SPET-26 RFR Spec FINAL.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF DEVELOPMENTAL SERVICES

Address: 1000 Washington Street Suite 410 Boston, MA 02118

Contact Name: Colleen Mulligan

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Specialized Training Services

COMMBUYS BID Number:

BD-26-1023-1023C-1023L-118081

DDS RFR Document Identifier: SPET-26

Date: June 18, 2025

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider cause email communications sent to/from the prospective Bidder/awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. The Department of Developmental Services is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Public Records: All information, documents, and attachments submitted as a response to this RFQ are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

http://www.commbuys.com/

Contents

1.0 Procurement Scope and Description

1.1 Procurement and Contract Structure

1.2 Applicable Procurement Law

1.3 Whether Single or Multiple Contractors Are Required For Contract(s)

1.4 Calendar Rule Type

1.5 Acquisition Method

1.6 Use of a Procurement by a Single or Multiple Departments

1.7 Expected Duration of Contract

1.8 Anticipated Compensation and Funding For Expected Duration

2.0 Specifications (Scope of Service)

Section 2.1 Training Design and Development Section 2.2 Project Management & Timeline Section 2.3 Instructor Requirements

3.0 Performance Requirements and Contract Monitoring

4.0 Contract Invoicing

5.0 Questions and Evaluation Criteria

5.1 Questions

5.2 Evaluation Criteria

6.0 Estimated Procurement Calendar

7.0 Submission Requirements

7.1 Other Forms

7.2 Instructions for Submission of Forms and Questions

7.3 Public Records

7.4 COMMBUYS Support

8.0 Other Requirements Pertaining to this RFR

8.1 Debarment

8.2 Criminal Offender Record Checks (“CORI”)

8.3 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers

8.4 National Criminal Background Check

8.5 Privacy and Security

9.0 Supplier Diversity Program (SDP)

1.0 Procurement Scope and Description

The Department of Developmental Services (DDS or the Department) seeks organizations and individuals to provide specialized training services responsive to services provided by the Department. The Department provides services for individuals with Adult (ID/DD), Autism Spectrum Disorder (ASD), behavioral challenges/support needs, as well as those with vision loss, mobility needs, and communication challenges

Contracts and engagements signed as a result of this solicitation are not intended to supersede any services available under Statewide Contract PRF76 or any PRF76 successor contracts that includes training services, or any successor contract established by the Commonwealth’s Operational Services Division. Current PRF76 (or PRF76 Successor Contract) statewide vendors are not eligible for this RFR.

The training services provided under this RFR fall into these categories:

1. Trainers that are instructing with previously prepared specialized content or coursework.

2. The development of specialized training content followed by the delivery of the content. Any training developed for DDS is the property of the department.

Service engagements provided under this RFR are limited to $75,000 or less per project across the full timeframe of the engagement. Bidders who qualify under this RFR and are added to the contract are not guaranteed any work from the department.

Delivery of training services may be provided as instructor-led, e-learning or blended learning or any method in the future that a successful Bidder and the department agree to. The learning content may be supplied by the department to the successful Bidder for delivery to the learners. Training services must ensure that all materials/handouts, spaces, and presentations are accessible to attendees with disabilities as required by Title II of the Americans with Disabilities Act.

1.1 Procurement and Contract Structure

This Request for Response (RFR) incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form including related Instructions/Certifications, the Commonwealth Terms and Conditions, the Operational Services Division’s Required Specifications, Attachment C, and any updates to these documents during the life of this procurement.

1.2 Applicable Procurement Law

Check Appropriate Box (“X”)

Type of Purchase Executive Branch

Applicable Laws

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, §

52; 801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17;

815 CMR 2.00

1.3 Whether Single or Multiple Contractors Are Required For Contract(s)

Check One (“X”) Single Contractor Multiple Contractors

1.4 Calendar Rule Type

Check One (“X”) Type

Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date)

Open May be reopened at a time and for a duration as deemed necessary by the Department.

No responses will be received after the bid open date unless the Department choses to reopen the RFR at a later date.

Rolling Bidders may submit unsolicited proposals up to December 31, 2029. Proposals submitted after the initial due date will be reviewed and scored on a quarterly basis unless the Department determines that an earlier review period is necessary

Applications will be accepted on a rolling basis until December 31, 2029. Proposals received after the BID Opening Date noted above will be reviewed on a quarterly basis unless the Department determines that an earlier review period is necessary.

1.5 Acquisition Method

Check All Applicable (“X”) Category Maximum Obligation Cost Reimbursement Other: Fee-for-Service

1.6 Use of a Procurement by a Single or Multiple Departments

Check One (“X”) Eligible Entities

Limited User Contract – Restricted to Use by Issuing Entity Only.

Limited User Contract – Restricted to Use by Defined Entities Only.

Any Contract(s) resulting from this Bid will be open for use under separate contract execution by the issuing Purchasing Department and the following other entities:

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.7 Expected Duration of Contract

Anticipated Initial Duration up to: 5 years

Final End Date of this Contract: June 30, 2030

At any time during the duration of the contract, the Department may conduct reviews of services and may consider taking corrective action, up to and including cessation or termination of all or part of the services covered under the contract.

1.8 Anticipated Compensation and Funding For Expected Duration

Check One (“X”) Contract will have a Maximum Obligation

Rate Contract: Contract will NOT have a Maximum Obligation Amount.

Will Federal Funds be used to fund any part of Contract(s)?

No Yes To What extent?

Funds Balance Forward Requirement for Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications (Scope of Service)

DDS seeks qualified Bidders for the provision of various human and social service training programs. These trainings may include, but are not limited to, Positive Behavior Support, risk management, person-centered planning, clinical best practices, abuse prevention or other topics specific to DDS. The types of training that DDS is interested in purchasing through this procurement are subject to change during the life of this BID. Any updates will be posted on COMMBUYS.

Bidders may be subject matter experts and/or have expertise in the development of curriculum working with subject matter experts. Bidders should have the capacity to deliver high-quality, evidence-based training and offer a quality assurance program that evaluates both the effectiveness of the training and the overall service quality. All trainings developed should align with adult learning principles, instructional design best practices and compliance requirements.

This procurement will result in a Master Agreement (MA) list Bidders who have been deemed qualified to provide services outlined in this RFR. Qualified Bidders will sign a MA Standard Contract form that will be issued by the Department’s Central Office. The MA contract does not guarantee a Bidder a specific level of funding.

The Department may solicit a Request for Quote (RFQ) from one or multiple qualified Bidders on the MA list.

The RFQ will provide specific details related to the project, including any specialized requirements, such as but not limited to, digital training formats, development of job aids, accessibility requirements, technical support, etc. An RFQ template can be found in this bid’s COMMBUYS file. The Department will select a Bidder that provides the best value. In determining best value, the following will be considered: DDS training needs; the particular training to be provided; successful Bidder’s ongoing service performance; available capacity; location of training, ease of access; ability of contractor to timely meet the needs of DDS; costs; professionalism, resume, experience, and professional references.

Once a Bidder is selected for a project, a qualified Bidder must enter into an Engagement with DDS to be paid for services. An Engagement can be executed with the DDS Central Office, Regional, and/or Area Office. The requirements of the Engagement are set forth in Section 3.0.

Qualified Bidders will be reimbursed at an agreed-upon rate. The Department may also negotiate product-based engagements. It is expected that, where appropriate, awarded Bidders will have and will maintain all applicable licenses and certificates throughout the duration of this RFR. Agreed-upon rates will be all-inclusive (e.g., no separate reimbursement for travel time, mileage, etc.).

Section 2.1 Training Design and Development Bidder must comply with the following requirements:

• Develop interactive learning experiences that incorporate adult learning principles and instructional design best practices.

• Collaborate with DDS Subject Matter Experts (SME) to ensure accuracy, relevance and applicability of training content.

• Facilitate curriculum development meetings, incorporate SME feedback and refine materials based on DDS priorities and regulatory standards.

• Ensure all training materials align with industry best practices, federal and state regulations, and DDS policies.

• Ability to customize training content based on department needs, including policy updates, legislative changes, and new initiatives

Section 2.2 Project Management & Timeline Once selected for a project, Bidders must provide a clear project plan, including key milestones and deliverables. This project plan should include the timeline for content development, review, and deployment.

As needed, the Department may engage with Bidder to provide updates or revisions to training materials.

Section 2.3 Instructor Requirements Each individual trainer working for an organization or as an individual responding to this RFR must have relevant license(s) and credentials and should also have a minimum of two (2) years of experience. Instructors should have the ability to conduct training or coaching for audiences that include a range of cultural and experiential backgrounds.

Instructors must meet the following qualifications:

• Communicate effectively with diverse learners, including individuals with disabilities and those with limited English proficiency.

• Adhere to all applicable ethical and professional training standards.

• Deliver training using Department approved curricula ensuring alignment with the Department’s Mission

Statement, Guiding Principles, and policies.

• Maintain confidentially and safeguard sensitive materials in compliance with applicable law and professional standards.

• Ensure that all trainers hold relevant certifications, licenses, and credentials appropriate to the subject matter being taught.

• Provide resumes, certifications, and other documentation for instructors upon request.

• Demonstrate the ability to assess and provide feedback on participant engagement, knowledge retention, and training effectiveness.

• Travel as required within the Commonwealth to deliver training sessions.

• Ability to conduct training virtually or in-person as required.

3.0 Performance Requirements and Contract Monitoring

An Engagement Document must be negotiated and signed off by both DDS and a qualified Bidder before any work can begin. The duration of Engagement shall not exceed a single fiscal year (July 1st- June 30th) but may be negotiated for shorter period of time. If an agreement between DDS and a qualified Bidder crosses multiple fiscal years, the Department and the successful Bidder must negotiate and sign a new Engagement prior to the start of each fiscal year. A successful Bidder may only bill for services to the extent authorized in a signed Engagement Document. The Engagement Document template can be found in this bid’s COMMBUYS file.

4.0 Contract Invoicing

A Bidder may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements, such as an Engagement, thereto has been signed by authorized representatives of DDS and the Bidder.

Awarded Bidders will submit invoices to the Department as directed in the Engagement document.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation.

5.0 Questions and Evaluation Criteria

Bidders seeking to deliver services under this RFR should directly and clearly address each of the response areas listed below with particular attention to page limitations. Attachments or appendices not requested and any program descriptions beyond the page limit will not be reviewed.

Responses to this RFR should include:

• Applicable licenses/certificates

• A description of trainings that Bidder can provide

• Two business reference contacts: Reference should be individuals/companies/agencies to which the

Bidder has provided services similar to those they are proposing to provide in their response to this RFR. If the Bidder has worked for an agency of the Commonwealth of Massachusetts in the last five (5) years, they must include the agency on the list, together with a name and telephone number for a person at that agency who may be most familiar with the Bidder’s work.

• Resume or CV; if a corporation, the resume/CV of project leads for the organization should be provided

• Complete Rate Schedule

5.1 Questions

Part 1 Questions: to be completed by all Bidders Question 1A – Experience (maximum 2 pages) Describe your organization's approach to instructional design, adult learning theory, and curriculum development. Provide specific examples of how you have applied these principles in past projects. Additionally, explain your experience in blend designing blended learning solutions that integrate instructor-led training and digital content. How have you collaborated with subject matter experts to ensure training materials are accurate, engaging, and effective?

Question 1B – Standards and Compliance (maximum 2 pages) How have you ensured that training materials and products remain compliant with industry’s best practices, federal and state regulations, and customer policies? Please provide specific examples of how you have applied, maintained and/or updated content to align with evolving standards to support diverse learning needs.

https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp

Part 2 Questions: to be completed by Bidders who can provide e-Learning Question 2A – Learning Management System Expertise (maximum 3 pages) Please describe your experience working with learning management systems, particularly in relation to integrating and managing curriculum. If your organization develops online learning options, please describe the tools and software you use to create eLearning content (e.g., Articulate 360, Adobe Captivate, Camtasia, etc.) How do you ensure compatibility between your developed content and different LMS platforms? Can you provide examples of courses you have successfully integrated into an LMS and any challenges you encountered in the process.

Supplier Diversity Plan Form (for corporations only) All Bidders are required to make a meaningful financial commitment (“SDP Commitment”) by partnering with one or more Supplier Diversity Program (SDO) certified or recognized diverse business enterprise or non-profit organization. More information can be found below in Section 9.0.

To remain in compliance with Supplier Diversity requirements, the awarded Bidder will be expected to report Supplier Diversity spending on at least an annual basis as directed by the Department. Spending data must at least meet the % stated in a Bidder’s proposal.

All required sections of the form should be completed for any points to be awarded.

Total Current Proposed Spending % Points Awarded No Certified Partners are listed, and no SDP spend 0 points Certified Partners are listed, % spend proposed 1 point

5.2 Evaluation Criteria

The Procurement Management Team (PMT) members will rate the questions based on the materials submitted.

No proposal can be accepted as “qualified” without meeting the standards for every required response item. That is, in order to be qualified, a Bidder must receive a score of 1 point for each required question. In addition, the Bidder’s Supplier Diversity Plan must receive a score of 1 for the entire proposal to be deemed acceptable. In cases in which a Bidder’s response or SDP plan scores 0 points, the Bidder will be notified that the submitted response is unacceptable and will be given an opportunity to submit an additional or revised response to correct the original submission.

Rating Scale 0 points: Fails to Meet Standard or Insufficient Information: There is no description, or the description is materially incomplete, not relevant to the services provided, or the description fails to meet the standards established in the RFR.

1 point: Meets Standard: The information provided addresses all elements of the question posed fully and completely. The responses reflect an understanding of the expectations for this service model, the needs of the individuals who may be supported through this procurement, and the capacity to arrange and deliver the services to be provided.

6.0 Estimated Procurement Calendar

Event Date RFR Release Date June 18, 2025 Deadline for Questions All Questions must be submitted to DDSPOSProcurement@mass.gov email or through COMMBUYS by the date and time indicated. All Questions with answers will be posted on COMMBUYS. The Department is not bound by any oral comments or representations made by the Contact Person(s) and/or any other Department employee. Telephone calls will NOT be accepted regarding this RFR.

Bidders are prohibited from communicating directly with any employee of the Department except as specified in this RFR.

July 8, 2025 5 pm EST

BID Opening Date/Deadline for Electronic Submissions All responses must be submitted electronically using the online submission tools available to Vendors registered in

COMMBUYS.

August 5, 2025 5 pm EST

Anticipated Contract Start Date September 1, 2025

7.0 Submission Requirements

Check if applicable (“X”)

Form/Document Notes/Instructions

Cover Page and Response Document Include with Electronic Submission

Listing of trainings that Bidder can provide Include with Electronic Submission

Completed Rate Schedule Include with Electronic Submission

Two business reference contacts Include with Electronic Submission

Resume or CV Include with Electronic Submission

Prompt Pay Discount (for corporations only)

Include with Electronic Submission

Supplier Diversity Form (for corporations only)

Include with Electronic Submission

Standard Contract Form and Instructions For information purposes only; do not fill out mailto:DDSPOSProcurement@mass.gov

Check if applicable (“X”)

Form/Document Notes/Instructions

Contractor Authorized Signatory Listing For information purposes only; do not fill out

7.1 Other Forms

If the following signed documents are not on file with the Office of the State Comptroller, or there are changes to forms current on file, the Bidder must submit electronic versions of these forms to the email address noted on the cover page of this BID.

• Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

• EFT Form

The above noted forms may change or be revised during the life of this procurement. Updated forms will be posted on COMMBUYS.

7.2 Instructions for Submission of Forms and Questions

All responses to be submitted electronically using the online submission tools available to Bidders registered in

COMMBUYS.

The Department is processing the standard contract form electronically when possible. Bidders should not submit signed copies of the standard contract form or the contractor authorized signatory listing posted on COMMBUYS with their proposal. These forms are posted for informational purposes only.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that they are an agent of the Bidder with authority to sign on the Bidder’s behalf, and that they have read and assented to each document’s terms.

To be considered, complete package must be submitted electronically using the online submission tools available to Bidders registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click to the Commonwealth must on the “Register” link on the front page.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in a .zip format when saved. Other zip file formats will not be accepted.

DDS requires that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder and the RFR document identifier found on page 1.

http://www.commbuys.com/

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DDS and the Commonwealth accept 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.

Alterations Bidders may not alter (manually or electronically) the Bid language, or any Bid component files, 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 Bid.

Ownership of Submitted Quotes The PMT shall be under no obligation to return 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 remains active. Bidders also may 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.

7.3 Public Records

All information, documents, and attachments submitted as a response to this RFR are public documents subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

7.4 COMMBUYS Support

The following resources are provided to assist Bidders in submitting Quotes:

• A link to a job aid on Creating a Quote on COMMBUYS

• A link to a job aid on Finding Open and Rolling BIDS While Logged into COMMBUYS

Website: Go to www.mass.gov/osd/commbuys to access Job Aids

Email: Send inquiries to the COMMBUYS Helpdesk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays. Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day. Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

8.0 Other Requirements Pertaining to this RFR

8.1 Debarment

The Bidder certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulation including Executive Order 147; M.G.L. c. 29, § 29F;

M.G.L. c. 30, § 39R; M.G.L. c. 149 §§ 27C, 44C and 148B; and M.G.L. c. 152, § 25C. The awarded Bidder shall comply with all applicable state laws and regulations stated in the Standard Contract Form Instructions and Contractor Certifications https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/doc/finding-open-and-rolling-enrollment-bids-when-logged-into-commbuys/download http://www.mass.gov/osd/commbuys

8.2 Criminal Offender Record Checks (“CORI”)

If DDS requests a Bidder to provide training to individuals eligible for and receives services from DDS, employees of awarded Bidders will be subject to regulations requiring Criminal Offender Record Information (“CORI”) checks in accordance with Executive Office of Health and Human Services (“EOHHS”) regulations at 101 CMR 15.00. A Massachusetts CORI check is required for any person employed by EOHHS or an EOHHS-agency or their vendor programs whose position entails the potential for unsupervised contact with individuals receiving services from the Department of Developmental Services. Additional guidance, forms, and information for organizations subject to the CORI regulations at 101 CMR 15.00, including guidance on how to properly process EOHHS mandated CORI checks, is available at:. A copy of the EOHHS CORI regulations at 101 CMR 15.00 may be accessed at: https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download.

8.3 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers If DDS requests a Bidder to provide training to individuals eligible for and receives services from DDS, Bidders will be subject to regulations requiring Bidders to perform a search of the DPPC registry of abusive care providers (“Registry”) prior to hiring prospective employees/care providers and must comply with all requirements in accordance with 118 CMR 15.00. The registry law prohibits employers from hiring or retaining anyone whose name appears on the registry. M.G.L. c.19C, §15. DPPC regulations governing DDS and employer registry-related hiring and retention procedures may be accessed at: https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download Additional guidance, forms, and information for employers subject 118 CMR 15.00 is available at:

https://www.mass.gov/orgs/disabled-persons-protection-commission . The registry of abusive care providers statute may be accessed at: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15

8.4 National Criminal Background Check

If DDS requests a Bidder to provide training to individuals eligible for and receives services from DDS, employees of awarded Bidders will be subject to national criminal fingerprint-based background checks in accordance with M.G.L. c. 123B, c.19B, §§ 19-20 and 115 CMR 12.00: National Criminal Background Checks.

Fingerprint-based checks are to be conducted on applicants seeking licensure from the Department for residential or day services, or for other employees of Bidder agencies licensed, funded, or approved by the Department who have the potential for unsupervised contact with persons with intellectual or developmental disability. Any associated costs are the responsibility of the awarded Contractor(s). Additional information is available by contacting the DDS National Criminal Background Check Unit at DDS.NationalBackgroundUnit@Mass.gov.

8.5 Privacy and Security

In performance of its duties under the Contract, awarded Bidders shall comply with all obligations set forth in Attachment C, and awarded Bidders must comply with M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 123B, §17, 801 CMR 3.00, 201 CMR 17, 115 CMR 4.05,4.06, and 9.19, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, (45 CFR Part 160 and Part 164, Subparts A and E), 42 CFR 431, Subpart F, 42 CFR Part 2, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected Information (“PI”), which shall be defined as any “personal data” as defined in M.G.L. c. 66A, any “personal information” as defined in M.G.L. c. 93H, and any other individually identifiable information that is treated as confidential under State or Federal Law (including, but not limited to, any state and federal tax return information) that the awarded Bidder uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the awarded bidder pursuant to the Contract, shall only be used for the purposes stated in the Contract. As of the Contract effective date, the awarded Bidder shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PI and that prevent use or disclosure of such PI other than as provided for the Contract.

https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download https://www.mass.gov/orgs/disabled-persons-protection-commission https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15 mailto:DDS.NationalBackgroundUnit@Mass.gov

If the awarded Bidder becomes aware of any breach or potential breach of this Subsection 8.6, the awarded Bidder must notify DDS. To the extent possible, the notice shall include (1) a description of what happened, including the date of the incident and the date of discovery; (2) the nature and extent of the PI involved; (3) the unauthorized person who used the information or to whom the disclosure was made; and (4) what the awarded Bidder is doing to investigate the breach, to mitigate harm, and to protect against any further breaches. The awarded Bidder shall provide the state agencies with any other available information that may be required or requested. The awarded Bidder shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

9.0 Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Bidders and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Veteran Non-Profit Organization (V/NPO)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LGBTBE)

Eligible Types of Business-to-Business Relationships. Bidders may engage SDP Partners as follows:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the awarded Bidder’s contract with the Commonwealth but may be related to the awarded Bidder’s own operational needs.

https://www.mass.gov/doc/supplier-diversity-program-sdp-rfr-template-language/download https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR.

Program Flexibility. The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract, provided the awarded Bidder continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veterans Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the

SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA), but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the awarded Bidder’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the awarded Bidder must find alternative SDP Partners to meet the SDP Commitment.

• Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Councilhttps://nmsdc.org/mbes/mbe-certification/, or the Women Business Enterprise National Council, but are not listed in the above-mentioned directories.

Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the awarded Bidder’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the awarded Bidder must find alternative SDP Partners to meet the SDP Commitment.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://www.boston.gov/departments/supplier-diversity#get-your-business-certified https://gnemsdc.org/certification/ https://gnemsdc.org/certification/ https://www.cweonline.org/ https://www.cweonline.org/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.navoba.org/certification https://www.navoba.org/certification https://nmsdc.org/mbes/mbe-certification/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/

It is the responsibility of the awarded Bidder to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Awarded Bidders may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide a description of supplier diversity businesses practices. Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

It is also desirable for Bidders to use the SDP Plan Form to describe additional initiatives related to engaging, buying from and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance. After contract award, awarded Bidders must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Supplier Diversity Hub (Hub), awarded Bidders must create a profile in the Hub. Awarded Bidders must follow report submission instructions from the issuing department and the SDO.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in SBA Veterans Small Business Certification (VetCert) directory shall be counted toward an awarded Bidder’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting an awarded Bidder’s SDP Commitment.

It is the responsibility of the awarded Bidder to ensure they meet their SDP Commitment, and the SDO, and the issuing department, assume no responsibility for any awarded Bidder’s failure to meet its SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the awarded Bidder.

Program Resources and Assistance. Bidders seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

https://www.mass.gov/forms/take-the-certification-self-assessment https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ http://www.mass.gov/sdp mailto:sdp@mass.gov

9.0 Supplier Diversity Program (SDP)