RFR Wage Equity Reporting.pdf

Collection and Analysis of Wage Transparency Data / COMMBUYS Bid# BD-25-1043-DAO01-32500-108881

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Request for Response

Document Title: Collection and Analysis of Wage Transparency Data

COMMBUYS Bid#: RFR BD-25-1043-DAO01-32500-108881

10/24/2024

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

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

1 RFR PROCUREMENT SCOPE AND DESCRIPTION

1.1 Overall EOLWD Goals

On July 31, 2024, Governor Healey signed An Act Relative to Salary Range Transparency (colloquially the “Frances Perkins Workplace Equity Act”), which enhances pay equity and transparency by requiring employers to disclose salary ranges in job postings, protecting an employee’s right to ask for salary ranges, and requiring new workforce demographic data disclosures. Massachusetts’ Executive Office of Labor and Workforce Development (“EOLWD”) has an important role to play in aggregating, publishing, and reporting on this new data requirement. EOLWD is seeking a vendor to provide technical assistance and data analysis related to this effort.

1.2 RFR Scope and Program Timeline

The purpose of this procurement is to acquire the services of a qualified research institute or firm to partner with EOLWD to help ensure that the data received by EOLWD can be properly entered, synthesized, analyzed, and accounted for in support of its charge under the Frances Perkins Workplace Equity Act.

Program Timeline (two-year cycle):

• Covered employers submit individual EEO-1, EEO-3 and EEO-5 data reports to the Secretary of State no later than February 1, 2025.

• These individual EEO-1, EEO-3 and EEO-5 data reports are transmitted to the Executive Office of Labor and Workforce Development no later than April 1, 2025.

• Aggregate EEO-1, EEO-3, and EEO-5 wage and workforce data reports are published by the Executive Office of Labor and Workforce Development no later than June 1, 2025.

• Covered employers submit their individual EEO-1 and EEO-4 data reports to the Secretary of State no later than February 1, 2026.

• These individual EEO-1 and EEO-4 data reports are transmitted to the Executive Office of Labor and Workforce Development no later than April 1, 2026.

• Aggregate EEO-1, and EEO-4 wage and workforce data reports are published by the Executive Office of Labor and Workforce Development no later than July 1, 2026.

1.3 Applicable Procurement Law

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

1.4 Order of Precedence

The order of precedence for any Contract entered into under this RFR shall be as follows. In the event of a conflict between or among these documents, the document of higher precedence shall control:

1. Commonwealth Terms and Conditions for Information Technology Contracts;

2. Commonwealth Standard Contract Form;

3. This RFR (RFR BD-25-1043-DAO01_32500-108881), including any attachments and amendments hereto;

4. Any resultant contract negotiated between the Selected Vendor and the Commonwealth;

5. Any subsequent Task Orders or other documents negotiated between the parties, as may be periodically amended by the Parties; and

6. The Selected Vendor’s Response to this RFR, including any supplemental materials, attachments, or appendices, and responses to EOLWD’s requests for technical corrections, clarifications, or best and final offers.

Potential Bidders who object to this order of precedence must not submit a response to this

RFR

1.5 Number of Awards

EOLWD’s intent is to award one (1) contract for this procurement. This means that potential Bidders who are unable to offer a complete solution must partner and/or bundle their services in order to be awarded a contract resulting from this procurement. Prior approval of EOLWD is required for any subcontracted service of the contract. Bidders shall be responsible for the performance and oversight of subcontractors, if any.

1.6 Adding Contractors after Initial Contract Award

If EOLWD determines that additional Contractors should be added, these may first be drawn from qualified companies that responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

1.7 Eligible Entities

Any contract resulting from this Bid will be open for use by Executive Branch Agencies only.

1.8 Acquisition Method(s)

The Commonwealth may use different acquisition methods, including license, subscription, fee for service, outright purchase, term lease, time and material, and/or firm fixed-price work.

2 SCOPE OF SERVICES REQUIRED

2.1 Data Collection, Analysis, and Reporting

The purpose of this procurement is to acquire the services of a qualified research institute or firm to partner with EOLWD to help ensure that the data received by EOLWD can be properly compiled, synthesized, analyzed, and accounted for in support of its charge under the Frances Perkins Workplace Equity Act. The vendor will be primarily responsible for:

• Implementing systems to securely collect, digitize, and integrate data from multiple formats

• Cleaning, validating, and standardizing data for accurate analysis

• Aggregating wage and demographic data by key categories to ensure compliance with the Frances

Perkins Workplace Equity Act

• Providing reports as required by the Frances Perkins Workplace Equity Act and EOLWD.

2.2 Deliverables Include:

• A solution for managing multi-format data submissions

• Aggregate reports to be published on the following timelines:

o June 1, 2025: Aggregate data for EEO-1, EEO-3, and EEO-5 reports o July 1, 2026: Aggregate data for EEO-1 and EEO-4 reports

• Data analysis of EEO reports and presentation of data as requested by EOLWD

2.3 Program Timeline (two-year cycle):

• Covered employers submit individual EEO-1, EEO-3 and EEO-5 data reports to the Secretary of State no later than February 1, 2025, and annually or as required thereafter.

• These individual EEO-1, EEO-3 and EEO-5 data reports are transmitted to the Executive Office of Labor and Workforce Development no later than April 1, 2025, and annually or biannually (as required) thereafter.

• Aggregate EEO-1, EEO-3, and EEO-5 wage and workforce data reports are published by the Executive Office of Labor and Workforce Development no later than June 1, 2025, and annually or biannually (as required) thereafter.

• Covered employers submit their individual EEO-1 and EEO-4 data reports to the Secretary of State no later than February 1, 2026, and annually thereafter.

• These individual EEO-1 and EEO-4 data reports are transmitted to the Executive Office of Labor and Workforce Development no later than April 1, 2026, and annually thereafter.

• Aggregate EEO-1, and EEO-4 wage and workforce data reports are published by the Executive Office of Labor and Workforce Development no later than July 1, 2026, and annually thereafter.

3 LEGAL STATEMENT

For purposes of this procurement, Bidders are expected to comply with all sources of federal and state guidance currently in effect and as periodically amended, including but not limited to the following:

the Frances Perkins Workplace Equity Act, Massachusetts General Law Chapter 149, Sections 105E and 105F; Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C.

2000, et seq.; Sections 1602.7-1602.14, Chapter XIV, Title 29 of the Code of Federal Regulations (CFR); Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965); and 41 CFR 60-1.7 et seq.; and all relevant U.S. Department of Labor guidance, Equal Opportunity Employment Commission guidance, and Massachusetts state guidance, promulgated by the Office of the Attorney General or others responsive to the Frances Perkins Workplace Equity Act.

In addition to the legal requirements set forth in this RFR and response template, appendices and attachments, Bidders are expected to comply with the following. The following categories of violations may disqualify Bidders from providing services under a Contract resulting from this RFR.

• Data Security/Privacy – Violation of any federal, state, or local law, regulation, or established policy pertaining to data security and/or privacy, including but not limited to:

• The Fair Information Practices Act, M.G.L. c. 66, § 10

• The Security Breaches Act, M.G.L. c. 93H, § 14

• The Dispositions and Destruction of Records Act, M.G.L. c. 93I, § 14

• The Privacy Act, Title 5 of the U.S. Code, Section 552a

• The privacy and security provisions of the Federal Health Information Portability and

Accountability Act (HIPAA).

• Executive Order 14028

• Wiretaps – Violation of the state wiretap law, M.G.L. c. 272, § 99, or its federal counterpart, 18 U.S.C. § 2511.

• Computer Crimes – Violation of federal or state laws specific to computer crime, including without limitation and for example, the Federal Computer Fraud and Abuse Act, 18 U.S.C.

§1030 and the Massachusetts state law prohibiting electronic transmission of threats, M.G.L.

c. 269, § 14.

• Crimes using information technology – Violation of any federal or state criminal laws if follow-up communication with applicant discloses that information technology (computers, networks, and peripheral devices) was used to commit the acts on which the conviction was based. The following are examples of state laws under which crimes committed using computers could theoretically be prosecuted:

• M.G.L. c. 266, § 30 (theft of intellectual property); M.G.L. c. 266, § 120F (unauthorized access to computer system).

• Intellectual Property – Violation of laws pertaining to trade secrets, copyrights, patents, or any other form of protection of intellectual property.

• White Collar Crime – Violation of federal or state criminal laws pertaining to theft, fraud, misrepresentation, tax evasion, and other forms of white-collar crime.

• Identity Theft – Violation of “An Act Relative to Security Freezes and Notification of Data Breaches,” M.G.L. c. 93H, 93I.

• Convictions for Crimes of Violence - Violation of laws pertaining to felonies committed with violence within the last seven years.

Privacy and Confidentiality

Work on this project may require that personnel have access to private information. All Vendor personnel must adhere to all applicable Federal, State, and Local laws, policies, rules, regulations, and guidelines, including but not limited to the following:

• Unemployment Insurance M.G.L. c. 151A

• The Fair Information Practices Act, M.G.L. c. 66, § 10

• The Security Breaches Act, M.G.L. c. 93H, § 14

• The Dispositions and Destruction of Records Act, M.G.L. c. 93I, § 14

• The Privacy Act, Title 5 of the U.S. Code, Section 552a

• Executive Order 14028

4 PROCUREMENT RULES, PROCESSES AND TIMELINES, GUIDELINES AND RESPONSE

REQUIREMENTS

4.1 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

It is the responsibility of the prospective Bidder to maintain an active registration in COMMBUYS and to ensure that the email address of the Bidder’s designated contact person is current and that the account is monitored. The Commonwealth assumes no responsibility if a prospective Bidder’s email address is not current or other technical problems arise. Bidders experiencing technical problems accessing information or attachments should contact the COMMBUYS Help Desk at osdhelpdesk@mass.gov or commbuys@mass.gov.

4.2 Expected Duration

The expected duration of any contracts awarded as a result of this procurement is for an initial term of two

(2) years with options to renew for up to an additional ten (10) years in any increment determined by the Commonwealth. The total maximum anticipated duration of this contract shall not exceed fifteen (15) years.

4.3 Estimated Procurement Calendar

The following estimated procurement calendar represents EOLWD’s best estimate of the procurement schedule. EOLWD may adjust this schedule as it deems necessary. Notification of any adjustment to the procurement calendar shall be posted on COMMBUYS (www.commbuys.com).

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

mailto:osdhelpdesk@mass.gov mailto:commbuys@mass.gov

EVENT DATE

Bid Release Date October 24, 2024

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

November 5, 2024 4:00 pm

Official Answers for Bid Questions by EOLWD Posted on COMMBUYS

November 8, 2024 4:00 pm

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

November 13, 2024 3:00 pm

Oral Presentations for Selected Bidder(s) (if requested by EOLWD)

November 18 - 22, 2024

Notification of Apparent Successful Bidder(s) (Estimated)

NLT November 22, 2024

Estimated Contract Start Date, subject to successful completion of contract negotiations

January 2, 2025

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

4.4 Bidder Questions

Bidders may make written inquiries concerning this RFR until the Deadline for Submission of Questions set forth in the Estimated Procurement Calendar in paragraph 4.3. All such questions must be submitted via COMMBUYS. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. It is the Bidder’s responsibility to verify receipt of questions.

Questions submitted using any medium other than COMMBUYS will not be answered. Bidders are prohibited from communicating directly with any employee or contractor of the Commonwealth 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 are asked to review all previously submitted questions prior to posting. Bidders should note that all questions are accessible to the public and as such should enter content suitable for public viewing; Bidders should refrain from including information that could be seen as personal, security sensitive, or otherwise objectionable (including information about the Bidder or other potential Bidders).

EOLWD will review inquiries and prepare written answers to questions, at its sole discretion and reserves the right to edit, delete, or decline to answer any submitted questions. All written answers will be posted on COMMBUYS and are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the Bidder’s responsibility to check the COMMBUYS website for updates.

4.5 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 Bidders access to the Bid Q&A page.

4.6 Amendment Deadline

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

4.7 Oral Presentations/Product Demonstrations

EOLWD may, in its sole discretion, invite those Bidders whose responses have been judged competitive and responsive in the course of the evaluation to participate in a facilitated oral presentation, including demonstrations of proposed software or technology and may use these demonstrations or oral presentations to clarify aspects of the Bidder’s response or to inquire as to the Bidder’s proposed approach, recommendations, and experience with regard to any aspect of this project. Scoring of a prospective Bidder may be adjusted based on the Bidder’s performance during demonstration and/or oral presentation.

Presentations may be conducted virtually or in person—as required by EOLWD.

Bidders who are asked to participate in oral presentations will be expected to prioritize this in their schedules. EOLWD will endeavor to find a mutually convenient time for presentations, if any, however, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points, or other action that EOLWD deems appropriate. The EOLWD reserves the right to reschedule any Bidder’s oral presentation date.

4.8 Bidder Response Requirements and Format

EOLWD is seeking clearly articulated proposals that conform with the requirements set forth in the accompanying Response Template and cost template and address only the specific needs associated with this project. Superfluous information and marketing materials are strongly discouraged; if received, such materials will not be reviewed and will not factor into bid evaluations.

All response forms must be submitted in the same format in which they were provided. Do not change file format or combine forms. Bidders should rename forms only to add their company name and response category to the file name.

Bidders must complete and submit all information and forms using the designated Response Template and related documents provided on COMMBUYS along with this RFR in accordance with the instructions set forth therein.

4.9 Bidder Qualifications

The Commonwealth will accept proposals from qualified Bidders with expertise in the secure collection and compilation of confidential data derived from electronic or paper reports and the ability to convert or transmit a high volume of data into useable, exportable machine-readable text. Said data will need to be aggregated, measured and published in manner suitable for public consumption and analysis within the time constraints set forth.

4.10. Evaluation Criteria

4.10.1 Overview

SST members will rate each Bidder’s ability to deliver a best value solution based on their review of the information presented in the Bidder’s response and their knowledge of the Bidder gained through the evaluation process. Sources of information which may be used in their evaluation include the written proposal, product demonstrations, oral presentations, verbal and written responses to questions asked by the Committee, technical prototyping/proof of concept, the Bidder’s past performance as a Commonwealth contractor, references, and other evidence the SST deems relevant.

4.10.2 Mandatory Requirements

RFR sections that include terms such as: “must”, “shall”, “will” and “required” are mandatory. Failure to meet the requirements of a mandatory specification without providing an alternative that is acceptable to the evaluators may result in the disqualification of a Bidder’s proposal. The SST reserves the right, in its discretion, to determine whether non-compliance with a mandatory specification is insignificant or can be easily corrected.

4.10.3 Preferred Specifications

RFR specifications prefaced with language such as: “desirable”, “could,” “can,” “may,” “should,” “preferably,” “prefer,” “suggested,” and “requested” identify a desirable or discretionary item or factor that is considered by EOLWD to be “desirable.”

4.10.4 Compliance with Minimum Submission Requirements:

1. Response has been received timely, by the submission deadline.

2. Response follows the format set forth in the response template and includes an RFR Cost Response separate from the RFR Business Response.

3. All documents requiring an electronic signature have been signed and are included.

4. Response complies with and does not alter the Commonwealth’s Terms and Conditions for Information Technology Contracts, the Commonwealth Standards Contract Form, the terms of the RFR, and other required RFR attachments.

5. All forms, questions, and checkboxes in the Response Template have been completed.

6. There are no disqualifying answers, or checkboxes not filled in, on the Cover Letter, the Statement of Minimum Qualifications, Legal and Other Requirements, Representations and Warranties, and Disclosure Statement, all contained within the Response Template.

It is the Bidder’s responsibility to ensure that all required materials in the designated format are included with its Response.

4.10.5 Selection Criteria and Priorities

Responses to the RFR will be evaluated based on the Bidder’s compliance with the submission requirements, demonstrated ability to securely ingest and synthesize the data required by the Frances Perkins Wage Equity Act, and experience with related data analysis. Preference will be given to bidders who prioritize supplier diversity, cost efficiency, and an understanding of RFR requirements. EOLWD remains committed to ensuring that the selected bidder is capable of providing the best value to the Commonwealth.

4.11 Conflicts of Interest

Bidders must disclose any potential conflicts of interest, whether direct or indirect, arising from a Bidder’s current or previous contracts or Bidder’s marketplace offerings. EOLWD will evaluate whether potential conflicts would interfere with an awarded Bidder’s work on a case-by-case basis.

4.12 Bid Review

EOLWD reserves the right to reject any or all bids (responses), in whole or in part and for any reason deemed non-compliant or non-responsive per this RFR, its attachments or any subsequent changes.

Submitting a Bid in response to this RFR will not bar or disqualify any potential Bidder from responding to future RFRs that may be issued related to the ongoing modernization initiatives at EOLWD. Bidders are advised to check prior to submitting a response to ensure that they have the most recent RFR files and questions and answers. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR and Response Template, questions and answers, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

The SST may also use pass/fail ratings, scoring thresholds, or other criteria deemed necessary or appropriate by the SST, to eliminate proposals that do not warrant full evaluation. Note that the order of the sections in the RFR and Response Template does not signal importance or weighting.

All eligible responses received on or before the Bid Opening Date defined in this RFR will be reviewed by the SST. Proposals that are deemed ineligible or non-responsive may NOT be presented to the SST for further evaluation. EOLWD reserves the right to exclude from further consideration nonresponsive bids or bids that fail to meet the submission requirements of this RFR.

EOLWD will not release any ratings or evaluation information (other than the evaluation criteria set forth in this section) prior to Contract award.

4.13 Award

The SST will rate and rank Bidders to determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award. EOLWD may request Best and Final Offers from any or all of the Bidders. The SST will select the Response which demonstrates the best value overall to achieve the procurement goals of EOLWD. The SST will announce the apparent successful Bidder based on the final overall scores.

EOLWD may negotiate the terms of the Contract, including the award amount, with the apparent successful Bidder prior to finalizing a Contract. If contract negotiations cannot be concluded successfully with the awarded Bidder, EOLWD may negotiate a Contract with the next Bidder in the award sequence.

It is entirely within EOLWD’s discretion to award or not award a Contract under this RFR.

4.14 Contract Amendments

EOLWD reserves the right to amend this RFR or any contract resulting from this RFR. EOLWD may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. EOLWD reserves the right to negotiate and execute contract amendments with the Vendor(s) that EOLWD determines as necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.15 Additional Services

EOLWD may procure additional services from the Selected Vendor(s) to provide additional or related services under this RFR. If additional funds become available, EOLWD reserves the right to increase the maximum obligation under this RFR subject to available funding, satisfactory contract performance, and service needs. EOLWD may also determine that previously approved work products are no longer required, or that work products or deliverables must be modified. In such event, the scope of the Agreements entered into hereunder will change upon EOLWD’s and the Selected Vendor’s mutual written agreement.

4.16 Limitations

This RFR does not commit the Commonwealth or EOLWD to enter into any contract or to pay any costs incurred in the preparation of a Bidder’s response to this RFR. EOLWD reserves the right to accept or reject any and all proposals received as a result of this RFR and to contract for some, all or none of the products and services as a result of this RFR. EOLWD further reserves the right to negotiate with any or all qualified Bidders and to cancel in part or in its entirety this RFR if it is in the best interest of EOLWD or the Commonwealth of Massachusetts to do so.

EOLWD may evaluate additional information beyond the Bidder’s RFR response (such as generally available industry research and Bidder’s own public web content) to determine conformance to RFR requirements.

4.17 Insurance

Acknowledgment that the Bidder currently has, and will maintain, insurance sufficient to cover liability related to the Bidder’s performance and obligations under this RFR. At the time of award, the Selected Bidder shall provide proof of the type and minimum limits of insurance set forth including the following:

Commercial general liability insurance covering premises and operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage with a minimum of $1 million USD per occurrence and $3 million in the aggregate.

Professional liability insurance with a minimum of $1 million USD per occurrence and $1 million USD in the aggregate.

5. TERMS AND STATE POLICIES GOVERNING THIS PROCUREMENT

5.1 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract

All maintenance or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new maintenance or other agreements for services may be executed after the Contract has expired. For the purposes of this section, renewals of maintenance and other subscriptions, and other service agreements shall not be considered as “new.”

5.2 Invoicing and Payment

All payments made pursuant to this agreement shall be made in accordance with the Commonwealth of Massachusetts Bill Paying Policy. Bidder may propose a prompt pay discount, as provided in the Commonwealth Standard Contract Form. EOLWD shall make payments only after it has accepted an invoice and shall have the right to withhold payment on disputed portions of invoices until such disputes are resolved with the Selected Vendor.

Invoices may be subject to offset in the amount of any credit funds due from the Selected Vendor.

See Commonwealth’s payment policy at: https://www.mass.gov/service-details/understanding-commonwealth-payments

5.3 EOLWD Workplace Policies

Any person who will provide services pursuant to any Contract entered into under this RFR who will have access to EOLWD premises and/or systems will be subject to EOLWD’s workplace policies, including EOLWD’s confidentiality policy for non-EOLWD employees, EOLWD’s information technology resources (ITR) policy, and EOLWD’s background check process.

5.4 Subcontracting

https://www.mass.gov/service-details/understanding-commonwealth-payments https://www.mass.gov/service-details/understanding-commonwealth-payments

Subcontracting is permitted under this Contract with prior written approval from EOLWD. Bidder will be responsible for its subcontractor’s compliance with all terms of this Contract, including adherence to all applicable laws, policies, and guidelines, financial and program reporting requirements, reimbursable cost standards, warranties, and covenants.

Bidder must notify EOLWD prior to any subcontractor providing any services, directly or indirectly, to EOLWD under this Contract that materially affect the service(s) being provided to EOLWD, including claims processing; claim portals; API development and integrations; contact center services; hosting; data storage; security and data integrity; payment; and disaster recovery. EOLWD must approve all such subcontractors identified after the effective date of the Contract. EOLWD has the right upon request to see any subcontracting arrangement that materially affect the service(s) being provided to EOLWD.

Bidder is responsible for its subcontractors’ compliance with the Contract and shall be fully liable for the actions and omissions of subcontractors as if such actions or omissions were performed by Bidder.

5.5 Travel Expenses and All Other Expenses

The Bidder’s quote must be all inclusive. Any expenses not articulated in the responses will not be considered. Travel expenses shall not be covered pursuant to any resultant contract.

5.6 Supplier Diversity and Small Business Purchasing

In accordance with Commonwealth policy and Supplier Diversity Office (“SDO”) guidance, special consideration will be given to participants in the Massachusetts Small Business Purchasing Program.

5.7 Warranties

• Bidder must provide the following representations and warranties with regard to its comprehensive solution or any component parts contained therein. This is inclusive of any core COTS product and any customizations or custom configurations as may be required by EOLWD.

Additional representations and warranties may be negotiated in the Contract(s) or statement(s) of work resulting from this RFR.

• Bidder has acquired, or will acquire prior to execution of a resultant contract, any and all rights, grants, assignments, conveyances, licenses, permissions, and authorizations necessary for Bidder to provide the services necessary to build the solution.

• Bidder will maintain adequate and qualified staff and subcontractors, with due care and diligence, and to a high standard of quality as is customary in the industry to perform its obligations under this agreement, and in accordance with all applicable professional standards.

• Bidder and its employees, subcontractors, partners, and third-party providers have taken all necessary and reasonable measures to ensure that all software or deliverables provided under this agreement shall be free of Trojan horses, back doors, known security vulnerabilities, malicious code, degradation, or other breaches of privacy or security.

• Documentation to be provided by the Bidder shall be in sufficient detail so as to allow suitably skilled, trained, and educated EOLWD personnel to understand the operation of the deliverables.

Bidder agrees to promptly, at no additional cost to EOLWD, make corrections to any documentation that does not conform to this warranty.

Bidders may offer extended warranties. Pricing must be provided for the minimum period above as well as for any extended period. Any extended warranty must be reflected in the SOW.

5.8 Security and Confidentiality

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

5.9 Vendor Information Change Notification

Changes to the Selected Vendor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to EOLWD’s Contracts and Procurement Office. In some cases, additional paperwork will be required to effect the change.

The Selected Vendor must give EOLWD written notice at least forty-five (45) calendar days prior to the consummation of any transaction that may result in a change of control, performance, or services, which notice shall describe in sufficient detail the terms of such transaction and the results of such transaction on the Selected Vendor from an ownership and entity standpoint. If any transaction results in a material change, as determined at the sole discretion of EOLWD, EOLWD may terminate all or a portion of any resultant contract, and the Selected Vendor will provide a pro-rated refund of any prepaid fees. If the Selected Vendor is acquired by another company, EOLWD will, in its sole discretion, determine whether or not to offer the acquiring company a place on the Contract.

5.10 Cooperation

The Selected Vendor must acknowledge that the performance of its obligations under this Contract may be impacted by the acts or obligations of other third-party vendors. Bidders must cooperate with EOLWD and its partners in connection with EOLWD’s obligations under the Frances Perkins Workplace Equity Act.

5.11 Authorized to conduct business in the Commonwealth

Before execution of any Contract, Bidder must certify that Bidder possesses all necessary business licenses, registrations, and professional certifications required to do business in Massachusetts.

5.12 Proprietary Notices

All bids submitted in response to this RFR shall be public records. All notices included in such bids to the effect that bid content is confidential or proprietary, that the distribution of such bids is prohibited or that by opening or accepting the bid EOLWD is accepting such terms, are null and void, and any portions of the response so marked shall still be considered public record.

APPENDICES

APPENDIX A: Instructions for Submitting a Response Through COMMBUYS

Instructions for Bidders Responding to This Bid Introduction COMMBUYS refers to all solicitations, including but not limited to RFR, Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Bidder has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Bidder home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to the Bidder’s role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting the Bidder acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid.

Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit the Bidder from altering these terms in the Bidder’s response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which the Bidder are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

The following messages are received:

Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms. The Bidder’s quote has not been submitted – information message; no action required.

12. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before the Bidder’s quote can be submitted. If the Bidder acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of the Bidder’s bid.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of the Bidder’s quote information and click Save & Exit.

15. CONFIDENTIAL INFORMATION: If documents uploaded in the Bidder’s quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), the Bidder must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Place a check box under the confidential column for each confidential attached form.

16. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue.

After the Bidder have uploaded all required documents click Save & Exit. Be sure to review the Bidder’s attachments to make sure each required document has been submitted.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that the Bidder wish to submit the Bidder’s quote.

Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. The Bidder’s quote submission is confirmed only when the Bidder receives a confirmation email from COMMBUYS. If the Bidder has submitted a quote and has not received an email confirmation, the Bidder should contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If the Bidder wishes to revise or delete a quote after submission, the Bidder may do so via COMMBUYS:

(1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of the Bidder’s quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If the Bidder submits multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

mailto:COMMBUYS@state.ma.us

APPENDIX B: REQUIRED TERMS FOR ALL RFRs

Alterations

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

Ownership of Submitted Quotes

EOLWD is under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

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

Prohibitions

Bidders are prohibited from communicating directly with any employee of EOLWD, 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 using the contact information provided in the Header Information of this Bid in the event that this RFR is incomplete or information is missing.

Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

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

Terms and Requirements Pertaining to Awarded Contracts

Commonwealth Tax Exemption

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

Publicity

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

APPENDIX C: RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

In general, most of the required contractual stipulations are referenced the Commonwealth Standard Contract Form,1 and Commonwealth Terms and Conditions for Information Technology Contracts.2 However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in Operational Service Division’s (OSD) Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

i. COMMBUYS Market Center

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

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

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

• Any amendments, addenda, or modifications to this Bid, and

• Any Bid Q&A records related to this Bid.

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

1 Commonwealth Standard Contract Form:

https://www.macomptroller.org/wp-content/uploads/form_standard-contract.docx 2 Commonwealth Terms and Conditions for Information Technology Contracts:

https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.mass.gov/info-details/glossary-of-terms-for-osd https://www.macomptroller.org/wp-content/uploads/form_standard-contract.docx https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-information-technology.pdf

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a Contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity.

Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code

(UNSPSC).

The COMMBUYS system introduces new terminology, which Bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, visit the COMMBUYS Resource Center.

iii. Quote Content Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed

Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

iv. Supplier Diversity Program (SDP) Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that promotes equity of opportunity in State Government. For more information about SDP requirements, please see Section 18 of the Response Template.

v. Best Value Selection and Negotiation The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the Commonwealth.