MGC Outside Counsel Services RFR

The Massachusetts Gaming Commission is soliciting responses to its Outside Counsel Services Request for Responses for a target of up to six as-needed outside counsel contracts, with questions due November 27, 2026 and responses due January 4, 2027 at 2:00 PM EST. Every bidder, regardless of certification status, must commit to spending at least 1% of contract sales with Supplier Diversity Office-certified or recognized diverse business enterprises or nonprofit organizations. Bidders that are SDO-certified Minority Business Enterprises, Women Business Enterprises, Veteran Business Enterprises, LGBTBEs, or DOBEs receive award preference and are reviewed first. After award, the commitment becomes an annual requirement measured on a Massachusetts fiscal year basis.

Scope covers legal advice under the supervision of the Commission's General Counsel in five categories: Litigation, General Outside Counsel Services, Employment and Labor Law, Data Privacy Law, and Intellectual Property Law. Matters include regulatory promulgation, conflict of interest and open meeting law, employment investigations, data security, procurement, environmental permitting, organizational governance, and insurance, all tied to oversight of casino gaming, sports wagering, and horse racing.

Qualifications include ten years of continuous operation, a Massachusetts law license, five years of public sector advisory experience, five years in relevant practice areas, and three client references. Bidders must submit hourly fee schedules for proposed personnel and file electronically through COMMBUYS, including a completed supplier diversity plan form, an environmentally preferable products form, and prompt payment discount terms.

The procurement is structured as a rate contract with an estimated annual value not expected to exceed $250,000 on a case-by-case basis. The initial term is three years from execution, with two three-year renewals and one one-year renewal, for a maximum of ten years. Bidders must offer prompt payment discounts at 10, 15, 20, or 30 days, which the Commonwealth may use as a basis for selection and rate negotiation.

Evaluation weights general response components at 65%, price at 10%, and diversity certification and supplier diversity plans at 25%. Environmentally preferable products documentation and optional supplier diversity information may each yield additional evaluation points. Bid amendments close December 21, 2026.