from this RFR will be eligible for use by EOHHS.

EOHHS reserves the right to add or remove additional authorized users during the Contract term.

D. Anticipated Duration of Contract: The Contracts that result from this RFR will have an expiration date of December 31, 2025. Any or all Contracts may be extended for up to three additional years in any increment at the discretion of EOHHS upon terms to be negotiated by the parties. The total maximum duration for any Contract is six years, including extensions. No Statement of Work for services may be executed after the Contract has expired.

E. Anticipated Payment Structure: Payment for each Statement of Work will be determined individually, based on the needs of EOHHS; the selected Qualified Vendor’s rates as negotiated by the parties, not to exceed the rates set forth in the Contract; and any job-specific payments negotiated between the parties that results in a more competitive or cost-effective Statement of Work. (See Section 5).

2.4 Qualified Vendor Requirements To be considered for a Contract pursuant to this RFR (and therefore to become a Qualified Vendor), the Bidder (an individual or organization), in addition to all other requirements specified herein, must:

F. Submit a complete Response (Quote) to this RFR that complies with the submission requirements in Section 6, including the submission of a complete application at Attachment A;

G. Satisfy Bidder Qualifications described in Section 3 below; and H. Demonstrate through the Response the Bidder is satisfactory, qualified and suited to provide Category 1, 2, and/or Category 3 Temporary Medical Staffing Services described in Section 4.

Section 3: Qualified Vendor Requirements

To be determined as a Qualified Vendor, a Bidder must meet the Qualified Vendor requirements of this Section 3. EOHHS may require a Bidder to provide additional information or proof of qualifications and capacity to meet the requirements at any time during the procurement process.

3.1 Entity Requirements

3.1.1.

Mass. License or Registration. The Bidder must be licensed as an employment agency or registered as a placement agency with the Massachusetts Department of Labor Standards.

3.1.2.

The Bidder must have been in business at least two years prior to submission of the Response to this RFR.

3.1.3.

The Bidder must have two years experience in each category of services, under Section 4, for which Bidder applies to be a Qualified Vendor.

3.2 Fiscal Requirements

3.2.1.

Sound Fiscal Condition. The Bidder must be in sound financial condition as determined by EOHHS.

The Bidder must identify their financial business model that will be able to support and fund their daily business under any Contract awarded from this RFR.

Bidder must provide the following information:

i. Bidders are required to provide their Dunn and Bradstreet number in their Response, where one is available. Bidders are also required to provide the latest Dunn and Bradstreet report on their business’ performance. Where a Dunn and Bradstreet number is not available, or not provided in the bid Response, the Bidder must provide a Certification of Good Standing from the Department of Revenue and statement of Gross Income for the last three financial periods. Additionally, these Bidders must provide a list of any outstanding contingencies and liabilities, such as lawsuits or other claims or charges against the Bidder.

ii. An audited financial statement for your last fiscal year or an unaudited financial statement for your last fiscal year, with a letter from your Chief financial Officer certifying to the solvency of your company.

EOHHS reserves the right to request additional financial information from a Bidder or Qualified Vendor, at any time throughout the procurement or Contract duration, if EOHHS deems such information necessary to determine whether the Bidder or Qualified Vendor is or continues to be in a sound financial condition.

3.2.2.

A Bidder must not have been in bankruptcy under the United States Bankruptcy Code and/or in state or federal receivership within the 7 calendar years preceding submission of the response. A Bidder must disclose any solvency proceedings commenced under the United States Bankruptcy Code, state or federal receivership proceedings, or transfers for the benefit Bidder’s creditors, conducted by or against Bidder, for the seven years preceding the submission of Bidder’s response.

3.2.3.

Bidders must confirm their financial business model will be able to support and fund their daily business as a Qualified Vendor under any contract awarded from this RFR. At a minimum, a Bidder must have at least four (4) months of adequate reserves.

3.2.4.

If incorporated, a Bidder must be in good standing in and be in compliance with all filing requirements of the state of incorporation and with the Commonwealth of Massachusetts.

3.2.5.

A Bidder must be in compliance with all federal and Massachusetts tax laws.

3.2.6.

A Bidder must not be subject to a federal or state debarment order. EOHHS cannot award a Contract to a Bidder that is currently subject to a Massachusetts or federal debarment order.

3.3 Liability Coverage Requirements

3.3.1.

Qualified Vendors must demonstrate and maintain during the term of its Contract liability coverage as follows:

1. Workers’ Compensation Insurance with statutory minimum limits.

2. Comprehensive General Liability and Property Damage Insurance, including coverage for products and completed operations, with limits of at least $1 million for each occurrence and $3 million annual aggregate.

3. Umbrella Coverage with limits of at least $5 million per occurrence following the forms of the underlying insurance policies.

Category 3 Qualified Vendors ONLY:

A. In place of coverage limits set forth in 3.3.1.(2), if the temporary worker provides clinical or patient care services (“Clinical Services”), Qualified Vendor shall maintain comprehensive general liability and property damage insurance with limits of at least $2 million per incident and at least $6 million aggregate; or the equivalent.

3.3.2.

Additional Liability Coverage Requirements: If coverage is lost or reduced below the specified limits, EOHHS must be notified and the contract may be canceled by EOHHS.

At the time of entering into a Contract under this RFR, the Qualified Vendor must provide EOHHS with a certificate of insurance certifying that the required insurance has been obtained. In addition, a certified copy of the policy must be provided on request.

3.4 References and reference information and/or requirements

Bidders are required to submit names and contact information of three (3) business references from customers with whom there is a standing relationship of a one (1) year or greater duration. References must be familiar with Bidders’ experience with providing the Temporary Medical Staffing Services required in this RFR. References with examples of experience related to the reference are to be submitted with the application.

3.5 Largest Customers

Bidders are required to indicate their existing or prior customers, in the following categories. Responses will be evaluated to demonstrate experience, but having customers in each category is not minimum requirement for qualification:

1. Three largest customers in the state of Massachusetts;

2. Their largest government customer; and/or

3. Their largest customer in other states.

For each category of customer, the Bidder must also describe the scope of the services being provided to these customers and the duration of the service relationship/contract. Bidder may list additional customers in any category, but the list in total may not extend five customers.

Responses will be evaluated to demonstrate experience.

Section 4. Contract Performance and Services Specifications Bidders must provide services in one or more of the following Categories (1, 2 or 3) to be determined a Qualified Vendor. Bidder must specify the Category number(s) for which it is applying to be a Qualified Vendor.

4.1 Categories of Temporary Medical Staffing Services (1, 2, and 3).

4.1.1.

Category 1 - Nursing Staff: The Qualified Vendor will provide temporary Registered Nurses (RN), Licensed Practical Nurses (LPN), and/or Certified Nursing Assistants (CNA)(collectively, nursing staff) for work assignment at EOHHS facilities on an as-needed, as available basis and in accordance with the Contract’s terms. Temporary nursing staff must have valid licensure or certification allowing for practice in Massachusetts, as applicable to the position for which they are assigned. Temporary nursing staff will provide direct nursing care to patients at EOHHS facilities. Nursing staff may include charge nurse, or interim director or leadership nursing positions.

4.1.2.

Category 2 – Direct Care Workers. Direct care under this category includes (i) positions requiring licensure, such as mental health counselors and social workers, (ii) direct care workers not requiring license or certification, such as direct care workers to provide bathing, dressing, lifting patients and other direct care services. Direct care workers in this category are not RNs, LPNs or CNAs.

4.1.3.

Category 3 – Medical Doctors. Medical doctors (MD or OSD) under this category must have licensure that allows for practice as an MD or OSD in Massachusetts. This category may include general practitioners, as well as physicians holding medical specialties and mental health specialties.

4.2 Additional Service Specifications

4.2.1.

Employer Status. Qualified Vendor is the employer of the temporary workers and has sole and exclusive responsibility for the payment of wages, benefits, payroll taxes, unemployment insurance payments and maintaining worker’s compensation insurance coverage in an amount and under such terms as required by Massachusetts state law.

4.2.2.

Assignments of temporary workers will be confirmed in a Statement of Work. Statements of Work will confirm the start date, rate, anticipated length of assignment and other details as required by EOHHS.

4.3 Pre-screening Requirements

4.3.1.

Qualified Vendor will confirm in writing each temporary worker provided for assignment with EOHHS has the necessary qualifications to provide the services required for the position for which they are assigned.

4.3.2.

The Qualified Vendor must pre-screen all temporary workers prior to assignment with EOHHS, and confirm in writing the following:

i. The temporary worker’s licensure, registration or certification for applicable position is current and meets Massachusetts state requirements.

ii. The temporary worker meets any minimum qualifications to provide the services required for the position as specified in EOHHS’ assignment request.

iii. The temporary worker has met the vaccination requirements (including COVID-19 vaccination requirements) and health and safety requirements applicable for EOHHS and/or the EOHHS facility or assignment location.

iv. The Qualified Vendor obtained a standard level Massachusetts CORI background check for employment purposes on the temporary worker and any other background checks required by the facility, or pursuant to federal or state laws or regulations, including meeting the requirements of 101 CMR 15.00. Additionally, Qualified Vendor will be required to obtain a criminal background check of the temporary worker in the state(s) where the temporary worker resided in the preceding 12 months prior to the assignment start date.

a. Where a temporary worker’s background check reveals finding(s) of criminal record for consideration under 101 CMR 15.00, the Qualified Vendor will only present such temporary worker subject to clearance by EOHHS of the candidate for temporary assignment. If EOHHS does not clear the temporary worker, the Qualified Vendor will withdraw the candidate and only cleared candidates will receive temporary assignment.

v. The Qualified Vendor completed any other pre-screening requirements required by EOHHS, including any pre-screening requirements specific to an EOHHS facility, constituent agency or Soldiers’ Home.

4.4 On-going Requirements

Qualified Vendor must require all temporary workers to comply with the health and safety requirements of EOHHS, including any specific requirements of the EOHHS location, throughout the term of the assignment.

4.5 Compensation

Compensation will be unit rate, consistent with the Bidder’s rates as submitted in Response to this RFR. Rates for individual temporary workers will be confirmed in a Statement of Work prior to the commencement of the assignment.

4.6 Conversion Fees

The Qualified Vendor will be permitted to charge a conversion fee at a sliding scale, if EOHHS hires a temporary worker as a permanent employee for the position for which they were assigned as a temporary worker under the Contract or equivalent position. The maximum conversion fee schedule is set forth in Exhibit 1, attached hereto. Permanent employment requires application through MassCareers.com and related hiring requirements. Qualified Vendors will submit their Conversion Fee schedule with their RFR response.

4.7 Termination of Temporary Worker Assignment

EOHHS may require the Qualified Vendor to terminate the assignment of the temporary worker with or without cause at any time.

Section 5seq level1 \h \r0 : Statements of Work 5.1 How Business Will Be Conducted

When EOHHS wishes to obtain services under Categories 1 2, and/or 3, it will send a request Notice to at least two Qualified Vendors. In determining the Qualified Vendors to whom to issue the Notice, EOHHS may consider information submitted with the Qualified Vendor’s Response to this RFR, including any relevant experience and Supplier Diversity Program (SDP) commitments (see Section 8.27).

The Notice will include key components of the requested services, including the job description, minimum and desired qualifications, and deadline for responses to the Notice. A template Notice is attached to the model contract included in this RFR at Exhibit 1-B, but EOHHS may tailor the notice to include additional requirements.

All proposals submitted in response to a Notice shall be binding.

5.2 Service Request to Uniquely Qualified Vendor At its discretion, EOHHS may determine that one Qualified Vendor has unique qualifications and abilities to provide services for a particular need and may issue a Notice and request a response from that Qualified Vendor exclusively.

5.3 Qualified Vendor Response to a Service Request In response to a Notice under this section, the Qualified Vendor will:

I. Submit for EOHHS’ review, the proposed rate and any requested documents (including resumes);

J. Confirm in its response the temporary worker(s) the Qualified Vendor can make available for EOHHS assignment will meet the RFR’s pre-screening requirements for temporary workers;

K. Certify in its response it is both willing and able to meet EOHHS’ timetable for the requested service; and

L. Comply with any additional requirements or requests for information that EOHHS may specify in the Notice.

5.4 Awarding Statement of Work Selection for Qualified Vendor status is no guarantee that the Vendor will be awarded a Statement of Work for any Category of services under the Contract.

For each Notice requesting services, EOHHS will select the Qualified Vendor(s) that best meet(s) its staffing needs. EOHHS reserves the right to modify the Notice based upon changes in its needs and to subsequently request revised proposal submissions.

EOHHS will review all responses to a Search request and will award a Statement of Work to the Qualified Vendor it deems provides the best value overall to EOHHS. EOHHS is under no obligation to choose the Qualified Vendor that proposes the lowest budget.

5.5 Performance and Payment Time Frames Which Exceed Contract Duration Any Statement of Work entered into during the duration of the Contract, where performance and payment time frames extend beyond the duration of the Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each Statement of Work). No Statement of Work shall extend more than one year beyond the final termination date of the Contract. No new Statements of Work may be executed after the Contract expires. Further, if this Contract terminates before the completion of a Statement of Work entered into under the Contract prior to the Contract’s expiration, and EOHHS procures a contract that succeeds this Contract (the “New Contract”), and the Contractor is on the New Contract Qualified Vendor list, EOHHS may, at its sole discretion and subject to applicable State law and regulation, enter into a new Statement of Work with the Contractor under the New Contract to complete the requested Search.

Section 6.seq level1 \h \r0 Response Requirements

6.1 RFR Submission Checklist All Responses to this RFR must be submitted in accordance with the submission instructions in this section. The Response must include the following items:

M. Cover Letter

Bidders must submit a cover letter signed by an individual authorized to bind the Bidder contractually that includes the following:

1. The name of the Bidder’s organization, principal address, local (greater Boston) address (if applicable, and if different from principal address), and the name, address, email, fax and telephone number of the individual who should be contacted regarding any aspect of the Bidder’s submission;

2. A statement that the submission is in response to EOHHS’s RFR for Departmental Master Agreement for Temporary Medical Staffing Services;

3. The Category or Categories under this RFR for which the Bidder is applying; and

4. The name(s) and title(s) of the individual(s) designated to negotiate with EOHHS, if different from the individual identified in subsection A.1, above.

N. Application

Bidders must complete the “Application” found at Attachment A of this RFR. The Application will be reviewed to determine Bidders’ qualifications to provide Temporary Medical Staffing Services under the Departmental Master Agreement. Bidders must respond to each question in the Application, and clearly label all attachments to their application with the section number of the application to which the attachments apply.

O. seq level2 \h \r0 Required Forms Bidders must complete, sign, and submit the following forms. These may be downloaded from the “File Attachments” section for this posting on the COMMBUYS website.

5. Commonwealth of Massachusetts Standard Contract Form: Fill out the Contractor-related boxes on the top left of the form and have a signatory sign it as an indication of acceptance of the form’s terms and conditions. The Qualified Vendors will execute a fully completed Standard Contract Form at the conclusion of the selection process.

6. Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification

7. Contractor Authorized Signatory Listing

8. Supplier Diversity Plan Form (SDP) (see Section 8.27)

9. Prompt Payment Discount Form (PPD) (see Section 8.20)

Two other RFR-required documents are available and must be downloaded from the list of File Attachments for Bidder review: a) Standard Contract Form Instructions, Contractor Certifications, and Commonwealth Terms and Conditions; and b) Commonwealth Terms and Conditions. It is expected that any Bidder’s legal review of the required contract forms will be done prior to a Quote submission; the Commonwealth Terms and Conditions, the Commonwealth’s Standard Contract Form, and many of the terms and conditions set forth in the model Contract (Attachment B) are not negotiable.

6.2 Submitting Responses (Quotes) to this RFR

6.2.1. General Submission Instructions

All procurements posted on COMMBUYS, known as Bids, require the submission of electronic Responses, also known as Quotes. To submit an electronic Response/Quote Respondents must register and maintain an active COMMBUYS Vendor registration. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at osdhelpdesk@mass.gov. Instructions for creating a Quote can be found in the document titled “How to Create a Quote in COMMBUYS” available by clicking the link “Job Aids for Vendors” on the COMMBUYS landing page at www.commbuys.com. In addition, there is an e-learning module, How to Locate and Respond to Bid Solicitations, that Respondents may find helpful. See Section 8.4 of this RFR for further information about COMMBUYS.

Interested Respondents must submit their RFR responses by the date and time in the Procurement Timetable in Section 6.4. Quotes must be fully uploaded in COMMBUYS before the Bid Opening Date and time (deadline for submissions) has passed. Responses submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. Any response submitted after this deadline or incomplete will not be evaluated and considered. Individual requests for extensions of time for submitting responses will be denied.

Respondents selected for Contract award may be asked to submit one or more paper originals of their RFR response to the RFR Contact named in Section 8.5 during the contract execution process.

All responses become the property of the Commonwealth of Massachusetts.

6.2.2. Multiple Quotes

Bidders may not submit multiple Quotes in response to the RFR. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple Quotes, only the latest dated quote submitted prior to the bid opening date will be evaluated.

6.2.3. Quote Content

RFR 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 RFR.

6.3 RFR Inquiries

Potential Bidders may make written inquiries concerning the RFR no later than the date and time specified in the timetable in Section 6.4. Written inquiries shall be sent via email to the RFR Contact listed in Section 8.5. Microsoft Word is the preferred file format; the questions should be numbered but not in a tabular format. A plain text email is also acceptable. Questions that are not provided in non-tabular Word format or plain text email or received after the deadline may be disregarded. EOHHS will review inquiries received by that date and, at its discretion, prepare written Bids to questions which EOHHS determines to be of general interest and that help to clarify the RFR. EOHHS reserves the right to edit questions for brevity or clarity. Any written Quote will be posted on COMMBUYS. Only written Bids will be binding on EOHHS.

Bidders may also submit written inquiries during subsequent re-openings of the RFR for new applications. EOHHS will review inquiries and at its discretion prepare written Bids to questions which EOHHS determines to be of general interest. Any written Quote will be made available to all prospective Bidders on COMMBUYS throughout the duration of this Contract. Only written Bids will be binding on EOHHS.

6.4 Procurement Timetable All dates except the RFR posted date are subject to change by written amendment to the RFR as per Section 8.6.

Responses will not be accepted after the Bid Opening Date indicated in line 3 of the timetable unless EOHHS has announced a new open enrollment period (see Section 7.7).

Section 7.seq level1 \h \r0 seq level2 \h \r0 Response Evaluation Process and Selection Criteria

An Evaluation Committee (also referred to as the “Procurement Management Team,” or “PMT”) appointed by EOHHS will evaluate all applications submitted in response to this RFR, at the time of the submission deadline as well as at any such times as the RFR is reopened for new applications.

7.1 Evaluation A. Contractors must submit Bids that meet all the submission requirements of the RFR, described in Sections 3 and 6. The PMT will first review the Bidders submission to determine if all submission instructions were followed. For those Bidders that comply with the Quote submission instructions, the Evaluation Committee will review the Bidders based on the Bidder Qualifications listed in Section 3 as well as the criteria in the following subsection B, below.

B. Bidders will be evaluated based on the following criteria:

1. Quality of Bids to the questions in Attachment A in accordance with the following criteria: appropriateness, clarity, effectiveness, and responsiveness to the needs of EOHHS;

2. Record of expertise and experience, including quality of references, relevant to performing Temporary Medical Staffing Services described in Section 4; and

3. Potential value to EOHHS of having the Bidder available Temporary Medical Staffing Services on an ongoing basis.

4. Supplier Diversity Plan: The Bidder must meet the minimum requirements for the SDP, as set forth in Section 8.27.

5. EOHHS may also consider any relevant information about the Bidder known to EOHHS.

7.2 Rejection of Responses

A Bidder’s Response may be rejected at any time during the evaluation process if the Bidder:

A. Fails to demonstrate to EOHHS’s satisfaction that it meets all RFR requirements;

B. Fails to satisfy all Response Submission Requirements described in Section 6;

C. Has any interest that may, in EOHHS’s sole determination, conflict with performance of services for the Commonwealth, or that is anti-competitive; or D. Fails to reach an agreement with EOHHS on all Contract terms, including but not limited to payment provisions.

EOHHS may in its sole discretion determine that non-compliance with any RFR requirement is insubstantial. In such cases, the Evaluation Committee may seek clarification, allow the Bidder to make minor corrections, or apply a combination of these remedies.

7.3 Clarifications

The Evaluation Committee may determine some element of a Bidder’s Quote requires clarification to verify its responsiveness to the RFR or facilitate a fair assessment. In such cases, the Evaluation Committee may seek clarification from the Bidder. All Bidders will be accorded fair treatment with respect to any opportunity for clarification.

7.4 Best Value Selection and Negotiation

EOHHS will select the Response(s) which it determines demonstrate the best value overall, to EOHHS and the Commonwealth, including proposed alternatives that will achieve the procurement goals of the department. EOHHS, or a selected bidder or 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.

7.5 Recommendation to Enter into Negotiations and Award Contract After evaluating the applications, the Evaluation Committee shall recommend to the Chief Human Resources Officer for EOHHS any or all Bidders for Qualified Vendor status. The Chief Human Resources Officer shall consider in deciding to select Bidders for Qualified Vendor status the Evaluation Committee’s recommendation, including regarding meeting minimum requirements, and the best interests of the Commonwealth.

EOHHS is under no obligation to award a Contract pursuant to this RFR. EOHHS may, at its discretion, enter into negotiations with selected Bidders regarding issues relevant to the Contract. A Contract award is contingent upon successful negotiation and execution of the Contract and the receipt of all necessary approvals, including that of the Office of the State Comptroller. Attachment B contains provisions that shall be incorporated into any Contract to be executed between EOHHS and each Qualified Vendor, as applicable to each Category of services for which the vendor was selected. EOHHS reserves the right to modify Attachment B as it deems necessary. Changes to the Contract after its execution by the parties shall be made only by written amendment. Contracts, if any, shall be executed by selected Bidders within 90 days of Contract award. EOHHS may elect not to contract with any selected Bidder that does not return an executed Contract to EOHHS with 90 days of the date of said notice.

7.6 Review of Qualified Vendor List

EOHHS may, at any time, review the Qualified Vendor lists under this Contract to determine whether such vendors remain qualified to be Qualified Vendors. EOHHS may terminate the Contract with any Qualified Vendor in accordance with Attachment B if EOHHS determines the Qualified Vendor is no longer qualified. EOHHS may also, in its sole discretion, terminate the Contract of an underutilized Qualified Vendor or decline to renew that Qualified Vendor’s Contract at Contract renewal time.

7.7 RFR Re-opening

Following the current submission period, the procurement will be closed for additional applications except during designated open enrollment periods, which EOHHS shall announce on the Commonwealth procurement website, COMMBUYS.com. The procurement may be reopened at EOHHS’s sole discretion. Any organizations that submit applications during the subsequent open enrollment periods must follow the same submission instructions outlined in this Section 6. Such applications will be reviewed and evaluated as described in Section 7.

Section 8. RFR Information And Additional Terms 8.1 Issuing Office Executive Office of Health and Human Services

One Ashburton Place, 11th floor

Boston, MA 02108

8.2 Contract Term

All Contracts with Qualified Vendors, regardless of their start date, will expire on December 31, 2025, unless terminated earlier in accordance with Section 4 of the Commonwealth of Massachusetts Standard Contract Form. Notwithstanding the foregoing, pursuant to Section 2.3.D any or all Contracts may be extended for up to three additional years in any increment at the discretion of EOHHS upon terms to be negotiated by the parties.

8.3 Commonwealth of Massachusetts Standard Contract and Terms and Conditions

Bidders selected under this Contract agree to abide by the terms of the Commonwealth of Massachusetts Standard Contract and Terms and Conditions. EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder’s suggestion or requirement altering these documents will be disregarded.

8.4 COMMBUYS Market Center

COMMBUYS is the official source of information for this procurement (known as a BID in COMMBUYS) 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 Questions and Answers (Q&A), are components of the procurement and are incorporated into the RFR and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this procurement via COMMBUYS.

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

Any amendments, addenda, or modifications to this procurement, and

Any Q&A records related to this procurement.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote in response to this RFR based on out-of-date information received from a source other than COMMBUYS.

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

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

· An online job aid on How to Create a Quote

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

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 an RFR, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (also referred to as Response) in response to this RFR (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.

Questions specific to COMMBUYS should be made to the COMMBUYS Help Desk at osdhelpdesk@mass.gov or by calling the Help Desk during normal business hours (8 am-5 pm ET Monday-Friday) at 1-888-627-8283 or 617-720-3197.

8.5 Bidder Communications Bidders are prohibited from communicating directly with any employee of EOHHS or EOHHS agency 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 that this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

RFR Contact:

Amy Butcher, Procurement Coordinator

Executive Office of Health & Human Services

One Ashburton Place, 11th floor

Boston, MA 02108

Email: Amy.Butcher@mass.gov 8.6 Amendment to or Withdrawal of RFR EOHHS reserves the right to amend the RFR at any time prior to execution of a Contract and to terminate this procurement in whole or in part at any time before execution of a Contract. If EOHHS decides to amend or clarify any part of this RFR, any written amendment will be posted on COMMBUYS.

8.7 Acceptance of Response Content The entire contents of the Quote shall be binding on the Bidder. The specifications and contents of a successful Bidder’s response may be incorporated into the Contract.

Neither EOHHS nor the Commonwealth is obligated to procure or contract for services or supplies. EOHHS reserves the right to accept or reject any or all Bids received as a result of this RFR. Neither EOHHS nor the Commonwealth is under any obligation to return any materials submitted by a Bidder in response to this RFR.

8.8 Incorporation of RFR

This RFR and all Quote documents submitted in Quote to it by a successful Bidder will be incorporated by reference into any Contract and any Statement of Work under the Contract that may be awarded to that Bidder as a result of this RFR.

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

8.10 Authorizations and Appropriations

Any Contract or Statement of Work resulting from this RFR is subject to all necessary federal and state approvals, as applicable, and is subject to appropriation or receipt of sufficient funding, as determined by EOHHS.

8.11 Program Modifications and New Initiatives

EOHHS shall have the option at its sole discretion and at any time after release of the RFR and during the Contract term, to modify, increase, reduce or terminate any activity related to this Contract, including all appendices and exhibits, whenever EOHHS deems necessary or reasonable to reflect any change in policy or program goals. In the event that the scope of work or portion thereof must be changed, EOHHS will provide written notice to the Contractor. EOHHS reserves the right to amend the Contract accordingly, including payments thereunder. Such new initiatives could result in expanded responsibilities. These new initiatives could include:

· New EOHHS programs;

· Expansion, reduction, or changes to existing EOHHS programs;

· Other programs as specified by EOHHS; and

· Program changes resulting from state or federal legislation, regulatory initiatives, or judicial decisions.

The parties must negotiate in good faith to implement any such initiatives proposed by EOHHS. The Contractor’s responsibilities, including staffing, space, and all other budgetary requirements, are subject to change due to implementation of such initiatives. EOHHS reserves the right to modify the budget and reimbursement due to implementation of such initiatives. In addition, the Contractor may request an opportunity to enter into negotiations with EOHHS over amendments to the Contract related to new initiatives or modified initiatives as described in this section. EOHHS may grant such a request in its sole discretion.

8.12 Non-Collusion By submitting a Quote to this RFR, the Bidder certifies its Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the services described in the RFR.

8.13 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.

8.14 Costs Costs which are not specifically identified in the Bidder’s Quote and accepted by EOHHS as part of the Contract or a Statement of Work 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.

8.15 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 PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

8.16 Key Personnel If the Contractor substitutes another individual for any individual identified as key personnel, the Contractor must notify EOHHS immediately and provide the name(s) of suitable replacement(s). Upon EOHHS’s request, the Contractor shall provide EOHHS with a résumé(s) of the proposed replacement(s) and offer EOHHS an opportunity to interview the person(s). If EOHHS is not reasonably satisfied that the proposed replacement(s) has ability and experience comparable to the originally approved key personnel, EOHHS will notify the Contractor within 10 business days after receiving the résumé(s) and completing any interview(s). The Contractor must then propose another replacement for approval. This process shall be repeated until EOHHS approves new key personnel.

8.17 Electronic Funds Transfer All Bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the Bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both Vendors and the Commonwealth because it ensures fast, safe and reliable payment directly to vendors and saves both parties the cost of processing checks. Vendors are able to track and verify payments made electronically through the Comptroller’s Selected Bidder Web system.

The Selected Bidder, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Electronic Funds Transfer (EFT) Authorization Agreement, provided by EOHHS at that time, for review,…