RFR for the Physician Online License Management System New.docx

Commonwealth of Massachusetts Department of Public Health

Board of Registration in Medicine (BORIM)

Request for Responses for the Physician Online License Management System

Issue Date: May 17, 2019

Document Number: 19CBBORIMLICENSERFR

This procurement is subject to the World Trade Organization Government Procurement Agreement, established January 1, 1996, to encourage worldwide trade by ensuring fairness, non-discrimination, and equal treatment of laws, regulations and procedures in the government procurement process.

Table of Contents

Board of Registration in Medicine – Physician Online License Management System RFR

BORIM RFR 19CBBORIMLICENSERFR Table of Contents ii

SECTION 1. INTRODUCTION AND BACKGROUND

1.1 Overview and History

The Board of Registration in Medicine (BORIM) seeks responses from qualified Bidders to implement, maintain, and support an Online License Management System for physicians and physicians in training. In addition to an Online Licensing Application, the system must provide the following functions, as further defined in this RFR, to include:

1. Public-facing display of Physician Profiles via the web.

2. Ability to accept complaints against a licensee via the web.

3. Interface with Trial Court systems.

4. License verification via webservice to state agencies and authorized institutions.

BORIM is seeking to procure an Online License Management System that will provide an Online Licensing Application and replace the functions of the existing BORIM Applications Portfolio, as further detailed in Appendix A. There is an immediate need for the implementation of the Online Licensing Application. BORIM’s expectation is that the Online Licensing Application shall be operational within nine (9) months of contract award. While BORIM would prefer a complete system inclusive of all required functions, due to the timeline, BORIM will consider a phased approach.

Online Initial License Application Currently, BORIM uses an online system for license renewals but requires paper applications for initial license applications. BORIM issues two types of initial licenses for physicians: Full and Limited. The initial Full License allows a physician to practice in Massachusetts. The initial Limited License allows a physician who has been accepted into a postgraduate training program in Massachusetts to practice medicine at the health care training facility and its affiliates. Paper applications for both initial licenses are manually entered into a database managed by BORIM staff.

BORIM’s goal is for all initial license applications and license renewal applications to be submitted and managed through an Online License Application. The Board seeks to implement an Online Licensing Application with the following functionality[footnoteRef:2]: [2: As further described in Attachment 1.]

1) Applicants may register for and complete initial license applications online;

2) Applicants may pay licensing fees electronically;

3) Applicants for initial Full Licenses may electronically sign and approve applications for submission to the Board;

4) Applicants for initial Full Licenses may print certificates approved by the Board;

5) Training facilities may initiate and submit the initial Limited License applications to the Board for approval;

6) Training facilities may print certificates for initial Limited License Applicants approved by the Board;

7) BORIM staff may review and approve all initial applications electronically;

8) BORIM staff may store the applications electronically; and

9) BORIM staff will have robust reporting capabilities to monitor and manage the licensing process.

1.2 Definitions

The following terms and acronyms are used throughout the RFR and shall have the meaning stated in this section, unless the context clearly indicates otherwise.

Accreditation Council for Graduate Medical Education (ACGME): the Accreditation Council for Graduate Medical Education is the body responsible for accrediting the majority of graduate medical training programs for physicians in the United States.

Bidder: an entity that submits a Bid or Response to this BORIM Online Licensing Application RFR.

BORIM: for the purpose of this RFR, the terms "BORIM" or "Board" interchangeably mean the Board of Registration in Medicine. BORIM is an independent board within the Department of Public Health (DPH) under the Executive Office of Health and Human Services (EOHHS). BORIM is responsible for the licensing, regulation, and discipline of Massachusetts physicians and acupuncturists. BORIM’S mission is to ensure that only qualified physicians are licensed to practice in the Commonwealth of Massachusetts and that those physicians and health care institutions in which they practice provide to their patients a high standard of care, and to support an environment that maximizes the high quality of health care in Massachusetts.

BORIM Applications Portfolio: the current suite of systems to support all BORIM business processes. Please see Appendix A for description of existing BORIM Application Portfolio.

Change Order or Change Request: a written amendment to the SOW, directing the Bidder to change the contract price, Requirements, or project schedule. Such changes must be within the scope of the SOW and this RFR.

CLARIS: BORIM's current database and transactional system.

Commonwealth Data: all data used or owned by BORIM or the Commonwealth to which the Bidder gains access through a contract resulting from this RFR.

Deliverable: any work product that Vendor delivers for the purposes of fulfilling its contractual obligations.

Department of Public Health (DPH): an agency-level organization within the Executive Office of Health and Human Services secretariat. DPH consists of a number of bureaus and departments including BORIM.

Executive Office of Health and Human Services (EOHHS): a secretariat-level executive agency under the Governor of Massachusetts. EOHHS oversees 12 constituent agencies, including the Department of Public Health (DPH), in addition to 2 soldiers’ homes and the MassHealth program.

EOHHS IT: EOHHS' Information Technology Unit that provides a range of centralized IT services for EOHHS and its constituent agencies, including DPH and BORIM.

Executive Office of Technology and Security Services (EOTSS): formerly the Massachusetts Office of Information Technology, EOTSS provides a range of centralized IT services; oversees IT policies, standards and architecture; and promotes cross-agency collaboration and adoption of shared services.

Initial Full License: allows a physician to practice medicine in Massachusetts.

Initial Limited License: allows a physician who has been accepted into a postgraduate training program in Massachusetts to practice medicine at the health care training facility and its affiliates.

Key Personnel: personnel directly responsible for management of the contract; or those personnel whose professional/technical skills are determined to be essential to the successful implementation of the contract.

Maintenance and Support Services: technical support services for the operation and maintenance of the Online License Management System.

Mobile-friendly: All web-based applications provide information, including text, images, video, and links, that is easily and readily accessible across all different platforms and, most particularly, on the much smaller screen of smartphones and tablets.

Online License Management System: a comprehensive online license management system that will provide an online licensing application for physicians and physicians in training, and replace the functions of the existing BORIM Applications Portfolio.

Online License Renewal (OLR) website: a website where physicians complete the renewal of their Full License applications. Physicians can also update their Physician Profile and Address.

Online Limited License Renewal Training Facility (OLLR) website: a website where training facilities approve limited license renewal applications and submit the applications to the Board. Training facilities can also follow the progress of the application and print out certificates for Applicants approved by the Board.

OnBase: BORIM's Enterprise Content Management system, hosted by Hyland Global Cloud Services (GCS), and provided as a managed service by EOTSS Business Performance Management group.

Project Managers: individuals from BORIM and Bidder identified and designated as Project Managers shall perform project management on behalf of BORIM and Bidder under this agreement.

Request for Responses (RFR): shall refer to this RFR (document number 19CBBORIMLICENSERFR) procurement specification and referenced documents.

Requirements: the technical requirements for the Online License Management System, including the Online Initial Licensing Application, attached and incorporated into this RFR as Attachment 1, and Sections 3.1 and 3.2 of this RFR.

Response or Bid: any information submitted by the Bidder in response to the Requirements outlined in this RFR, including any clarifying information provided by the Bidder if requested by BORIM.

Security: refers to the processes, methodologies, and means which are designed and implemented to protect information systems and information - including print, electronic, or any other form of confidential, private and sensitive information or data - from unauthorized access, use, misuse, disclosure, destruction, modification or disruption, which includes but is not limited to the ability to authenticate and authorize users to provide secure access to the system in a traceable (auditable) manner.

Services: shall mean the activities engaged in by Bidder for the purpose of fulfilling its obligations under the terms of this RFR, which may or may not result in the creation of a Deliverable.

Solution Architect: Individual from the Bidder that is responsible for the design and development of the applications or services.

Statement of Work (SOW): a contract resulting from this procurement. A template SOW is attached hereto as Attachment 2.

Task: a material activity engaged in by Bidder for the purpose of fulfilling its obligations to BORIM under the terms of this RFR, which may or may not result in the creation of a Deliverable.

Vendor or Selected Bidder: Bidder who is selected and executes a contract or agreement under this RFR.

1.3 General Procurement Requirements

This Request for Response (RFR) does not commit the Commonwealth of Massachusetts (Commonwealth) or BORIM to enter into a Statement of Work or to pay any costs incurred in the preparation of the Bidder's quote or contract for products or services.

BORIM reserves the right to accept or reject any and all proposals received as a result of this RFR, and to contract for some, all or none of the products and services as a result of this RFR. BORIM further reserves the right to negotiate with any or all qualified Bidders and to cancel in part or in its entirety this RFR if it is in the best interest of BORIM or the Commonwealth of Massachusetts to do so.

BORIM reserves the right to amend this RFR at any time prior to the date Responses are due. Any such amendment shall be posted to the Commonwealth's procurement website, COMMBUYS, at www.commbuys.com. Bidders are reminded to check the COMMBUYS site regularly, as postings to this site shall be the sole method used for notification of changes as well as for any clarifications of the RFR that BORIM might issue.

All Responses and related documents submitted in response to this RFR become public records and are subject to the Massachusetts Public Records law, M.G.L. c.66, §10 and M.G.L. c.4 §7, subsection 26. Any statements in submitted Responses that are inconsistent with these statutes shall be disregarded.

All Response submissions, regardless of whether a contract is awarded to a particular Bidder, become the property of BORIM. BORIM shall not return to Bidders any proposals or materials they submit in response to this RFR.

The Selected Bidder shall sign the Commonwealth’s Standard Contract Form to which the Statement of Work (SOW) will be attached and that incorporates this RFR as well as the Selected Bidder's Response. A template SOW is included as an attachment to the RFR. The order of precedence of contract documents comprising the agreement between BORIM and the Selected Bidder shall be as follows: (1) the Commonwealth Terms and Conditions; (2) the Commonwealth’s Standard Contract Form; (3) the RFR; (4) the SOW and any other terms negotiated by the parties; and (5) Selected Bidder’s Response to the RFR. As set forth in the template SOW, the Selected Bidder, prior to commencing work, shall:

a) Ensure that all staff assigned to the project sign the "Intellectual Property Agreement for Vendor's Employees, Consultants and Agents" included herein as Exhibit A to the SOW, (this document is not to be submitted with the Bidder's Response to this RFR); and

b) As applicable to the services provided, agree to abide by the "Massachusetts Department of Public Health Confidentiality Agreement" included herein as Exhibit B to the SOW (this document is not to be submitted with the Bidder's Response to this RFR).

Bidders are prohibited from communicating directly with any employee or contractor of BORIM concerning this RFR except as specified in Section 4.1.1, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR, for any purpose.

All Responses shall be submitted in accordance with the bid process specified in Section 4.

Acquisition method: fixed price for implementation and support of the Online License Management System

Single or multiple vendor(s): Single

Use of Procurement by single or multiple agencies: BORIM will be the first agency for implementation of the Online License Management System, and this procurement or any resulting contract(s) may be used by other EOHHS agencies, including DPH, and may allow other opportunities at the discretion of the Commonwealth.

Anticipated Payment Structure: see Section 1.4.

1.4 Payment

For implementation, payment will be on a fixed price basis with payment based on the proposed deliverables schedule requested in Section 4.3.2.4, less a 10% reserve to be paid at the conclusion of a successful 90-day warranty period.

For maintenance and support services, payment will be on a monthly, fixed price basis.

Invoices shall be paid according to the Commonwealth's bill paying terms (See: Commonwealth of Massachusetts, Office of the Comptroller, Bill Paying Policy and General Payment Policies, last revised May 19, 2011). Bidders must provide hourly rate information for Key Personnel and additional personnel as set forth in the Cost Response Sheet.

1.5 Anticipated Term of Statement of Work

The SOW that may result from this RFR shall have an initial term of five (5) years, and may be extended for an additional five (5) years, in any time increment, at the discretion of BORIM.

a) The implementation of the Online Licensing Application shall have a due date for an initial operational capability no more than nine (9) months after contract award, with the capability to be proposed by the vendor and agreed to by BORIM.

b) Maintenance and support work shall commence after implementation and the successful completion of the warranty period, and continue for the duration of the contract.

1.6 Changes in Requirements/Additional Requirements

BORIM shall have the option, at its sole discretion, to modify, increase, reduce or terminate any requirement or activity related to the SOW resulting from this RFR whenever, in the judgment of BORIM, the goals of the project have been modified or altered in a way that necessitates such changes.

BORIM may determine that additional work products or new initiatives are necessary to accomplish the objectives of this RFR, or that certain items are not required or shall be substantially modified. The Selected Bidder and BORIM may negotiate Change Orders to the SOW that are in the best interest of the Commonwealth. If additional funds become available, BORIM reserves the right to increase the maximum obligation under this RFR subject to available funding, satisfactory contract performance, and service needs.

BORIM shall provide prior written notice of any necessary or desired Change Orders or additional work products or new initiatives to the Selected Bidder, and the parties shall negotiate the effect of such changes in Requirements on the schedule and payment terms. No compensation shall be owed, nor credits given, until the parties reach agreement on the Change Order. Such Change Order, when approved, shall detail the changes, including tasks and deliverables if applicable; the cost impact (if any); and the timeline impact (if any). Any Change Order(s) must be executed as a written amendment to this SOW as described in Section 8 of the template SOW attached hereto as Attachment 2.

SECTION 2. BIDDER QUALIFICATIONS

2.1 Firm Qualifications

Bidders shall have significant project management experience with application development, system integration and implementation as the Online License Management System will be completed under tight timelines. Experience working with Software-as-a-Service (SaaS) solutions is preferable and desirable.

2.2 Subcontractors

The use of subcontractors is permitted as set forth in this RFR and the SOW. The Selected Bidder shall be fully responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to com01ply with the same federal and state laws and regulations and applicable RFR and SOW requirements as the Selected Bidder. EOHHS reserves the right to reject any subcontractor the Selected Bidder may propose.

2.3 Staff Qualifications

The qualifications of Key Personnel shall be considered in evaluating a Bidder's response. These individuals may be invited to participate in Bidder interviews as part of the evaluation process.

For this project, the only required Key Personnel are the Bidder Project Manager and the Bidder Solution Architect. Bidders are encouraged to propose additional Key Personnel to demonstrate the strength of their implementation team. All Key Personnel proposed shall be subject to the following restrictions:

· Any changes in Key Personnel during the term of the project shall be approved by BORIM.

· Replacement Key Personnel shall have comparable training, experience and ability to the person originally proposed for the position.

Assessment criteria for Key Personnel include the following:

· Knowledge and understanding of current similar licensing software or databases;

· Knowledge and understanding of current OnBase or similar Enterprise Content Management solutions;

· Knowledge and understanding of Massachusetts requirements for compliance with online payments;

· Knowledge and understanding of Massachusetts Security and Privacy requirements;

· Knowledge and understanding of Massachusetts ADA and Chapter 508 compliance;

· Familiarity and experience with the successful implementation, maintenance, and support of an online licensing system.

SECTION 3. PROJECT TASKS

3.1 Implementation of the Online License Management System

This task is broken into two subtasks: (1) the introduction of the Online Licensing Application, and (2) the implementation of related functions of the Online License Management System, as described in Section 1.1.

3.1.1 Introduction of the Online Licensing Application

The Selected Bidder shall implement an online system with the following capabilities as further specified in Attachment 1:

· Allows initial license Applicants to self-register and complete the initial license application online.

· Allows health care training facilities to register initial Limited License Applicants online before the Applicant can self-register.

· Allow initial license Applicants to pay initial licensing fees online.

· Allows healthcare training facilities to review and submit a completed application for a limited initial license to the Board online.

· Allows the Applicants and training facilities, as applicable to Limited Licenses, the ability to track the progress of applications online.

· Allows the Applicants and training facilities, as applicable to Limited Licenses, the ability to download, email, and print a PDF copy of the application.

· Allows the Applicants and training facilities, as applicable to Limited Licenses, the ability to download and print certificates for initial Limited License Applicants that have been approved by the Board.

· Allows BORIM staff the ability to import the initial license application into OnBase.

· Allows BORIM staff the ability to review the application electronically.

· Allows BORIM staff the ability to submit missing items notices to the Applicant and training facilities as applicable.

· Allows BORIM staff the ability to approve or deny applications.

· Allows BORIM staff the ability to note any changes in status of application.

· Allows BORIM staff the ability to scan and upload material received in BORIM by US Mail or ground delivery.

· Allows BORIM supervisory staff the ability to assign and manage the Licensing Analysts and their workload electronically.

· Allows BORIM users the ability to access information via standard reports, scheduled reports, self-service, and KPI dashboard reporting capabilities, as outlined in Section 4 of Attachment 1.

3.1.2 Implementation of Related Functions of the Online License Management System The Selected Bidder shall implement an Online License Management System to replace the existing BORIM licensing database, CLARIS, and to provide the functions of the current BORIM Applications Portfolio, as detailed in Appendix A.

The Selected Bidder’s system shall include the following categories of reporting capabilities:

· Standard Reports: Static reports on key metrics that are required for the Board’s review on defined timelines (semi-monthly/quarterly/annually), and reports for BORIM staff to monitor and manage the Licensing process.

· Scheduled Reports: E-mail or system alerts scheduled to send on a user-defined time period and/or when a user-defined condition is triggered.

· Self-Service Reports: a capability to allow users to create custom reports and ad hoc analyses, with permissions as designated by the solution administrator. The objective is to allow custom reporting to support the management and potential improvement of BORIM licensing processes, identify problems and issues and their causes and correlations, and provide performance metrics.

· Key Performance Indicator (KPI) Dashboards: Dynamic, automated key metrics and visualizations geared toward daily/weekly/monthly/quarterly/annual performance management and review.

BORIM anticipates that the Selected Bidder’s system will provide a native reporting capability and that it will be bid as part of this RFR to scope and implement the required reports.

The Requirements for implementation, maintenance and support of the Online License Management System at contract execution will be incorporated into the final SOW. All implementation, maintenance and support must follow EOHHS application guidelines as set out in Attachment 5, EOHHS Technology Office Secretariat Application Reference Manual.

3.2 Maintenance and Support

The overarching goal of maintenance and support is to keep the Online License Management System operating and of high availability. The Bidder’s support plan and proposed Service Level Commitments will be evaluated by the Strategic Sourcing Team. The support plan must at a minimum address the following:

1. Application Monitoring & Problem Prevention

2. System & Capacity Monitoring

3. System & Data Security --Very strong encryption mechanisms should be in place.

4. Maintenance of Data backups / Recovery / Retention --Should have a provision for disaster recovery mechanisms.

5. Incident response and remediation

6. Service Level Commitments for both availability and issue reporting and resolution --There should be minimal effort and minimal impact on overall system when any workflow(s) enhancements or configurations changes.

--Preference will be given to solutions that allow configuration with limited customizations.

8. Version Control --Solution must allow configuration without adding difficulty to upgrading to latest version.

Preference will be given to solutions that are commercially off the shelf and provide regularly scheduled updates that are easy to implement. Preference will also be given to solutions that can be supported by many vendors. BORIM does not want install a solution that can only be supported by one vendor. Should the Selected Bidder provide a cloud offering (i.e. SaaS, IaaS, PaaS), the Selected Bidder must comply with the Commonwealth's established requirements for cloud offerings described in Exhibit D to the template SOW attached to this RFR. All implementation, maintenance and support must follow EOHHS application guidelines as set out in Attachment 5, EOHHS Technology Office Secretariat Application Reference Manual. All implementation, maintenance and support must follow EOHHS application guidelines as set out in Attachment 5, EOHHS Technology Office Secretariat Application Reference Manual.

As noted above, all maintenance and support must follow EOHHS application guidelines as set out in Attachment 5, EOHHS Technology Office Secretariat Application Reference Manual.

3.2.5 Support legal discovery requests pertaining to audit and log records From time to time, BORIM shall produce audit and log records pursuant to legal process such as discovery, Public Record requests, Freedom of Information (FOIA) requests, or subpoenas. The Selected Bidder shall fully cooperate with such requests and provide all relevant material to which they have access. In accordance with M.G.L. c. 66, § 19(a), the system must be capable of providing data in a commonly available electronic, machine readable format that allows information storage and retrieval methods that can segregate out exempt information. The system must permit the segregation and retrieval of public records and redacting of exempt information.

3.2.6 Knowledge transfer and transition support

The Selected Bidder shall maintain all documentation and relevant technical material in a form that is suitable for knowledge transfer and transition support, and consistent with the current procedures and practices within EOHHS IT. The Bidder shall conduct a review session annually, presenting the contents of this documentation package to BORIM to ensure that it is accurate and complete for the intended purpose. BORIM reserves the right to audit and approve the documentation package.

3.3 Engineering Services

To the extent that services are required that were not initially described as project work set forth in the Requirements, the Selected Bidder shall be expected to provide additional engineering development services to complete specific design and development tasks for software or system modifications and enhancements. These services shall be compensated on a per-hour time and material basis (with guaranteed maximum prices as agreed to by the parties).

Change Orders for each element of such work shall be executed as the need for each element is finalized. When any such Change Order is executed, the work will be considered part of Bidder's maintenance and support. The process of executing a Change Order is described above in Section 1.6 and in Section 8 of the template SOW attached as Attachment 2, and shall include jointly defining the work required, the Bidder providing an estimate of the time and costs involved for that particular task, and a negotiation regarding the scope and amount, ending with acceptance by BORIM of that cost estimate for the particular task.

When performing development work under this section, the Bidder shall follow the formal software development and acceptance processes set forth in the SOW and any project plan agreed to by the parties.

SECTION 4. RESPONSE/QUOTE REQUIREMENTS

4.1 Bid Process

4.1.1 General Procurement Information

Procurement Contact: Melissa Morrison, Procurement Coordinator

Address: Executive Office of Health and Human Services One Ashburton Place, 11th floor Boston, MA 02108

E-Mail Address: melissa.morrison@massmail.state.ma.us

Purchasing Agency: BORIM

RFR File Number and Title: 19CBBORIMLICENSERFR

4.1.2 Procurement Timetable

Table 5: Procurement Timetable

4.1.3 Questions

Bidders may make written inquiries concerning this RFR until the deadline for submission of questions set forth in Section 4.1.2. Written inquiries shall be sent via email to the Procurement Coordinator listed in Section 4.1.1. Microsoft Word is the preferred file format; the questions should be numbered but not in a tabular format. A plain text email is also acceptable. The subject line of the email should read RFR # 19CBBORIMLICENSERFR.

Bidders are prohibited from communicating directly with any employee or contractor of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the Procurement Coordinator using the contact information provided in Section 4.1.1 above 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 COMMBUYS helpdesk at commbuys@mass.gov.

No other individual(s) at BORIM, DPH, or EOHHS should be contacted regarding any aspect of this procurement.

BORIM shall review inquiries and prepare written answers to questions, at its discretion. The written answers shall be posted on the COMMBUYS website (http://commbuys.com).

4.1.4 Reasonable Accommodation

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

4.1.5 Oral Presentations/Product Demonstrations

Bidders may be asked to participate in one or more Oral Presentations/Product Demonstrations and will be expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidders and the SST. However, failure to appear at the scheduled time of the oral presentation/product demonstration may result in disqualification, negative evaluation, or other action the SST deems appropriate.

The oral presentation/product is intended to:

· Demonstrate the Online License Management System;

· Clarify and substantiate representations and information contained in the Response;

· Supplement information obtained in the Response;

· Provide additional understanding of the qualification of the staff offered and any other additional information requested; and Introduce all key personnel and any significant subcontractors who will have responsibility for the project management and Bidder’s responsibilities.

BORIM reserves the right to apply restrictions to the structure and content of any oral presentations/product demonstrations and to instruct the Bidder regarding attendees.

4.1.6 Staff Interview

Interviews may be held to allow the Bidder to clarify details or further inform the committee regarding the Bidder’s organization or Quote, but not to change or correct the original Quote in any way. The evaluation committee, in its sole discretion, may determine which Bidders, if any, will be asked to make a staff interview. Staff interviews shall not be open to the public nor to any competitors.

Failure of a Bidder to agree to a date and time for a staff interview may result in rejection of the Bidder’s Quote.

The interview is intended to:

· Clarify and substantiate representations and information contained in the Bidder’s Quote;

· Supplement information obtained in the Bidder’s Quote;

· Provide additional understanding of the qualification of the staff offered and any other additional information requested; and

· Introduce all key personnel and any significant subcontractors who will have responsibility for the project management and Bidder’s responsibilities.

BORIM reserves the right to apply restrictions to the structure and content of the staff interview, and to instruct the Bidder regarding attendees.

4.1.7 Best and Final Offer (BAFO)

Pursuant to 801 CMR 21.06(11), BORIM may offer one or more Bidders an opportunity to provide a Best and Final Offer (BAFO). If it so chooses, BORIM shall distribute specific information regarding submission requirements, timelines, and information about its BAFO evaluation process to those Bidder(s) selected for participation in the BAFO. Bidders may be asked to reduce costs or provide additional clarification to specific sections of the RFR Response. Bidders are not required to submit a BAFO in response to BORIM's offer, and may notify BORIM in writing that their Response remains as originally submitted.

4.1.8 Accessibility Testing for SaaS Offerings

For SaaS offerings, BORIM reserves the right to test for accessibility or to engage a third party Accessibility Testing Vendor to conduct Accessibility Audit Testing at BORIM’s expense prior to scoring and selecting a Bidder. Bidder must cooperate with BORIM and the Accessibility Testing Vendor, including providing appropriate access to the applicable cloud products for such testing. The results of any such accessibility testing, the VPAT (Voluntary Product Accessibility Template) or other accessibility documentation provided by the Bidder, and the cooperation of the Bidder, will be taken into account in scoring and selecting a Bidder.

4.1.9 Negotiation

BORIM, in its sole discretion, may negotiate with a Selected Bidder any change in any element of Statement of Work (SOW) performance or cost identified in the original RFR or the Selected Bidder’s Response that results in lower costs or a more cost-effective or better value than was presented in the Selected Bidder’s original Response. The SOW award shall be contingent upon successful negotiation of SOW terms. Should BORIM and any Selected Bidder fail to reach an agreement on SOW terms, BORIM, in its sole discretion, may negotiate with and award a SOW to any other Bidder it selects.

4.2 Submission Instructions and Logistics

Instructions for Submitting Responses - Bidders shall submit a complete Response, which includes the three components of the Response as described in Section 4.3, no later than the Bid Opening Date and time in Section 4.1.2. Bidders shall submit Responses by both of the methods described below. All Responses shall be received by the Procurement Coordinator no later than the Bid Opening Date and time indicated in the Procurement Timetable in Section 4.1.2 or they shall not be evaluated.

4.2.1 COMMBUYS Submission

BORIM requires all Bidders to upload the three Response files to the COMMBUYS website. Responses, known as Quotes in COMMBUYS terminology, must be submitted using the online submission tools available to registered COMMBUYS users. Bidders must register as Vendors in COMMBUYS if they haven’t already done so. Bidders are solely responsible to monitor this site for amendments to this RFR, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a response. Quotes must be fully uploaded before the Bid Opening Date and time has passed.

4.2.2 Electronic Copies

In addition to the submission of Response files via COMMBUYS, Bidders must submit two (2) USB flash drives each containing the three Response files by the Bid Opening Date and time in Section 4.1.2. In the event that the electronic copies are received by the Commonwealth but have not reached the Procurement Coordinator named in Section 4.1.1, the Commonwealth reserves the right, but is not obligated, to accept the Response. This Commonwealth's right may be exercised only if the Bidder presents, in a timely manner, proof acceptable to the Commonwealth that the Bidder's Response was received by the Bid Opening Date and time as specified in Section 4.1.2.

4.3 Structure of Response

The Bidder shall provide documents and narratives which consist of the following:

1. Business Response - shall contain the completed forms, documents, and legal declarations and certifications, Bidder’s firm and staff qualifications, and any subcontracting firm qualifications and response text specified in Section 4.3.1 of this RFR.

2. Programmatic/Technical Response- shall contain the Programmatic/Technical Response text as described in Section 4.3.2 of the RFR.

3. Cost Response - shall contain the Cost Response forms for the fixed price implementation of the Online License Management System as described in Section 3.1; the maintenance and support services described in Section 3.2; and the labor rates that will apply to engineering services described in Section 3.3 and other time and materials services as set forth in any Change Order or other amendment to the SOW. Cost Responses should correspond to the Integration Plan as described in Section 4.3.2.5 of the RFR, and extend through the proposed contract duration as indicated in Section 1.5. Guaranteed maximum prices may apply to any additional time and materials services if agreed to by the parties.

Bidders shall NOT include any costs in its Programmatic/Technical Response. The Bidder's Cost Response must be separately submitted on COMMBUYS. The Cost Response shall comply with the instructions defined in Section 4.3.3 including the required accompanying Cost Tables in Excel (Attachment 3). If any cost information is found in the Programmatic/Technical Response, or if the Cost Response is not submitted separately, the entire Response may be disqualified at the discretion of BORIM.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Bid Response, the Bidder certifies that the Response has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

All Responses and related documents submitted to EOHHS in response to this RFR are subject to the Public Records Law and, subject to certain exemptions, may be made available to members of the public who request them. M.G.L. c. 66, § 10. All statements included in Responses regarding the confidential and proprietary nature of the Bidder’s submission shall be null and void. Accordingly, Bidders should refrain from including confidential and/or sensitive information in their submissions. BORIM will not return to Bidders any proposals or materials they submit in response to this RFR.

The Response documents shall consist of the following:

4.3.1 Business Response

4.3.1.1. Required Documents

A list of required forms which must be signed and completed is in Section 4.3.1.1.3, below.

4.3.1.1.1 Transmittal letter

The Bidder must submit a Transmittal Letter signed in blue ink by an individual with the authority to bind the Bidder. The Transmittal Letter must include the Bidder’s name and address. As part of the Transmittal Letter, the Bidder must acknowledge the terms and conditions found in this RFR will apply to any contract resulting from this RFR.

4.3.1.1.2 Bidder’s Contact Information

The Bidder must provide contact information, including valid email addresses, for at least two (2) people at the Bidder’s organization who BORIM can contact for clarification, notification of selection, etc.

It is the responsibility of the prospective Bidders and selected Vendor to keep current on COMMBUYS 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 SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective Bidder’s/selected Vendor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/selected Vendor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/selected Vendor and the SST to be lost or rejected by any means including email or spam filtering.

4.3.1.1.3 Required Forms

All Bidders must submit the following forms, executed as appropriate. Unless otherwise noted, these forms are posted on COMMBUYS along with this solicitation.

· Certification of Non-Collusion

· Certification Regarding Debarment and Suspension

· Disclosures

· Certification with Regard to Financial Condition

· Certificate of Good Standing (see Section 4.2.1.1.6 below). Additional Information about this Certificate may be found at:

http://www.mass.gov/dor/businesses/programs-and-services/certificate-of-good-standing.html

· Commonwealth Terms and Conditions

· Standard Contract Form: Fill out the Contractor-related boxes on the top left of the form and have a signatory sign it as an indication of acceptance of the form’s terms and conditions. The Selected Bidder will execute a fully completed Standard Contract Form at the conclusion of the negotiation process.

· Massachusetts Substitute W-9 Request for Verification of Taxation Reporting Information

· Contractor Authorized Signatory Listing

· Authorization for Electronic Funds Transfer (EFT) Form available at: https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf (see Section 5.11)

· Supplier Diversity Program SDP Plan Form #1 – SDP Plan Commitment (see Section 4.3.1.1.8)

· Prompt Payment Discount Form (see Section 5.12) Note: Failure to submit all required forms may deem the bid submission as Non-Responsive.

4.3.1.1.4 Conflict of Interest

As part of its Business Response, the Bidder (on its own behalf and for any partner(s) or subcontractor(s)) must:

1. Acknowledge that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the Commonwealth; and, therefore, the Bidder agrees to take measures to ensure that its officers, employees, agents, consultants and/or sub-contractors comply with applicable ethical standards and requirements of the Massachusetts Conflict of Interest law, Massachusetts General Law Chapter 268 A.

1. Disclose any potential or actual conflict of interest, including but not limited to, any relationship or interest, financial, business, beneficial or otherwise, which is in conflict with the proper discharge of their responsibilities described under the RFR and contract. If there is no conflict(s) of interest, so indicate. In cases where such relationship (s) and/or interests exist or appear to exist, the Bidder shall describe how a potential or actual conflict of interest will be avoided.

4.3.1.1.5 Certificate of Insurance

Section 10.6 of the SOW requires that the Selected Bidder shall provide, at their own expense, and shall ensure that any of its teaming partners and significant subcontractors maintain at their expense, insurance coverage required by law.

As part of its Business Response, the Bidder must provide EOHHS with certificates of insurance coverage.

4.3.1.1.6 Financial Disclosures

As part of its Business Response, the Bidder must submit documentation to demonstrate to the satisfaction of BORIM that the Bidder’s organization is in sound financial condition and that any significant financial problems are being addressed with appropriate corrective measures. The documents submitted must include at least the following:

· Complete audited financial statements for the Bidder’s last two fiscal years;

· Interim financial statements for fiscal quarters elapsed since the period covered by the audited financial statements;

· Proof of an acceptable credit rating by a recognized credit rating bureau, such as Dun & Bradstreet;

· A certification by the Bidder’s financial officer that he/she is not aware of any circumstance materially and adversely affecting the Bidder’s financial condition that is not reported in the foregoing financial statements and that, to the best of his/her knowledge, the Bidder is not delinquent in the payment of any federal or state tax; and

· A disclosure of any recently concluded or ongoing audit of the Bidder’s operations and a copy of the report with the Bidder’s Response.

The Bidder shall submit to BORIM with its Response a certificate from the taxing authority of the state in which the Bidder has its principal office, attesting that the Bidder is not in default of any obligation under its tax laws. To illustrate this requirement, corporations with principal offices in Massachusetts would satisfy this requirement by submitting a “Certificate of Good Standing” issued by the Massachusetts Department of Revenue (DOR). Instructions for obtaining the DOR certificate may be found on the Commonwealth of Massachusetts DOR website at http://www.mass.gov/dor/businesses/programs-and-services/certificate-of-good-standing.html. The Bidder shall also submit to BORIM with its Response a completed “Certification with Regard to Financial Condition”.

BORIM may disqualify a Bidder if the Bidder fails to submit the documents required by this section, or if the documents indicate to BORIM, in its reasonable discretion, that the Bidder’s financial condition is unsatisfactory.

Note: If performance of the Bidder’s proposal depends in substantial part upon the performance of a teaming partner, subcontractor or other third party, BORIM requires statements, certificates, and information equivalent to the foregoing regarding the financial condition of the partner, subcontractor, or third party.

4.3.1.1.7 Contract Terms

As part of its Business Response, the Bidder must acknowledge the terms and conditions found in this RFR will apply to any contract resulting from this RFR.

Bidders may not condition their Response to this RFR or the execution of a contract with BORIM upon BORIM's execution of a Bidder contract form or require that other Bidder Terms and Conditions automatically apply to the proposed contract. Bidder must specify any proposed additional contract terms and conditions as a part of their Business Response to be evaluated by the committee. It is expected that Bidders will fully review all of the required contract forms, including any legal review, prior to bid submission, as these terms are not negotiable.

4.3.1.1.8 Supplier Diversity Program

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs),…