Open for Responses
Government Contract Solicitation
RFR MassDOT Executive Search Firm 2026 Reopening
Massachusetts Department of Transportation
- Solicitation #BD-27-1030-CPO1-CPO1-134878
- StateMA
- State & Local
13
days until responses close
Tue, November 24, 2026
Winning government proposals usually start 4+ weeks ahead.
RFP / Bid
Procurement Vehicle
State & Local
Jurisdiction Level
Massachusetts (MA)
Geographic Location
7
Attached Documents
Scope of work
Solicitation overview
Header Information Bid Number: BD-27-1030-CPO1-CPO1-134878 Description: RFR MassDOT Executive Search Firm 2026 Reopening Bid Opening Date: 11/24/2026 03:00:00 PM Purchaser: Brendan McCue Organization: Department of Transportation Department: CPO1 - OFFICE OF THE CHIEF PROCUREMENT OFFICER Location: CPO1 - OFFICE OF THE CHIEF PROCUREMENT OFFICER Fiscal Year: 27 Type Code: NS - Non-Statewide Soli...
Important dates
Procurement schedule
- November 2, 2026 Solicitation posted
- November 11, 2026 Today — 13 days remaining in response window
- November 24, 2026 Responses due / Closing date
Awarding agency
Issuing organization
- Agency name
- Massachusetts Department of Transportation
- Jurisdiction
- Massachusetts (MA)
- Agency level
- State & Local
- Buyer / Contact
- (857) 368-4636 · https://www.mass.gov/orgs/massachusetts-department-of-transportation · 10 Park Plz · Boston
- Official portal
- View solicitation on govspend ↗
- Source
- govspend
Procurement attachments
Solicitation documents & addenda (7)
-
Download ↗Bidder-Response-Form5.xlsx28.3 KB
-
Download ↗How-to-Create-a-Quote1.pdf1.4 MB
-
Download ↗Intent-to-Award-Notification15.docx155.2 KB
-
Download ↗MassDOT-RFR-Executive-Search-Firm-2026-Reopening.pdf689.4 KB
-
Download ↗MassDOT-Standard-Contract-Form-for-Review1.doc336.5 KB
-
Download ↗Prompt-Payment-Discount-Form1.pdf200.9 KB
-
Download ↗Questions-and-Answers-225.2025.xlsx18.5 KB
Line items, specifications & terms
Full solicitation details
Header Information | |||||
| Bid Number: | BD-27-1030-CPO1-CPO1-134878 | Description: | RFR MassDOT Executive Search Firm 2026 Reopening | Bid Opening Date: | 11/24/2026 03:00:00 PM |
| Purchaser: | Brendan McCue | Organization: | Department of Transportation | ||
| Department: | CPO1 - OFFICE OF THE CHIEF PROCUREMENT OFFICER | Location: | CPO1 - OFFICE OF THE CHIEF PROCUREMENT OFFICER | ||
| Fiscal Year: | 27 | Type Code: | NS - Non-Statewide Solicitation | Allow Electronic Quote: | Yes |
| Alternate Id: | Required Date: | Available Date : | 10/27/2026 07:13:03 PM | ||
| Info Contact: | Please use Q&A for inquiries about this bid solicitation. | Bid Type: | OPEN | Informal Bid Flag: | Yes |
| Purchase Method: | Open Market | ||||
| |||||
| Ship-to Address: | Statewide Operations Unit 10 Park Plaza Boston, MA 02116 US Email: Noname@state.ma.us Phone: (999) 999-9999 | Bill-to Address: | Statewide Operations Unit 10 Park Plaza Boston, MA 02116 US Email: Noname@state.ma.us Phone: (999) 999-9999 | Print Format: | |
| Required Quote Attachments | |||||
| |||||
| SBPP (Small Business Purchasing Program) Eligible?: | YES | ||||
| See SBPP requirements and exceptions at www.mass.gov/sbpp : |
Detailed Specifications & Scope from Attached Documents
📄 Bidder-Response-Form5.xlsx (Parsed Contract Document)
PKGDOC1475826-0003_15 INSTRUCTIONS INSTRUCTIONS FOR BIDDERS: This is the Bidder Response Form for Computer Training Services. This is a required document for all bidders responding to . Bidders must ensure all tabs are thoroughly reviewed and completed. The following are the required tabs for this RFR: · Instructions · Submission Checklist · Bidder Information · Bidder Profile & Qualifications Questions about the bid must be submitted through COMMBUYS using the Q&A feature before the Q&A deadline. See the RFR Estimated Procurement Schedule Section 1.3. Failure to provide the requested information may result in your response being disqualified. Submission Checklist Bidder Submission Checklist This tab is intended as a guide to assist you in file organization while completing your quote submission. FILES MUST NOT BE PASSWORD PROTECTED and PDF files must be searchable. Required/Mandatory Documents Description Enter in COMMBUYS during upload File format File Name Assign when creating files Submitted (Yes/No) Company Name Bidder Response Form .xlsx CompanyName_BidResponseFrm.xlsx Company Name Narrative .doc CompanyName_Narrative. (.doc or .xlsx) Company Name Cost Proposal .doc or .xlsx CompanyName_Pricing. (.doc or .xlsx) Company Name PPD Form (is this the prompt discount form?) .pdf CompanyName_PPD.pdf Company Name References .doc or .pdf CompanyName_References. (.doc or .xlsx) Bidder Profile & Qualifications COMPUTER TRAINING SERVICES BIDDER PROFILE AND QUALIFICATIONS Instructions Bidders must respond to all questions in the sections below unless stated otherwise. Beige boxes are required fields. Once filled, boxes will turn white, for example: Company Name, Inc. Provide answers by selecting the corresponding gray box next to the desired field Sections left blank without justification will not be considered Bidder Profile 1. Bidder Information (provide information below) Full Legal Company Name (Same as MA W9): Company Email: Full Legal Name DBA Years in Business: Full Legal Company Address (Same as MA W9): Days/Hours of Operation: Company Phone: Company Website (optional): 2. Contact Person(s) (provide at least one contact person and list additional contacts where applicable) Awarded Contractors are responsible for reporting quarterly sales and diversity spending as well as ensuring payment of the 1% OSD Administration Fee. Any changes to any Contractor contacts must be communicated to the OSD Contract Manager. Name Phone Email Primary Account Manager : Secondary Account Manager : 3. Emergency Contact Person (provide a contact who can be available 24 hours a day or as close to 24 hours as possible) Name Phone Email Emergency Contact Person: 4. RFR 2.2.2 Financial stability including bankruptcy, litigation and contract defaults (Provide answers below or reference attachments if provided separately) 5. RFR 4.2 Post Placement Support - What support is offered after placements, such as onboarding assistance or follow-up evaluations to ensure a successful transition (Provide answers below or reference attachments if provided separately) 6. RFR 4.2 Candidate Assessment Methods- Structured interviews, assessments, reference checks, and background verification. (Provide answers below or reference attachments if provided separately) 7. RFR 4.2 Recruitment Approach- What approaches are used to find potential candidates, how can they be customized, and span of network (Provide answers below or reference attachments if provided separately) 7. RFR 4.2 Communication Strategy- Cadence on potential candidate progression updates, plan to incorporate stakeholder/role needs and requirements, and confidentiality policies. (Provide answers below or reference attachments if provided separately)
📄 How-to-Create-a-Quote1.pdf (Parsed Contract Document)
Job Aid: Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations July 2020 www.mass.gov/osd Page 1 of 8 This Job Aid shows how to: • Create a quote in response to a bid solicitation posted in COMMBUYS Of Special Note: • Only users with the Seller role can create a quote in COMMBUYS. This Job Aid begins from the Seller Home Page. For guidance on how to get to the Seller Home Page, consult the Job Aid “Basic COMMBUYS Navigation for Vendors.” • The Items Tab of a quote response is especially important. Be sure to carefully review the Bid Documents (RFR, RFQ, Bid Response form, etc.) for specific guidance. Skipping the Items Tab may result in a “No Bid” response. Screenshot Directions Step 1: Accessing the Bid - Advanced Search 1. Click on the Settings icon and select the Advanced Search option. 2. Select Bids from the Document Type dropdown menu. It may take a few moments for COMMBUYS to generate a search form. 3. Type a search term into a field. The example show here uses the last 5 digits of a bid number in the Bid # field. This search works well since the result probably will be only the bid you are searching for. Click Find It or hit the Enter key on your keyboard. 4. From the search results (not shown), click on the hyperlinked Bid Solicitation number (displays on the left side of the screen) to open and review details. http://www.mass.gov/osd Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 2 of 8 Screenshot Directions Step 1a: Accessing the Bid – Bids Tab 1. From the Seller Homepage click on the Bids tab. 2. Select a bid of interest from the Bids/Bid Amendments (Unacknowledged), Open Bids, or Open/Rolling Enrollment Bids section. Click the blue hyperlinked Bid Number to open and review the Bid Solicitation. Note: If you have already reviewed and acknowledged the Bid Solicitation, downloaded attachments, and are ready to initiate a quote, click the Create a Quote hyperlink highlighted here, then skip to Step 5. Step 2: Acknowledge Receipt 1. Click the Yes button to acknowledge the download of the bid or click No to proceed to the Bid Details without acknowledging. Note: With acknowledgement, you agree to receive any future correspondence regarding the bid solicitation including amendments. If you select No you may still view the bid and submit a quote but will not receive notifications regarding updates or amendments. Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 3 of 8 Screenshot Directions Step 3: Reviewing Bid Solicitations Important information displayed on a COMMBUYS Bid Solicitation includes: • Bid Number: COMMBUYS-generated document number. Use last 5 digits for searches. • Description: information varies according to Buyer input. • Bid Opening Date: the date and time the bid closes to vendor quote submission; the deadline. Except for Rolling Enrollment solicitations, it is also the date the buyer may view submissions for evaluation. • Purchaser: the person who posted the bid solicitation. Unless indicated elsewhere, this is also the buyer contact. • Type Codes: SW: Statewide bid solicitation. OSD is the only organization that can designate this. NS: Non-Statewide. Departments and municipal users select this. • Allow Electronic Quote: When marked yes, vendor responses must be submitted through COMMBUYS. • Available Date: date bid was publicly posted on COMMBUYS. • Info Contact: contact person for the bid. If the field is blank, the Purchaser is the contact. • Bid Type: Most bids are “Open”; any vendor can respond. “Closed” bids are restricted to selected vendors already on the existing contract. • Rolling Enrollment: If marked “Yes” the Purchaser can see vendor responses before the Bid Opening Date. Typically, this designation is used when the Purchaser is developing a list of businesses who are qualified to provide goods and services over a contract period. • Pre-Bid Conference: details provided if such a meeting will take place. • File Attachments: bid documents and forms uploaded by the agency. Be sure to download and read all attachments starting with the Request for Response (RFR). Complete forms and documents as instructed. • Item Information: commodity code (UNSPSC), description, and other criteria. Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 4 of 8 Screenshot Directions Step 4: Creating a Quote Response 1. Scroll to the bottom of the Bid Solicitation screen. 2. Click Create a Quote. Step 5: New Quote Screen - General Tab 1. COMMBUYS displays the General Tab on a “New Quote” screen. In most cases, editing these fields is not suggested. Read the RFR for guidance. Editable fields include: • Description: Defaults to the description from the bid solicitation. • Delivery Days: Days to deliver goods or services if awarded a contract that results in purchase orders. • Discount Percent: If entered, applies globally to all quoted items. • Is “No Bid”: Checkmark to formally declare that you will not be submitting a quote for this bid. • Alternate Bid: Checkmark to formally flag a quote as an alternate response if the buyer has allowed multiple quotes. • Promised Date: Due date to deliver items. • Info Contact: Contact information for questions regarding quote. This field is limited to 400 characters. • Comments: Field to enter notes to the buyer. Limit is 400 characters. 2. Click Save & Continue. Step 6: Review System Messages 1. The pages refreshes displaying a Quote Number. 2. System messages are also displayed. • A red error message with steps that must be taken before a quote can be submitted. Following the steps in this Job Aid will resolve the errors. • A yellow message reads: Your quote has not been submitted. The message disappears once the quote is submitted. 3. Click on the Items tab to continue creating the quote Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 5 of 8 Screenshot Directions Step 7: Complete the Quote Items Tab 1. Responding to Items. Actions needed to complete the Items tab vary depending upon how the Bid issuer configured it. Read the instructions given in the RFR to determine how best to complete the Quote Items tab. The Items tab is the area to: • indicate which item(s) are being Quoted. A No Bid Item selection indicates not bidding. • indicate that quote cost data is submitted as an attachment (If See Quote Attachment has been enabled) • enter unit cost per Bid Item(s) (if applicable) A) If the See Quote Attachment(s) box is pre-selected, the No Charge and Unit Cost selections are disabled. ✓ Ensure the See Quote Attachment(s) indicator is selected for each Bid Item for which you wish to be considered. ✓ Based on instructions from the RFR, be sure to upload response files on the Attachments tab (see Step 10). ✓ Select No Bid for items you are not bidding on. B) If the No Bid column is pre-selected, the No Charge and Unit Cost selections are editable; the See Quote Attachment(s) column is disabled. ✓ Ensure Unit Cost is entered or No Charge indicator is selected for each Item you are bidding on. Doing so deselects the No Bid box. ✓ Leave the selection No Bid for items you are not bidding on. ✓ Based on instructions from the RFR, be sure to upload response files on the Attachments tab (see Step 10). C) To add an additional quote item to a Bid Solicitation item, click the Add Quote Item hyperlink. Consult the RFR carefully to see if this option is encouraged or discouraged. ✓ Fill in the Alternative Description box. ✓ Complete pricing details. ✓ The added item is numbered with a decimal that follows the original Quote Item number. Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 6 of 8 Screenshot Directions Step 7 (continued): Quote Items Tab 2. To view additional details about an item, click on the blue hyperlinked Item #. Click Save& Exit to return to the Items Tab. 3. Once all information has been completed on the Items tab, click Save & Continue. Click on the Questions tab. NOTE: COMMBUYS offers Export and Upload capabilities for uncommon instances when a bid solicitation and quote response include many items. The Quick Reference Guide “Using the Items Export and Upload Tool” provides instructions. Step 8: Answering Buyer Questions The Purchaser may use COMMBUYS to ask questions that must be answered before a quote can be submitted. In such cases, a red error message displays at the top of the screen. 1. Type answers to questions 2. Click Save & Continue. Any Question- related error message disappears. 3. If you would like to record internal Notes about the quote, click the Notes tab. 4. Otherwise, click the Terms & Conditions tab. The Notes Tab (Optional) Provides space for vendor users to record notes. Information saved here is not accessible outside the vendor account. Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 7 of 8 Screenshot Directions Step 9: Accepting Terms & Conditions All files attached to the Bid Solicitation can also be found on (and downloaded from) the Terms & Conditions tab. 1. Click the radio button next to Yes to accept the Terms & Conditions of the Bid Solicitation. 2. Click Save & Continue. The red system message disappears. 3. Click on the Attachments tab. Step 10: Attaching Documents to Quote 1. Click on Add File. 2. Click on Choose File to locate the file you wish to upload. (This button may be labeled “Browse” in some browsers.) Locate and select a file then click Open to upload it. By default, the file’s original name is populated into the Name field on the Add File page. This can be edited to change the posted file name. The Name field is limited to 200 characters and can contain alphanumeric characters, spaces, and special characters. 3. The Description field is optional. It allows you to briefly describe the file. 4. Click Save & Exit to return to a list of all attachments. Repeat until all required documents are attached. 5. Check off the Confidential box to designate an attachment as confidential. Mark only those documents that contain confidential information not subject to the Massachusetts Public Records Law (e.g., those containing your Tax ID, bank account information, etc.) as confidential. Similarly, to remove an attachment uploaded in error, click the Delete box for the item. Click Save & Continue to save any changes. 6. Click the Summary tab. Note: Unless an RFR or other bid document requests or allows zipped files, each required document must be added individually. Creating a Quote in COMMBUYS: How to Respond to Bid Solicitations Page 8 of 8 Screenshot Directions Step 11: Reviewing and Submitting Quotes 1. Review the quote information displayed on the Summary tab. Edit as needed by clicking on the tab that requires updating. (Remember to click Save & Continue on any tab you change.) 2. Remember that the quote does not cover items marked as “No Bid.” 3. Click the Submit Quote button at the bottom of the page. Step 12: Confirming Quote Submission 1. Click OK on the popup message window to proceed with submitting your quote. 2. Once the page refreshes, note that the quote status has changed to “submitted,” confirmation that the process is complete. Note that once the Bid Opening Date passes, the Submit button disappears. It is not possible to submit a late response. Once a quote is submitted, it is possible to Withdraw it by clicking the Withdraw Quote button at the bottom of the Summary Tab Page. See the Job Aid “How to Withdraw, Reopen, and Resubmit a Quote in COMMBYTS.”
📄 Intent-to-Award-Notification15.docx (Parsed Contract Document)
Intent to Award Notification 3/17/2025 Intent to Award Notification MassDOT RFR Executive Search Firm BD-25-1030-CPO1-CPO1-112673 Attention All Bidders: On behalf of the Department of Transportation I hereby announce the following vendor as Apparent Successful Bidder for the MassDOT RFR Online Language Learning Services bid. Baker Tilly Advisory Group, LP Hotep Consulting Contract Award is subject to resolution of any identified bidder exceptions or clarifications to the satisfaction of the Commonwealth. is Further information will be emailed to the successful bidder in the coming days. MassDOT respectfully recognizes all bidders for their competitive proposals and interest in serving the Department of Transportation. Sincerely, Michael Woods Procurement Manager 10 Park Plaza Boston, Ma 02116 Tel: 857-276-2100 Email: michael.p.woods@dot.state.ma.us image1.jpeg image2.jpeg
📄 MassDOT-RFR-Executive-Search-Firm-2026-Reopening.pdf (Parsed Contract Document)
1
REQUEST FOR RESPONSE Executive Search Firm
Table of Contents Page i
Document Sensitivity Level: High during development; Low once published.
Request for Response (RFR)
Document Title: Executive Search Firm (Reopening)
COMMBUYS Bid#: BD-25-1030-CPO1-CPO1-112673
BD-27-1030-CPO1-CPO1-134878
2/13/2025
10/27/2026
Please Note: This is a single document associated with a complete Bid (also
referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders
are responsible for reviewing and complying with all Bid requirements. Bidders may
contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE
for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM
to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal
and state holidays.
Bidders with disabilities or hardships that seek reasonable accommodation, which
may include the receipt of RFR information in an alternative format, must
communicate such requests in writing to the contact person. Requests for
accommodation will be addressed on a case-by-case basis. A Bidder requesting
accommodation must submit a written statement which describes the Bidder’s
disability and the requested accommodation to the contact person for the RFR. The
SST reserves the right to reject unreasonable requests.
https://www.sec.state.ma.us/cis/cishol/holidx.htm
https://www.sec.state.ma.us/cis/cishol/holidx.htm
REQUEST FOR RESPONSE Executive Search Firm
Table of Contents Page ii
Document Sensitivity Level: High during development; Low once published.
1 INTRODUCTION AND BID OVERVIEW ....................................................................................... 1
1.1 SUMMARY DESCRIPTION OF PROCUREMENT ................................................................................... 1
1.2 APPLICABLE PROCUREMENT LAW ................................................................................................... 1
1.3 ESTIMATED PROCUREMENT CALENDAR .......................................................................................... 1
1.3.1 SUBMISSION OF BID QUESTIONS ....................................................................................................... 2
1.3.2 BID AMENDMENT DEADLINE ............................................................................................................ 2
1.3.3 ORAL PRESENTATIONS/PRODUCT DEMONSTRATIONS ...................................................................... 2
1.3.4 LATE BIDS WILL NOT BE CONSIDERED .............................................................................................. 3
1.3.5 DEBRIEFING ....................................................................................................................................... 3
1.4 ADDITIONAL BID INFORMATION ....................................................................................................... 3
1.4.1 ANTICIPATED CONTRACT DURATION: .............................................................................................. 3
1.4.2 ESTIMATED VALUE OF THE CONTRACT ............................................................................................ 3
1.4.3 ESTIMATED NUMBER OF AWARDS .................................................................................................... 3
1.4.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD ........................................................... 3
1.4.5 RFR SUBMISSION CHECKLIST ........................................................................................................... 3
1.4.6 ACQUISITION METHOD(S): ................................................................................................................ 3
1.4.7 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT .................................................................. 4
2 BIDDER QUALIFICATIONS ............................................................................................................. 4
2.1 COMPANY EXPERIENCE ..................................................................................................................... 4
2.1.1 BUSINESS BACKGROUND ................................................................................................................... 4
2.1.2 YEARS IN THE INDUSTRY OF THE BID................................................................................................ 4
2.2 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS ........ 4
2.2.1 CERTIFICATE OF FINANCIAL GOOD STANDING ................................................................................ 4
2.2.2 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS ................................................................... 5
3 SERVICE SPECIFICATIONS ............................................................................................................ 5
3.1 RESPONSE REQUIREMENTS ............................................................................................................... 5
3.1.1 COMPANY NARRATIVE...................................................................................................................... 5
3.1.2 COST PROPOSAL ................................................................................................................................ 5
3.1.3 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS ........................................... 5
3.2 SMALL BUSINESS PURCHASING PROGRAM ...................................................................................... 5
3.2.1 PROGRAM BACKGROUND .................................................................................................................. 5
3.2.2 SBPP AWARD PREFERENCE .............................................................................................................. 5
3.2.3 SBPP PARTICIPATION ELIGIBILITY ................................................................................................... 5
3.2.4 SBPP COMPLIANCE REQUIREMENTS ................................................................................................ 5
3.2.5 PROGRAM RESOURCES AND ASSISTANCE ......................................................................................... 6
3.2.6 EXECUTIVE ORDER 515, ESTABLISHING AN ENVIRONMENTAL PURCHASING POLICY ..................... 6
3.2.7 PROMPT PAY DISCOUNT ................................................................................................................... 6
3.2.8 AUTHORIZED PRICE CHANGES .......................................................................................................... 6
4 EVALUATION CRITERIA ................................................................................................................ 6
REQUEST FOR RESPONSE Executive Search Firm
Table of Contents Page iii
Document Sensitivity Level: High during development; Low once published.
4.1 MANDATORY REQUIREMENTS ........................................................................................................... 6
4.2 EVALUATION COMPONENTS .............................................................................................................. 6
4.3 BEST VALUE SELECTION AND NEGOTIATION .................................................................................. 7
5 INSTRUCTIONS FOR SUBMISSION OF RESPONSES ................................................................ 7
5.1 ELECTRONIC SIGNATURES ................................................................................................................ 7
5.2 ACCEPTABLE FORMS OF SIGNATURE ............................................................................................... 7
5.3 LIMITS AND RESTRICTIONS ............................................................................................................... 8
5.3.1 FILE SIZE LIMITS ............................................................................................................................... 8
5.3.2 FILE FORMAT RESTRICTIONS ............................................................................................................ 8
5.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS .......................................... 8
5.4.1 QUOTE CONTENT .............................................................................................................................. 8
5.4.2 NON-COLLUSION ............................................................................................................................... 8
5.4.3 MULTIPLE QUOTES............................................................................................................................ 8
5.4.4 WITHDRAWING A QUOTE .................................................................................................................. 8
PRIOR TO BID OPENING DATE/TIME ............................................................................................................. 8
AFTER BID OPENING DATE/TIME ................................................................................................................. 8
5.4.5 BIDDER’S CONTACT INFORMATION .................................................................................................. 8
5.4.6 OWNERSHIP OF SUBMITTED QUOTES ................................................................................................ 8
5.4.7 PROHIBITIONS ................................................................................................................................... 8
5.4.8 PROHIBITION REGARDING CONTRACT TERMS ................................................................................... 9
5.4.9 PUBLIC RECORDS LAW ..................................................................................................................... 9
5.4.10 REASONABLE ACCOMMODATION ..................................................................................................... 9
6 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD ............................. 9
6.1 REQUIRED FORMS .............................................................................................................................. 9
6.1.1 CHANGES TO CONTRACTOR’S INFORMATION ................................................................................. 10
6.1.2 CONTRACTUAL STATUS OF ORDERS AND SERVICE CONTRACTS .................................................... 11
6.1.3 PUBLICITY ....................................................................................................................................... 11
6.1.4 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH THE CONTRACT ......................... 11
6.2 PERFORMANCE MEASURES ............................................................................................................. 11
6.2.1 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS .................................................................... 11
6.2.2 AUDIT .............................................................................................................................................. 11
6.3 PAYMENT RELATED TERMS ............................................................................................................ 11
6.3.1 BILL PAYMENT ................................................................................................................................ 11
6.3.2 LATE PAYMENT FEES ...................................................................................................................... 11
6.3.3 ELECTRONIC FUNDS TRANSFER (EFT) ........................................................................................... 11
6.3.4 TAX EXEMPTION ............................................................................................................................. 11
7 RFR APPENDICES ............................................................................................................................ 11
7.1 APPENDIX 1: REQUIRED TERMS FOR ALL RFRS ........................................................................ 12
7.1.1 GENERAL PROCUREMENT INFORMATION ....................................................................................... 12
7.1.2 TERMS AND REQUIREMENTS PERTAINING TO AWARDED CONTRACTS .......................................... 13
7.2 APPENDIX 2: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY
THROUGH COMMBUYS .......................................................................................................................... 13
REQUEST FOR RESPONSE Executive Search Firm
RFR Executive Search Firm COMMBUYS BID NUMBER BD-25-1030-CPO1-CPO1-112673 Page 1
Document Sensitivity Level: High during development; Low once published.
1 INTRODUCTION AND BID OVERVIEW
1.1 Summary Description of Procurement
This document serves as the amendment to reopen MassDOT Bid # BD-25-1030-CPO1-CPO1-112673,
Executive Search Firm. Any future amendments will be made to this bid solicitation and document.
The Department of Transportation seeks to establish a contract for a qualified executive search firm with a proven
track record in the public and government sectors to assist us in our recruitment efforts. Our organization is
committed to identifying top-tier leadership talent that aligns with our mission and values to help recruit, screen, and
recommend qualified candidates for Executive-level employment on an as needed basis.
1.2 Applicable Procurement Law
This Bid is issued under the following law(s):
• MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)
1.3 Estimated Procurement Calendar
Action Date
Bid Release Date 2/13/2025
10/27/2026
Deadline for submission of written questions
through COMMBUYS “Bid Q&A”
2/24/2025 3:00PM
11/10/2026 3:00PM
Official answers for Bid Q&A published
(Estimated)
2/26/2025
11/13/2026
Training for Online Submission –
Contractors that have not previously
submitted electronic quotes via COMMBUYS
are strongly encouraged to attend training.
Register here:
https://attendee.gototraining.com/957t1/catalo
g/5152599978190574336
Tuesday 2/18 10am-11am
Please visit the OSD Vendor Training
Website for updated dates and times:
https://www.mass.gov/osd-vendor-
training
Online Webinar:
This interactive webcast provides
instructions on several activities:
Locating and responding to bids;
Using the bid Q&A feature; Creating
a quote response; Revising a Quote
response. Access the webcast here.
Bid Amendment Deadline. Bid documents will
not be amended after this date.
2/26/2025
11/16/2026
Deadline for Quotes/Bid Responses (“Bid
Opening Date/Time” in COMMBUYS)
3/4/2025 3:00PM
11/24/2026 3:00PM
Late bids will not be considered.
Oral Presentations for Selected Bidder(s)
(Estimated)
Please see section 1.3.3
https://attendee.gototraining.com/957t1/catalog/5152599978190574336
https://attendee.gototraining.com/957t1/catalog/5152599978190574336
https://www.mass.gov/osd-vendor-training
https://www.mass.gov/osd-vendor-training
https://www.screencast.com/t/GMJLKkilF12
REQUEST FOR RESPONSE Executive Search Firm
RFR Executive Search Firm COMMBUYS BID NUMBER BD-25-1030-CPO1-CPO1-112673 Page 2
Document Sensitivity Level: High during development; Low once published.
Notification of Apparent Successful Bidder(s)
(Estimated)
3/17/2025
12/1/2026
Estimated Contract Start Date (actual start
date will be the contract effective date, which
is the date the contract is executed by the
parties)
4/1/2025
Note: See Appendix 2, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for
instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.
Visit https://www.mass.gov/doc/vendor-schedule/download for additional Instructor-Led Training and Webinar dates.
Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict
between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on
COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS
for Procurement Calendar updates.
1.3.1 Submission of Bid Questions
The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers
regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid,
and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid
Q & A page.
All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline
stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to
respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS
and appear on the Bid Q & A page.
Questions submitted to the SST outside of COMMBUYS will not be answered.
Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but
not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or
collusory. The SST reserves the right to edit or delete any inappropriate content.
All answers are final when posted. Any subsequent revisions to previously provided answers will be
dated.
1.3.2 Bid Amendment Deadline
Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date,
Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final
versions of RFR and its attachments are available after the Bid Amendment Deadline date.
The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s
responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q &
A records related to this Bid. The SST 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. At the SST’s discretion, the Bid Amendment Deadline may be extended. As
stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and
updates.
1.3.3 Oral Presentations/Product Demonstrations
Oral presentations are not guaranteed and will be at the discretion of the SST. Selected Bidders who are asked
to participate in Oral Presentations / Product Demonstrations will be expected to prioritize this in their schedules.
The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to
appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points
or other action that the SST deems appropriate.
https://www.mass.gov/doc/vendor-schedule/download
REQUEST FOR RESPONSE Executive Search Firm
RFR Executive Search Firm COMMBUYS BID NUMBER BD-25-1030-CPO1-CPO1-112673 Page 3
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1.3.4 Late Bids will not be Considered
Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening
Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible
for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms
electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow
sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your
proposal when the deadline is reached, the system will stop the process and you will be unable to submit your
Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow
time to obtain assistance from the OSD Help Desk if needed.
1.3.5 Debriefing
The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification
that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the
debriefing.
1.4 Additional Bid Information
1.4.1 Anticipated Contract Duration:
The term of this Contract is five (5) years.
No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be
executed after the Contract has expired.
1.4.2 Estimated Value of the Contract
The estimated value of purchase(s) resulting from this Bid is $60k-100k annually. The Department of
Transportation makes no guarantee that any commodities or services will be purchased from any Contract
resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for
the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.
1.4.3 Estimated Number of Awards
MassDOT intends to award multiple vendors.
1.4.4 Adding Contractors after initial Contract Award
MassDOT and the SST may determine during the life of this contract that additional Contractors are necessary
to meet Buyer’s needs and/or to obtain additional products or services. Additional Contractors may first be drawn
from qualified Bidders which responded to this Bid but were not awarded contracts and/or the Bid may be
reopened to obtain Quotes from additional Bidders. Contract reopening will be offered at the sole discretion of
MassDOT.
1.4.5 RFR Submission Checklist
Strategic Sourcing Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions.
Therefore, Bidders must complete and submit the RFR Submission Checklist, and all documents referenced in the
Checklist.
1.4.6 Acquisition Method(s):
Check All
Applicable (“X”):
Category
Fee-For-Service
Outright Purchase
Rental (not to exceed 6 months)
Term Lease
License
Other:
REQUEST FOR RESPONSE Executive Search Firm
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1.4.7 Entities Eligible to Use the Resulting Contract
Any contract resulting from this Bid will be open for use only by MassDOT and the Massachusetts Bay
Transportation Authority.
2 BIDDER QUALIFICATIONS
2.1 Company experience
Bidders must have demonstrated experience in conducting national searches for executive professionals, the
recruitment of diverse and qualified candidates and management of public search processes. Respondents with
demonstrated experience in recruiting diverse candidates and executive searches for a State or Federal government
agency will be preferred.
The bidder must demonstrate:
▪ A track record of identifying and recruiting outstanding candidates and emerging talent in various
executive roles
▪ Evidence of successful placements in high level executive roles, demonstrating an understanding
of what constitutes a good fit for executive positions in government.
▪ Successful experience working collaboratively and effectively with state government agencies,
and/or human resource agencies in searching for Executive level personnel.
▪ Deep knowledge of specific sectors relevant to MassDOT’s core business (e.g., transportation,
Aeronautics, Rail, Transit, Engineering and Administration).
▪ Proficiency in evaluating candidates through structured interviews, behavioral assessments,
reference checks, and background verification.
▪ Established connections within the public sector, including potential candidates and decision-
makers.
▪ Ability to consult with stakeholders to understand their needs and the specific requirements of the
role. Including incorporating feedback throughout the process to more closely meet expectations.
▪ Commitment to a positive candidate experience, including maintaining confidentiality and adhering
to ethical standards in the hiring process.
▪ Dedication to communication and transparency throughout the process, providing regular updates
and status on potential candidates.
▪ Customized recruitment approach tailored to specific position and Agency needs and requirements.
▪ Prioritization of discretion and confidentiality while dealing with sensitive information and situations
throughout the search process.
2.1.1 Business background
2.1.2 Years in the industry of the Bid
Bidders must have been in the business of providing Executive Search services for at least the three (3) most
recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement
Calendar).
In the case of companies formed fewer than three (3) years prior to this date via merger, acquisition or some
other means, the SST may consider the experience of all companies involved in the merger or acquisition.
2.2 Financial stability including bankruptcy, litigation and contract defaults
2.2.1 Certificate of Financial Good Standing
Bidders must provide a Certificate of Financial Good Standing from the Department of Revenue (DOR). Visit DOR
website https://www.mass.gov/orgs/massachusetts-department-of-revenue for more information.
For out of state Bidder: if a certificate from DOR is not available, Bidder must provide documentation/ justification
to be reviewed by the SST. The SST reserves the right to request additional information/ clarification.
https://www.mass.gov/orgs/massachusetts-department-of-revenue
REQUEST FOR RESPONSE Executive Search Firm
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2.2.2 Bankruptcy, litigation, and contract defaults
Bidders must provide in the Bidder Response Form a list of any outstanding contingencies, such as lawsuits or
other claims or charges, against the Bidder related to performance of the services sought under this RFR.
3 SERVICE SPECIFICATIONS
3.1 Response Requirements
3.1.1 Company Narrative
Bidders should provide company background; experience working with State or Government agencies and
resumes of key personnel.
Include a list of contracts the vendor has had during the last five years for similar entities to the Commonwealth
that demonstrate the vendor’s ability to perform the services needed under this RFR.
Bidders should provide examples of candidates who were sought out and placed with a mix of
agencies/businesses.
3.1.2 Cost Proposal
Proposals must specifically set forth the proposed vendor’s professional fees and all anticipated expenses,
including expenses related to travel, in a "not to exceed" amount.
3.1.3 References and reference information and/or requirements
Bidders are required to submit three (3) references that have utilized your company’s services in the category in
which you are bidding within the last 2 (two) years immediately preceding the RFR submission deadline. One of
the three references must be from a State or Government agency. If a bidder cannot provide a reference from a
state or government agency they may be disqualified.
The SST reserves the right to contact references if needed.
3.2 Small Business Purchasing Program
3.2.1 Program Background
The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to
increase state contracting opportunities with small businesses having their principal place of business within the
Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small
Procurement to one or more SBPP participating business(es) as described below.
3.2.2 SBPP Award Preference
While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an
SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be
awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP
participants unless no SBPP Bidder meets the SST’s best value evaluation criteria.
3.2.3 SBPP Participation Eligibility
To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be
marked as an SBPP registered business in COMMBUYS:
1. Have its principal place of business in the Commonwealth of Massachusetts;
2. Been in business for at least one year;
3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a
combined total of 26,000 hours per quarter; and
4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.
Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office
and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue
Code.
3.2.4 SBPP Compliance Requirements
It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and
throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from
https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting
https://www.commbuys.com/bso/
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consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP,
including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.
3.2.5 Program Resources and Assistance
Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at
sbpp@mass.gov.
3.2.6 Executive Order 515, Establishing an Environmental Purchasing Policy
In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was
signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information,
Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-
general-information-requirements-and-guidance/download.
Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for
Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the
Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be
viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example:
Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all
eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other
environmental impacts when planning for and executing projects related to the design, construction, operations,
and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594:
Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-
decarbonizing-and-minimizing-environmental-impacts-of-state-government.
3.2.7 Prompt Pay Discount
All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount
(PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that
it would be unduly burdensome.
Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless
otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best
interest of the Commonwealth.
The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program
would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly
burdensome, the specific reason must be documented in the Bidder’s Quote.
3.2.8 Authorized Price Changes
Pricing shall be fixed for the life of the contract. Adjustments may be requested in writing by the Contractor with
appropriate justification for approval by the SST. Any request must be supported by written evidence documenting
the change in costs. Request for an increase does not guarantee approval.
4 EVALUATION CRITERIA
Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation
and/or enter negotiations with the Commonwealth to receive a Contract award.
4.1 Mandatory requirements
Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain
mandatory specifications have desirable components that may be evaluated by the SST. The SST reserves the right, in its
discretion, to determine if non-compliance with a Mandatory Specification is insignificant or may be easily corrected.
Bid sections that include terms such as: “must,” “shall,” “will,” and “required” are mandatory. Failure to meet the
requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in
the disqualification of a Bidder's proposal.
4.2 Evaluation Components
The following components will be some of the criteria considered by the SST when evaluating each quote, the order below
does not indicate level of importance.
http://www.mass.gov/sbpp
http://www.mass.gov/sbpp
mailto:sbpp@mass.gov
https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy
https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download
https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download
https://malegislature.gov/Bills/192/S9
https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government
https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government
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• Cost Proposal - Understand the firm's fee structure, including contingency vs. retained search
models. Assess the value provided relative to the cost.
• Quality of the Company Narrative - Assess the firm’s knowledge of government structures,
processes, regulations, and challenges that are unique to the public sector and MassDOT’s areas
of core business.
• Experience and Track Record - Review the firm’s history in successfully placing executives within
government agencies or similar public sector organizations. Determine if the firm has experience
in recruiting for the specific area or sector relevant to MassDOT
• References - Review case studies that showcase ability to place executive candidates within the
public sector and a positive candidate experience.
• Post Placement Support - What support is offered after placements, such as onboarding
assistance or follow-up evaluations to ensure a successful transition.
• Candidate Assessment Methods- Structured interviews, assessments, reference checks, and
background verification.
• Recruitment Approach- What approaches are used to find potential candidates, how can they be
customized, and span of network
• Communication Strategy- Cadence on potential candidate progression updates, plan to
incorporate stakeholder/role needs and requirements, and confidentiality policies.
4.3 Best Value Selection and Negotiation
The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that
will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element
of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower
costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.
5 INSTRUCTIONS FOR SUBMISSION OF RESPONSES
The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.
Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning
how to submit a Quote, please see Appendix 2.
5.1 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 of the Bid in COMMBUYS. By selecting “Save
& Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter
attests that she/he/they is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that she/he/they
has read and assented to each document’s terms.
5.2 Acceptable Forms of Signature
Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer
(EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within
the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR
will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature”
(ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch
screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures
affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be
visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised
that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-
generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.
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5.3 Limits and Restrictions
5.3.1 File Size Limits
The system will not accept files that approach or exceed 500 MB. If a large file fails to upload, the Bidder must
save the contents as multiple files. Note the naming convention used in section named “File Naming
Conventions” which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.
5.3.2 File Format Restrictions
All scanned documents must be in .pdf or .gif format 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. Forms provided for the
Bidder to complete, must be completed, and submitted in their original formats, NOT scanned and submitted as
PDF or other file types.
5.4 General Quote Requirements, Provisions, and Prohibitions
5.4.1 Quote Content
Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered
as part of the Quote, unless otherwise specified in the Bid.
5.4.2 Non-Collusion
By submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been
submitted without any communication, collaboration, or without any agreement, understanding or planned
common course or action with, any other Bidder of the commodities and/or services described in the RFR.
5.4.3 Multiple Quotes
Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. If a Bidder
submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated
quote submitted prior to the bid opening date will be evaluated.
5.4.4 Withdrawing a Quote
Prior to Bid Opening Date/Time
Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote in
COMMBUYS.
After Bid Opening Date/Time
Quotes may not be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from
consideration, contact the Strategic Sourcing Services Lead for guidance.
5.4.5 Bidder’s Contact Information
It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person.
The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The
SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if
technical problems, including those with the Bidder’s computer, network, or internet service provider (ISP), cause
e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or
spam filtering.
5.4.6 Ownership of Submitted Quotes
The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this
RFR. 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 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 their COMMBUYS account, if their account is active.
5.4.7 Prohibitions
Bidders are prohibited from communicating directly with any employee of the procuring Department or any
member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth
employee or representative is authorized to provide any information or respond to any question or inquiry
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concerning this RFR. Bidders may contact the contact person using the contact information provided in the
Header Information this Bid if this RFR is incomplete or information is missing. Bidders experiencing technical
problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see
the document cover page for contact information).
5.4.8 Prohibition regarding contract terms
Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying
language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the
Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR.
Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only
those terms and conditions. Contractors who wish to propose additional non-conflicting contractual terms, or
supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific
engagement and memorialized in the Project Statement of Work.
5.4.9 Public Records Law
All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records
Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted
Quotes that are inconsistent with these statutes shall be disregarded.
5.4.10 Reasonable Accommodation
Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR
information in an alternative format, must communicate such requests in writing to the contact person. Requests
for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit
a written statement which describes the Bidder’s disability and the requested accommodation to the contact
person for the RFR. The SST reserves the right to reject unreasonable requests.
6 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD
The requirements below are specific to the Contract, if any, awarded as a result of this Bid.
6.1 Required Forms
DO NOT SUBMIT THESE FORMS UNTIL INSTRUCTED TO DO SO. The Commonwealth of Massachusetts
requires Contractors apparent successful bidders to submit the following forms:
• Standard Contract Form (watermarked version attached for reference)
By executing this document, the Bidder certifies, under the pains and penalties of perjury, that it has
submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized
signatory, and that the Bidder’s Response may be subject to negotiation by the SST. Also, the terms of the
RFR, the Bidder’s Response, and any negotiated terms shall be deemed accepted by the Department and
included as part of the Contract upon execution of this document by the State Purchasing Agent or his
designee.
If the Bidder does not have a Vendor Code beginning with “VC” or does not know their Vendor Code , the
Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned
prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.
• Commonwealth Terms and Conditions (signing the Standard Contract Form signifies acceptance of the
Commonwealth Terms and Conditions) (watermarked version attached for reference)
If the Bidder has executed and filed the appropriate Commonwealth Terms and Conditions form pursuant to
another RFR or Contract, a copy of this form may be included in . If the Bidder’s name, address, or Tax ID
Number have changed since the Commonwealth Terms and Conditions form was executed, a new
Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are
hereby incorporated into any Contract executed pursuant to this RFR.
This form must be unconditionally signed by one of the authorized signatories (see Contractor Authorized
Signatory Listing, below), and submitted without alteration. If the provisions in this document are not
accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation
may be deemed non-responsive.
https://www.mass.gov/lists/osd-forms
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The company’s correct legal name and legal address must appear on this form, and must be identical to the
legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass.
Substitute W9 Form).
• Contractor Authorized Signatory Listing
In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals
authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are
advised to keep this list as small as possible, as Contractors will be required to notify the Procurement
Manager of any changes. If the person signing in the signature block at the bottom of the first page of this
form also will serve as an “Authorized Signatory,” that person’s name must be included in the typed table.
With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer,
Chief Fiscal Officer, Corporate Clerk, or Legal Counsel for the Contractor…,” if your organization does not
have these titles, cross them out and handwrite the appropriate title above the paragraph.
The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional.
However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In
the case of Statewide Contracts, however, this page is required, not optional. The person signing this page
must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions,
and the RFR Checklist.
Please note that in two places where the form states “in the presence of a notary,” this should be interpreted
to mean “in the virtual presence of a notary or corporate clerk/secretary.” Either a notary or corporate
clerk/secretary may authenticate the form; only one is required.
Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a
Corporate Seal to complete this document.
• Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)
If a Bidder previously submitted a Request for Taxpayer Identification and Certification Number (Mass.
Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not
required. A copy of the form as filed may be included. If the Bidder’s name, address, or Tax ID Number have
changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required.
The information on this form will be used to record the Bidder’s legal address and where payments under a
State Contract will be sent. The company’s correct legal name and legal address must appear on this form,
and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions.
Please do not use the U.S Treasury’s version of the W9 Form.
• Electronic Funds Transfer Sign Up Form
Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online
Quote submission tool must still submit the above forms within seven (7) calendar days of award notification or
their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the
Commonwealth and have up-to-date, ink-signature version of the Request for Taxpayer Identification and
Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the
signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing must be
submitted for each new contract with the Commonwealth. Please note that the Commonwealth deems void any
changes made on or by attachment to the terms in any of these published forms and that, by submitting a bid in
response to this RFR, the bidder agrees that they will sign these forms if notified that they are an apparent
successful bidder. Please refer to section 7.2 Acceptable Form of Signature.
6.1.1 Changes to Contractor’s information
Changes to the Contractor’s contact information, company name, legal address, payment address, tax
identification number, authorized signatories, SDO-certification status, or EFT information must be promptly
reported via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required
to effect the change.
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Document Sensitivity Level: High during development; Low once published.
6.1.2 Contractual Status of Orders and Service Contracts
Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities
shall be considered separate Contracts between the Eligible Entity and the Contractor, and shall be deemed to
incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract
shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s
Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s
Quote, may be included in an order or service contract if mutually agreed upon by the Contractor and eligible
entity.
6.1.3 Publicity
Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information
collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee
names, telephone numbers, addresses, or other information except as specifically authorized by the SST.
6.1.4 Requesting price adjustments only in accordance with the Contract
6.2 Performance Measures
6.2.1 Failure to Perform Contractual Obligations
Failure to comply with contractual requirements will result in corrective actions, including, but not limited to
implementation of corrective action plans and contract termination.
6.2.2 Audit
During the term of this Agreement and for a period of six years thereafter, the Department of Transportation, its
auditors, the Operational Services Division, the Office of the Inspector General, the Office of the Attorney General,
or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting
records, including sales information on any system, reports, or files, in order to audit all records relating to goods
sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially
underreported Sales, then the Vendor shall be responsible for payment of the costs associated with the audit.
6.3 Payment Related Terms
6.3.1 Bill Payment
All invoices issued pursuant to this contract are payable in accordance with the Comptroller’s Bill Payment Policy:
https://www.powerdms.com/public/MAComptroller/documents/1779647
6.3.2 Late Payment Fees
Late Payment fees may be assessed only as authorized by the Office of the Comptroller:
https://www.mass.gov/doc/815-cmr-4-late-penalty-interest/download
6.3.3 Electronic Funds Transfer (EFT)
All Awarded Contractors must agree to participate in the Commonwealth Electronic Funds Transfer (EFT)
program for receiving payments. Additional information about EFT is available on the Comptroller’s VendorWeb
site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp
Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the
“Authorization for Electronic Funds Payment Form” to the SST for review, approval and forwarding to the Office
of the Comptroller, unless already enrolled in EFT. This Form shall be supplied to the vendor upon contract award.
This form, and all information contained on this form, shall not be considered a public record and shall not be
subject to public disclosure through a public records request.
6.3.4 Tax Exemption
Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax.
7 RFR APPENDICES
Appendix 1: Required Terms for all RFRs
Appendix 2: Instructions for Vendors Responding to Bids Electronically through COMMBUYS
https://www.powerdms.com/public/MAComptroller/documents/1779647
https://www.mass.gov/doc/815-cmr-4-late-penalty-interest/download
https://massfinance.state.ma.us/VendorWeb/vendor.asp
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Document Sensitivity Level: High during development; Low once published.
7.1 APPENDIX 1: Required Terms for all RFRs
7.1.1 General Procurement Information
7.1.1.1 Access to security-sensitive information
Bidders agree to adhere to this section if an eligible entity provides a Contractor with security-sensitive
information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the
Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread
public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures,
schematic drawings, which relate to internal layout and structural elements, security measures, emergency
preparedness, threat, or vulnerability assessments, and/or any other records relating to the security or safety
of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information
technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are
interested in accessing this information for the purpose of preparing a Quote must, before being allowed to
access the information, sign a confidentiality agreement, thereby agreeing to:
i. restrict the use of these sensitive records for any other purpose than as authorized and for the purpose
of putting together a bid proposal.
ii. safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth
Terms and Conditions); and
iii. return such records and materials to the Commonwealth upon completion of the project.
7.1.1.2 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 Quote.
7.1.1.3 COMMBUYS Support
Technical assistance is available during the procurement process. Every effort is made to respond to inquiries
within one business day.
Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings,
job aids, and training schedules for buyers, among others.
Email: Send inquiries to the OSD Help Desk 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 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.
Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of
which all users will be notified.
7.1.1.4 COMMBUYS Market Center
COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at
www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments,
and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as
referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.
Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A
supports Bidder submission of written questions associated with a Bid and publication of official answers.
It is each Bidder’s responsibility to check COMMBUYS for:
i. Any amendments, addenda, or modifications to this Bid, and
ii. Any Bid Q&A records related to this Bid.
The Commonwealth accepts 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.
7.1.1.5 COMMBUYS Registration
Bidders may elect to obtain a free COMMBUYS Vendor registration which provides value-added features,
including automated email notification associated with postings and modifications to COMMBUYS records.
However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Vendor profile.
http://www.mass.gov/osd/commbuys
mailto:OSDHelpDesk@mass.gov
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RFR Executive Search Firm COMMBUYS BID NUMBER BD-25-1030-CPO1-CPO1-112673 Page 13
Document Sensitivity Level: High during development; Low once published.
All Bidders submitting a Quote in response to this Bid agree that, if awarded a contract: (1) they will maintain
an active vendor account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate
and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply
with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of
purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is
activated; (4) in the event the Commonwealth adopts an alternate market center system, successful Bidders
will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes
are based on the United Nations Standard Products and Services Code (UNSPSC).
7.1.2 Terms and Requirements Pertaining to Awarded Contracts
7.1.2.1 Contractor’s Contact Information
It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this
information changes, the Contractor must notify the Contract Manager by email immediately, using the address
located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.
The SST and the Commonwealth assume no responsibility if a Contractor’s designated email address is not
current, or if technical problems, including those with the Contractor’s computer, network, or internet service
provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any
means including email or spam filtering.
7.1.2.2 Subcontracting Policies
Prior approval of the department is required for any subcontracted service of the Contract. Contractors are
responsible for the satisfactory performance and adequate oversight of their subcontractors.
7.1.2.3 HIPAA: Business Associate Contractual Obligations
Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient
language establishing the successful bidder’s contractual obligations, if any, that the department will require in
order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder
(45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines
that the successful bidder is a business associate performing functions or activities involving protected health
information, as such terms are used in the Privacy and Security Rules, then the department will include in the
RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the
privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including,
but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health
information (in whatever form it is maintained or used, including verbal communications); provide individuals
access to their records; and strictly limit use and disclosure of the protected health information for only those
purposes approved by the department. Further, the department reserves the right to add any requirement during
the course of the contract that it determines it must include in the contract in order for the department to comply
with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if
applicable.
7.2 APPENDIX 2: Instructions for Vendors Responding to Bids Electronically through COMMBUYS
Introduction
COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB),
Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”
Steps for Bidders to Submit a Quote
1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.
2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in
COMMBUYS to submit a Quote. Each contractor has a COMMBUYS Seller Administrator, who is responsible for
maintaining authorized user access to COMMBUYS.
3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control
Center. The Control Center is where documents assigned to your role are easily accessed and viewed.
4. Click on the Bids tab
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Document Sensitivity Level: High during development; Low once published.
5. Clicking on the Bid tab opens four sections:
a. Request for Revision
b. Bids/Bid Amendments
c. Open Bids
d. Closed Bids
6. Click on the blue Open Bid hyperlinks to open and review an open bid
7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of
the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.
8. After acknowledgement, the bid will open.
The top left half of the page contains the following information:
a. Purchaser
b. Department
c. Contact for this bid
d. Type of purchase
i. Open Market
ii. Blanket
e. Pre-Bid Conference details (if applicable)
f. Ship-to and Bill-to addresses
g. Any attachments to the bid, which may include essential bid terms, response forms, etc.
The top right half of the bid includes the following information:
h. Bid Date
i. Required Date
j. Bid Opening Date – date the bid closes and no further quotes will be accepted
k. Informal Bid Flag
l. Date goods/services are required
9. The lower half of the page provides information about the specific goods/services the bid is requesting.
10. Click Create Quote to begin.
11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to
update include:
a. Delivery days
b. Shipping terms
c. Ship via terms
d. Is “no” bid – select if you will not be submitting a quote for this bid
e. Promised Date
f. Info Contact
g. Comments
h. Discount Percent
i. Freight Terms
j. Payment Terms
It is important to note that the bid documents (RFR and attachments) may specify some or all these terms and may
prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that
are applicable to the bid to which you are responding.
Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.
12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can
be submitted. Any message in Yellow is only a warning and will allow processing to continue.
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RFR Executive Search Firm COMMBUYS BID NUMBER BD-25-1030-CPO1-CPO1-112673 Page 15
Document Sensitivity Level: High during development; Low once published.
13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details
about an item, click the item number (blue hyperlink) to open.
14. The item opens. Input all your quote information and click Save & Exit.
15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid
response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading
each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit.
Be sure to review your attachments to make sure each required document has been submitted.
16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and
conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those
exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR or required
Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or
will result in disqualification of your bid.
17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the
Submit Quote button at the bottom of the page.
18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.
19. The Summary tab redisplays with an updated Status for the quote of Submitted.
20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have
submitted a quote and have not received an email confirmation, please contact the OSD Help Desk at
COMMBUYS@mass.gov.
If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the
bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the
issuing entity or the bid opening date, whichever is earlier.
Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you
submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid
opening date will be evaluated.
1 INTRODUCTION AND BID OVERVIEW
1.1 Summary Description of Procurement
1.2 Applicable Procurement Law
1.3 Estimated Procurement Calendar
1.3.1 Submission of Bid Questions
1.3.2 Bid Amendment Deadline
1.3.3 Oral Presentations/Product Demonstrations
1.3.4 Late Bids will not be Considered
1.3.5 Debriefing
1.4 Additional Bid Information
1.4.1 Anticipated Contract Duration:
1.4.2 Estimated Value of the Contract
1.4.3 Estimated Number of Awards
1.4.4 Adding Contractors after initial Contract Award
1.4.5 RFR Submission Checklist
1.4.6 Acquisition Method(s):
1.4.7 Entities Eligible to Use the Resulting Contract
2 Bidder Qualifications
2.1 Company experience
2.1.1 Business background
2.1.2 Years in the industry of the Bid
2.2 Financial stability including bankruptcy, litigation and contract defaults
2.2.1 Certificate of Financial Good Standing
2.2.2 Bankruptcy, litigation, and contract defaults
3 Service Specifications
3.1 Response Requirements
3.1.1 Company Narrative
3.1.2 Cost Proposal
3.1.3 References and reference information and/or requirements
3.2 Small Business Purchasing Program
3.2.1 Program Background
3.2.2 SBPP Award Preference
3.2.3 SBPP Participation Eligibility
3.2.4 SBPP Compliance Requirements
3.2.5 Program Resources and Assistance
3.2.6 Executive Order 515, Establishing an Environmental Purchasing Policy
3.2.7 Prompt Pay Discount
3.2.8 Authorized Price Changes
4 EVALUATION CRITERIA
4.1 Mandatory requirements
4.2 Evaluation Components
4.3 Best Value Selection and Negotiation
5 INSTRUCTIONS FOR SUBMISSION OF RESPONSES
5.1 Electronic Signatures
5.2 Acceptable Forms of Signature
5.3 Limits and Restrictions
5.3.1 File Size Limits
5.3.2 File Format Restrictions
5.4 General Quote Requirements, Provisions, and Prohibitions
5.4.1 Quote Content
5.4.2 Non-Collusion
5.4.3 Multiple Quotes
5.4.4 Withdrawing a Quote
Prior to Bid Opening Date/Time
After Bid Opening Date/Time
5.4.5 Bidder’s Contact Information
5.4.6 Ownership of Submitted Quotes
5.4.7 Prohibitions
5.4.8 Prohibition regarding contract terms
5.4.9 Public Records Law
5.4.10 Reasonable Accommodation
6 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD
6.1 Required Forms
6.1.1 Changes to Contractor’s information
6.1.2 Contractual Status of Orders and Service Contracts
6.1.3 Publicity
6.1.4 Requesting price adjustments only in accordance with the Contract
6.2 Performance Measures
6.2.1 Failure to Perform Contractual Obligations
6.2.2 Audit
6.3 Payment Related Terms
6.3.1 Bill Payment
6.3.2 Late Payment Fees
6.3.3 Electronic Funds Transfer (EFT)
6.3.4 Tax Exemption
7 RFR APPENDICES
7.1 APPENDIX 1: Required Terms for all RFRs
7.1.1 General Procurement Information
7.1.1.1 Access to security-sensitive information
7.1.1.2 Alterations
7.1.1.3 COMMBUYS Support
7.1.1.4 COMMBUYS Market Center
7.1.1.5 COMMBUYS Registration
7.1.2 Terms and Requirements Pertaining to Awarded Contracts
7.1.2.1 Contractor’s Contact Information
7.1.2.2 Subcontracting Policies
7.1.2.3 HIPAA: Business Associate Contractual Obligations
7.2 APPENDIX 2: Instructions for Vendors Responding to Bids Electronically through COMMBUYS
📄 MassDOT-Standard-Contract-Form-for-Review1.doc (Parsed Contract Document)
COMMONWEALTH OF MASSACHUSETTS MASSDOT STANDARD CONTRACT FORM This form is issued and published by the Massachusetts Department of Transportation (MassDOT or Department). Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as part of this Contract without prior Department approval. MassDOT deems void any changes made on or by attachment (in the form of addendum, engagement letters, contract forms or invoice terms) to the terms in this published form or to the Standard Contract Form Instructions and Contractor Certifications, the MassDOT Terms and Conditions, MassDOT IT Terms and Conditions which are incorporated by reference herein. Click on hyperlinks for definitions, instructions and legal requirements that are incorporated by reference into this Contract. CONTRACTOR LEGAL NAME: (and d/b/a): DEPARTMENT NAME: Massachusetts Department of Transportation MMARS Department Code: DOT Legal Address: (W-9, W-4,T&C): Business Mailing Address: Contract Manager: Billing Address (if different): E-Mail: Contract Manager: Phone: Fax: E-Mail: Contractor Vendor Code: Phone: Fax: Vendor Code Address ID (e.g. “AD001”): AD . (Note: The Address Id Must be set up for EFT payments.) MMARS Doc ID(s): RFR/Procurement or Other ID Number: ___ NEW CONTRACT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) __ Statewide Contract (OSD or an OSD-designated Department) __ Collective Purchase (Attach OSD approval, scope, budget) __ Department Procurement (includes State or Federal grants 815 CMR 2.00) (Attach RFR and Response or other procurement supporting documentation) __ Emergency Contract (Attach justification for emergency, scope, budget) __ Contract Employee (Attach Employment Status Form, scope, budget) __ Interim Contract with new Contractor (Attach justification for Interim Contract and updated scope/budget) __ Other Procurement Exception: (Attach authorizing language/justification, scope and budget) ___ CONTRACT AMENDMENT Enter Current Contract End Date Prior to Amendment: , 20 . Enter Amendment Amount: $ . (or “no change”) AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.) __ Amendment to Date, Scope or Budget (Attach updated scope and budget) __ Interim Contract (Attach justification for Interim Contract and updated scope/budget) __ Contract Employee (Attach any updates to scope or budget) __ Other Procurement Exception: (Attach authorizing language/justification and updated scope and budget) The Standard Contract Form Instructions, Contractor Certifications and the MassDOT Terms and Conditions documents are incorporated by reference into this Contract and are legally binding ___ __ MassDOT TERMS AND CONDITIONS ___ MassDOT IT TERMS AND CONDITIONS COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for MassDOT/Commonwealth owed debts under 815 CMR 9.00. __ Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.) __ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $ . PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __ % PPD; Payment issued within 20 days __ % PPD; Payment issued within 30 days __% PPD. If PPD percentages are left blank, identify reason: __agree to standard 45 day cycle __ statutory/legal or Ready Payments (G.L. c. 29, § 23A); __ only initial payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.) BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.) SUPPLIER DIVERSITY PROGRAM (SDP) PLAN Does the Supplier Diversity Program apply? Yes If YES, the Contractor’s annual SDP commitment for this Contract is X No If NO, enter the appropriate exemption Procurement under 250k SBPP applies. ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations: __ 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date. __ 2. may be incurred as of , 20 , a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. __3. were incurred as of , 20 , a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of , 20 , with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor certifies that they have accessed and reviewed all documents incorporated by reference as electronically published and the Contractor makes all certifications required under the Standard Contract Form Instructions and Contractor Certifications under the pains and penalties of perjury, and further agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the MassDOT Terms and Conditions http://transnet/docs/ComApp/MassDOTTermsandConditions.doc or IT Terms and Conditions, this Standard Contract Form, the Standard Contract Form Instructions, Contractor Certifications, , the Request for Response (RFR) or other solicitation, the Contractor’s Response (excluding any language stricken by the Department as unacceptable), and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract. AUTHORIZING SIGNATURE FOR THE CONTRACTOR: X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature or conform to the MassDOT Electronic Signature Policy, as in effect from time to time) Print Name: . Print Title: . AUTHORIZING SIGNATURE FOR MassDOT: X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature, or conform to the MassDOT Electronic Signature Policy, as in effect from time to time) Print Name: . Print Title: . INSTRUCTIONS The following instructions, Contractor Certifications and the MassDOT Terms and Conditions are incorporated by reference into an executed MassDOT Standard Contract Form. Instructions are provided to assist with Completion of the MassDOT Standard Contract Form. Additional terms are incorporated by reference. Links to legal citations are to unofficial versions and Contractors should consult with their legal counsel to ensure compliance with all legal requirements. Please note that not all applicable laws have been cited. CONTRACTOR LEGAL NAME (AND D/B/A): Enter the Full Legal Name of the Contractor's business as it appears on the Contractor's W-9 or W-4 Form (Contract Employees only) and the MassDOT Terms and Conditions If Contractor also has a “doing business as” (d/b/a) name, BOTH the legal name and the “d/b/a” name must appear in this section. Contractor Legal Address: Enter the Legal Address of the Contractor as it appears on the Contractor's W-9 or W-4 Form (Contract Employees only) and the MassDOT Terms and Conditions, which must match the legal address on the 1099I table in MMARS (or the Legal Address in HR/CMS for Contract Employee). Contractor Contract Manager: Enter the authorized Contract Manager who will be responsible for managing the Contract. The Contract Manager should be an Authorized Signatory or, at a minimum, a person designated by the Contractor to represent the Contractor, receive legal notices and negotiate ongoing Contract issues. The Contract Manager is considered “Key Personnel” and may not be changed without the prior written approval of the Department. If the Contract is posted on COMMBUYS, the name of the Contract Manager must be included in the Contract on COMMBUYS. Contractor E-Mail Address/Phone/Fax: Enter the electronic mail (e-mail) address, phone and fax number of the Contractor Contract Manager. This information must be kept current by the Contractor to ensure that the Department can contact the Contractor and provide any required legal notices. Notice received by the Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or electronic mail address will meet any written legal notice requirements. Contractor Vendor Code: The Department must enter the MMARS Vendor Code assigned by the Commonwealth. If a Vendor Code has not yet been assigned, leave this space blank and the Department will complete this section when a Vendor Code has been assigned. The Department is responsible under the Vendor File and W-9s Policy for verifying with authorized signatories of the Contractor, as part of contract execution, that the legal name, address and Federal Tax Identification Number (TIN) in the Contract documents match the state accounting system. Vendor Code Address ID: (e.g., “AD001”) The Department must enter the MMARS Vendor Code Address Id identifying the payment remittance address for Contract payments, which MUST be set up for EFT payments PRIOR to the first payment under the Contract in accordance with the Bill Paying and Vendor File and W-9 policies. COMMONWEALTH DEPARTMENT NAME: Enter the full Department name with the authority to obligate funds encumbered for the Contract. Commonwealth MMARS Alpha Department Code: Enter the three (3) letter MMARS Code assigned to this Commonwealth Department in the state accounting system. Department Business Mailing Address: Enter the address where all formal correspondence to the Department must be sent. Unless otherwise specified in the Contract, legal notice sent or received by the Department’s Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or electronic mail address for the Contract Manager will meet any requirements for legal notice. Department Billing Address: Enter the Billing Address or email address if invoices must be sent to a different location. Billing or confirmation of delivery of performance issues should be resolved through the listed Contract Managers. Department Contract Manager: Identify the authorized Contract Manager who will be responsible for managing the Contract, who should be an authorized signatory or an employee designated by the Department to represent the Department to receive legal notices and negotiate ongoing Contract issues. Department E-Mail Address/Phone/Fax: Enter the electronic mail (e-mail) address, phone and fax number of the Department Contract Manager. Unless otherwise specified in the Contract, legal notice sent or received by the Contract Manager (with confirmation of actual receipt) through the listed address, fax number(s) or electronic mail address will meet any requirements for written notice under the Contract. MMARS Document ID(s): Enter the MMARS 20-character encumbrance transaction number associated with this Contract which must remain the same for the life of the Contract. If multiple numbers exist for this Contract, identify all Doc Ids. RFR/Procurement or Other ID Number or Name: Enter the Request for Response (RFR) or other Procurement Reference number, Contract ID Number or other reference/tracking number for this Contract or Amendment and will be entered into the Board Award Field in the MMARS encumbrance transaction for this Contract. NEW CONTRACTS (left side of Form): Complete this section ONLY if this Contract is brand new or to enter into an Interim Contract with a new Contractor when a current Contractor is unable to complete full performance under a Contract. (Complete the CONTRACT AMENDMENT section for any material changes to an existing or an expired Contract, to enter into an Interim Contract with a current Contractor, and. (Complete the CONTRACT AMENDMENT section for any material changes to an existing or an expired Contract, and for exercising options to renew or annual contracts under a multi-year procurement or grant program.) PROCUREMENT OR EXCEPTION TYPE: Check the appropriate type of procurement or exception for this Contract. Only one option can be selected. See the Office of the Comptroller Guidance for Vendors Policies (State Finance Law and General Requirements, Acquisition Policy and Fixed Assets) and the Operational Services Division Conducting Best Value Procurements Handbook for details. Statewide Contract (OSD or an OSD-designated Department). Check this option for a Statewide Contract under OSD, or by an OSD-designated Department. Collective Purchase approved by OSD. Check this option for Contracts approved by OSD for collective purchases through federal, state, local government or other entities. Department Procurement. Check this option for a Department procurement including state grants and federal sub-grants under 815 CMR 2.00 and State Grants and Federal Subgrants Policy, Departmental Master Agreements (MA). If multi-Department user Contract, identify multi-Department use is allowable in Brief Description. Emergency Contract. Check this option when the Department has determined that an unforeseen crisis or incident has arisen which requires or mandates immediate purchases to avoid substantial harm to the functioning of government or the provision of necessary or mandated services or whenever the health, welfare or safety of clients or other persons or serious damage to property is threatened. Contract Employee. Check this option when the Department requires the performance of an Individual Contractor, and when the planned Contract performance with an Individual has been classified using the Employment Status Form (prior to the Contractor's selection) as work of a Contract Employee and not that of an Independent Contractor. Interim Contracts Check this option for an Interim Contract with a new Contractor whenever an existing Contract has been or will be terminated or suspended for any reason or whenever a current Contractor is unable to complete full performance under a Contract. An Interim Contract may be offered to the bidder that offered the next Best Value response under the original procurement and under the same terms and prices offered in that bidder’s original response. The duration of an Interim Contract shall be limited to the remaining time available under the duration stated in the original RFR, including any options to renew. If the Department is unable to negotiate a Contract with any of the original bidders who submitted responses, in their original rank order according to Best Value, and under the same terms as offered in their original response, the Department will be required to conduct a new competitive procurement. Other Procurement Exception. Check this option when another procurement exception exists, such as legislation with specific language naming the Contractor as a recipient of a grant or contract, an existing legal obligation, a prohibition or other circumstance that exempts or prohibits a Contract from being competitively procured, or identify any other procurement exception not already listed. Legislative “earmarks” exempt the Contract solely from procurement requirements, and all other Contract and state finance laws and policies apply. Supporting documentation must be attached to explain and justify the exemption. CONTRACT AMENDMENT (Right Side of Form) Complete this section for any Contract being renewed, amended or to enter into an Interim Contract with a current Contractor when a new procurement will not be completed prior to the expiration of the current Contract. All Contracts with available options to renew must be amended referencing the original procurement and Contract doc ids, since all continuing contracts must be maintained in the same Contract file (even if the underlying appropriation changes each fiscal year.) “See Amendments, Suspensions, and Termination Policy.) Enter Current Contract End Date: Enter the termination date of the Current Contract being amended, even if this date has already passed. (Note: Current Start Date is not requested since this date does not change and is already recorded in MMARS.) Enter Amendment Amount: Enter the amount of the Amendment increase or decrease to a Maximum Obligation Contract. Enter “no change” for Rate Contracts or if no change. AMENDMENT TYPE: Identify the type of Amendment being done. Documentation supporting the updates to performance and budget must be attached. Amendment to Date, Scope or Budget. Check this option when renewing a Contract or executing an Amendment (“material change” in Contract terms) even if the Contract has lapsed. The parties may negotiate a change in any element of Contract performance or cost identified in the RFR or the Contractor’s response which results in lower costs, or a more cost-effective or better value performance than was presented in the original selected response, provided the negotiation results in a better value within the scope of the RFR than what was proposed by the Contractor in the original selected response. Any “material” change in the Contract terms must be memorialized in a formal Amendment even if a corresponding MMARS transaction is not needed to support the change. Additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract. Interim Contracts. Check this option for an Interim Contract with a current Contractor when a new competitive procurement has been commenced, but due to an unanticipated delay, has not been completed prior to the end of the duration available under the current Contract, as specified in that Contract's original RFR. An Interim Contract may be used to extend the current Contract under the same terms and conditions only for the period necessary to complete the competitive procurement, including the execution of new Contracts. Contract Employee. Check this option when the Department requires a renewal or other amendment to the performance of a Contract Employee. Other Procurement Exception. Check this option when another procurement exception exists, such as legislation with specific language naming the Contractor as a recipient of a grant or contract, an existing legal obligation, prohibition or other circumstance exempts or prohibits a Contract from being competitively procured, or identify any other procurement exception not already listed. Legislative “earmarks” exempt the Contract solely from procurement requirements, and all other Contract and state finance laws and policies apply. Attach supporting documentation to explain and justify the exemption and whether Contractor selection has been publicly posted. MASSDOT TERMS AND CONDITIONS Identify whether the MassDOT Terms and Conditions (TC) or the MassDOT IT Terms and Conditions (TC-IT) is incorporated by reference into this Contract. The Comptroller Expenditure Classification Handbook identifies the applicable Commonwealth Terms and Conditions based upon the object code for the contract. COMPENSATION Identify if the Contract is a Rate Contract (with no stated Maximum Obligation) or a Maximum Obligation Contract (with a stated Maximum Obligation) and identify the Maximum Obligation. If the Contract is being amended, enter the new Maximum Obligation based upon the increase or decreasing Amendment. The Total Maximum Obligation must reflect the total funding for the dates of service under the contract, including the Amendment amount if the Contract is being amended. The Maximum Obligation must match the MMARS encumbrance. Funding and allotments must be verified as available and encumbered prior to incurring obligations. If a Contract includes both a Maximum Obligation component and Rate Contract component, check off both, specific Maximum Obligation amounts or amended amounts and Attachments must clearly outline the Contract breakdown to match the encumbrance. PAYMENTS AND PROMPT PAY DISCOUNTS Payments are processed within a 45 day payment cycle through EFT in accordance with the Commonwealth Bill Paying Policy for investment and cash flow purposes. Departments may NOT negotiate accelerated payments and Payees are NOT entitled to accelerated payments UNLESS a prompt payment discount (PPD) is provided to support the Commonwealth’s and MassDOT’s loss of investment earnings for this earlier payment, or unless a payments is legally mandated to be made in less than 45 days (e.g., construction contracts, Ready Payments under G.L. c. 29, s. 23A). See Prompt Pay Discounts Policy. PPD are identified as a percentage discount which will be automatically deducted when an accelerated payment is made. Reduced contracts rates may not be negotiated to replace a PPD. If PPD fields are left blank please identify that the Contractor agrees to the standard 45 day cycle; a statutory/legal exemption such as Ready Payments (G.L. c. 29, § 23A); or only an initial accelerated payment for reimbursements or start up costs for a grant, with subsequent payments scheduled to support standard EFT 45 day payment cycle. Financial hardship is not a sufficient justification to accelerate cash flow for all payments under a Contract. Initial grant or contract payments may be accelerated for the first invoice or initial grant installment, but subsequent periodic installments or invoice payments should be scheduled to support the Payee cash flow needs and the standard 45 day EFT payment cycle in accordance with the Bill Paying Policy. Any accelerated payment that does not provide for a PPD must have a legal justification in Contract file for audit purposes explaining why accelerated payments were allowable without a PPD. BRIEF DESCRIPTION OF CONTRACT PERFORMANCE Enter a brief description of the Contract performance, project name and/or other identifying information for the Contract to specifically identify the Contract performance, match the Contract with attachments, determine the appropriate expenditure code (as listed in the Expenditure Classification Handbook) or to identify or clarify important information related to the Contract such as the Fiscal Year(s) of performance (ex. “FY2012” or “FY2012-14”). Identify settlements or other exceptions and attach more detailed justification and supporting documents. Enter “Multi-Department Use” if other Departments can access procurement. For Amendments, identify the purpose and what items are being amended. Merely stating "see attached" or referencing attachments without a narrative description of performance is insufficient. SUPPLIER DIVERSITY PROGRAM (SDP) PLAN Check “YES” if the contract is subject to the requirements of the Supplier Diversity Program (SDP) as described in the Diverse and Small Business Program Policies for Goods and Services Procurements (and, as applicable, the SDP Policy for Purchase of Service (POS) Procurements and Contracts Policy Overview). Also check “YES” if the contracting department has voluntarily included SDP terms in the procurement. Generally, goods and services contracts with an estimated annual value of $250,000 or more, averaged over the life of the contract, executed by Executive Departments as defined by M.G.L. c. 6A, § 2, are subject to these policies. Check “NO” if the contract is not subject to these policies and no SDP terms were included voluntarily. If YES, enter the Contractor’s annual SDP commitment. This commitment is a percentage of sales from the resulting contract to be spent with Certified Partner(s), which must be at least 1%. If the contract will be for the purchase of human and social services (referred to as Purchase of Service or POS) covering a variety of client health care, medical, and non-health care services, then enter the dollar amount commitment for the organization. If NO, and the Department is an Executive Department, enter the appropriate exemption from the “Procurements and Contracts Exempt from this Policy” section of the Diverse and Small Business Program Policies for Goods and Services Procurements to explain why the SDP is not applicable to this contract. ANTICIPATED START DATE The Department and Contractor must certify when obligations under this Contract/Amendment may be incurred. Option 1 is the default option when performance may begin as of the Effective Date (latest signature date and any required approvals). If the parties want a new Contract or renewal to begin as of the upcoming fiscal year then list the fiscal year(s) (ex. “FY2012” or “FY2012-14”) in the Brief Description section. Performance starts and encumbrances reflect the default Effective Date (if no FY is listed) or the later FY start date (if a FY is listed). Use Option 2 only when the Contract will be signed well in advance of the start date and identify a specific future start date. Do not use Option 2 for a fiscal year start unless it is certain that the Contract will be signed prior to fiscal year. Option 3 is used in lieu of the Settlement and Release Form when the Contract/Amendment is signed late, and obligations have already been incurred by the Contractor prior to the Effective Date for which the Department has either requested, accepted or deemed legally eligible for reimbursement, and the Contract includes supporting documents justifying the performance or proof of eligibility, and approximate costs. Any obligations incurred outside the scope of the Effective Date under any Option listed, even if the incorrect Option is selected, shall be automatically deemed a settlement included under the terms of the Contract and upon payment to the Contractor will release the Commonwealth and MassDOT from further obligations for the identified performance. All settlement payments require justification and must be under same encumbrance and object codes as the Contract payments. Performance dates are subject to G.L. c.4, § 9. CONTRACT END DATE The Department must enter the date that Contract performance will terminate. If the Contract is being amended and the Contract End Date is not changing, this date must be re-entered again here. A Contract must be signed for at least the initial duration but not longer than the period of procurement listed in the RFR, or other solicitation document (if applicable). No new performance is allowable beyond the end date without an amendment, but the Department may allow a Contractor to complete minimal close out performance obligations if substantial performance has been made prior to the termination date of the Contract and prior to the end of the fiscal year in which payments are appropriated, provided that any close out performance is subject to appropriation and funding limits under state finance law, and CTR may adjust encumbrances and payments in the state accounting system to enable final close out payments. Performance dates are subject to G.L. c.4, § 9. CONTRACTOR AUTHORIZED SIGNATORIES FOR EXECUTION See Comptroller policies entitled Department Head Signature Authorization Policy and the Contractor Authorized Signatory Listing for policies on Contractor and Department signatures for guidance. Authorizing Signature for Contractor/Date: The Authorized Contractor Signatory must (in their own handwriting and in ink) sign AND enter the date the Contract is signed. See section above under “Anticipated Contract Start Date”. Rubber stamps are not acceptable. Acceptance of payment by the Contractor shall waive any right of the Contractor to claim the Contract/Amendment is not valid and the Contractor may not void the Contract. Rubber stamps, typed or other images are not acceptable. Proof of Contractor signature authorization on a Contractor Authorized Signatory Listing may be required by the Department if not already on file. Electronic or digital signatures are permitted pursuant to the MassDOT Electronic Signature Policy. See Contract and ISA Execution after the COVID-19 State of Emergency. Contractor Name /Title: The Contractor Authorized Signatory’s name and title must appear legibly as it appears on the Contractor Authorized Signatory Listing. Authorizing Signature For Department/Date: The Authorized Department Signatory must (in their own handwriting and in ink) sign AND enter the date the Contract is signed. See section above under “Anticipated Start Date”. Rubber stamps, typed or other images are not accepted. The Authorized Signatory must be an employee within the Department legally responsible for the Contract. See Department Head Signature Authorization. The Department must have the legislative funding appropriated for all the costs of this Contract or funding allocated under an approved Interdepartmental Service Agreement (ISA). A Department may not contract for performance to be delivered to or by another state department without specific legislative authorization (unless this Contract is a Statewide Contract). For Contracts requiring Secretariat signoff, evidence of Secretariat signoff must be included in the Contract file. Department Name /Title: Enter the Authorized Signatory’s name and title legibly. CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified, subject to any required approvals. The Contractor makes all certifications required under this Contract under the pains and penalties of perjury, and agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein: MassDOT and Contractor Ownership RIghts. The Contractor certifies and agrees that MassDOT is entitled to ownership and possession of all “deliverables” purchased or developed with Contract funds. A Department may not relinquish rights to deliverables nor may Contractors sell products developed with MassDOT resources without just compensation. The Contract should detail all MassDOT deliverables and ownership rights and any Contractor proprietary rights. Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified to perform this Contract; that performance shall be timely and meet or exceed industry standards for the performance required, including obtaining requisite licenses, registrations, permits, resources for performance, and sufficient professional, liability; and other appropriate insurance to cover the performance. If the Contractor is a business, the Contractor certifies that it is listed under the Secretary of State’s website as licensed to do business in Massachusetts, as required by law. Laws and Regulations Prohibiting Discrimination and Human Trafficking. Contractors acknowledge and certify as a condition of this Contract that they are responsible for complying fully with all state and federal laws prohibiting discrimination, human trafficking, and forced labor, including but not limited to M.G.L. c. 265 §§ 49-57. Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract, in addition to meeting the terms of the Contract, will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. Collusion. The Contractor certifies that this Contract has been offered in good faith and without collusion, fraud or unfair trade practices with any other person, that any actions to avoid or frustrate fair and open competition are prohibited by law, and shall be grounds for rejection or disqualification of a Response or termination of this Contract. Public Records and Access The Contractor shall provide full access to records related to performance and compliance to the Department and officials listed under Executive Order 195 and G.L. c. 11, s.12 for six (6) years beginning on the first day after the final payment under this Contract or such longer period necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. Access to view Contractor records related to any breach or allegation of fraud, waste and/or abuse may not be denied and Contractor can not claim confidentiality or trade secret protections solely for viewing but not retaining documents. Routine Contract performance compliance reports or documents related to any alleged breach or allegation of non-compliance, fraud, waste, abuse or collusion may be provided electronically and shall be provided at Contractor’s own expense. Reasonable costs for copies of non-routine Contract related records shall not exceed the rates for public records under 950 C.M.R. 32.00. Debarment. The Contractor 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; G.L. c. 29, s. 29F G.L. c.30, § 39R, G.L. c.149, § 27C, G.L. c.149, § 44C, G.L. c.149, § 148B and G.L. c. 152, s. 25C. Applicable Laws. The Contractor shall comply with all applicable state laws and regulations including but not limited to the applicable Massachusetts General Laws; the Official Code of Massachusetts Regulations; Code of Massachusetts Regulations (unofficial); 801 CMR 21.00 (Procurement of Commodity and Service Procurements, Including Human and Social Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR 1.00 (Compliance, Reporting and Auditing for Human And Social Services); AICPA Standards; confidentiality of Department records under G.L. c. 66A; and the Massachusetts Constitution Article XVIII if applicable. Invoices. The Contractor must submit invoices in accordance with the terms of the Contract and the Commonwealth Bill Paying Policy. Contractors must be able to reconcile and properly attribute concurrent payments from multiple Departments. Final invoices in any fiscal year must be submitted no later than August 15th for performance made and received (goods delivered, services completed) prior to June 30th, in order to make payment for that performance prior to the close of the fiscal year to prevent reversion of appropriated funds. Failure to submit timely invoices by August 15th or other date listed in the Contract shall authorize the Department to issue an estimated payment based upon the Department’s determination of performance delivered and accepted. The Contractor’s acceptance of this estimated payment releases the Commonwealth and MassDOT from further claims for these invoices. If budgetary funds revert due to the Contractor’s failure to submit timely final invoices, or for disputing an estimated payment, the Department may deduct a penalty up to 10% from any final payment in the next fiscal year for failure to submit timely invoices. Payments Subject To Appropriation. Pursuant to G.L. c. 29 § 26, § 27 and § 29, Departments are required to expend funds only for the purposes set forth by the Legislature and within the funding limits established through appropriation, allotment and subsidiary, including mandated allotment reductions triggered by G.L. c. 29, § 9C. A Department cannot authorize or accept performance in excess of an existing appropriation and allotment, or sufficient non-appropriated available funds. Any oral or written representations, commitments, or assurances made by the Department or any other Commonwealth representative are not binding. The Commonwealth and MassDOT have no legal obligation to compensate a Contractor for performance that is not requested and is intentionally delivered by a Contractor outside the scope of a Contract. Contractors should verify funding prior to beginning performance. Intercept. Contractors may be registered as Customers in the Vendor file if the Contractor owes a Commonwealth debt. Unresolved and undisputed debts, and overpayments of Contract payments that are not reimbursed timely shall be subject to intercept pursuant to G.L. c. 7A, s. 3 and 815 CMR 9.00. Contract overpayments will be subject to immediate intercept or payment offset. The Contractor may not penalize any state Department or assess late fees, cancel a Contract or other services if amounts are intercepted or offset due to recoupment of an overpayment, outstanding taxes, child support, other overdue debts or Contract overpayments. Tax Law Compliance. The Contractor certifies under the pains and penalties of perjury: (1) tax compliance with federal tax laws; (2) tax compliance with state tax laws including, but not limited to G.L. c. 62C, s. 49A;, reporting of employees and contractors, withholding and remitting of tax withholdings and child support; and (3) Contractor is in good standing with respect to all state taxes and returns due; reporting of employees and contractors under G.L. c. 62E, withholding and remitting child support including G.L. c. 119A, s. 12; TIR 05-11; New Independent Contractor Provisions and applicable TIRs. Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and Conflicts. The Contractor certifies it has not been in bankruptcy and/or receivership within the last three calendar years which would negatively impact Contractor’s ability to fulfill the terms of this Contract or Amendment. Contractor certifies that it will immediately notify the Department in writing of any filing for bankruptcy and/or receivership, any potential structural change in its organization, or if there is any risk to the solvency of the Contractor that may impact the Contractor’s ability to timely fulfill the terms of this Contract or Amendment. The Commonwealth reserves the right to request additional information regarding the financial viability of the Contractor and its ability to perform. The Contractor certifies that at any time during the period of the Contract the Contractor is required to affirmatively disclose in writing to the Department Contract Manager the details of any judgment, criminal conviction, investigation or litigation pending against the Contractor or any of its officers, directors, employees, agents, or subcontractors, including any potential conflicts of interest of which the Contractor has knowledge, or learns of during the Contract term. Law firms or Attorneys providing legal services are required to identify any potential conflict with representation of any Department client in accordance with Massachusetts Board of Bar Overseers (BBO) rules. Federal Anti-Lobbying and Other Federal Requirements. If receiving federal funds, the Contractor certifies compliance with federal anti-lobbying requirements including 31 USC 1352; other federal requirements; Executive Order 11246; Air Pollution Act; Federal Water Pollution Control Act and Federal Employment Laws. Protection of Commonwealth Data, Personal Data and Information. The Contractor certifies that all steps will be taken to ensure the security and confidentiality of all Commonwealth/MassDOT data for which the Contractor becomes a holder, either as part of performance or inadvertently during performance, with special attention to restricting access, use and disbursement of personal data and information under MG.L. c. 93H and c. 66A and other applicable state and federal privacy requirements. The Contractor shall comply with M.G.L. c. 93I for the proper disposal of all paper and electronic media, backups or systems containing personal data and information. The Contractor shall also ensure that any personal data or information transmitted electronically or through a portable device is properly encrypted using (at a minimum) the Commonwealth’s “Cryptographic Management Standard” set forth in the Enterprise Information Security Policies and Standards published by the Executive Office for Technology, Services and Security (TSS), or a comparable Standard prescribed by the Department. Contractors with access to credit card or banking information of Commonwealth/MassDOT customers certify that the Contractor is PCI compliant in accordance with the Payment Card Industry Council Standards, and shall provide confirmation compliance during the Contract. The Contractor shall immediately notify the Department in the event of any security breach including the unauthorized access, disbursement, use or disposal of personal data or information, and in the event of a security breach, the Contractor shall cooperate fully with the Commonwealth/MassDOT and provide access to any information necessary for the Commonwealth/MassDOT to respond to the security breach and shall be fully responsible for any damages associated with the Contractor’s breach including but not limited to G.L. c. 214, s. 3B. For all Contracts involving the Contractor’s access to personal information, as defined in G.L. c. 93H, and personal data, as defined in G.L. c. 66A, or access to MassDOT systems containing such information or data, Contractor certifies under the pains and penalties of perjury that the Contractor (1) has read M.G.L. c. 93H and c. 66A and agrees to protect any and all personal information and personal data; and (2) has reviewed all of the Enterprise Information Security Policies and Standards published by the Executive Office for Technology Services and Security (TSS), or stricter standards prescribed by the Department. Notwithstanding any contractual provision to the contrary, in connection with the Contractor’s performance under this Contract, for all public authorities, executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established, the Contractor shall: (1) obtain a copy, review, and comply with any pertinent security guidelines, standards, and policies; (2) comply with all Enterprise Information Security Policies and Standards published by the Executive Office for Security Services and Technology (TSS), or a comparable set of policies and standards (“Information Security Policy”) as prescribed by the Department; (3) communicate and enforce such security guidelines, standards, policies and the applicable Information Security Policy among all employees (whether such employees are direct or contracted) and subcontractors; (4) implement and maintain any other reasonable appropriate security procedures and practices necessary to protect personal information and data to which the Contractor is given access by the contracting Department from the unauthorized access, destruction, use, modification, disclosure or loss; (5) be responsible for the full or partial breach of any of these terms by its employees (whether such employees are direct or contracted) or subcontractors during or after the term of this Contract, and any breach of these terms may be regarded as a material breach of this Contract; (6) in the event of any unauthorized access, destruction, use, modification, disclosure or loss of the personal information or personal data (collectively referred to as the “unauthorized use”): (a) immediately notify the contracting Department if the Contractor becomes aware of the unauthorized use; (b) provide full cooperation and access to information necessary for the contracting Department to determine the scope of the unauthorized use; and (c) provide full cooperation and access to information necessary for the contracting Department and the Contractor to fulfill any notification requirements. Breach of these terms may be regarded as a material breach of this Contract, such that the Commonwealth and MassDOT may exercise any and all contractual rights and remedies, including without limitation indemnification under MassDOT’s Terms and Conditions or IT Terms and Conditions, withholding of payments, Contract suspension, or termination. In addition, the Contractor may be subject to applicable statutory or regulatory penalties, including and without limitation, those imposed pursuant to G.L. c. 93H and under G.L. c. 214, § 3B for violations under M.G.L c. 66A. Corporate and Business Filings and Reports. The Contractor certifies compliance with any certification, filing, reporting and service of process requirements of the Secretary of the Commonwealth, the Office of the Attorney General or other Departments as related to its conduct of business in the Commonwealth; and with its incorporating state (or foreign entity). Employer Requirements. Contractors that are employers certify compliance with applicable state and federal employment laws or regulations, including but not limited to prevailing wage laws at M.G.L. c. 149, §§ 26-27D (public construction work); M.G.L. c. 149, § 27F (use of trucks, vehicles and other equipment to perform public works functions); M.G.L. c. 149, § 27G (moving office furniture and fixtures); M.G.L. c. 149, § 27H (cleaning state office buildings or buildings leased by the state); M.G.L. c. 6C, § 44 (MassDOT relocation of utilities or utility facility; M.G.L. c. 7, § 22 (contracts for meat products and clothing and apparel); M.G.L. c. 71, § 7A (transportation of students to public schools); Chapter 195 of the Acts of 2014 (MA Convention Center Authority security guard services); minimum wage and overtime law and regulations (M.G.L. c. 151 and 454 CMR 27.00); child labor laws (M.G.L. c. 149, §§ 56-105); all payment of wages, payroll and timekeeping records, earned sick time, meal breaks, domestic violence leave, temporary worker rights, domestic worker rights and anti-retaliation laws at M.G.L. c. 149 (Labor and Industries); M.G.L. c. 151A (unemployment insurance and contributions); M.G.L. c. 152 (workers compensation and insurance); M.G.L. c. 150A (Labor Relations); M.G.L. c. 153 (liability for injuries); 29 U.S.C. c. 8 (Federal Fair Labor Standards); 29 U.S.C. c. 28 (Federal Family and Medical Leave Act); M.G.L. c. 6, § 171A (applicant criminal record information); M.G.L. c. 149, § 105A (MA Equal Pay Act); and M.G.L. c. 175M (Paid Family Medical Leave Act). Federal And State Laws And Regulations Prohibiting Discrimination Contractors certify compliance with applicable state and federal anti-discrimination laws, including but not limited to the Federal Equal Employment Oppurtunity (EEO) Laws the Americans with Disabilities Act,; 42 U.S.C Sec. 12,101, et seq., the Rehabilitation Act 29 U.S.C. § 794; 29 U.S.C. § 701; 29 U.S.C. § 623; 42 U.S.C. c. 45; (Federal Fair Housing Act); M.G. L. c. 151B (Unlawful Discrimination); M.G.L. c. 151E (Business Discrimination); the Public Accommodations Law M.G.L. c. 272, § 92A; M.G.L. c. 272, §§ 98 and 98A, Massachusetts Constitution Article CXIV and M.G.L. c. 93, § 103; 47 USC § 255 (Telecommunication Act; M.G.L. c. 149, § 105D, M.G.L. c. 151C, M.G.L. c. 272, §§ 92A, 98 and 98A, and M.G.L. c. 111, § 199A, and Massachusetts Disability-Based Non-Discrimination Standards For Executive Branch Entities, and related Standards and Guidance, authorized under Massachusetts Executive Order or any disability-based protection arising from state or federal law or precedent. See also Massachusetts Commission Against Discrimination (MCAD) and MCAD links and resources. Small Business Purchasing Program (SBPP). A Contractor may be eligible to participate in the SBPP, created pursuant to Executive Order 523, if so qualified. Limitation of Liability. Contracts may not use the following limitation on liability language unless approved by legal staff at the Office of the Comptroller or Operational Services Division and it may not be used if MassDOT is using the IT Terms and Conditions. The term “other damages” in Section 11 of the MassDOT Terms and Conditions, “Indemnification,” shall include, but shall not be limited to, the reasonable costs the Commonwealth/MassDOT incurs to repair, return, replace or seek cover (purchase of comparable substitute commodities and services) under a Contract. “Other damages” shall not include damages to the Commonwealth/MassDOT as a result of third party claims, provided that this in no way limits the Commonwealth’s or MassDOT’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 or the Commonwealth’s/MassDOT’s ability to join the contractor as a third party defendant. Further, the term “other damages” shall not include, and in no event shall the contractor be liable for, damages for the Commonwealth’s or MassDOT’s use of contractor provided products or services, loss of Commonwealth or MassDOT’s records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth or MassDOT. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the Contract scope of work) that is the subject of the claim. Section 11 sets forth the Contractor’s entire liability under a Contract. Nothing in this section shall limit the Commonwealth’s or MassDOT’s ability to negotiate higher limitations of liability in a particular Contract, provided that any such limitation must specifically reference Section 11 of the MassDOT Terms and Conditions. In the event the limitation of liability conflicts with accounting standards which mandate that there can be no cap of damages, the limitation shall be considered waived for that audit engagement. The terms of this Clarification may not be modified. Northern Ireland Certification. Pursuant to G.L. c. 7 s. 22C for state agencies, state authorities, the House of Representatives or the state Senate, by signing this Contract the Contractor certifies that it does not employ ten or more employees in an office or other facility in Northern Ireland and if the Contractor employs ten or more employees in an office or other facility located in Northern Ireland the Contractor certifies that it does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief; and it promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination; and the Contractor is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland. Pandemic, Disaster or Emergency Performance. In the event of a serious emergency, pandemic or disaster outside the control of the Department, the Department may negotiate emergency performance from the Contractor to address the immediate needs of the MassDOT even if not contemplated under the original Contract or procurement. Payments are subject to appropriation and other payment terms. Attorneys. Attorneys or firms providing legal services or representing MassDOT may be subject to G.L. c. 30, s. 65, and if providing litigation services must be approved by the Office of the Attorney General to appear on behalf of a Department, and shall have a continuing obligation to notify the Commonwealth of any conflicts of interest arising under the Contract. Subcontractor Performance. The Contractor certifies full responsibility for Contract performance, including subcontractors, and that comparable Contract terms will be included in subcontracts, and that the Department will not be required to directly or indirectly manage subcontractors or have any payment obligations to subcontractors. . EXECUTIVE ORDERS For covered Executive state Departments, the Contractor certifies compliance with applicable Massachusetts Executive Orders, including but not limited to the specific orders listed below. A breach during the period of a Contract may be considered a material breach and subject Contractor to appropriate monetary or Contract sanctions. Executive Order 481. Prohibiting the Use of Undocumented Workers on State Contracts. For all state agencies in the Executive Branch, including all executive offices, boards, commissions, agencies, Departments, divisions, councils, bureaus, and offices, now existing and hereafter established, by signing this Contract the Contractor certifies under the pains and penalties of perjury that they shall not knowingly use undocumented workers in connection with the performance of this Contract; that, pursuant to federal requirements, they shall verify the immigration status of workers assigned to a Contract without engaging in unlawful discrimination; and shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker Executive Order 130. Anti-Boycott. The Contractor warrants, represents and agrees that during the time this Contract is in effect, neither it nor any affiliated company, as hereafter defined, participates in or cooperates with an international boycott (See IRC § 999(b)(3)-(4), and IRS Audit Guidelines Boycotts) or engages in conduct declared to be unlawful by G.L. c. 151E, s. 2. If there is a breach in the warranty, representation, and agreement contained in this paragraph, without limiting such other rights as it may have, MassDOT and the Commonwealth may rescind this Contract. As used herein, an affiliated company shall be any business entity of which at least 51% of the ownership interests are directly or indirectly owned by the Contractor or by a person or persons or business entity or entities directly or indirectly owning at least 51% of the ownership interests of the Contractor, or which directly or indirectly owns at least 51% of the ownership interests of the Contractor, or which directly or indirectly owns at least 51% of the ownerships interests of the Contractor. Executive Order 346. Hiring of State Employees By State Contractors Contractor certifies compliance with both the conflict of interest law G.L. c. 268A specifically s. 5 (f) and this order; which includes limitations regarding the hiring of state employees by private companies contracting with the Commonwealth/MassDOT. A privatization contract shall be deemed to include a specific prohibition against the hiring at any time during the term of Contract, and for any position in the Contractor's company, of a state management employee who is, was, or will be involved in the preparation of the RFP, the negotiations leading to the awarding of the Contract, the decision to award the Contract, and/or the supervision or oversight of performance under the Contract. Executive Order 444. Disclosure of Family Relationships With Other State Employees. Each person applying for employment (including Contract work) within the Executive Branch under the Governor must disclose in writing the names of all immediate family as well as persons related to immediate family by marriage who serve as employees or elected officials of the Commonwealth. All disclosures made by applicants hired by the Executive Branch under the Governor shall be made available for public inspection to the extent permissible by law by the official with whom such disclosure has been filed. Executive Orders 592 and 599. Executive Order 592 (Advancing Workforce Diversity, Inclusion, Equal Opportunity, Non- Discrimination, and Affirmative Action). Executive Order 599 (Reaffirming Programs to Ensure Diversity, Equity, and Inclusion for Diverse and Small Massachusetts Businesses in State Procurement and Contracting. All programs, activities, and services provided, performed, licensed, chartered, funded, regulated, or contracted for by the state shall be conducted without unlawful discrimination based on race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran’s status (including Vietnam-era veterans), or background. The Contractor and any subcontractors may not engage in discriminatory employment practices. The Contractor certifies compliance with applicable federal and state laws, rules, and regulations governing fair labor and employment practices. The Contractor also commits to purchase supplies and services from certified minority, women, veteran, service-disabled veteran, LGBT or disability-owned businesses, small businesses, or businesses owned by socially or economically disadvantaged persons; and Contractor commits to comply with any Applicable Department contractual requirements pertaining to the employment of persons with disabilities pursuant to M.G.L. c. 7 § 61(u). These provisions shall be enforced through the contracting Department, the Operational Services Division, and/or the Massachusetts Commission Against Discrimination. Any breach shall be regarded as a material breach of the contract that may subject the contractor to appropriate sanction. (Updated 12/2024) Page 1 of 2
📄 Prompt-Payment-Discount-Form1.pdf (Parsed Contract Document)
OFFICE OF THE COMPTROLLER PROMPT PAY DISCOUNT FORM comptroller.info@mass.gov Page 1 of 1 Contractor/Bidder Name Vendor Code (VCUST) Contract/RFR Number(s) All contractors/vendors doing business with the Commonwealth must provide a Prompt Payment Discount (PPD) for receiving early payments unless the Contractor/vendor can provide compelling proof that providing a prompt pay discount would be unduly burdensome. Contractors benefit from PPD by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Contractors who agree to accept Electronic Funds Transfer (EFT) increase the prompt pay benefit by ensuring that funds are paid directly to their designated bank accounts, thus eliminating the delay of check clearance policies and traditional mail lead time. Payments processed through the state accounting system (MMARS) can be tracked and verified through the Comptroller’s VendorWeb system using the Vendor/Customer Code assigned to you by a Commonwealth department. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. While Bidders/Contractors have flexibility in determining the actual % discount(s) offered to the Commonwealth, the discount(s) must be identified for 10, 15, 20 and/or 30 days for payment issuance in the column entitled “% Discount Off Proposed Price” below. The Commonwealth may use the prompt pay discounts submitted as a basis for selection and may negotiate discounts as deemed in the best interest of the Commonwealth. The requirement to offer PPD discounts may be waived by the Commonwealth on a case-by-case basis if participation in the program would be unduly burdensome, provided the specific reason for the hardship is outlined below. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed below and in accordance with the Commonwealth’s Bill Paying Policy. Payment days will be measured from the date goods are received and accepted / performance was completed OR the date an invoice is received by the Commonwealth, whichever is later to the date the payment is issued as an EFT (preferred method) or mailed by the State Treasurer. The date of payment “issue” is the date a payment is considered “paid” not the date a payment is “received” by a Contractor. If internal Bidder/Contractor systems require an alternate method of measuring payment issue dates, the Bidder/Contractor must note the issues below or on an attached page if necessary to be considered by the PMT. In cases where the Bidder/Contractor considers that offering a Prompt Payment Discount would be a hardship, the Bidder must clearly define the issues and reasons for said hardship. Providing volume discounts or other discounts on prices is not considered a hardship, since the PPD provides the additional benefit of early cash flow for the Contractor. Enter the Prompt Payment Discount percentage (%) off the invoice payment, for each of the payment issue dates listed, if the payment is issued within the specified Payment Issue days. For example: 5% - 10 Days 4% - 15 Days 3% - 20 Days 2% - 30 Days If no discount is offered enter 0% Prompt Payment Discount % Payment issue date within % 10 Days % 15 Days % 20 Days % 30 Days The Contractor is unable to provide a prompt payment discount due to the following hardship Contractor/Bidder Authorized Signature Date Contractor/Bidder Authorized Signatory Name Title mailto:CTR-HR@mass.gov https://massfinance.state.ma.us/VendorWeb/vendor.asp mailto:comptroller.info@mass.gov Date: Title: Contractor/Bidder Name: Vendor Code (VCUST): Contract/RFR Numbers: Comments: Contractor/Bidder Authorized Signature: Contractor/Bidder Authorized Signatory Name:
📄 Questions-and-Answers-225.2025.xlsx (Parsed Contract Document)
Sheet2 1 2/18/25 Justin Acord/COGENT Infotech Corporation What would be the number of awards you intend to give(approximate number)? We are plaaning to award the bid to any vendor who meets our expectations to build out a qualified vendor list we can utilize as needed. We do not have a specific number but would like to have multiple awards (5+). 2 2/18/25 Justin Acord/COGENT Infotech Corporation What is the tentative start date of this engagement? We will have an initial search we will want to get underway ASAP. Future searches will come as needed with approximately 1-2 per year. 3 2/18/25 Justin Acord/COGENT Infotech Corporation Is this a new contract or are there any incumbents? If there is an incumbent, could you please let us know the incumbent name and pricing and are the incumbents eligible to submit the proposal again? This is a new contract. 4 2/18/25 Justin Acord/COGENT Infotech Corporation Are there any pain points or issues with the current vendor(s)? N/A 5 2/18/25 Justin Acord/COGENT Infotech Corporation Could you please share the previous spending on this contract, if any? N/A 6 2/18/25 Justin Acord/COGENT Infotech Corporation Is there any mandatory subcontracting requirement for this contract? If yes, Is there any specific goal for the subcontracting? N/A 7 2/18/25 Justin Acord/COGENT Infotech Corporation How many positions were used in the previous contract? N/A 8 2/18/25 Justin Acord/COGENT Infotech Corporation How many positions will be required per year or throughout the contract term? There is no required number of positions. We estimate 1-2 executive searches per year for the agency. 9 2/18/25 Justin Acord/COGENT Infotech Corporation Can we provide hourly rate ranges in the price proposal? We would prefer the price proposal be relative to the position salary as a percentage, but will consider other breakdowns. Price prosal should make it clear what the total amount would be expectated based on position. If using an hourly rate, estimated number of hours needed and a maximum should be included. 10 2/18/25 Justin Acord/COGENT Infotech Corporation What are the required sample positions? Sample positions/placement should demonstate bidders ability to successfully place candidates into the public sector and executive level positions. 11 2/24/25 Sunny Larsen/Baker Tilly Advisory Group, LP Section 1.4.5 on page 3 says Bidders must complete and submit the RFR Submission Checklist, and all documents referenced in the Checklist. I do not see this form as part of the RFP or attachments. If this is required, can you please provide the form? The Submission Checklist is located on the second tab of the Bidder Response Form.
Content extracted directly from the issuing government portal. For authoritative technical exhibits, download official documents listed above.
About Government RFPs & Solicitations
Government RFPs and competitive bids are won through preparation, compliance, and a compelling value proposition. The questions below cover procurement fundamentals and how GTC 360° Advisors assists prospective vendors.
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What is an RFP (Request for Proposals)?
A Request for Proposals (RFP) is a formal solicitation issued by a government agency or public entity inviting vendors to submit competitive bids for goods, services, or construction. Unlike grants, RFPs are procurement contracts: you are paid to deliver a defined scope of work rather than awarded funds for a program. -
How is an RFP different from a grant?
Grants are non-repayable funds awarded to support a public mission or community program. RFPs and bids are government contracts: you compete by proposing your capability, past performance, and pricing to perform a specific government requirement. Winning an RFP means you enter into a binding commercial contract with the public agency. -
What is a Bid, an IFB, or a Solicitation?
These terms are often used across state, local, and federal procurement. An Invitation for Bids (IFB) is typically awarded to the lowest responsive and responsible bidder. An RFP evaluates both technical approach and price. A solicitation is the umbrella term for any formal government purchasing notice, including RFPs, IFBs, and Requests for Qualifications (RFQs). -
Who can respond to a government RFP or bid?
Any registered business, nonprofit, or qualified vendor that meets stated eligibility requirements can respond. Many state and local RFPs actively prioritize small businesses (SBEs), minority-owned firms (MBEs), women-owned firms (WBEs), and disabled veteran business enterprises (DVBEs). Always check the solicitation document for specific vendor requirements, insurance minimums, and bonding obligations. -
How does GTC 360° Advisors help vendors respond to RFPs?
GTC 360° Advisors provides capture strategy, proposal writing, compliance checklist development, competitive pricing analysis, and submission management. Our team reviews the solicitation requirements, identifies evaluation criteria, and builds a compliant, compelling response to maximize your probability of award on the timeline required. -
What is the difference between State & Local and Federal procurement?
Federal contracts are governed strictly by the Federal Acquisition Regulation (FAR) and require SAM.gov registration plus a Unique Entity Identifier (UEI). State and local contracts operate under each individual jurisdiction’s procurement ordinances. GTC 360° Advisors navigates both environments and advises on registration, local preference programs, and winning strategies. -
How early should I start preparing a proposal for an RFP?
For competitive government solicitations, we recommend starting at least 3 to 6 weeks before the submission deadline. Rushed proposals frequently miss mandatory compliance forms or fail formatting criteria. If this solicitation has already closed, reach out to us regarding future pipeline opportunities across all 50 states.
13 days is enough time — if you start now.
Tell us the opportunity and our team will provide an honest read on fit, required subcontracting partners, and what a compliant submission requires.