RFR-27-05773 Work Authorization Counsel Support~1.docx

REQUEST FOR RESPONSE

WORK AUTHORIZATION COUNSEL SUPPORT

RFR # 27-05773/ COMMBUYS Bid# BD-27-1060-ITD00-ITD00-134455

ISSUE DATE: October 14, 2026

1. Description or Purpose of Procurement:

The Executive Office of Technology Services and Security (EOTSS) is evaluating whether it can sponsor a prospective or current employee for authorization to work in the United States. The agency has not determined which, if any, immigration category is appropriate. It seeks outside counsel with demonstrated expertise in employment-based immigration, including representation of public-sector employers, to assess the available options and the requirements associated with each.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

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

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is one (1); 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

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

Initial Duration

Renewal Options

N/A

Total Maximum Contract Duration

8 month

7. Contract Performance and Business Specifications:

The primary objective of this engagement is to secure outside counsel with demonstrated expertise in immigration law and provide EOTSS with practical legal assessment of whether sponsorship is available and advisable for the position(s) and individual(s) under consideration. Counsel should identify the most viable immigration pathway, explain the agency’s obligations, costs, timing, and material risks, and recommend the steps needed to proceed.

Scope of Work

The selected legal counsel will be expected to provide the following services:

1. Review relevant facts concerning work position(s), proposed duties, qualifications, employment arrangement, and current immigration and work authorization status of individual worker(s).

2. Evaluate potentially applicable immigration pathways, including H-1B and any other category counsel determines may be suitable. Address eligibility, filing requirements, timing, numerical limits or exemptions, and any issues specific to a state agency employer.

3. Identify employer obligations and constraints, including wage and recruitment requirements, record keeping, filing fees, ongoing compliance duties, and any restrictions on who may pay particular costs.

4. Provide a written recommendation comparing viable options, explaining material uncertainties, risks, and estimated timelines, government fees, legal fees, and the information or decisions needed from the agency.

5. Meet with agency Legal and Human Resources staff to discuss the assessment and answer follow-up questions.

6. If the agency decides to proceed, counsel may be asked to assist with preparation and filing of the necessary applications or petitions, subject to separate written authorization and agreed fee.

Deliverables

• Legal memorandum evaluating available immigration and work authorization options, including eligibility requirements, employer sponsorship obligations, anticipated timelines and recommended next steps.

Qualifications Required

Term of Engagement

This engagement is expected to begin upon execution of the procurement contract and continue through successful completion of the legal memorandum and any related consultation.

Compensation

Compensation will be provided in accordance with the Commonwealth’s procurement rules and the agreed-upon contract terms. Bidder shall proposed a fixed price and hourly, Time and Materials rates for services sought or anticipated additional, related services as needed.

8. Small Business Purchasing Program Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599to 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.

9. Environmentally Preferable Products 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.

10. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

1. Specialized Immigration and Government Experience: Firm and lead attorneys have greater than 5 years of relevant law practice and proven work with government clients.

2. Timeline Alignment: Ability to deliver against the Commonwealth’s urgent timeline.

3. Transparent Cost Structure: Detailed, budget-friendly pricing with no hidden fees.

4. Basic Compliance: Active law license in MA, Professional liability insurance, and clean bar association standing.

5. Conflict of interest check.

11. Instructions for Submission of Responses:

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

1. Cover letter: Statement of Interest.

2. Firm profile: History, size, practice focus, and attorney bios

3. Pricing Proposal: Line-item breakdown, hourly rate, estimated number of hours, flat fee rate, and applicable filing fee estimate. Total cost, payment plans and terms (subject to Commonwealth Standard Contract Terms and Conditions).

Any submission that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

12. Estimated Procurement Calendar

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

a. Online Questions (Bid Q&A) Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

c. Estimated Contract Start Date This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

13. Required Forms Responses to this RFR must contain the following:

The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).

14. RFR Attachments Appendix A: Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids

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.

Updated: August XX, 2021