RFR Amendment Issued 1.13.2020.docx

REQUEST FOR RESPONSE

STATEWIDE CONTRACT FOR Enterprise Temporary Help Services RFR #PRF71/ COMMBUYS Bid# BD-19-1080-OSD03-OSD03-40204

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Enterprise Temporary Help Contract

Agency Document Number: PRF71

COMMBUYS Bid#: BD-19-1080-OSD03-OSD03-40204

December 17, 2019

Amended: January 13, 2020

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the Operational Services Division Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The OSD reserves the right to reject unreasonable requests.

TABLE OF CONTENTS

Contents

A. Introduction and Bid Overview The Commonwealth of Massachusetts and the Enterprise Temporary Help Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Administrative Temporary Help Services. Temporary Help workers are defined by the Commonwealth of Massachusetts Human Resource Division (HRD) as “individuals who are engaged through a third-party vendor, to fill positions that are temporary in nature.” The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract, PRF71, will replace PRF57 for said service. The Contract will also be available for use by other Eligible Entities.

1. Description or Purpose of Procurement Currently, the Commonwealth of Massachusetts employs the single vendor model of providing temporary labor services to the different state agencies and other eligible entities across the Commonwealth. In this scenario, one vendor, the Prime, (engaging with several sub-vendors) supplies all the labor needs of the Commonwealth either from its own labor pool, or from those of its sub-vendors.

Under PRF71, the Operational Services Division (OSD) is looking to adjust its model of providing this service, by seeking a single Managed Service Provider (MSP) in the vendor neutral space of the labor industry. Under this model, the MSP, serving as the single point of contact for the Commonwealth will access all available and qualified labor providers in the temporary labor market. This MSP will allow for the Commonwealth of Massachusetts to benefit from the competition and quality of labor that exists among the vast number of suppliers that currently exist in the temporary labor market whilst not having a competing interest of its own as the MSP is itself not an employer of temporary labor. It is expected that under this model, all pre-registered staffing suppliers are given an equal opportunity to fill each request for labor made by the Commonwealth without the MSP giving preference to a specific supplier. Suppliers or labor providers are selected for each request based on criteria as defined by the Commonwealth. The MSP is restricted from deciding on its own, which orders are routed to any supplier.

2. Estimated Procurement Calendar

Please send email to the procurement contact named in this RFR (page 2) prior to the date of the conference for call in instructions

Training for Online Submission – Vendors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training January 13, 2020 Location:

web-based details to be posted later

One Ashburton Place, Boston Bidders will be notified and given at least one (1) week’s advance notice if they are required to do an oral presentation.

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.

3. Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SST outside of COMMBUYS or the Bidder’s Conference will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bidders and awarded Vendors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

4. 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.

5. Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. 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 SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

6. Pre-Bid Conference The Pre-Bid Conference is the physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional but is highly recommended since the MSP model being procured is new for the Commonwealth. Please refer to the Pre-Bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

7. Oral Presentations/Product Demonstrations Selected Bidders who are asked to participate in Oral Presentations / Product Demonstrations during the week of January 27-30, 2020. This will be attended by members of the sourcing team and the OSD’s technical team. Bidders are expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points or other action that the SST deems appropriate.

8. Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

9. Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SST will provide debriefing guidelines in advance of each debriefing.

10. Applicable Procurement Law:

11. Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

12. Anticipated Contract Awards:

Check One (“X”):

a. Estimated Number of Awards Under a MSP model, the target maximum number of vendors is one (1) with an unlimited number of labor suppliers whose services may be accessed through this vendor. The SST may however choose to award more contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory vendor performance (detailed in Section H) and compliance with reporting requirements.

b. Adding Vendors after initial Contract Award If, over the life of the contract, the SST determines that additional Vendors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary, to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The SST also reserves the right to suspend the review of additional submissions or close the Bid for new Quotes entirely if it deems that the number of Vendors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SST determines that additional Vendors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary, to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

13. Performance and payment time frames which exceed Contract duration All engagements 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 for a maximum time of six (6) calendar months beyond the final termination date inclusive of renewals and extensions. No written agreement shall extend more than six (6) months beyond the final termination date of this Statewide Contract. No new engagement for services may be executed after the Contract has expired. Any vendor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

14. Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

15. Anticipated Contract Duration:

Initial Duration

Total Maximum Contract Duration

16. Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $44.5M. This value is based on the performance of the present contract PRF57 and the sales over the last four-year period. It was derived by reviewing Vendor sales reports to Commonwealth of Massachusetts eligible entities for the period September 2014-February 2020.The Commonwealth makes no guarantee that any services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

B. Procurement Scope and Description The Commonwealth of Massachusetts and the PRF71 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Enterprise Temporary Labor Services for all eligible entities within the Commonwealth of Massachusetts. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed in Section 13. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for services acquired from this Statewide Contract. Vendors will be responsible for marketing their services to Commonwealth Agencies and other eligible entities.

C. Bidder Qualifications

1. Company experience

a. Business background Business background should clearly identify when the company was established and the services engaged in to-date.

b. Years in the industry of the Bid Bidders must have been in the business of providing temporary labor services for at least the three (3) most recent consecutive years prior to the RFR submission deadline indicated in the procurement calendar. In the case of companies formed fewer than three (3) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Preference will be given to firms who have three (3) or more years of consecutive experience using the vendor neutral model of providing the temporary labor services.

c. Bidders are also expected to answer the following questions as a part of their qualification:

· Has there been any audits done on your system for managing the service?

· If so, what were the results?

· Have you ever had penetration testing?

· How does your process/system protect personnel information?

d. Desired qualifications

· Bidders should describe their enterprise protocol/ business approach in place for supplier relationships and performance management.

The MSP will hold the sole accountability for the functionality and performance of the contract and may not relinquish the responsibility to its other suppliers. The management and coordination of the contract will include successful fulfillment of all contingent labor needs of the Commonwealth eligible entities, for all temporary help service categories identified herein (inclusive of all approved requests in the ‘other’ categories of this bid).

e. County List:

Barnstable Berkshire Bristol Dukes Essex Franklin Hampden Hampshire Nantucket Norfolk Plymouth Suffolk Worcester If the awarded vendor fails to provide services to all the counties listed, the SST has the option of removing the awarded vendor from PRF71 and replacing the vendor with the second highest ranked Bidder.

2. Employee and/or business technical/business experience, certifications, licenses

· Bidders should describe their experience as an MSP organizing and coordinating the services of multiple suppliers in a vendor neutral model of providing temporary help services similar to this RFR/ Bid.

· Bidders should describe their enterprise protocol/ business approach in place for managing sub vendor relationships and performance.

3. Financial stability including DUNS report, bankruptcy, litigation and contract defaults Bidders must identify their financial business model that will be able to support and fund their daily business as an MSP vendor under any contract awarded from this RFR.

Bidders are required to indicate their Dunn and Bradstreet number in their Bid, where one is available. Bidders are also required to provide the latest Dunn and Bradstreet report on their business’ performance. Where a Dunn and Bradstreet number is not available, or not provided in the bid response, the Bidder must provide a Certification of Good Standing from the Department of Revenue and Gross Income for the last three financial periods. Additionally, these Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges against the Bidder related to performance of the services sought under this RFR.

4. References and reference information and/or requirements Bidders are required to submit names and contact information of three (3) business references from customers with whom there is a standing relationship of a one (1) year or greater duration. References are due by the RFR due date as published herein or updated on COMMBUYS, whichever is later. References must include customers in different industries.

D. Largest customers in Massachusetts Bidders are required to indicate who their three largest customers are in the state of Massachusetts, the scope of the services being provided to these customers and the duration of the service relationship/contract.

Bidders must also provide a sample agreement that has been in place involving the services of suppliers using the vendor neutral model in the temporary help industry.

References do not have to be Massachusetts based.

E. Largest government customers Bidders are required to indicate who their largest government customer is, the scope of the services being provided to this customer and the duration of the service relationship/contract.

Note: References cannot include members of Strategic sourcing bid team who will identify themselves when contacted.

F. Background/CORI check requirements Bidders are asked to identity their standard pre-employment hiring practices and background investigation performed or required by the bidder on personnel that will be assigned to this contract that are consistent with industry standards.

Prior to any work engagement, the awarded Vendor shall obtain a Standard level Massachusetts CORI result for employment purposes check on all and any individual employees or suppliers who are to perform work on behalf of the Commonwealth or provide services to any Hiring Entity of the Commonwealth. Any associated costs are the responsibility of the Vendor. Results of the Standard level CORI check are to be revealed to the Hiring Entity before any work is engaged or employment begins. The Hiring Entity shall be responsible for requesting CORI checks of all suppliers through the MSP. Eligible Entities should use a CORI as required by Executive Order 495 and in a manner consistent with their own applicable laws, rules, regulations and policies. Hiring Entities are to utilize a uniform process for requesting CORI checks in order to maintain fairness and should be prepared to document their criteria for requiring CORI checks, if requested. A hiring entity may require a follow up CORI check based on the circumstances of their entity.

Within the Commonwealth, there are some eligible entities that require more extensive checks than the Standard level Massachusetts CORI checks. These will be specified by those agencies at the point at which the hiring managers make their request to the MSP for labor services. The successful MSP should be willing and able to ensure that these checks are conducted upon request.

There are more specific and additional requirements as it relates to back-ground checks and fingerprinting that may be required by some state agencies. The successful Bidder shall become aware of these additional requirements for each Agency in their initial meetings with the Hiring Managers and before the start of work. Refer to Appendix 10 for specific requirements for these checks when doing business with the Department of Revenue (DoR).

G. Department of Labor Requirements, other Legal Requirements All companies providing staffing services must be licensed by, or registered with, the Department of Labor and Workforce Development.

Go to http://www.mass.gov/lwd/labor-standards/employment-agency/employment-placement-and-staffing-agencies-program/ to learn about requirements and annual obligations.

H. Organizational chart

· Each Bidder must submit a copy of their Organizational Chart identifying staff by name (or initials), position title and responsibilities.

· Bidder must identify the temporary help qualifications and specialization of their Contract Manager. A minimum of one (1) year of leadership experience in the temporary help industry is required of the Contract Manager.

I. Business Capacity and Qualifications In tandem with the HRD Policy (Appendix 4), bidders must describe in detail, their approach to a competitive structure that generates competition and transparency between suppliers on a job-by-job basis.

· Describe how staffing requests are processed from the initial request to the fulfillment of the engagement.

· Identify your attendance structure, including electronic time sheets and service tracking mechanisms.

· Specify your company’s invoicing system, procedures and options.

· Describe your company’s ability to monitor and report the length of time and specific assignment of temporary help personnel for a hiring eligible entity to be in compliance with Commonwealth HRD Policy (see Appendix 4).

· Describe your company’s methodology of recruiting, hiring, selecting, testing, identifying applicant experience, checking background, verifying reference, training, retaining and replacing temporary help staff. This should include reference checks which are performed before placement of temporary help workers.

· Describe how your company will conduct quality assurance checks to verify that requirements were fulfilled by assigned temporary help staff and that the customer/hiring eligible entity was satisfied with performance.

· Describe in detail your automated online system for end-users.

Bidder must identify their ability to supply all temporary help job categories as identified herein.

J. Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, vendors may be asked to supply the Commonwealth with the services under the Statewide Contract on a priority basis. The Bidder’s Quote should include the following:

· Indicate whether there is a written Continuity of Operations Plan (COOP) describing how the company will continue to do business in case of an emergency.

· A list of emergency contact information including name, position/title, phone, email and cell phone.

· A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

· A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

K. Service Requirements The MSP will be accountable for all functionality, performance and record keeping of the managed services. This will require and include:

· Through an automated web-based application, effective management and coordination of temporary help services with end users including:

· Request Coordination & Communication

· Screening & Recruitment

· Invoicing

· Time Cards Approval and Reporting as requested.

The awarded MSP must fully understand and conduct its business of temporary help placement in accordance with the Commonwealth’s HRD Temporary Worker Policy (Appendix 4). Bidders’ submitted response must align with the Section 3-Specifications of this bid.

Service Categories for PRF71- In this bid, job classifications are organized into two service categories:

· Main Service Category Administrative Support to include Executive Administrative Functions

Customer Service

Data Entry Operator

Receptionist

Receptionist

Paralegal

Accounting Support

Clerical Support

Eighty percent of the Commonwealth’s concentration of spend for temporary help services falls within the seven job classifications identified above. These Job classifications: Administrative Support to include Executive Administrative Functions, Customer Service, Data Entry Operator, Receptionist, Paralegal, Accounting Support and Clerical Support positions are the most requested temporary help assignments by hiring entities throughout the Commonwealth under the current Statewide Contract PRF57. Restructuring of job classifications for the Enterprise Temporary Help Services contract PRF71 RFR bid is intended to identify and achieve significant cost savings and quality improvements across these seven job classifications.

· Other Service Category The Other Service Category consist of job classifications that include but may not be limited to: Program Support, Legal Administrative Support, Data and Research Analysts, Project Coordination, Accounting Position and Accounting Support, Medical Administrative Assistant, Light Labor and Light Industrial Labor, HR/Payroll Assistant, Telephonic Operator, among others.

· Exclusions in the Service Categories: PRF71 specifically excludes information technology and service categories related to direct care to patients.

The Contract resulting from this bid will be the sole Statewide Contract used by Executive Agencies of the Commonwealth for the temporary help services categories described herein. The Statewide Contract will also be available for use by other eligible hiring entities as described in Section 13. The Awarded MSP will be required to execute all the Commonwealth’s Contract Terms and Conditions and other documents listed in this RFR.

Each Commonwealth Agency and eligible hiring entity is responsible for executing its own purchase orders and paying its own invoices for temporary help services acquired from this Statewide Contract/ Master Blanket Purchase Order (MBPO). The MSP will be responsible for marketing its services to Commonwealth agencies and other eligible entities.

L. Evaluation Criteria Vendors 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.

Any submission which 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 can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

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

1. Mandatory Requirements Mandatory Specifications must be met for a Quote to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

All requirements listed in the evaluation criteria are mandatory. Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

2. Alternatives Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated Bid specifications. These alternatives may include related services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

3. Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Proposal Response:

· Business Experience, Capacity & Qualifications

· Business Financial Soundness

· Prompt Pay Discounts

· Supplier Diversity Plan

· Professional References

· Price

· Technical Capabilities

· Customer Service Price Please note that price will carry a significant weight in the evaluation process. The SST aims to identify the vendor that will provide the most value to the Commonwealth which takes into account the cost of the provision of the service to the States’ Eligible Entities.

The following price components will be evaluated:

· MSP Fee

· Payroll Fee

· Fixed Mark-up

· Conversion Fee

· Prompt pay and volume discounts

4. Supplier Diversity Plan (minimum of 10% weight) The SDP form must be completed for this Statewide Contract. Bidders that have questions regarding this form or what businesses to partner with may contact the Supplier Diversity Office (SDO) by phone at 617-502-8851 or by email at sdp@mass.gov.

M. Statewide Contract Specifications

1. Use of COMMBUYS Bidders and awarded Vendors are required 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 Sourcing Department, including requests for clarification. The Sourcing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Vendor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Vendor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded vendor and the Sourcing Department to be lost or rejected by any means including email or spam filtering. Awarded vendors must comply with applicable COMMBUYS requirements outlined in this section.

Specifications PRF71 awarded contract targets one single vendor with multiple labor suppliers. The single vendor, herein referred to as the Managed Service Provider (MSP), will be responsible for fulfilling the temporary help requirements of the State Agencies and other eligible entities, through its access to labor suppliers. Bidders must observe the Commonwealth’s HRD Temporary Help Policy as well as propose how they would maximize competition on a job-by job basis.

When filling temporary vacancies, the PRF71 awarded vendor will be required to:

· Propose and implement its competitive structure to manage on-going competition between suppliers allowing hiring entities to seek competing quotes on a job-by-job basis.

· Propose and implement a compensation structure/ pricing model that reduces cost to the Commonwealth on an on-going basis. See Section 2

· Use state approved performance measurement tools to maintain rigorous and transparent record keeping.

· Maintain Commonwealth established minimal level of customer satisfaction and response times as determined by the Commonwealth

· Must provide monthly performance and other relevant use and spending reports as determined by the Commonwealth

· Must create a reporting dashboard available to the Commonwealth to track performance and other relevant statistics at any given time

· Must demonstrate appropriate ongoing successful management of all suppliers, including tracking performance measures, customer service and reporting to the Commonwealth accordingly

· Provide and maintain/ support a user self-service style platform for the approval of time, tracking relevant statistics, making and responding to requests for service, reporting and other relevant services related to the engagement.

· Provide strong professional references.

2. Public Records Law All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted Quotes that are inconsistent with these statutes shall be disregarded.

3. Reasonable Accommodation Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

4. Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST 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 using the contact information provided in the Header Information of 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 Helpdesk (see the document cover page for contact information).

5. Non-Collusion 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 or action with, any other Bidder of the services described in the RFR.

6. Minimum Quote Duration Bidders’ Quotes to this RFR must remain in effect for at least 180 days from the date of Quote submission.

7. Ownership of Submitted Quotes OSD and the SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. 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 their COMMBUYS account, as long as their account is active.

8. Multiple Quotes Bidders may not submit Multiple Quotes in response to a Bid. 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.

9. Evaluation – Best Value Selection and Negotiation The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

N. Scope of Services Authorized

1. Services: Provision of Temporary Labor Services RFR PRF71 is a solution-based procurement meaning that the type of services and scope of work will be generated on a case-by-case basis. It is a requirement of any Statewide Contract (SWC)/ Master Blanket Purchase Order, resulting from this RFR/ Bid that, prior to starting any project; the Eligible Hiring Entity and the awarded MSP execute a Statement of Work (SOW) as a sub-agreement before any work begins. The SOW should include the following specifications:

· Work schedule with performance date(s), time(s), and location(s);

· Detailed scope of services to be provided;

· Clearly identified roles and responsibilities for the MSP, the suppliers and the Commonwealth Rate(s) that applies for engagement(s);

· Scheduled payments and payment terms

· Performance metrics and sanctions established by the Commonwealth to be imposed when metrics are below established standards

· Tools established by the Commonwealth to measure customer satisfaction

· Reporting schedules and metrics established by the Commonwealth to be included

· Delivery requirements that are added by the Hiring Entity that do not conflict with PRF71;

· Materials to be provided by the awarded supplier or the MSP and materials to be provided by the Hiring Entity, if any;

· Conditions under which a supplier employee is unacceptable and an associated action plan inclusive of costs is identified.

2. Compensation Structure/Pricing.

Bidder must submit cost of providing the service, as required in Appendix 9, Cost Tables. The maximum mark-up rates charged by a Bidder must be all inclusive of: payroll and associated payroll costs (FICA, FUTA, SUTA, workers compensation etc., benefits, materials including copying and printing, ALL TRAVEL considerations (except as noted in Sec 3.3.4. “Travel expenses and all other expenses”), communications costs, and any other ancillary charges. The maximum mark-up agreed between the Bidder and the Commonwealth shall be final for the duration of PRF71.

Ancillary Costs/ Expenses The awarded MSP will not be reimbursed separately for ancillary costs associated with the delivery of temporary help services that were not clearly defined in the Statements of Work (SOW) negotiated with eligible hiring entities. The awarded vendor must provide invoices within thirty (30) calendar days of service. There may be a fee charged to the Commonwealth for the following unexpected events:

· Cancellation charge for an assignment canceled by an Eligible Hiring Entity after 4:00 p.m. the day preceding scheduled arrival of an Employee(s) provided the Vendor cannot reach the assigned temporary worker in time to stop them from leaving for the assignment. Notification from the Eligible Entity should either be by phone, email or through the vendor’s portal.

· Any appointment canceled by the eligible hiring entity at the site, for any reason;

· Any appointment in which the performance time for services is for less than one full hour;

· Other extenuating circumstances approved by the eligible hiring entity;

· Vendors may waive the one-hour fee if negotiated and agreed to with the eligible hiring entity in writing prior to the delivery of service; and

If there is a substitution of a temporary help worker other than the temporary help worker agreed to in the SOW, notification must be made by the MSP in advance of the assignment start time/date. Should a replacement temporary Help Worker arrive at the hiring manager’s work site without notification, there will be no charge to the Commonwealth if the temporary help worker is not utilized.

Pricing Markup for Temporary Help Services Categories The hourly pay rate charged to any Commonwealth eligible hiring entity will be based upon a maximum mark-up of the hourly pay rate for the temporary help worker. Markup is the fee charged over and above the hourly wage paid to the temporary help worker.

Pricing Direct/Executive Hire A direct-hire or contingency fee is for the service provided, until the candidate represented by the vendor accepts and starts a position with the Eligible Hiring Commonwealth Entity. The fee for this service will be presented as a percentage of the hired candidate’s annual starting salary only after a candidate begins employment at the Commonwealth. Bidders must state their warranty policy

Project Based Compensation The awarded Vendor may be asked by an Eligible Hiring Entity to provide a project-based price instead of what has been established by the hourly rate (see Pricing above) under this bid. Under such requests the Vendor must include any and all ancillary services in the project price. Eligible Hiring Entities under no circumstance will pay additional services related to project-based procurements outside of what has been agreed beforehand.

Conversion Policy The awarded Vendor must arrange with its suppliers to follow the conversion policy for hiring a Temporary Help Worker as a state employee, without a fee to the Commonwealth after the individual has fulfilled any Commonwealth or eligible entity assignment generated from any contract resulting from this RFR according to the bid submitted for PRF71. This period of time will be negotiated with the Awarded Vendor and posted for all eligible entities to see.

Cancellation Charge for Assignment A Vendor may impose a cancellation charge for an assignment canceled by an Eligible Hiring Entity after 4:00 p.m. on the day preceding the assignment date. (see ancillary costs/expenses). However, should the cancellation be provided after less than 2 hours and/or after 4:00 p.m. the preceding day the vendor must make an effort to communicate to the Temporary Help Worker, by phone and email. Should the Temporary Help Worker arrive for the assignment, the Commonwealth may be charged up to three (3) hours of billing as a “show up” fee.

Prompt Payment Discounts (PPD) All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments.

Bidders must submit agreeable terms for Prompt Payment Discount unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

There will be NO waiver of the Prompt Payment Discount under PRF71, please submit prices accordingly.

a. Cost tables Compensation will be based solely on the cost tables supplied by the Bidder and accepted by the SST and incorporated into a cost table on COMMBUYS. Bidders must submit only their highest pricing costs for each temporary help job classification, as identified herein. The submitted pricing will be ceiling pay rates to be further negotiated by eligible hiring entities and the MSP on a job-by job basis. Eligible hiring entities and the MSP may establish a lower hourly pay rate for any assignment but must not establish a pay rate above the ceiling pay rate approved by SST and listed in the cost tables.

Cost tables must contain all services to be provided on this Statewide Contract. Compensation will be based on these cost tables, which will form the basis for the Vendor’s pricing in COMMBUYS.

Bidders must agree to comply with the Prevailing Wage Law, as administered by the Commissioner of Labor and Workforce Development/Division of Occupational Safety (DOS), 399 Washington Street, 5th Floor, Boston MA 02108-5223, (617) 727-3492. All suppliers of Vendors engaged in these activities must be paid at least these rates for any work performed under a Contract resulting from this RFR when working in a public building or on a public work.

i. Hourly or Fixed-price fees

ii. Commuting expenses Commuting expenses will not be reimbursed.

If during the life of the contract, there are changes to the government stipulated minimum wage rates, then the Commonwealth will make the required adjustment to the labor component of the contract rates. Please note that this will not be used as an opportunity for the vendor to increase the contract rate for markup, operating expenses or any other costs.

O. Standard…