RFP - Online Training Content~1.docx

The Commonwealth of Massachusetts Trial Court

Office of Court Management, Massachusetts Trial Court.

Two Center Plaza Suite 540 Boston, MA 02108

Request for Proposal (RFP)

Document Title: Online Training Content

Document Number: BD-23-1107-1107T-TRC01-81455

Date: November 10, 2022

Please Note: This is a single document associated with a complete Solicitation that can be found on Commbuys. All Bidders are responsible for reviewing and adhering to all information, forms, and requirements found in all tabs and related forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to www.commbuys.com, select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding Commbuys navigation may refer to the Commbuys Resource Center at www.mass.gov/osd for documents and guides. Bidders may also contact the Commbuys Helpdesk at commbuys@state.ma.us or the Commbuys Helpline at 1-888-627-8283. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight Time, as applicable, except on federal, state and Suffolk County holidays.

COMMONWEALTH OF MASSACHUSETTS

OFFICE OF COURT MANAGEMENT

REQUEST FOR PROPOSALS (RFP)

ONLINE LEARNING CONTENT

FOR THE MASSACHUSETTS TRIAL COURT

SUMMARY SHEET

Purchasing Entity:

Office of Court Management, Massachusetts Trial Court. The Judicial Institute is the department within the Office of Court Management responsible for developing and delivering continuing professional education and training both online and in person and targeted to Trial Court judges and staff. Any reference to Judicial Institute, Massachusetts Trial Court, Trial Court, Office of Court Management or OCM is a reference to the “Purchasing Entity.”

Department Address:

Judicial Institute Two Center Plaza Suite 600 Boston, MA 02108

Telephone:

(617) 788-6775

RFP File Name/Title:

Online Learning Content for the Massachusetts Trial Court

RFP Manager:

Donna M. Grieco, Senior Program Manager, Judicial Institute

RFP Summary:

The Judicial Institute (“JI”) through the Office of Court Management (OCM) of the Massachusetts Trial Court, is seeking qualified bidders to provide a comprehensive collection of online employee training/professional development courses that is compatible with the Trial Court's eLearning Center (a Cornerstone OnDemand Learning Management System) and targeted to Trial Court judges and staff.

The online courses must reflect the Trial Court’s commitment to diversity, equity, and inclusion and demonstrate a recognition, understanding, and appreciation of differences in culture, identity, and experience. Content must be bias-free and utilize diverse presenters/faculty.

The collection of online courses must be interactive, user-friendly, multi-lingual (providing language access to a variety of non-English language speakers), state-of-the-art (current/most recent and relevant), multi-level (ex: beginner, intermediate, advanced), Americans with Disabilities Act (ADA) conscious, robust and provide a rich learning experience, in plain language and appropriate for all employees, and written by subject matter experts or certified curriculum developers in the following areas: Software, including MS Office 365 (with Outlook, Teams, OneDrive, and Windows 10 or greater); leadership, supervisory and management; career development; cybersecurity; diversity, equity and inclusion; and various soft skills (ex: communication, teamwork, conflict resolution and conflict de-escalation, etc.).

Official Publication Solicitation and Related Documents:

COMMBUYS (https://www.commbuys.com/bso) 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 website. Hardcopy communications from the Office of Court Management, Massachusetts Trial Court to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the Office of Court Management, Massachusetts Trial Court.

***BID SUBMISSION DEADLINE***

Monday, December 12, 2022, 3:00 P.M. (EST)

RFP TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

SECTION 1.0 GENERAL SUMMARY 6

SECTION 2.0 ACQUISITION/PURCHASE METHOD 8

SECTION 3.0 SINGLE/MULTIPLE CONTRACTORS 8

SECTION 5.0 ANTICIPATED DURATION OF THE CONTRACT 8

SECTION 6.0 ANTICIPATED COMPENSATION STRUCTURE 8

SECTION 7.0 PROPOSAL SPECIFICATIONS 9

SECTION 7.1 LEARNING MANAGEMENT SYSTEM

SECTION 7.1.1 SCOPE OF SERVICES; PROJECT PHASE 8

SECTION 7.2 PROCUREMENT PROCESS

SECTION 7.3 TECHNICAL PROPOSAL REQUIREMENTS

SECTION 7.4 PRICING PROPOSAL

SECTION 7.5 PROPOSAL EVALUATION

SECTION 8 CONTRACT OBLIGATIONS 26

SECTION 9 MISCELLANEOUS PROVISIONS 27

SECTION 10 APPENDICES 30

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS TRIAL COURT

OFFICE OF COURT MANAGEMENT

Request for Proposals (RFP)

ONLINE LEARNING CONTENT FOR THE MASSACHUSETTS TRIAL COURT

Published: November 10, 2022

Section 1.0 – General Summary

The Judicial Institute through the Office of Court Management (“OCM”) of the Massachusetts Trial Court seeks qualified bidders to provide a comprehensive collection of online employee training/professional development courses that is compatible with the Trial Court's eLearning Center (a Cornerstone OnDemand Learning Management System) and targeted to Trial Court judges and staff.

The online courses must reflect the Trial Court’s commitment to diversity, equity, and inclusion and demonstrate a recognition, understanding, and appreciation of differences in culture, identity, and experience. Content must be bias-free and utilize diverse presenters/faculty.

The collection of online courses must be interactive, user-friendly, multi-lingual (providing language access to a variety of non-English language speakers), state-of-the-art (current/most recent and relevant), multi-level (ex: beginner, intermediate, advanced), Americans with Disabilities Act conscious, robust and provide a rich learning experience, in plain language and appropriate for all employees, and written by subject matter experts or certified curriculum developers in the following areas: Software, including MS Office 365 (with Outlook, Teams, OneDrive, and Windows 10 or greater); leadership, supervisory and management; career development; cybersecurity; diversity, equity and inclusion; and various soft skills (ex: communication, teamwork, conflict resolution and conflict de-escalation, etc.).

Section 1.1 – Procuring Entity

This RFP is issued by the OCM, the central administrative office for the Massachusetts Trial Court. The Massachusetts Trial Court is one of three court systems that comprise the Judicial Branch of the Commonwealth of Massachusetts. The other two court systems are the Massachusetts Appeals Court and the Supreme Judicial Court. The JI is the Massachusetts Trial Court’s continuing education and professional development office and is responsible for training and professional development of Trial Court judges and staff.

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 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 selection and contract negotiation phases.

As noted above, the Judicial Branch of the Commonwealth of Massachusetts is comprised of three separate court systems – the Supreme Judicial Court, the Massachusetts Appeals Court and the Massachusetts Trial Court.

The Massachusetts Trial Court was consolidated into a statewide court system by Chapter 478 of the Acts of 1978. The Massachusetts Trial Court is comprised of the Office of Court Management and the Executive Office of the Trial Court; seven court departments (Boston Municipal Court, District Court, Probate and Family Court, Juvenile Court, Housing Court, Land Court and Superior Court); the Office of the Jury Commissioner; and the Massachusetts Probation Service.

The Trial Court is led by a Court Administrator (“CA”) who, in conjunction with the Chief Justice of the Trial Court (“CJTC”), shares management duties, with the CA primarily responsible for administrative functions that support the Trial Court and the CJTC primarily responsible for judicial administration. Together, the CA and CJTC manage and administer the Trial Court and have direct supervisory authority over the Massachusetts Probation Service and the Office of the Jury Commissioner. The CA is also the statutory employer of the approximately 6,400 Trial Court employees who work in over 100 locations across Massachusetts.

Section 1.2 – Purpose and Scope

The purpose of this RFP is to solicit responses from qualified bidders to provide all Trial Court personnel (both judges and non-judges) with interactive, user-friendly, multi-lingual, state-of-the-art, multi-level (ex: beginner, intermediate, advanced) online leaning courses in the following areas: Software, including MS Office 365 (with Outlook, Teams, OneDrive, and Windows 10 or greater); leadership and management; cybersecurity; diversity, equity and inclusion; and various soft skills (ex: communication, teamwork, conflict resolution and conflict de-escalation, etc.). The online courses must reflect the Trial Court’s commitment to diversity, equity, and inclusion, and demonstrate a recognition, understanding, and appreciation of differences in culture, identity, and experience; have diverse presenters/faculty; provide language access to a variety of non-English language speakers; and be compatible with the Trial Court's eLearning Center (a Cornerstone OnDemand Learning Management System).

The Trial Court has undertaken an organization-wide conversion to Windows 10, Office 365, including MS Teams and OneDrive, and MS Outlook. The sought-after online software courses will support all Trial Court judges and personnel as they learn new operating and email systems, as well as provide more in-depth training on familiar topics such as Word, Excel, and PowerPoint. Leadership Development and Management courses will help management-level employees and those who seek management positions to develop and enhance skills necessary to lead and manage people, teams and projects, and to further career development. Soft skills online courses will equip all Trial Court judges and employees with the knowledge to support the development of social-emotional capacities (traits like adaptability and resilience); and skills necessary to effectively work and interact with the public, court users, colleagues, and others. Diversity, equity and inclusion training should address equity and justice issues, and take into account social, political, and cultural issues that affect Trial Court stakeholders, including Court users, employees, judges, vendors, and others.

Section 2.0 – Acquisition/Purchase Method

The products and services to be rendered as a result of this RFP will be obtained under a service contract that provides for both specified deliverables (online learning content) and services (training services, technical support, etc.). If the Trial Court obtains the Online Learning Content under a licensing agreement, then the Trial Court will have all rights and privileges available from the vendor under the terms of this RFP and the resulting contract.

Section 3.0 – Single or Multiple Contractors

The Trial Court intends to award a contract to a single vendor who will provide the specified deliverables and services detailed in this RFP. Due to possible changes in the Trial Court’s needs, the availability of bidders and other factors, the Trial Court reserves the right to award contracts to multiple vendors under this solicitation. Such a determination will be made solely by the Trial Court. The selection of a single vendor is preferable.

Section 4.0 – Use of this Procurement by a Single Department Procurement/Multiple Department Users

This procurement is intended for the exclusive use of the Judicial Branch in obtaining Online Learning Content for the Massachusetts Trial Court. Other court systems that comprise the Massachusetts Judicial Branch, including the Supreme Judicial Court and the Massachusetts Appeals Court, must be able to use the Online Learning Content and utilize the deliverables rendered under any resulting agreement as well as the services to be provided during the term of the agreement.

Section 5.0 – Anticipated Duration of the Contract (Including Renewal Options)

The total anticipated duration of the resulting contract of this RFP is for up to nine (9) years. The resulting contract will consist of an original three (3) year term and up to two (2), three (3) year optional renewals. The optional renewal periods may be activated and exercised in the sole discretion of the Massachusetts Trial Court. The optional contract renewal periods shall be activated by written correspondence sent by the Trial Court to the contracted vendor. The written correspondence will inform the vendor that the Massachusetts Trial Court is exercising its option to renew the contract for the time frame identified in the correspondence. As part of any possible renewal, the vendor agrees to complete and execute any necessary documents required to renew the agreement. The duration of the resulting contract is subject to available funding for each year of the contract.

Section 6.0 – Anticipated Compensation Structure**

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

The Trial Court is seeking the “Best Value” response, which is timely, supports the required performance outcomes, and provides the greatest quantity of services at the highest quality.

Bidders to this solicitation will be required to provide a complete breakdown of prices and costs for the various elements of the contract (deliverables and services) as part of their proposal.

Payment under the terms of the contract will be based on a schedule of deliverables and the completion of various phases (to be determined mutually by the selected vendor and the Trial Court) and acceptance by the Trial Court of the various phases of completion as well as the entire final project. Contractors who underestimate their costs may not request additional compensation. Any component of the project not listed with its price shall be deemed to be available to the Trial Court at no charge.

Section 7.0 – Proposal Specifications

Section 7.1 –Online Content

Section 7.1.1 – Scope of Services; Project Phases a.) The Scope of Services, included as Appendix A, details the services the Online Learning Content must provide. Vendor proposals should provide a detailed plan as to how the vendor proposes to implement the Online Learning Content as detailed in the Scope of Services, including any training for System Administrators and Super Users of the LMS. Super Users are defined as a small group of Trial Court employees who are considered to be learning management systems experts.

The Massachusetts Trial Court envisions an Online Content implementation process consisting of five (5) phases:

i. Initial Review of the Current Learning Management System (Trial Court’s eLearning Center) The selected vendor will conduct an initial review of the Trial Court’s current online learning content residing on the Trial Court’s eLearning Center and analyze the online learning content and the Trial Court’s eLearning Center to determine how to import new online learning content into the Trial Court’s eLearning Center/LMS.

ii. Testing The selected vendor will perform all necessary and appropriate tests to ensure the online learning content functions correctly within the Trial Court’s eLearning Center.

iii. Implementation The selected vendor will install/upload the online learning content to the Trial Court’s eLearning Management Center in such a manner that the online learning content is compatible with the Trial Court’s eLearning Center requirements.

iv. Training for System Administrators and Super-Users The selected vendor will conduct in-person and/or virtual training sessions for up to ten (10) System Administrators and Super-Users who will be working with the online content. The selected vendor must provide easy-to-understand written and online materials for system administrators.

v. Ongoing support and maintenance The selected vendor will provide initial and ongoing support to all System Administrators and Super-Users including training on new rollouts and products, as well as technical assistance and troubleshooting, and necessary maintenance/updating of online content.

b.) Vendor Responses to this RFP must detail how the vendor plans to complete each individual phase described above. Vendors may also suggest additional phases, sub-phases, or other procedural steps not otherwise identified in this RFP that the Vendor believes are critical to a successful transition and implementation of new online content.

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

November 10, 2022, RFP Issued

November 21, 2022, Deadline for Submission of Vendor Inquiries

December 5, 2022, Trial Court Response Date to Vendor Inquiries (Estimated Date)

December 12, 2022, Vendor Proposal Due Date Bid Submission Deadline is 3:00 p.m. (EST)

December 27, 2022, Vendor Presentations Begin (conducted at the Trial Court’s discretion) (Estimated Date)

January 13, 2023, Vendor Selection Date (Estimated Date)

February 17, 2023, Contract To Be Executed (Estimated Date)

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

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

Section 7.2.2 – Correspondence

All correspondence, including Vendor Inquiries and Vendor Proposals related to this RFP should 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 this 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 the Trial Court (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 to the Judicial Institute or any office of the Trial Court will be accepted.

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

c.) Vendor 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, any contact with personnel employed by or contracted to the Trial Court, other than as permitted in this RFP, including contact made pursuant to any pre-existing obligation, which results in discussing, commenting or seeking information about this RFP, 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 disqualification.

b.) During the aforementioned time, no vendor shall approach any Trial Court or Judicial Branch personnel or contractor concerning this bidding and contracting process or their proposal.

c.) Violation of these conditions will be considered as sufficient cause by the Evaluation Committee, acting on behalf of the Trial Court, to reject a vendor’s proposal and/or selection irrespective of any other consideration.

d.) In addition, vendors are advised that only Donna M Grieco, Senior Program Manager, Judicial Institute, or her designee, is authorized to respond to inquiries, clarify issues, and amend or render any opinion regarding this RFP as allowed in Section 7.2.3. All inquiries and all responses must be handled through the CommBuys system.

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

f.) Should the need arise, the Trial Court may contact vendors for clarifications pertaining to that vendor’s proposal at any time during the solicitation process.

Section 7.2.5 – COMMBUYS

COMMBUYS (https://www.commbuys.com/bso) 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 website. Hardcopy communications from the Trial Court to any vendor are provided as a courtesy. Vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the Trial Court.

The Trial Court is not responsible for any communications sent via first-class mail that the intended vendor does not receive. For this reason, vendors should access the COMMBUYS website frequently for official communications related to this solicitation from the Trial Court. Access to the COMMBUYS website is free and vendors need to enroll and register per the instructions on the website: https://www.commbuys.com/bso.

Section 7.2.6 – Mandatory RFP Documents a.) Vendors must submit fully executed originals of the following documents and forms with its Technical Proposal to this RFP:

i.) Please Note: The Office of the Comptroller revised the Commonwealth Terms & Conditions Form for Information Technology Contracts. The Vendor is no longer required to execute the Commonwealth Terms and Conditions Form for Information Technology Contracts. The Commonwealth Terms and Conditions Form for Information Technology Contracts is now incorporated by reference into the Standard Contract Form.

iv.) No Contact Policy Acknowledgement; and v.) Prompt Payment Discount.

b) All of the forms detailed above are attached to this RFP in Appendix C – Mandatory RFP Documents.

c.) Vendors must also submit a Pricing Schedule with their Pricing Proposal (to be explained further in Section 7.4). Information regarding the Pricing Schedule is in Appendix D of this RFP.

Section 7.2.7 – Sample Mandatory Contract Documents a.) In addition to the Mandatory RFP Documents detailed in Section 7.2.6 above, the selected vendor will also 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 – Sample Mandatory Contract Documents*):

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

The Commonwealth Terms & Conditions Form for Information Technology Contracts. The Vendor is no longer required to execute the Commonwealth Terms and Conditions Form for Information Technology Contracts. The Commonwealth Terms and Conditions Form for Information Technology Contracts is now incorporated by reference into the Standard Contract Form.

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

*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 7.2.8 – 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 are located in Appendix F.

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

Section 7.2.10 – Pricing Proposal Submission a.) The Pricing Proposal must be submitted electronically through COMMBUYS (See Appendix F).

Section 7.2.11 – Proposal Due Date a.) Both the Technical Proposal and the Pricing Proposal must be received by the Trial Court 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 as specified in Section 7.2.1.

Section 7.2.12 – Clarification and Correction of Proposal a.) The Evaluation Committee may request additional information from vendors needed to clarify the vendor’s proposal or to facilitate the fair comparison of competing vendor proposals. These requests may be in the form of written 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) for either the Technical or Pricing proposals.

Section 7.2.13 – Mandatory Response 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 a.) Responses to this RFP must be prepared and submitted in accordance with the requirements outlined in this RFP.

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

Section 7.3.2 – Technical Proposal Specifications a.) Responsive to Scope of Services Vendor proposals must address each specification, task or component included as part of this RFP. (See Appendix A - Scope of Services).

b.) Vendor Alternatives A vendor may determine that it cannot respond to a technical or business specification as enunciated in the RFP but may believe it can offer equivalent or superior performance by some other means. In such cases, the vendor should explicitly state that it cannot meet the specification as presented, propose an alternative and provide a thorough description of how the proposed alternative would provide the 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 specification for which the vendor is identifying an alternative.

c.) All exceptions to any mandatory terms or response specifications contained in this RFP must be clearly stated in the vendor’s proposal. If a vendor’s proposal departs from the technical, performance or service specifications of this RFP, explicit reference must be made to the mandatory requirement and the vendor must detail its recommendation and justifications for each departure from the term or specification. In the absence of such exceptions, the vendor’s proposal will be presumed to have met the specifications as described and the capability of the vendor to meet the defined requirement without modification will be presumed.

d.) Each proposal must include:

a. A description of any hardware/software required to support the proposed solution, including minimum and recommended hardware/software specifications.

b. A description of all network and network security requirements necessary to support the proposed solution.

c. A description of all disaster recovery and resiliency mechanisms related to the vendor’s system.

d. A description of relevant patch and upgrade support services and service levels to ensure that a high-quality release management strategy can be executed during and after contract execution. Also describe the current patch management process including the cadence (e.g., patch cycle), types of patches generally applied, approach to systems, and testing.

e. A description of the approach to service level management and provide a response to the Service Level Requirements identified by the Trial Courts in Appendix H – Service Level Requirements including proposed measurements; proposed service levels; strategy for documenting service levels and performance against such service levels; and format and frequency of reporting. Specify the mechanisms, tools and techniques Bidder intends to put in place to meet, measure, report and improve upon these service levels.

f. A description of all mechanisms available for sharing data between the LMS system and vendor’s systems.

Section 7.3.3 – No Pricing Information in the Technical Proposal

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, a separate document.

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 Section 1: Technical Proposal Transmittal Letter Technical Section 2: Executive Summary Technical Section 3: Mandatory Forms (See Appendix C) Technical Section 4: Vendor Qualifications and References Technical Section 5: Staff Qualifications Technical Section 6: Vendor Tasks (Appendix A – Scope of Services) Technical Section 7: Descriptions and diagrams as required by Section 7.3.2(d)

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

(1) Technical Proposal Transmittal Letter (7.3.6)

(2) Executive Summary (7.3.7)

(3) Mandatory Documents (included in RFP Appendix C) (7.3.8) a.) Standard Contract Form;

b.) Supplier Diversity Form;

c.) Vendor Acceptance Form;

d.) No Contact Policy Acknowledgement; and e.) Prompt Pay Discount Form.

(4) Vendor Qualifications and References (7.3.9)

(5) Staff Qualifications (7.3.10)

(6) Vendor Tasks (7.3.11)

(7) Descriptions and Diagrams (7.3.2(d))

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 RFP’s requirements. The Technical Proposal Transmittal Letter must:

i.) Be signed by an employee who is authorized to legally bind the vendor 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 the terms and conditions in this RFP.

iv.) Clearly state that the vendor’s proposal is valid for ninety (90) days after the submission of the proposal or, upon mutual agreement, for a longer, specified, period.

iii.) Include a complete disclosure of any criminal litigation or regulatory action in which the vendor has been judged guilty by a court of law or been found responsible or liable by an 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 must include a statement to that effect.

Section 7.3.7 – Executive Summary

The vendor shall submit an Executive Summary that outlines its Technical Proposal. The Executive Summary shall, at a minimum, include the proposed products, and a summary of the proposed services of the submitting vendor as well as any subcontractors. This section should highlight aspects of the vendor’s proposal, which make it superior or unique in addressing the Trial Court’s needs. 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

The vendor shall attach to its Technical Proposal all mandatory forms and disclosures required by this RFP. Mandatory forms are included in Appendix C.

Section 7.3.9 – Vendor Qualifications and References a.) The Trial Court is seeking a vendor with proven experience and demonstrated success in providing a comprehensive collection of online employee training/professional development courses that is compatible with the Trial Court's eLearning Center (a Cornerstone OnDemand LMS) and targeted to Trial Court judges and staff. The responding vendor shall provide a concise description of the responding company, including:

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 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 State and pay the appropriate annual fees. Those vendors in compliance with the Secretary of State’s requirements are in ‘good standing’ and may obtain a certificate stating as such. If vendors are not able to obtain a certificate or document of good standing, vendors should provide a letter or statement indicating whether 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 is expected to provide at least three (3) client references that demonstrate experience in delivering the products and services described in this RFP. If possible, client references should be from companies of similar size and scope of the Trial Court. Each customer reference should include the following information:

i.) Name and address of the customer;

ii.) Contact information for customer’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 terminations.

d.) The vendor must notify the OCM of, and provide information on, any contracts or other agreements for learning management system products between the vendor and a 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/ineffective 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 pre-mature termination date and the reason for the pre-mature termination. The Trial Court reserves the right to ask for further materials and information on any responses provided to this section. In the event the vendor and client executed a confidentiality agreement relating to the pre-mature or early termination of a lease, contract or other agreement, the vendor 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.

e.) The vendor must identify and provide information on any contracts, leases or other agreements that the vendor has entered into with any agency, department, or governmental branch of the Commonwealth of Massachusetts in the past five (5) years. The information provided must indicate the name of the state agency, department, or branch that the vendor contracted with, the dates/time frame of the contract or lease and the nature of the products and/or services provided.

Section 7.3.10 – Staff Qualifications a.) Vendor should also identify what staff, employees, or subcontractors it anticipates utilizing for the services to be rendered to the Trial Court for this project. Anticipated staff, employees or subcontractors should be identified by their job title, department, years of experience, relevant education history and a description of the services they are anticipated to provide.

Section 7.3.11 – Vendor Tasks (Scope of Services) a.) Vendor proposals should provide a detailed list identifying the online learning content that would be made available to the Trial Court and a plan as to how the vendor will upload the online learning content onto the Trial Court’s eLearning Center as detailed in the Scope of Services. Vendors should also identify any elements or aspects that they deem necessary and important to the process that are not identified by the Trial Court in its Scope of Services.

Section 7.3.12 – Descriptions and Diagrams a.) Vendor proposal should include all descriptions and diagrams required in Section 7.3.2(d).

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 shall include the following items in its Pricing Proposal, the requirements for which are described in the following sections:

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 to all representations and commitments made in the vendor’s response.

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 must complete a Pricing Schedule as part of the Pricing Proposal. The information for the Pricing Schedule is provided in Appendix D of this RFP.

b.) The vendor is to propose a price for all project activities, including materials, consultants and any other services being proposed. Pricing Schedule(s) shall be submitted as part of the vendor’s Pricing Proposal.

c.) The Trial Court prefers a fixed price for each element of the products and services to be rendered under this project as noted in Section 6.0.

Section 7.4.4 – General Cost Considerations a.) The vendor must offer a price and cost breakdown for all products and services necessary for the Online Leaning Content for the Trial Court. Payments will be issued in accordance with a payment schedule for each completed deliverable. A deliverable will be considered “completed” when all of the specified acceptance criteria have been met and the deliverable is accepted by the Trial Court.

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 for the vendor to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFP. Proposals must contain information specifically requested by this RFP. Failure of a vendor to submit information requested may result in the elimination of the proposal from further evaluation. Proposals submitted in response to this RFP will be the primary source of information used in the evaluation process.

Section 7.5.2 – Evaluation Committee

An Evaluation Committee will be established by the Trial Court prior to the date designated in the Timetable for the return of vendor proposals. The Evaluation Committee will be involved in each phase of evaluation as detailed in this RFP. The Evaluation Committee will be restricted from contact with any vendor outside of the parameters defined in the No Contact Policy (Appendix C), from the release date of the RFP through the evaluation process. The Evaluation Committee will present its findings to the appropriate department or office within the Massachusetts Trial Court.

Section 7.5.3 – Overall Proposal Review a.) The Evaluation Committee will favorably weigh vendor 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 or design requirements 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 “acknowledged” do not provide an adequate answer. If the Evaluation Committee accepts such an answer to a requirement, the vendor agrees by such answer to accept, without qualification, the Evaluation Committee’s interpretation of the requirement as defined by the Trial Court.

c.) All requirements and functionality defined in this RFP by the terminology “shall”, “must”, “is/are required” or “will” are deemed mandatory upon the responding vendor. Questions regarding clarification of the status of any requirement as mandatory for the response may be provided during the Vendor Inquiries phase.

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

Section 7.5.4 – Rejection of Proposals

The Evaluation Committee may, at any time during the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Committee, either the vendor or the vendor’s proposal failed to adhere to the provisions of the RFP, or to the response format and specifications outlined therein, or if the vendor engages in illegal or unethical conduct or in some other 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. It encompasses the following phases:

1. Receipt of Final Proposals

2. Mandatory RFP Documentation Compliance Review

3. Technical Proposal Evaluation

4. References and Vendor Experience Evaluation

5. Vendor Presentation Evaluation (at the Trial Court’s discretion)

6. Pricing Proposal Review

7. Best and Final Offers (if necessary)

Section 7.5.6 – Evaluation Phases

A description of each phase in the evaluation process is provided below. Please note that at any time during the selection process, the Massachusetts Trial Court may request any responding vendor to provide explicit written clarification of any part of its proposal.

Section 7.5.7 – Receipt of Proposals

All vendor proposals must be received by the Trial Court as of the date and time required in Section 7.2.1 of this RFP. Any proposals received after the deadline will not be opened or evaluated. All proposals that meet the submission deadline will be recorded and reviewed for mandatory RFP documentation compliance.

Section 7.5.8 – Review of Mandatory RFP Documents a.) Each Technical Proposal will be reviewed for compliance with the Mandatory RFP Documents detailed in Appendix B. The Evaluation Committee may reject any proposal that does not include all mandatory documents. Proposals that pass the Mandatory RFP Documentation Compliance Review will have their Pricing Proposals held for later evaluation and will advance to the next stage of evaluation.

b.) Upon completion of the review of conformity with Mandatory RFP Documents, a “Mandatory Documents Conformance Report” will be filed with the appropriate Trial Court Department which identifies the vendor proposals that have submitted the proper mandatory RFP documents and that will proceed to the next phase of the evaluation process.

Section 7.5.9 – Technical Proposal Evaluation a.) The evaluator(s) will review each response separately and score it according to its merits.

b.) After evaluating all written responses, the Evaluation Committee will file a “Technical Proposal Evaluation Report” with the appropriate Trial Court Department documenting the Committee’s assessment of the Vendors’ Technical Proposals.

Section 7.5.10 – References and Vendor Experience Evaluation a.) The Evaluation Committee will conduct a review of References and Vendor Experience and will score each vendor using the criteria outlined in this section and the related Attachments and Appendices of this RFP.

b.) After evaluating the References and Vendor Experience for each vendor participating in this phase of the process, the Committee will submit the results from the References and Vendor Experience evaluation in a “References and Vendor Experience…