RFQ_Bid Summary FY24_07-24-24_Investigative Services.pdf

THE COMMONWEALTH OF MASSACHUSETTS

TRIAL COURT

OCM FISCAL- PROCUREMENT & STRATEGIC SOURCING | 2 Center Plaza 9th Floor Boston, MA 02108

BID Summary & Additional Specifications

COMMBUYS Bid #: BD-25-TRC-1107-1107T-TRC01-105360 Alternate ID (Internal TRC Number): TRC-25-OCML-003 Bid Title: Investigative Services Business Lead (BL) Name & Email: Rob Dunphy | Rob.Dunphy@jud.state.ma.us BL Phone, Title and Unit Senior Legal Counsel | EOTC | OCM - Legal

6 Anticipated Expenditures, Funding or Compensation for Expected Duration: (please select only 1 option)

1. Contract will have a Maximum Obligation Amount (Initial Duration Amount Only):

2. Contract will be based on Rates (estimate initial amount): up to $7,500.00.

Total Contract Amount (Initial Duration PLUS Renewal Option Amounts): up to $10,000.00

7 Funding Source: Federal % | State 100% | Trust % |Capital %

8 How to respond to this bid posting: (Email is not an acceptable format) All responses must be uploaded to the COMMBUYS website (www.commbuys.com) for this bid, by the bid opening date (which is the final date/time the bid will be open on COMMBUYS – once this date has passed, the Trial Court will be able to download the bids and open them for review). If you need assistance with registering on COMMBUYS and/or uploading your response, please contact the COMMBUYS helpdesk at: COMMBUYS@state.ma.us or 1-888-627-8283 or 617-720-3197.

9 Bid opening date (all bids must be uploaded to COMMBUYS no later than the date and time below):

Bid opening date: August 5, 2024 | Bid opening time: 3:00 (Eastern Time) AM / PM Check here if this is a Departmental Master Agreement Rolling Enrollment Bid (If bid is being set up as a Master Agreement, bids will be accepted on an on-going basis from the Date the Bid is Posted to the Final Open Date:

10 Pre-Bid Conference: No / Yes

Date: | Time: | Location: | Contact Person: | Any Additional Information:

11 Deadline for Submission of Questions Through COMMBUYS “Bid Q&A”: n/a

Official Answers for Bid Q&A Published (Estimated): n/a Vendor Presentations (If Necessary): n/a

1 Brief Description of Bid (Limited to 500 Characters including spaces): The Massachusetts Trial Court seeks a qualified vendor off Statewide Contract FAC115 to conduct an in-depth forensic investigation into an incident that occurred at a Trial Court location.

2 Acquisition Method: Fee for Service | Outright Purchase | Rental | License | Term Lease

3 Number of Vendors: Single Multiple: (If in the best interest of the Commonwealth, the Trial Court reserves the right to award this procurement to either a single vendor or multiple vendors.)

4 Contract User(s): Massachusetts Trial Court Departments Only

For use by another Eligible Entity (as specified in bid) with execution of separate contract (approved by OCM Fiscal - Procurement)

5 Expected Duration of Contract: Initial Duration: Four (4) months

Renewal Option: Yes / No If yes: # of Renewals one (1) (up to a maximum of three (3) months) mailto:COMMBUYS@state.ma.us?Subject=COMMBUYS%20Question

The following sections contain important information for all bidders responding to this bid to be aware of and consider. Please read for details.

Additional Specifications - Massachusetts Trial Court

Purchasing Authority. This bid is issued under laws, rules, procedures, and practices applicable to the Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 CMR

21.00 et seq. which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this bid 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.

When conducting a procurement pursuant to a statewide contract or other departmental master agreement the Trial Court adheres to the requirements of those agreements, including but not limited to Small Business Purchasing Program, Supplier Diversity Program and Environmentally Preferrable Products.

Amendment and Cancellation of Procurement. The Trial Court reserves the right to amend or cancel this bid at any time. The Trial Court may cancel this bid at any time prior to the execution and approval of a contract, in which case all responses received will be rejected.

Addenda and Modifications to Bid. 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 accepts no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document.

Vendors may not alter the bid or its components. Modifications to the body of the bid specifications, terms and conditions, or any other documents that would change the intent of the bid, are strictly prohibited.

Any modifications, other than where the vendor is prompted for a modification or alternative, may result in disqualification of a response.

Accuracy of Bid and Related Documents. The Trial Court will not be bound by or be responsible for any explanation, interpretation or conclusions concerning this bid for those explanations, interpretations or conclusions not otherwise provided by the Trial Court through the issuance of an addendum, clarification or other document published by the Trial Court on COMMBUYS during the bid process.

Should a vendor find discrepancies or omissions in this bid, or any other documents provided by the Trial Court pertaining to this bid, the vendor should immediately notify the Trial Court of such potential discrepancy by written correspondence submitted to the contact named as Requestor on the COMMBUYS Bid page. Any correspondence relating to any discrepancies in this bid identified by a vendor must only address the discrepancy identified and must not contain any unrelated questions, comments, or other information.

Restrictions on Contact with Court Personnel. From the issuance of this bid, until a contract resulting from this bid is executed by the selected vendor, any contact with personnel employed by or contracted to the Massachusetts Trial Court, other than as permitted in this bid, including contact made pursuant to any pre-existing obligation, which results in discussing, commenting or seeking information about this bid, will be considered a failure on the vendor’s part to conform to the provisions of this bid and may result in the vendor’s disqualification.

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

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

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.

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

Use of Trade Names. The use of a proprietary or trade name in any description of any services, equipment or software mentioned in this bid is not intended to restrict this bid to the manufacturer or proprietor mentioned; instead, it is intended only to describe, by convenient reference to familiar products, the features or characteristics required by the Trial Court. Further, the use of any trademark in any description of equipment or software does not constitute an endorsement of the product by the Trial Court.

Notwithstanding the above, the Trial Court will indicate when the use of a proprietary or trade name is a requirement of the bid.

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 Trial Court. The selected vendor’s signed proposal to this bid and any relevant correspondence and other documents submitted with the response, shall be incorporated into any resulting contract.

Duration of Response Validity. Vendor responses must remain in effect for at least 90 days from the date of bid submission, or for a longer period of time if mutually agreed upon by the Trial Court and the Vendor.

Costs of Vendor Proposals to bid. Vendors 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 vendors in responding to this bid, or by participating in the bid process, will be borne by the Trial Court.

Vendor Acceptance. By submitting a response to this bid you are indicating that you understand and will adhere to all terms and conditions for the Commonwealth of Massachusetts.

Submission of Marketing Materials. Bidders are discouraged from including extraneous promotional or marketing materials in their responses and excessive promotional or marketing materials may detract from the Bidders’ overall score.

Ownership, Use and Availability of Proposal. All materials submitted by vendors in response to this bid become the property of the Trial Court.

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

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

Debriefing Non-Successful Vendors. Notwithstanding Ownership, Use and Availability of Proposal, Vendors not selected as the final Vendor for the contract may request a debriefing after contract execution with the Selected Bidder. A vendor seeking feedback must submit its request within fourteen (14) days of the notice of contract award to the selected vendor (notice of the contract award to be provided via COMMBUYS). The request for evaluation input is not a forum to debate the Evaluation Committee’s decisions. This section provides the means through which a Bidder/Vendor may improve its response to future competitive procurements and solicitations. For that reason, the Trial Court will not respond to requests in which, in the sole judgment of the Trial Court, a vendor attempts to debate or argue the Evaluation Committee’s decisions. The feedback provided will be in writing unless the Trial Court, in its sole discretion, chooses to give the feedback in person.

Marketing & Promotional Use. No marketing or promotional materials using the Great Seal of the Commonwealth of Massachusetts, the Seal of the Trial Court of Massachusetts or listing the Trial Court of the Commonwealth of Massachusetts or the Commonwealth of Massachusetts as a customer of Vendor may be released, issued, distributed, or otherwise published in any form of media, including but not limited to print media, radio, television, world-wide web, by Vendor without the prior written approval of the Trial Court of Massachusetts. Use of Flag, Coat of Arms, and/or the Great Seal of the Commonwealth of Massachusetts for promotional or marketing purposes is prohibited. See 950 CMR 34.12.

Vendor may use the said marks in connection with performing their obligations under this Agreement and for other non-marketing, non-promotional purposes such as audits.

Prime Contractor Responsibility. The Massachusetts Trial Court requires a single point of responsibility for any contract resulting from this bid. Subcontractors, when approved by the Trial Court, may be used, but the vendor selected through this bid agrees by responding to the bid to act as prime contractor. The prime contractor, not the Trial Court, 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 bid.

BID – RFR Required Specifications – Operational Services Division

Whereas this bid is conducted pursuant to a statewide contract the provisions and requirements of that agreement are incorporated by reference. This may include, but is not limited to, the current version of the Operational Services Division’s:

RFR – Required Specifications for Commodities and Services

RFR – Required Specifications for Information Technology

BID - Other Specifications – Operational Services Division Issue Date: November 1, 2005 Refresh Date: June 6, 2016

The following RFR provisions appear in this section at the department’s discretion. If a specification is selected by the department, it is required of the bidder.

Access to Security-Sensitive Information. This solicitation contains security-sensitive information which, pursuant to MGL c. 4, s. 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to M.G.L. c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the commonwealth.

Qualified prospective bidders that are interested in accessing this information for the purpose of preparing a bid response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

1. restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

http://www.mass.gov/legis/laws/mgl/gl-66a-toc.htm

2. safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

3. return such records and materials to the Commonwealth upon completion of the project.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost-effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Emergency Standby Commodities and/or Services. Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this

RFR.

Environmentally Preferable Products and Services. The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

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

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract. All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

Miscellaneous Provisions - Massachusetts Trial Court

Bid. While a bid may generally refer to an offer or response submitted in response to a Solicitation or Request for Response (RFR), Request for Quote (RFQ), etc. in COMMBUYS, a “bid” refers to the solicitation or procurement.

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 Massachusetts Trial Court.

Appropriation of Payments. Appropriations for expenditures by eligible entities of the Trial Court (such as the Executive Office of the Trial Court (EOTC) or Office of Court Management (OCM)), 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 year. The obligations of the Trial Court under any contract executed with a vendor selected through this bid shall be subject to the appropriation of funds sufficient to discharge the Trial Court’s obligations that accrue in that fiscal year, and authorization to spend such funds for the purposes of the contract. For fiscal years following the fiscal year in which the contract is executed, the Trial Court will not be obligated to appropriate funds for payment of the contract and is subject to the same appropriation restriction.

Contract Management Roles & Responsibilities. The Department’s Project Manager (the “Department PM”) is the department employee responsible for managing and administering the contract upon award.

The Department’s Project Manager will be the point of contact for the successful bidder and contractor concerning day-to-day operational matters and the performance of contractual duties. The Trial Court will designate the Project Manager(s) who will work with the Contractor regarding day-to-day operational matters.

The Procurement Coordinator is the point of contact for interested bidders during the procurement process. Bidders may contact the Procurement Coordinator if the bidder is having trouble accessing any required attachments electronically. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the evaluation committee regarding this bid except as specified in this bid, and no other department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this bid during the active solicitation period.

The Contractor Project Manager (the “Contractor PM”) will (i) be responsible for administering the resulting SOW and the managing of the day-to-day operations under said SOW, (ii) serve as an interface between the Department PM and all Contractor personnel participating in this engagement; (iii) develop and maintain the Project Management Plan in consultation with the Department PM; (iv) facilitate regular communication with the Department PM, including [as necessary] status reports/updates, and review the project performance against the project plan and facilitate [as necessary] project status meetings for the duration of the engagement; (v) update the Project Management Plan on an [as necessary] basis and distribute it at [as necessary] meetings for the duration of the engagement; (vi) sign acceptance forms to acknowledge receipt; and (vii) be responsible for the management and deployment of Contractor personnel.

The PMs bear the primary responsibility for issue resolution. The PMs shall be responsible for coordinating a meeting with department and contractor leadership to review and resolve any issues, as needed.

Acceptance & Rejection Process. The Contractor PM will submit each deliverable or documentation of services rendered (“deliverable”) to the Department PM on or before the due date specified in the resulting contract. Department will review each deliverable and determine whether it has met in all material respects the criteria established in the contract.

Within ten (10) Business Days of receipt of each deliverable, the Department PM will notify the Contractor PM, in writing, of acceptance or rejection. A rejection will include a written description of the defects of the deliverable. If the Department PM does not respond with acceptance or rejection within ten (10) Business Days of receipt, the Contractor PM shall provide a reminder notice to the Department PM. If Department PM fails to respond after the receipt of the reminder notice, Contractor must notify Department PM and the Parties must agree to a new deadline for acceptance or rejection of the deliverable. Upon receipt of rejection of a deliverable, Contractor will act diligently to correct the specified defects and deliver an updated version of the deliverable to the Department PM. Acceptance or rejection of the updated version of the deliverable will be subject to the process described in this paragraph. In no event will a deliverable be deemed accepted without affirmative written acceptance.

Following any acceptance of a deliverable which requires additional work to be entirely compliant with the pertinent specifications, and until the next delivery, Contractor will use reasonable efforts to provide a prompt correction or workaround.

CORI Requirement. The Massachusetts Trial Court is authorized by Massachusetts’ Criminal History Systems Board to conduct criminal offender record information (CORI) background checks on vendor staff or subcontractors working for or on behalf of the Trial Court Offices.

All staff members and subcontractors assigned to work on the resulting contract with the Trial Court, may be required to successfully complete a criminal background check (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.

The Trial Court may require otherwise qualified prospective vendors to identify any and all vendor personnel or subcontractors who will be working under this contract with students, or working in an educational setting, or who will be assigned to work at the Trial Court’s offices, for the purpose of assisting the Trial Court in completing required CORI checks. Also, the successful vendor shall: (a) notify the Trial Court before making any staffing changes during the term of the contract, so that the Trial Court may conduct a CORI check, if necessary, prior to any new personnel commencing work under the contract;

and (b) notify the Trial Court of any issues that may affect the eligibility of identified vendor personnel or subcontractors to work for or on behalf of the Trial Court under the contract. The Trial Court may need to contact identified vendor personnel or subcontractors directly for the purpose of completing required background checks.

Completion of any and all CORI checks of all identified personnel, if necessary, will be the final step in executing the contract.

Other entities (including but not limited to other Judicial Branch entities, state agencies, Commonwealth cities, towns, districts, counties, authorities and school districts), who are eligible to utilize this procurement under a separate contract execution, must complete their own vendor CORI check, if applicable. Prequalification on a departmental master service agreement does NOT include a CORI check.