RFP Revised Economic Consultant CSG.doc

Commonwealth of Massachusetts eXECUTIVE OFFICE OF the TRIAL COURT

REQUEST FOR PROPOSALS (RFP)

ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW

Revised April 1, 2016

SUMMARY SHEET

Purchasing Entity:

Executive Office of the Trial Court Address:

Two Center Plaza

Suite 540

Boston, MA 02108

RFP File Name/Title:

Economic Analysis Services for Child Support Guidelines Review RFP Manager:

Denise Fitzgerald, Esq.

RFP Summary:

The Executive Office of the Trial Court (“EOTC”) seeks an economic consulting services organization or consultant to assist the EOTC with its federally required review of the Massachusetts Child Support Guidelines (“Child Support Guidelines”). The selected vendor must be knowledgeable in population and family economics, data analysis, and policy formulation. The Child Support Guidelines are used by the justices of the Trial Court in setting temporary, permanent or final orders of child support, in deciding whether to approve agreements for child support, and in deciding cases that are before the court to modify existing child support orders.

Official Publication Solicitation and Related Documents:

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

***BID SUBMISSION DEADLINE***

APRIL 15, 2016 @ 3:00 pm (EST) April 22, 2016 @ 3:00 pm (EST)

RFP TABLE OF CONTENTS

SECTION

DESCRIPTION

PAGE

SECTION 1.0

GENERAL SUMMARY

SECTION 1.1

procuring entity

SECTION 1.2

project background

SECTION 2.0

ACQUISITION METHOD

SECTION 3.0

SINGLE OR MULTIPLE CONTRACTORS

SECTION 4.0

SINGLE DEPARTMENT PROCUREMENT

SECTION 5.0

ANTICIPATED CONTRACT DURATION

SECTION 6.0

ANTICIPATED COMPENSATION STRUCTURE

SECTION 7.0

PROCUREMENT PROCESS

SECTION 7.0.1

procurement timetable

SECTION 7.0.2

correspondence

SECTION 7.0.3

vendor questions

SECTION 7.0.4

restrictions on contact with court personnel

SECTION 7.0.5

commbuys

SECTION 7.0.6

mandatory rfp documents

SECTION 7.0.7

SAMPLE MANDATORY CONTRACT DOCUMENTS

SECTION 7.0.8

submission of proposals

SECTION 7.0.9

technical proposal submission

SECTION 7.0.10

pricing proposal submission

SECTION 7.0.11

proposal due date

SECTION 7.0.12

clarification and correction of proposal

SECTION 7.0.13

mandatory response requirements v. bolded or underlined text

SECTION 7.1

TECHNICAL PROPOSAL REQUIREMENTS

SECTION 7.1.1

general information

SECTION 7.1.2

no pricing information in the technical proposal

SECTION 7.1.3

technical proposal specifications

SECTION 7.1.4

technical proposal format outline

SECTION 7.1.5

technical proposal format

SECTION 7.1.6

technical proposal transmittal letter

SECTION 7.1.7

executive summary

SECTION 7.1.8

mandatory forms and disclosures

SECTION 7.1.9

vendor qualifications

SECTION 7.1.10

staff qualifications

SECTION 7.1.11

CLIENT REFERENCES

SECTION 7.1.12

response to vendor tasks

SECTION

DESCRIPTION

SECTION 7.2

PRICING PROPOSAL

SECTION 7.2.1

pricing proposal requirements

SECTION 7.2.2

pricing proposal transmittal letter

SECTION 7.2.3

PRICING SCHEDULE(S)

SECTION 7.2.4

GENERAL COST CONSIDERATIONS

SECTION 7.3

PROPOSAL EVAULATION

SECTION 7.3.1

introduction

SECTION 7.3.2

evaluation committee

SECTION 7.3.3

overall proposal review

SECTION 7.3.4

rejection of proposals

Section 7.3.5 evaluation process

SECTION 7.3.6

vendor presentations

SECTION 7.3.7

clarification of proposal information

SECTION 7.3.8

review of pricing proposals

SECTION 7.3.9

BEST AND FINAL OFFERS (bafo) OPTION

SECTION 7.3.10

vendor selection and contract negotiations

SECTION 7.3.11

estimated evaluation weighting

SECTION 8

CONTRACT OBLIGATIONS

SECTION 8.1

contract documents

SECTION 8.2

amendment to the contract

SECTION 8.3

prime contractor responsibility

SECTION 9

MISCELLANEOUS PROVISIONS

SECTION 9.1

availability of funding

SECTION 9.2

appropriation of payments

SECTION 9.3

review of selected bid

SECTION 9.4

request for eotc evaluation input

SECTION 9.5

accuracy of rfp and related documents

SECTION 9.6

addenda and modifications to rfp

SECTION 9.7

costs of vendor proposals to rfp

SECTION 9.8

firm and irreversible proposal terms

SECTION 9.9

ownership, use and availability of submitted proposals

SECTION 9.10

Amendment and/or cancellation of procurement

SECTION 10

APPENDICES

Appendix A:

Scope of Services

Appendix B:

mandatory rfp forms

Appendix C:

sample mandatory contract Forms

Appendix D:

Instructions for submitting bid to commbuys Commonwealth of Massachusetts

EXECUTIVE OFFICE OF THE TRIAL COURT

Request for Proposals (RFP)

ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW

Published: March 21, 2016 Section 1.0 – General Summary

In issuing this Request for Proposals (“RFP”), the Executive Office of the Trial Court (“EOTC”) seeks proposals from qualified vendors who are knowledgeable in population and family economics, data analysis and policy formulation to assist the EOTC in its review of the Massachusetts Child Support Guidelines (“Child Support Guidelines”).

Section 1.1 – Procuring Entity

This RFP is issued by the EOTC, which is responsible for the overall management of the Trial Court Department of the Judicial Branch of the Commonwealth of Massachusetts.

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 C.M.R. § 21.00 et seq., which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor selection and contract negotiation phases of this procurement process.

Section 1.2 – Project Background The Child Support Guidelines are used by the justices of the Trial Court in setting temporary, permanent or final orders of child support, in deciding whether to approve agreements for child support, and in deciding cases that are before the court to modify existing child support orders.

Federal law requires that the EOTC review the Child Support Guidelines at least once every four years to ensure that the application of the Child Support Guidelines “results in the determination of appropriate child support award amounts.” 42 U.S.C. § 667(a); 42 C.F.R. § 302.56(e). When reviewing the Child Support Guidelines, the EOTC must:

consider economic data on the cost of raising children and analyze case data, gathered through sampling or other methods, on the application of, and deviations from, the guidelines. The analysis of the data must be used in the State’s review of the guidelines to ensure that deviations from the guidelines are limited.

45 C.F.R. § 302.56(h).

The selected vendor will gather information and analyze the cost of living data for Massachusetts, with an emphasis on data concerning the cost of raising a child or children in Massachusetts. The selected vendor will analyze what impact, if any, the current cost of living data has on the current Child Support Guidelines that became effective on August 1, 2013. The selected vendor will compare any differences between the cost of living data for 2012-2013 and the present data. The economic models examined during the 2012-2013 review of the Child Support Guidelines include, but are not limited to, the United States Department of Agriculture’s annual estimate of expenditures on children nationally, the United States Department of Agriculture’s estimate of expenditures on children in the Northeast, and the Betson-Rothbarth estimation of the marginal cost of children. The review conducted in 2012-2013 also compared the Child Support Guidelines to the guidelines amounts in five neighboring jurisdictions (Connecticut, New Hampshire, New York, Rhode Island and Vermont). The full details of the economic models reviewed during the 2012-2013 review may be found in the Massachusetts Child Support Guidelines Quadrennial Review: Final Report of the 2012 Task Force, which can be obtained at http://trialcourtweb/childsupport/2012-task-force-report.pdf.

Similar to previous Task Forces that have reviewed the Child Support Guidelines, the 2012-2013 Task Force concluded that establishing child support guidelines ultimately requires consideration of economic principles, as well as public policy issues. As a result, the Child Support Guidelines reflect broad principles and implications of the economic research but not specific numeric results.

After the selected vendor completes his or her analysis, the selected vendor will submit to the Trial Court a draft report summarizing, analyzing and discussing the trends the current data shows regarding the cost of raising children in Massachusetts and whether this data affects the current Child Support Guidelines. Initially, the selected vendor will present an interim report in a draft form for review and comment by the 2016-2017 Child Support Guidelines Task Force and the EOTC. Following the review and comment period, if appropriate, the selected vendor will revise the draft report and submit a final report. As part of the review process, the selected vendor will present findings to Paula M. Carey, Chief Justice of the Trial Court. The selected vendor’s report and findings will be one part of the overall analysis of the guidelines.

Section 2.0 – Acquisition 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 (e.g., interim draft report and final report) and services (e.g., economic research and data analysis) to be provided during the term of the contract. The EOTC will have full ownership rights to the deliverables provided under this contract, including full copyright ownership.

Section 3.0 – Single or Multiple Contractors

The EOTC 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 EOTC’s needs, the availability of bidders and other factors, the EOTC reserves the right to award contracts to multiple vendors under this solicitation.

Section 4.0 – Single Department Procurement

This procurement is intended for the exclusive use of the EOTC.

Section 5.0 – Anticipated Contract Duration

The total anticipated duration of this contract is 1 (one) year.

Section 6.0 – Anticipated Compensation Structure a.) The anticipated compensation for the resulting contract will be project-based, and shall consist of either a flat fee or an all-inclusive amount (all related costs, overhead, administrative costs, time, materials, etc., projected and calculated in an itemized pricing proposal). Bidders to this solicitation will be required to provide a complete breakdown of prices and costs for the various elements of the contract for services as part of their proposal. Although the EOTC has not provided a budget range for this project, funding is limited and the EOTC expects vendors to submit competitive and reasonable pricing proposals.

b.) Payment under the terms of the contract will be based on a schedule of deliverables and the completion of various phases of the negotiated statement of work and acceptance by the EOTC 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 EOTC at no charge.

Section 7.0 – Procurement Process Section 7.0.1 – 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

Monday, March 21, 2016

Request for Proposals Issued Monday, March 28, 2016

Deadline for Submission of Written Vendor Questions Friday, April 1, 2016

EOTC Response Date to Vendor Questions (Estimated

Date) Friday, April 15, 2016

Proposal Due Date-Bid Submission Deadline is 3:00 p.m. (EST) Monday, April 25, 2016

Vendor Presentations (Estimated Date) (EOTC discretion) Friday, April 29, 2016

Vendor Selection Date (Estimated Date) Section 7.0.2 – 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 7.0.5).

Section 7.0.3 – 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 7.0.1). Vendors are advised that the EOTC: (1) restricts submission of questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. No telephone or in-person inquiries will be accepted.

b.)

The EOTC will review and consolidate vendor questions received by the deadline for submission, and will provide answers for those questions deemed appropriate. Submission of a question does not guarantee a response to that question. The EOTC reserves the right to provide consolidated responses to similar questions. Only properly submitted inquiries (submitted by the deadline on COMMBUYS) will be addressed. The Answers to Vendor 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 7.0.4 – 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 regarding this RFP (other than as permitted in this RFP) with personnel employed by or contracted to the Trial Court is prohibited. During this time period, no vendor shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal.

b.)

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

c.)

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

d.)

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

e.)

Should the need arise; the EOTC may contact vendors for clarifications pertaining to that particular vendor’s proposal at any time during the solicitation process.

Section 7.0.5 – COMMBUYS a.)

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

b.)

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

Section 7.0.6 – Mandatory RFP Documents a.) The vendor must submit fully executed originals of the following documents and forms with its Technical Proposal for its proposal to be considered in compliance with this RFP:

i.) Commonwealth Terms and Conditions (“T&C”) Form;

ii.)

Vendor Acceptance Form; and iii.) No Contact Policy Acknowledgement.

b.)

All of the forms detailed above are attached to this RFP in Appendix B – Mandatory RFP Forms. The Commonwealth Terms and Conditions Form is also available through the Commonwealth of Massachusetts Executive Branch’s Operational Services Division (OSD) website (www.mass.gov/osd) at the OSD Forms tab.

c.)

Though all proposals and Mandatory RFP Documents are being submitted electronically via COMMBUYS, the EOTC may request a wet-ink signature, hard copy original of the T&C form at the contracting phase with the selected vendor.

Section 7.0.7 – Sample Mandatory Contract Documents a.)

The selected vendor will be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP in Appendix C – Sample Mandatory Contract Forms):

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

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

iii.)

Verification of Taxation Reporting Information (W-9) – Massachusetts

Substitute W-9 Form (“W-9”); and iv.) Contractor Authorized Signatory Listing (“CASL”) Form.

b.)

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

Section 7.0.8 – 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 submitted electronically through COMMBUYS. Detailed instructions on how to submit a bid on COMMBUYS is located in Appendix D.

Section 7.0.9 – Technical Proposal Submission

The Technical Proposal must be submitted electronically through COMMBUYS (See Appendix D).

Section 7.0.10 – Pricing Proposal Submission The Pricing Proposal must be submitted electronically through COMMBUYS (See Appendix D).

Section 7.0.11 – Proposal Due Date a.)

Both the Technical Proposal and the Pricing Proposal must be received by the

EOTC no later than the date and time indicated in Section 7.0.1.

b.) It is the vendor’s responsibility to ensure that its proposal is received before the submission deadline and time specified in Section 7.0.1.

Section 7.0.12 – Clarification and Correction of Proposal 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 questions seeking to clarify a technical or pricing proposal item.

Section 7.0.13 – Mandatory Response Requirements v. Bolded or Underlined Text Bold face text or underlined 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 7.1 – Technical Proposal Requirements

Section 7.1.1 – General Information a.)

Responses to this RFP must be prepared and submitted in accordance with requirements outlined in this RFP.

b.)

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

Section 7.1.2 – 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.

Section 7.1.3 – Technical Proposal Specifications

Vendor proposals must be responsive to the Scope of Services and address each specification, task or component included herein. See Appendix A for the Scope of Services.

Section 7.1.4 – Technical Proposal Format Outline Each Technical Proposal submitted in response to this RFP shall include the following sections, the requirements for which are provided in the following section:

Technical Proposal Outline Technical Section 1: Technical Proposal Transmittal Letter

Technical Section 2: Executive Summary Technical Section 3: Mandatory Forms (See Appendix B) Technical Section 4: Vendor Qualification Technical Section 5: Staff Qualifications

Technical Section 6: Client References

Section 7.1.5 – Technical Proposal Format The Technical Proposal shall detail the vendor’s approach to each of the vendor tasks detailed in Appendix A. 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.

i.)

Technical Proposal Transmittal Letter (7.1.6) ii.)

Executive Summary (7.1.7)

Mandatory Forms and Disclosures (included in RFP Appendix B)

(7.1.8) a.)

Commonwealth Terms and Conditions;

Vendor Acceptance Form; and

No Contact Policy Acknowledgement iv.)

Vendor Qualifications (7.1.9) v.)

Staff Qualifications (7.1.10) vi.)

Client References (7.1.11) vii.)

Response to Vendor Tasks (7.1.12) Section 7.1.6 – Technical Proposal Transmittal Letter

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

i.)

Be signed by an employee who is authorized to legally bind the vendor 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 specified, longer period of time.

v.) 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 7.1.7 – Executive Summary a.)

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

b.)

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

c.)

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

Section 7.1.8 – 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 B.

Section 7.1.9 – Vendor Qualifications

The Vendor Qualifications portion of the proposal must contain the following information:

i.) the vendor’s legal name;

ii.) the vendor’s state of incorporation;

iii.) nature of legal entity of the vendor (e.g., Incorporated, D/B/A, L.L.C., etc.);

iv.) brief background of the vendor; and v.) the vendor’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 the Commonwealth and pay the appropriate annual fees. Those vendors in compliance with the Secretary of Commonwealth’s requirements are considered to be in ‘good standing’ and may obtain a certificate stating that they are. If a vendor is not able to obtain a certificate or document of good standing, the vendor should provide a letter or statement indicating whether or not it is in good standing with whatever regulatory, governmental or administrative entity with which it is registered (and should identify that regulatory, governmental or administrative entity).

The vendor must notify the EOTC of, and provide information on, any contracts or other agreements for economic consulting services 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/effective deliverables, system deficiencies or client dissatisfaction. The information provided must indicate the name of the client, the product and/or services rendered the timeframe in which the contract or lease was in existence including start date and scheduled term, the premature termination date and the reason for the premature termination. The EOTC 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 premature 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.

d.)

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

Section 7.1.10 – Staff Qualifications a.)

The vendor must identify what staff, employees or subcontractors it anticipates utilizing for the economic services to be rendered to the EOTC for this project. Anticipated staff, employees or subcontractors should be identified by:

i.) job title;

ii.) department;

iii.) years of experience;

iv.) relevant education history; and v.) description of the services they are anticipated to provide.

b.)

Bidders should indicate the consultant’s experience with large organizations, with governmental organizations and with the Judicial Branch.

Section 7.1.11 – Client References The vendor is expected to provide at least three (3) client references that demonstrate experience in delivering the type of products and services described in this RFP. Client references must be based on work the vendor has performed within the past ten (10) years. Each client reference should include the following information:

i.) Name and address of the client;

ii.) Contact information for client’s representative;

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

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

Section 7.1.12 – Response to Vendor Tasks a.)

The vendor’s proposal should provide a detailed plan as to how the vendor proposes to assist the EOTC in conducting its review of the current cost of raising children in Massachusetts.

b.)

The vendor should incorporate the vendor tasks included in Appendix A, Scope of Services, into its proposal and should indicate how it intends to provide each task or service identified. The vendor should also identify any elements or aspects that they deem necessary and important to the process that are not identified by the EOTC in its Scope of Services.

c.)

The vendor should also provide details on the processes, approach and strategies employed in prior instances of reviewing the cost of raising a child in Massachusetts or other jurisdictions.

Section 7.2 – Pricing Proposal Section 7.2.1 – Pricing Proposal Requirements

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:

Pricing Proposal

Pricing Section 1:

Pricing Proposal Transmittal Letter

Pricing Section 2:

Pricing Schedule Section 7.2.2 – Pricing Proposal Transmittal Letter

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 proposal;

ii.)

identify all materials/services included in the vendor’s Pricing Proposal; and

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 specified, longer period of time.

Section 7.2.3 – Pricing Schedule(s) a.) The vendor must complete a Pricing Schedule as part of the Pricing Proposal.

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

i.) The vendor is to provide a complete breakdown of the costs, and manner of calculation (e.g., per day, per item, flat fee, etc.), for all aspects of the tasks and services proposed by the vendor in its Technical Proposal.

ii.) The EOTC requests a menu of prices or a schedule of costs for each phase of products and services (deliverables) to be rendered to the EOTC under this RFP. The vendor may group each phase or deliverable as it corresponds to its technical approach.

c.) The EOTC prefers a fixed price for each element of the products and services to be rendered under this project. For any tasks or elements for which the vendors wish to offer any other form of pricing (e.g., hourly, daily, etc.), the vendor should provide the base cost per unit (hour, day, etc.) and the estimated total number of units for the tasks.

Section 7.2.4 – General Cost Considerations a.) The vendor must offer a price and cost breakdown for all products and services necessary for the proper implementation and completion of this project. Payments will be issued in accordance with a payment schedule for each completed deliverable or previously identified project phase.

b.) A deliverable will be considered “completed” when all of the specified acceptance criteria have been met and the deliverable is accepted.

Section 7.3 – Proposal Evaluation Section 7.3.1 – Introduction This section provides a description of the evaluation process and evaluation criteria that will be used to evaluate the proposals. To be deemed responsive, it is important that a vendor’s proposal provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFP. Failure of a vendor to submit the information requested may result in the elimination of the proposal from further consideration and evaluation.

Section 7.3.2 – Evaluation Committee An Evaluation Committee comprised of Trial Court staff members will be established to review all qualifying 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 B), between the release date of the RFP and the end of the RFP process.

Section 7.3.3 – 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.

b.)

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

c.)

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

Section 7.3.4 – Rejection of Proposals The Evaluation Committee may, at any time in the evaluation period, reject a vendor’s proposal if, in the sole judgment of the Evaluation Committee, either the vendor or the vendor’s proposal failed to adhere to the provisions of the RFP or if the vendor engages in illegal or unethical conduct or in some other way improperly attempts to influence the evaluation process.

Section 7.3.5 – Evaluation Process a.)

The proposal evaluation process has been developed to ensure an impartial evaluation of all responses to this RFP and encompasses the following phases:

i.)

Receipt of Final Proposals by Deadline;

ii.)

Mandatory RFP Documentation Compliance Review;

iii.)

Evaluation of Technical Proposal;

iv.)

Evaluation of Vendor Experience;

vi.) Client Reference Checks;

vii.) Potential Vendor Presentations; and vi.)

Pricing Proposal Review & Evaluation (inclusive of Best and Final Offers – if applicable) b.)

The results of each phase of review will be documented.

c.)

Please note that at any time during the selection process, the EOTC may request any responding vendor to provide explicit written clarification of any part of its proposal.

Section 7.3.6 – Vendor Presentations a.) The Evaluation Committee/EOTC, in its own discretion may schedule a maximum of three (3) vendor presentations. The vendors will be selected from those with the highest cumulative scores after the Evaluation of Technical Proposal, Evaluation of Vendor Experience and Client Reference Checks phases have been completed. In the event that the Evaluation Committee/EOTC conducts less than three (3) presentations, the number of vendors selected to participate in the presentation phase will correspond to their cumulative ranking after the prior phases.

b.) The content, extent and manner of vendor presentations will be established by the Evaluation Committee/EOTC. Vendors selected to participate in the Vendor Presentation phase will be provided information on the substance and format of the presentations as soon as possible in the process.

Section 7.3.7 – Clarification of Proposal Information

At any time during this solicitation, the Evaluation Committee/EOTC, at its discretion, may choose to initiate a clarification process with a vendor to refine certain aspects of its proposal. The format of this process will remain at the discretion of the Evaluation Committee/EOTC based upon their findings regarding the completeness of the vendor proposals.

Section 7.3.8 – Review of Pricing Proposals a.)

Pricing Proposals will not be evaluated until after the Technical Proposal (and Vendor Presentations, if held) evaluations are completed.

b.)

While the lowest bidder may not necessarily be selected, the proposal with the lowest total cost that achieves the goals and objectives of the Evaluation Committee/EOTC for this RFP will receive higher consideration among qualifying vendors.

c.)

The Evaluation Committee/EOTC reserves the right to request clarifications from any or all of the responding vendors after the initial pricing proposal review. During the Pricing Proposal phase of the evaluation, the Evaluation Committee/EOTC may choose to initiate a clarification process to refine certain aspects of the Pricing Proposals. The Evaluation Committee/EOTC may request written clarification of prices, a further explanation of the contents of the vendor Pricing Proposal, or a request for clarification on any aspect of the Pricing Proposal.

Section 7.3.9 – Best and Final Offers (BAFO) Option

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

Section 7.3.10 – Vendor Selection and Contract Negotiations a.)

The Evaluation Committee/EOTC will select the vendor that is best able to provide the services requested by this RFP and which also provides the best financial value to the EOTC.

b.)

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

Section 7.3.11 – Estimated Evaluation Weighting

The evaluation weighting for the various components below have been assigned according to their importance to the EOTC.

COMPONENT

RELATIVE WEIGHTING

TECHNICAL PROPOSAL

55% Does vendor properly indicate ability to perform all tasks and services requested by this RFP?

VENDOR EXPERIENCE AND REFERENCES

30% Do vendor’s experience and references demonstrate superior performance to provide the services as requested by this RFP?

VENDOR PRESENTATION

15%

Does vendor presentation enhance or lower Evaluation Committee’s expectation that vendor can properly perform all tasks and services as requested by this RFP?

Total

Total: 100%

Total – Pricing Proposal

To Be Evaluated

Section 8.0 – Contract Obligations

Section 8.1 – Contract Documents

The contract awarded under this RFP will consist of the following documents, which are placed in the order of priority:

i.) Commonwealth Terms and Conditions;

ii.) Standard Contract Form;

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

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

Section 8.2 – Amendment to the Contract Any contract arising from this RFP may be amended to add unexpected or unanticipated products or services that the EOTC believes are necessary and consistent with the goals of this RFP.

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

Section 9.0 – Miscellaneous Provisions

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

Section 9.2 – Appropriation of Payments

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

Section 9.3 – Review of Selected Bid a.)

Notwithstanding Section 9.9 (Ownership, Use and Availability of Response), vendors not selected as the final vendor for the contract may opt to review the submission of the selected vendor. A vendor seeking to review the submission of the selected vendor must submit such request in writing to the EOTC within twenty-one (21) days of the notice of contract award to the selected vendor (notice of contract award to be provided via COMMBUYS, Section 7.0.5). The selected vendor’s proposal may be redacted for the purposes of protecting proprietary or confidential portions related to its business practices, products, services and pricing.

The EOTC reserves the right to defer answers to questions regarding the status of this RFP or any response to it until a contract has been executed with the selected vendor and/or a formal Notice of Award has been released.

Prior to the formal Notice of Award, the EOTC is not required to provide any information in response to inquiries concerning the status of the procurement process, or other information, such as the number of vendors responding or the elimination of responding vendors, except for any information officially published via COMMBUYS.

Section 9.4 – Request for EOTC Evaluation Input a.)

A vendor may request feedback from the EOTC on the evaluation of its response to this RFP.

b.)

The request must be submitted within twenty-one (21) days of the notice of contract award to the selected vendor (notice of contract award to be provided via COMMBUYS, Section 7.0.5).

c.)

The feedback provided will cover only the vendor’s response to the RFP. The request for evaluation input is not a forum to debate the Evaluation Committee’s decisions. This section provides the means through which a vendor may improve its response to future competitive procurements and solicitations. For that reason, the EOTC will not respond to requests in which, in the sole judgment of the EOTC, a vendor attempts to debate or argue the Evaluation Committee’s decisions.

Section 9.5 – Accuracy of RFP and Related Documents a.)

The EOTC will not be bound by or be responsible for any explanation, interpretation or conclusions concerning this RFP except those explanations, interpretations or conclusions provided by the EOTC itself through the issuance of an addendum, clarification or other document published during the RFP process.

b.)

Should a vendor find discrepancies or omissions in this RFP or any other documents provided by the EOTC, the vendor should immediately notify the EOTC of such potential discrepancy. Any communication relating to any discrepancies in this RFP identified by a vendor must only address the discrepancy identified and must not contain any unrelated questions, comments or other information.

Section 9.6 – Addenda and Modifications to RFP a.)

It is the responsibility of each vendor to verify that it is in possession of the latest addenda or modifications to a solicitation for which it intends to bid. The Trial Court of the Commonwealth accepts no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document.

b.)

A vendor may not alter the RFP or its components. Modifications to the body of the RFP specifications, terms and conditions, or any other documents that would change the intent of the RFP, are strictly prohibited. Any modifications, other than where the vendor is prompted for a modification or alternative, may result in disqualification of the proposal.

Section 9.7 – Costs of Vendor Proposals to RFP A vendor shall bear all costs associated with their proposal, including preparation, photocopying, postage, delivery costs and any travel expenses that may be incurred during the solicitation process. No costs or expenses incurred by a vendor in responding to this RFP, or by participating in the RFP process, will be borne by the EOTC.

Section 9.8 – Firm and Irreversible Proposal Terms The signed vendor proposal shall be considered a firm offer on the part of the vendor. All proposals (including all statements, claims, declarations, and specifications in the vendor’s proposal) shall be considered firm and irrevocable for purposes of future contract negotiations unless specifically waived in writing by the EOTC. The selected vendor’s signed proposal to this RFP, and any relevant correspondence and other documents submitted with the response, shall be incorporated into any resulting contract.

Section 9.9 – Ownership, Use and Availability of Submitted Proposals a.)

All materials submitted by a vendor in response to this RFP become the property of the EOTC.

b.)

The EOTC considers the responses to this RFP to be internal, working documents, which will become the property of the EOTC, and it will not agree to any statements or endorsements in proposals or related documents submitted in response to this RFP that conflict with EOTC practices related to such documents and material.

c.)

The EOTC shall be under no obligation to return any proposal or materials submitted by a vendor in response to this RFP.

Section 9.10 – Amendment and/or Cancellation of Procurement a.)

The EOTC reserves the right to amend or cancel this RFP at any time, if it believes that doing so is in the best interests of the EOTC. The EOTC may cancel this RFP at any time prior to the execution and approval of a contract, in which event all responses received in response to this RFP will be rejected.

b.)

All employees of the vendor and subcontractors assigned to work on the resulting contract with the EOTC may be required to successfully complete a criminal background check (criminal offender record information - CORI), a records check and to sign a Confidentiality Statement prior to beginning work on the project. This requirement may be required of all staff and subcontractors assigned to the project regardless of their work location.

Section 10.0 – Appendices Incorporated into this RFP are the following appendices:

Appendix A:

SCOPE OF SERVICES

Appendix B:

MANDATORY RFP DOCUMENTS

Appendix C:

SAMPLE MANDATORY CONTRACT FORMS

Appendix D:

INSTRUCTIONS ON SUBMITTING A BID TO COMMBUYS

APPENDIX A

ECONOMIC ANALYSIS SERVICES FOR CHILD SUPPORT GUIDELINES REVIEW RFP

SCOPE OF SERVICES

The Scope of Services, included as Appendix A, details the services the EOTC expects the selected vendor to provide.

The selected vendor will gather information and analyze the cost of living data for Massachusetts, with an emphasis on data concerning the cost of raising a child or children in Massachusetts. The selected vendor will analyze what impact, if any, the current cost of living data has on the current Child Support Guidelines that became effective on August 1, 2013. The selected vendor will compare any differences between the cost of living data for 2012-2013 and the present data. The economic models examined during the 2012-2013 review of the Child Support Guidelines include, but are not limited to, the United States Department of Agriculture’s annual estimate of expenditures on children nationally, the United States Department of Agriculture’s estimate of expenditures on children in the Northeast, and the Betson-Rothbarth estimation of the marginal cost of children. The review conducted in 2012-2013 also compared the Child Support Guidelines to the guidelines amounts in five neighboring jurisdictions (Connecticut, New Hampshire, New York, Rhode Island and Vermont). The full details of the economic models reviewed during the 2012-2013 review may be found in the Massachusetts Child Support Guidelines Quadrennial Review: Final Report of the 2012 Task Force, which can be retrieved at http://trialcourtweb/childsupport/2012-task-force-report.pdf. The Economic Review of the Massachusetts Child Support Guidelines dated June 2013 can be obtained at http://trialcourtweb/childsupport/economist-report.pdf.

Similar to previous Task Forces that have reviewed the Child Support Guidelines, the 2012-2013 Task Force concluded that establishing child support guidelines ultimately requires consideration of economic principles, as well as public policy issues. As a result, the Child Support Guidelines reflect broad principles and implications of the economic research but not specific numeric results.

After the selected vendor completes his or her analysis, the consultant will submit to the Trial Court a draft report summarizing, analyzing and discussing the trends the current data shows concerning the cost of raising children in Massachusetts and whether this data affects the Child Support Guidelines. Initially, the selected vendor will present the report in a draft form for review and comment by the Child Support Guidelines Task Force and the EOTC. Following the review and comment period, if appropriate, the consultant will revise the draft report and submit a final report. As part of the review process, the selected vendor will present findings to Paula M. Carey, Chief Justice of the Trial Court. The selected vendor’s report and findings will be one part of the overall analysis of the guidelines.

The selected vendor’s tasks will include, but not be limited to:

a. consulting with the Chief Justice of the Trial Court and her staff, as needed;

b. consulting with the 2016-2017 Child Support Guidelines Task Force, as needed;

c. reviewing the 2012-2013 Child Support Guidelines Task Force Report and the Economic Review of the Massachusetts Child Support Guidelines dated June 2013;

d. gathering economic studies and data produced since 2012-2013 addressing the cost of living and the cost of raising…