Translation and Readability RFR.docx

COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY

100 City Hall Plaza, 6th Floor, Boston, MA 02108

Request for Responses

TO PROVIDE

READABILITY AND TRANSLATION SERVICES

Issued: April 2, 2026

TABLE OF CONTENTS

Attachments and Exhibits…………………………………………………………………………………………………………………….. 36

INTRODUCTION

Overview The Commonwealth Health Insurance Connector Authority (“Health Connector”) is issuing this Request for Responses pursuant to the Health Connector’s 2026 Procurement Policy.

The Health Connector is a body politic and corporate and a public instrumentality of the Commonwealth of Massachusetts (the “Commonwealth”). It was established pursuant to Massachusetts’ landmark health reform law, Chapter 58 of the Acts of 2006. The Health Connector’s primary objective is to facilitate access to affordable health insurance coverage for eligible individuals and small businesses. The Health Connector was designated, in accordance with Chapter 96, §7 of the Acts of 2012, to serve as the ACA-Compliant Exchange (“Exchange”) for the Commonwealth of Massachusetts.

The Health Connector is governed by an eleven-member board, which is comprised of ex officio members and members of the public representing a range of interests and expertise, including organized labor, employee health benefits, consumers, small business, actuarial science, and health economics.

The Patient Protection and Affordable Care Act of 2010 (“ACA”) enacted broad federal reforms for health insurance coverage, with many of the changes effective on January 1, 2014. The ACA was further amended by the American Rescue Plan Act of 2021, P.L 117-2 (2021) (the “ARP”). The ACA changed many of the rules governing the Non-Group and Small Group insurance segments. In addition, the ACA authorized the establishment of Exchanges in each state in accordance with federally defined parameters and requirements. Federal financial assistance is made available through Exchanges to eligible individuals to enhance the affordability of health insurance coverage for those individuals and their families.

As an ACA-Compliant Exchange, the Health Connector continues to fulfill and expand its goal of facilitating access to affordable coverage options for the diverse array of eligible individuals and small employers in Massachusetts. In addition to serving as the first Exchange in the country, the Health Connector is unique among most other state-based Exchanges due to the depth of its functions and responsibilities, including its role in conducting premium aggregation and billing.

For description of the Health Connector’s current operations and a quantitative view of the Health Connector’s operations, Bidders should review Exhibit A hereto, “Current State of Operations” and Exhibit B hereto, “Reference Materials”.

PROCURED SERVICES DESCRIPTION

Procurement Purpose The Health Connector is issuing this Request for Responses (“RFR”) to solicit bids from interested vendors qualified to provide culturally and linguistically appropriate support for Readability and Usability Review and written translations of documents and web content that are compliant with the ACA and the Health Connector’s enabling legislation, MGL ch. 176Q. The Health Connector-selected vendor would, in addition to providing other services, act as the primary provider of a complete range of Readability and Usability Review and written translation services for Health Connector Members, Health Connector Applicants, Relationship Entities, and other interested parties (collectively, “Customers”).

The Health Connector’s goal is to provide its Customers with high-quality end-to-end services and comply with all applicable laws and regulations. The winning Bidder will use industry-standard technologies and business practices and demonstrate an ability to provide exceptional customer service to prospective and current individual and small-group Health Connector Customers. It is essential that the winning Bidder provide flexible and scalable operations throughout the duration of the Agreement as business needs evolve. The Health Connector seeks a vendor that takes a customer-centric approach, where the Customers’ needs are prioritized and acknowledged.

A. The anticipated scope of readability and translation services required by the Health Connector is set forth in Attachment 1 hereto, “Form of Master Services Agreement”, and includes, but is not limited to:

1. providing a complete range of written translation services, including but not limited to documents, social media, graphic design, literature, website content, marketing materials, and any other written translation services as requested;

2. delivering accessible materials compliance, features, formatting, and validation/testing of complete language translations, including ensuring the application of accessibility standards, compliance and accessibility features and formatting;

3. reviewing, editing, and proofreading for previously translated documents;

4. utilizing culturally and linguistically appropriate terminology and content, including appropriate regional dialect and idiomatic differences;

5. maintaining a library of translated materials, including a version control system;

6. generating reports per business requirements;

7. reviewing materials for Readability and Usability Review, taking into consideration the educational level of the target audience;

8. as needed, providing document remediation services, as well as document design in line with the Health Connector’s style guide;

9. performing usability testing ie., website, brand refresh, etc.

10. performing Field Testing to identify potential issues, ensure materials are culturally relevant, improve usability, and ensure compliance;

11. reviewing previously translated text into braille;

12. providing written overview of Field Testing findings;

13. forging positive Customer interactions with the Health Connector by ensuring that the points of interaction and the supporting processes are seamless, technology-integrated, and efficient;

14. adjusting services in collaboration with the Health Connector to be responsive to changing Health Connector needs and initiatives;

15. hiring, training, and retaining all necessary staff as part of a nimble and scalable operation that can accommodate fluctuations in demand, including for an annual Open Enrollment period that begins each year on November 1st and ends on or about December 31st, when the volume of work increases both in preparation for and during Open Enrollment months compared to Closed Enrollment months;

16. fostering excellence, efficiency, and cost-effectiveness in all processes, including applying continuous quality improvement practices to and incorporating Health Connector feedback into services;

17. ensuring visibility into vendor operations through the provision of user-friendly reporting tools;

18. acting as a proactive, collaborative, resourceful partner to the Health Connector, through recommending best practices and learnings from other clients, and facilitating consistent communication; and

19. ensuring all personal information, personal data, and/or protected health information is maintained securely in accordance with applicable rules, regulations, and the terms of the Agreement, in particular the “Technical Standards”[footnoteRef:2] set forth in Attachment 2 hereto, and, should the Health Connector exercise the Live Interpretation Scope, the Data Management and Confidentiality Agreement attached hereto as Attachment 3, “Data Management and Confidentiality Agreement”. [2: Unless the Health Connector chooses the Contingent Live Interpretation Scope, only part of Attachment 2 “Technical Standards” will apply. ]

B. If the Contingent Live Interpretation Scope is exercised by the Health Connector, it will occur no earlier than Year 2 of the Agreement. The full, detailed Live Interpretation Scope and the foregoing additional contingent scope and pricing will be discussed and negotiated by the Parties, should the Health Connector choose to exercise these contingencies during Year 1 of this Agreement.

The detailed requirements for this scope of work are contained in the following Attachments and Exhibits hereto: Attachment 2 - “Technical Standards”, Attachment 3 – “Data Management and Confidentiality Agreement (applicable only if the Health Connector exercises the Interpretation Scope), Attachment 4 - “Requirements”, Attachment 5 - “Reports”, Attachment 10 - “Languages”, Exhibit C - “Key Performance Indicators and Service Levels”, Exhibit E - “Accessibility”, Exhibit F - “Contract Management Portal”, Exhibit G - “Calendar of Business Events”, and Exhibit I - “Current Process Flows”.

The detailed requirements for the additional scope referenced above in this Section B will be discussed and negotiated by the Parties, should the Health Connector choose to exercise these contingencies. Any Bidder that becomes a Contractor shall provide Services in accordance with the requirements of the Agreement. The Form of Master Services Agreement, Attachment 1, and its Attachments and Exhibits contain provisions of the Agreement to be executed between Heath Connector and the successful Bidder.

The Health Connector reserves the right to modify Attachment 1, and its Attachments and Exhibits, as it deems necessary prior to the execution of the Agreement. Changes to the Agreement after its execution by the parties shall be made only by written amendment.

C. Contractor Technology.

Bidders must include in their response a description of Bidder systems that will support work under this Agreement. At a minimum those systems will include a document library for translated materials with version control, a CRM, and an email system.

Bidder Qualifications To be considered for the Agreement award pursuant to this RFR, the Bidder, in addition to satisfying all other requirements specified herein, must:

A. certify that it is capable and willing to perform all functions and activities, take on obligations related to, and work with Health Connector on the efforts as detailed in Attachment 1 hereto, “Form of Master Services Agreement” as well as Attachment 6 hereto, “Health Connector Modified Terms and Conditions”;

B. be flexible with operational changes that may be required or requested by the Health Connector in order to drive efficiencies;

C. have been in business for a minimum of five (5) years, at least three (3) of which must have been in a business performing similar functions for related activities;

D. not have - and ensure that none of its subcontractors have - any financial, legal, contractual, or other business interest in Health Connector’s external auditors (currently Berry Dunn and KPMG) and the Commonwealth of Massachusetts’ Office of the State Auditor; and E. certify that Bidder’s staff meet onshore requirements as stated in Section 3.2 of Attachment 1 hereto, “Form of Master Services Agreement”.

All bids will remain in effect until an Agreement resulting from this RFR is executed except for the commitment of the winning Bidder to enter into negotiations with the Health Connector during Year 1 of this Agreement pertaining to the specific details and pricing of the Contingent Live Interpretation Scope and the other contingent scope referenced in Section 2.1B, and any other commitment made by the Bidder with respect to the Contingent Live Interpretation Scope or such additional scope, which commitments shall remain in effect until the end of Year 1. The successful Bidder must execute an MSA in substantially the same terms as the Form of MSA attached as Attachment 1 hereto and the Health Connector Modified Terms and Conditions set forth in Attachment 6 hereto. The Health Connector will only consider minor modifications to the Form of MSA and the Health Connector Modified Terms and Conditions. Any modifications to these documents that a Bidder requests must be proposed in a redlined format (electronic and paper) for the Health Connector’s consideration at the time the RFR response is submitted. The Health Connector will not enter negotiation over or enter an MSA with any term of the MSA or its attachments and exhibits requested by the Bidder that was not identified in the Bidder’s response to the RFR as a requested modification.

This RFR is not an offer to enter into an agreement with any party. It is a request to receive Responses from Bidders interested in providing the services specified herein. Nothing in this RFR, or in the Health Connector’s acceptance of any response, in whole or in part, shall obligate the Health Connector to complete negotiations with the Bidder. Acceptance by the Health Connector of any response shall be subject to the condition subsequent that the Health Connector and the Bidder execute an MSA. The Health Connector reserves the right to negotiate with selected Bidders a change in any element of performance or cost identified in the RFR or in the selected Bidder’s response. The Health Connector reserves the right to end negotiations with a Bidder, without cause, at any time up to the execution of an MSA arising from this RFR. Should the Health Connector and any selected Bidder fail to reach an accord on MSA terms, the Health Connector may, at its sole discretion, negotiate with and award an MSA to any other Bidder it selects or cancel the RFR.

The winning Bidder must meet the Health Connector’s Business and Technical requirements as set forth in Sections 5.2 and 5.3.O and in the Attachments and Exhibits and those of Attachment 1 hereto, “Form of Master Services Agreement”. The Health Connector reserves the right to modify the terms of this RFR at any time prior to the submission of responses. Any such modifications will be posted on COMMBUYS, and interested parties are encouraged to check COMMBUYS regularly for information regarding this procurement.

Number of Agreement Awards and Agreement Term The Health Connector anticipates entering into an Agreement for Readability and Translation Services with a single selected Bidder for an approximately forty-eight (48) month Agreement term from July 1, 2026, through June 30, 2030, subject to the Contractor’s satisfactory performance, as determined by Health Connector, of all duties and obligations under the Agreement and associated appendices.

The Agreement may be extended in any increment through June 30, 2034, at the sole discretion of the Health Connector, and upon terms agreed upon by the parties. The Health Connector may also extend the Agreement for any reasonable period it determines necessary to complete a subsequent procurement.

Extension of the Agreement resulting from this RFR is subject to any necessary approvals by the Centers for Medicare & Medicaid Services, continued legislative authorization, and the Health Connector’s determination of satisfactory performance.

Procurement Calendar The following timetable, although subject to change, represents Health Connector’s best estimate of the schedule to be followed.

The Health Connector may adjust this schedule as it deems necessary. Notification of any adjustment to the RFR Timetable shall be posted on COMMBUYS.

Electronic Responses (Quotes) Due in COMMBUYS (see Section 5.1) May 1, 2026, by 12:00 p.m. EST

(See Section 2.4.4) May 11-13, 2026

2.4.1 Bidders’ Conference

The Health Connector may hold a formal Bidder’s conference through a conference call on April 22, 2026. The time and conference line will be published on COMMBUYS. The purpose of the Bidder’s Conference is to provide all interested parties with an opportunity to discuss the RFR and highlight questions for discussion.

2.4.2 Technical Corrections, Clarifications and Best and Final Offer The Health Connector reserves the right, at its sole discretion, to request, at any time following submission of responses and prior to the final selection of Bidders for contract negotiation and execution, that all or some Bidders submit a technical correction, clarification, or best and final offer (BAFO).

2.4.3 Questions

Questions regarding this solicitation or requests for additional information should be directed to connector.responses@mass.gov. Questions should identify the specific section and page number of this RFR that are the subject of the inquiry. The Health Connector will not respond to any questions from potential Bidders about this procurement other than those submitted in writing in accordance with the activities and timelines outlined in the Procurement Calendar. Answers to questions will be posted on COMMBUYS. Answers will not disclose the identity of the entity submitting the question.

2.4.4 Presentations

By the date specified in the procurement calendar set forth in Section 2.4, the Health Connector may invite some or all of those Bidders whose responses have been judged competitive and responsive in the course of the evaluation to appear at the Health Connector’s offices, either in person or virtually at the discretion of the Health Connector, to make a presentation, based on the Bidder's ability to comply with the requirements set forth in the RFR.

The Health Connector reserves the right to apply restrictions to the structure and content of the presentation.

Based on the Bidder’s RFR response, the Health Connector will determine the structure and content of the presentation and/or demonstration. The Health Connector will contact the Bidder(s) individually, with at least one week’s notice, to schedule the session, which will take place during the timeframe specified in the procurement calendar.

Selected Bidders who are asked to participate in Oral Presentations/Product Demonstrations will be expected to prioritize this in their schedules. The Health Connector will make every effort to find a mutually convenient time for the Bidder and the Health Connector’s procurement team. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction in scoring or other action that the Health Connector deems appropriate.

The Health Connector will not inform a Bidder of its scores or ranking at the time of the session.

Bidders should provide copies of any presentation material at least three (3) business days in advance of the session. This material and all written submissions become part of the Bidder's response.

Presentations may be videotaped by the Health Connector at its expense and thereby become public records and part of the Bidder’s response after the conclusion of the RFR process. All other expenses associated with the presentations and/or demonstrations will be borne by the Bidder.

2.4.5 Recommendation for Award

After the Health Connector completes its evaluation, comparison, and ranking of responses and, if applicable, presentations and site visits, the Health Connector procurement team may recommend to the Health Connector management an apparent successful Bidder, pending successful contract negotiations with whom to begin MSA negotiations. Management will decide whether to forward the procurement team’s recommendation to the Board. The Board shall review management’s recommendation and make a final decision based on the Commonwealth’s best interests.

2.4.6 Negotiations of Response and MSA

The winning Bidder will execute an MSA in substantially the same terms as the Form of MSA attached hereto as Attachment 1. Nothing in this RFR or in the Health Connector’s acceptance of any response in whole or in part, shall obligate the Health Connector to complete negotiations with the related Bidder. Acceptance by the Health Connector of any response shall be subject to the condition subsequent that the Health Connector and the Bidder execute the MSA in form and substance consistent with the Form of MSA attached as Attachment 1 hereto with such only modifications or exceptions as the Bidder shall have identified in its response and the Health Connector shall have agreed to. If a Bidder submits proposed modifications to the MSA or any of its attachments or exhibits in the Bidder’s response to this RFR, the Bidder must identify any proposed modifications in a redline format against the Form of MSA template attached hereto as Attachment 1.

2.4.7 Best Value Selection and Negotiation

The Health Connector intends to select the response that demonstrates the best value overall, including proposed alternatives, and achieves the procurement goals of the Health Connector. The Health Connector and the selected Bidder may negotiate a change in any element of MSA performance or cost identified in the original RFR or the selected Bidder’s response which results in better value than was presented in the selected Bidder’s original response.

2.4.8 Health Connector Rights

The Health Connector reserves the right to reject any and all responses, and to waive any minor irregularities in a response.

Issuance of this RFR is not a guarantee that an MSA will be awarded. The Health Connector reserves the right to amend or withdraw this RFR, including any or all Exhibits and Attachments, at any time prior to the award of the MSA. Further, the Health Connector may modify the Form of MSA as it deems necessary prior to the execution of the MSA. Changes to the MSA after its execution by the parties shall be made only by written amendment.

The Health Connector reserves the right to amend any MSA resulting from this RFR to implement new initiatives or modify initiatives related to: (1) changes in Commonwealth or Health Connector Regulations or policies, Chapter 176Q or other state law; or (2) changes to the ACA or other related federal laws, regulation, or policy.

2.4.9 Reimbursement

The Health Connector will not reimburse Bidders for any costs associated with the preparation or submission of any response or for any travel or per diem expenses incurred in any presentations of such responses, even if the RFR is cancelled or withdrawn.

2.4.10 Public Records

All responses and related documents submitted or presented to the Health Connector as part of this RFR shall become the property of the Health Connector. They may be subject to disclosure upon request under M.G.L. c. 66, § 10, and c. 4, §.7, cl. 26. The Health Connector is under no obligation to withhold from production under the Public Records Law any responses or materials submitted by a Bidder, regardless of whether such documents are labelled to indicate that they are Bidder “trade secrets” or redacted versions are otherwise confidential information.

2.4.11 Ownership and Retention of Data

All data received, created, produced, or stored by the winning Bidder under an MSA resulting from this RFR is the exclusive property of the Health Connector, including without limitation data provided by the Health Connector or its vendors or Members and other Customers; data generated by the vendor’s systems in connection with services provided by the vendor; and data related to implementation and testing, including without limitation test scripts and test results. All such data must be retained in accordance with both Commonwealth of Massachusetts Enterprise IT standards and record retention schedules under Massachusetts General Law c. 6, §10 Public Records and MGL ch. 30 s. 42, and the ACA (which requires record retention for ten (10) years after record creation). Therefore, the successful Bidder must comply with these legal requirements when developing, installing, servicing, and maintaining the data system for the Readability and Usability Review and translation services.

Definitions Definitions Reference Attachment 9 hereto, “Defined Terms”, for definitions.

GENERAL PAYMENT PROVISIONS

Payment to the Contractor under any Agreement entered into pursuant to this RFR will be in accordance with the payment provisions described in Section 8 of Attachment 1 hereto, “Form of Master Services Agreement”.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Response Submission Instructions All procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@mass.gov. Instructions for creating a Quote can be found on COMMBUYS by clicking the hyperlink labeled “Job Aids for Sellers”. In addition, Bidders may find helpful the webcast How to Create a Quote in COMMBUYS. See Section 7.4 of this RFR for further information about COMMBUYS.

A. Bidders must submit electronic Quotes on COMMBUYS by the date and time specified in Section 2.4 herein, Procurement Calendar. COMMBUYS will not accept submissions after the specified deadline.

B. Response Format Requirements The Bidder must respond to each item in the order in which it appears in the RFR. The Bidder’s response to each section must include headings and numbering to match the corresponding section of the RFR.

Each document must contain a table of contents.

The Bidder must adhere to page limits wherever specified. Attachments and other supporting documentation specifically permitted or required by this RFR are not counted in calculating the Bidder’s page limit.

The narrative section of each document must be formatted as follows:

Word-processed;

Single-spaced;

One inch or greater margins;

6 lines or fewer per inch;

Pages numbered; and 12-point font, except in tables and graphs, where 10-point font may be used.

Each response document should contain only relevant information that is specific to the topic of that response document, as required by the RFR. Superfluous information may be disregarded.

The Bidder must submit all responses electronically as well as provide twelve (12) printed copies of their entire response. Electronic responses must be received prior to 12:00 p.m. on May 1, 2026.

C. Cover Letter The Bidder must include with its response a Cover Letter that clearly states the name of the Bidder organization, principal address, and the name, address, e-mail, fax and telephone number of the individual authorized to negotiate for and execute the Agreement on behalf of Bidder. The letter must:

1. include a statement that clearly articulates that the Bidder accepts the terms of this RFR and of the Form of MSA provided in Attachment 1, without substantive change and that the Bidder has read and acknowledged the Standard Contract Form Instructions and the Health Connector Modified Terms and Conditions (see Attachment 6 hereto, “Health Connector Modified Terms and Conditions”);

2. include a statement that the Bidder’s response will remain in effect until an Agreement resulting from this RFR is executed;

3. include a statement that the Bidder meets all qualifications listed in Section 2.2, including a certification that the Bidder is capable and willing to perform all functions and activities, take on obligations related to, and work with the Health Connector and applicable third-party vendors on the efforts as detailed in Attachment 1 hereto, “Form of Master Services Agreement”;

4. include a certification that the Bidder’s staff, meet onshore requirements as stated in Section 3.2 of Attachment 1 hereto, “Form of Master Services Agreement”;

5. include the name, address, e-mail address, and telephone number of the individual who should be contacted for the purpose of discussing any aspect of the Bidder’s response; and

6. be signed by an authorized Contractor signatory. The letter must be signed by an individual authorized to represent and legally bind the Bidder contractually in MSA discussions and must state that the Bidder’s response will remain in effect until an Agreement resulting from this RFR is executed.

Business Response Requirements For purposes of the submission requirements set forth in this Section, the following terms shall have the following meanings:

· Parent – each of the Bidder’s parent organizations and each of the parents of such parent organizations, if any.

· Subsidiary – each of the Bidder’s partially or wholly owned subsidiary organizations, and each of the partially or wholly owned subsidiaries of any such subsidiary organizations.

· Affiliated or Related Entity – any organization, if any, with which the Bidder has any direct or indirect financial, legal, contractual or other business relationship, as well as any and all of the Contractor’s subcontractors, and such subcontractors’ partners, Parents, Subsidiaries, and any other entity directly or indirectly related to any such subcontractor.

The Bidder shall provide the following information in their Business Response:

A. Organizational Overview The Bidder’s legal name, trade name(s), and any other name(s) under which the Bidder does, or has done, business;

The Bidder’s Federal Employer Identification Number (FEIN);

The Bidder’s ownership status (whether the bidding organization is publicly traded or privately held). If privately held, identify the owner(s) with five percent (5%) or more financial interest in the organization;

The Bidder’s principal address, e-mail address, website URL, telephone number and the location(s) at which all readability and translation service activities will take place;

A listing of the members of Board of Directors, if any, of the Bidder’s organization and of the Bidder’s Parent organization, if any;

The type of legal entity (for example, corporation (profit or not for profit), limited partnership, general partnership, or trust), and the state or foreign country where the entity is organized, including any Parent organization;

The Bidder’s organizational chart, which shall include the names, titles, and reporting relationships of all key organizational officers (such as CEO and CFO) as well as any Subsidiary relationships and subcontractors; and

8. The Bidder’s Key Personnel Organizational Chart, in which Key Personnel for this engagement and their reports are highlighted.

If the Bidder is an LLC, it must submit a form of the contract guarantee that it will provide from its parent company. The contract guarantee, as negotiated by the Health Connector, will be included in the Agreement.

B. Requirements Regarding Subcontractors The Bidder shall state whether subcontractors will be used to perform any services under the Agreement, and if so, shall identify each such subcontractor by corporate or other legal entity name, address, telephone number, and status as a Supplier Diversity Office (SDO)-certified business enterprise.

1. The Bidder shall describe generally in this section the respective responsibilities and functions that each subcontracting entity would perform if the Bidder were awarded the Agreement;

2. The Bidder must submit a statement that:

guarantees that all subcontracts and other agreements or arrangements for reimbursement will be in writing and will contain terms consistent with all terms and conditions of the Agreement; and acknowledges that the use of subcontractors shall not cause any additional administrative burden on the Health Connector as a result of the use of multiple entities and shall not relieve the Bidder of any legal obligations under the Agreement.

3. If the Bidder plans to use a subcontractor for any element of the Agreement, the Bidder shall:

a. identify each such subcontractor(s) by corporate name, address and telephone number;

b. briefly describe the corporation, including years in business, its organization, experience in the Commonwealth and a synopsis of any previous experience similar to that proposed for their role in this effort;

c. state for which element(s) of the Agreement the subcontractor(s) will be used; how the Bidder’s and the subcontractor’s performance will be coordinated; how the Health Connector will communicate with subcontractors and how accountability of subcontractors can be assured by the Contractor;

d. state for each subcontractor the percentage of the total Phase I or Phase II effort to be assigned to that partner or subcontractor;

e. identify and describe the previous experience(s) the winning Bidder and partner(s) or subcontractor(s) have had working together, and the successes and challenges that resulted in that experience;

f. identify any subcontractor Key Personnel who will be communicating with the Health Connector; and

g. sign and submit, as part of its Business Response, a “Certification with Regard to Partners and Subcontractors” form (included in Attachment 7 hereto, “Mandatory Forms and Certifications”), acknowledging its understanding that it will not be relieved of any legal obligations under the Agreement as a result of any contracts with partners or subcontractors, that it will be fully responsible for all partners’ or subcontractors’ performance, and that all subcontracts and other agreements or arrangements for compensation will be in writing and will contain terms consistent with all terms and conditions of the Agreement.

C. Interests Neither the Bidder nor any subcontractor may have any interest that will conflict, as determined by the Health Connector, with the performance of services required under this RFR or any Agreement that results from this RFR. To demonstrate freedom from conflicting interests, the Bidder must submit the following:

1. a description of how the Bidder will assure that no interest will conflict with the performance of services required under the Agreement;

2. a statement of any and all of the financial, legal, contractual, and other business interests of the Bidder and any subcontractor, its affiliates, partners, Parent(s), Subsidiaries, and Related Entities, if any, that may affect or impact its performance with the requirements of the Agreement;

3. a statement describing whether the Bidder or any employee or subcontractor who shall perform work under the Agreement has a possible conflict of interest and, if so, the nature of that conflict and proposal to eliminate or mitigate such conflicting interest;

4. the names, addresses, and website URLs, if applicable, of any person or entity, if any, with which the Bidder has any direct or indirect financial, legal, contractual or other business relationship, including any subcontractor(s), and such subcontractors’ partners, Parents, Subsidiaries, and any other entity directly or indirectly related to any such subcontractor, that may create a conflict of interest or the appearance of such a conflict, and a description explaining the exact nature of each such relationship and the possible conflict;

5. a list of any other contracts or agreements that the Bidder or any subcontractor has entered into with the Commonwealth or the Health Connector that will be in effect at the same time as an Agreement that may result from this RFR; and

6. any other information requested by the Health Connector that, in the Health Connector’s judgment, is relevant to the Bidder’s or any subcontractor’s financial, legal, contractual, or other business interests.

If the Health Connector determines that a Bidder possesses a conflicting interest, the Health Connector reserves the right to propose or consider any proposal of the Bidder of any measures that would eliminate or mitigate such conflicting interest to the Health Connector’s satisfaction.

D. Bidder’s Financial Condition The Bidder shall submit documentation to demonstrate to the satisfaction of the Health Connector that the Bidder’s organization (and the Bidder’s Parent organization and subcontractors, if any), is in sound financial condition and that any significant financial problems are being addressed with appropriate corrective measures. The documents submitted must include at least the following, and the Bidder must submit the same for any Parent organization and subcontractor, if any:

1. complete, independent, audited financial statements for the Bidder’s (and the Bidder’s Parent organization and subcontractors, if any) last two fiscal years;

2. a statement signed by the Bidder’s chief financial officer certifying that he/she is not aware of any circumstance materially and adversely affecting the Bidder’s financial condition that is not reported in the foregoing financial statements and that, to the best of his/her knowledge, the Bidder is not delinquent in the payment of any federal or state tax. The Bidder shall also submit such a statement from the Bidder’s Parent organization and subcontractors, if any;

3. a disclosure of any recently concluded or ongoing audit of the Bidder’s operations and a copy of the report with the Bidder’s response. The Bidder shall also submit such a disclosure from the Bidder’s Parent organization and subcontractors, if any;

4. a statement as to whether, in the last ten (10) years, the Bidder (or the Bidder’s Parent organization and subcontractors, if any) has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, an explanation providing relevant details; and

5. a certificate from the taxing authority of the state in which the Bidder has its principal office, attesting that the Bidder is not in default of any obligation under its tax laws. Corporations with principal offices in Massachusetts may satisfy this requirement by submitting a “Certificate of Good Standing” issued by the Massachusetts Department of Revenue (DOR). For instructions on obtaining the DOR certificate, visit: http://www.mass.gov/dor/businesses/programs-and-services/certificate-of-good-standing.html.

E. Conflicts of Interest As part of its Business Response, the Bidder shall provide confirmation that the Bidder will not have any interest that will conflict with the performance of services under this RFR or any Agreement that results from this RFR.

F. Security Policies and Procedures As part of its Business Response, Bidders shall provide:

1. a summary of their own and their proposed subcontractors’ respective internal security procedures and policies applicable to work performed by them for customers;

2. the particulars of any circumstances over the past five (5) years in which the Bidder or its proposed subcontractor(s) has caused or been responsible for a breach of the security, confidentiality, or integrity of a customer's data; and

3. the particulars of any circumstances over the past five (5) years in which the Bidder or its proposed subcontractor(s) have been placed on a Corrective Action Plan (CAP) including the reason for the CAP and outcome.

G. Disclosure of Litigation The Bidder shall disclose any litigation against its organization, if any. The Bidder shall describe any past or present litigation related to the service and obligations under the Agreement.

H. Disclosure of Third Parties Assisting with the Bidder's Preparation of its Response

1. The Bidder shall disclose the identity of all third parties who assisted in the preparation of the Bidder's Response to the RFR. For purposes of Section 5.2.H, "third parties" include all individuals or entities who are not directly employed by the Bidder, such as contractors. Furthermore, for purposes of Section 5.2.H, that individual or entity "assisted in the preparation of the Bidder's response to the RFR" if it consulted with the Bidder on its response to this RFR, or drafted, edited, or reviewed that response, or any portion thereof.

2. For each such third-party, the Bidder shall disclose:

a. for individual third parties, the individual's name and contact information;

b. for corporate third parties, the entity's legal name, any d/b/a, its contact information, and the names of all individuals employed by or affiliated with that entity who assisted in the preparation of the Bidder's response to this RFR;

c. the specific sections of the Bidder's response with which the third party provided assistance; and

d. whether the third party has, within the past ten (10) years, rendered services to any of the Commonwealth's executive offices, or any of the agencies or programs within those executive offices. For each such executive office, agency, or program, the Bidder shall:

1. identify that executive office, agency, or program;

2. describe the nature and scope of the contract or other arrangement that governed the third party's provision of services to that executive office, agency, or program, including, but not limited to:

I. the title of such contract or arrangement;

II. the execution and termination dates of such contract or arrangement; and III. a description of the services rendered by the third party pursuant to such contract or arrangement.

3. describe the steps the Bidder and the third party have taken to ensure that the third party's assistance to the Bidder does not:

I. conflict with any obligation or duty that the third party owes to the Commonwealth; and II. have an anticompetitive effect for purposes of any applicable law.

I. Required Forms and Certifications The Bidder shall complete, sign, and submit the following forms, all of which—except for the Health Connector’s ACH form referenced at item 3 below—may be downloaded from COMMBUYS:

1. Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification;

2. Contractor Authorized Signatory Listing;

3. Authorization for Electronic Payment via Automated Clearing House (ACH) (see Section 7.17);

4. Prompt Payment Discount Form;

5. SDP Plan Form #1 – SDP Plan Commitment as described in Section 7.12 herein;

6. If applicable, certification by SDO that the Bidder itself (as opposed to its contractors, referenced in the SDP Plan Form #1) is M/WBE, M/WNPO, VBE, and/or SDVOBE certified, as described in section 6.17 herein; and

7. Business Reference Form.

Section 5.3 Programmatic Response The Bidder shall demonstrate to Health Connector in its Programmatic Response submission its ability to assume all programmatic responsibilities of the Agreement. The Bidder shall submit all required materials, including narrative and attachments as specified. If a Bidder is unable to provide the information required in a specific submission requirement, the Bidder shall expressly identify which information it is not submitting and why. The Bidder shall submit the most comparable information it has available and shall explain, in accordance with this section, how it will have the capability to perform all Agreement responsibilities. The Bidder may, as applicable and at its discretion, provide as a response to any item below, a cross-reference to another section of its response. Where the Bidder intends to rely on a subcontractor to perform work under the Agreement or to otherwise meet a response requirement, the Bidder shall so specify and shall provide the requested information as it relates to the proposed subcontractor(s) in its response.

The Bidder’s Programmatic Response shall include the following information and not exceed fifty (50) single-sided pages, excluding those for subcontractors and resumes, as specified below.

A. Bidder Experience and Operations

1. Bidder experience with State-Based Exchanges and similar organizations

a. Provide a brief history of the Bidder’s experience with State-Based Exchanges, Medicaid, Medicare, or other government/health care operations, making sure to include:

1) the name, title, e-mail address, and telephone number of a person who can respond to inquiries about the Bidder’s involvement with the project; and

2) the start and end date of each existing project, client name, and type (e.g., public or private, financial, health care).

b. Provide a brief history of the Bidder’s experience with any Commonwealth of Massachusetts agency, division, or department, making sure to include:

1) the name, title, e-mail address, and telephone number of a person who can respond to inquiries about the Bidder’s involvement with the project; and

2) the start and end date of each existing project, client name, and type (e.g., public or private, financial, health care).

c. Provide a list of all organizations with which the Bidder or its subcontractor(s) have or have had relevant business experience in the past five (5) years, preferably involving the provision of all or most of the services described in the Agreement. Such a list shall include:

1) any state agency, other than an agency within the Commonwealth, with which the Bidder or subcontractor currently contracts with for a similar set of services set forth in the Agreement; and

2) any agency, division, or department within the Commonwealth for which the Bidder or subcontractor has performed services in the last five (5) years.

d. For each organization listed in response to Section 5.3.A.3, provide the following information:

1) the organization’s name and address;

2) the contact person’s name, title, address, telephone number, and e-mail address;

3) a brief description of the Bidder’s or subcontractor’s responsibilities;

4) the start and end dates of the contract for the project; and

5) as applicable, the most recent statistics reflecting the volume of activities performed under the contract by the Bidder or its subcontractor, including the volume of customers for which the Bidder provided services by type of customer (e.g., Provider, Member, etc.) and customer service levels.

2. Provide a brief narrative that summarizes the Bidder’s overall approach to providing Readability and Usability Review and translation services, including the Bidder’s approach to:

a. receiving source language documents electronically;

b. tracking deliverables, including but not limited to date request received, turnaround time, type of request, and cost;

c. delivering translations that are linguistically accurate and technically consistent with the original documents;

d. providing translated materials that have accurate content, correct spelling, correct grammar, correct language structure, and are culturally appropriate;

e. providing materials that are visually pleasing to capture the attention of the intended audience, consistent with the Health Connector style guide (for marketing materials);

f. creating and managing a document repository including a version control system;

g. managing last-minute rush orders;

h. providing document Remediation services for reports and other documents as required;

i. providing Readability and Usability Review to ensure translations are at the appropriate reading level, and include culturally appropriate terminology and content;

j. using universally acceptable software compatible with source documents or in a format approved by the Health Connector. Such formats include but are not limited to: Microsoft Office (Word, Excel, PowerPoint), Adobe Acrobat (read, amend, and create). Adobe Experience Manager, and Adobe InDesign; and

k. ensuring quality of translated materials using proofreader or editor or peer review.

3. Provide a brief summary of the hiring and training approach to onboarding new readability experts and translators;

4. Provide a brief summary of the approach to staffing in response to fluctuating demand.

5. Provide information on language capabilities:

a. list the languages, other than English, that staff are fluent in both written and verbal forms, along with the percentage of staff that speaks each of those languages; and

b. list which translators are certified in translation services and in which language.

6. Provide a brief summary of the reporting tool used by the Bidder.

7. Provide a brief summary of the tracking system for inventory and deliverables used by the Bidder.

8. Provide a brief summary of how Bidder plans to meet or exceed the Service Levels as detailed in Exhibit C hereto, “Key Performance Indicators and Service Level Agreements”.

9. Provide a brief summary of disaster recovery, data back-up, and other contingency plans.

B. References The Bidder shall complete a Business Reference Form for three references, for whom the Bidder has…