RFR_Labor Arbitrators_Final (1) (2).pdf

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THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE FOR ADMINISTRATION AND

FINANCE

HUMAN RESOURCES DIVISION

100 CAMBRIDGE STREET, SUITE 600

BOSTON, MA 02114

Request for Response (RFR)

Request for Response (RFR) Document Title: Arbitrators

COMMBUYS Bid#: BD-25-1056-LEGAL-HRDLE-107425 Agency Document Number:

09-17-2024 10:41:07

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

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Applicable Procurement Law

1.4 Number of awards

1.5 Adding Contractors after initial Contract award

1.6 Eligible Entities

1.7 Acquisition Method(s)

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract

1.9 Contract Duration

1.10 Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Resume Including Certifications, Affiliations and Experience

3.1.2 Statement of Agreement to Perform Basic Duties

3.1.3 Master Service Agreement (MSA) requirements

3.1.4 Requirements at Contract or Engagement Termination

3.2 Small Business Purchasing Program

3.2.1 Program Background

3.2.2 SBPP Award Preference

3.2.3 SBPP Participation Eligibility

3.2.4 SBPP Compliance Requirements

3.2.5 Program Resources and Assistance

3.3 Environmental Specifications

3.3.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4 Compensation Structure/Pricing

4 OTHER TERMS

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

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4.1 Continued qualification based on performance

4.2 Reporting

4.3 Restrictions on Contract use

4.4 Security and confidentiality

4.5 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

4.6 Failure to perform contractual obligations

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Alternatives

7 HOW TO SUBMIT A QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 RFR Submission Checklist

7.5.2 Electronic Signatures

7.5.3 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

7.8 Additional Quote Terms

7.8.1 Prohibition regarding contract terms

7.8.2 Bidder Response Form

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Quotes

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Contractual Status of Orders and Service Contracts

8.2.4 Publicity

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9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10 APPENDIX 3 - RATES, MEMBERSHIP FORM FOR LABOR

ARBITRATION SERVICES

11 APPENDIX 4 INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

11.1 Commonwealth Standard Contract Form

11.2 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions

11.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

11.4 Contractor Authorized Signatory Listing

11.5 Supplier Diversity Program Plan Form [N/A]

11.6 Current Environmentally Preferable Products / Practices Form [N/A]

11.7 Prompt Payment Discount Form [N/A]

12 APPENDIX 5 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

13 APPENDIX 6 - GLOSSARY

RFR <Insert Agency Document Number> / COMMBUYS Bid# <Insert COMMBUYS Bid Number>

Document Sensitivity Level: High during development; Low once published.

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts, Human Resources Division (HRD), is soliciting Bidders for the acquisition of pre-qualified Labor Arbitrators.

1.2 Background information

HRD is responsible for maintaining a list of qualified Labor Arbitrators available to Commonwealth Departments. These arbitrators are utilized under the terms of collective bargaining agreements between the Commonwealth and various Labor Unions.

Under the collective bargaining agreements, grievances may be brought to arbitration for final resolution.

The Arbitrator is a neutral party selected by mutual agreement between HRD and the Union to hear facts of the grievance and to render a decision or opinion. The decision is final and binding on all parties, subject to the provisions of G. L. c. 150C.

The current contract expires in November 2024. In order to remain on HRD’s qualified list and to be eligible for appointment after the expiration of the existing contract, all Labor Arbitrators who are currently providing services to HRD must submit a Response to this RFR.

1.3 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

There is no target maximum number of Contractors. The Strategic Sourcing Services Team (SSST) may award Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Contract award

This contract is a rolling enrollment contract and will remain open and responses will be accepted until November 15, 2024. After the initial selection process is completed (via this RFR), additional qualified bidders (including bidders not selected during the initial selection process) may submit responses at any time. However, submitted responses will only be evaluated and awarded on an as needed basis, as determined by the Human Resources Division.

Document Sensitivity Level: High during development; Low once published.

1.6 Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any contract resulting from this Bid will be open for use by the Issuing Entity as well as the following other entities:

All existing user departments belong to Executive, Legislative and Judicial Branches, including all Departments and elected offices will be re-enrolled in the new service contract.

State Departments are identified in MMARS as entities which include Executive Office, Department, Agency, Office, Division, Board, Commission or Institution within the Executive Branch, the Legislative Branch, the Judicial Branch, the Constitutional Offices, the Elected Offices, Public Institutions of Higher Education and the Military Division. For the purpose of this contract, Department, may include Independent Public Authorities of the Commonwealth (see M.G.L. c. 29, section 1), other political subdivisions of the Commonwealth including cities, towns, municipalities, county governments, school districts and other service districts, and quasi-public Departments.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service.

1.8 Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than one year after final contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance, or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance, or other agreements for service, which were executed pursuant to the main contract.

1.9 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years/Months

Initial Duration Ten (10) Years Renewal Options Three (3) Three (2) Years Total Maximum Contract Duration

16 Years

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

1.10 Estimated Value of the Contract

Contract will NOT have a Maximum Obligation Amount, (Rate Contract). The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes 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.

Document Sensitivity Level: High during development; Low once published.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Announcement of Intent to Procure 9/12/2024

Bid Release Date 10/1/2024

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

Bids received by 10/25/2024 will receive a response by 11/12/2024

Notification of Apparent Successful Bidder(s) (Estimated)

11/12/2024

Estimated Contract Start Date 11/18/2024

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.

Document Sensitivity Level: High during development; Low once published.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

The minimum qualifications outlined in this section must be met in order for your bid to be considered responsive.

The Commonwealth reserves the right to confirm any information provided and to consider your bid to be non-responsive if provided information cannot be confirmed. In addition, any statements, which are submitted, which are contrary to these minimum qualifications will not be accepted and your response will be considered non-responsive.

3.1.1 Resume Including Certifications, Affiliations and Experience

Interested individuals must submit a current resume. The resume should state the most recent experience first and should cover at least five (5) years prior to the submittal date of this RFR. The resume must present sufficient evidence of experience to substantiate the following:

- Bidders ability to provide successful labor arbitration services.

- Participation on the American Arbitration Association (AAA) panel. Bidders must provide dates and descriptions of service, which substantiate that they are on the AAA panel.

3.1.2 Statement of Agreement to Perform Basic Duties

The basic duties of the Labor Arbitrator include the following:

- Making arrangements with labor and management representatives for a time, date and place for an arbitration hearing.

- Notify parties of applicable cancellation period.

- Arranging availability of virtual platform for the hearing, when applicable.

- Conducting hearings to evaluate the contentions of the parties regarding disputed contract provisions;

- Analyzing information, testimony and evidence presented at hearings, or contained in written briefs, to determine if they support the alleged contract violation;

- Reviewing relevant contract language, laws, industry practices, and other arbitration awards and opinions;

- Rendering a binding decision or opinion in writing which contains the relevant issues, supporting information, and reasoning. This written decision shall be final and binding in accordance with Massachusetts General Laws, Chapter 150C;

- Submitting the written decision or opinion to both the Labor Union and the State Agency involved in the proceedings. A copy of the decision must also be submitted to HRD with the invoice for services rendered; and

- Settling the dispute and disposing of the case within thirty (30) days of the final hearing, unless the parties mutually agree to an extension.

- Maintaining confidentiality related to the parties involved in the arbitration proceeding in accordance with best practices.

Document Sensitivity Level: High during development; Low once published.

Bidders must provide a statement, which demonstrates agreement to the above duties. Any statements submitted which are contrary to these duties will not be accepted.

3.1.3 Master Service Agreement (MSA) requirements

SELECTION PROCEDURES

Upon receipt of a “demand for arbitration” filed under any collective bargaining agreement, HRD (or use Department) chooses the names of up to five (5) arbitrators from the list of arbitrators who have been awarded a contract under this RFR. The list of chosen names is forwarded to the Union;

The selection process between the Commonwealth and Union are specified in the applicable Collective Bargaining Agreement(s); and

In the event that the Union and HRD cannot agree on any one of the proposed Arbitrators, the Union will file a request pursuant to the relative collective bargaining agreement, with the American Arbitration Association (AAA) asking them to select a Labor Arbitrator. Both parties will be bound by the AAA selection.

3.1.4 Requirements at Contract or Engagement Termination

Bidders must agree that at the termination of this Contract, or a specific labor arbitrator’s engagement under this contract, they will:

Send decisions to HRD, including in matters where HRD is not providing representation Timely invoice the Commonwealth pursuant to the Invoicing Procedures established in this RFR and that may be amended as necessary during the life of the contract.

Provide notice when an appointment is declined.

3.2 Small Business Purchasing Program

3.2.1 Program Background

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

3.2.2 SBPP Award Preference

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

3.2.3 SBPP Participation Eligibility

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

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

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/

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2. Been in business for at least one year;

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

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

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

3.2.4 SBPP Compliance Requirements

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

3.2.5 Program Resources and Assistance

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

3.3 Environmental Specifications

Commitment to reduce reliance upon paper materials to the extent possible, and to transmit decisions electronically.

3.3.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

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

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3.4 Compensation Structure/Pricing

RATE AGREEMENT FORM

The Arbitrator’s contractual fee and other reasonable expenses, in accordance with all the collective bargaining agreements, are split equally between the Department and the Union involved. Bidders must complete, sign, and submit with their response, the Rate, Membership Form that is included at the end of this document.

If awarded a contract, HRD will send you a signed copy of your Standard Contract and Rate, Membership Form, along with an award letter. Your assigned Commonwealth Vendor Code will be on the top of your Standard Contract. This code is very important in the processing of any future paperwork on your behalf.

The effective date of your contract will be dependent upon acceptance by HRD and the OSC of all required documentation.

Arbitrators awarded a contract as a result of this bid may update and/or amend the Rate Agreement Form with notice to HRD. Amended rates shall be applicable prospectively to engagements commenced after the receipt of an updated or amended form.

INVOICING PROCEDURES

1. The Arbitrator shall submit a final invoice only after rendering a decision or opinion in writing.

In the event that a matter is continued into a new Fiscal Year, interim invoices may be submitted covering services rendered to date. Final invoices must be attached to a copy of the rendered decision. The invoice must contain at least the following:

- Name of the Department and address being billed;

- The Statewide contract number (MBPO);

- Number of days, or fraction thereof, spent at hearings and the rate charged;

- List of the dates and times of all hearings;

- Number of days or fraction thereof, spent writing the decision/opinion, and the rate charged; and

- Grand total of invoice and identification of the portion of the invoice which has been billed to the Department.

2. The Arbitrator must submit all Department invoices and substantiating documents to HRD for review and approval prior to receiving payment, unless directed otherwise by HRD.

3. All approved invoices for Arbitration Services are payable at the rate of 50% by the Department and 50% by the Labor Union in the arbitration and must be invoiced as such, unless the parties have notified the Arbitrator of a different arrangement.

4. The Arbitrator shall be entitled to charge a per diem rate equal to one day if a scheduled hearing is canceled within the Arbitrator’s cancellation period the hearing date and time or as otherwise agreed to by the parties.

Document Sensitivity Level: High during development; Low once published.

Note: Arbitrators may be entitled to reasonable expenses incurred in providing arbitration services for a specific case. The Commonwealth reserves the right, PRIOR TO SERVICE, to approve or disapprove of proposed expenses. Reasonable expenses include 1) mileage reimbursement and 2) lodging and meals (when an overnight stay is unavoidable and necessary due to a consecutive hearing days).

4 OTHER TERMS

4.1 Continued qualification based on performance

The selected Statewide Contractors will be reviewed semi-annually to ensure that the terms of the RFR and the approved response, with all negotiated additions and deletions, are being met.

4.2 Reporting.

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

4.3 Restrictions on Contract use

Subcontractors may not be used. Only the individual who has submitted a response to this RFR and has been awarded a contract may provide labor arbitration services under this contract.

4.4 Security and confidentiality

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 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.

4.5 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Commonwealth Contract Manager.

All Contract questions must be directed to the Commonwealth Contract Manager.

Change notification

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 reported promptly via email to the Commonwealth Contract Manager.

In some cases, additional paperwork will be required to effect the change.

4.6 Failure to perform contractual obligations

Termination

5 AUDIT

During the term of this Agreement and for a period of six years thereafter, the Human Resources Division, 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, 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 HRD, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

Document Sensitivity Level: High during development; Low once published.

6 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the SSST.

The SSST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or may be easily corrected.

Rate, Member Agreement Form Resume Statement of Agreement re: Basic Duties

6.2 Alternatives

A Quote that fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives that provide equivalent, better, or more cost-effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract.

The Quote should describe how the alternative achieves substantially equivalent or better performance than those described in the Bid specifications.

The SSST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

Document Sensitivity Level: High during development; Low once published.

7 HOW TO SUBMIT A QUOTE

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

7.1 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 COMMBUYS and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

7.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

Appendix 5, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

An online job aid on How to Create a Quote

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

COMMBUYS.

7.3 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.

7.4 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 http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ http://www.commbuys.com/ https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 http://www.mass.gov/osd/commbuys

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official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

7.5 Quote Contents

Bidders must comply with the requirements below.

Document Sensitivity Level: High during development; Low once published.

7.5.1 RFR Submission Checklist

Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

A. ____ *RESUME.

B. ____ *RATE MEMBERSHIP FORM: (SEE ATTACHED) FORM IS SELF-EXPLANATORY.

C. ____ *STATEMENT OF ADHERENCE TO BASIC DUTIES

D. ____ *W-9 Form: The Bidder must complete, sign, and submit the W-9 form. This form is required by the Office of the Comptroller for Taxation Reporting Information and is used to assign or confirm a Massachusetts Vendor Number. Procurement cannot be executed without a valid Massachusetts Vendor Number on file with the Commonwealth. Business enterprises must complete “Employer Identification” number only. Individuals who report income through their Social Security Number must complete “Social Security” number only. The information on this form will be used to record your place of business and where payments under a state Procurement will be sent.

E. ____ *Standard Commonwealth Terms and Conditions: The Bidder must complete and sign the Terms and Conditions according to its preceding “Instruction” page. The document must be unconditionally signed, and submitted without alteration. If the provisions in this attachment are not accepted in their entirety without modification, the entire proposal offered in response to this solicitation might be deemed non-responsive.

F. ____ *Standard Contact Form: The Bidder must complete and sign the Standard Contract Form. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a Response to a Request for Response (RFR) issued by the Department and that this Response is the Contractor's offer as evidenced by the execution by the Contractor's authorized signatory, that the Contractor's Response may be subject to negotiation by the Department, and that the terms of the RFR, the Contractor's Response and any negotiated terms shall be deemed accepted by the Department and included as part of the Contract upon execution of the Standard Contract Form by the Department's authorized signatory.

G. ___ *Contractor Authorized Signature Verification Form: The Bidder must complete and sign the Contractor Authorized Signature Verification Form. This form provides proof of Bidder or Contractor signatory authorization to execute contracts of behalf of the Bidder.

H. ___ * SMALL BUSINESS PURCHASING PROGRAM (SBPP) REGISTRATION

See SECTION 9 FOR ADDITIONAL INFORMATION. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

I. ___ *AUTHORIZATION FOR ELECTRONIC FUNDS PAYMENT (EFT):

Bidders are required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Transfer Form to the Operational Services Division for review, approval, http://www.mass.gov/sbpp

Document Sensitivity Level: High during development; Low once published.

and forwarding to the Office of the State Comptroller. If the Bidder is already enrolled in the program, the contractor must notify the contract manager in writing.

**The items listed above are mandatory requirements for a bid submission, unless designated optional.

Any bids received without the mandatory submission requirements may be deemed unresponsive and may not be considered. A bid deemed responsive must consist of the items (A-I) detailed above.

Document Sensitivity Level: High during development; Low once published.

7.5.2 Electronic Signatures

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 she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they has read and assented to each document’s terms.

7.5.3 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.

7.6 Limits and Restrictions

7.6.1 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file may be processed by the upload tool. The upload tool will reject file names that includes spaces or symbols, such as brackets [ ] that some systems apply when downloading files from the Internet.

RFR Section or Quote Component

Description Enter in COMMBUYS during upload

File Name Assign when creating files

Section 1 Resume Company Name Resume CompanyName_Resume.doc Section 2 Rate Membership Form Company Name Rate Membership Form CompanyName_RMF.doc Section 3 Statement of Adherence to Basic Duties

Company Name Statement of Adherence to Basic Duties

CompanyName_Statement.doc

Section 4 Bidders Checklist Company Name Bidders Checklist CompanyName_Bidders Checklist

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote in COMMBUYS.

Document Sensitivity Level: High during development; Low once published.

7.7.2 After Bid Opening Date/Time

Quotes may not 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.

7.8 Additional Quote Terms

7.8.1 Prohibition regarding 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, the Standard Contract Form, or other documents comprising this RFR. Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only those terms and conditions. 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.

7.8.2 Bidder Response Form

All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable,” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid to be evaluated.

Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SSST does not want and will not read, consider, or evaluate a line by line response to this

RFR.

Document Sensitivity Level: High during development; Low once published.

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

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

8.1.2 Ownership of Submitted Quotes

The SSST shall be under no obligation to return materials submitted by a Bidder in response to this Bid.

All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

8.1.3 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listedin contact information section of the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

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

RFR.

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

8.2.2 Contractor’s Contact Information

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

mailto:osdhelpdesk@mass.gov

Document Sensitivity Level: High during development; Low once published.

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

8.2.3 Contractual Status of Orders and Service Contracts

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

8.2.4 Publicity

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

Document Sensitivity Level: High during development; Low once published.

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

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

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR.

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

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

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

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

Any amendments, addenda, or modifications to this Bid, and Any Bid Q&A records related to this Bid.

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

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

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

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

https://www.mass.gov/info-details/glossary-of-terms-for-osd https://www.mass.gov/info-details/glossary-of-terms-for-osd https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759

Document Sensitivity Level: High during development; Low once published.

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

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

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

RFR.

6. Small Business Purchasing Program (SBPP)

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

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

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

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

6. Been in business for at least one year;

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

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

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

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

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/ http://www.mass.gov/sbpp

Document Sensitivity Level: High during development; Low once published.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help…