RFR 193424 MDPH Attorney Services and Legal Support Services Updated 1-21-2020.docx

The Commonwealth of Massachusetts Department of public health Office of the General Counsel

Address: 250 Washington street Boston MA 02108

Contact Name: Steve Chillian

Telephone #: (617) 624-5211

Fax #: 617-624-5234

Email: Steve.Chilian@MassMail.State.MA.US

Request for Response (RFR)

Document Title: MDPH Attorney Services and Legal Support Services

COMMBUYS BID Number: BD-19-1031-ADMIN-ADM06-36986

DPH RFR Document Number: 193424

03/20/2019

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Object Code: H09/JJ1 Activity Code: 4605

1.0 Procurement Scope and Description:

The Department of Public Health is seeking qualified attorneys to provide department-wide legal services and and/or legal support services. DPH is seeking individual attorneys or organizations in three service categories to serve DPH. A fourth category is seeking individuals or organizations to provide legal support services. This will be a rolling enrollment RFR, which means that responses will be accepted for the duration of the contract.

DPH is procuring this as a master agreement contract, a process that creates a qualified list of consultants. Vendors who qualify and are added to the contract are not guaranteed any work from the department. As needed, bureaus, programs and hospitals within DPH will contact vendors for specific services, and negotiate and execute an engagement agreement (process described below) that describes the specific services and compensation with the selected vendor. Engagements can be executed by DPH bureaus throughout the life of the contract. References to “bureau” in this document include all Department of Public Health bureaus, offices, programs, hospitals, and laboratory.

Contracts and engagements signed as a result of this solicitation are not intended to supersede any statewide contract; including services covered by ITS51DesignatedITD- eDiscovery Services (or successor procurements).

1.1 Background Information:

The MA Department of Public Health’s Office of the General Counsel provides legal counsel and advice on a wide range of strategic, policy, and operational issues for the agency. The Legal department is responsible for supporting the Department’s policy and legal work, including the development of regulations and enforcement of agency regulations.

1.2 Applicable Procurement Law

Executive Branch Goods and Services

1.3 Whether Single or Multiple Contractors Are Required For Contract(s):

Check One (“X”):

1.4 Calendar Rule Type:

1.5 Acquisition Method:

1.6 Use of a Procurement by a Single or Multiple Departments:

· Identify additional Eligible Entities by name or type.

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.7 Expected Duration of Contract:

Anticipated Initial Duration up to: 5 years

Anticipated Renewal Options: One option to renew for 5 year(s) each option

Final End Date of this Contract: June 30, 2029

1.8 Anticipated Expenditures, Funding Or Compensation For Expected Duration

Check One (“X”):

Will Federal Funds be used to fund any part of Contract(s)?

Funds Balance Forward Requirement for Capital, Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications

Attorney Services Categories1-3:

Each of the following three categories has its own scope of service. However, approved contractors will not be limited to the described Services within each scope. Individual applicants must have a law degree from an accredited institution and must have passed the Massachusetts Bar Examination and must be in good standing at the time of engagement. At the time of engagement organizations who are awarded a contract through this RFR must be able to show that attorneys who will be working with the department have a law degree from an accredited institution and must have passed the Massachusetts Bar Examination and are in good standing.

Awards will be made for each category so each bidder must indicate the category for which they are applying. Applicants in Categories 1-3 who will or may be performing litigation services representing the department /Commonwealth in court (either in Massachusetts or in another jurisdiction) must be appointed as a Special Assistant Attorney General (SAAG) in accordance with the G.L. c. 30, s. 65 prior to the commencement of services. Commencement of services for selected bidders may only be authorized by the Department’s General Counsel or authorized delegee.

Attorney Category 1. Lead Poisoning:

The Childhood Lead Poisoning Prevention Program (CLPPP) is responsible for the identification and prevention of lead poisoning in children under six years of age. The CLPPP is seeking attorneys to work in the capacity of Special Assistant Attorneys General (SAAGs) throughout the Commonwealth. The selected attorneys will work closely with CLPPP code enforcement personnel to oversee legal proceedings pursuant to the Lead Law (MGL chapter 111, ss. 189A-199B) and MGL chapter 111, section 127A, prepare legal documents, provide quarterly reports and follow policies and procedures stipulated by the Lead Law, the Attorney General’s Office and DPH.

Qualified applicants will have experience practicing criminal law as either a prosecutor or defense counsel, demonstrated experience in government policy or regulatory development, and a working knowledge of the Massachusetts Lead Law. Experience in dealing with individuals of diverse ethnic origin is a must.

Attorney Category 2. Guardianship:

The Department of Public Health (DPH) operates four (4) chronic care hospitals: Western Massachusetts Hospital (WMH), Tewksbury Hospital (TH), Lemuel Shattuck Hospital (LSH), Pappas Rehabilitation Hospital for Children (PRHC)). Each hospital from time to time requires the services of attorneys to work in the capacity of Special Assistant Attorney Generals (SAAGs) to represent them in guardianship petitions and related probate matters. The selected attorney will work primarily with WMH to process requests for the appointment of guardians and related probate services as authorized by the Office of General Counsel in accordance with established DPH and Hospital policies and procedures.

Qualified applicants will have substantial experience in handling medical guardianship and Rogers guardianship cases, a thorough knowledge of probate court practices and procedures and demonstrated experience practicing law in the probate court where cases will be filed. Bidders should propose an hourly rate for contested cases and per case rate for uncontested cases. Suggested categories of typical uncontested requested guardianship services are provided below:

· Permanent Guardianship with no extraordinary medical authority

· Temporary Guardianship with no extraordinary medical authority (in addition to charge for underlying petition)

· Permanent Guardianship with extraordinary medical authority

· Temporary Guardianship with no extraordinary medical authority (in addition to charge for underlying petition)

· Petition to amend, expand or limit Guardianship

· Petition to Remove Guardian

· Petition to Terminate Guardianship

· Motion to Extend, Amend, Reinstate Treatment Order (requiring court appearance)

· Motion to Extend, Amend, Reinstate Treatment Order (administrative review only) Note: Applicants should include any additional reimbursable expenses not covered under the proposed rates.

Attorney Category 3. Other:

DPH occasionally requires the services of lawyers for miscellaneous services. Historically, some of these services have included:

▪ Immigration Law

▪ Regulatory/Policy Development in Specialized Areas

▪ Emergency preparedness

Non Attorney Legal Support Services Category 4:

DPH occasionally requires legal support services to augment work force expertise. When needed these services are outsourced to individuals or organizations who will work with or under the supervision of OGC staff to provide assistance on individual projects or to provide technical assistance throughout the organization. Support services may include, among others: litigation support, legal research, document preparation, document review, privilege review, and records management (paper & electronic).

Applicants must demonstrate technical knowledge, ability and experience commensurate for the services or positions sought. A qualified candidate shall possess a paralegal certificate from an accredited school with demonstrated work experience in the specific services contracted for.

Any services covered by ITS51DesignatedITD- eDiscovery Services (or successor procurements) will not be covered by this RFR.

CORI Requirements: In accordance with EOHHS policy, an individual's background, including any CORI and other relevant information, must be carefully considered so that the vulnerable populations served by EOHHS are protected. It is also EOHHS policy that qualified rehabilitated offenders are given a fair opportunity to be employed and successfully reintegrated into the workforce. In accordance with this policy, prior to any work engagement, the awarded Contractor shall obtain a Standard (Employer) Access Massachusetts Criminal Offender Record Information (CORI) check on any and all individual employees who are to enter public offices of the Commonwealth or provide services to any Hiring Entity of the Commonwealth. The awarded Contractor must 1) utilize the Internet-Accessible CORI (iCORI) system maintained by the Department of Criminal Justice Information Services (DCJIS) to request and receive CORI in accordance with 801 CMR 2.00 et seq. and 2) comply with the EOHHS CORI check regulations, 101 CMR 15.00 et seq. in reviewing CORI and in documenting its hiring determination as set forth in 101 CMR 15.09. Any associated costs are the responsibility of the awarded Contractor.

For environmental purchasing requirements, please see the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR Standard Required Information document posted at the COMMBUYS Bid Solicitation; File attachment section.

3.0 Performance Requirements and Contract Monitoring

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

1. Timely Delivery (Commodities, Services, Reports, Billing, etc.)

2. Responsiveness to Departmental Inquiries

3. Quality of Deliverables (Commodities, Services, Reports, etc.)

4. Performance Targets/Benchmarks (Quantities, Outcomes, etc.)

5. Attendance at scheduled meetings

The PMT shall negotiate with contractors any requirements not set forth in the RFR

4.0 Compensation Structure and Engagement Process

Vendors on this contract will be compensated at an hourly rate established for the initial duration of the contract. Bidders will submit a proposal application with a maximum hourly rate along with credentials in their specialty, along with other required documents. References will be required. The Procurement Team will review the submissions and finalize a maximum rate with the bidder. Acceptable applicants will execute a contract with the department and be placed on the master agreement list.

A DPH bureau will conduct an engagement process for the purpose of doing work under this contract by contacting a vendor on this contract to negotiate a specific scope of services and the hourly rate. The negotiated hourly rate must not exceed the maximum hourly rate bid and accepted at contract execution. Department bureaus are encouraged to negotiate a lower hourly rate from the maximum rate posted for the consultant. The scope of services, hourly rate, and billing arrangements will be detailed in an engagement document to be signed by the consultant and the bureau.

For individuals contracted under this master agreement an Employment Status Form must be completed by the bureau to determine and assure that individuals on the contract are independent contractors at the time of engagement. The form affirms that 1) the individual does not devote substantially full time to the business of the department and 2) the individual provides services for more than one client at a time or to the general public.

Consultant billing must not occur more frequently than monthly. Invoices should be submitted monthly, within thirty (30) days after the end of the month in which the services were rendered with the specific date of service, the identity of the authorized person who provided the service, the amount of time spent in providing the service, a description of the work performed, the Department Program the work was provided for, the amount charged for the service and all itemized additional covered charges.

This contract does not include costs for commuting to and from work for the Department of Public Health offices, hospitals or laboratory. If additional travel and travel related expenses are required, the bureau engagement contract manager will specify the circumstances and compensation with a maximum according to the state standard in advance in the engagement agreement signed between the bureau and the vendor. All compensated in-state or out-of-state travel must have prior approval included in the engagement agreement.

During the life of this contract DPH reserves the right when deemed advantageous to DPH to utilize fixed price billing for specific deliverables.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation. COMMBUYS Bid Solicitation for this form.

5.0 Evaluation Criteria

The following components will be some of the criteria considered by the Evaluation Team when evaluating each application:

· Hourly fees or rates per case (guardianship cases)

· Relevant experience in the categor(ies) selected

· Interviews (if conducted)

· References

· For individuals applicants in categories 1-3 appointment as a special assistant attorney general in accordance with the G.L. c. 30, s. 65 prior to the approval of the award. (Organization Applicants assigned attorneys in Categories 1-3 who will or may be performing litigation services representing the department /Commonwealth in court must be appointed as a Special Assistant Attorney General (SAAG) in accordance with the G.L. c. 30, s. 65 prior to engagement.)

Supplier Diversity Program (SDP): The Supplier Diversity Program (formerly known as Affirmative Market Program) was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified Minority and Women Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

Additional information about SDP can be found in the Supplier Diversity Program (SDP) Plan section of the “Additional Requirements” document found on the COMMBUYS Bid Solicitation. The Supplier Diversity Program (SDP) Plan Commitment & Declaration of SDP Partner(s) form can be found at the COMMBUYS Bid Solicitation.

The SDP plan counts for 10% of the total proposal review score. Unless there are documented extenuating circumstances, no contract will be executed with a provider unless a percentage commitment of the contract amount has been made with at least one SDP-certified business.

Prompt Payment Discounts (PPD) All bidders responding to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found on the OSD Forms page and in this solicitation at the COMMBUYS Bid Solicitation.

Deadline for Questions and Answers All Questions must be received in writing. Questions can be sent by email no later than the date and time indicated in the Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

April 1st 2019 Email: Steve.Chilian@MassMail.State.MA.US

The BID opening date (Deadline for Submission of Response) All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders.

06/30/2029

Deadline for Forms that require Ink Signatures.

(See section 7.2 Submission Instructions below for further guidance.)

Carol MacLennan Budget Office 250 Washington street

Boston MA 02108

7.0 Requirements/Instructions for Submission of Responses

7.1 Submission Requirements

· Completion of the attached Application Response Form

· Individual applicants will need to provide a current resume to support qualification and experience in the selected service categor(ies)

· Applicants who are organization will need to describe their size, structure, areas of practice and office locations.

· At the time of engagement the following information will be needed:

· A description of the qualifications of attorneys or support staff assigned to the representation including

· Professional and education background of each attorney and/or support staff

· Overall supervision to be exercised.

· Prior experience of the individual attorneys and/ or support staff with respect to the required experience. Bidder should only include resumes of individuals likely to be assigned to the representation.

· For categories 1, 3 and 4 a detailed itemized fee schedule for selected service categories. Each response must provide an hourly billing rate for each attorney or other legal support staff who will be working under the applicant’s representation (clerical, paralegal or other professional) along with any additional charges for expenses, if any, such as legal research, meeting attendance, travel (per mile), telephone, printing, photocopying, etc.

· For category 2 Applicants seeking to provide guardianship services must submit their billing rates as an hourly rate for contested cases and per case rate for uncontested cases.

Note: The Department expects that any proposed reimbursable charges will be charged at the applicant’s actual cost. The applicant must represent in its response that there are no reimbursable charges. The Department reserves the right to negotiate rates with the applicant.

7.2 Submission Instructions

All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

All Quotes must be received by the Department of Public Health before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times displayed in COMMBUYS are Eastern Standard/Daylight Savings (US).

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. DPH recommends that Quotes be submitted early. Changes to your quotes can be made by withdrawing using the “Withdraw Quote” button offered under the Summary tab of a submitted quote. Quotes may be withdrawn up until the Bid Opening Date.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Ink Signatures The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) (If not already on file with the Comptroller)

· Electronic Funds Transfer Sign Up Form (If not already on file with the Comptroller) Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days from Commbuys Submission. Successful bidders may have a delay in the execution of their contracts if the above forms are not received by DPH in timely manner.

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

Public Records All information, documents, and attachments submitted as a response to this RFQ are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

Amendments to BID DPH reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DPH and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

8.0 RFR Attachments:

The forms listed in the COMMBUYS with this RFR must be submitted with your response where indicated.

To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:

Must complete and upload document to COMMBUYS as part of quote

complete and sign in blue ink as instructed in section 7.2 of this RFR.

9.0 COMMBUYS Support

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

· A link to a job aid on How to Submit a Quote on COMMBUYS

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Standard Template 3-30-2017 image2.png image2.jpeg image1.png