RFR 26-15-MCD After-Hours Call Answering and Message Processing Service.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services

Massachusetts Commission for the Deaf and Hard of Hearing 40 Broad Street Boston, MA 02109

Contact Name: Jane Sokol Shulman

Telephone:

617-740-1600 Voice 617-326-7546 Videophone

Email: jane.sokol.shulman@mass.gov

Request for Response (RFR)

Document Title: After-Hours Call Answering and Message Processing Service

COMMBUYS BID Number:

Blanket Bid BD-26-1067-MCD01-MCD01-128935

MCDHH RFR Document Number: RFR 26-15-MCD

ISSUE DATE: May 4, 2026

AMENDMENT DATE: N/A

83-11-00 – Telecommunication Media Services 83-11-16 – Mobile Communication Services 83-11-22 – Enhanced Telecommunication Services

1. Description or Purpose of Procurement:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) runs an After-Hours Emergency Service (AHE) that sends interpreters to emergencies occurring outside of business hours across the Commonwealth to provide language access so the parties involved can communicate with each other. In a bit more detail, the After-Hours Emergency Service operates on Monday through Friday nights from 5:00pm to 8:45am, weekends, and holidays. Calls come in informing the Service of emergencies involving Deaf, DeafBlind, late-deafened and hard of hearing people in which interpreters are needed to achieve language access. The After-Hours Emergency Service uses pre-established decision rules to reach out to appropriate communication access providers (ASL/spoken English and Deaf interpreters) to provide the needed language access service.

MCDHH employs an After-Hours Emergency (AHE) Service Coordinator from 5:00pm to 12:00am on Mondays through Fridays to accept incoming calls to the Service about emergencies and to deploy appropriate communication access providers. However, between 12:00am and 8:45am Monday through Friday, on weekends and holidays, and occasionally when the AHE Coordinator is not available, MCDHH relies on a Call Answering and Message Processing Service (hereafter referred to as the “Answering Service”) to accept incoming calls and to deploy the on-call communication access providers.

Through this Request for Response (RFR), MCDHH is seeking a Call Answering and Message Processing Service (“Answering Service”) to accept and process calls for its After-Hours Emergency Service. Bidder qualifications, performance specifications, response instructions, and evaluation criteria are contained in subsequent sections of this document. The result of this RFR will be a contract between MCDHH and a qualified vendor that will ensure Deaf, DeafBlind, late-deafened and hard of hearing people experiencing after-hours emergencies will have language access to the greatest extent possible.

The Massachusetts Commission for the Deaf and Hard of Hearing is an Equal Opportunity employer and does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, genetic information, pregnancy, ancestry, or military status, in any of its activities or operations.

2. Applicable Procurement Law:

Check Appropriate Box (“X”):

Executive Branch Goods and Services

CMR 21.00

52; 801 CMR 21.00; 808 CMR 1.00

22; and 801 CMR 21.01(2) (b)

815 CMR 2.00

3. Acquisition Method:

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other: [rate contract]

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor

Multiple Contractors

a. Estimated Number of Awards The target maximum number of Contractors is one. The Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

5. Entities Eligible to Use the Resulting Contract:

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

Limited User Contract – Restricted to Use by Issuing Entity Only.

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

One Year

Renewal Options

Five One-Year Options to Renew

Total Maximum Contract Duration

Six Years

7. Anticipated Expenditures, Funding, or Compensation:

Value of Total Procurement:

Estimated $30,000 to $35,000 based on FY’24-FY’25 spending with current vendor

Comments (optional):

Cost structure with current vendor was based on a lower level of service utilization and likely was not optimized for actual service use.

For most recent two fiscal quarters, service utilization was 300 – 400 minutes per month according to current vendor’s invoices.

8. Contract Performance and Business Specifications:

As stated in Section 1 of this document, the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) runs an After-Hours Emergency Service (AHE) that sends interpreters to emergencies occurring outside of business hours across the Commonwealth to provide language access so the parties involved can communicate with each other. The After-Hours Emergency Service operates on Monday through Friday nights from 5:00pm to 8:45am, weekends, and holidays. Calls come in informing the Service of emergencies involving Deaf, DeafBlind, late-deafened and hard of hearing people in which interpreters are needed to achieve language access. The After-Hours Emergency Service uses pre-established decision rules to reach out to appropriate communication access providers (ASL/spoken English and Deaf interpreters) to provide the needed language access service.

MCDHH employs an After-Hours Emergency (AHE) Service Coordinator from 4:00pm to 12:00am on Mondays through Fridays to accept incoming calls to the Service about emergencies and to deploy appropriate communication access providers. However, between 12:00am and 8:45am Monday through Friday, on weekends and holidays, and occasionally when the AHE Coordinator is not available, MCDHH relies on a Call Answering and Message Processing Service (“Answering Service”) to accept incoming calls and to deploy the on-call communication access providers.

According to the most recent data, the After-Hours Emergency Service received approximately 250 incoming calls annually. Addressing the situations prompted by these calls usually requires multiple calls and actions on the part of the AHE Coordinator. For time periods when the contracted Call Answering and Message Processing Service is handling incoming calls, there are similar expectations: for each incoming call, more than one action may be required. The actions that the Call Answering and Message Processing Service (Answering Service) must perform when responding to an incoming call are spelled out with a high degree of specificity by MCDHH; virtually no on-the-spot autonomous decision-making by Answering Service operators is required.

MCDHH is seeking a Call Answering and Message Processing Service (Answering Service) to accept calls to its After-Hours Emergency Service line primarily but not exclusively outside of Commonwealth of Massachusetts business hours and to deploy American Sign Language (ASL) and Deaf interpreters (DI) who have accepted shifts for its After-Hours Emergency Service (AHE). These ASL and Deaf interpreters provide language access services for individuals experiencing emergencies across Massachusetts. Incoming calls are to be answered by a live operator using a script provided by MCDHH. One such sample script appears in the Appendix to this document. All information provided by the person making a request for emergency after-hours interpreting services must be documented by the Answering Service operator and shared with the interpreter/s on-call. Calls must be digitally recorded. Reports must be generated on a regular cadence detailing time and date of the emergency request, the requestor’s name, role, and entity from which they called, which interpreter/s was/were contacted, whether the interpreter was deployed to the emergency, and submitted to MCDHH according to that cadence.

Required bidder characteristics and contract performance of the awarded vendor are as follows:

1. Core Requirement: Geographic Accuracy

· The bidder must have the ability to accurately determine the geography/location of each emergency.

· This is critical, as MCDHH will accept applications from Answering Services located outside of Massachusetts and ability to identify the location of the emergency is critical to successful operation of the AHE Service.

· The bidder must maintain and reference the AHE Region List to ensure the correct interpreters are contacted.

· There must be a protocol in place to verify the region before dispatching interpreters.

2. Protocols for Communication and Dispatch

· A clear, documented protocol must exist for:

· Determining the location of the emergency.

· Contacting the appropriate interpreters based on the region and type of emergency (legal, non-legal, backup, etc.).

· The bidder’s telecommunication system should support two-way communication (i.e., interactive dialogue) between interpreters and the Answering Service.

· Interpreters must be able to contact the answering service if they need:

· An additional interpreter. Many emergency assignments require more than one specialized interpreter. The two interpreters function as a team to ensure effective communication.

· Clarification of assignment details.

· The answering service should reference and act on the correct interpreter list(s) (on-call list, backup list, legal list).

· There must be a defined path of response:

· Example:

· “Need legal interpreter” → triggers Legal Interpreter protocol.

· “Need an additional interpreter” → triggers Backup List protocol.

· “Need team partner” → triggers Team Coordination process.

· These protocols and processes will be provided by MCDHH.

3. Follow-Up and Blast Procedures

· If no interpreter responds:

· The Answering Service must email all the interpreters on the back-up list (blast out) requests every 20 minutes for 2 hours.

· After 2 hours, they must check in with the requester to confirm whether an interpreter is still needed.

· If still needed, continue another 2-hour cycle of 20-minute blasts.

· If no response after 4 total hours of outreach, the case can be closed (“call it a day”) unless directed otherwise.

· The system should allow for time-stamped tracking of these attempts.

4. Flexibility and MCDHH-Specific Protocols

· The bidder must be flexible and willing to implement MCDHH-specific protocols.

· They must be trainable and open to receiving training from MCDHH on:

· Handling requests involving Deaf Interpreters (DI).

· Coordinating VRI (Video Remote Interpreting) when a DI is on-site.

· Understanding access needs and communication preferences of Deaf and hard-of-hearing clients.

· Dispatchers must be comfortable using VRS (Video Relay Service) and communicating effectively with Deaf individuals.

5. Customer Service Standards

· Excellent customer service is the top priority.

· Staff must be experienced in working with diverse populations, including individuals with sensory and mobility disabilities.

· They must demonstrate respect, responsiveness, and cultural competence in all interactions.

· Calls should be answered promptly — ideally within four rings (about 24 seconds).

6. Communication and Accountability

· The bidder must maintain clear, timely communication with MCDHH and respond promptly to any follow-up inquiries.

· They must provide a direct point of contact for MCDHH staff. The single point of contact must be identified in the bid response materials.

· The system must have an automatic call logging/reporting feature that:

· Tracks time stamps for incoming and outgoing calls.

· Generates reports on call volume, response times, and dispatch actions.

7. Reporting and Data Requirements

· The bidder must provide regular statistics and reports, including:

· Number of calls received.

· Response times.

· Interpreter dispatch data.

· Unfilled requests.

· Reports shall be submitted monthly, with quarterly subtotals and year-to-date totals.

8. Summary: Key Takeaways

· Geographic accuracy and regional protocols are non-negotiable.

· Must support two-way communication with interpreters.

· Must follow structured blast and follow-up timelines.

· Must demonstrate flexibility, training readiness, and strong customer service.

· Must maintain transparency, responsiveness, and data accountability.

These performance specifications will be incorporated into MCDHH’s contractual agreement with the successful bidder and will be subject to monitoring by MCDHH throughout the course of the contract. Should the Contractor’s performance fall below these service characteristics and requirements, the Contractor will be subject to a warning, progressive discipline and/or penalty as determined by MCDHH in conjunction with standards promulgated by the Commonwealth of Massachusetts Operational Services Division.[footnoteRef:2] Continued failure to meet these service characteristics and requirements may result in progressive sanctions up to and including contract termination. [2: Failure to perform contractual obligations as outlined in the Standard Contract Form, applicable Terms and Conditions, and RFR, including failure to respond to Category Management attempts to remediate contract compliance, may result in termination, suspension, or other available recourse and/or penalties. The Commonwealth is authorized to suspend, terminate or debar pursuant to M.G.L. Chapter 29, Section 29F, as amended, and pursuant to Section 4 of the Commonwealth Terms and Conditions. In addition, in the event the Contractor fails to make any payment when due, the Contractor shall be liable to the Commonwealth for all expenses, court costs, and attorneys' fees (including inside counsel) incurred in enforcing the terms and conditions of this Agreement.

9. Small Business Purchasing Program:

This procurement falls under the Small Business Purchasing Program requirements. The following language is required by the Supplier Diversity Office and Operational Services Division.

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. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’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 marked as an SBPP-registered business in COMMBUYS:

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

2. 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 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 Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current 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, including how to apply, visit the SBPP Webpage.

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

10. Supplier Diversity Program (SDP) Plan:

Pursuant to Executive Order 599 the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

The Supplier Diversity Office and Operational Services Division created a description of the Supplier Diversity Program that is a mandatory inclusion in all RFRs that fall under the Supplier Diversity Program Plan (SDPP) requirements.

The Supplier Diversity Program Plan is mandatory for goods and services with annual dollar value of $250,000 or more. This procurement does not fall under the SDPP requirements, and so the mandatory wording is not included.

11. Environmentally Preferable Products:

This language is taken from Operational Services Division’s Request for Response template. Its inclusion here is mandatory.

Products and services purchased by state agencies must be in compliance 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. Bid responses must identify how a contractor meets these goals.

12. Instructions for Submission of Responses:

Content of Bid Responses (Applications):

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create a Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote (bid response), please see Section 16.

· Part One is the Narrative Response. This portion includes but is not limited to the bidder’s qualifications to provide the service requested in this document. Bidder should refer to the item by number in its reply. If the bidder qualification addresses “knowledge” or “experience,” the bidder should comment on how that “knowledge” or “experience” was acquired.

1) Experience providing call answering and message processing services required; three years’ experience required and five or more years’ experience preferred.

2) Experience providing emergency call answering services required; three years’ experience required, five or more years’ experience preferred.

3) Briefly describe onboarding training of new operators and how bidder would ensure new operators correctly implement MCDHH’s protocols and procedures.

4) Briefly describe methods for ongoing quality assurance and quality control in service delivery.

5) Total number of operators working at the Call Center and their average years’ tenure; average number of operators working a midnight-to-9:00AM shift and their average years’ tenure.

6) Knowledge of Massachusetts’ geographical regions (i.e., cities and towns in each county) is required; comment on how this knowledge is verified.

7) Familiarity with location of Massachusetts cities and towns within the Commonwealth strongly desired.

8) Some knowledge and experience using electronic telecommunication with Sign Language users (VRS, VRI, texting, etc.) strongly desired.

9) Prior service to a Commonwealth of Massachusetts public sector agency strongly preferred.

10) Location within Massachusetts is strongly preferred.

11) Single facility location preferred.

· Part Two is the Cost Proposal. As noted in the introductory section of this document, the After-Hours Emergency Service receives approximately 250 calls annually and recent billing data indicates the After-Hours Emergency Service requires 300 to 400 minutes of service from the After-Hours Emergency Answering Service. The bidder should express its cost proposal in dollars per month, explaining clearly whether its basis is minutes of service (strongly preferred) or some other basis.

· Part Three are the attachments.

· The bidder’s organizational chart.

· Names and resumes for key personnel whom the bidder proposes for oversight and direct delivery of the services described in this document.

· Bidder’s procedure for addressing customer complaints.

· If applicable, copy of bidder’s Commonwealth of Massachusetts Small Business Purchasing Program certification.

· Three references for whom the bidder performed services like those the bidder is proposing to provide for MCDHH, including dates of service.

· Part Four are the required Commonwealth of Massachusetts forms. The only Commonwealth form that the bidder must submit with the RFR response is a completed Prompt Pay Discount form, which may be found here: Prompt Pay Discount Form. Additional Commonwealth forms must be completed by an awarded bidder. The complete list of Operational Services Division (OSD) forms may be found here: https://www.mass.gov/lists/osd-forms.

· Part Five is optional. The bidder may provide additional information that the bidder believes might be helpful for MCDHH to know. Part Five is limited to six pages.

MCDHH may, at its discretion, contact bidders for clarification of information it submits.

MCDHH may, at its discretion, invite a bidder for a virtual meeting with key staff.

MCDHH may, at its discretion, request a site visit of the bidder’s call center.

13. Evaluation Criteria:

Bid Evaluation Methodology: All bid response packages undergo an initial review by MCDHH’s Procurement & Contracting Manager. Only complete bid packages will be considered for further analysis and evaluation.

All complete bid applications will be analyzed and evaluated by a team convened by the Director of Communication Access Services. The scoring matrix, below, will be used for all bid responses.

Outstanding, Exceptional, Above Average

POINTS GIVEN:

Average, Adequate or Present

POINTS GIVEN:

Not Mentioned or Absent

MCDHH will negotiate a contract with the top-scoring bidder. If that is not successful, it will then proceed to the next-highest-scoring bidder successively until a contract is in place.

14. Estimated Procurement Calendar

(Eastern Time Zone)

Forum: Start date for Bidders to submit question to COMMBUYS Q&A

Wednesday, May 20, 2026 3:00pm

Bid Opening Date (Deadline for Bid submission)

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

15. Required Forms The following forms will be required either with the bid application or at the time of contract execution:

Standard Contract Form and Instructions

Prompt Pay Discount Form

· Submitted with bid package

Commonwealth Terms and Conditions

Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

Authorization for Electronic Funds Transfer

Contractor Authorized Signatory Listing

Bidders may be required to undergo CORI (Criminal Offender Records Information) checks to be eligible for contract execution. Massachusetts Criminal Offender Record Information (CORI) | Mass.gov.

16. Vendor Instructions Instructions for Vendors Responding to Bids / Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids/download

17. Required RFR Specifications – July 18, 2024 Update.

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. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

3. Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. Quote Content. Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

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 described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’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 marked as an SBPP-registered business in COMMBUYS:

· Have its principal place of business in the Commonwealth of Massachusetts;

· Been in business for at least one year;

· 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

· Have 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 Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current 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, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs. These may include but are not limited to the following examples: professional services (e.g., IT, legal, advertising, HR, accounting etc.), maintenance services (e.g., cleaning, landscaping, tradespersons services, etc.), office expenses (e.g., office supplies, furniture, IT supplies, etc.). Anything declared as a business expense in which a certified vendor is used would qualify.

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR.

Program Flexibility. The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, their subsidiaries, or affiliates as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA) but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

· Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, or the Women Business Enterprise National Council, but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide a description of supplier diversity businesses practices. Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports. After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Hub, Contractors must first create a profile in the Hub. Once registered, awarded contractors must report information such as, but not limited to, SDO or SDO-recognized SDP partner(s), spend with SDO partner(s), and total contract sales. Contractors must follow report submission instructions from the issuing department and the SDO.

SDP Spending Compliance. Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance. Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products). Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural, or horticultural commodities; the growing and harvesting of forest products; the raising of livestock, including horses; raising of domesticated animals, bees, and/or fur-bearing animals; and any forestry or lumbering operations.

9. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

10. Bidder Communication. 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 any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

11. Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

12. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

13. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

14. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page (www.mass.gov/lists/osd-forms). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

15. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

16. HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules).