RFR TAA TRAINING EOL 18-02 June 2023 FY24.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Labor and Workforce Development (EOLWD) MassHire Department of Career Services (MDCS)

100 Cambridge Street, Suite 500 Contracts & Procurement, Finance Unit Boston, MA 02114

Request for Response (RFR)

Document Title: TAA Training

COMMBUYS Bid#: BD-18-1043-DAO01-32500-27627

Agency Document Number: TAA TRAINING EOL 18-02

Agency Document Extension Effective 07/01/2023

June XX, 2023 Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

TABLE OF CONTENTS

RFR ATTACHMENTS

COMMBUYS ATTACHMENTS

Commonwealth of Massachusetts Standard Contract Form Commonwealth Terms and Conditions Request for Taxpayer Identification Number and Certification – Mass. Substitute W-9 Form Contractor Authorized Signatory Listing Commonwealth of Massachusetts Authorization for Electronic Funds Transfer Payments (EFT) Commonwealth of Massachusetts Interdepartmental Service Agreement Commonwealth of Massachusetts Prompt Pay Discount Form

REQUIRED CERTIFICATE - “Certificate of Good Standing” from the Massachusetts Dept. of Revenue shall be included with Response. The certificate must be no older than 6 months.

I PROCUREMENT CALENDAR

Document Sensitivity Level: High during development; Low once published. Page 21 of 26

EVENT

DATE

RFR Initially Posted on COMMBUYS

05/22/2018

Updated RFR Posted on COMMBUYS

06/22/2023

Effective New Contract Start Date (Estimated)

07/01/2023

*All initial contracts awarded prior to June 30, 2023 will have an effective date of July 1, 2023

NOTICE. The dates referenced above are not binding and may be revised. It is the responsibility of Bidders to check the COMMBUYS website (www.commbuys.com) for any addenda or modifications to the dates posted in this RFR.

The SST reserves the right to make amendments to the RFR after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda, or modifications to this Solicitation, and any Q&A records related to this Solicitation. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date RFR COMMBUYS posting or on information received from a source other than COMMBUYS.

II PROCUREMENT SCOPE

The Massachusetts Executive Office of Labor and Workforce Development (EOLWD), MassHire Department of Career Services (MDCS) is seeking to develop a list of qualified training providers to provide re-training services to dislocated workers in Massachusetts for the purpose of assisting these individuals gain new skills for employment at a new job and at a salary comparable to the individual’s previous job.

This is a competitive, rolling enrollment procurement process that allows Bidders to submit responses at any time during the period the RFR is in effect. Private for-profit and non-profit entities, public organizations, including educational institutions, women and minority, Veterans, Service-Disabled Veteran, Lesbian, Gay, Bisexual and Transgender Bidders are encourage to respond.

The term "eligible dislocated worker" means an individual who:

(a) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment;

(ii) (I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a One-Stop Career Center (OSCC), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that was not covered under a State unemployment compensation law; and

(iii) is unlikely to return to a previous industry or occupation;

(b) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or

(ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days;

(i) has been dependent on the income of another family member but is no longer supported by that income, and

(ii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

An individual (also referred to as worker) must be determined to meet the eligibility requirements by appropriate staff at the MassHire Career Center. Therefore, training providers must work closely with the MassHire Career Center to determine whether an individual is an eligible dislocated worker. Training providers will be required to obtain and maintain documentation regarding dislocated worker status of individual participants.

NOTE: Trade Adjustment Assistance Program (TAA) has additional eligibility requirements.

III APPLICABLE PROCUREMENT LAW

This RFR is issued under the following laws: MGL c.7 § 22:c.30.§ 51 § 52; and 801 CMR 21.00 (Goods and Services)

IV GENERAL INFORMATION

A. Background The Trade Act of 1974 was amended with provisions of the Trade Adjustment Assistance Reform Act of 2002, the Trade and Globalization Adjustment Assistance Act of 2009, the Trade Adjustment Assistance Extension Act of 2011, and the Trade Adjustment Assistance Reauthorization Act of 2015. The Act created the Trade Adjustment Assistance (TAA) program, a federal program, to assist individuals who have lost their jobs as a result of foreign trade to quickly rejoin the workforce by providing them with the means to attain competitive and marketable skills for today’s increasingly competitive work environment.

B. Training Program Services Eligible Providers Private and public service providers offering a program of training services are eligible to apply. Included are post-secondary educational institutions offering programs that are not eligible to receive Federal funds under Title IV of the Higher Education Act of 1965.

Other eligible providers include:

· For-profit and not-for-profit entities;

· Community-based organizations;

· Labor organizations;

· Other training services providers.

Note: As part of the requirements under this RFR, all private, business, trade schools and other non-college organizations must be licensed by the Massachusetts Department of Education and must be part of the Massachusetts Eligible Training Provider List (EPTL).

Training Contracts Under the federal Trade Program, contracts are established between training providers and the State to provide training for workers to successfully reenter the workforce. Except for certain infrequently occurring circumstances, all training services provided to eligible workers under the federal Trade Program must be provided through the use of Contracts.

MDCS has a streamlined contract process for training services that requires the Contractor to sign only one master Commonwealth of Massachusetts Standard Contract Form and related documents that will remain in effect through June 30, 2028. This master agreement approach serves as a blanket authorization, eliminating the need for separate contracts, for all approved participants to attend training at the Contractor’s facility under the TAA Program. Once approved, official notification is submitted to the vendor under the terms of the vendor/MDCS Contract.

All private, business, trade schools and other non-colleges must be licensed by the Massachusetts Department of Education if $250 or more is charged for tuition per student in a 12-month period. In addition, a bond with surety, or a term deposit account payable to the Commonwealth of Massachusetts, Commissioner of Education, as beneficiary, is to be held in trust for the benefit of the students. The Massachusetts State Auditor handles surety.

All applicant organizations, which are overseen by any other licensing boards or commissions, must meet all requirements for licensing and accreditation and be in good standing.

Training Program Services

A worker may be approved to attend vocational and/or remedial education tailored to his/her specific needs. Tuition, books, school fees, tools, certification test fees and uniforms are paid according to State/Federal TAA guidelines. The least expensive training program will be chosen. It may consist of a single course or a group of courses, which is designed to meet specific occupational goals. Each client may be approved for only one (1) training, which may include both occupational and remedial components.

The MDCS Trade Programs Unit (MDCS/TPU) approves eligible programs/courses on a state-wide level. All training must be approved in advance by MDCS/TPU. Approval is based on an individual's needs, assessment (in relation to the criteria below) and State/Federal TAA or NAFTA/TAA guidelines. Not all workers may be eligible to receive training.

Additional criteria:

Suitability of training for the individual is encompassed within the criteria in 20 CFR 618.610, and compatibility with the program is covered by the various provisions of Subpart H (§ 618.816 and§ 618.820) of the Regulations:

1. There is no suitable employment (which may include technical and professional employment) available for the adversely affected worker. ** Suitable employment is defined in the Trade Regulations as work of an equal or higher skill level and with a wage of at least 80% of the worker's prior average weekly wage.

2. The worker would benefit from appropriate training.

3. There is a reasonable expectation of employment following completion of such training.

4. Training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (which may include vocational education schools and employers).

5. The worker is qualified to undertake and complete such training.

6. Such training is suitable for the worker and available at a reasonable cost.

7. The chosen training program is the lowest cost program which will enable the individual to acquire the minimum level of new occupational skills necessary to prepare the individual to find suitable employment.

8. The training is of suitable duration to achieve the desired skill level in the shortest possible time.

9. The training program consists of a single course or a group of courses which is designed to meet a specific occupational goal and is otherwise approvable.

10. Training must be full time and full time is as defined by the vendor in order to be eligible for cash benefits under the TAA program.

11. Part time training is allowable. However, customers would not be eligible for cash benefits.

12. No part of the training may be conducted outside of the U.S.

13. No training will be approved for which the individual is requested or required to pay a required fee or tuition for training.

14. Entrepreneurial training is not allowed.

Breaks in Training

Under the terms of Section 233 (F) of the federal Trade Act of 1974, which was amended under the terms of the federal Trade Act of 2002, the federal Trade and Globalization Act of 2009, the federal Trade Adjustment Assistance Extension Act of 2011 and the Trade Adjustment Assistance Reauthorization Act of 2015, a 30-day limit was established as the maximum length of any scheduled break in training for which individuals approved for training could continue to receive Trade Readjustment Allowances (TRA) during the break. The regulations state that neither Basic or Additional TRA will be paid to an individual for any week which begins and ends within a scheduled break that is longer than 30 days (not including Saturdays, Sundays or official State or National holidays).

Timeline

This is a rolling application procurement process. Applications for this program will be accepted at any time within the contract term. However, all organizations interested in providing training services to Trade participants, should submit the training programs/courses they are offering for consideration at least six weeks before training is scheduled to start.

V FEDERAL TRADE PROGRAM STATEWIDE APROVED COURSE LIST CRITERIA

A. Cost Information

A detailed budget that identifies all costs related to training must be submitted by the training provider along with the course approval request on TrainingPro. Once a course is approved and appears on the Statewide Approved Course List, MassHire Career Center staff will be responsible for completing and submitting any additional individual-specific costs for travel, transportation and subsistence expenses for an individual customer planning to attend the course.

B. Reasonable Cost

All course(s) and or programs must be offered at a reasonable cost not to exceed the funding levels cited in the Section below entitled, “Determining Reasonable Costs for Training Courses”. Supplies or books that are available solely or primarily through another vendor, (such as, University bookstores, uniform companies) must be included in the course costs.

C. Determining Reasonable Costs for Training Courses

Massachusetts MassHire Department of Career Services has established reasonable cost levels for training courses and programs as prescribed under 20 CFR 618.610(f)(2)(i). For the purposes of determining reasonable costs of training, the regulations require the following elements to be considered:

(A) Costs of training programs shall include tuition and related expenses, such as but not limited to books, tools, academic and testing fees, travel and transportation expenses and subsistence expenses.

(B) In determining whether the costs of a particular training program are reasonable, first consideration must be given to the lowest cost training which is available within the commuting area. When training, substantially similar in quality, content and results, is offered at more than one training provider, the lowest cost training shall be approved; and,

(C) Training at facilities outside the normal commuting area that involves transportation or subsistence costs which add substantially to the total costs shall not be approved if other appropriate training is available.

The established reasonable cost(s) of training programs (tuition, and related expenses) are:

· Remedial Education Programs (English for Speakers of Other Languages, Adult Education and GED training). Training designed to enhance the employability of individuals by upgrading basic skills, through the provision of courses such as remedial education or English-as-a-second-language, shall be considered as remedial education approvable under 20 CFR 618.610 if the criteria for approval of training under 20 CFR 618.610 are met. The reasonable cost level for remedial education has been determined to be $10,000 per program/course per year to include tuition and related expenses (such as but not limited to books, tools, and academic fees).

· Vocational Training. For purposes of this policy, vocational training is defined as any activity designed to impart technical skills and information required to perform a specific job or group of jobs, as described at 20 CFR 618.610, exclusive of any degree granting programs. The reasonable cost level for vocational training courses has been determined to be and cannot exceed $20,000 for one (1) vocational program to include tuition, and related expenses (such as but not limited to books, tools, and academic fees).

· Degree Courses. This training activity is any training of the type normally conducted in a classroom setting, which leads to an advanced degree, such as an Associate Degree. Degree courses may be provided to individuals when the conditions for approval of training are met, as provided in 20 CFR 618.610, to impart technical skills and information required to perform a specific job or group of jobs. Degree programs (AS, BA, BS or Master’s) cannot exceed $28,000, to include tuition and related expenses (which includes, but is not limited to, books, tools, and academic fees).

For public and private colleges providing degree granting training, MDCS will authorize tuition and fees (training costs) cost increases not to exceed 5% per Fiscal Year above the prior authorized training costs provided that the Contractor:

D. Performance To be considered for approval, there must be a reasonable expectation of employment following the completion of training. Therefore, training providers will be required to submit past performance information. Performance will be a factor in all decisions. Courses and/or programs with poor performance results may be denied Trade Program approval. In order for a program to be eligible for Trade Program approval, the training must:

· Prepare the student for marketable skills in a demand occupation

· Show reasonable expectation of achieving an average placement rate in full or part-time (20 hours per week or more) training-related employment of 60% percent during the most recent period for which data is available

· Show reasonable expectation of a 70% completion rate for the course.

For Bidders under existing MDCS contractual arrangements, MDCS reserves the right to use performance indicator information derived from such contracts.

When determining eligibility for contract awards under future RFRs, MDCS reserves the right to consider the performance of training providers under contracts awarded pursuant to this RFR.

E. Other Information

Information on course type (e.g. classroom or distance learning, etc.) will be required, as well as information regarding degrees and certificates that are granted as a result of successful completion of the course or program.

Trade eligible customers should apply for all available grants, scholarships and similar programs for which they may qualify. However, loans, including the previously announced Education Rewards Loan Program available through The MA Educational Financing Authority (MEFA), private donations and the like, are not permitted to help defray costs of training services upon issuance of a TAA certification.

Please note that contracts executed under the Trade Program are between the Contractor and the Commonwealth of Massachusetts. Once a training course and/or program is approved, costs negotiated and a contract executed, neither MDCS nor the participating trainee will be held liable for any additional costs, beyond the 5% increase that must be preapproved and publicly published for all students. Additionally, all payment vouchers must be forwarded by the training provider to the MA EOLWD Accounts Payable Department in accordance with instructions and information on electronic invoicing to be provided upon contract approval.

An individual will not be approved for training under the TAA Program for any course or program that is conducted totally or partially at a location outside the United States.

Individuals participating in TAA approved training shall be instructed to- attend training full time (so they may qualify for TRA cash benefits and gain the skills to return to work sooner) . In instances where an individual's training program consists of a combination of classroom and OJT instruction, the total daily/weekly hours of instruction, whether the classroom and OJT training is conducted concurrent with or subsequent to the other, shall not be less than full-time.

F. Format for Submissions Contractual Considerations

New Bidders Not Under Current Trade Contracts with MDCS: Training providers who do not have an existing Trade Program contract must respond to this Request for Response (RFR), in accordance with 801 CMR.21.00, Bidders With a Current Trade Contract with MDCS: All Trade Program contracts in effect for current Training providers will expire on June 30, 2023. Accordingly, in order to ensure contract continuity after June 30, 2023, training providers under current contract, must contact the Contracts and Procurement Department at CandP@detma.org to request contract extension through a contract amendment.

G. TrainingPro

The Trade Unit will approve all training programs/courses online before requesting some or all of the required documents. A training provider can determine whether the State has approved one of their training programs/courses by logging on to their TrainingPro account and viewing the Training Program/Course Summary.

The summary is a nine-column table that displays information about vendor training programs and courses. Each submitted training program/course is assigned a seven-digit ID number which is listed in the second column of the table. The third and fourth columns show the program/course name and location, the fifth column displays the most recent date on which the program/course was edited, and the sixth column shows the User ID of the person who created the program/course description.

The status of a program/course is indicated by information that appears in the seventh, eighth and ninth columns of the summary. These columns are labeled, respectively, 'Approved For', 'Currently Pending Review For', and 'Denied For'. If the State has approved a vendor program/course, 'TRADE' will appear in 'Approved For' column of the Training Program/Course Summary. Conversely, if the State denies a program/course, ‘TRADE' will be listed in the 'Denied For' column of the Training Program/Course Summary. If the State has not yet approved or denied a program/course, the column will read 'Currently Pending Review For' for the summary.

When the State approves a training program/course, the vendor can learn when that particular approval will expire by selecting the program/course in the Training Program/Course Summary and then clicking the 'View Summary' button at the bottom of the page. When the summary appears on the computer screen, the vendor can scroll to the bottom of the page and read the information in the 'Approved (Approved Until)' field. All approvals and approval expiration dates will be listed. To extend the approval of the program/course, the vendor must edit and resubmit it for evaluation.

Note: If more than ten (10) training programs/courses are submitted to the Trade program, the Training Program/Course Summary will extend over multiple pages. Therefore, when reviewing the status of vendor offerings, vendors should be sure to check all the pages of their summary.

Submitting training program/course applications to the Trade Program is the sole responsibility of the training provider. Training descriptions must be accurate and comprehensive. Applications that are missing required information will be held as non-responsive and will not be considered for eligibility until corrected by the provider.

MDCS will only reimburse the training provider for programs/courses that have been approved in advance on TrainingPro. MDCS will not approve requests for payment by training providers for courses/programs that have not been approved.

VI GLOSSARY

Added Value: The non-required provisions of a Response that add value for the Commonwealth within a proposal.

Agency: For purposes of this RFR, Agency refers to the Massachusetts Executive Office of Labor and Workforce Development, MassHire Department of Career Services, also referred to as the “Department”, “EOLWD” or “MDCS”.

Best Value: The result of common sense procurement decision-making consistent with the Commonwealth’s procurement principles, which are to balance and support the achievement of: required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative procurement and business relationships, encouraging the continuing participation of quality contractors and supporting state and department procurement planning and implementation.

Bidder: Any individual or organization that has submitted or is in the process of submitting a Response to this RFR. Also referred to as the “Contractor”, “Proposer”, “Vendor” and “Grantee”.

Business Hours: The established operational hours of the Agency. Also, may be referred to as “normal business hours”.

Calendar Year: The period between January 1 and December 31 of any year.

CMR: Code of Massachusetts Regulations.

COMMBUYS: The official procurement record system for the Commonwealth of Massachusetts' Executive Departments. COMMBUYS offers free internet-based access to all public procurement information posted here in order to promote transparency, increase competition, and achieve best value for Massachusetts taxpayers Contract: A mutually binding legal relationship, in writing, obligating the seller to furnish the goods or services (including construction) and the buyer to pay for them.

Contractor: An individual or organization that enters into a contract with a Department to provide commodities and/or services.

C.O.R.I: Criminal Offender Record Information.

MDCS: MassHire Department of Career Services, under the Executive Office of Labor and Workforce Development (EOLWD).

Dislocated Worker: An individual who:

The term "eligible dislocated worker" means an individual who:

(a) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment;

(ii) (I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a One-Stop Career Center (OSCC), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that was not covered under a State unemployment compensation law; and

(iii) is unlikely to return to a previous industry or occupation;

(b) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or

(ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days;

(i) has been dependent on the income of another family member but is no longer supported by that income, and

(ii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

Fiscal Year: The year beginning with July 1st and ending the following June 30th as defined in M.G.L. c. 4 section 7. This may also be referred to as the “State Fiscal Year” or “Program Year”.

Individual with a Disability: (a) In general, an individual with any disability (as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); (b) “individuals with disabilities” means more than one individual with a disability.

Mandatory: RFR sections using language such as: “must”, “will”, “will not”, “may not”, “shall”, “can not”, “can only”, “prohibited”, or “required”, are to be considered by the Bidder as mandatory, or in other words, necessary for meeting the basic requirements for Contract consideration.

Massachusetts Eligible Training Provider List (MA ETPL): The required list for training organizations wishing to provide training services to eligible participants under workforce development programs. It includes information on training providers, descriptions of training programs, local workforce areas in which the programs are eligible, and performance and cost information about the training programs.

MMARS: Massachusetts Management Accounting and Reporting Systems.

M.G.L.: Massachusetts General Laws.

OJT: On the Job Training.

OSCC: One Stop Career Center; aka MassHire Career Center Participant: An individual who has been determined eligible to participate in and is receiving services under the TAA program authorized by this RFR.

Prompt Payment Discounts (PPD): All contractors/vendors doing business with the Commonwealth must provide a Prompt Payment Discount (PPD) for receiving early payments unless the Contractor/vendor can provide compelling proof that providing a prompt pay discount would be unduly burdensome

Request for Response (RFR): The mechanism used to communicate procurement specifications and to request Responses or interest from potential Bidders. An RFR may also be referred to as a “solicitation”.

Response: A response from a firm, organization or individual to an RFR. Responses are also referred to as “bids”, “quotes” or “proposals”. Strategic Sourcing Team (SST): SSTs are comprised of individuals from within the Agency and/or various state departments who have expertise and/or professional interest in developing an RFR, selecting a Bidder and managing the contract for specified goods and services TAA: Trade Adjustment Assistance (TAA) program. For the purpose of this RFR, also referred to as the TRADE Program.

TRAININGPRO: TrainingPro is an online application administered by MDCS. It allows training organizations wishing to provide services to eligible customers under workforce development programs the ability to submit their training courses for approval. Training providers must use TrainingPro if they wish to be included on the Massachusetts Eligible Training Provider List (ETPL).

Note: Additional glossary definitions can be found under:

· Job Aids for vendors/bidders:

- Massachusetts Eligible Training Provider List: https://www.mass.gov/how-to/requirements-to-qualify-on-mass-etpl

· Trade Programs website: https://www.dol.gov/agencies/eta/tradeact

· TrainingPro: https://www.mass.gov/info-details/trainingpro-information

· WIOA website: https://www.dol.gov/agencies/eta/wioa

VII REQUIRED RFR PROVISIONS

The RFR response must be completed in its entirety or the bid may be deemed non-responsive and be disqualified.

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. 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.

Alternatives: A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost-effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Best Value Selection and Negotiation: The Procurement Management Team (SST) may select the response(s) that demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the 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.

Brand Name or Equal: Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

COMMBUYS: Bidders are solely responsible for obtaining all information distributed for this Solicitation via COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.commbuys.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

Contract Expansion: If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs: Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

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 SST, including requests for clarification. The SST 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 SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT): All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. 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 VendorWeb site (www.mass.gov/osc). Click on Vendors (https://www.macomptroller.org/vendors/).

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, 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.

If the bidder can provide compelling proof that it would be unduly burdensome, the requirement to use EFT may be waived by the SST on a case-by-case basis. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Electronic Invoicing Program: All Bidders responding to this RFR must agree to participate in the Agency’s Electronic Invoicing Program to receive payments for services rendered. This program is a benefit to both contractors and the Agency because it eliminates postal and mailing expenses; it’s a more efficient use of technology and resources; turn-around for questions and issues is faster, and the response to invoicing requirements is quicker, resulting in speedier receipt of payments and paper reduction, The method used for electronic invoicing is via e-mail. Instructions on how to enroll in the program will be provided upon contract award.

Environmentally Preferable Products and Services: The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Estimated Provisions: The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders and are not to be relied upon as any indication of future purchase levels.

Goal: The goal of this RFR is to achieve the best value for Commodities and Services for the Agency.

Minimum Bid Duration: Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing-Federal Government Services Administration (GSA) or Veteran’s Administration Supply: The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing - Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it may be in conflict with grant language and/or would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an Attachment to this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth. The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records: All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

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. The SST reserves the right to reject unreasonable requests.

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.

Small Business Purchasing Program (SBPP):

The SBPP was established to recognize the importance of Massachusetts' small businesses, the challenges they face and to support the growth of small businesses that meet SBPP eligibility requirements. The SBPP can help a firm to market their business to Massachusetts' Executive Department buyers. It is a free program, and the registration process is completed in COMMBUYS, the Commonwealth's online procurement platform. Many resources are available to program members, including training classes and networking events. Businesses registered in COMMBUYS receive email notifications of procurement opportunities issued by OSD and other entities and are able to submit electronic responses to bid opportunities. Being registered in COMMBUYS also means that SBPP members will appear in the searchable business list and be identified as a small business. SBPP members also may attend free training classes to help learn about selling to the state and using COMMBUYS (https://www.commbuys.com/bso/).

Subcontracting Policies: Prior approval of the department 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.

Supplier Diversity Program (SDP): Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: Unless otherwise specified in the RFR, all bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements.