RFR Technical Assistance and Training EPCO Final v2.0.docx

Request for Response (RFR)

Document Title: Social Equity Program Technical Assistance and Training EPCO RFR V2 7/25/2023

COMMBUYS Bid#: BD-23-2018-CNB-CNB3-89611

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 OSDHelpDesk@mass.gov or the COMMBUYS Helpline at 1-888-627-8283. 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.

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Cannabis Control Commission (Commission) is soliciting responses from vendors (Vendors) for the acquisition of professional training and technical assistance services and materials to support applicants and licensees participating in the Social Equity Program established under 935 CMR 500.105(17). This Request for Responses (RFR or Bid) will result in the selection of multiple vendors (Selected Vendors or Qualified Vendors List) to provide services under a contract that will serve as part of the Commission Master Agreement (Commission Master Agreement or Contract) used solely by the Commission for the services covered by the Master Agreement.

The Commission Master Agreement between the Commission and Selected Vendors consists of the following documents in the following order of precedence: (1) the Commonwealth Standard Terms and Conditions; (2) the Commonwealth’s Standard Form Contract; and (3) this RFR Bid # BD-23-2018-CNB-CNB3-89611

1.2 Background information

The Commission is responsible for safely, equitably and effectively implementing the laws governing the adult-use and medical-use marijuana industry in the Commonwealth, specifically, G.L. c. 94G, G.L. c. 94I, 935 CMR 500.000, 935 CMR 501.000, and the enabling legislation, St. 2016, c. 334, The Regulation and Taxation of Marijuana Act, as amended by St. 2017, c. 55, An Act to Ensure Safe Access to Marijuana.

Regulation 935 CMR 500.105(17) requires the Commission to establish the Social Equity Program (Program) to provide training and technical assistance to eligible applicants and licensees which may include, but shall not be limited to:

1. Management, recruitment and employee trainings;

2. Accounting and sales forecasting;

3. Tax prediction and compliance;

4. Legal compliance;

5. Business plan creation and operational development;

6. Marijuana industry best practices;

7. Assistance with identifying or raising funds or capital; and

8. Such other topics as the Commission shall identify.

Generally, SEP participants who have been impacted by marijuana prohibition or are from communities that have been disproportionately impacted by marijuana prohibition are eligible to participate in the Program. Eligibility for the Program is set forth in 935 CMR 500.105(17).

The Program will connect qualified vendors with Program participants, who will be on pre-selected curriculum tracks. Tracks will be chosen based on the Program participants’ area of interest in the cannabis industry, their current skillsets and knowledge base, and their desired goals. Each track will provide comprehensive programming and hands-on guidance coupled with hands-on skills-based trainings to those most impacted by marijuana prohibition and enforcement.

The Program aims to decrease the disparities in life outcomes for people from communities that have been disproportionately harmed by marijuana law enforcement and improve the quality of life in areas of disproportionate impact; and reduce barriers to entry into and promote sustainable, socially and economically reparative practices in the regulated cannabis industry in the Commonwealth.

1.3 Applicable Procurement Law

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

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

1.4 Number of awards

The Commission seeks multiple vendors. The target maximum number of vendors is up to 5. This is a target number; the Commission may select more or fewer vendors, based on the needs of the Program, and if it is in the best interests of the Commonwealth to do so. The intent of this RFR is to establish and maintain a Qualified Vendors List from which the Commission can select for purposes of meeting Program goals and objectives.

1.5 Adding Contractors after initial Contract award

If, over the life of the Commission Master Agreement, the Commission determines that additional vendors should be added to the Qualified Vendors List, these may first be drawn from qualified vendors which responded to this RFR but were not awarded contracts. If necessary to meet the requirements of the Commission, the RFR may be reopened to obtain additional responses.

Non-successful bidders are not entitled to debriefings; and the Commission will consider debriefings only at its sole discretion.

1.6 Eligible Entities

Any contract resulting from this RFR will be open for use to the Commission only.

1.7 Acquisition Method

The acquisition method to acquire services from this RFR is Fee for Service.

1.8 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

12 months

Total Maximum Contract Duration

36 months

No other agreements for services may be executed after the Commission Master Agreement has expired.

2 Estimated Procurement Calendar

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

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Vendors to ask written questions and receive written answers from the Commission regarding this Bid. All Vendors’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The Commission reserves the right not to respond to questions submitted after this date. It is the Vendor’s responsibility to verify receipt of questions.

Please note that any questions submitted to the Commission using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Vendors are asked to review all questions previously submitted to determine whether the Vendor’s question has already been posted.

Vendors are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Vendors must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Vendor’s company or other companies. The Commission reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Vendor and awarded Vendor to maintain an active registration in COMMBUYS and to keep current the email address of the Vendor’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Commission, including requests for clarification. The Commission and the Commonwealth assume no responsibility if a prospective Vendor’s/awarded Vendor’s designated email address is not current, or if technical problems, including those with the prospective Vendor’s/awarded Vendor’s computer, network or internet service Vendor (ISP) cause email communications sent to/from the prospective Vendor/Awarded Vendor and the Commission to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Vendors access to the Bid Q&A page.

2.3 Amendment Deadline

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

2.4 Withdrawal of RFR

The Commission reserves the right to terminate this procurement in whole or in part at any time and without notice before or after submission of responses. It makes no guarantee that a contract, or an obligation to purchase materials or services, will result from this RFR.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Vendor Qualifications

3.1.1 Company certifications and affiliations

The Vendor shall provide a listing of the major resources and other sources (both domestic and international) that will enable the Vendor to perform the services contemplated by this RFR in a time-efficient and effective manner. These must include the following information:

· The individual or organization’s name and address; and

· What this resource or information source will be used for.

Separately, Vendors must include any and all affiliations with the marijuana industry. All affiliations with the marijuana industry, including all affiliations with current and prospective applicants and licensees of the Commission, must be disclosed with the proposal. Any subsequent affiliation that occurs after the vendor’s proposal is submitted must be proactively submitted to the Commission. Any change in disclosed affiliations must be proactively submitted to the Commission. Based on information received from a Vendor, the Commission may require a Vendor to seek advice under the conflict-of-interest law from the State Ethics Commission and to disclose the advice received with the Commission.

The limit on each such disclosure is one (1) page.

3.1.2 Company experience

The Vendor should include an organization chart showing the Vendor’s entire organizational structure. This chart should show the relationship of the individuals assigned to a contract to the Vendor's overall organizational structure.

The Vendor should also include a contract organization chart, with names showing management, supervisory and other key personnel (including subcontractor management, supervisory or other key personnel) to be assigned to a contract. The chart should include the labor category and title of each such individual.

The Vendor, and its staff, must have demonstrated experience providing comparable materials and services.

· Beginning and ending dates should be given for each similar contract.

· A description of the contract should be given and should demonstrate how the work on a completed contract relates to the ability to contribute to successfully providing the services required by this RFR.

· With respect to each similar contract, the Vendor should include the name and address of each reference together with a person to contact for a reference check and a telephone number.

· Demonstrated experience can, for example, respond to the question: What does social equity mean to you and how does your business implement equity into its policies and practices?"

The Vendor should provide detailed resumes for each subcontractor’s management, supervisory and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the subcontractor is designated to perform.

Vendor should include a maximum 2-page narrative describing Vendor’s experience, approach and qualification to work with working with disproportionately impacted communities, specifically Black, African American, Latinx, and Indigenous people of color.

3.1.3 Contract Management

The Vendor should describe its specific plans to manage, control and supervise a contract to ensure satisfactory contract completion according to the required schedule. The Vendor should include the address of the Vendor's office that will be responsible for managing a contract and the telephone number and name of the primary contact and its approach to communicate with the Commission’s primary contact, including, but not limited to, status meetings, status reports, etc.

3.1.4 References and reference information and/or requirements References must be available from either private or public-sector clients for the specific services solicited.

3.1.5 Employee requirements

Key staff must have demonstrated qualifications to provide professional training and technical assistance.

· Detailed resumes should be submitted for all management, supervisory and key personnel to be assigned to a contract. Resumes should be structured to emphasize relevant qualifications and experience of these individuals in successfully completing contracts of a similar size and scope to those required by this RFR. Resumes should include the following:

· At the top of the resume, identify which of the following qualifications the individual possesses. It is highly desired that individuals possess at LEAST 3 of the following characteristics:

· Demonstrated experience in relevant fields

· Professional licensing experience

· Cannabis industry experience

· Demonstrated experience providing comparable materials and services.

· Demonstrated experience working with disproportionately impacted communities, specifically Black, African American, Latinx, and Indigenous people of color.

· Demonstrated experience developing content that complies with the Americans with Disability Act (ADA) and Section 508 of the Rehabilitation Act, or state accessibility requirements for the sight and hearing impaired.

Backup Staff: The Vendor should include a list of backup staff that may be called upon to assist or replace key individuals assigned. Backup staff must be clearly identified as backup staff. In the event the Vendor must hire management, supervisory and/or key personnel if awarded a contract, the Vendor should include, as part of its recruitment plan, a plan to secure backup staff in the event personnel initially recruited need assistance or need to be replaced during a contract term.

The Vendor should provide documented experience to demonstrate that each subcontractor has successfully performed work on contracts of a similar size and scope to the work that the subcontractor is designated to perform in the Vendor’s proposal. The Vendor must provide a detailed description of services to be provided by each subcontractor.

3.1.6 Professionalism

To contract with the Commission, Selected Vendors must demonstrate a reputation for providing services in a manner that is professional, unbiased, and independent.

Prior to submission of the first Deliverable, Contractor must provide evidence to the Commission that each member of Key Personnel has completed an implicit bias training within the previous 12 months, or substantially similar training or experience that, to the satisfaction of the Commission’s Point of Contact/Project Manager, qualifies Key Personnel to work, in an equitable and inclusive fashion, with diverse communities, including those historically marginalized or disproportionately impacted by the prohibition of cannabis.

Past or Pending Professional Discipline & Litigation: Each Vendor shall describe any previous instances of past or pending professional discipline or litigation relevant to the services solicited by this RFR.

3.2 Service Specifications

3.2.1 Design requirements

The Program aims to decrease the disparities in life outcomes for people from communities that have been disproportionately harmed by marijuana law enforcement and improve the quality of life in areas of disproportionate impact; and reduce barriers to entry into and promote sustainable, socially and economically reparative practices in the commercial adult-use marijuana industry in the Commonwealth.

The Commission seeks vendors to develop face-to-face and on-demand curriculum as well as provide professional training, technical assistance, mentoring, and associated materials and services, for individuals and businesses seeking assistance with entry into the adult-use marijuana industry through the Program.

The Program will connect Selected Vendors with Program participants, who will be on pre-selected curriculum tracks (see Table A). Tracks will be chosen based on the Program participants’ area of interest in the cannabis industry, their current skillsets and knowledge base, and their desired goals. Each track will provide comprehensive programming and hands-on guidance coupled with skills-based training to those most impacted by marijuana prohibition and enforcement.

Selected Vendors will work with the Commission to develop curriculum and provide face-to-face and on-demand training, technical assistance and mentoring to Program participants. Specifically, Vendors will:

1. Develop curriculum and provide education and training for at least one course according to the curriculum tracks listed in Table A below. A description of each course is also provided below.

a. Vendors must identify the specific course(s) for which they intend to provide training and on which corresponding track they fall.

b. Vendors must describe how their proposed trainings directly relate to the marijuana industry.

c. If Vendors wish to propose courses not listed in Table A, the Commission will consider only up to two other courses for each Vendor.

d. Each curriculum track will be conducted live in multiple physical or virtual locations across the Commonwealth with a commitment to providing digital access. The locations of live sessions will be re-evaluated and determined by application data and access to adequate meeting space for at least 150-200 applicants per track.

e. All courses will be available live.

f. All courses will run from Monday through Friday, with alternative time frames and provided on Saturdays & Sundays.

g. All courses within each track flow sequentially into the next and will be taught in order of Table A. As vendors may propose new courses, Table A may be updated as necessary.

h. Vendors must indicate the proposed amount of time to complete each course (number of days and hours per days). Note: For reference each track will run for a duration of six months or less.

i. Vendors should propose course durations that are at maximum of 2-4 weeks; however, for skills-based trainings vendors should propose course durations that are at maximum 3-4 weeks.

j. Vendors must be able to develop curriculum, deploy curriculum, and provide technical assistance and trainings as programming requires

k. Vendors must be able to apply pedagogy teaching methods, learning activities, learning assessments, and academia best practices.

l. Vendors must be able to review, assess, existing curriculum with the intent of developing, and deploying online e-learning modules.

m. Vendors must design courses appropriate for participants applying for (or planning to apply for) different license types.

n. Vendors should identify methods of assessing a participant’s retention of information, completion and success of each course, mid-way and upon completion.

o. Any and all curriculum and/or materials developed by the Vendor pursuant to this RFR becomes solely the property of the Commonwealth of Massachusetts, Cannabis Control Commission, which may use or modify it in any way.

2. Support and train Program participants, who are individuals and business in areas of disproportionate impact by providing skills to address their disparities in life circumstances and improve their and their communities’ quality of life, while improving the quality of life in areas of disproportionate impact. See the Commission’s Guidance for Identifying Areas of Disproportionate Impact, available at https://mass-cannabis-control.com/wp-content/uploads/2018/04/FINAL-DRAFT-Areas-of-Disproportionate-Impact-1.pdf

Table A: Curriculum Tracks Entrepreneur (24 courses) Core (7 Courses) Entry (7 Courses) Ancillary (8 courses)

Universal Courses Mandatory for Entrepreneur & Core Tracks – Optionally Available to Entry & Ancillary

· Accounting & Taxes for Cannabis Businesses

· Agent Recruitment & Training

· Branding, Marketing, & Advertising

· Universal Business Plan Creation & Development

· Host Community Agreements (HCAs)

· Municipal Process

· Predatory Lending

· Raising Capital in the Cannabis Industry

Retail (6 courses)

Cultivation (6 courses)

Product Manufacturing

Delivery

1. Application & Licensing Process

2. Cannabis Business Compliance

3. Facility Design

4. Security & Working with Law Enforcement

5. Testing Process

6. Post Licensure Operations

Resume & Interview Prep for Cannabis Careers

Accounting & Taxes for Ancillary Businesses

Sustaining Operations

Course Descriptions and Learning Objectives: Please see the “Programming Curriculum” Document Attachment within the COMMBUYS Bid Solitcation for more details.

3.2.2 Training & Training Materials

In recognition of the increasing diversity of platforms on which consumers get information, the Commission requires that any produced video messages can be syndicated through a variety of platforms including, but not limited to, traditional broadcast television, local cable access, YouTube, and other social media and web-based platforms. All formats must meet state accessibility requirements for the sight and hearing impaired, including closed captioning, alternate file formats accessible by screen readers, content transcripts, and other requirements as provided by the Commission.

The Commission will own and distribute all materials through its websites and our existing social media accounts. All materials will also be made available to local municipalities and programs across the Commonwealth to distribute to their residents via their communications channels.

· Vendors must supply their own printed material and other supplies for each training, as applicable.

· Vendors must arrange technology resources for each training but may use Commission technology if the Commission agrees to such accommodations.

· Vendors must provide for all their own travel expenses.

3.3 Complete Response

A complete response must be submitted in the following format:

· Proposal must adhere to the page limits described below (excluding required forms, tables listing client references and résumés, which may be attached as exhibits).

· Each copy should be labeled with the name of the response document it contains.

· The sections of the response documents should be identified by either a separator page to match the order and names of the sections listed in the checklist below.

· Complete Response Checklist (please structure your response in the same order listed) and should not exceed 12 pages;

· Cover Letter (see below);

· Vendor Qualifications (see Section 3.1 of this RFR, including narrative response);

· Programmatic Response (see below for further details);

· Supplier Diversity Plan Form #1 - SDP Plan Commitment, available at https://www.mass.gov/lists/sdo-forms, see Sections 9 (Appendix 2) and 10.5 (Appendix 3) of this RFR.

· Proposed Prompt Payment Discount Form (PPD) or indication that Vendor will agree to the 45-day payment cycle, see Section s 9 (Appendix 2) and 10.6 (Appendix 3) of this RFR

· Business Reference Form, see Section 10.7 (Appendix 3) of this RFR Please note that it is the Commission’s policy not to enter into end-user agreements. Any such agreement and the necessity of that agreement must be identified as part of the Vendor’s response, or it will not be considered.

COVER LETTER: A cover letter that clearly states the name of the Vendor organization, principal address, local (greater Boston) address (if applicable, and if different from principal address), website (if applicable), and the name, address, email, fax and telephone number of the Vendor’s primary contact person. The letter must:

· Provide an executive summary of the Vendor’s proposal, which identifies the services to be provided;

· Identify the name, title, address, phone number, and email address of the individual serving as the Vendor’s primary contact;

· Clearly commit the key personnel for a minimum of six (6) months from the response due date and describe the way subsequent staff or assignments will be made to ensure continuity;

· Clearly identify any significant subcontractors, their roles, and responsibilities for a minimum of six (6) months from the response due date and describe the way subsequent subcontract assignments will be made to ensure continuity;

· Define “social equity” and demonstrate an understanding of the Commission’s equity provisions; and

· Include a statement that the Vendor’s proposal will remain in effect for at least 120 days or until a contract resulting from this RFR is executed, whichever is earlier.

Unnecessary attachments or other documents not specifically asked for should not be submitted.

PROGRAMMATIC RESPONSE AND EVALUATION COMPONENTS:

As part of its programmatic response, the Vendor shall describe its approach and plans for accomplishing the work outlined in Section 3 of this RFR. The Vendor must set forth its understanding of the requirements of this RFR and its ability to successfully complete a contract. The following components will be some of the criteria considered by the Commission when evaluating each Quote.

Responses will be reviewed and evaluated according to the criteria set by the Commission, adherence to the submission requirements, experience working with impacted communities, proven ability to develop and deliver effective training and technical assistance services, and proven commitment to social equity.

1. Vendor Structure The Vendor shall provide a brief description of business organization, including its organizational structure, its scope of business, its internal organization, number of personnel, and relationship with subcontractors.

2. Strategic Approach The Vendor shall set forth its overall strategic approach and plans to meet the requirements of the RFR in a narrative format. This narrative should convince the Commission that the Vendor understands the objectives that a contract is intended to meet, the nature of the required work, and the level of effort necessary to successfully complete a contract. It should convey that the Vendor’s detailed plans and approach proposed to complete the Scope of Services are realistic, attainable and appropriate and that the Vendor’s proposal will lead to successful contract completion. Mere reiterations of RFR tasks and subtasks are strongly discouraged, as they do not provide insight into the Vendor's qualifications and capacities to complete a contract.

Vendors will differentiate themselves by demonstrating to the Commission that the Vendor understands the cannabis industry as well as social equity, and has an approach, contacts and experience providing comparable services in the industry or a related industry.

a. Required elements of response include rates, budget and deliverables.

Describe your past and present experience developing and implementing curricula in any of the areas listed. Please be encouraged to identify all areas of expertise. Specify if this experience is directly tied to the marijuana industry.

· Accounting and sales forecasting.

· Business plan creation and operational development.

· Farming best practices.

· Identifying/raising funds or capital.

· Management, recruitment, and employee trainings.

· Marijuana industry best practices.

· Navigating licensing/certification processes.

· Navigation of municipal processes.

· Tax prediction and legal compliance.

· Understanding and navigating law.

· Skills-based training

· Restorative Justice and Re-Entering the Workforce

· Educating and De-stigmatizing cannabis in communities across the Commonwealth

· Required Technology and Financial Literacy

· Science behind Cannabis and physiological impacts

· Investigation Compliance

· Other - Provide details, specify how this would be transferable to the marijuana industry.

Detail your course curriculum framework.

· Specify how long the development of the course will take, overall duration of the curriculum broken down in terms of number of sessions, teaching hours, months and/or years and the number of courses necessary to adequately train a participant. (Specify if you are able to provide alternative time frames).

· Specify the content to be learned in clear, definable standards of what the applicant should know and be able to do once the program concludes.

· Describe how the curriculum is related or transferable to the marijuana industry.

· Describe the location and area of your training site or your plan to procure space and appropriate equipment. Detail any spacing and equipment needs or limitations. (state-wide) Describe your experience working specifically with Black, African American, Latinx, Asian and Pacific Islander, and Indigenous people of color, veterans, women, LGBTQ+ people, farmers, people with disabilities, or other disproportionately impacted communities.

Describe experience developing effective digital content designed to reach various target audiences.

Supplier Diversity Plan Form #1 - SDP Plan Commitment Vendor Attachment A - PAST & PRESENT EXPERIENCE Provide between 3 to 5 examples of your experience with providing trainings and/or technical assistance in the areas of: management, recruitment, and employee trainings; accounting and sales forecasting; tax prediction and legal compliance; business plan creation and operational development; marijuana industry best practices; identifying/raising funds or capital; navigating licensing/certification processes; farming best practices; navigation of municipal processes; and understanding and navigating law. Examples must be able to be reviewed in under 10 minutes. Should include an organized summary of previous courses and evaluations (please do not include raw scores).

Vendor Attachment B – KEY & BACKUP STAFF & KEY RELATIONSHIPS As described below, identify the manager and any other key staff who will routinely work with applicants. Briefly describe the relevant experience of each of those individuals. This relevant experience should include previous work experience with communities disproportionately impacted by the War on Drugs, specifically Black, African American, Latinx, and Indigenous communities. Additionally, include any relevant degrees/certificates/licenses, and relevant SEP status. Describe your plan to obtain additional staff members if needed and whether you will be relying on subcontractors. Please explain what qualities and qualifications you will look for in your search for additional staff members.

Vendor Attachment C - TIMELINE Present a timeline to meet the deliverables in the scope of service. Include adequate time for the Cannabis Control Commission to approval of the initial concepts; initial draft and design samples; and final products.

Vendor Attachment D – BUDGET (COST RESPONSE) Provide a rate-based budget for: 1) the development of each course type; and 2) the delivery of the first live session of each course. The budget shall be inclusive of all personnel time; materials, including copying and printing; travel; communication; project management; overhead costs; overtime including weekends and holidays; and any and all other ancillary costs and charges. All negotiated rates specified are to be firm and fixed throughout the term of a contract and any related extensions.

The Commission anticipates that Vendors will be compensated an estimated amount of $5,000 - $10,000 per course, inclusive of all of the expenses listed above and of both deliverables. It would be helpful to the Commission for Vendors to work within this range when providing their cost responses.

As set forth in the Commonwealth Standard Contract Form, any and all payments are subject to appropriation.

Vendor Attachment F – REFERENCES The Vendor shall provide references from at least three (3) organizations for which the Vendor has provided services similar to the work contemplated by this RFR. Vendors are required to use the Business Reference Form posted along with this procurement on COMMBUYS.

Responses must be limited to 5 narrative pages plus requested appendices. Narrative should use 12-point font and have 1-inch page margins. The appendices should each be submitted as a Word document, PDF or excel sheet with the appendices clearly numbered and marked in the title of the documents. Each answer should be numbered, because each question will be rated separately, unless the reader is referred to anothe230r specific answer. Electronic media should be able to be easily accessed.

Vendor Attachment G - Understanding of current ADA regulations and how it applies to ADA regulations in the Vendor’s business.

For evaluation purposes, there are a total of 100 points distributed throughout the above-mentioned criteria. Per the requirements for this procurement, the SDP Plan must be evaluated at 25% or more of the total evaluation.

3.4 Compensation Structure/Pricing

This will be a rate contract. Compensation will be project based; and payment will be a deliverable-based rate structure, based on the following deliverables:

DELIVERABLE PART 1: Curriculum Development:

· Curriculum development designed to inform the different pathways to entry into the cannabis industry.

· Development of learning materials that adhere to ADA guidelines and Section 508 regulations, state accessibility requirements for the sight and hearing impaired, and other requirements as provided by the Commission.

· Coursework delivery in online learning management system.

· Development of collateral materials for use in Commission promotional materials as well as dissemination though community partners.

DELIVERABLE PART 2: Training & Technical Assistance Services:

· Placement and monitoring of applicants in trainings, technical assistance, and/or mentoring.

· Conducting trainings and implementing course curriculum virtually and if possible, in-person. All trainings should be recorded with closed captioning and be made accessible to all participants in the online learning management system.

· Reporting on effectiveness of each element and plans for adjusting as needed to ensure the most effective teaching methods for all learners are being utilized.

· Developing recommendations for future phases and iterations of the program.

· Developing and/or revising trainings for additional audiences and marijuana-related issues.

· Developing and collecting evaluations from Program participants from each course – mid course and end of course.

Payments will be based on completion of Deliverable Part 2.

Please note that for compensation purposes, a course with the same name and or/description appearing under multiple tracks will be treated as separate and distinct courses under each track.

This compensation structure is subject to change pursuant to the needs of the Commission.

Invoice and Payment Specifications. The Commission will not make payment in advance, make a deposit nor make payment on delivery. Vendors must submit an itemized invoice and other documents as negotiated by the 15th of the month after services have been rendered, indicating the date, description and charges. Guidance regarding payment and billing will be discussed during contract negotiations. By default, in compliance with state finance law, the Commission adheres to a 45-day payment schedule unless the Vendor agrees to a prompt payment discount schedule and terms. The Commission is a tax-exempt entity and will provide a copy of the ST-2 tax form for each awarded Vendor to keep on file. See also Section 8.2.1 of this RFR.

Costs. Costs which are not specifically identified in the Vendor’s response, and accepted by the Commission as part of the 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 Vendors responding to this RFR.

Reservation of Rights. This RFR does not commit the Commission to award any contracts, or to purchase any services if contracts are awarded. The Commission reserves the right to accept or reject any and all submissions received as a result of this RFR, to negotiate with any or all bidders and bidders selected that are determined qualified, and to cancel in part or in its entirely the RFR if it is in the best interest of the Commonwealth to do so. The Commission reserves the right to make contract changes and/or amendments during the term of the procurement as a result of contract monitoring and evaluation.

4 OTHER TERMS

4.1 Continued qualification based on performance

Performance Requirements: The Commission is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the Vendor’s performance to ensure the engagement is compliant with what has been requested and what the Vendor has offered in this RFR. The following performance areas will be subject to measurement:

· Timely delivery (commodities, services, reports, billing, etc.)

· Responsiveness to commission Inquiries

· Quality of deliverables (commodities, adherence to ADA and Section 508 regulations, reports, etc.)

· Implementation of feedback from Commission staff

· Performance targets/benchmarks (quantities, outcomes, etc.)

· Attendance at scheduled meetings

· Adherence to policies and procedures of the Commission

· Engagement Performance Monitoring: To ensure performance monitoring, the selected vendor(s) will be required to update the Commission on progress toward the goals of the engagement by submitting training evaluations from participants with timely communication, which can be by email, telephone, or in-person meetings.

· Contractors will maintain a consistent aggregated participant rating score using a 1–5-point Rensis Likert scale of 3.75 or greater sample evaluation (Attachment X). Two scores below 3.75 within a contract year will require a formal performance discussion with the Commission’s Project Manager.

· Commission staff will conduct routine evaluations using in-person observations of a contract trainer to assess their delivery method, as well as the quality, applicability, and effectiveness of the curriculum/content.

· Evaluation will consist of instructor evaluations, course evaluation, and use of technology.

· Instructors evaluation will include teaching methods, demonstrated expertise of knowledge, engagement with participants, cultural competency, demonstrated understanding of social equity, etc.

· Course evaluation will include accessibility of content, application of course goals and objectives, participant engagement, and content delivery, etc.

· Technology evaluation will include effective use of technology features within various online learning management systems, distribution of materials, accessibility of webinars/live sessions, etc.

4.2 Reporting

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

4.3 Security and confidentiality

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

4.4 Alternatives

Vendors may propose alternatives for equivalent, better or more cost-effective performance than specified under the Vendor’s original Quote at any time during the life of the Contract.

4.5 Failure to perform contractual obligations as outlined in the Standard Contract Form, Terms and Conditions, and RFR may result in the following:

Termination;

Suspension;

Adding additional contractors;

Cover/Replacement Costs; or Liquidated Damages.

4.6 Confidentiality

Vendors 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.

4.7 Closing Date

Responses received after the response due date and time specified this RFR will be rejected. Due to statutorily imposed timelines, requests for extensions of time for submitting responses cannot be granted. All responses become the property of the Commonwealth of Massachusetts.

4.8 Response Duration

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

4.9 Acceptance of Response Content

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

4.10 Option to Modify Scope of Work

The Commission reserves the right, at its sole discretion and at any time after release of the RFR and during to modify, increase, reduce or terminate any requirements of the procurement, whenever Commission deems necessary or reasonable to reflect any change in policy or program goals. Commission additionally reserves the right, at its sole discretion and at any time after release of the RFR and to amend the procurement to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting Commission. In the event of a change in the scope of work, Commission will provide written notice to the Vendor and will initiate negotiations with the Vendor.

4.11 Authorizations and Appropriations

Any contract awarded under this RFR is subject to all necessary federal and state approvals, as applicable, and is subject to appropriation of sufficient funding as determined by Commission.

4.12 Template Statement of Work

If awarded a contract under this RFR, Vendor shall execute a statement of work (SOW), which may be modified at the sole discretion of the Commission. If awarded a contract under this RFR, Vendor shall execute with each member of Key Personnel (as defined in the SOW) an Intellectual Property and Work Effort Agreement, similar to the template attached hereto as Appendix 6. As part of its response, Vendor should identify terms of such SOW that might prevent it from contracting with the Commission or would otherwise make providing the services unpracticable.

5 AUDIT

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

6 EVALUATION CRITERIA

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

Evaluation Process:

The RFR Evaluation Process will be conducted in three phases. Staff and designated Commissioners at the Commission will conduct this portion of the review.

Phase I Review will be conducted for all proposal submissions. The purpose of the Phase I Review is to eliminate any bids that are nonresponsive to the requirements of the RFR. Bids that are deemed to be qualified based on the Phase I Review will be submitted to the Procurement Management Team (PMT) for additional review (Phase II Review). The PMT will make a recommendation to the Commissioners who will then accept or reject the recommendation of the PMT. (Phase I through Phase III of this RFR will be evaluated separately).

The Commission reserves the right to waive or permit cure of non-material errors or omissions and to take any other measures with respect to this RFR in any manner necessary to serve the best interests of the Commission and its staff.

1. Phase I Review: Vendors’ responses will be reviewed based on listed criteria and completeness of response including mandatory attachments and compliance to submission criteria. Bids that do not comply with these components may be rejected and not proceed to Phase II Review.

2. Phase II Review (Total 100 points – see Section 3.3 above): Qualified bids, based on the Phase I Review, will be considered for additional review in Phase II. Scoring criteria for the evaluation of proposals was established above.

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