RFR 2026 DOI 006 EVALUATION CRITERIA.docx

Third Referee Services for Review of Fire and Casualty Insurance Agent Contract Cancellation, Modification, or Expiration in Accordance with M.G.L. c. 175, §163 and/or Review of Disputes as to Amount of Loss in Fire Insurance Claims in Accordance with M.G.L. c. 176, §§ 99 through 100H

EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Evaluation Criteria The following criteria shall apply to all Bidders and will be used in evaluating overall qualifications. (Not listed in order of importance):

Experience in serving as a third referee in a reference proceeding under M.G.L. c. 175, § 163 and/or M.G.L. c. 175, §§ 99 through 100H.

Familiarity and knowledge of relevant Massachusetts insurance laws, regulations and bulletins.

Knowledge and familiarity of trends and techniques relevant to the reference process.

General suitability of the Bidder including number of employees in Bidder’s business or firm, location and biographical summaries of staff intending to participate in the work contemplated hereunder.

Amount of time individual staff members will dedicate to a reference.

Sufficient resources and staff to complete services on a timely basis.

Ability to produce clear, timely written decisions.

The scope and type of referee/arbitration services previously provided by the Bidder.

Bidder’s proposed fee competitiveness and reasonableness.

Quality of references and their responses to Division inquiries.

An oral presentation may be required of some Bidders.

Evaluation of Cost Proposal The Cost proposal shall be evaluated after the Business Response is evaluated, unless the Bidder is disqualified during the evaluation of the Business Response. The Cost Proposal shall be evaluated on the total estimated budget, the rate per hour, the varying rate information, the other cost information and a written statement which guarantees to hold the Cost Proposal open for ninety (90) days from the response date while evaluations of the Responses are ongoing.

Conflict of Interest Prior to selecting a Qualified Vendor for a specified project, the PMT may require one or more members to submit a response to a Conflict-of-Interest Questionnaire that will be particularly directed to the circumstances of such project.

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

The SSST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

Submission Format The Bidder is required to follow the sectional format specified in the Submissions Checklist, which is posted on COMMBUYS.

Written (Email) Inquiries Bidders may submit written inquiries via email concerning any part or attachment of this RFR to the Procurement Team Leader by the deadline identified in the Procurement Calendar in Section 1. Written inquiries regarding issues outside the scope of this RFR will not be considered by the PMT. The PMT shall not respond to inquiries received after the deadline.

All inquiries must be submitted by the required date and time to: doirfr@mass.gov

All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted.

The PMT will provide written responses to all written inquiries received by the due date by posting them on CommBuys by the date identified in the Procurement Calendar in Section 1. Responses will not identify the identity of the inquiring Bidder.

Response Deadline The deadline for Responses to this RFR is identified in the Procurement Calendar referenced in Section 2.

Responses received after the deadline shall be disqualified. The PMT will not retain and review such Responses for the next open enrollment period, but will return them to the Bidder.

Any change to this submission date and/or time will be made by a notice published electronically on COMMBUYS. Bidders are encouraged to check the website frequently for possible additional postings relative to this RFR.

Cover Letters Each Cover Letter shall be signed by the individual authorized to negotiate and execute a Contract for the Bidder and shall guarantee to hold open the Response for ninety (90) days from the response due date while evaluations are conducted by the PMT. It must contain the name, address, email address and telephone number of the Contact Person.

Submitting Responses after Initial Bid Period After the initial deadline specified above, and throughout the period that this RFR remains open, Bidders may submit Responses during the months of January and July of each calendar year at the sole discretion of the PMT.

The PMT will issue an Open Bid Announcement on COMMBUYS as to whether bids are being accepted during July and January. Responses will be accepted during the months of January and July of each calendar year only if the PMT issues an Open Bid Announcement. Evaluation of Responses and a decision will be made within sixty (60) days of the end of the month in which the Response is received.

Responses received at any other time will be returned to the Bidder without being considered.

Commonwealth Terms and Conditions All Responses must include a fully executed Commonwealth Terms and Conditions (found on www.macomptroller.org/forms). If the Bidder has already executed and filed the Commonwealth Terms and Conditions, please indicate this in your Response; such Bidders need not submit another with their Response. The Commonwealth Terms and Conditions shall be incorporated by reference into any Contract for Commodities and Services executed pursuant to this RFR.

Standard Contract Form All Bidders must also complete, execute and return the Standard Contract Form (found on www.macomptroller.org/forms) as an attachment to their Response. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s Response. By executing the Standard Contract Form, the Bidder certifies under the pains and penalties of perjury that it has submitted a Response to a Request for Response (RFR) issued by the Division; that this Response is the Bidder’s offer as evidenced by the execution by the Bidder’s authorized signatory; that the Bidder’s Response may be subject to negotiation by the Division, and that the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Division and included as part of the Contract upon execution of the Standard Contract by the Division’s authorized signatory.

Important Note: Bidders may not re-negotiate the Massachusetts Terms and Conditions or the Standard Contract Form. Each Bidder will be required to complete a Massachusetts Terms and Conditions and a Standard Contract Form as part of its Response to this RFR before being engaged under this RFR.

Business Response and Cost Proposal Responses to this RFR must consist of two (2) separate documents: a Business Response and a Cost Proposal. Bidders shall prepare a separate Cover Letter for each. The Business Response and its Cover Letter shall be submitted separate from the Cost Proposal and its Cover Letter.

Failure to submit the Business Response and Cost Proposal separately may result in disqualification.

Business Response The Business Response and its Cover Letter shall be submitted in a sealed envelope separate from the Cost Proposal and its Cover Letter. Bidders must not include cost information in any part of the Business Response. Inclusion of cost/pricing information in the Business Response may result in disqualification of the entire application.

The Business Response should use the same numbering as appears in the Submission Checklist which is posted on COMMBUYS.

Cost Proposal Once a contractor is selected under this RFR, the contractor is bound by the fee rates contained in the Cost Proposal for a minimum of twelve (12) calendar months. At the end of that 12 calendar month period, if the Qualified Vendor wishes to submit a revised Cost Proposal with revised rates, it may do so during the Open Enrollment period (January or July) following the expiration of such 12 calendar month period. The acceptance of a revised Cost Proposal shall not in any manner whatsoever affect expressly or impliedly any of the terms of any Contract that may exist at the time of said revised Cost Proposal between the Qualified Vendor and the Division. The fee rate contained in a revised Cost proposal that is accepted will itself remain in place for a minimum if 12 months following the date of the acceptance of such reapplication.

Once a Qualified Vendor is selected for a project under this RFR, the Qualified Vendor is bound by the fee rates contained in the Cost Proposal in effect for that Qualified Vendor at the time of the Qualified Vendor’s selection for the project, for the term of the project. Any allowable fee rate increases for the duration of the project shall be set forth in the terms of the Commitment letter executed by the Qualified Vendor as part of the Contractor selection process.

Memorandum of Understanding Before being engaged to assist in services under this RFR, a Qualified Vendor will be required to execute a Memorandum of Understanding. A sample Memorandum of Understanding is posted on COMMBUYS along with this RFR document.

Contractor Authorized Signature Listing Form.

The Bidder’s authorized signatory must sign this form.

Massachusetts Substitute W-9 Form If a Bidder has already submitted a W-9 form and has received a valid Massachusetts Vendor number, the W-9 is not required. In all other cases, the Bidder must complete, sign and submit the W-9 form with its Response. The form is required by the Office of the Comptroller for Taxation Reporting Information and is used to assign or confirm a Massachusetts Vendor Number. A Contract cannot be executed without a valid Massachusetts Bidder Number on file with the Commonwealth. The information on this form will be used to record your place of business and identify where payments will be sent.

Bidder Contact The Bidder must provide in its RFR the name of an individual who will be the contact for the term of the Contract. The contact will be responsible for proper operation and administration of the Contract by the Qualified Vendor and must be the direct interface and Single Point of Contact (SPOC) for the Division.

Insurance The Bidder must agree, while a member of the pool of Qualified Vendors, to maintain at the Bidder’s expense, all insurance required by law for professional malpractice and/or personal injury, as well as insurance for its employees, including, but not limited to disability, workers compensation, and unemployment compensation, and to provide the Division with certification of same upon appointment by the Commissioner as a third referee, if requested.

Rejection of Bidder’s Response A Bidder’s Response may be rejected by the PMT if the Bidder’s Response:

1. Fails to adhere to one or more of the requirements of this RFR;

1. Fails to submit its Response to the required address on or before the RFR response due date;

1. Fails to submit a Response in accordance to the format and instructions specified or to supply the minimum information required in this RFR;

1. Fails to meet unconditionally or is unable to demonstrate competence to meet the requirements of this RFR;

1. Misrepresents its services or provides demonstrably false information in its Response or fails to provide material information;

1. Violates the restrictions on contacts with Division employees and representatives;

1. Fails to submit the Response and Cost Form with the respective cover letters; or

1. Transmits any response information via facsimile.