RFR 2026 DOI 006~1.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION

DIVISION OF INSURANCE

ONE FEDERAL STREET, SUITE 700

BOSTON, MA 02110

Request for Response (RFR)

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

COMMBUYS Bid#: BD-27-1027-1FED-1FED-133333 Agency Document Number: RFR-2026-DOI-006

RFR Issue Date: September 8, 2026 Bidder Response Due Date: October 16, 2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www.COMMBUYS.com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

RFR Introduction and General Description Procurement Scope and Description The Commonwealth of Massachusetts Division of Insurance (“Division”) seeks to create a pool of pre-qualified individuals (“Qualified Vendors”) to act as third referees appointed by the Commissioner of Insurance (“Commissioner”) to review and evaluate insurance company cancellation, modification or expiration of independent fire and casualty insurance agent contracts in accordance with M.G.L. c. 175, § 163 and/or to act as third referees appointed by the Commissioner to review and evaluate disputes involving the amount of loss in fire insurance claims in accordance with M.G.L. c. 175, §§ 99 through 100H. Individuals are invited to submit Responses describing their expertise in providing third referee services as a Qualified Vendor in the following identified areas.

The Qualified Vendor must: (1) have knowledge of M.G.L. c. 175, § 163 and/or M.G.L. c. 175, §§ 99 through 100H; (2) be a disinterested person; (3) be a resident of the Commonwealth; and (4) be willing to act as third referee in accordance with M.G.L. c. 175, § 163 and/or M.G.L. c. 175, § 100B. The Qualified Vendor also will perform the following services specific to the category of third referee services required.

Procurement Contact Information

Service Categories Review of Insurance Agent Contract Cancellation, Modification, or Expiration in Accordance with M.G.L. c. 175, § 163 M.G.L. c. 175, § 163 provides that if an independent fire and casualty insurance agent (currently known as an insurance producer) receives notice of an insurance company’s intent to cancel or modify the agent’s contract with the insurer, or that the insurer intends to allow such contract to expire, the agent may make a written demand for reference of the matter to three referees. Such referees shall determine whether or not the cancellation, modification or expiration of the insurance agent’s contract will so affect the renewal, continuation or replacement of any policies placed with the insurance company through the efforts of the agent, or whether the services needed by any policyholder doing business with the insurance company as a result of the efforts of the agent, justify renewal or continuation of any policies then in effect having been placed with such insurance company by such agent.

The insurance agent and the insurance company each select a referee in accordance with M.G.L. c. 175, § 163. The third referee is appointed by the Commissioner. Such third referee shall be a disinterested party and a resident of the Commonwealth. The third referee shall serve as chairman and the three referees shall meet, hear evidence and issue a signed written decision, in accordance with the law. The reasonable charges and expenses of the third referee shall be borne by the insurance agent and the insurance company involved in the reference proceeding. See M.G.L. c. 175, § 163.

Review of Disputes as to Amount of Loss in a Fire Insurance Claim in Accordance with M.G.L. c. 175, §§ 99 through 100H M.G.L. c. 175, § 100 provides that, in a claim under any policy of fire insurance issued on property or interests in the Commonwealth in the standard form set forth in M.G.L. c. 175, § 99, if the parties fail to agree as to the amount of loss, the insured may make written demand for reference of the amount of loss to three referees. See also M.G.L. c. 175, § 99, clause twelfth. The insured and the insurance company each select a referee in accordance with M.G.L. c. 175, § 100. If such selected referees are unable to agree upon and select a person to act as third referee, as provided by law, the Commissioner shall appoint such third referee. Such third referee shall be disinterested, a resident of the Commonwealth and meet the qualifications of M.G.L. c. 175, § 100B. The three referees shall meet to hear evidence and issue a written award in accordance with M.G.L. c. 175, §§ 101 and 101A. The payment of charges for the compensation and expenses for the third referee shall borne by the insurance company and/or the insured, as governed by the provisions of M.G.L. c. 175, §§ 101B and 101C.

The Bidder must indicate the Service Category(ies) to which it is applying, by submitting the Submission Checklist. Failure to complete and submit a Submission Checklist may disqualify the Bidder.

Multiple Service Categories The Bidder may apply to provide services in one or more of the above named Service Categories in their submissions.

Applicable Procurement Law This Bid is issued under the following law(s):

· MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b) (Legal Services) Vendor Award The award shall be based on responses received and the best value as determined by the PMT. If there is insufficient Bidder response to the RFR, the PMT may decide to reissue it.

The success or failure of a Response will be determined based upon the evaluation criteria contained in this RFR. Each successful Bidder who becomes a member of the Qualified Vendor List will be expected, in the event they are selected as the Qualified Vendor for a reference, to work in conjunction with other referees, insurance agents, insurance companies and claimants, as required.

Required RFR Sections Bidders must prepare only one (1) submission in response to this RFR, regardless of the number of Service Categories the Bidder is addressing. The Bidder shall indicate the Service Category(ies) to which the Response addresses on the Submissions Checklist in the Appendix.

Open Enrollment This is an Open Enrollment RFR that allows new Bidders to submit Responses after the initial selection period throughout the period of the pool of Qualified Vendors. At specified intervals after the creation of the pool of pre-qualified vendors from this procurement, and at the sole option of the PMT, the PMT may accept Responses from Bidders who meet all the criteria and conditions of this RFR. The PMT shall announce an Open Enrollment period by posting an announcement on www.CommBuys.com. The PMT will consider offering an Open Enrollment period during the month of January and July of each calendar year only.

Eligible Entities Limited User Contract – Restricted to Use by Issuing Entity Only. Any contract resulting from this Bid will be open for use by the Issuing Entity Only.

Acquisition Method The acquisition method to acquire services from this Bid are Fee for Service.

Contract Duration The initial duration of this Contract is up to five (5) years. The Division may renew this Contract beyond its initial term for up to three (3) additional one (1) year terms. The Division intends to exercise its option to renew by submitting written notice to the Qualified Vendor thirty (30) days prior to the termination of the initial termination date and any subsequent term.

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contract This is a fee for service procurement. The Division does not pay the fee. The fees amount is determined through cost proposals and payment method is determined by statute, M.G.L. c. 175, §101B. The estimated amount to be expended relative to an individual appointment as a third referee will vary depending on the scope and duration of the services provided by the Qualified Vendor in that reference proceeding.

Estimated Procurement Calendar

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

Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Amendment Deadline The SSST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The SSST and the Commonwealth accepts 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.

Specifications Additional required terms appear in the Appendices to this RFR.

Compensation Structure/Pricing The correct and timely billing for services is of the utmost importance to the Division. The Division will not tolerate consistent and continual erroneous or untimely billing. Such behavior on the part of the Qualified Vendor may result in the removal of the Qualified Vendor from the list of pre-qualified vendors to provide third referee services.

The Qualified Vendor shall be compensated for third referee services in accordance with M.G.L. c. 175, § 163 and/or M.G.L. c. 175, §§ 101B and 101C, as well as in accordance with the terms of the Memorandum of Understanding executed by the Qualified Vendor relative to the reference proceeding.

The conduct of a Qualified Vendor relative to any reference proceeding shall in all respects be in accordance with the governing statutes, as well as the Memorandum of Understanding executed by the Qualified Vendor relative to such proceeding.

Small Business Purchasing Program Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. Submissions from non-SBPP participants will be considered only when no SBPP bidder meets the Strategic Sourcing Team’s best-value evaluation criteria.

SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be listed as an SBPP registered business in SDO’s Directory of Certified Businesses and COMMBUYS.

To be eligible as an SBPP participant, a business must:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Have been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have annual gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Application Process.

Registering for the SBPP is generally an easy process and eligible businesses will receive an approval notification within 24-48 hours of applying. To learn more and submit an application, visit the webpage Register for the Small Business Purchasing Program (SBPP).

SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current on both SDO’s Directory of Certified Businesses and COMMBUYS at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, visit the SBPP Webpage.

Program Resources and Assistance Bidders and Vendors seeking assistance regarding the SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

Environmental Specifications Bidders should utilize the Operational Service Division’s “Current Environmentally Preferable Products and Practices Form” found on the OSD website, to report its environmental initiatives for points consideration in the Division’s evaluation of their bid. (See also Section 10.5 of this RFR.)

Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

Other Terms Addenda to RFR If it becomes necessary to revise any part of this RFR, or if additional data is necessary to clarify any of its provisions, amendments will be posted on COMMBUYS at www.commbuys.com.

Clarification of Responses The Division is not required to seek clarification of Responses, therefore, the Bidder should be as clear as possible in its Response to this RFR.

RFR Cancellation The Division retains the right to cancel this RFR, or any portion thereof, at any time. If this RFR is canceled, all Responses received in response to this RFR will be rejected. All expenses related to the preparation of responses to this RFR remain the responsibility of the Bidder.

No Guarantee of Appointment The Division makes no guarantee that any appointments as third referee will result from this RFR, nor does the Division guarantee any minimum quantity of appointments as third referee resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of Bidders, and are not relied upon as any indication of future appointments. The Bidder may not place, as a condition from providing a cost proposal, any minimum appointment requirements.

Subcontracting Policies Subcontracting arrangements will not be considered under this procurement.

Division Appointment Manager The Commissioner shall designate a member of the Division to serve as the Appointment Manager of any appointment as third referee resulting from this RFR. The Appointment Manager, in concert with the PMT, has the capacity to remove the Qualified Vendor from the list of pre-qualified vendors for poor or non-performance.

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.

Reporting.

Contractors are responsible for compliance with all contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

Security and confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

Performance Measures The performance of the Qualified Vendor in regard to providing third referee services must be of the highest quality. Substandard performance includes, but is not limited to:

· Untimely submission and non-submission of required written decisions;

· Repeated failure to adhere to statutory deadlines;

· Repeated complaints regarding the Qualified Vendor by insurance agents, insurance companies or claimants involved in reference proceedings; and

· Repeated billing errors.

Substandard performance must be corrected within a reasonable time as defined by the Appointment Manager. Persistent substandard performance may result in termination of the Qualified Vendor from the pool of pre-qualified vendors.

Cooperation At all times throughout the duration of this contract, contractor shall cooperate with Division staff.

Audit During the term of this Agreement and for a period of six years thereafter, the Division of Insurance, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged the Division of Insurance, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

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.

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.

HOW TO SUBMIT A quote

All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

Quote Submission Method Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

· Appendix 4, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

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

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

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

Bid Opening Date/Time All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD 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. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

Quote Contents Bidders must comply with the requirements below.

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 of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

Withdrawing a Quote Prior to Bid Opening Date/Time Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote in COMMBUYS.

After Bid Opening Date/Time Quotes may not be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

Appendix 1 – Required Terms for ALL RFRS General Procurement Information Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Bid.

Ownership of Submitted Quotes The SSST shall be under no obligation to return materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in contact information section of the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding, or planned common course of action with any other Bidder of the commodities and/or services described in the RFR.

Terms and Requirements Pertaining to Awarded Contracts Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

Contractor’s Contact Information It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS. The Contractor’s COMMBUYS account also must be updated to reflect the new information.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network, or internet service provider (ISP), cause email communications between the Bidder and the SST to be lost or rejected by any means, including email or spam filtering.

Publicity Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers, addresses, or other information except as specifically authorized by the SSST.

Appendix 2 - RFR - Required Specifications

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth departmental competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda, or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts 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.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth.