0 Musical Instruments and Accessories Purchase Maintenance and Repairs Master Agreement RFA.pdf

The Commonwealth of Massachusetts Executive Office of Health and Human Services

Department of Mental Health

Document Title: Request For Application for Musical Instruments and Accessories Purchase Maintenance and Repairs Master Agreement

COMMBUYS Bid Number: BD-25-1022-DMH08-8210C-113384

DMH RFA Number: DMHMUS-25-35

Date: March 3, 2025

Contact Name: Elizabeth Welch, Director of Contract Administration, Audit and Systems

Email: elizabeth.welch@mass.gov

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.COMMBUYS.com. This is a single document associated with a complete Bid (also referred to as Solicitation). Bidders are responsible for going on COMMBUYS and reviewing and adhering to the information, forms, and requirements of the entire Bid. Bidders having questions about COMMBUYS may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888-MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m. Monday through Friday, Eastern Time, except during federal, state, and Suffolk County holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

TABLE OF CONTENTS

SECTION 1. REQUEST FOR APPLICATION (RFA) INTRODUCTION AND GENERAL

DESCRIPTION

1.1 Number of Anticipated Awards and Overview of Services Being Procured

1.2 Small Business Purchasing Program (SBPP)

1.3 Contract Duration

1.4 Acquisition Method(s)

1.5 Anticipated Expenditure, Funding or Compensation for Expected Duration

SECTION 2. PROCUREMENT EVENTS, TIMETABLE AND OVERVIEW OF RULES

GOVERNING THE PROCUREMENT

2.1 Procurement Calendar

2.2 Accommodations

2.3 Written Questions Via COMMBUYS

2.4 Bid Amendments, Withdrawal, and Cancellation

2.5 Applicable Procurement

2.6 Required Use of COMMBUYS

2.7 Bidders Prohibited from Adding Application Terms or Making Alterations

2.8 Ownership of Submitted Applications and Application Costs

2.9 Bidder Certifications

SECTION 3. BIDDER QUALIFICATIONS

3.1 Entity Requirements

3.2 Executive Order 515, Establishing an Environmental Purchasing Policy, and Executive Order 619 Eliminating the Purchasing by the Executive Department of Single use Plastic Bottles

SECTION 4. DMH MISSION, VISION, AND COMMITMENT TO RACE, EQUITY, AND

INCLUSION 9

4.1 Mission and Vision Statements

4.2 Commitment to Race, Equity, and Inclusion (REI)

SECTION 5. FISCAL SPECIFICATIONS

5.1 Unit Rate / Fee for Service

5.2 Invoicing

5.3 Small Business Purchasing Program Preference

SECTION 6. APPLICATION INSTRUCTIONS

6.1 Submission Format and Number of Permitted Applications

6.2 Application Requirements

6.3 File Naming Conventions

6.4 Page Limits and Attachments

SECTION 7. REVIEW AND SELECTION PROCESS

7.1 Compliance with Submission and Qualification

7.2 Review Process

7.3 Recommendation for Award

7.4 Selection and Contract Negotiations

7.5 Rejection of Applications

7.6 Contract Award Decision and Award Notification

SECTION 8. CONTRACT

8.1 Master Agreement Contract

8.2 Master Agreement List

8.3 Provider’s Contact Information

8.4 Review of Qualified Bidders

Attachments in the Bid’s COMMBUYS File

SUBMIT AS PART OF APPLICATION

DMH Business Reference Form RFA Cover Sheet and Application

MEMOS and INSTRUCTIONS DMH Standard Contract Requirements OSD Instructions for Vendors Responding to Bids via COMMBUYS OSD RFR - Required Specifications for Commodities and Services

For review: TO BE SUBMITTED ONCE BIDDERS ARE QUALIFIED Commonwealth of Massachusetts Standard Contract Form and Instructions, Contractor Certification, and Commonwealth Terms and Conditions Contractor Authorized Signatory Listing Electronic Funds Transfer Sign-Up Form MA Form W-9 Request for Taxpayer Identification Number and Certification

SECTION 1. REQUEST FOR APPLICATION (RFA) INTRODUCTION AND GENERAL

DESCRIPTION

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.COMMBUYS.com.

For more information on COMMBUYS, please see OSD RFR - Required Specifications for Commodities and Services, included in the COMMBUYS file of this Bid.

Unless otherwise stated, attachments to this Request For Application (RFA) are included in the Bid’s COMMBUYS file. A list of the attachments that were included when this RFA was issued is set forth at the end of the Table of Contents. The attachments are incorporated into the RFA by this reference. Bidders should review the attachments with care.

The terms of 801 CMR 21.00: Procurement of Commodities and Services and are incorporated by reference into this Request for Application (RFA). Capitalized Words used in this RFA shall have the meanings defined in 801 CMR 21.00. Additional definitions are provided in the document labeled Definitions, that is included in Bid’s COMMBUYS File.

1.1 Number of Anticipated Awards and Overview of Services Being Procured The Commonwealth of Massachusetts Department of Mental Health (DMH) is seeking to award multiple Contracts for high-quality musical instruments, supplies and accessories including maintenance and repair.

The Music Therapists at Tewksbury Hospital within the DMH Rehab Department are requesting the purchase and maintenance of musical instruments and also the purchase of musical instrument accessories items that are used daily such as guitar picks, manuscript paper and guitar strings.

Musical instruments may include (and are not limited to) guitars, ukeleles and rollup keyboards.

The department currently has 5 guitars used by the Music Therapists for groups and individual sessions and 4 guitars designated for individuals to utilize on their own time which stays on the person’s unit. These guitars may require maintenance and repair. Vendors will pick up instruments from various sites, repair and return.

Anticipated Initial Purchases:

9 set ups for maintenance at $100- $900 4 guitars at $200 each- $800 4 rollup keyboards (Portable Roll Up Piano) at $50 each- $200 Daily material (picks, strings, capo, tuners, batteries, manuscript paper)- $200

Expected Future Purchases

13 sets ups for maintenance at $100- $1,300 Daily material (picks, strings, capos, tuners, batteries, manuscript paper)- $200 Miscellaneous needs (speaks, aux chords, microphones, instruments, drums etc)- $200

A set up is a tune-up to maintain the longevity of the guitar. This includes, but not limited to, neck adjustment, cleaning/polishing and anything that needs to be replaced or fixed.

1.2 Small Business Purchasing Program (SBPP)

This procurement is subject to the Massachusetts Small Business Purchasing Program (SBPP). While all businesses may submit applications for the Contracts, regardless of their size or principal place of business, if an SBPP participant responds to and meets the best value criteria as described in this Bid for any one of the Contracts, the SBPP participant will be awarded that Contract.

The submissions received from non-SBPP participants for the Contract will not then be reviewed.

1.2.1 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 DMH to award this Small Procurement to a SBPP participating business as described below.

1.2.2 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:

Have its principal place of business in the Commonwealth of Massachusetts;

Been in business for at least one year;

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

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.

1.2.3 SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a application and https://www.mass.gov/sbpp https://www.mass.gov/sbpp 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/ throughout the life of any resulting Contract. Misrepresentation of SBPP status will result in disqualification from 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.

1.2.4 Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

1.3 Contract Duration

The expected duration of the Contracts to be award under this RFA is as follows:

Number of Years/Months

Instructions

Anticipated Initial Duration

Five (5) years and Three (3) Months

Renewal Options

Five (5) one-year options to renew

DMH may exercise more than one option to renew at any time and/or renew for a shorter duration if in its best interest.

Total Estimated Contract Duration

Ten (10) years and Three (3) months

Decisions to award or renew a Contract are subject to appropriations, contractor performance DMH needs, and the provision of the Commonwealth Terms and Conditions.

Anticipated end date of the Contracts with the exercise of all renewals

June 30,2035

DMH will provide the Contractors with written notice of its intent to renew.

1.4 Acquisition Method(s)

Check On: Category

Cost Reimbursement Unit Rate Other: (e.g., accommodation)

1.5 Anticipated Expenditure, Funding or Compensation for Expected Duration Check One

Category

Contracts will have a Maximum Obligation Rate Contract: Contracts will NOT have a Maximum Obligation Amount http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

SECTION 2. PROCUREMENT EVENTS, TIMETABLE AND OVERVIEW OF RULES

GOVERNING THE PROCUREMENT

2.1 Procurement Calendar

EVENT DATE

Bid Release Date March 3,2025 Deadline for submission of questions through COMMBUYS “Bid Q&A”

Deadline to submit questions for the First Response to Questions is March 10, 2025, at 12 p.m.

Thereafter questions may be submitted at any time up to June 1, 2035, at 3 p.m.

Answers to Bid Q&A Published (Estimated)

The First Response to Questions will be posted on March 11, 2025

Thereafter Responses to questions will be posted at a minimum every 90 days, as is necessary.

Period for Submitting Applications Deadline to submit Applications for the First MA Review and Award Period is April 16, 2025, 12 p.m.

Thereafter Applications may be filed at any time up to June 13, 2035, at 3 p.m.

MA Awards (Estimated) The first MA Awards will be made during the week of April 21, 2025, with an anticipated contract start date of May 1, 2025.

Thereafter MA Awards will be made at a minimum every 90 days, as is necessary.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders 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.

2.2 Accommodations

Bidders who need reasonable accommodations regarding this RFA must submit an email to the RFA contact person (listed in the RFA Title sheet) that describes their needs and the desired accommodations. Requests will be addressed on a case-by-case basis. DMH may deny requests that cause undue hardship or otherwise are not deemed ‘reasonable’. Accommodation could include, but are not limited to, the receipt of RFA information in an alternative format; language access such as translations and/or interpreters, or other types of assistance at the Bidders’ Conference and or other stages of the procurement (e.g., Questions and Answers, Bidder’s Presentation, Contract Negotiation, etc.).

For more information, see the “Reasonable Accommodations” section of the OSD RFR Required Specification for Commodities and Services that is included in the Bid’s COMMBUYS file.

2.3 Written Questions Via COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions regarding this Bid and receive written answers from DMH. Questions must be submitted through the Bid Q&A found on COMMBUYS prior to the Deadline for Submission of Questions stated in Subsection 2.1. DMH may not to respond to questions submitted after the deadline. It is the Bidders’ responsibility to verify receipt of questions.

Questions submitted using any other medium (including mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders should review all questions previously submitted to determine whether their question have already been posted.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. DMH may edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

Answers are final when posted. Subsequent revisions to previously provided answers will be dated.

To Locate Bid Q&A on COMMBUYS: log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. A “Bid Q&A” button is on the bottom of that page, and it provides access to the Bid Q&A page.

2.4 Bid Amendments, Withdrawal, and Cancellation

DMH may make amendments to the Bid. Bidders must check COMMBUYS for changes to this Bid, and any Bid Q&A records related to this Bid. DMH accepts no responsibility and will not accommodate Bidders who submit an Application based on an out-of-date Bid or on information received from a source other than

COMMBUYS.

This RFA does not commit DMH to award any Contracts. DMH, at its discretion, may accept or reject any Applications; negotiate with any or all qualified Bidders;

and withdraw and cancel the RFA, in part or its entirety, at any time.

2.5 Applicable Procurement

This Bid is issued under the following law(s):

Check One

Executive Branch Goods and Service Type of Purchase

Applicable Laws

Goods and Services

MGL c. 7, §22; c. 30, §51, § 52; 801 CMR 21.00

Contract may be funded in full or in part with Federal funds, check if applicable.

Applicable Laws

Yes No

2.6 Required Use of COMMBUYS

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid.

2.8.1 COMMBUYS Resources. The following resources are available to assist Bidders in using COMMBUYS and submitting Applications:

OSD Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is included in the Bid’s COMMBUYS file.

COMMBUYS Support and 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.

http://www.mass.gov/osd/commbuys mailto:OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk on 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.

2.8.2 Active Registration in COMMBUYS. It is the responsibility of a prospective Bidder and awarded Contractors to maintain an active registration in COMMBUYS to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from DMH, including requests for clarification. DMH and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/awarded Contractor and DMH to be lost or rejected by any means including email or spam filtering.

COMMBUYS provides its registration functionality at no charge. To register review the COMMBUYS Job Aide COMMBUYS Vendor Registration and/or go to www.COMMBUYS.com and click on the “register” link on the front page.

2.7 Bidders Prohibited from Adding Application Terms or Making Alterations Bidders in their Application must not 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 RFA. Similarly, Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFA. 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 Bid.

2.8 Ownership of Submitted Applications and Application Costs All materials submitted by Bidders become the property of the Commonwealth and will not be returned. The Commonwealth may use any ideas, concepts, or configurations that are presented in a Bidder’s Application, whether or not it is selected for a Contract award.

Applications stored on COMMBUYS in the encrypted lockbox are the files of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active.

DMH and the Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFA.

https://www.mass.gov/doc/commbuys-vendor-registration-job-aid/download

2.9 Bidder Certifications

In addition to the certifications found in the Commonwealth’s Standard Contract Form, a Bidder by submitting an Application, certifies that the Application has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding, or planned common course of action with any other Bidder of the commodities and/or services described in the RFA. Also, the Bidder certifies the Bid will remain in effect for at least 90 days from the date of Application submission

SECTION 3. BIDDER QUALIFICATIONS

As part of the minimum submission review process, described in Subsection 7.1, it will be determined if a Bidder meets the Entity and Fiscal Requirements set forth in this Section

3. If not, the Bidder’s Application will be rejected and not fully reviewed.

3.1 Entity Requirements

3.1.1 Experience. At a minimum a Bidder must have Three (3) years of experience providing musical instruments sales, maintenance and repair services.

3.1.2 Solvency and Tax Compliance. Bidder/Contractors must (i) not be or have been in bankruptcy and/or receivership within the last three (3) calendar years; (ii) have and maintain at least three (3) months of adequate reserves for operating expenses; and (iii) be in good standing with the Internal Revenue Service and applicable state tax authorities.

3.1.3 Debarment. Bidders/Contractors must not be subject to a federal or state debarment order. Executive Order 147; MGL c.29, § 29F and MGL c.152, §25C.

DMH cannot award a Contract to a Bidder currently subject to a Massachusetts or federal debarment order. If awarded a Contract, the Contractor must ensure that none of its subcontractors are subject to a debarment order and must notify DMH if they become subject to one.

3.2 Executive Order 515, Establishing an Environmental Purchasing Policy, and Executive Order 619 Eliminating the Purchasing by the Executive Department of Single use Plastic Bottles Under Executive Order 515, issued October 27, 2009, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent the best value, consistent with 801 CMR 21.00. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. A Contractor under this RFA, must comply with the specifications and guidelines established by OSD and the EPP Program.

Questions concerning the Executive Order, or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Executive Order can be found at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

Bidders must complete the DMH Environmental Preferable Product Checklist included in the Bid’s COMMBUYS file and at a minimum a Bidder must commit to preforming at least one item on the checklist if awarded the Contract. Preference will be given to Bidders that commit to doing more than one item on the form.

Also, Contractors shall not utilize in the Services rendered under this procurement single use individual plastic bottles beverages as specified in Executive Order # 619, Eliminating the Purchase by the Executive Department of Single-Use Plastic Bottles. The Executive Order can be found at: https://www.mass.gov/law-library/massachusetts-executive-orders-600-699.

SECTION 4. DMH MISSION, VISION, AND COMMITMENT TO RACE, EQUITY, AND

INCLUSION

Contractors will be responsible for ensuring DMH’s mission; vision; commitment to race, equity, and inclusion are adhered to in all Contract activities and by all staff members.

4.1 Mission and Vision Statements

Vision statement Mental health is an essential part of health care. The Massachusetts Department of Mental Health, as the State Mental Health Authority, promotes mental health through early intervention, treatment, education, policy, and regulation so that all residents of the Commonwealth may live full and productive lives.

Mission Statement The Department of Mental Health, as the State Mental Health Authority, assures and provides access to services and supports to meet the mental health needs of individuals of all ages, enabling them to live, work, and participate in their communities. The Department establishes standards to ensure effective and culturally competent care to promote recovery. The Department sets policy, promotes self-determination, protects human rights, and supports mental health training and research. This critical mission is accomplished by working in partnership with other state agencies, individuals, families, providers, and communities.

4.2 Commitment to Race, Equity, and Inclusion (REI)

DMH is committed to advancing anti-racism and social justice throughout the organization. DMH believes that everyone, regardless of their race, national origin, sex, religion, ability, age, sexual orientation, and identity, should be treated fairly and receive resources equitably to feel valued and safe. DMH recognizes this requires ongoing effort to bring about meaningful and lasting change. This http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/law-library/massachusetts-executive-orders-600-699 https://www.mass.gov/law-library/massachusetts-executive-orders-600-699 includes reviewing our policies and practices, as well as examining our contributions to inequity. Achieving this goal is crucial to fulfilling DMH's mission of providing access to mental health services and comprehensive mental health assistance to all individuals.

DMH places a high priority on promoting race, equity, and inclusion in all its services and internal business practices. This commitment is crucial as it has a direct or indirect effect on employees, individuals who receive services, their families, providers, and communities. Therefore, it is vital to give equal priority to both service delivery and internal practices to ensure that this commitment is reflected in all aspects of the Department’s work.

A commitment to ensuring race, equity, and inclusion includes but is not limited to:

a. addressing both the results and root causes of historical and systemic disparities;

b. providing physical and linguistic accessibility;

c. engaging with communities across the Commonwealth, especially those that have been traditionally underserved by the behavioral health system to listen and learn in order to better provide culturally and linguistically responsive mental health services;

d. creating physically and emotionally welcoming, safe, and inclusive spaces;

e. seeking out and considering the perspectives and experiences of individuals and groups who have been traditionally excluded from positions of power or influence;

f. utilizing data for continuous monitoring and evaluation of progress towards these goals;

g. maintaining transparent and accessible communication with both employees and stakeholders; and

h. responding appropriately to harm caused by discriminatory and/or inequitable treatment.

SECTION 5. FISCAL SPECIFICATIONS

5.1 Unit Rate / Fee for Service

All-inclusive unit rates will be paid for maintenance and repair services. Musical instruments and accessories will also be purchased at an all-inclusive unit rate.

Rates are set with the vendor application and contract execution. Emailed quotes must be obtained and approved before purchases are made.

5.2 Invoicing

Invoicing must be done monthly. A Contractor is required to enter their billing Information for the previous month by the 10th day of each month.

A Contractor must gather and submit to DMH monthly an Invoice and Expenditure Report that identifies expenditures for the previous month.

Invoices submitted to DMH must not include sales tax.

DMH may develop a standard invoice and Expenditure Report to be used by the Contractor.

Invoices must be sent by email to the DMH Non-POS Accounts Payable Unit:

bbnhsinvoices@MassMail.State.MA.US

5.2.1 Payments. Payments will be processed in accordance with the policies and regulations established by the Massachusetts Office of the Comptroller.

5.3 Small Business Purchasing Program Preference

5.3.1 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 DMH to award the Contracts under this RFA to one or more SBPP participating business(es) as described below.

5.3.2 SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit Applications to this solicitation, should an SBPP participant Application to one of the Contracts meet the best value criteria as described in this solicitation, the SBPP participant will be awarded the Contract for which it submitted an Application if one can be successfully negotiated. DMH will not evaluate submissions from non-SBPP participants for a contract, unless no Application by a SBPP Bidder meets the DMH’s best value evaluation criteria or a Contract cannot be negotiated with one that does.

5.3.3 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:

Have its principal place of business in the Commonwealth of Massachusetts;

Been in business for at least one year;

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

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.

https://www.mass.gov/sbpp https://www.mass.gov/sbpp 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/

5.3.4 SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting an Application and throughout the life of any resulting Contract. Misrepresentation of SBPP status will result in disqualification from 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.

5.3.5 Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

SECTION 6. APPLICATION INSTRUCTIONS

6.1 Submission Format and Number of Permitted Applications

6.1.1 On-Line Application. An online Application submission is required.

Bidders must submit their Applications online using tools available only to sellers registered in COMMBUYS.

Bidders should allow adequate time for the submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DMH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission.

Bids submitted via COMMBUYS are time stamped by the COMMBUYS system

6.1.2 Electronic Signatures. A Bid submitted via COMMBUYS must be signed electronically by the Bidder, or the Bidder’s Agent, by accepting the terms and conditions on the bid on the “Terms and 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 they are an agent of the Bidder with authority to sign on the Bidder’s behalf and that they have read and assented to each document’s term.

6.1.3 Number of Applications. A Bidder may elect to submit an Application for one or more of the Contracts that may be awarded. However, a Bidder must submit a complete and separate Application for each Contract for which it wants to be considered for a contract award. Each Application must stand on its own. In addition, only one Application may be filed per Contract. If more than one Application is filed per Contract, only the first one will be considered.

6.1.4 Submission Deadline. A Bidder’s electronic Application must be properly entered into COMMBUYS by the date and time specified in Subsection 2.1.

http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

Under limited exceptional circumstances that are beyond the control of the Bidder, e.g., COMMBUYS was not functioning; or some unforeseen ‘Act of God’, the DMH Director of Contracts has the authority to approve the acceptance of late Applications. It is anticipated that this will be a rare occurrence.

6.2 Application Requirements

___ RFA COVER SHEET AND APPLICATION The RFA Application Cover Page is in the Bid’s COMMBUYS File. The RFA Application Cover Page must be signed by a person who is authorized to sign contracts for the Bidder. The required format and information that must be submitted for the Service Proposal can be found in the Service Proposal Requirements located in the Bid’s COMMBUYS File.

___ Service Proposal. The required format and information that must be submitted for the Service Proposal can be found in the Service Proposal Requirements located in the Bid’s COMMBUYS File.

6.3 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below, so each file can be readily identified by Bidder’s name, content, and the applicable contract number. Each Contract that may be awarded under this RFA is assigned a number. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ].

Application Requirement

Description Enter in

COMMBUYS

during the upload

File Name Assign when creating files The Contract Number refers to the Contract Number listed.

RFA COVER

SHEET AND

APPLICATION

Company Name Application

CompanyName_Application_DMHMUS-25- 35.doc

Attachments Company Name Attachments

CompanyName_Attachments_DMHMUS-25- 35.pdf

6.4 Page Limits and Attachments

Bidders must adhere to page limits specified in the Application Requirements.

Attachments asked for by DMH are not counted in calculating if the page limits have been exceeded. The Executive Summary and the Table of Contents will not be counted in determining if the page limit for the Service Proposal has been exceeded. All pages more than the stated limits will be removed from the relevant part of a Proposal or Application or otherwise from the end of such.

A List of Permitted Service Proposals Attachments (those that were asked for in the Service Proposal Requirements) is included in the Bid’s COMMBUYS File.

Any attachment that is submitted that is not on the List of Permitted Service Proposal Attachments will be removed and not reviewed.

SECTION 7. REVIEW AND SELECTION PROCESS

For each proposed Contract, DMH will select the Bidder whose Application, in the aggregate, provides the best value to DMH and the Commonwealth.

7.1 Compliance with Submission and Qualification

DMH staff designated by the DMH Central Office Contract Contracts, Administration, Audit and Systems Office will first review each Application Application to determine if the Application satisfies the submission, format and contents requirements set forth in Section 6. Also, as part of the minimum submission review process, it will be determined if a Bidder meets the requirements set forth in Section 3.1 and 3.2. Any Application that does not meet the requirements of Sections 6 or 3 may be considered non-responsive and disqualified without further review. The Review Committee or the Awarding Authority may determine that the non-compliance is nonmaterial and can be readily corrected, or that an alternative proposed by the Bidder is acceptable. In such a case, DMH can seek clarification or allow the Bidder to make minor corrections.

If an Application is disqualified pursuant to this Subsection 7.1, the Bidder will be notified of such in writing and of the reasons why. An Application that meets the requirements will be considered an “Eligible Application Application.”

7.2 Review Process

7.2.1 Review Committees. DMH anticipates it will create a separate Review Committee for each potential Contract to be awarded. Each Review Committee will review all Eligible Applications submitted for the Contract assigned to it. DMH may in the alternative elect to assign more than one Contract to a Review Committee; or to opt to have one Review Committee review the Applications for all the Contracts. The Awarding Authorities (see Subsection 7.3) for the applicable Contract(s) to be reviewed by a Review Committee will appoint the members of the Review Committee. A Review Committee membership can consist of DMH personnel, DMH clients, DMH clients’ family members, and/or other non-DMH personnel.

7.2.2 SBPP Participants Applications Reviewed First. If a SBPP Participant submits an Eligible Application for a Contract, the applicable Committee must first review the Eligible Application (s) of the SBPP Participant(s). If one or more SBPP Participants receive a “Acceptable” or better score on both their Cost Proposal and each category of the Service Proposal, the Contract, subject to Subsection 7.5, will be awarded to the SBPP Participant that submitted the Application the Awarding Authority determines provides DMH with the best value and with which DMH can successfully negotiate a Contract. The Review Committee will review the Eligible Applications of the non-SBPP Participants, if any, only if (a) no Eligible Applications were submitted by an SBPP Participant for the Contract; or (b) the Eligible Applications that were submitted by SBBP Participants failed to receive the specified rating of “Acceptable” or higher on their Cost and Service Proposals, or was disqualified pursuant to Subsection 10.5, and/or DMH was not able to negotiate a Contract with one of the SBPP Participants that did achieve the required ratings.

7.2.3 Evaluation Criteria. A Review Committee will evaluate the Eligible Applications in accordance with the process and criteria set forth in the Evaluation Tool located in the Bid’s COMMBUYS.

7.2.4 Additional Information. In addition to the Bidder’s Application, a Review Committee may consider any relevant information about the Bidder known to DMH. Any additional information that is considered will be noted by the Review Committee in the RFA Evaluation Tool.

7.2.5 Preliminary Reviews. A Review Committee may ask other DMH staff to complete preliminary reviews for certain Application categories. Such preliminary reviews shall be done consistently with all applicable Applications. The reviews shall be documented in writing and shall be included in the procurement file.

7.2.6 Oral Presentations. Subject to 7.2.2, a Review Committee and the applicable Awarding Authority may invite those Bidders whose Applications have been judged competitive and responsive to attend an oral presentation. At that time, the Bidders’ Applications may be discussed and clarified, but not changed in any way. DMH may apply restrictions to the structure and content of the oral presentation, and to instruct the Bidders regarding attendees. Oral presentations will not be open to the public nor to any competitors. Failure of a Bidder to agree to a date and time for an oral presentation may result in rejection of the Bidder’s Application.

The Review Committee, at its discretion, may in lieu of, or in addition to, oral presentations request Bidders to submit written clarification of their Applications.

The Review Committee will send written questions for clarification to the Bidders for the Bidders’ written Application. Clarifications are explanations of what has been stated in the Application and may not be used as an opportunity to submit supplemental information or change a Application unless the Review Committee specifically requests these submissions or changes as part of the clarification of all Applications.

7.3 Recommendation for Award

After a Review Committee completes its evaluation and ranking of all SBPP Participants’ Qualified Applications (and oral presentations), or if appliable, after the review of all Eligible Applications, because a) no Eligible Applications were submitted by an SBPP Participant for the Contract; or (b) no Eligible Application submitted by and SBPP Participant was awarded a Contract purusuant to this Section 7, the Review Committee will make a recommendation for Contract award(s) to the applicable Awarding Authority.

7.4 Selection and Contract Negotiations

Upon receipt of a recommendation from the Review Committee, the Awarding Authority will establish a prioritized list of the Bidders’ Applications for Contract negotiations. The Awarding Authority shall prioritize the Applications based on what they determine demonstrates the best overall value to DMH. The Awarding Authority is not bound by the evaluations given to the Applications by the Review Committee; however, the Awarding Authority must review them and give them some consideration. The Awarding Authority will document within the procurement file their prioritized list of Applications and, if the Awarding Authority does not follow the recommendations of the Review Committee, the reasons why will also be documented in the procurement file.

Contract negotiations will then commence with the Bidder(s) rated highest by the Awarding Authority, if any. Negotiations will occur prior to the decision to formally award a Contract. Negotiations shall be limited to those matters specified in 801 CMR 21.07. The identification of a selected Bidder(s) does not create a contractual obligation on DMH or the Commonwealth until negotiations are successfully completed and a Contract is executed. For more information on Contract negotiations, see OSD RFR - Required Specifications, ‘Best Value Selection and Negotiations’. If DMH is unable to satisfactorily negotiate the terms of a Contract with an initially selected Bidder(s) in a reasonable period, DMH may disqualify that Bidder(s) and begin negotiations with the next appropriate Bidder on the Awarding Authority’s prioritized list.

7.5 Rejection of Applications

The Review Committee and/or the Awarding Authority may disqualify any Application that it deems unresponsive pursuant to 801 CMR 21.06 (10). A Application may be rejected as being unresponsive if:

It receives two or more ratings of poor in any evaluation Category as set forth in RFA Evaluation Tool; or DMH determines, in its discretion, that the Bidder has an interest that may conflict with the performance of services under the RFA.

See also Subsection 7.1.

7.6 Contract Award Decision and Award Notification

To award or not award a Contract is the decision of the applicable Awarding Authority. All Bidders who submitted an Application to the RFA will be notified in writing of the Contract award decision for the Contract on which they bid, and notice will be provided on COMMBUYS.

Pursuant to 801 CMR 21.06(13), no Bidder shall hold any press conferences,or make news releases or announcements concerning its selection or non-selection for a Contract prior to DMH’s public release of said information, or prior to the written approval of DMH. Violation of this Section may be considered grounds for disqualification.

SECTION 8. CONTRACT

8.1 Master Agreement Contract

The Master Agreement will consist of the following documents. The documents are listed in order of their precedent.

Commonwealth Terms and Conditions Standard Contract Form This RFA and attachments Other terms and conditions to which both parties agree. These terms and conditions must be in writing.

The Contractor’s Application Statements of Work (SOW) and any specific conditions or deliverables that are negotiated as part of the SOW.

8.2 Master Agreement List

A list of all providers determined Qualified to provide Laundry Equipment and execute a Master Agreement will be maintained on COMMBUYS (Master Agreement List). The list will be maintained by the provider’s name and DMH Area(s) where the provider has indicated it is able to provide the services.

Inclusion on the Master Agreement List does not guarantee that the provider will be awarded a SOW.

8.3 Provider’s Contact Information

It is the Contractor’s responsibility to keep its Contract Manager Information current. If this information changes, the provider must notify the DMH 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 Commonwealth assumes no responsibility if the provider’s designated email address is not current, or if technical problems, including those with the provider’s computer, network, or internet service provider (ISP), cause e-mail communications between the provider and DMH to be lost or rejected by any means including email or spam filtering.

8.4 Review of Qualified Bidders

DMH may terminate a Contract with any Qualified Provider if DMH determines the Qualified Provider is no longer qualified