26EHSPMPCAPEPRFR: RFR for Pooled Employer Plan provider services for MassHealth PCA Program

The Commonwealth of Massachusetts, through the Executive Office of Health and Human Services and the PCA Workforce Council, is soliciting proposals to establish a Pooled Employer Plan for consumer-employers in the MassHealth Personal Care Assistant program. The procurement, identified as BD-26-1039-EHS01-ASHWA-120478, is issued under a Request for Response and is governed by the Commonwealth’s Standard Contract Form, which incorporates binding terms and conditions addressing financial accountability, legal compliance, data security, and ethical conduct. The contract requires vendors to manage the administrative and fiduciary responsibilities of a pooled plan, ensuring compliance with state laws including M.G.L. c. 93H and c. 66A for data privacy, labor standards under M.G.L. c. 149, and anti-discrimination and human trafficking statutes. Contractors must be authorized through formal certification processes, including submission of a Contractor Authorized Signatory Listing form, a Massachusetts Substitute Form W-9 for tax identification, and adherence to all financial, reporting, and contractual obligations as defined in the Commonwealth’s procurement policies. Performance will be centered in Boston, Massachusetts, with the Department Contract Manager serving as the primary point of contact for administration and oversight. The contract emphasizes a Best Value award methodology, evaluating technical capability, past performance, financial responsibility, supplier diversity commitments, and cost-effectiveness without a fixed scoring weight system. Contractors must commit to utilizing certified diverse businesses in their procurement activities and are required to report promptly any organizational changes, legal actions, or security breaches involving Commonwealth data. All records must be retained for six years and remain accessible for audits or inspections, with the contractor assuming full liability for subcontractor performance and indemnifying the state against claims arising from contract execution. Payments will be processed via Electronic Funds Transfer with potential prompt-pay discounts, and the contractor bears the full risk of loss until deliverables are formally accepted. The contract prohibits assignment without written approval and mandates strict confidentiality and compliance with state ethics and procurement laws, with no federal FAR clauses applied—only Massachusetts-specific statutory and regulatory frameworks govern execution and compliance.