ITS86 Software and Service: This is a multi-state Statewide Contract (SWC) for software and related services, including installation, implementation, customization, training, support, and maintenance. This contract includes vendors that are Software Resellers, Software Publishers, and Software Implementation Services Providers. Types of software available include Commercial-Off-the-Shelf (COTS) Software, Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).

In addition to the above, this contract also includes the following provisions:

• Nine (9) large-scale Software Resellers in Category 1, representing multiple Software Publishers
  • Additional resellers will be added as vendors sign ITS86 contracts
• Direct contracts with select Software Publishers on Category 2
  • Additional publishers will be added as vendors sign ITS86 contracts
• Vendors in all categories may provide installation, implementation, customization, training, support, and maintenance services utilizing internal staffing

For the Master Contract Record, refer to the ITS86 Master Contract Record.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• ·       Partnering with a pool of qualified and experienced vendor
•         ITS86 covers nearly all commercially available software

This contract includes 3 categories listed as follows:  

• Category 1: Software Resellers
• Category 2: Software Publishers
• Category 3: Software Implementation Services Provider

Refer to the Appendix for a description of the four categories.

Please refer to the following list of products and services not available for purchase:

• Oracle: Oracle software must be purchased directly from the Software Publisher via the ITS64 contract, not through ITS86.
• Cloud Solutions for Massachusetts Executive Agencies and other Commonwealth Network Users: MA Executive Agencies and other users of the Commonwealth Network must contact EOTSS for approval before purchasing these services. 
  

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers may access the price files and vendor catalogs without signing into a COMMBUYS account.

Pricing is structured as follows (buyers may negotiate additional discounts):

• Category 1 (Software Resellers): A percentage markup or markdown applied to the invoice from the Software Publisher.
• Categories 2 and 3 (Software Publishers and Implementation Services): A percentage discount off the vendor’s standard pricing and/or Rate Card for hourly rates.

The pricing options are outlined as follows:

• Percentage markup or markdown of the price paid by the Software Reseller: 
  • Pricing for Software Resellers (Category 1) is based on a variable markup or discount off the price the Reseller pays the Software Publisher. This pricing structure includes software implementation services provided by a Publisher but sold by the Reseller.
  • Because the Reseller's cost can fluctuate based on their individual agreements with the Software Publisher, the lowest markup on the pricing sheets does not guarantee the lowest final price for the end-user.
  • For this reason, buyers should seek competitive quotes from several Resellers to identify the best value for their specific needs.
  • Each Software Reseller’s MBPO in COMMBUYS contains their Named Software Publishers form, which details some, but not all, available Software Publishers from that reseller. 
• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and may be subject to further negotiation.
• Hourly Rates for Services: Vendors in all categories may provide software implementation services using their in-house staff based upon the rate cards published in the vendor pricing sheets.
• Software Publishers: software pricing from Publishers is variable based on scope, term, and other commercial factors. Buyers should request quotes from Publishers with specific details of their requirements to ensure accurate quotation.

Note: Links to all the vendors’ Master Blanket Purchase Orders (MBPOs), where product pricing may be found, are provided in the Vendor List and Information.

Buyers should refer to the following when soliciting quotes from awarded vendors:

• Contract users should always reference ITS86 when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.
• For a full description of how to complete a quote in COMMBUYS, refer to the How to Request Quotes from Vendors on Statewide Contracts job aid.
• Include the following statement on your Purchase Order: “All of the terms and conditions of Statewide Contract ITS86 are incorporated herein and made a part hereof. Conflicting terms, conditions or agreements included in or attached to this form, or accepted via a click-through agreement, shall be considered to be superseded and void.” 
• If the Software Publisher has provided any documents that the Eligible Entity must sign or otherwise accept, or if the Eligible Entity and the Software Publisher have negotiated any other written agreement, the Software Publisher must provide these to the Reseller and the Reseller must include them in their quote.

Buyers must solicit quotes when using this contract.

• Eligible Entities purchasing a specific brand of software with a total value exceeding $5,000 are required to solicit quotes from at least three (3) of the authorized Software Resellers in Category 1.
  • Quotes may be obtained from public websites or by direct request for items not cataloged online.
  • Quote requests issued via COMMBUYS must provide Resellers with a response window of at least four (4) hours, but do not have to be more than four (4) hours.
  • Entities may proceed with an award without receiving responses from all solicited Resellers.
  • While accepting the lowest bid is not mandatory, any decision to select a higher-priced quote must be justified and recorded within the official procurement file.
  • A “no bid” response is considered an acceptable response.  
• If a product or service cannot be provided by any Reseller or Category 2 Software Publisher under the Statewide Contract, it is considered unavailable through this channel. You may then use an alternative procurement method based on the scope of the purchase.
  • To determine the procurement method, State Agencies may consult Appendix D of the Best Value Procurement Handbook; other entities must consult their own procurement regulations.
  • Your procurement file must document that you requested quotes from the Software Resellers and include their responses. 
  • Alternatively, you may include a letter or email from the Software Publisher explicitly stating that no Resellers on ITS86 are authorized to resell their products.
• Multiple quotes are not required for:
  • Maintenance renewals
  • Microsoft software
  • Products from Category 2 Software Publishers.
    

Please note the following regarding software pricing and availability from Category 1: Software Resellers:

• Pricing is dynamic: Actual product pricing is subject to frequent changes by Software Publishers and is not provided in static vendor price files.
• Catalogs are selective: Reseller websites typically list only the most popular products due to the sheer volume of available software titles.
• Request a quote: If you cannot find the product you need, please ask the Software Reseller for a quote.
• Broad availability: Resellers are not limited to their advertised range and can usually source and add unlisted products to their offerings.

The purchase options identified below are the only acceptable options that may be used in this contract:

• Fee-for-Service contract
• Direct, outright purchases
• Term lease agreement (long-term contract with fixed periods)
• License agreement
• Subscription

This contract provides for the following methods of purchase:

• Quote Solicitation: Buyers may solicit quotes from multiple vendors (refer to the Vendor List and Information for a list of eligible vendors), award vendors, and place orders through COMMBUYS. A solicitation-enabled contract allows the buyer to solicit quotes from vendors who have Master Blanket Purchase Orders (MBPOs) or Statewide Contracts in COMMBUYS. The buyers may create a solicitation-enabled bid using a release requisition, converting the requisition to a bid, and then requesting quotes from eligible vendors. 

Refer to the How to Request Quotes from Vendors on Statewide Contracts job aid for more details.

• Direct Purchase of Non-Fixed Price Item ($0 Line Item) on Vendor’s MBPO: Applicable to products and services that may require customized quoting. Review the Vendor List and Information for a list of eligible vendors. The Buyer can create a Release Requisition in COMMBUYS, submit the requisition for approval in COMMBUYS, and then send the vendor a Release Purchase Order.
  • This may be done if you do not need to solicit a quote. For example, if the Reseller has automatically sent you a quote for maintenance renewal or if you have obtained product pricing from the vendor's ITS86 specific website catalog.

Reference the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details.

• Establishing a Purchase Order (PO) for partial payments:
  1. Initially enter the PO for the full amount (known or estimated), as per the instructions above. Then process partial receipts, in stages, as you receive billing from the vendor. 
  2. Insert the following language in the special instructions box of the PO: “This Purchase Order represents the total estimated expenditure for this ITS86 engagement (insert brief description), against which (identify department) will execute partial receipts in COMMBUYS upon receipt and approval of invoices, in order to record the work accomplished according to the agreed upon engagement terms. All estimated expenditures are subject to reconciliation based on invoices rendered for agreed upon delivery of goods and/or services.” 
  3. Attach your PO to the Attachments tab of your requisition.

Important: Executive Departments and other Commonwealth network users must request approval from the Executive Office of Technology Services and Security (EOTSS) to use ITS86 for specific purchases. Please refer to the following guidelines:

• On-premise software: No approval required.
• Software as a Service (SaaS) and related services: No approval required, provided that all purchases comply with the purchasing guidelines. An ITS86-specific guide will be published in the coming days, but in the interim please refer to the ITS75 Purchasing Guidelines. 
• Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and related services: EOTSS’ approval is required. Prior to issuing a Request for Quote (RFQ), submit a description of the intended purchase, including the specifications, functionality, number of users, and anticipated costs to EOTSS. An ITS86-specific EOTSS inbox will be added in the coming days, but in the interim please use the EOTSS ITS75 Requests.
  

Performance and Payment That Goes Beyond Contract End Date

The extend beyond period is in place to allow performance and payment obligations under a contract to continue after the contract term has ended. This period is primarily used to aid the transition between an expiring contract and its replacement and to ensure the continuity in service delivery.

For extend beyond, the following stipulations are in place:

• Buyers may not enter into a written agreement that will go more than four (4) years beyond the maximum end date of the contract. Existing services may be completed and payments made during this period.
• No new agreements, including leases, rentals, or service contracts, may be made after the contract's expiration.
• Agreements established prior to the Master Agreement expiration may allow performance and payment obligations to continue until the maximum Extend Beyond date.
  

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter ITS86 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

Statement of Work (SOW) templates are provided on the ITS86 Master Contract Record. 

The following are examples of required information on the SOW (your organization may require more details):  

• Scope of services
• Deliverables dates
• Location of service
• Detailed budget
• Estimated total costs 
• Number of staff
• Rate(s) per hour
  

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

Leasing 

Leasing software (including both lease-purchase and term leases) is permitted only if the Eligible Entity's internal rules and regulations allow for it. 

Key conditions: 

• Term leases (where the software must be returned at the end of the lease period) are allowed only when the software is leased together with the hardware it runs on. 
• For all leases, the Eligible Entity is responsible for securing financing through a third-party leasing company, following its own procurement laws and regulations. 
• The third-party leasing company will then pay the ITS75 vendor directly. 

For shipping, delivery, and returns, please follow these guidelines:

• Shipping charges may be negotiated and allowed under reasonable circumstances including but not limited to rush shipping requests by the Eligible Entity. 
  

Vendors on this contract may be required to provide products or services in cases of statewide emergencies. The 801 CMR 21.05(3) defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Joshua Flanagan-Lanier or Kerri Quinn) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

• Vendors are expected to respond to all quote requests from Buyers with a response of “No Bid” or a firm quote. 

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract ITS86 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Joshua Flanagan-Lanier or Kerri Quinn) for guidance. 
• Vendors must notify buyers of product substitutions.

When placing orders with a vendor, MOSAIC users must reference the contract ID number ITS86* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MOSAIC).

UNSPSC for ITS86: 

• 43–23–00 : Software
• 81–11–22 : Software Maintenance & Support
• 81–11–00 : Computer Services 
  

Category 1, Software Resellers: Large account resellers are authorized to sell products directly from multiple key software publishers or authorized distributors. 

Category 2, Software Publishers: Software Publishers and Cloud Services providers. These vendors are defined as the parties who own the software's copyright and intellectual property, not simply those who possess a license to resell it.

Category 3, Software Implementation Services Providers: Services include technical design, implementation, integration, installation, configuration, customization, training, documentation, maintenance, support, and cloud migration and monitoring. Software sales are not allowed under this category.