RFR Response Template_Final.docx

Investigative Background Check Services RFR Bid #: BD-26-2018-CNB-CNB-129084

RFR RESPONSE TEMPLATE

SUBMITTED FOR

INVESTIGATIVE BACKGROUND CHECK SERVICES RFR

COMMBUYS BID #: BD-26-2018-CNB-CNB-129084

INSTRUCTIONS:

1. Responses shall be submitted solely through COMMBUYS by the submission deadline date as outlined in the RFR Document, as it may be amended.

2. Responses must be submitted according to these instructions. Failure to submit a response in compliance with these instructions may result in a reduction in points, or all or a portion of the response being disqualified. Due to the number of expected responses, and the competitiveness of this procurement, a response may be disqualified solely for not being submitted in compliance with these instructions.

3. The written RFR response must be submitted using this “RFR Response Template” so that all responses appear uniform and consistent for selection purposes.

4. This RFR Response Template must be used and may not be altered, reformatted or changed in any way or the response will be subject to rejection. This document must be saved in a Microsoft Word format and not in .pdf so that the document may be modified during negotiations if necessary. Vendors may not submit this document as a .pdf format. A .pdf format will subject the response to rejection. Attachments allowable as .pdf submissions will be specifically noted, if any.

5. Vendors must enter or copy and paste information into the spaces provided for each answer. The space will expand to accommodate the data entered.

6. Vendors may not refer to outside attachments for key information related to answering the questions unless the attachment is one of the Required Attachments for the RFR Response as specified under the “Attachments” tab for this RFR on COMMBUYS or is a vendor attachment (such as a sample contract form or sample report layout) that cannot be inserted into the space provided. Vendor may not refer to separate documents containing terms and conditions that will apply to performance. The Vendor must type, copy or paste information into the RESPONSE section. PLEASE DO NOT INSERT DOCUMENTS, MARKETING MATERIALS, OR OTHER PRE-PACKAGED CONTENT INTO THIS FORM OR REFER OUT TO OTHER DOCUMENTS. CONTENT MUST BE INSERTED AS TEXT AND DIAGRAMS INTO THIS TEMPLATE. This form will expand to accommodate the addition of response information. Failure to follow these instructions may result in a reduction in points, disqualification of a section or the entire response.

7. Each item must be addressed specifically by entering information in the required ANSWER space. If an item does not apply, the response must indicate "N/A" or “Not applicable” or any other appropriate explanation.

8. The questions presented are the best estimate of what information is needed to evaluate vendors and are not exhaustive. As attachments may not be referenced, vendors should be as comprehensive in responding to each answer as possible and include all relevant information and considerations to assist in the review of a response and demonstrate the full capabilities of the vendor and why the Commonwealth should select the vendor as a contractor. If questions do not elicit all the information a vendor believes is necessary to evaluate the vendor, the vendor should add this information where most applicable, or under the general “value-added services” section.

9. Vendors are responsible for reviewing COMMBUYS for all the listed specifications and the required forms that must be submitted with the RFR Response (in order to be considered for selection) or upon contract award and execution. Failure to submit the required forms with the RFR Response, as specified, will be considered sufficient grounds for disqualification of the vendor’s response.

RFR RESPONSE PART A

Vendor Qualifications, Experience, and Technical Response

A-1. Authorized Representative and RFR Contact. Please complete the information below for the individual who is an authorized representative of the vendor, who can legally bind the vendor during the RFR interview and subsequent negotiations, and who shall serve as the RFR contact for any questions or communication necessary during the procurement. The vendor must identify its legal name as used for filing tax returns to the Internal Revenue Service (IRS) and its Federal Employer Identification Number (FEIN).

A-1. ANSWER:

Vendor Legal Name (on file with IRS):

D/B/A (if operating under this name):

Legal Address (on file for IRS reporting):

FEIN:

Commonwealth of Massachusetts Vendor Code (if previously a vendor in Massachusetts): VC:

Authorized Representative/RFR Contact Name:

Title:

Phone:

Email Address:

A-2. Introduction – Company Profile. In the A-2 ANSWER space below please complete the following:

· Insert a brief vendor introduction (do not exceed 1 page) – identifying:

· whether the company is local, national, or international

· the total number of employees

· a brief company history

· the location of the office(s) from which the work is to be managed and the location from which the work will be performed

· a description of the company philosophy in providing the services under this RFR

· why the particular expertise and skills of the company sets it apart from competitors and why the vendor provides the best value in comparison to similarly situated vendors DO NOT INSERT MARKETING MATERIALS HERE. Vendor Firm Profile must address (at a minimum) the specific items listed above. Note that the quality of this Introduction may be considered in the scoring of this Response.

A-2. ANSWER:

A-3. Certification of Acceptance of Commonwealth Terms.

The order of precedence of this contract is as follows:

It is expected that any legal review of the required contract forms and attachments will be done PRIOR to submission of the RFR response and that objections to any language in the RFR or attachments will not be raised after selection and during contract negotiations. This means that the vendor cannot condition execution upon the “opportunity to negotiate final terms” after selection.

Therefore, if the vendor has any questions related to the interpretation of any language in the required forms or attachments, these questions must be identified as part of the “On-line Forum” for this RFR during the question and answer period prior to submission, and questions or objections may not be raised at a later date.

Any issues or concerns with the language in the contract forms or attachments, or proposed additions or clarifications to this language MUST BE IDENTIFIED IN DETAIL BELOW as part of the response, which will be evaluated as part of the selection process, and may not be raised after selection.

Vendors are not authorized to condition execution of a contract with the Commonwealth upon the Commonwealth’s execution of a vendor contract form, or required use of vendor terms and conditions. Any additional terms and conditions that the vendor seeks to apply to this contract MUST BE SPECIFIED IN DETAIL BELOW with a full explanation for consideration as part of the selection process. The Commonwealth shall consider any reasonable “clarification” of terms that defines or outlines the parties’ responsibilities, but does not delete or materially change the Commonwealth terms. Selection for final negotiation of a contract shall not be interpreted as the Commonwealth’s acceptance of any terms, conditions or recommended clarifications identified in this section and shall be subject to the Commonwealth’s acceptance as part of negotiations. The Commonwealth reserves the right to reject any submitted terms.

The listing of numerous conditions, demands for negotiation of terms, conditioning performance on the Commonwealth’s acceptance of vendor terms or a demonstration of an unwillingness to operate under the Commonwealth’s boilerplates and terms shall be a significant consideration as part of qualifications for this contract and grounds for rejection of the vendor’s response or a significant reduction in points.

A-3. ANSWER: (Vendor must affirmatively indicate acceptance with an “X”. In the event the vendor fails to indicate acceptance, the vendor will be deemed to have affirmatively accepted if a response is submitted.)

_____ By submitting this response, the vendor certifies that the vendor understands and agrees to these conditions.

The vendor is submitting the following clarifications, concerns or recommended additional terms for consideration. These terms will be considered in evaluating the overall qualifications of the vendor and when evaluating the partnership minimum qualifications under this RFR. Vendor understands and agrees that these terms may not be accepted by the Commonwealth and this response is not conditioned upon these terms. Vendor shall include an explanation about why the clarifications are sought or are necessary. Merely stating that the firm policy or legal team requires these terms will be an inadequate explanation. Why the terms will benefit the engagement must be identified.

A-4. In the space for ANSWER A-4 below, please list the following information if applicable which would potentially affect the vendor’s ability to perform the services of this contract. Details of the particular incidents do not have to be provided unless to identify mitigation or resolution of the incident.

a) Penalties and Bankruptcy: A list of all bankruptcy and other similar proceedings within the past three (3) years relating to the vendor, any officer, director, partner or member thereof, any affiliate or any related entity.

b) Litigation: List any outstanding contingencies, such as lawsuits or other claims or charges against the vendor related to performance of the services sought under this RFR and any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the vendor, any officer, director, partner or member thereof, any affiliate or any related company and all criminal convictions within the last five (5) years relating to the vendor, any officer, director, partner or member thereof, any affiliate or any related entity.

c) Civil Penalties: A list of all civil penalties, judgments, consent decrees and other sanctions within the last five (5) years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the vendor, any officer, director, partner or member thereof, any affiliate or any related entity.

d) Suspensions of any permit or authority to do business: A list of all actions occurring within the last five (5) years which have resulted in revocation or suspension of any permit or authority to do business in any jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity.

e) Debarment from public bidding: A list of all actions occurring within the last five (5) years that have resulted in the barring from public bidding relating to the vendor, an officer, director, partner or member thereof, any affiliate or any related entity.

f) Defaults: The vendor shall list any situation in which the vendor’s firm (either alone or as part of a joint venture), or a subsidiary of the vendor’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described. Please also provide the name, title and telephone number of the principal manager of the contract user who asserted the event of default or noncompliance.

g) Other Adverse Situations or Potential Conflicts: The vendor shall provide a description of any present facts known to the vendor that might reasonably be expected to affect adversely its ability to perform any aspect of this contract or present a conflict of interest or ethical issue.

A-4. ANSWER:

a) Penalties and bankruptcy:

b) Litigation:

c) Civil penalties or actions:

d) Suspensions of any permit or authority to do business:

e) Debarment from public bidding:

f) Defaults:

g) Other adverse situations or potential conflicts:

A-5. ANSWER: (Vendor must affirmatively indicate acceptance with an “X”. In the event the vendor fails to indicate acceptance, the vendor will be deemed to have affirmatively accepted if a response is submitted.)

____ By submitting this response, the vendor certifies that the vendor understands and agrees to these conditions.

Authorized Representative Printed Name:

Title:

Date:

A-6. Contract Management. The Vendor must manage and supervise its Key Personnel to ensure satisfactory and timely contract performance. The Vendor shall identify the individual who will be responsible for managing the Contract and serving as the primary point of contact for communicating and coordinating with the Commission, including with respect to meetings, status reports, and ongoing contract management. Describe the Vendor’s approach to communication, responsiveness, and availability to meet Commission timelines and service requirements.

A-6 ANSWER:

Contract Manager Name:

Vendor/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

Alternate Contract Manager Individual Name:

Vendor/Company Title:

Telephone (Mobile or phone with greatest accessibility):

Office phone:

Email Address:

Describe the Vendor’s approach to communication, responsiveness, availability, and coordination with the Commission:

A-7. Subcontractors, third party providers or affiliated business partners. The selected Vendor(s) will be responsible for and perform all the duties and requirements of the contract. Vendors must identify any subcontractors, third party providers or affiliated business partners that will or may be used to conduct any of the work described in this RFR, including the names of these entities, summaries of their qualifications, experience, and duties and responsibilities for performance.

a) Vendors must certify that the Vendor will remain the sole point of contact and will be solely responsible for all performance under the contract and may not assign responsibility for any performance under this Contract.

b) Vendors must certify that there can be no requirements that the Commission deal directly with or execute separate contracts or other agreements with any subcontractors. All contract terms contained in this contract must be also included in a subcontract with any subcontractor assigned to this contract, and the Vendor shall be responsible and liable for all performance or nonperformance by a subcontractor assigned to this contract. Vendors may be dropped from the Contract if qualified under the Contract due to subcontracted relationships and these subcontracts substantially change.

c) The Vendor must identify a back-up plan for each subcontractor in the event the subcontractor is unable or unavailable to perform the subcontracted services for any reason, to enable the Vendor to perform the Contract performance as specified without delay.

d) The Vendor must confirm that the Commission will not be required to sign a subcontract or a separate contract with any subcontractor in order to perform the services under this Contract.

A-7. ANSWER:

a) b) c) d)

Legal Name:

Identify if subcontractor, third party provider or affiliated business partner:

List the qualifications and experience that demonstrate this entity is capable of performing this role. Then identify the specific contract performance under the contract and why this entity is necessary for performance:

List the qualifications and experience that demonstrate this entity is capable of performing this role. Then identify the specific contract performance under the contract and why this entity is necessary for performance:

List the qualifications and experience that demonstrate this entity is capable of performing this role. Then identify the specific contract performance under the contract and why this entity is necessary for performance:

A-8. Relevant Experience and Qualifications. Describe your firm’s experience providing investigative and background check services similar to those requested in this RFR, including the number of years providing such services and experience in the cannabis industry or other regulated industries.

A-8. ANSWER:

A-9. Investigative Methodology. Describe your firm’s methodology and approach to conducting the background investigations and preparing the investigative reports required under this RFR.

A-9. ANSWER:

A-10. Cannabis Industry Knowledge and Investigative Experience. Describe your firm’s knowledge and experience with the cannabis industry, including experience providing investigative services in the cannabis industry or a similar regulated industry.

A-10. ANSWER:

A-11. Cybersecurity, Privacy and Data Protection. Describe your firm’s cybersecurity, privacy and data protection practices applicable to the services required under this RFR, including any relevant certifications, policies, and business continuity or disaster recovery plans.

A-11. ANSWER:

A-12. Key Personnel and Staffing. Identify key personnel proposed for this engagement and briefly describe their roles, qualifications, and relevant experience. Attach resumes for each key staff member.

A-12. ANSWER:

RFR RESPONSE PART B

Cost Proposal

PART B – Cost Proposal. Provide project-based pricing consistent with proposed approach. Costs must be delineated by project/deliverable. All applicable costs must be included in the total proposed cost.

B. ANSWER:

Marijuana Establishment Entity with Direct/Indirect Control/Ownership Background Investigation

*Applies only to services outside the standard background check and requires prior Commission approval. The Vendor shall provide estimated hours and cost before performing any additional services. Unauthorized services will not be billable.

Pricing Narrative:

Briefly describe what is included in your proposed Unit Prices and identify any assumptions used to develop pricing.

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