RFR for HIC Arbitrators Final.docx

The Commonwealth of Massachusetts Office of Consumer Affairs and Business Regulation

501 Boylston, Suite 5100 Boston, MA 02116

Request for Responses

Date: 9/23/24 Document Title: Call for Arbitrators Agency Document Number: RFR-FY24-HIC107806 COMMBUYS Bid#: BD-25-1090-SCA01-SCA01-107806

THIS RFR AND ALL RESPONSES HERETO SHALL BECOME PUBLIC RECORD AND CAN BE OBTAINED FROM THE OFFICE OF CONSUMER AFFAIRS AND BUISNESS REGUALTION. ANY PORTIONS OF A RESPONSE THAT ARE LABELED AS CONFIDENTIAL WILL STILL BE CONSIDERED PUBLIC RECORD.

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www.COMMBUYS.com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

1. General Information

a. General Information

The Office of Consumer Affairs and Business Regulation is issuing this Request for Responses (“RFR”) to solicit bidders for arbitration services as part of the Home Improvement Contractor arbitration program. Nothing in this RFR shall be interpreted as a commitment on the part of the Commonwealth to enter into a contract with any Respondent. This RFR does not commit the Commonwealth of Massachusetts (“Commonwealth”) or OCABR to approve a Statement of Work (“SOW”), pay any costs incurred in the preparation of a Respondent’s response to this RFR or to procure or contract for products or services. OCABR may (i) accept or reject any and all proposals received as a result of this RFR; (ii) negotiate with one or more of the qualified Respondents; or (iii) cancel, in part or in its entirety, this RFR if it is in the best interest of the Commonwealth to do so.

OCABR may amend this RFR at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement website, COMMBUYS (www.commbuys.com).

b. Eligible Respondents Description of eligible respondents

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

a. Minimum of 3 years of legal 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 will notify the parties of the date/time of the arbitration hearing, and conduct any necessary communications with the parties to ensure a smooth arbitration hearing takes place.

5. Arbitrators are required to host the arbitration hearing and ensure that they successfully record their arbitration hearings, independent of OCABR, per 201 CMR 14.13 (3), 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 the 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.

c. Event Calendar Responses to this RFR will be accepted on a rolling basis and will be evaluated upon receipt by OCABR. In order to be evaluated because OCABR is accepting bids on a rolling basis, no dates are shown.

d. Number of Awards There is no target number of awards under this Bid. The Office anticipates providing approximately 50-70 arbitration hearings per calendar year.

e. Applicable Procurement Law This RFR is issued under MGL c. 7 § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services).

f. Eligible Entities Limited User Contract – Restricted to Use by Issuing Entity Only. Any contract resulting from this Bid will be open for use by the Issuing Entity Only.

g. Acquisition Method The acquisition method to acquire goods and/or services from this Bid is Fee for Service

2. Description or Purpose of Procurement

This RFR will establish a list of approved arbitrators that will be available to arbitrate disputes between consumers and registered contractors and subcontractors, as specified under M.G.L. c. 142A and 201 CMR 14.00. OCABR oversees the general management of residential contracting arbitration cases, including, but not limited to, appointing arbitrators, administering trainings to the arbitrators, and answering any questions the arbitrator may have during the pendency of the arbitrator matter.

Arbitrators will resolve disputes between consumers and registered contractors and subcontractors by issuing a determination through procedures outlined in 201 CMR 14.00.

Homeowners and contractors are responsible for paying the arbitrators directly for their services (OCABR will not be responsible for receiving or remitting payments related to the arbitration program). The following is the fee schedule for the arbitration program, which is based on the amount of damages the homeowner or contractor is seeking:

Current rate through December 31, 2024 are:

Starting on January 1, 2025, the rates will change to the following:

a) Arbitrator Appointment: The OCABR will appoint an arbitrator from the approved list for an accepted case. All arbitration hearings take place via Teams videoconferencing or by other means as designated by OCABR’s home improvement contracting program coordinator. Claims amounting to less than $10,000 will be arbitrated through a written hearing. While there is a presumption that non-written hearings will take place virtually, a hearing may also take place in-person. An in-person hearing must take place in a neutral location that accommodates the geographic and time of day needs of the parties. 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 r if the arbitrator has been the claimant or respondent to any action pursuant to M.G.L. c. 142Aand 201 CMR 14.00, 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. c. 142Aand 201 CMR 14.00, and issue typed decisions with findings of fact that provide a basis for their decisions. The decision shall contain a finding of facts, and a clear calculation of the monetary award if any. In cases where the homeowner prevails, the arbitrator shall determine the homeowner’s actual loss according to 201 CMR 14.14, if any, and include the calculation in the decision. 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 14.13 (3) 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. 142A and 201 CMR 14.00 every 3 or more years.

3. Estimated Start Date; Contract Term

It is anticipated that any selected Respondents should be available to begin performance on or about November 1, 2024. OCABR may elect to establish an alternative start date as needed. The estimated term of availability under this RFR shall consist of an initial term of approximately 1 year with the option to remain on the approved list based on satisfactory performance.

4. Performance and Business Specifications:

Arbitrators must conduct fair and impartial hearings according to the standards of M.G.L. c. 142A and 21 CMR 14.00. Arbitrators are responsible for hosting hearings and issuing typed decisions. In cases where no party’s claim exceeds $10,000, there is a presumption of a written hearing in which the dispute shall be resolved by the submission of documents. Otherwise, hearings will be conducted via Teams, or in-person. Arbitrators must have the technical capacity to host hearings. Hearings are conducted by a single arbitrator and are limited to four hours. The arbitrator is responsible for recording the hearing and providing a copy to OCABR as the official record. Arbitrators must issue typed decisions within fourteen business days of the close of the hearing. Decisions must include a finding of fact and calculations of any actual loss to the homeowner and any monetary award. Determinations of a homeowner ’s actual loss must be made in accordance with 21 CMR 14.14. Arbitrators are authorized to award contractual damages, consequential damages, arbitration fees, and punitive damages. An arbitrator may not award attorney’s fees.

5. Bidder Questions

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

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

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.

To locate the 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.

6. Additional Specifications

a. No Reimbursement. By submitting a response, Respondents agree that any cost incurred in responding to this RFR, or in support of activities associated with this RFR, shall be the sole responsibility of Respondent. The Commonwealth shall not be held responsible for any costs incurred by Respondents in preparing their respective responses to this RFR.

b. Response Content. Vendors should include a response to each of the questions set forth in Section 8 of this RFR.

c. Pending Litigation. Respondent must affirm that there is no pending litigation involving the Respondent, Provider, or the services provided in the response that may impair or interfere with the availability of any services. Respondent must warrant that there are no actual or threatened actions arising from or alleged under any intellectual property rights of any third party.

d. Review Rights. Responses to this RFR may be reviewed and evaluated by any person(s) at the discretion of OCABR, including non-allied and independent consultants retained by OCABR for the sole purpose of evaluating and analyzing responses.

e. Environmental and Climate Preferable Products. In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Respondents also should be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

For more information please visit https://www.mass.gov/environmentally-preferable-products-epp-procurement-program or https://www.mass.gov/handbook/environmentally-preferable-products-and-services-guide.

f. Small Business Purchasing Program. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

a. 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.

b. SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

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

· Been in business for at least one year;

· Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

· Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

· Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

c. SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

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

7. Respondent Responses All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

a. Quote Submission Method Online Quote Submission via COMMBUYS is required. All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

b. COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

· Attachment B Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· An online job aid on How to Create a Quote

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

c. COMMBUYS Support Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.By submitting their response, the Respondent agrees to the terms of the RFR. In addition, by submitting their response, the Respondent affirms that there is no pending litigation involving the Respondent or the services provided in the response that may impair or interfere with OCABR right to use the services.

All materials submitted to OCABR during this RFR process become the property of OCABR upon their receipt and will not be returned. Except as provided in the Massachusetts Public Records Law, all materials submitted to OCABR may be subject to release as public records. In no event shall OCABR, or any of their agents, representatives, consultants, directors, officers, or employees, be liable to a Respondent for the disclosure of all or a portion of a response or related information submitted during this RFR.

8. Evaluation Criteria

The responses to this RFR will be reviewed based on the criteria listed below. OCABR may remove from further consideration non-responsive responses and responses that do not include all items listed below. Prior to such an exclusion, OCABR may request one or more clarification(s) from Respondents. A Respondent’s response may be excluded for failure to meet the OCABR’s thresholds.

Minimum requirements:

1. Overview: Name and contact information for this quote including email and phone number.

2. Experience: Briefly describe your relevant legal experience and any arbitration or dispute resolution experience you may have.

3. Examples: Provide two examples of successfully executed events.

4. Qualifications: Provide a resume and describe your qualifications for the requirements of this position, including the technological requirements.

OCABR reserves the right to consider any previous experience the Respondent has had with any State agency, including, but not limited to, performance problems and compliance with applicable laws and contract provisions.

Submission of Responses: Respondents 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.

*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. Please note that selection by OCABR to participate as an arbitrator does not guarantee that an arbitrator will be given any number of cases to actually arbitrate. OCABR reserves the right to choose selected arbitrators on a case-by-case basis.

Attachment A – Required Terms for All RFRs

1. General Procurement Information

a. Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Bid.

b. Ownership of Submitted Quotes The SSST shall be under no obligation to return materials submitted by a Bidder in response to this Bid. 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 COMMBUYS, as long as their account remains active. Bidders also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

c. Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in contact information section of the Header Information 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 Help Desk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, 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 of action with any other Bidder of the commodities and/or services described in the RFR.

2. Terms and Requirements Pertaining to Awarded Contracts

a. Commonwealth Tax Exemption Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

b. Contractor’s Contact Information It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS. The Contractor’s COMMBUYS account also must be updated to reflect the new information.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network, or internet service provider (ISP), cause email communications between the Bidder and the SST to be lost or rejected by any means, including email or spam filtering.

c. Contractual Status of Orders and Service Contracts Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Contractor, and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service contract if mutually agreed upon by the Contractor and eligible entity.

d. Publicity Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers, addresses, or other information except as specifically authorized by the SSST.

ATTACHMENT B – COMMBUYS Instructions Introduction COMMBUYS refers to all solicitations, including, but not limited to, Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

1. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

1. Upon successful login, the Vendor home page displays with the Navigation and Header Bar, as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

1. Click on the Bids tab

1. Clicking on the Bid tab opens four sections:

4. Request for Revision

4. Bids/Bid Amendments

4. Open Bids

4. Closed Bids

1. Click on the blue Open Bid hyperlinks to open and review an open bid

1. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive notifications of amendments/updates concerning this bid.

1. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

7. Purchaser

7. Department

7. Contact for this bid

7. Type of purchase

3. Open Market

3. Blanket

7. Bidders’ Conference details (if applicable)

7. Ship-to and Bill-to addresses

7. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

7. Bid Date

7. Required Date

7. Bid Q&A Close Date – date after which bidders no longer may ask questions about the bid

7. Bid Opening Date – date the bid closes and no further quotes will be accepted

7. Informal Bid Flag

7. Date goods/services are required

1. The lower half of the page provides information about the specific goods/services the bid is requesting.

1. Click Create Quote to begin.

1. The General tab for a new quote opens. This page is populated with information from the bid. Fields available to update include:

10. Delivery days

10. Shipping terms

10. Ship via terms

10. Is “no” bid – select if you will not be submitting a quote for this bid

10. Promised Date

10. Info Contact

10. Comments

10. Discount Percent

10. Freight Terms

10. Payment Terms It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote may be submitted. Any message in Yellow is a warning and will allow processing to continue.

The following messages are received:

· Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms.

· Your quote has not been submitted – information message; no action required

1. Click on the Terms & Conditions tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote may be submitted. If your acceptance is subject to exceptions, those exceptions must be identified here. Exceptions may not contradict the requirements of the RFR or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

1. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

1. The item opens. Input your quote information and click Save & Exit.

1. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Check the box in the confidential column for each attached form that contain confidential information.

1. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to ensure each required document has been submitted.

1. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

1. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

1. The Summary tab redisplays with an updated Status for the quote of Submitted.

1. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the OSD Help Desk at OSDHelpDesk@mass.gov. If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: 1) for a formal bid, prior to the bid opening date, or 2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

Attachment C – RFR Required Specifications

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth departmental competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda, or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

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

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

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

6. Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

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

1. Been in business for at least one year;

1. 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

1. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

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

7. Supplier Diversity Program (SDP)

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

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

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

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

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

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

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

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

· Disability-Owned Business Enterprise (DOBE)

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

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

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

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

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

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

· SDP Partners are not required to be subcontractors.

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

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

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

Bidders may propose SDP Partners that are:

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

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

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

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

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

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

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

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

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

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

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

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

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing…