RFR_MGC-2015-15 GLM Final.doc

Massachusetts Gaming Commission Request for Responses (RFR)

For Executive Search Firm for Manager of Gaming

Technology Laboratory Operations Of the Massachusetts Gaming Commission

RFR # MGC-2015-GLM-15

April 8, 2015

TABLE OF CONTENTS

SECTION 1:

Introduction/Procurement Requirements

SECTION 2:

Scope of Services

SECTION 3:

Response Requirements

SECTION 4:

Response Evaluation Process

SECTION 5:

Additional Terms and Conditions Section 1. Introduction/Procurement Requirements

A. Overview

Through this Request for Responses (RFR), the Massachusetts Gaming Commission (MGC) seek a contingent search firm (Consultant) to recruit, screen and recommend qualified candidates to serve as Gaming Lab Manger for the Massachusetts Gaming Commission.

B. MGC Background

The Massachusetts Gaming Commission is responsible for the implementation of the expanded gaming law (chapter 194 of the Acts of 2011). As part of the law, the Commission will establish a regulatory framework for the solicitation, licensing and oversight of a maximum of three casino licenses and one slots parlor license.

C. Purpose of Procurement

MGC seeks a contingent search firm to assist and advise the Massachusetts Gaming Commission in the hiring and appointment of the Commission’s Gaming Lab Manager. The Commission may designate a committee or subcommittee directors to interview candidates.

Through this RFR, MGC seeks to qualify bidders to perform a contingent search to recruit, screen, and recommend qualified candidates for the position of Gaming Lab Manager.

D. Vendor Qualifications

The preferred vendor will have expertise and experience in performing recruitment and hiring searches, ideally in both the public and private sectors, and in the regulatory or gaming fields. The preferred vendor will also have experience in advising governmental entities in Massachusetts and/or other states. The preferred vendor will have the capacity to commit personnel and resources necessary to provide high quality services in a timely and responsive manner.

E. General Procurement Requirements MGC is not subject to the regulations of public procurement for state agencies (801 CMR 21.00). However, MGC chooses to adopt those regulations and is issuing this RFR in accordance with such regulations. MGC reserves the right to alter the procurement process at any time and without notice.

801 CMR 21.00 requires a competitive procurement process, including the issuance of a RFR, for acquisitions of all commodities and services. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. 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.

MGC makes no guarantee that a contract, or any obligation to purchase any commodities or services, will result from this RFR.

MGC reserves the right to amend this RFR at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement web site, CommBuys (see Section 5.B for information on CommBuys). Bidders are cautioned to check this site regularly, as this will be the sole method used for notification of changes. (See also Section 5.G.)

All responses must be submitted in accordance with specifications in Section 3: Response Requirements.

1. Acquisition method: Contingent Fee (MGC will pay a fee for services only if a person is hired directly through agency search efforts)

2. Single or multiple vendor(s): Multiple

3. Use of Procurement by single or multiple agencies: Single

4. Anticipated Duration of Contract: The initial duration of the contract that results from this RFR will be from the date on which it is awarded until May 15, 2016 or until the Gaming Lab Manager is hired, whichever is sooner. The contract may be extended in any increment at the discretion of MGC up to a maximum term, including all contract extensions, of twelve months.

5. Anticipated Payment Structure: The contractor will be paid for services rendered, after the employee has completed the first ninety (90) days of employment with MGC and submission and approval of invoices. The contract under this RFR does not contain a maximum obligation provision.

F. Procurement Timetable

Unless otherwise specified, the time of day for the following events shall be between 9:00 a.m. and 5:00 p.m., Eastern Standard Time. All other times specified in this RFR are Eastern Standard Time.

MGC may adjust this schedule as it deems necessary. Notification of any adjustment to the RFR Timetable shall be posted on CommBuys.

Section 2. Scope of Services

1. The purpose of the contract awarded under this RFR is to engage staffing agencies to recruit, screen and recommend qualified candidates for the position of Gaming Lab Manager for the Massachusetts Gaming Commission. The MGC may request from the staffing agencies additional qualified candidates if the first (or subsequent) round(s) of candidates provided to them fails to meet their needs.

2. Consultant must develop a recruitment strategy within 14 calendar days following the acceptance of the project plan. Said strategy shall include the dissemination of the approved Job Description by the selected vendor to applicable and appropriate professional markets. This strategy may include contacting other states or gaming regulatory agencies, universities and professional organizations connected to the gaming industry to learn how similar were recruited, and adopting those methods that are appropriate to the Massachusetts search effort. In addition, the recruitment strategy should include a position profile that describes the short and long-term objectives of the Gaming Lab Manager and the salary information, as well as a description of desired professional experience and other characteristics of a successful candidate.

3. Said recruitment strategy shall identify a field of candidates whose career experiences, interests, and availability closely match the position requirements and employment conditions. This identification process should include an evaluation tool(s) to assist in compiling the results of in-depth personal interviews with each potential candidate, verification of credentials, in-depth appraisal of relevant work experiences, and the Consultant’s assessment of each candidate’s strengths and weaknesses with respect to the position.

4. The goal of the search process is to secure one qualified candidate for the Gaming Lab Manager with an offer of employment within 60 calendar days of execution of the contract with the selected search firm.

5. Certain expenses associated with this contract may be allowable costs for reimbursement consistent with the intent of this contract. Said costs may include travel and reasonable accommodation expenses of qualified candidates. Any expenses shall require prior approval of MGC.

Section 3. Response Requirements

A. General Submission Instructions

Complete responses must be submitted by the date listed in the Procurement Timetable, Section 1.F, no later than 3:00 p.m., Eastern Standard Time. Responses must be submitted through CommBuys, by mail or hand-delivered to:

Trupti Banda Massachusetts Gaming Commission 101 Federal Street 23rd Floor Boston, MA 02110 The bidder must submit:

1. one electronic copy of resume;

B. Business Response

1. Required Forms

Bidders must submit as part of their Business Response the following Commonwealth-required forms. All of the referenced forms are available on the forms and terms tab for this solicitation on CommBuys (www.commbuys.com).

· Standard Contract Form and Instructions

· Commonwealth Terms and Conditions

· Massachusetts Substitute W-9 form – Request for Taxpayer Identification Number and Certification

· Contractor Authorized Signatory Listing

· Executive Order 504 Contractor Certification

· Consultant Contractor Mandatory Submission Form

· Authorization for Electronic Funds Payment (EFT)

· Prompt Payment Discount Form (PPD)

Bidders may submit as part of their Business Response the following Commonwealth form

· Small Business Purchasing Program (SBPP) Plan

2. Vendor History

The bidder shall provide a brief description of the firm, including its organizational structure, its scope of business, its internal organization and number of personnel dedicated to major practice areas, its corporate and ownership structure, and whether any merger or acquisition plans are pending.

Each bidder shall provide a description of its relevant experience in technical search and recruitment, particularly in the areas of technical placement, as well as within the hospitality, gaming and/or regulatory sectors, including: (a) a general description of the relevant services the firm provides to other clients, and (b) the staff at the firm dedicated to providing these services.

Each bidder shall also describe any previous assignments undertaken for any entities which might pose a potential conflict of interest.

3. Corporate References

The bidder shall list five references, at least one of which should be governmental, for which the bidder has provided services similar to the work contemplated by this RFR.

These references must include the following information:

· The client organization’s name and address;

· The name and title, address, telephone number, and e-mail address for a contact person;

· A brief description of the services provided; and

· The start and end dates for the project.

4. Bidder’s Organization and Project Staff

5. Bidder’s Financial Stability

MGC reserves the right to require the bidder or contractor, at any time during the procurement or contract term, to submit any documentation requested by MGC to demonstrate to its satisfaction that the bidder’s organization is in sound financial condition. MGC may disqualify a bidder if the bidder fails upon MGC’s request to submit the documents required by this section, or if the documents indicate to MGC, in its reasonable discretion, that the bidder’s financial condition is unsatisfactory for the purposes of this project.

C. Cost Proposal The bidder must include with its response a fee agreement for this search.. The Commission prefers a “Contingent” fee arrangement.

Section 4. Response Evaluation Process

A. Response Review and Evaluation

1. Compliance with Submission Instructions

All responses will be reviewed by a staff member of the MGC to determine compliance with the response submission instructions described in Section 3.A. For those responses that comply with the response submission instructions, an Evaluation Committee (Committee; also referred to as the “Procurement Management Team” or “PMT”) designated by MGC will review the Business, Programmatic and Cost Responses.

2. Evaluation Criteria and Scoring The following identifies the criteria by which MGC will evaluate the bidder’s response, overall organization and proposed staff for the engagement:

· Expertise and experience with executive search and recruitment, including experience in the public and private sectors, and in the field of regulation (40 points).

· References and past performance (10 points)

· Expertise and experience with Massachusetts, other state, or federal regulations relating to gaming (15 points).

· Capacity to commit personnel and resources necessary to provide high quality services in a timely and responsive manner (10 points).

· Proposed fee arrangement (15 points).

· Completion, presentation and responsiveness of bidder’s response (10 points).

· Status and participation in the Small Business Purchasing Program – SBPP (3 points)

· Status as a minority or disadvantaged business enterprise MBE/WBE/DBE (3 points).

In addition, MGC may consider any and all relevant information about the bidder known to MGC.

3. Response Rating

The Committee will:

(1) Evaluate Business and Programmatic Responses in accordance with the criteria described in Section 4.A.2;

(2) Give a composite rating of “Excellent,” “Very Good,” “Good,” “Fair,” or “Poor/Non-Responsive” for each section evaluated;

(3) Assign an overall rating to each bidder’s proposal;

(4) Compare the responses to one another; and

(5) Rank the responses in order of preference.

4. Non-Qualifying Proposals

MGC reserves the right to reject a bidder’s response at any time during the evaluation process if the bidder:

· Fails to demonstrate to MGC’s satisfaction that it meets all RFR requirements;

· Fails to submit all required information or otherwise satisfy all response requirements in Section 3;

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

· Rejects or qualifies its agreement to any of the mandatory provisions of the RFR or the Commonwealth’s Standard Contract Form and Commonwealth Terms and Conditions.

The Evaluation Committee may determine non-compliance with an RFR requirement is insubstantial. In such cases, the Committee may seek clarification, allow the bidder to make minor corrections, apply appropriate penalties in evaluating the response, or apply a combination of all three remedies.

5. Clarifications

The Evaluation Committee may determine some element of a bidder’s response requires clarification to verify its responsiveness to the RFR or facilitate a fair comparison with competing proposals. In such cases, the Committee may seek clarification from the bidder. All bidders will be accorded fair and equal treatment with respect to any opportunity for clarification.

6. Best Value Selection and Negotiation

The Committee may recommend for selection the response that demonstrates the best value overall, including proposed alternatives, which will achieve the procurement goals of MGC. The Committee and a selected bidder may negotiate a change in any element of contract performance, cost identified in the original RFR, or the selected bidder’s response, which results in lower costs, or a more cost-effective, or better value than was presented in the selected bidder’s original response.

MGC reserves the right to request a best and final offer (BAFO) from any bidder.

7. Small Business Purchasing Program (SBPP) Plan

This is a small procurement targeted to small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp. The evaluating committee may award up to 3 points (of 106 possible) if a respondent demonstrates the criteria for participation in the SBPP.

8. Disadvantaged Business Enterprise (MBE/WBE/DBE)

The evaluating committee may award up to 3 points (of 106 possible) if a respondent demonstrates certification as a minority, women, or disadvantaged business enterprise (MBE/WBE/DBE) from the Massachusetts Supplier Diversity Office, a similar office in another jurisdiction, or the Federal Government.

B. Recommendation for Award

After the Committee completes its evaluation, comparison and ranking of all proposals, and, if applicable, oral presentation(s) and BAFO, the Committee may recommend to the Commission a bidder with which to enter into contract negotiations. The Commission’s decision shall be based on the Committee’s recommendation and on the best interests of the Commonwealth. MGC is under no obligation to award a contract pursuant to this RFR.

Section 5. Additional Terms and Conditions

C. Issuing Office

Massachusetts Gaming Commission 101 Federal Street 23rd floor Boston, MA 02110 D. CommBuys CommBuys is the official system of record for all procurement information which is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in each tab of the Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via CommBuys, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support bidder submission of written questions associated with a Solicitation and publication of official answers. All records on CommBuys are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs. Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

It is each bidder’s responsibility to check CommBuys for:

· Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the Solicitation’s Summary tab; and

· Any Bidders’ Forum records related to this Solicitation (see Locating an Online Bidders’ Forum for information on locating these records).

The Commonwealth accepts no responsibility and will provide no accommodation to bidders who submit a response based on an out-of-date Solicitation or on information received from a source other than CommBuys.

CommBuys SmartBid Subscription. Bidders may elect to obtain an optional SmartBid subscription which provides value-added features, including automated email notification associated with postings and modifications to CommBuys records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within CommBuys for efficient record management;

· A customizable profile reflecting the subscriber’s product/service areas of interest;

· A customizable listing in the publicly accessible Business Directory, an online “yellow-pages” advertisement;

· Full-cycle, automated email alert whenever any record of interest is posted or updated;

· Access to Online Response Submission, when allowed by the Issuer, to support:

· paperless bid drafting and submission to an encrypted lock-box prior to close date;

· electronic signature of OSD forms and terms; agreement to defer wet-ink signature until contract award, if any;

· withdrawal of submitted bids prior to close date; and

· online storage of submitted bids.

Every public purchasing entity within the borders of Massachusetts may post records on CommBuys at no charge. CommBuys has the potential to become the sole site for all public entities in Massachusetts. SmartBid fees are only based on and expended for costs to operate, maintain and develop the CommBuys system.

E. Bidder Communications

Bidders are prohibited from communicating directly with any employee or Commissioner of MGC regarding this RFR, except as specified in this RFR, and no other individual Commission employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through CommBuys.

Failure to observe this provision will be grounds for disqualification.

F. Reasonable Accommodation

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

G. RFR Copies

Bidders may request a copy of the RFR, or any of its components, by going to www.CommBuys.com and searching for the solicitation number as noted on the front page of this document. Bidders may also request a copy of the RFR directly to the MGC by calling 617-979-8400, or visiting www.mass.gov/gaming.

H. RFR Inquiries

Bidders may make written inquiries concerning this RFR until no later than the date and time specified in Section 1.F of this RFR. Written inquiries must be sent to the address listed in Section 5.A, above, or by e-mail to Brandon.Milby@state.ma.us.

MGC staff will review inquiries received before the deadline and at its discretion prepare written responses to questions which MGC determines to be of general interest and that help to clarify the RFR. Any written response will be posted on CommBuys.

I. Amendment or Withdrawal of RFR

If MGC decides to amend or clarify any part of this RFR, any written amendment will be posted on CommBuys. Bidders are cautioned to check this site regularly, as this will be the sole method used for notification of changes. MGC reserves the right to amend the RFR at any time prior to the deadline for submission of responses and to terminate this procurement in whole or in part at any time before or after submission of responses.

J. Costs

Costs which are not specifically identified in the bidder’s response, and accepted by MGC as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. Neither the MGC nor the Commonwealth will be responsible for any costs or expenses incurred by bidders responding to this RFR.

K. Closing Date

Responses received after the response due date and time specified in Section 1.F of this RFR will be rejected. Individual requests for extension of the time for submitting responses will be denied. All responses become the property of the Massachusetts Gaming Commission.

L. Acceptance of Response Content

The entire contents of the bidder’s response shall be binding on the bidder. The specifications and contents of a successful bidder’s response may be incorporated into the contract.

M. Public Records

Upon conclusion of this process, all responses and related documents submitted in response to this RFR may be considered public records and as such be subject to the Massachusetts Public Records Law, G.L. c. 66, § 10 and G.L. c. 4, § 7 subsection 26. Any statements in submitted responses that are inconsistent with these statutes will be disregarded.

N. Response Duration

The bidder’s response shall remain in effect until any contract with the bidder is executed or the bidder withdraws its proposal.

O. Confidentiality

Bidders shall demonstrate that they can comply with all state and federal laws and regulations relating to confidentiality and privacy, and security of personal information, including but not limited to G.L. c. 93H, G.L. c. 66A, and associated regulations.

P. Incorporation of RFR

This RFR and the selected bidder’s response may be incorporated into any contract awarded as a result of this RFR to that bidder.

Q. Option to Modify Scope of Work

MGC reserves the right, at its sole discretion and at any time after release of the RFR and during the contract term, to modify, increase, reduce or terminate any requirements under the contract, whenever MGC deems necessary or reasonable to reflect any change in policy or program goals. MGC additionally reserves the right, at its sole discretion and at any time after release of the RFR and during the contract term, to amend the contract to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting MGC agencies. In the event of a change in the scope of work for any contract tasks or portions thereof, MGC will provide written notice to the contractor and will initiate negotiations with the contractor. MGC reserves the right to amend the contract accordingly, including payments under, or maximum obligation of the contract.

R. Debriefing

Upon notification of MGC’s award decision, any non-selected bidder may make a written request for debriefing. A debriefing meeting or conference call would provide the bidder an opportunity to discuss the evaluation of its response. Debriefing meetings or conference calls shall be held at the discretion of MGC.

S. Electronic Funds Transfer (EFT) All bidders must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp.

Upon notification of award, contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SSST for review, approval and forwarding to the Office of the Comptroller, unless already enrolled in EFT. A link to the EFT application can be found on the Comptroller’s VendorWeb site (see above link). This form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

T. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

It is the responsibility of the prospective bidder and awarded contractor 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 PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including e-mail or spam filtering.

U. Restriction on the Use of the Commonwealth Seal

Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

V. Subcontracting Policies

Prior approval of the MGC is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

1. RFR issued April 8, 2015

2. Written inquiries from interested bidders concerning RFR due April 15, 2015

3. Written responses from MGC to inquiries posted on CommBuys April 21, 2015

4. Bidders’ responses due April 24, 2015 by 3:00 p.m.

5. Hiring Committee reviews responses and selects finalists April 28 2015

6. Hiring Committee interviews finalists, if necessary April 29, 2015

7. Anticipated contract award April 30, 2015

MGC RFR for Executive Search Firm for Manager of Gaming Technology Laboratory Operations – April -2015

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