RFR Arbitrator Services for Lemon Law Arbitration Program.docx

REQUEST FOR RESPONSE

ARBITRATOR SERVICES FOR LEMON LAW ARBITRATION PROGRAM

RFR Number

COMMBUYS Bid Number

1. Description or Purpose of Procurement:

The Lemon Law Arbitration Program, as specified under M.G.L. c. 90, §7N ¼ and §7N ½ and 201 CMR 11.00, allows for certain disputes between consumer purchasers of new and used motor vehicles and manufacturers, dealers and lessors of these vehicles to be submitted to state-certified arbitration. The Office of Consumer Affairs and Business Regulation (OCABR) provides the daily administration services for the Lemon Law Arbitration Program and is seeking a qualified pool of arbitrators to hear cases and to render decisions according to procedures outlined in 201 CMR 11.00.

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 number of contractors is 8 with a maximum of up to 12; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award This is a “Rolling Enrollment” RFR, which means that after the initial award process, bidders may submit responses at any time during the life of the procurement. On a quarterly or as-needed basis, the OCABR will evaluate these responses using the same criteria used in the initial award process. The OCABR reserves the right to limit the number of arbitrators in a particular geographical region and has the sole discretion in determining adequate capacity.

5. Entities Eligible to Use the Resulting Contract

· [Identify additional Eligible Entities by name]

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

Initial Duration

Any contract resulting from this RFR shall be for an initial duration of three (3) years with an option to extend the contract up to two (2) additional three (3) year periods at the same terms and conditions, incorporating any mutually agreed-upon modifications. The Contract will be executed for this Initial Duration and will run from the Contract Effective/Start Date (execution date) for this Initial Duration.

Renewal Options

Two options to renew for (3) years each.

Total Maximum Contract Duration

(3) Years for the Initial Term Plus (2) (3 year) Renewal Periods for a total of (9) years.

7. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement: ?

Arbitrators will be compensated directly by the Commonwealth a fee of $150 per arbitration hearing.

A hearing should last no longer than two (2) hours. If the arbitrator determines that additional hearing time is necessary to obtain sufficient evidence to render an award, the arbitrator may extend the hearing time. (The hearing may also be extended upon the agreement of each of the parties and the arbitrator.)

Arbitrators may not charge for site inspections, travel time, writing decisions, consultations with officials or other professionals, incidentals, etc.

8. Contract Performance and Business Specifications: Independently hear cases and issue decisions.

Scope of Services: This RFR will establish a list of pre-qualified arbitrators that will be available to arbitrate disputes between consumer purchasers and lessees of new and used motor vehicles and manufacturers, dealers, and lessors of these motor vehicles, as specified under M.G.L. c. 90, §7N ¼ and §7N ½ and 201 CMR 11.00. OCABR provides the centralized administration of Lemon Law Arbitration cases, including, but not limited to, screening requests for eligibility; scheduling hearings with pre-qualified arbitrators; sending appropriate notices and decisions to the parties; and other administrative duties.

Arbitrators will resolve disputes between consumer purchasers and lessees of new and used Motor vehicles, and manufacturers, dealers, and lessors of these products by issuing a determination through procedures outlined in 201 CMR 11.00.

a) Arbitrator Appointment: The OCABR will appoint an arbitrator for an accepted case. All arbitration hearings take place via Teams videoconferencing or by other means as designated by OCABR’s Lemon Law program coordinator. A hearing may take place in-person in extraordinary circumstances as determined by OCABR. An in-person hearing must take place in a neutral location within a 50-mile radius of the residence of the complainant. Appointment to the pool will not constitute any guarantee that an arbitrator will be entitled to be assigned to some minimum number of cases or any at all.

While the choice of the arbitrator is not subject to the approval of the parties to the arbitration, if the arbitrator is currently, or has been in the past, employed by a manufacturer, dealer, or lessor of motor vehicles, or if the arbitrator has been the claimant or respondent to any action pursuant to M.G.L. c. 90, §7N ¼ and §7N ½ and 201 CMR 11.00, the arbitrator must disclose this fact to the parties prior to the hearing. Either party then has the option to request another arbitrator.

b) Arbitrator Duties: Arbitrators must apply the standards set out in M.G.L. 90, §7N ¼ and §7N ½ and 201 CMR 11.00, and issue typed decisions with findings of fact that provide a basis for their decisions. The decision shall only determine whether the motor vehicle does or does not meet the standards for refund or replacement, a clear calculation of the monetary award if the motor vehicle meets such standards and an order if appropriate. Arbitration must be conducted in a manner which allows for a full and fair proceeding, even if a party is not represented by counsel. Arbitrators are required to host the arbitration hearing, record the hearing as required by 201 CMR 11.10 (2) and provide an audible copy of the recording to OCABR per the Mass. Public Records law to comply with public records requests, and any litigation arising from the matter following arbitration. Arbitrators must ensure the personal objectivity and impartiality of the arbitration process and may not have any personal interest in the outcome of the hearing, nor hold any prejudice or bias toward any party or participant. Arbitrators may be subject to training sessions specific to the provisions of M.G. L. c. 90, §7N ¼ and §7N ½ and 201 CMR 11.00 every 3 or more years.

Commodities being Procured: Arbitrators Independently hear cases and issue decisions.

Fiscal Terms: Arbitrators will be compensated directly by the Commonwealth a fee of $150.00 per arbitration hearing. This fee is payable solely by the Commonwealth of Massachusetts.

A hearing should last no longer than two (2) hours. If the arbitrator determines that additional hearing time is necessary to obtain sufficient evidence to render an award, the arbitrator may extend the hearing time. (The hearing may also be extended upon the agreement of each of the parties and the arbitrator.)

Arbitrators may not charge for site inspections, travel time, writing decisions, consultations with officials or other professionals, incidentals, etc.

Performance Measures: Arbitrators will be evaluated on their responsiveness to OCABR inquiries, timely submission of decisions, and compliance with arbitration rules and regulations, as specified in 201 CMR 11.00. The OCABR reserves the right to remove an arbitrator from the pool due to unsatisfactory performance.

9. Small Business Purchasing Program FOR PROCUREMENTS WITH ANNUAL VALUES EQUAL TO OR LESS THAN $250,000.

Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established 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.

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.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

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, or 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 U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), 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 an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

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 and Compliance After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages 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. 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.

10. 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.

11. 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.

Arbitrator Qualifications:

1. Arbitration Experience: at least one (1) of the following:

a. Minimum of 3 years of professional experience; or

b. Affiliation with and accountability to a dispute resolution organization in existence for at least 3 years; or

c. Appointment to arbitrate by a judicial or governmental body for at least 3 years.

2. Demonstrated ability in dispute resolution.

3. Must own or have access to a portable digital recorder to record hearings.

4. Arbitrators are required to host the arbitration hearing and ensure that they successfully record their arbitration hearings, independent of OCABR, per 201 CMR 11.10 (2), and submit an audible hearing recording on an accessible electronic format to OCABR to ensure compliance with the Massachusetts Public Records law and regulations. The recording must be labeled with arbitrator’s name, case number, and date of hearing.

5. Must have ability to scan and send documents electronically.

6. Must have a valid email address and phone.

Description Of Evaluation Criteria: The Office of Consumer Affairs and Business Regulation will qualify bidders for inclusion in the arbitrator pool based upon the following criteria:

a. the bidder’s qualification and experience as an arbitrator;

b. the bidder’s ability to provide the services outlined in the “Scope of Services” section.

c. the bidder’s qualification and experience with dispute resolution;

d. the availability of the bidder to provide arbitration services;

e. completion of all required attachments;

g. the quality of the bidder’s response; and

f. past performance of bidders who have served as arbitrators for the OCABR.

Submission of Responses: Bidders applying for inclusion on the list of pre-qualified arbitrators must submit the following:

· A cover letter outlining his/her qualifications as specified in the RFR;

· A resume detailing his/her arbitration and dispute resolution experience;

· *An identification of the following geographic region (MA Counties) in which he/she will be available for in-person hearings, when needed: Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin. Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, Worcester; and

· *An estimate of the number of arbitration cases for which he/she would be available to serve during a calendar year.

NOTE: The Office anticipates providing approximately 50-70 arbitration hearings per calendar year.

*These required items may be in narrative form. Please include in a cover letter or on a separate sheet.

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.

12. 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.

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.

13. Estimated Procurement Calendar

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

2/19/2024

5:00 PM

Official Answers for Bid Q&A published (Estimated)

2/23/2024

5:00 PM

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

c. 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).

d. 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.

14. Required Forms Responses to this RFR must also contain the following documents

form_commonwealth-terms-and-conditions.pdf (macomptroller.org)

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

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

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