RFR FY26 PS Guardianship Program RFR GSA4 .docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Aging & Independence

One Ashburton Place, 10th Floor, Boston MA 02108

Protective Services Guardianship Program

Request for Response (RFR)

Protective Service Guardianship Program

COMMBUYS Bid#:

BD-27-1040-1040C-1040L-130979

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

RFR Definitions See Attachment A: Scope of Services for definitions.

RFR INTRODUCTION AND GENERAL DESCRIPTION

Procurement Scope and Duration

The Massachusetts Executive Office of Aging & Independence (AGE) is soliciting Bidders to provide PS Guardianship Program services, in accordance with the provisions of M.G.L. c. 190B, to Older Adults who are Clients of AGE’s Protective Services Program (PS).

Please note: This RFR is related to the previous Guardianship RFR available on Commbuys with Bid Number BD-26-1040-1040C-1040L-125454. This RFR is being posted because no bidder was selected for GSA 4 from that previous Guardianship RFR. As a result, and through this RFR, AGE is seeking bids exclusively for GSA 4 as described further in this RFR.

Background Information The purpose of the PS Guardianship Program is to provide effective and compassionate Legal Fiduciary services to qualifying Clients of the PS Program. PS Guardianship Program services are available to Older Adults who have been found to be Abused in accordance with 651 CMR 5.00 and are found to be in need of a Legal Fiduciary by the PS Program. A Protective Services Agency designated by the PS Program initiates the process by which the Contractor is named Legal Fiduciary by order of the Court. The Contractor will be named by a Court as a temporary or permanent Guardian, limited Guardian, Rogers Guardian, temporary or permanent Conservator, pursuant to the provisions of M.G.L., c. 190B.

PROGRAM SPECIFICATIONS

Guardianship Service Areas (GSAs) AGE contracts with 23 ASAPs to provide various services in accordance with M.G.L. c. 19A. Each ASAP operates within a defined Service Area created by AGE. Currently, 18 ASAPs work with AGE’s PS Program as designated Protective Service Agencies (PSAs). Each PSA works within 5 Guardianship Service Areas (GSAs) established by AGE. All GSAs, the PSAs serving each area, and the cities and towns included in each area are listed in section 8.

This RFR is specific to GSA 4, and so any Bidder to this RFR may only bid for GSA 4. Any existing Contractor providing these guardianship services in another GSA may bid for GSA 4 through this RFR, but bidders to this RFR need not be an existing Contractor providing these guardianship services. Bidders must bid to provide services for an entire GSA; any bid to serve a portion of a GSA will not be accepted.

Client Eligibility for Services AGE shall manage and make all referrals to the PS Guardianship Program Contractor selected to serve the relevant GSA. Eligibility for the PS Guardianship Program is limited to an Older Adult who:

a. Is a PS Client;

b. Is identified as lacking capacity by a qualified physician, psychologist, certified psychiatric nurse clinical specialist, or nurse practitioner, by means of a signed medical certificate (see medical-certificate-guardianship-or-conservatorship.pdf)

c. Has their PS case referred to a Contractor by AGE because: (1) the Client has been found by PS to face the risk of Abuse, exploitation, serious injury, or death without the benefit of PS Guardianship Program services; and (2) the risk faced by the Client cannot be prevented by alternative legal actions, such as a Protective Order; and,

d. Either has limited financial resources, or has financial resources but due to particular circumstances, there is no other person willing to assume the responsibility of Legal Fiduciary.

Provision of Legal Fiduciary Services After being appointed a Legal Fiduciary for a Client by the Court, the Contractor must provide the following, and as described in Attachment A: Scope of Services:

a. Any and all services, including permanent, temporary, or limited Guardianship and/or Conservatorship services, including Rogers Guardianship, necessary to protect the Client from further Abuse, exploitation, serious injury, or death within the scope and authority granted by the Court, inclusive of compliance with Court orders such as fiscal filing requirements;

b. Services intended to facilitate the determination of the Client’s opinions, needs, and best interests to inform the Legal Fiduciary advocacy for the Client’s welfare and arrange for necessary social, health, mental health, and related services;

c. Management of the Client’s finances and estate, including investments, real property and other assets;

d. Legal services to Clients that include petitioning for changes in Legal Fiduciary status, medical treatment, changes in living arrangements, real estate transactions, and other matters related to the affairs of the Client, and which is dependent on the Client’s estate, availability of resources, advisability of the actions proposed, and the authority granted by the Court; and,

e. Service availability during normal business hours and emergency services on a 24-hour, 7 day per week basis, including all holidays;

f. Cooperation with AGE and its PSAs regarding service plans for Clients served by the PS Guardianship program.

g. The Contractor must seek to provide the least restrictive appropriate services. To this end, the Contractor shall learn about the Client, respect the Client’s intentions to the fullest extent possible, and act within the bounds of the powers granted by the Court. Decisions made on behalf of the Client must be made after considering the risk of harm faced by the Client.

h. The Contractor shall develop or make use of volunteer or paraprofessional staff, family and friends, and other agency casework and legal support that may assist (but not replace the caseworker) to the fullest extent possible in the provision of services;

i. Once a PS Client is referred for PS Guardianship Program services, the PSA is responsible for petitioning the Court to name the Contractor as Legal Fiduciary.

1) Legal expenses for petitions seeking temporary and permanent Legal Fiduciaries are paid for by the PSA;

2) Bonding costs, representation in court at the hearing, and subsequent actions taken on behalf of the Client by the Contractor are paid for out of this Contract’s budget and/or the Client’s assets;

3) Costs associated with the termination of the Contract prior to the end of the Contract term, including costs associated with the transition of Legal Fiduciary status, shall be borne by the Contractor;

4) Upon termination of the Contract, for cause or expiration of the term, AGE shall retain the right to access Contractor records to facilitate the transfer of Legal Fiduciaries until the transfer is complete;

i. Maintain clear fiscal accounting and management of the Client’s estate including, but not limited to, bill paying, the sale of assets, and the oversight and management of investment portfolios;

ii. Cooperate with AGE and PSAs and comply with the requirements set forth in the RFR, the Contract, and controlling laws and regulations; and,

iii. Submit monthly payment vouchers and statistical reports as prescribed by AGE.

Role of the Executive Office of Aging & Independence (AGE) AGE will:

a. Make referrals to Contractors for the provision of Legal Fiduciary services to PS clients in need of these services;

b. Provide program management standards for the administration of the PS Guardianship Program;

c. Provide and/or arrange for training of Contractor staff;

d. Provide consultation and technical assistance to Contractor staff on case-specific situations and questions of policy and procedures;

e. Ensure cooperative working relationships between Contractors and the PSAs in its GSA;

f. Evaluate the performance of Contractors through periodic audits and complaint investigations in accordance with Program Instructions or other guidance issued by AGE;

g. Provide guidance related to monthly statistical reports submitted by Contractors;

h. Ensure the transfer of Legal Fiduciary status of current PS Guardianship Program Clients from current Contractors to new Contractors, if necessary; and

i. Review monthly payment vouchers submitted by the Contractor to ensure proper billing and payment for services rendered.

Qualifications of the PS Guardianship Program Contractor:

Bidders for PS Guardianship Program must:

a. Demonstrate that it is a private, not for profit organization;

b. Not be an Aging Services Access Point or a designated Protective Services agency, or ensure eligibility to provide direct services by waiver approved by the Secretary of AGE;

c. Demonstrate that its charter includes, or will include, Legal Fiduciary capabilities at the time services will begin;

d. Demonstrate that they are currently providing human services to AGEs and/or are currently providing Legal Fiduciary services;

e. Demonstrate that staff are qualified to deliver required services; and,

f. Demonstrate the ability to comply with the requirements of Section 3.3 and other applicable requirements of this RFR

Compensation Reimbursement under this procurement will be on a monthly unit per client basis at a rate established by the Executive Office of Health and Human Services (EOHHS) pursuant to M.G.L. c. 118E, §§ 13C and 13D, which can be found at 101 CMR 417.00. Please note that, as of the date of this posting, the regulation at 101 CMR 417.00 is proceeding through the regulatory amendment process with a proposed rate of $1,144.27 effective 1/1/2026 and for a likely two-year period. Once this proposed rate has been finalized and the regulatory amendments are effective, AGE will amend this RFR with the updated dollar value if the finalized rate is different from the proposed rate. Bidders may also find updates on the regulation and the rates within on the EOHHS webpage: 101 CMR 417.00: Rates for Certain Elder Care Services | Mass.gov Intended Size of the Program The number of cases/units available for the program in total is 153 cases. The number of cases/units in each GSA is provided below, and may be modified by AGE, in its sole authority, pursuant to written issuance, and which may be based on available resources, needs of the GSA including but not limited to capacity or referral numbers, the needs and safety of an Older Adult regardless of their location, or other justification determined by AGE. The numbers of Legal Fiduciary slots allotted to each GSA are as follows:

Based on an annual review of utilization of units, AGE reserves the right to reassign units to Contractor(s) serving other GSAs to ensure the needs and safety of old adults are met.

Reporting Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this RFR or resulting Contract.

Security and Confidentiality Except as necessary to carry out Guardianship and Conservatorship Services and as permitted or required by law, all Client records and information are to be kept confidential under all applicable Federal and State laws, including but not limited to, M.G.L. Ch. 19A and Ch. 66A. The Contractor is prohibited from disclosing any aggregate data regarding this Agreement to third parties for reasons other than Client specific Guardianship and Conservatorship Service needs, unless otherwise permitted by AGE.

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

Failure to perform contractual obligations As outlined in the Standard Contract Form, Terms and Conditions for Human and Social Services Contracts, and this RFR, failure to perform contractual obligations, or remedies for poor performance, may result in the following;

· A Corrective Action Plan as determined by AGE in its sole authority

· Penalties, fines, or withholding of payment as determined by AGE in its sole authority to be reasonable in light of the circumstances of the failure to perform or poor performance

· Termination of any contract resulting from this RFR

· Suspension of performance, or adjustment of allotment of cases

· Adding additional contractors

· Cover/Replacement Costs or Liquidated Damages Requirements at Contract Termination Upon termination of any Contract resulting from this RFR, for cause or expiration of the term, the Contractor shall work cooperatively with any successor Contractor and the Court to provide the orderly transition to new Legal Fiduciaries and ensure that services are not interrupted. This requirement will survive the expiration or termination of the Contract. In addition, upon termination of the Contract, Contractor will supply AGE with all personal data held by the Contractor.

Audit During the term of any Agreement resulting from this RFR, and for a period of six years thereafter, AGE, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged AGE, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Transition of Clients from Non-Selected Current Contractors Contractors currently providing PS Guardianship services that are not selected for contract award pursuant to this RFR will be expected to transition clients to selected Bidders, as directed by AGE, and in accordance with any applicable Court order. Selected Bidders will be required to work with such non-selected current Contractors, and the Court as applicable, to effectuate a safe and orderly transition of clients. Any maximum number of clients, as described at Section 3.7 of the RFR or as provided in Attachment A Scope of Work or any Agreement resulting from this RFR, or as otherwise determined by AGE, may be subject to, and may be reduced by, those clients being served by the non-selected current Contractors until such time that those clients may be transferred to the selected Bidder(s). Selected Bidders are deemed to have understood this likelihood by submitting a Response to this RFR and executing any Contract resulting from this RFR.

1 PROCUREMENT INFORMATION

Procurement law This Bid is issued in accordance with 801 CMR 21.00.

Number of Awards The anticipated number of Contractors to be awarded is estimated to be one (1) that will cover GSA 4; AGE may award more or fewer contracts, including awards for multiple contracts in one GSA, or one contract for multiple GSAs, if it is in the best interests of the Commonwealth, or represents best value, to do so.

Adding Contracts after Initial Contract Award If, over the life of the Contract, AGE determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Contractors.

Entities Eligible to Use this RFR Any contract resulting from this Bid will be open for use to the Issuing only.

Acquisition Method The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service at the rate established at 101 CMR 417.00.

Contract Duration The expected duration of this contract is as follows:

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Estimated Value of the Contracts The estimated value of purchases resulting from this Bid is estimated to be approximately $2,100,879.72 over the first fiscal year. The Commonwealth makes no guarantee that any commodities or services will be purchased from, or any contract entered into resulting from, this RFR. Any estimates or past procurement volumes that may be referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

Procurement Calendar

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

Procurement Contact Bidders are prohibited from communicating directly with any employee of AGE 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, except as specified in this RFR. Bidders may contact the RFR Contact in the event this RFR is incomplete.

RFR Contact: Sheila Tunney Executive Office of Aging & Independence One Ashburton Place, 10th Floor Boston, MA 02108 Email: Sheila.Tunney3@mass.gov

2 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

Business Response As part of the bid, bidders must provide a Cover Letter that includes the following:

· Name of the bidder

· Address of bidder

· Name, address, email, and telephone number of the bidder’s contact person

· The name of the RFR for which the bidder is submitting a response

· A statement that clearly accepts the terms of this RFR and Attachment A Scope of Services without substantive change

· Acknowledgment that the bidder has read and understood the following documents:

· Commonwealth of Massachusetts Standard Contract Form (or “SCF,” to be completed upon selection and contract award)

· Standard Contract Form Instructions and Vendor Certifications

· Commonwealth Terms and Conditions for Human and Social Services Contracts (referenced in the SCF)

· Massachusetts Substitute W-9 form – Request for Taxpayer Identification Number and Certification (to be completed upon selection and contract award)

· A statement that the bidder’s response will remain in effect until a contract resulting from this RFR is executed

· The name, address, email address, and telephone number of the individual who should be contacted for the purpose of discussing any aspect of the bidder’s response Additionally, bidders must provide the following information:

· Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency. A copy of the COOP must be included with the bidder’s response.

Further, the following forms must be completed by the Bidder and signed and submitted with the Business Response:

· AGE-Required Bidder Certification Form

· Contractor Authorized Signatory Listing (for corporations or sole proprietors as applicable)

· Supplier Diversity Program (SDP) Plan Forms for Goods and Services

· Prompt Payment Discount (PPD) form; and

· Business Reference Form Programmatic Response The Bidder must submit the following as part of its Programmatic Response.

Organizational Overview: The bidder’s legal name, trade name, and any other name under which it does business; the bidder’s ownership status; a list of the Board of Directors or governing body, as applicable; an explanation of the type of entity of the bidder; and an organizational chart demonstrating names, titles, and reporting relationships of key organization officers and other key personnel.

Background and Experience: the bidder must describe how its background and experience meets the requirements of this RFR, including experience providing guardianship, conservatorships, or other legal fiduciary roles as well as experience working with older adults, especially those older adults who are medically frail or who are victims of abuse. Detail the number of legal fiduciary clients the bidder currently has at the time of bid submission. Describe the bidder’s familiarity with the Massachusetts Protective Services Program and experience working with law enforcement and the court system.

Continuity of Operations Plan: Bidder should provide their continuity of operations plan (COOP) to ensure services can continue in an emergency.

Scope of Services: Bidder must provide a narrative detailing how it can meet the requirements of this RFR pertaining to the scope of services at Section 3 Program Specifications as well as Attachment A: Scope of Services. The narrative should describe, at a minimum, the bidders’ ability to ensure eligibility of clients, accept and process referrals from AGE and its PS Agencies, provide coverage of service 24 hours a day seven days a week, comply with applicable guardianship laws and orders of the court, maintain contact with clients, maintain good recordkeeping and comply with reporting requirements, meet staffing expectations, conduct quality client assessment and service development, and conduct quality legal fiduciary services.

GSAs and Transition: Bidder must indicate it intends to cover GSA 4 through submitting a bid to this RFR, as well as an indication of whether it can take on additional GSAs or cases as assigned by AGE or continue operating if assigned fewer cases or GSAs. Because there is some likelihood that there will be a transition period at the start of the contract, the Bidder must describe how it will be able to take on a lower number of cases at the start of the contract and ramp-up staffing and other activities as clients transition from outgoing contractors.

Supplier Diversity Program A. 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).

B. 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 assessment 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.

C. 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)

D. Eligible Types of Business-to-Business Relationships.

Bidders and Contractors may engage SDP Partners as follows:

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

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

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

E. 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 Material 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.

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.

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

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

It is desirable for Bidders to provide an SDP Focus Statement that describe the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal;

· Specific types of diverse and small businesses targeted;

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

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

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

· An existing internal supplier diversity policy; and

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

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

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

· Technical and financial assistance provided to diverse businesses;

· Participation in joint ventures between nondiverse and diverse businesses; and

· 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.

F. Evaluation of the Supplier Diversity Program (SDP) Plan

AGE will favorably consider Bidders with higher SDP Plan commitments. Bidders’ SDP Plans shall be reviewed and ranked based on each Bidder’s percentage commitment to their SDP Partner(s) and the quality of the narrative Response. Bidders will be ranked using rankings of “highest among Bidders”, “middle” and “lowest/lower end”. 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.

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

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

H. SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

I. Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

Written questions via the Bid Q&A on COMMBUYS The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from AGE regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. AGE 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 any questions submitted 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 of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. AGE reserves the right to edit or delete any 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. AGE 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.

Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid.

The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

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

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 front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

Resources to assist Bidders in submitting Quotes is found at:

https://www.mass.gov/service-details/job-aids-for-vendors-using-commbuys COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

· Instructions for Vendors Responding to Bids Electronically through COMMBUYS, see Section 9 of this RFR;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote

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

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.

Bid Opening Date/Time All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

Quote Contents Bidders must comply with the requirements below.

Electronic Signature Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

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

Limits and Restrictions

Withdrawing a Quote Prior to Bid Opening Date/Time Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

After Bid Open Date/Time No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

Prohibition on New Contract Terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions for Human and Social Services Contracts, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors, who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

Response Evaluation Process A. Evaluation Committee An Evaluation Committee (“Committee”) appointed by AGE will evaluate Responses submitted pursuant to this RFR.

B. Evaluation Process Response Review Process All Responses submitted pursuant to this RFR will be reviewed by AGE to determine compliance with the response submission instructions. For those Responses that comply with the response submission instructions, AGE will review the Business Response. For those Responses that comply with the Business Response, the Evaluation Committee will evaluate the Bidders’ Programmatic Responses, and Supplier Diversity Program Plan.

One or more Bidders may be invited to provide additional information about specific provisions of the response through an oral presentation or through additional written material.

Evaluation Criteria The Evaluation Committee will evaluate each element of the Bidder’s Programmatic Response for comprehensiveness, appropriateness, feasibility, clarity, effectiveness, innovation, and responsiveness to the needs of AGE. In addition to the Programmatic Response, AGE may consider any relevant information about the Bidder known to AGE.

Should a Bidder be selected for a contract, AGE may fully or partially fund the request submitted by the Bidder.

Each Supplier Diversity Program Plan will be reviewed in accordance with the requirements described at Section 5.8 of the RFR pertaining to the SDP Plan and related evaluation criteria.

Response Rating The Evaluation Committee will:

· Evaluate Responses in accordance with the criteria described above;

· Give a composite rating of “Excellent,” “Very Good,” “Good,” “Fair,” “Poor” or “Non-Responsive” for each element of the Bidder’s Programmatic Response;

· Assign each of the Responses an overall rating;

· Compare the Responses to one another; and

· Rank the Responses in order of preference.

Oral Presentations AGE, in its sole discretion, will determine which Bidders, if any, will be asked to make an oral presentation. Oral presentations may be held to allow a Bidder to clarify details or further inform the Evaluation Committee regarding the Bidder’s organization or Response, but such presentations may not change or correct the original Responses in any way.

AGE reserves the right to apply restrictions to the structure and content of the Oral Presentation, and to instruct the Bidder regarding attendees.

Oral presentations shall not be open to the public or to any competitors. The Evaluation Committee will schedule the time and location (which may be virtual) of any oral presentation. Failure of a Bidder to agree to a date and time for an oral presentation may result in rejection of the Bidder’s Response.

Best Value Selection AGE will select the Responses which, in its sole discretion, it determines demonstrates the best value overall to AGE and the Commonwealth.

Recommendation for Award After the Evaluation Committee completes its evaluation, comparison, and ranking of proposals, and, if applicable, oral presentations and interviews, the Evaluation Committee may recommend to the Secretary of AGE or designee the Bidders with which to enter into Contract negotiations. The decision of the Secretary for AGE, or designee, will consider the Committee’s recommendation and the best interests of the Commonwealth.

Negotiation AGE, in its sole discretion, may negotiate with any selected Bidder prior to executing a Contract. A recommendation for Contract award will be contingent upon successful negotiation of Contract terms, including budgets. Should AGE fail to reach an agreement on Contract terms with any selected Bidder, AGE, in its sole discretion, may negotiate with, and award a Contract to, any other Bidder it selects, or reopen the RFR.

Contract Award The award of a Contract under this RFR will be subject to sufficient appropriation, availability of state and federal funds, and all necessary state and federal approvals.

Bidders selected for Contract Award must agree to and execute Contract, which shall be in substantially the same form as Attachment A. To participate as an Independent Assessment Entity, the selected Bidder must sign the Massachusetts Standard Contract Form, which incorporates by reference the Commonwealth Terms and Conditions for Human and Social Services Contracts, without modification.

C. Non-Qualifying Responses Rejection of Responses A Bidder’s response may be rejected at any time during the evaluation process if the Bidder:

· Fails to demonstrate to AGE satisfaction that it meets the Bidder Qualifications set forth in this RFR;

· Fails to demonstrate to AGE satisfaction that it meets all other RFR requirements;

· Fails to satisfy all Response Submission instructions described in Section 5, to submit a response organized in accordance with all instructions, or to submit a response that is complete in all respects;

· Receives a rating of “Non-Responsive” or “Poor” in the evaluation of one or more sections of the Bidder’s Programmatic Response;

· Has any interest that may, in AGE’s sole determination, conflict with performance of services for the Commonwealth or is anti-competitive;

· Fails to make an oral presentation/demonstration pursuant to this RFR requested by AGE at a time, place, and manner satisfactory to AGE;

· Has a reference, oral presentation/demonstration that, in AGE’s sole determination, indicate the inability of the Bidder to adequately perform the services sought under the RFR;

· Rejects or qualifies its agreement to any of the mandatory provisions of the RFR; or

· Fails to reach an agreement with AGE on all Contract terms, including, but not limited to, payment provisions.

Other Remedies The Evaluation Committee, in its sole discretion, may determine that noncompliance with any RFR requirement is not material or is insubstantial. In such cases, the Evaluation Committee may:

· Seek clarification;

· Allow the Bidder to make minor corrections;

· Apply appropriate penalties in the evaluation; or

· Apply a combination of two or more of the three remedies.

Additional Terms General Procurement Information 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 Quote.

Ownership of Submitted Quotes AGE shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to…