Professional Documents
Culture Documents
Proposal # RFP-FSU-21-05
Established by Horace Mann in 1839 as America’s first public teacher preparation school,
Framingham State University today offers undergraduate and graduate programs encompassing
the arts and sciences and professional studies.
At Framingham State University teaching is the primary role of the faculty, who engage in their
disciplines through instruction, scholarship and service on campus and in their professional
communities. The University serves as an important educational and cultural center in the Metro
West region of Massachusetts.
A Framingham State University education cultivates thoughtful, responsible local and global
citizens, prepares students for a career, and positions them for success.
Framingham, Massachusetts is located 20 miles west of Boston. The University now offers 26
undergraduate major; 25 graduate programs; 45 minors to approximately 4,000 undergraduate
students and approximately 2,000 graduate students. The University is a public, four-year co-
educational school occupying 73 acres on a traditional New England campus. Framingham State
University has seven undergraduate residence halls housing 1,900 students.
Scope of Work
FSU is seeking responses for a single integrated IT Service Management and Project Portfolio
Management solution that will provide the tools necessary to enable FSU to improve how it
manages resources, services and service management and project portfolio process in a manner
that is consistently reliable, transparent, sustainable and measurable. The solution must have its
primary core solution delivered under a Software-as-a-Service (SaaS) or hosted model.
This solution will allow customers to interact with IT using a login-restricted portal, where they
can enter new incidents, change requests, service requests, project requests, and view knowledge
base articles. Users will also need the ability to update all of these ticket types via email and
portal. Certain users, who do not have login credentials, should be able to view the customer
portal and view non-restricted information.
Our goals are to:
1. Combine the information systems that the University uses for IT service management,
and related project portfolio management, into a single integrated or unified system.
2. Simplify, automate, and eliminate aspects of work that members of the Information
Technology Services Organization currently perform in order to achieve greater
operational efficiency and engage in even more value-added work.
3. Enhance the effectiveness Information Technology Services organization’s ability to
manage service interactions through self-service, remote real-time assistance, or in person
either at the service desks or “in the field”.
4. Increase the Information Technology Services organization’s ability to routinely access
and easily analyze service interaction metrics in order to identify service interactions that
could be eliminated, automated or leveraged. This and subsequent analysis will be used
to inform how we operate as a service organization and the priorities for continuous
improvements.
5. Improve the University’s ability to measure satisfaction, utilization and importance of
information technology services at the University through key performance indicators
and other metrics.
6. Reduce annual maintenance and support costs for assets, technology, services – as well as
the time, cost and effort required to support the information systems used for IT services
management and project portfolio management.
The solution should be configurable, efficiently implemented, and easily upgradable, and offer:
• An intuitive, interface that is easily configured to adapt to a wide variety of workflows and
processes.
• Upgrades that are delivered by the vendor with vendor allowing sufficient time for testing
with minimal disruption to ongoing operations.
• Simple licensing that matches our nonhomogeneous staffs’ needs (full time, part time,
students)
The scope includes the ITSM/ PPM solution and professional services for implementation
assistance. FSU prefers to use the ITSM solution out-of-the box with minimal configuration and
customization. The implementation assistance includes guidance and knowledge transfer using
out-of-the box configuration, templates, workflows, and APIs. Further, FSU expects the provider
to provide overall guided assistance, configuration, data migration imports, data interface
connections, training, readiness, production launch support, focused 30-day stabilization, and
ongoing service/support for the ITSM Solution. The implementation of the software does not
need to be executed by the company that is presenting the RFP response but must be mentioned
in the response. FSU has the right to change vendors for implementation services as necessary.
It is intended that there will be a complete installation and configuration of this new system.
Current Environment:
The FSU ITS department is currently using two separate systems: One for IT Service Management
(Cherwell) and another for Project Portfolio Management (Team Dynamix). FSU has service
descriptions, a full-service catalog and processes set up for most if not all modules.
We use Quest KACE for Endpoint Management and Beyond Trust (Bomgar) for Secure Remote Access.
FSU’s IT department has approximately 30 full time staff and another approximately 30 student
workers.
Glossary:
Proposals that do not meet all of the Technical Submission Requirements will be rejected.
General
SP-1. The solution must clearly distinguish between incidents, requests, problems and changes. Each
must have out-of-the box, configurable workflows.
SP-2. Ability to link any type of request to any other type of request, knowledge base, or configuration
management database (CMDB).
SP-3. All processes must have the ability to interface, link and work with each other and any
underlying or sub tickets.
SP-4. The solution must support the creation, modification, resolution, closure, cancellation or hold of
any type of record.
SP-5. Ability for IT staff to make notes on records that are not viewable by customers.
SP-6. Ability to clone/copy data from any record.
SP-7. Ability to manage and maintain multiple assignments/tasks for each open incident/request.
SP-8. Ability to initiate an incident, request or project on behalf of someone else; list the requestor as
different from the creator.
SP-9. Ability to add attachments to all record types (.doc, .pdf etc.)
SP-10. Ability to use rich-text editor for documentation, attachments, resolutions, emails, etc.
SP-11. Ability to provide standardized or configurable Service Level Agreement where applicable.
SP-12. Ability to escalate an incident to a Major Incident.
SP-13. Ability to track lifecycle of an asset including the disposal of an asset. This must include
compliance with disposal requirements based on the asset definitions, tracking disposed assets,
and re-allocating software licenses.
SP-14. Ability to loan out equipment using the assets in the CMDB and request fulfillment.
Communications
SP-15. Ability to email customers, record owners, and assignees the creation, updates, completion
information automatically and ad-hoc.
SP-16. Ability to provide email when certain points of workflows have been completed (automated
emails open, closed etc.)
SP-17. Ability to disregard automatic replies such as Out of Office or distribution groups.
SP-18. Ability to disregard emails coming from distribution groups or named accounts.
SP-19. Ability to have multiple emails accounts enter into the system but only 1 email to send out of the
system. Each email may have different automation and the ticket must reflect the email box it
came from. (example, email may come in through ETO, ITS, Web, Helpdesk but all responses
coming from IT) funneling to different teams/ routing.
Administration
SP-24. System will need to support SSO - SAML for analyst and customer login while supporting
LDAP/Active Directory integration across multiple domains (student/employee) for data
population of customer/analyst profile data.
SP-25. Ability to interface with auto-discovery tools for configuration item population and updates at a
scheduled time. (such as Quest KACE)
SP-26. Ability to add custom field to CIs
SP-27. Ability to maintain audit fields/ history of all assets
SP-28. Accessibility: Will be WCAG 2.0 compliant or provide detailed plan for future compliance.
Abr. Definition
SUP Supported out of the box
CON Supported but requires configuration
CST Supported via customization
PLN Planned technology to be available in general release within six months
3RD support via pre-integrated 3rd party functionality
NS Not Supported
NA Not Applicable
The software platform questionnaire is divided into 11 tabs/sections. Please return submission of
this questionnaire in the excel format provided as an attachment. Include any additional
documentation as needed referring to the reference number in each tab.
1. General
2. Service Management
3. Incident Management
4. Service Request & Fulfillment (including Service Catalog)
5. Change Management
6. Problem Management
7. Project Management
8. Service Level Management
9. Asset Configuration Management
10. Knowledge Management
11. Reporting and Dashboards
Section 6: References.
Selection Process:
A Selection Committee of University Personnel will meet to review the Proposals submitted in
response to this Request for Proposal. The Request for Proposals does not commit Framingham
State University to award a contract or to pay any cost incurred in the preparation of the
proposal. The University reserves the right to select any proposal it deems in its best interest.
Further, the University may accept or reject any or all proposals received and waive any
formalities in the evaluation process. The University may also cancel the RFP process if it is
deemed in their best interest. Criteria to be used in the evaluation process includes but is not
limited to a rating system for the evaluation of the criteria under the following categories.
Contract length 3-year contract with 3-year contract with 3-year contract only
option for up to three- option for 1 year
1 year extensions extension
Professional Implementation Choice provided by a No ability to choose
Services provided by proposer number of partners of implementation
or a choice provided which FSU can partner or project
from a number of choose. lead.
partners.
Use Case Demonstration and Interview
The vendors whose responses meet the Minimum Quality Requirements, Prequalification
Questions and score higher than Non-Advantageous in the Technical Submission Requirements
may be invited to interviews and demonstrations using predefined use cases. These
demonstrations may take place remotely during the Committee Review Period found in the
Timeline. Failure of a vendor to conduct a presentation on the use cases may result in rejection
of the proposal. These events cannot be used as an opportunity to alter proposals submitted.
Examples of the use cases can be found in Appendix B. There is no submission requirement.
Award Process:
PRICING PROPOSALS will be opened after the review and rating of the TECHNICAL
PROPOSALS is completed.
The University will select the vendor offering the best overall value to the University based on
the evaluation of the Technical Proposal and the Price Proposal
The University, at its discretion, may request responding vendors to make virtual presentations.
The University will schedule the time and location if presentation is deemed necessary.
Contract Information:
The contract term shall be for two years with the possibility of three annual renewals at the
discretion of the University. The implementation date shall be on or around June 1, 2021. The
University may negotiate such additions, deletions, or changes as may be necessitated by law or
changed circumstances. The successful respondent is encouraged to present new or enhanced
products and services for consideration by the University during the life of the Agreement.
State law prohibits the University from agreeing to indemnification of the contracted party.
Additionally, it is mandatory that the Commonwealth of Massachusetts laws apply to the
performance of the contract and that jurisdiction and venue be in Boston, Massachusetts for State
and Federal courts. The selected vendor will be required to sign the Commonwealth of
Massachusetts Standard Contract Form along with the Commonwealth Terms and Conditions for
Information Technology Contracts. No revisions to these two documents are permitted. A copy
of the documents are attached and must be signed and returned with the Pricing RFP submission.
All other Commonwealth of Massachusetts public state universities and colleges shall have the
right to piggy-back on the contract resulting from this RFP. Framingham State University shall
have no financial or other responsibility legal or otherwise, for any such arrangement.
Submission Requirements:
It is the sole responsibility of the vendor to submit his/her proposal to the Framingham State
University, Business Office contact listed below by postal services, package delivery or hand
delivery per the deadline noted below. Any and all proposals received after this time will be
considered non-responsive and will be rejected. The University is in no way responsible for the
cost of developing or delivering any proposal.
Each Proposal submitted must be signed by an official of the institution who is authorized to
bind the proposal on the Proposal Acknowledgement Form provided at the end of this document.
• The Technical Proposal and the Price Proposal shall be submitted in separate, sealed
envelopes labeled with the RFP Number. You must send each proposal by courier or
postal service. One thumb drive will contain your firm’s Technical Proposal. A separate
thumb drive will contain the Price Proposal. Each thumb drive must be in its respective
and separate, sealed, labeled envelope.
• The Proposals are to be clearly labeled RFP-FSU-21-05 on the outside of each of the
sealed packages containing the Proposal documents with a label for the Technical
Proposal and a label for the Price Proposal.
• The Technical Proposal must respond to all of the Minimum Quality Requirements and
Evaluative Rating Criteria outlined above. Proposals that do not meet the Minimum
Quality Requirements will be rejected and not evaluated further
• The Technical Proposal must include three written references of similar work experience
as demonstrated in this RFP, including contact information. Provide in your own format.
Technical Proposal
1. Response to all Minimum Quality Requirements. (Section 1)
2. Prequalification Questions, service level available and narrative (Section 2)
3. Response to the Software Platform Questionnaire (Section 3)
4. Additional Documents. (Section 4)
5. Narrative that describes implementation services, professional services and support of
product. (excluding cost) (Section 5)
6. References
Pricing Proposal
1. Pricing Proposal Response Form
2. Other Pricing Information you wish to provide
3. Contract Forms including:
a. RFP Acknowledgement Form – Certificate of Non-Collusion
b. Acknowledgement of Framingham State University Equal Opportunity, Diversity,
and Affirmative Action Plan
c. Contractor Authorized Signatory Listing
d. Commonwealth of Massachusetts Standard Contract Form.
e. Commonwealth of Massachusetts Terms and Conditions for Information
Technology Contracts.
f. W-9 Taxpayer Identification Form
g. Prompt Pay Discount Form
Expression of Interest
If your company is considering submitting a proposal to this RFP, please email us your contact
information, with full company name, address and contact of your intent to participate.
Submission of your interest is not a prerequisite for submitting a proposal but will ensure future
communication of this RFP. Please see the Timeline and Contact Information below.
TIMELINE:
Criteria Timetable
Release of RFP January 19, 2021
Questions Due from Vendors February 2, 2021 – 4 p.m.
Response to Questions February 5, 2021
Deadline for Receiving Proposals February 25, 2021 - 4 p.m.
Committee Review* February 26, 2021 - March 19, 2021
University Selection** March 26, 2021
Award and Contracting April 2021-May 2021
Implementation Date*** June 2021-August 15, 2021
Notes:
*Use Case Demonstration will be scheduled during this time period.
** This timeframe may be extended by the University if more time is necessary for a
determination. This date may be subject to change and is approximate.
***Implementation Date is anticipated to be completed by August 15, 2021
CONTACT INFORMATION:
Direct all email correspondence and questions to: Natasha M. Bizanos-Ashe, Director of
Procurement & Contracts and with a cc’ to: Ann Martin at the following address:
Framingham State University
Business Office, Dwight Hall, Room 201
100 State Street
Framingham, MA 01701
E-Mail: NBizanosashe@framingham.edu
Cc: amartin16@framingham.edu
Any attempt to contact other individuals at the University to discuss this RFP shall lead to
disqualification and the Proposal shall be considered non-responsive.
The RFP Technical and Pricing Proposal submissions shall be directed to Natasha Bizanos-
Ashe at the address above. Submissions may NOT be emailed.
COMMBUYS is the electronic marketplace for the Commonwealth of Massachusetts. This RFP
is being posted on COMMBUYS strictly for the sake of advertising to the widest possible
audience. All questions and responses to this RFP must be sent to the University’s contact as
stated above.
The University reserves the following rights with respect to this process: to reject any Proposals;
to waive any Proposal technicalities or informalities that are not statutory; to terminate the
selection process at any time; to reject any proposal if the Committee determines such proposal
does not represent the proposal of a person responsible to perform the work; to not award a
contract; to make decisions that are in the best interest of the project; to adjust the process and
schedule as needed; and to initiate an alternate selection process. Also, please note the following
information:
Contract Forms
Proposal # RFP-FSU-21-05
Framingham State University
CERTIFICATION OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has
been made and submitted in good faith and without collusion or fraud with any
other person. As used in this certification, the word “person” shall mean any
natural person, business, partnership, corporation, union, committee, club or
other organization, entity or group of individuals.
__________________________________________ ___________________
Signature of individual submitting proposal Date
Name of business:
Framingham State University
CONTRACTING AND PURCHASING
Excerpt from the Equal Opportunity, Diversity, and Affirmative Action Plan—Approved by the Board of
High Education: September 28, 2018
I. INTRODUCTION
Together, Bridgewater State University, Fitchburg State University, Framingham State
University, Massachusetts College of Art and Design, Massachusetts College of Liberal Arts,
Massachusetts Maritime Academy, Salem State University, Westfield State University and
Worcester State University (collectively, “the Universities”) have carefully developed the
major elements of this Equal Opportunity, Diversity and Affirmative Action Plan with the
understanding that a successful plan requires more than knowledge of the laws, regulations
and current government requirements. This Equal Opportunity, Diversity and Affirmative
Action Plan (“the Plan”) demands vision to fully comprehend what challenges the
Universities face in preparing our students for their post-commencement lives. With this
Plan, the Universities continue to take a step beyond and, both collectively and individually,
commit themselves to the valuing of human dignity, and to the appreciation of the necessity
of providing all members of the University community an experience that equips them to
relate to all persons and groups in the increasingly global and diverse world in which we all
live and work. PURPOSES Pursuant to Mass. Gen. Laws Chapter 15A, the Commonwealth of
Massachusetts’ Board of Higher Education (“BHE”) is responsible for the overall governance
of the Universities. Together with the BHE, the Universities’ Boards of Trustees maintain and
promote a policy of non-discrimination on the basis of race, color, religion, national origin,
age, disability, gender, sexual orientation, gender identity, gender expression, genetic
information, marital or parental status, or veteran status. A primary purpose of this Plan is
to inform the campuses of: (1) the Universities’ prohibition of all forms of discrimination,
discriminatory harassment, sexual violence, sexual and gender-based harassment, domestic
violence, dating violence, stalking and retaliation; (2) the Universities’ efforts to prevent
such behaviors; and (3) the manner in which the Universities will respond to such behaviors,
including the prompt, impartial, fair and thorough investigation and resolution of
complaints. Through this Plan, the Universities also seek to responsibly recognize and, when
possible, resolve the effects of past societal discrimination and the impact which that
discrimination has had. To those ends, the State Universities commit to an ongoing
examination of all policies and procedures to ensure that they do not operate to the
detriment of any person on any discriminatory basis. Finally, the Universities commit to a
pro-active affirmative action posture with respect to the recruitment, selection and
promotion of students and employees.
CONTRACTOR COMPLIANCE
Prior to the awarding of any contract, the Universities shall require that the contractor
provide written assurance of its compliance with applicable state and federal laws and
regulations, including the provisions of this Policy, prohibiting discrimination in
employment. The Universities shall require that every contract made on or after July 1,
1996, for the purchase of goods and services contain the following provisions. 49 1520495_1
“During the performance of this Agreement, the Contractor agrees as follows: 1. The
Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, age, disability, gender, sexual orientation,
gender identity, gender expression, genetic information, marital or parental status, or
veteran status. 2. The Contractor will comply with the provisions of the Governor’s Code of
Fair Practices, with Chapter 151B of the General Laws of Massachusetts, with the Americans
with Disabilities Act and with all other applicable state and federal laws barring
discrimination in employment, and with Section IV of the Massachusetts State Universities’
Equal Opportunity, Diversity and Affirmative Action Plan. 3. In the performance of this
Agreement, the Contractor shall take affirmative action to employ minority and female
subcontractors, vendors and suppliers. 4. The University may at any time require the
Contractor to supply it with such data, as it shall reasonably require for purposes of
determining whether the Contractor is adhering to the above-described prohibitions against
discrimination in employment. 5. In the event that the Contractor shall have failed to
comply with the requirements contained in any of foregoing clauses 1, 2, 3 and 4, the
University may enforce such compliance by withholding part or all of any payment then due
until such time as the Contractor complies with any such requirement, and/or by cancelling,
terminating or suspending the whole or any part of this Agreement. Nothing herein
contained shall bar the University from pursuing such other lawful recourse as it may have
to enforce compliance with the above-described requirements and to recover damages for
their breach.” The Universities reserve the right to disqualify as a contractor any person or
entity that fails to adhere to the prohibitions against the discrimination, discriminatory
harassment and retaliation in employment that are contained in Section IV of this Plan.
CONTRACTOR CONDUCT
All contractors, vendors, consultants and suppliers of goods and services shall be required,
during any period when they or their agents or employees are present at the Universities, to
adhere to standards of conduct that are consistent with this Policy, and all such contractors,
vendors and suppliers, their agents and employees shall refrain from acts or conduct that
constitute harassment of any person by reason of such person’s race, color, religion,
national origin, age, disability, gender, sexual orientation, gender identity, gender
expression, genetic information, marital or parental status, or veteran status. The
Universities shall require every contractor, vendor, consultant, and supplier to instruct its
agents and employees concerning the requirements of this paragraph, and to take actions
including disciplinary actions, to correct any violation thereof.
Acknowledgement of receipt:
___________________________________
Signature
___________________________________ _____________________________
Printed Name Date
Issued May 2004
COMMONWEALTH OF MASSACHUSETTS
CONTRACTOR AUTHORIZED SIGNATORY LISTING
INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a
listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and
other legally binding documents related to the contract on the Contractor’s behalf. In addition to this listing, any
state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof
of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date
that appear on the Contract or other legal document was actually made by the Contractor’s authorized signatory,
and not by a representative, designee or other individual.)
NOTICE: Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by
the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to execute
the document by the signatory.
For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank
account numbers, social security numbers, driver’s licenses, home addresses, social security cards or any other
personally identifiable information that you do not want released as part of a public record. The Commonwealth
reserves the right to publish the names and titles of authorized signatories of contractors.
I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel
for the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals
identified on this listing are current as of the date of execution below and that these individuals are authorized to
sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts
on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that this listing is
immediately updated and communicated to any state department with which the Contractor does business
whenever the authorized signatories above retire, are otherwise terminated from the Contractor’s employ, have
their responsibilities changed resulting in their no longer being authorized to sign contracts with the
Commonwealth or whenever new signatories are designated.
_____________________________________________ Date:
Signature
Title: Telephone:
Fax: Email:
This page is optional and is available for a department to authenticate contract signatures.
It is recommended that Departments obtain authentication of signature for the signatory
who submits the Contractor Authorized Listing.
This Section MUST be completed by the Contractor Authorized Signatory in presence of notary.
Title:
X_____________________________________________________________
Signature as it will appear on contract or other document (Complete only in presence of notary):
__________________________, 20 _______.
__________________________, 20 _______.
ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:
X_ 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 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 applicable Commonwealth Terms and Conditions, this Standard Contract Form, the Standard Contract Form
Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response (excluding any language stricken by a 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: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:
X: . Date: . X: . Date: .
(Signature and Date Must Be Handwritten At Time of Signature) (Signature and Date Must Be Handwritten At Time of Signature)
Print Name: . Print Name: .
Print Title: . Print Title: .
6/30/20 Page 1
COMMONWEALTH TERMS AND CONDITIONS
FOR INFORMATION TECHNOLOGY CONTRACTS
increases due to market fluctuations or in part, or transfer any liability, responsibility, obligation, duty
product availability will not be deemed or interest under a Contract, to another Department, provided
factually beyond the Contractor’s control. that the assignee has agreed to take full responsibility of such
5. Written Notice. Any notice shall be deemed delivered and Contract, liability, responsibility, obligation, duty or interest.
received when submitted in writing in person or when delivered 9. Subcontracting By Contractor. Any subcontract entered into
by any other appropriate method evidencing actual receipt by the by the Contractor for the purposes of fulfilling the obligations
Department or the Contractor. Any written notice of termination under a Contract must be in writing, authorized in advance by
or suspension delivered to the Contractor shall state the effective the Department and shall be consistent with and subject to the
date and period of the notice, the reasons for the termination or provisions of these IT Terms and Conditions and a Contract.
suspension, if applicable, any alleged breach or failure to Subcontracts will not relieve or discharge the Contractor from
perform, a reasonable period to cure any alleged breach or failure any duty, obligation, responsibility or liability arising under a
to perform, if applicable, and any instructions or restrictions Contract. The Contractor shall be responsible for the acts and
concerning allowable activities, costs or expenditures by the omissions of its subcontractors. The Department is entitled to
Contractor during the notice period. copies of all subcontracts and shall not be bound by any
6. Confidentiality, Privacy, and Protection of Data. The provisions contained in a subcontract to which it is not a party.
Contractor shall comply with M.G.L. c. 66A if the Contractor 10. Affirmative Action, Non-Discrimination In Hiring And
becomes a “holder” of “personal data” and shall comply with Employment. The Contractor shall comply with all federal and
M.G.L. c. 93H if the Contractor accesses “personal state laws, rules and regulations promoting fair employment
information.” The Contractor shall also protect the physical practices or prohibiting employment discrimination and unfair
security and restrict any access to personal or other Department labor practices and shall not discriminate in the hiring of any
data in the Contractor’s possession, or used by the Contractor in applicant for employment nor shall any qualified employee be
the performance of a Contract, which shall include, but is not demoted, discharged or otherwise subject to discrimination in
limited to, the Department’s public records, documents, files, the tenure, position, promotional opportunities, wages, benefits
software, equipment or systems. See also the Commonwealth’s or terms and conditions of their employment because of race,
Standard Contract Form and the Enterprise Security Policies and color, national origin, ancestry, age, sex, religion, disability,
Standards: https://www.mass.gov/handbook/enterprise- handicap, sexual orientation or for exercising any rights afforded
information-security-policies-and-standards. by law. The Contractor commits to purchasing supplies and
7. Record-keeping And Retention, Inspection Of Records. The services from certified minority or women-owned businesses,
Contractor shall maintain records, books, files and other data as small businesses or businesses owned by socially or
specified in a Contract and in such detail as shall properly economically disadvantaged persons or persons with disabilities.
substantiate claims for payment under a Contract, for a minimum 11. Liability. Unless otherwise exempted by law, and subject to
retention period of six (6) years beginning on the first day after Section 13, the Contractor shall be liable for any and all claims,
the final payment under a Contract, or such longer period as is liabilities, and costs which arise out of the Contractor’s
necessary for the resolution of any litigation, claim, negotiation, performance of a Contract.
audit or other inquiry involving a Contract. The Department 12. Indemnification. The Contractor shall indemnify and hold
shall have access, as well as any parties identified under harmless the State, including the Department, its agents, officers
Executive Order 195, during the Contractor’s regular business and employees, against any and all claims, liabilities, and costs
hours and upon reasonable prior notice, to such records, for personal injury, property damage, or infringement of
including on-site reviews and reproduction of such records at a intellectual property rights, (each, an “Unlimited Claim”), and
reasonable expense. all claims, liabilities, and costs, in connection with a security or
8. Assignment. The Contractor may not assign or delegate, in data breach, or unauthorized disclosure of data, (each, a “Data
whole or in part, or otherwise transfer any liability, Breach”), and other claims, liabilities, and costs, which arise out
responsibility, obligation, duty or interest under a Contract, with of Contractor’s performance of a Contract. After prompt
the exception that the Contractor shall be authorized to assign notification by the State, the Contractor shall have an
present and prospective claims for money due to the Contractor opportunity to participate in the defense of claims and any
pursuant to a Contract in accordance with M.G.L. c. 106, § 9- negotiated settlement agreement or judgment. The State shall not
318. The Contractor must provide sufficient notice of be liable for any costs incurred by the Contractor arising under
assignment and supporting documentation to enable the this Section 12. The Contractor (including its agents, officers,
Department to verify and implement the assignment. Payments employees or subcontractors) shall at no time be considered an
to third party assignees will be processed as if such payments agent or representative of the Department or the State. Any
were being made directly to the Contractor and these payments indemnification of the Contractor shall be subject to
will be subject to intercept, offset, counter claims or any other appropriation and applicable law.
Department rights which are available to the Department or the 13. Limitation of Liability. Absent a higher limitation of liability
State against the Contractor. Upon prompt written notice to the expressly agreed to in a particular Contract between the
Contractor, the Department may assign or delegate, in whole or Department and the Contractor, the limitation of liability in this
6/30/20 Page 2
COMMONWEALTH TERMS AND CONDITIONS
FOR INFORMATION TECHNOLOGY CONTRACTS
Section 13 shall apply. This Section 13 shall exclusive jurisdiction thereof. The Department, with the
not limit the State’s right of recovery for the approval of the Office of the Attorney General (AGO), may: (i)
Contractor’s indemnification obligations for consent to the jurisdiction of federal courts outside of
an Unlimited Claim under Section 12, nor the State’s ability to Massachusetts; or (ii) agree to voluntary mediation through the
join the Contractor as a third-party defendant in connection with Massachusetts Office of Dispute Resolution (MODR) of any
an Unlimited Claim or Data Breach. The Contractor’s liability Contract dispute and will share the costs of such mediation with
for any Data Breach shall not exceed the greater of: (i) $250,000; the Contractor. No legal or equitable rights of the parties shall
(ii) the amount mandated by applicable State or Federal law; (iii) be limited by this section.
five times the total value of the Contract (or in the case of 17. Contract Boilerplate Interpretation, Severability, Conflicts
subscription-based Contracts, five times the total value of the With Law, Integration. Any amendment or attachment to any
Contract during the committed subscription term); or (iv) the Contract which contains conflicting language or has the effect of
total coverage provided by Contractor’s insurance provider(s) deleting, replacing or modifying any printed language of these
for such Data Breach. The Contractor’s liability for any other IT Terms and Conditions, as officially published by EOTSS,
claim shall not exceed the greater of: (i) $100,000; or (ii) two ANF, CTR and OSD, or any printed language of the Standard
times the total value of the Contract (or in the case of Contract Form shall be interpreted as superseded by the official
subscription-based Contracts, two times the total value of the printed language. If any provision of a Contract is found to be
Contract during the committed subscription term). Except for the superseded by state or federal law or regulation, in whole or in
Contractor’s indemnification obligations for an Unlimited Claim part, then both parties shall be relieved of all obligations under
or Data Breach under Section 12, the Contractor shall not be that provision only to the extent necessary to comply with the
liable for incidental or consequential damages, including without superseding law, provided however, that the remaining
limitation, loss of use of equipment, lost revenue, lost savings or provisions of the Contract, or portions thereof, shall be enforced
lost profits of the State. to the fullest extent permitted by law. All amendments must be
14. Waivers. Forbearance or indulgence in any form or manner executed by the parties in accordance with Section 1 of these IT
by a party shall not be construed as a waiver, nor in any way Terms and Conditions and filed with the original record copy of
limit the legal or equitable remedies available to that party. No a Contract as prescribed by CTR. The printed language of the
waiver by either party of any default or breach shall constitute a Standard Contract Form, as officially published by ANF, CTR
waiver of any subsequent default or breach. and OSD, which incorporates by reference these IT Terms and
15. Risk Of Loss. The Contractor shall bear the risk of loss for Conditions, shall supersede any conflicting verbal or written
any Contractor materials used for a Contract and for all agreements relating to the performance of a Contract, or attached
deliverables, Department personal or other data which is in the thereto, including contract forms, purchase orders or invoices of
possession of the Contractor or used by the Contractor in the the Contractor.
performance of a Contract until possession, ownership and full
legal title to the deliverables are transferred to and accepted by IN WITNESS WHEREOF, the Contractor certifies under
the Department. the pains and penalties of perjury that it shall comply with
16. Forum, Choice of Law And Mediation. Any actions arising these IT Terms and Conditions for any applicable Contract
out of a Contract shall be governed by the laws of Massachusetts, executed with the Commonwealth as certified by their
and shall be brought and maintained in State court in authorized signatory signing the Standard Contract Form.
Massachusetts, unless a federal court in Massachusetts has
6/30/20 Page 3
Completed form should be
Request for Taxpayer
Form W-9 Identification Number and Certification
given to the requesting
department or the department
(Massachusetts Substitute W-9 you are currently doing
Form) Rev. March 2020 business with.
Name (as shown on your income tax return). Name is required on this line, do not leave this line blank.
Check the appropriate box: □ Individual/Sole proprietor □ C Corporation □ S Corporation □ Partnership □ Trust/ Estate □ Other ►-----------------
or single-member LLC
Legal Address: number, street, and apt. or suite no. Remittance Address: if different from legal address number, street, apt. or suite no
City, state and ZIP code City, state and ZIP code
- -
Enter your TIN in the appropriate box. For individuals, this is your social security
number (SSN). However, for a resident alien, sole proprietor, or
disregarded entity, see the Part I instruction on page 2. For other entities, it
is your employer identification number (EIN). If you do not have a number, see OR Employer identification number
How to get a TIN on page 2.
Note: If the account is in more than one name, see the chart on page 2 for
guidelines on whose number to enter. -
Vendors:
Dunn and Bradstreet Universal Numbering System (DUNS)) DUNS
Part II Certification
Purpose of Form conditions. This is called “backup withholding.” 5. You do not certify to the requester that you are
A person who is required to file an information Payments that may be subject to backup not subject to backup withholding under 4 above
return with the IRS must get your correct withholding include interest, dividends, broker and (for reportable interest and dividend accounts
taxpayer identification number (TIN) to report, for barter exchange transactions, rents, royalties, opened after 1983 only).
example, income paid to you, real estate nonemployee pay, and certain payments from Certain payees and payments are exempt from
transactions, mortgage interest you paid, fishing boat operators. Real estate transactions backup withholding. See the Part II instructions
acquisition or debt, or contributions you made to are not subject to backup withholding. on page 2.
an IRA. If you give the requester your correct TIN, make
Use Form W-9 only if you are a U.S. person the proper certifications, and report all your Penalties
(including a resident alien), to give your correct taxable interest and dividends on your tax return, Failure to furnish TIN. If you fail to furnish your
TIN to the person requesting it (the requester) payments you receive will not be subject to correct TIN to a requester, you are subject to a
and , when applicable, to: backup withholding. Payments you receive will penalty of $50 for each such failure unless your
1. Certify the TIN you are giving is correct (or be subject to backup withholding if: failure is due to reasonable cause and not to
you are waiting for a number to be issued). 1. You do not furnish your TIN to the willful neglect.
2. Certify you are not subject to backup requester, or Civil penalty for false information with respect
withholding 2. You do not certify your TIN when required to withholding. If you make a false statement
If you are a foreign person, use the (see the Part II instructions on page 2 for with no reasonable basis that results in no backup
appropriate Form W-8. See Pub 515, details), or withholding, you are subject to a $500 penalty.
Withholding of Tax on Nonresident Aliens and 3. The IRS tells the requester that you furnished
Foreign Corporations. an incorrect TIN, or Criminal penalty for falsifying information.
4. The IRS tells you that you are subject to Willfully falsifying certifications or affirmations
What is backup withholding? Persons making backup withholding because you did not may subject you to criminal penalties including
certain payments to you must withhold a report all your interest and dividends only), or fines and/or imprisonment.
designated percentage, currently 28% and pay to Misuse of TINs. If the requester discloses or uses
the IRS of such payments under certain TINs in violation of Federal law, the requester may
be subject to civil and criminal penalties.
Caution: A disregarded domestic entity that Note: Writing “Applied For” means that you have 6. Sole proprietorship The owner 3
has a foreign owner must use the appropriate already applied for a TIN or that you intend to 7. A valid trust, estate, or Legal entity 4
Form W-8. apply for one soon. pension trust
8. Corporate The corporation
Other entities. Enter your business name as Part II - Certification 9. Association, club, The organization
shown on required Federal tax documents on religious, charitable,
the “Name” line. This name should match the To establish to the paying agent that your TIN is educational, or other
name shown on the charter or other legal correct or you are a U.S. person, or resident tax-exempt organization
document creating the entity. You may enter alien, sign Form W-9. 10. Partnership The partnership
any business, trade, or DBA name on the 11. A broker or registered The broker or nominee
For a joint account, only the person whole TIN is
“Business name” line. nominee
shown in Part I should sign (when required).
12. Account with the The public entity
Part I - Taxpayer Identification Real estate transactions. You must sign the Department of
Number (TIN) certification. You may cross out item 2 of the Agriculture in the name
certification. of a public entity (such
Enter your TIN in the appropriate as a state or local
box. Privacy Act Notice government, school
district, or prison) that
If you are a resident alien and you do not Section 6109 of the Internal Revenue Code receives agricultural
have and are not eligible to get an SSN, your requires you to give your correct TIN to persons program payments
TIN is your IRS individual taxpayer who must file information returns with the IRS to
identification number (ITIN). Enter it in the report interest, dividends, and certain other
social security number box. If you do not have income paid to you, mortgage interest you paid, 1
List first and circle the name of the person whose
an ITIN, see How to get a TIN below. the acquisition or abandonment of secured
number you furnish. If only one person on a joint
property, cancellation of debt, or contributions
If you are a sole proprietor and you have an account has an SSN, that person’s number must be
you made to an IRA or MSA. The IRS uses the
EIN, you may enter either your SSN or EIN. furnished.
numbers for identification purposes and to help
However, the IRS prefers that you use your verify the accuracy of your tax return. The IRS 2
Circle the minor’s name and furnish the minor’s SSN.
SSN. may also provide this information to the
3
Department of Justice for civil and criminal You must show your individual name, but you may
If you are an LLC that is disregarded as an litigation, and to cities, states, and the District of also enter your business or “DBA” name. You may
entity separate from its owner (see Limited Columbia to carry out their tax laws use either your SSN or EIN (if you have one).
liability company (LLC) above), and are
4
owned by an individual, enter your SSN (or .List first and circle the name of the legal trust, estate,
You must provide your TIN whether or not you
“pre-LLC” EIN, if desired). If the owner of a or pension trust. (Do not furnish the TIN of the
are required to file a tax return. Payers must
disregarded LLC is a corporation, partnership, personal representative or trustee unless the legal
generally withhold a designated percentage,
etc., enter the owner’s EIN. entity itself is not designated in the account title.)
currently 28% of taxable interest, dividend, and
Note: See the chart on this page for further certain other payments to a payee who does not Note: If no name is circled when more than one name
clarification of name and TIN combinations. give a TIN to a payer. Certain penalties may also is listed, the number will be considered to be that of
apply. the first name listed.
Use Cases
Use cases will be conducted in virtual presentations. Framingham State will contact vendors
after RFPs have been received and technical responses reviewed.