DHE Optional Retirement Plan (ORP) Attorney

The Massachusetts Department of Higher Education is soliciting proposals for legal services to the Massachusetts Optional Retirement Plan under Request for Response (RFR) BD-27-1088-RGT01-RGT01-132759, with responses due September 14, 2026 at 5:00 p.m. through COMMBUYS. This procurement is subject to the Massachusetts Small Business Purchasing Program (SBPP) set-aside: SBPP-registered vendors with principal place of business in Massachusetts, in operation for at least one year, 50 or fewer full-time equivalent employees, and gross revenues of $15 million or less receive award preference if they meet best value criteria; non-SBPP bidders are evaluated only if no SBPP participant meets the criteria.

The scope encompasses legal counsel to the Plan Administrator on state and federal retirement plan regulations, response to legal inquiries, review of plan restatements and amendments, and advisories on regulatory changes. Required qualifications include a minimum of 10 years of retirement plan legal services experience with state government higher education agencies and current Lawyers Professional Liability Insurance. Evaluation criteria are weighted at 25 points each across four scoring categories: years of experience (2–5 points), whether the firm drafts ORP documents (0–5 points), volume of ORP documents drafted in the past five years (0–5 points), and additional experience factors. Disbarred bidders are ineligible.

The estimated contract value is not to exceed $60,000 over a two-year period, with an estimated annual cost of $30,000. The initial term runs from October 1, 2026 through June 30, 2027, with one renewal option for July 1, 2027 through June 30, 2028. Cost is a factor in selection. The Commonwealth requires prompt payment discounts (zero percent discounts are not accepted) and mandates submission of completed Commonwealth Terms and Conditions, Contractor Authorized Signatory Listing, Electronic Funds Transfer Authorization, Prompt Payment Discount, and Business Reference forms. Questions are due September 7, 2026. The Purchasing Department anticipates notification of award by September 28, 2026.