TELMED-27-2 FINAL.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF DEVELOPMENTAL SERVICES

Address: 40 Broad Street, 4th Floor, Boston, MA 02109

Contact Name: Kelly Lawless

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Telemedicine Services

COMMBUYS BID Number: BD-27-1023-1023C-1023L-131709

DDS RFR Document Identifier: TELMED-27-2

Date: July 29, 2026

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 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 RFR 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.

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 Expenditures, Funding or Compensation For Expected Duration

2.0 Specifications (Scope of Service)

2.1 Telemedicine Platform and Information 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 for Questions 1-11

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

8.6 Virtual Gateway Business Services

9.0 Supplier Diversity Program (SDP)

1.0 Procurement Scope and Description

The Department of Developmental Services (DDS or the Department) is seeking proposals from qualified Providers to provide telemedicine services as part of a pilot program in selected state operated group homes.

The goal of the pilot is to promote the health, wellness, and safety of individuals receiving adult long-term residential services.

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.

This Department intends to award one contract as a result of this RFR. Bidders will submit a proposal through COMMBUYS that will be reviewed by a Procurement Management Team (PMT) which will consist of representatives from the DDS who will review and score proposals submitted in response to this RFR.

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 chooses to reopen the RFR at a later date.

Rolling Bidders may submit unsolicited proposals. Proposals submitted after the initial due date will be reviewed and scored on a quarterly basis unless otherwise noted in the

RFR/BID.

1.5 Acquisition Method

Check All Applicable (“X”) Category Maximum Obligation Cost Reimbursement 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 Duration up to: one (1) year and nine (9) months, with the option to renew for two (2) one-year options

Final End Date of this Contract, with potential renewals: 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 Expenditures, Funding or Compensation For Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options): $300,000 per year, approximately $1,200,000 with renewals

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)

This pilot program will seek to provide right-on-time health assessments when the individual’s primary care medical clinician is unavailable or unable to determine the best clinical course of action, often avoiding emergency department visits. The pilot will include approximately 100 to 150 state-operated group homes across the Commonwealth of Massachusetts, supporting an estimated total of 500 to 700 individuals.

The service provides telemedicine for urgent medical matters. The Provider must be able to supply disability-specific guidance on when best to seek additional or in-person medical treatment for an individual. This is a supportive service that can occur while the individual is in their residential home to help assess their need for medical attention. Telemedicine services are required to be delivered in a setting that respects the privacy of the individual receiving services in which only a staff member is required to provide supportive assistance has access to the space. Support needs are evaluated and provided based on the individual’s requests, preferences, and needs. The service also includes support and consultation to staff otherwise unavailable in any other service and seeks to build the capacity of staff to better understand the best approaches for supporting the individual based on their symptom presentation.

The Provider must be able to provide urgent clinical care diversion telemedicine services for DDS in state-operated homes. The service must be available 24 hours a day, seven (7) days a week, to receive telemedicine services related telephone calls and/or video conferences. The telehealth platform and service model must effectively support timely access to clinical consultation and coordination of care and Providers may utilize different technology models to meet these objectives. Provider must maintain reasonable backup communications options, including telephone-based communication, to address circumstances where video connectivity is unavailable, disrupted, clinically inappropriate, or otherwise inaccessible to the individual or provider involved in the encounter.

The Provider must coordinate an individual’s care with local emergency departments, urgent care facilities, primary care physicians, and other healthcare providers, as needed, to enable real time medical support. This may include direct communication, follow-up regarding treatment recommendations, medication changes, discharge planning, escalation of concerns, and ensuring continuity of care across settings. In addition, the Provider must offer consultation and coordination on physical health issues to assist individuals, families, and/or residential support staff to understand presenting health symptoms and to identify the most appropriate next steps. If a hospital visit is clinically necessary, the medical clinician must make a reasonable effort to communicate directly with the receiving emergency department in advance of an individual’s arrival whenever practicable and clinically appropriate, particularly in situations where a warm handoff would support continuity of care, communication of critical clinical information, behavioral or communication needs, or other factors relevant to the individual’s health and safety.

The Provider must assign each telephone call or video conference requiring medical clinician care within fifteen

(15) minutes of receiving the telephone call or video conference. Medical clinical care shall be defined as care provided to an individual with the same intent as an in-person patient care setting. The pilot program will require a review by both an institutional review board and the research review committee. Changes may be required after review from these outside agencies to maintain research integrity and human subjects protections. Any changes to protocol must be approved by both bodies.

The Provider’s assigned medical clinician’s responsibility, per telephone call or video conference, must include the following:

a. An evaluation

b. A video-assisted examination, if necessary

c. A treatment plan

d. A discussion with the individual, families, and/or residential support staff

e. Confirm that the appointment is being conducted in a setting that respects the privacy of the individual

The assigned medical clinician must log all telephone calls or video calls and provide a comprehensive summary of their role in service delivery to be shared with other health care professionals involved in the individual’s care. This summary shall be made accessible through the secure individual (patient) information portal.

The Provider must have a minimum of four (4) years of experience in serving ID/DD individuals. The Provider shall provide medical clinicians who must meet the following requirements:

a. Be actively licensed in the Commonwealth of Massachusetts, or have appropriate reciprocity

b. Be board certified or board eligible (MD/DO) by the American Board of Medical Specialties (ABMS)

c. Have completed specialized training/curriculum to care for individuals with ID/DD

d. Be properly credentialed and in good standing

e. Be able to write orders in compliance with Medication Administration Program (MAP), when applicable

Medical Clinicians, as outlined in this specification, are not limited exclusively to physicians. Physician assistants, and nurse practitioners, may provide clinical supports and services consistent with their licensure, scope of practice, and applicable law and regulations. Registered nurses should not be utilized for medical visits as this is not standard of care, however, they may be utilized for triage purposes, as allowed by their licensure and/or scope of practice/applicable law and regulations.

Providers are expected to ensure that all clinical services are delivered by qualified professionals operating within the scope of their professional license and, where required, under the appropriate physician oversight or supervision.

2.1 Telemedicine Platform and Information Requirements

The Provider must be able to accept HIPAA files from the Department in a HIPAA compliant manner. The Provider shall provide a HIPAA compliant telemedicine platform that can function on most windows, iOS, and Android devices, either via an App or URL, in order to provide a video examination for the individual. The platform must be capable of providing HIPAA compliant communication to individual, families, and/or residential support staff, via secure email or secure fax.

The Provider must provide telemedicine platform training to DDS users on the use of the platform, virtually or in person, as directed by DDS. The Provider shall also make the trainings available through pre-recorded instructional videos, links and/or downloadable written instructions. The Department may provide guidance to residential staff on when to access telemedicine and when to immediately access in-person treatment. The Provider will demonstrate understanding of these triage criteria and support it in any training.

3.0 Performance Requirements and Contract Monitoring

Providers are required to relay updates to DDS as requested, participate in periodic utilization reviews, and submit reports as requested. Reports may also include sharing of information on individuals, even if no services are rendered. Providers will be expected to deliver to DDS data related to outcomes, metrics, progress measures, staff salaries and FTEs, and other information upon request related to the performance and financing of services provided under the contract.

The Provider must have a comprehensive quality review program of the telemedicine services provided to individuals and DDS, and the Provider must provide a Quality Review Report of the telemedicine services, via secure e-mail, of the data analysis findings at the end of each month, as well as once annually, to DDS. The report shall include analysis of different trends including but not limited to the following:

1. Types of diagnosis;

2. Clinical care service outcome of individuals (patients);

3. Treatment (at an individual’s primary residence versus transferred to emergency room); and

4. Any other relevant treatment trend

It must also include but not to be limited to:

a. Clinical care service outcomes of individuals (patients);

b. Individual, family and/or caregivers of individuals, and provider satisfaction of services provided; and

c. Complaints / Concerns (reason for telephone call or video conference) and resolution.

4.0 Contract Invoicing

All invoicing for services provided under this contract shall be conducted through the Enterprise Invoice Management (EIM) system. The awarded Provider is required to establish and maintain user accounts within EIM and maintain up-to-date organizational information and appropriately offboard accounts for staff that are no longer employed by the awarded Provider or otherwise do not need to maintain access to EIM.

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

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

5.0 Questions and Evaluation Criteria

Providers seeking to deliver services under this procurement 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.

5.1 Questions

1. Experience (maximum 3 pages) (12 points)

A. Describe your organization’s experience serving individuals with intellectual and/or developmental disabilities.

B. What specialized training do your physicians receive related to:

a. Communication strategies

b. Behavioral presentation

c. Co-occurring conditions

d. Physical conditions and mobility needs

C. Provide examples of complex cases where your team successfully supported individuals with ID/DD.

D. Describe any scope of practice you cannot provide.

2. Clinical Model (maximum 5 pages) (20 points) A. Describe your clinical model for providing urgent telemedicine to individuals with ID/DD.

B. How would you determine whether a situation can be managed remotely versus requiring in-person or emergency care? When do you seek immediate in-person care?

C. Provide examples of how your model has successfully reduced emergency department utilization.

D. How do you ensure your clinical approach is adapted to individuals with communications challenges, such as spoken language or ASL interpreters, communicative devices, or behavioral complexities?

E. Describe how you manage high-risk or unclear clinical situations F. What is your escalation protocol?

G. How do you support staff?

3. Staff (maximum 3 pages) (16 points)

A. Describe your staffing model, including:

o Number of physicians o Coverage structure o If using NP or PA, what is the supervision structure o Other, including RN, etc.

B. How do you ensure all physicians meet required qualifications:

o MA licensure o Board certification o ID/DD training o DEA, if applicable

C. What is your process for credentialing and ongoing competency review?

4. Telemedicine Coverage (maximum 3 pages) (16 points) A. Describe your process for ensuring a clinician is assigned within 15 minutes of the request?

B. What systems are in place to manage high call volume or simultaneous requests?

C. How do you ensure 24/7 coverage including nights, weekends, and holidays?

D. What is your average response time and connection time from prior contracts?

5. Medical Care Coordination (maximum 3 pages) (16 points)

A. How do you ensure continuity of care following a telemedicine interaction?

B. Describe how you coordinate with:

o Primary care physician o Emergency departments o Urgent care providers

C. Provide an example of how your team prevented an unnecessary hospital visit through coordination.

6. Telemedicine Appointment Follow-up (maximum 3 pages) (16 points)

A. How do you support residential staff in:

o Understanding symptoms o Making informed decisions o Managing similar situations in the future

B. What education or coaching is provided during or after encounters?

C. How do you encourage or reinforce carry-over of recommendations with staff and/or the individual?

7. Telemedicine Platform (maximum 4 pages) (8 points) A. Describe your telemedicine platform and how it ensures:

o HIPAA compliance o Ease of use for staff with varying technical skills

B. What are the minimum technology requirements for DDS homes?

C. Do you have a mechanism to test technology compatibility/WIFI capacity before implementation?

D. How do you handle connectivity issues and device limitations?

E. Can your platform integrate with or export data to external systems?

8. Documentation and Reporting (maximum 3 pages) (8 points)

A. Provide a sample of your clinical documentation/report following a telemedicine encounter.

B. Provide a sample of medication written order.

C. How quickly are summaries available to DDS, PCP, and other providers.

D. How do you ensure documentation is clear, actionable, and clinically appropriate?

E. Describe your ability to provide monthly and annual reports including:

o Diagnosis trends o Outcomes (treated in home vs. hospital transfer) o Satisfaction (describe how measured) o Complaints and resolutions

F. How do you ensure data accuracy and integrity?

G. Can you customize reports to meet DDS needs?

9. Quality Assurance (maximum 3 pages) (8 points)

A. Describe your quality review program for telemedicine services.

B. What metrics do you track related to:

o Diversion from ED visits o Clinical outcomes o Response times o Satisfaction o Other metrics not listed

C. How do you continuously improve services?

D. Provide examples of quality improvements implemented based on data.

10. Implementation (maximum 3 pages) (8 points)

A. Provide a proposed implementation timeline for this pilot.

B. Describe your approach to:

o Initial training o Ongoing support

C. How will you ensure consistent adoption across selected homes?

11. Budget/Price Proposal (maximum 1 page) (8 points) Bidders are required to submit a pricing proposal or budget model to meet the specifications as outlined in this RFR. There is no standard template that must be used and Bidders are encouraged to submit a budget/proposal that is most advantageous for the Department. Pricing shall be inclusive of all labor, materials, equipment, travel, administrative costs, overhead, and any other associated expenses necessary for the full performance of the pilot program as outlined in this RFR.

5.2 Evaluation Criteria for Questions 1-11

The committee shall score responses using a consensus scoring approach based on the information presented in the written response. The PMT shall review and evaluate the written response based on the following criteria: understanding of the nature and scope of the services requested, comprehensiveness and clarity of response, operational strength and efficiency, appropriateness and feasibility of proposed services, effectiveness of proposed approach, innovation, and responsiveness to the goals of procurement.

• Excellent (100% of points) - Response addresses all components of the question completely and clearly and exceeds the standards set forth in the Service Description. Proposed services/approaches are exceptional, and innovative, and demonstrate expertise and a deep understanding of the services required as a result of this RFR. Bidder demonstrates exceptional prior experience in providing this or similar service.

• Very Good (75% of points) - Response addresses all components of the question completely and clearly. Some components of the proposed services/approaches exceed the standards set forth in the RFR while others meet the minimum standards. The response demonstrates Bidder’s experience in providing this or similar service.

• Meets Standard (50% of points) - Response addresses all components of the question completely.

Proposed services/approaches meet the minimum standards set forth in the RFR. Bidder demonstrates experience in providing this or similar service.

• Below Standard (25% of points) - Response does not address all components of the question completely and clearly. Proposed services/approaches do not meet the minimum standards set forth in the RFR or do so only in part. Bidder has limited experience or poor prior performance in providing this or similar service.

• Unacceptable (0 points) - Response is materially incomplete or left blank. The response does not address the question clearly. The response demonstrates a lack of understanding of service expectations. The proposed services are not feasible or appropriate.

Supplier Diversity Plan Form: 25% of available points 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 must 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 Less than 1% spend 22 points

1.0 to 1.9% spend 32 points

2.0 or more % spend 42 points

6.0 Estimated Procurement Calendar

Event Date RFR Release Date July 29, 2026 Bidder Conference Via Zoom* There will be no Bidders’

Conference.

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.

August 11, 2026, by 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.

September 9, 2026, by 5 pm

EST

Anticipated Contract Start Date October 1, 2026

7.0 Submission Requirements

Check if applicable (“X”)

Form/Document Notes/Instructions

Organizational Chart for Contracting Entity

Include with Electronic Submission

Cover Page & Response Document Include with Electronic Submission

Budget/Price Proposal Include with Electronic Submission

Prompt Pay Discount Include with Electronic Submission

Supplier Diversity Form Include with Electronic

Submission, must be submitted as an Excel file

Business Associates Agreement For information purposes only; a version of this will be required at time of award

Check if applicable (“X”)

Form/Document Notes/Instructions

Standard Contract Form and Instructions For information purposes only; do not fill out

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 bid submission 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 uploaded to COMMBUYS include the company name of the Bidder and the RFR document identifier found on page 1.

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

8.2 Criminal Offender Record Checks (“CORI”)

Employees of awarded Bidders are also 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 Providers are subject to regulations requiring Providers 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

Employees of awarded bidders are 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 provider 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 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.GL. 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.

8.6 Virtual Gateway Business Services

The Executive Office of Health and Human Services (EOHHS) operates a number of online business services through the Virtual Gateway. These include but are not limited to, Provider Data Management (PDM), Common Intake (IE&R), Enterprise Invoice / Service Management (EIM/ESM), and Home and Community Service Information System (HCSIS). These services permit users to access a variety of EOHHS programs and services. Requirements for end user accessibility to the Virtual Gateway can be found at https://www.mass.gov/virtual-gateway-provider-users

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.

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.

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.