RFR DLR Electronic Election_5.7.25~1.pdf

Commonwealth of Massachusetts

Executive Office of Labor and Workforce Development RFR

Commonwealth of Massachusetts

Executive Office of Labor and Workforce Development (“EOLWD”)

On Behalf of the Department of Labor Relations (“DLR”)

Request for Response

COMMBUYS Bid Number: BD-25-1043-DAO01-32500-113348

May 7, 2025

IN ACCORDANCE WITH M.G.L. C. 66 AND M.G.L. C. 4, § 7 (26), THIS RFR AND ALL RESPONSES

HERETO, INCLUDING THE WINNING BID, SHALL BECOME PUBLIC RECORD, AND MAY BE

OBTAINED FROM THE EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT BY

SUBMITTING A REQUEST AT THE DEPARTMENT OF LABOR STANDARDS. ANY PORTIONS OF A

RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD.

1. General Procurement Information

A. General Information

Purchasing Entity: Executive Office of Labor and Workforce Development (EOLWD) on behalf of the Department of Labor Relations

(DLR)

Address: 100 Cambridge Street, Suite 500, Boston , MA 02114

Procurement Contact: Carol M. McQuilken

Telephone: 617-626-6529

E-Mail Address: carol.m.mcquilken2@mass.gov https://www.mass.gov/department-of-labor-relations-public-records-request mailto:carol.m.mcquilken2@mass.gov

REQUEST FOR RESPONSE

EOLWD Electronic Election Services

BD-25-1043-DAO01-32500-113348

This Request for Response (“RFR”) does not commit the Commonwealth of Massachusetts (“Commonwealth”) or EOLWD/DLR to select a Bidder, approve a Statement of Work, pay any costs incurred in the preparation of a Bidder’s response to this RFR, or to procure or contract for productor services. EOLWD/DLR may (i) accept or reject any and all proposals received as a result of this RFR; (ii) contract for some, all, or none of the products and services offered by Bidders in response to this RFR; (iii) negotiate with one or more of the qualified Bidders; or (iv) cancel, in part or in its entirety, this RFR if it is in the best interest of the Commonwealth to do so.

EOLWD/DLR may amend this RFR at any time prior to the date responses are due. Any such amendment will be posted to the Commonwealth’s e-procurement platform, COMMBUYS (https://www.commbuys.com). Bidders must submit their bids through COMMBUYS. Bidders are advised to check COMMBUYS regularly, as this will be the sole method used for notification of changes.

B. Order of Precedence

The agreement resulting from this RFR shall consist of the following documents in the following order of precedence:

(1) the Commonwealth Terms and Conditions or the Commonwealth Terms and Conditions for Information Technology Contracts, as applicable;

(2) the Commonwealth Standard Contract Form;

(3) this RFR [BD-25-1043-DAO01-32500-113348/EOLWD/DLR Contact Center Adjunct Services] (including all amendments, Purchasing Entity answers to related Bidder questions and clarifications hereto);

(4) any agreement negotiated between and executed by EOLWD/DLR and Bidder; and

(5) the Bidder’s response to this RFR (including all amendments, clarifications, and best and final offers).

https://www.commbuys.com/bso/ https://www.commbuys.com/bso/

C. Event Calendar

Procurement Activity Date Time

RFR Release Date 05/07/2025 2:00 pm Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

05/13/2025 2:00 pm

Official Answers for Bid Q&A published (Estimated)

05/20/2025 2:00 pm

Deadline for Responses (“Bid Opening Date/Time” in COMMBUYS)

05/27/2025 2:00 pm

NOASB Posted in COMMBUYS (Expected) 06/03/2025 Contract Start Date (Expected) 06/16/2025

2. Purpose of Procurement:

The Commonwealth of Massachusetts Executive Office of Labor and Workforce Development is soliciting Bidders for the acquisition of electronic election services. Ballot Question #3 (M.G.L. c.

150F) passed on November 5, 2024, and became effective January 3, 2025, providing for unionization and collective bargaining for transportation network drivers. EOLWD/DLR will be responsible for conducting an election, if necessary, to determine whether a union would be certified to represent these transportation network drivers. The purpose of this RFR is to determine the best path forward to procure the services of a qualified vendor to manage the life cycle of such elections.

2. Applicable Procurement Law

Check Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

3. Acquisition Method:

Check All Applicable (“X”): Category

☒ Fee-For-Service

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

Check One (“X”):

☒ Single Contractor

a. Estimated Number of Awards

The target maximum number of Vendors is one; EOLWD/DLR may award more or fewer contracts if it is in the best interests of the Commonwealth to do so.

If, over the life of the contract, EOLWD/DLR determines that additional Vendors may be added, these may be drawn from qualified companies that responded to this solicitation and not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional bids.

5. Entities Eligible to Use the Resulting Contract Check One (“X”): Eligible Entities

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

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

Contract Duration

Number of Options Number of

Years/Months Instructions

Initial Duration

3 years 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

Possibility for two

(2) one year renewals

Identify the duration of options to renew and the number of such options (e.g. “two options to renew for one year each”).

Total Maximum Contract Duration

5 years Initial Number of Years/Months for the Initial Term Plus All Renewal Periods.

7. Contract Performance and Business Specifications:

Scope of Services: EOLWD/DLR requires a system that utilizes information from a written and approved Election Agreement/Direction of Election combined with data provided by aTransportation Network Company (TNC) to facilitate the running of electronic elections. EOLWD/DLR will oversee the election.

The vendor’s system shall allow access for agents to the system to import data, to facilitate the automatic generation of unique documents for each voter which will be emailed to the voter by the system or by

EOLWD/DLR.

The vendor’s system shall allow voters to vote by logging into a computer website and voting on the website. Log-ins shall be permitted from a computer on a network or a smartphone. The ballot system shall require ‘Access Credentials’ for voters and specified EOLWD/DLR officials shall have access to all election/voting data. The ballot system shall permit EOLWD/DLR to conduct an election from beginning to end without requiring the direct, personal involvement of the vendor. The vendor will provide technical support to EOLWD during the election period.

EOLWD/DLR requires e-voting ballots for elections among one voting group. The system shall be able to authorize ballots for large elections of more than 70,000 voters and have multi-language support and usability for diverse populations. The system shall automatically be able to generate two documents; One for an election-specific notice of election by internet and two, for a voter-specific instruction for each voter voting by internet from data included by EOLWD/DLR in the ballot definition. This automation process shall verify the documents exactly match the information entered by the administrator when authoring the ballot.

Bidders should take note that EOLWD/DLR may not need to use the selected Bidder in the first year or two of the contract term. For instance, if one union provides sufficient showing of support to EOLWD/DLR, and no other union comes forward to challenge, EOLWD/DLR can certify that union as the exclusive representative without an election. Bidders can only bill EOLWD for elections that are conducted.

However, EOLWD/DLR may need election services in later years. One scenario is if the drivers want a vote to decertify the union, EOLWD/DLR would need the selected Bidder’s services to run an election. A second scenario is where the parties reach an impasse in negotiations. EOLWD/DLR would need the selected Bidder’s services to run an election to determine whether to send the parties to binding arbitration. Both of these two scenarios would not take place for at least a year or so after the initial engagement with the selected Bidder.

8. Invoicing and Payment

All payments made pursuant to this agreement shall be made in accordance with the Commonwealth of Massachusetts Bill Paying Policy. Bidder may propose a prompt pay discount, as provided in the Commonwealth Standard Contract Form. EOLWD shall make payments only after it has accepted an invoice and shall have the right to withhold payment on disputed portions of invoices until such disputes are resolved with the Selected Vendor.

Invoices may be subject to offset in the amount of any credit funds due from the Selected Vendor. See Commonwealth’s payment policy at: https://www.mass.gov/service-details/understanding-commonwealth-payments

9. Submission Requirements and Evaluation Criteria

Bidders 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.

https://www.mass.gov/service-details/understanding-commonwealth-payments https://www.mass.gov/service-details/understanding-commonwealth-payments

Submission Requirements:

• The Bidder must present a detailed proposal outlining the process and how the outcome will be achieved (refer to Section 7. Contract Performance and Business Specifications)

• The Bidder must detail its qualifications

• The Bidder must describe its experience in running elections of similar scope

• The Bidder must include examples of related work and prior experience working with an entity similar in size and scope to EOLWD/DLR

• The Bidder must provide a timeline

• The Bidder must provide a budget

Evaluation Criteria:

Security:

• Ensuring end-to-end encryption

• Safeguarding against unauthorized access, hacking and tampering

• Use of robust authentication mechanism for voters

Accuracy:

• Precise capture and recording of voter intent

• Verification mechanisms to ensure no data corruption or errors

Accessibility:

• Compliance with accessibility standards for individuals with disabilities

• Multi-language support and usability for diverse populations

Transparency:

• Clear audit trails

• Allowing independent verification of results and processes

Reliability:

• Consistent system uptime during critical election periods

• Redundancy failover mechanisms in case of technical issues

Privacy:

• Protecting voter anonymity

• Ensure that no identifiable voting data is disclosed

Scalability:

• Ability to handle high user volumes efficiently

• Effective load balancing during peak times

Cost-Effectiveness:

• Balance between technical sophistication and budget constraints

• Efficient use of resources for implementation and maintenance

User Experience:

• Intuitive interfaces and straightforward navigation for all users

• Minimal technical barriers for voters and administrators

Compliance:

• Adherence to national election laws and standards

• Certification by relevant authority

10. 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 the attachment to RFR Bid titled: Creating a Quote in Commbuys_How to Respond to Bid Solicitations.

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.

11. 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 or added as a separate attachment.

12. Small Business Purchasing Program

Program Background

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

https://www.mass.gov/sbpp

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.

14. Supplier Diversity Plan (SDP) Plan

EOLWD prioritizes diversity equity, inclusion, and accessibility, including supplier diversity. 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) https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Veteran Non-Profit Organization (V/NPO)

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

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LGBTBE)

Eligible Types of Business-to-Business Relationships. Bidders 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 Bidder’s contract with the Commonwealth but may be related to the Bidder’s own operational needs.

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.

If the contract resulting from this RFR has an estimated annual value exceeding $250,000 (Large Procurements) the selected Bidder will be required to complete the SDP Plan Form for Bids.

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.

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, Bidders must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Supplier Diversity Hub (Hub), Bidders must create a profile in the Hub. Bidders must follow report submission instructions from the issuing department and the SDO.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in SBA Veterans Small Business Certification (VetCert) directory shall be counted toward a Bidder’s compliance

See Diverse and Small Business Program and Policies for Goods and Services Procurements for full details.

For Small Procurements (a resulting contract with an estimated annual value equal to or less than $250,000) EOLWD/DLR intends to award a contract to a Massachusetts-based Small Business if a response from an eligible SBPP participant is received and meets the department’s best value criteria.

15. Environmentally Preferable Products https://www.mass.gov/doc/sdp-plan-form-for-bids/download https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ https://www.mass.gov/doc/the-commonwealth-of-massachusetts-diverse-and-small-business-program-policies-for-goods-and-services-procurements/download

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.

(END OF RFR)

https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759