1. RFR Document- SRB-EMMC-DryIce-FY23~1.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND

ENVIRONMENTAL AFFAIRS -

STATE RECLAMATION & MOSQUITO CONTROL BOARD

251 CAUSEWAY STREET, SUITE 500

BOSTON, MA 02114-2151

Request for Response (RFR)

Document Title: Dry Ice Vendors

Document Number: SRB-EMMC-DryIce-FY23

State Reclamation and Mosquito Control Board (“SRB”), is seeking qualified vendors for the purchase of dry ice for the eleven Mosquito Control Districts in Massachusetts.

Responses must be received online, via COMMBUYS by 2:00PM, Tuesday August 23, 2022

Contact: Robert Monahan Email: Robert.Monahan@mass.gov

Purchasing Department: State Reclamation & Mosquito Control Board (“SRB”) Address: 251 Causeway Street Boston, MA 02114 Telephone #: (617) 626-1731 Fax #: (617) 626-1850 mailto:Robert.Monahan@mass.gov

State Reclamation & Mosquito Control Board Request for Response

Issue Date: August 5, 2022 Purchasing Department State Reclamation & Mosquito Control Board Address 251 Causeway Street, Suite 500 City, State Zip Code Boston, MA 02114-2151 Procurement Contact Person Robert Monahan E-Mail Address Robert.Monahan@mass.gov RFR Name/Title Dry Ice Vendors RFR Number SRB-EMMC-DryIce-FY23

1. Description or Purpose of Procurement:

The State Reclamation and Mosquito Control Board (“SRB”), is seeking qualified vendors for the purchase of dry ice for the eleven Mosquito Control Districts in Massachusetts.

SRB requires access to dry ice for mosquito control samples as part of their public health regulatory duties.

2. Applicable Procurement Law

Check : Type of Purchase Executive Branch Goods & Services- Applicable Laws Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

3. Acquisition Method:

Check All Applicable: Category Fee-For-Service

4. Bid Calendar Type:

Check Type Description ☒ Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date) ☐ Rolling Submissions will be accepted during the entire contract period

5. Whether Single or Multiple Contractors are Required for Contract:

Check Number of Contractors ☐ Single Contractor ☒ Multiple Contractors

6. Entities Eligible to Use the Resulting Contract

Check Limited User Contract- Eligible Entities/Agencies

☒ Restricted to Use by Defined Entities Only:

• SRB- State Reclamation & Mosquito Control Board

• MDAR- Department of Agricultural Services and

7. Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract Duration Number of Options Number of Years/Months Initial Duration @11 Months

Contract Effective Date to 06-30-23 Renewal Options 2 2- Two Year Options

1. 7-1-23 to 6-30-25

2. 7-1-25 to 6-30-37

Total Maximum Contract Duration @ 5 Years

8. Anticipated Expenditures, Funding or Compensation:

Check: Compensation Type

☐ Maximum Obligation Contract ☒ Rate Contract- Contract will NOT have a Maximum Obligation

Estimated Value of Procurement: Small Procurement (Less than $250,000.00 annually) average spend for all vendors @ $5,000.00

The funding for any contract resulting from this procurement is conditioned upon approval and receipt of Departmental funds (bond/grant/federal/other).

9. Contract Performance and Business Specifications:

- Vendors are required to provide Dry Ice as needed by the Districts.

- Vendors should note either pickup locations available in Massachusetts or detail delivery procedures.

- SRB Primarily needs 50lbs of sliced dry ice

- SRB occasionally need ther configurations, (please detail options and pricing in submission).

Fiscal Terms:

Any successful bidder shall be asked to complete and the sign the following forms as part of its agreement.

1. Commonwealth Standard Contract Form and Terms and Conditions.

2. Contractor Authorized Signature Verification Form.

3. W-9 Form- Verification of Taxation Reporting Information.

4. Electronic Funds Transfer Form.

Payment through Electronic Funds Transfer is required by the Commonwealth for any contract awarded through this solicitation. COMMBUYS Bid Solicitation for this form.

In accordance with Commonwealth policies, the Department cannot pay in advance for services.

Payments shall be made after services have been rendered once invoice is received.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill Payment Policy.

Unless otherwise specified at the time of a rental, all invoices should be submitted to the individual that placed the rental order. Vendors shall be responsible for providing accurate backup documentation with each invoice.

In addition, unless a vendor provides a Prompt Payment Discount (PPD) for early payment, payments for services will not be released by the Commonwealth until 45 days after services are rendered (“service to” date) or the date the department receives an invoice, whichever is the latter date.

Tax Exemption: Contractors may not charge state taxes (including sales tax) to any Commonwealth agency. Contractors may request a tax-exempt certificate from the Department.

Commonwealth Terms & Conditions: Vendors may submit a copy of their standard agreement terms and conditions for review and to be incorporated. However, the Commonwealth of Massachusetts Terms & Conditions supersede any vendor’s terms and conditions and all vendors are required to agree to the Commonwealth of Massachusetts Terms & Conditions as a condition of contracting with the Department by only signing the Commonwealth Standard Contract Form.

Prompt Payment Discounts (PPD). All contractors/vendors doing business with the Commonwealth must provide a PPD for receiving early payments unless the Contractor/vendor can provide compelling proof that providing a PPD would be unduly burdensome.

10. Small Business Purchasing Program

Check Size of Procurement Annually SDP Commitment Small Procurement (</= $250,000) SBPP section applies to this Procurement

Large Procurement (> $250,000) SBPP section does not apply to this Procurement

Program Background: The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference: While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility: To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

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

2. Been in business for at least one year;

https://www.commbuys.com/bso/

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements: It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status will result in disqualification from 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.

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.

11. Supplier Diversity Plan

Check Size of Procurement Annually SDP Commitment Small Procurement (</= $250,000) Submission is NOT required for this Procurement

Large Procurement (> $250,000) Submission is MANDATORY for Procurements with estimated annual values exceeding $250,000

Supplier Diversity Plan is NOT required for this Procurement.

12. Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, 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 best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. 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. Bid responses must identify how a contractor meets these goals.

13. Environmental Justice Policy

For the purposes of this RFR, “Environmental Justice” is defined as the equal protection and meaningful involvement of all people and communities with respect to the development, implementation, and enforcement of energy, climate change, and environmental laws, regulations, and policies and the equitable distribution of energy and environmental benefits and burdens. Environmental Justice is based on the principle that all people have a right to be protected from environmental hazards and to live in and enjoy a clean and healthful environment regardless of race, color, national origin, income or English language proficiency.

http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759

“Environmental Justice Population” is defined by the Environmental Justice Policy, issued by the Massachusetts Executive Office of Energy and Environmental Affairs in 2017, as neighborhoods where one or more of the following criteria are met:

• Annual median household income equal to or less than 65 percent of the statewide median

• 25% of its population is minority; or

• 25% or more of the residents have English Isolation.

14. Evaluation Criteria

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

General Evaluation: The Department will consider no responses received after the deadline. The Department will award Contracts to the most responsive bidder(s) that offers the best value. The fulfillment of the qualifications listed in this RFR, the completion of all required forms as listed in the RFR, and a determination by the Department that contracting with the bidder will provide the “best value” to the Commonwealth will determine the basis for evaluation. In making this determination, the Department will consider and score a number of factors including price, experience, geographic location for ease of service, and quality. The Department may disqualify Responses that are incomplete or inaccurate at its own discretion.

Submissions will be reviewed on:

1. SBPP Award Preference

2. Availability of Product

3. Pricing

4. Prompt Pay Discount

5. Overall Best Value to the Commonwealth

15. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

COMMBUYS Submission Instructions:

1. Vendor must submit a Response/Quote detailing:

a. Pricing for Services, and

b. any additional service/shipping/etc. fees.

c. Description of process of how dry ice is ordered, provided, picked up or delivered.

2. Submit completed Commonwealth Prompt Pay Discount Form

a. Noting, if any, percent discount on invoice paid prior to the Commonwealth standard 45

Day payment terms.

All terms, conditions, requirements, and procedures included in this RFR must be met in order for a Response to be determined responsive. If a Respondent fails to meet any material term, condition, requirement or procedure, its Response may be deemed unresponsive and disqualified. The Department reserves the right to request additional information from a Respondent to clarify their response to this RFR, provided that, in the Department's view, any such opportunity to provide further information does not prejudice the interests of the other Respondents.

Note: Prices submitted by the vendor will be set for the full duration of the Initial Contract. Any change in pricing will be submitted and approved in advance by the Department upon each renewal option.

Additional services or pricing may be agreed upon and added at time of renewal, or mid agreement, via a contract amendment.

16. Estimated Procurement Calendar

Procurement Activity Date Original Release of this RFR/RFQ/Bid: August 5, 2022 Application Due Date: (COMMBUYS Bid Opening Date) August 23, 2022, 2:00PM Estimated Contract Start Date: September 2022

*Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. **Estimated Contract Start Date: The actual start date will be the Contract Effective Date which is the date the Department countersigns the Standard Contract form.

b. COMMBUYS Online Questions (Bid Q&A):

Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and 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 the Purchasing Department, including requests for clarification. The Purchasing Department 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 the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above). Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

17. Required Forms

Responses to this RFR must contain the following documents:

Submission Documents The following documents should be uploaded with your COMMBUYS Quote response.

☒ Bidder’s Application Submission Documents: See Section 15 for all details to include.

☒ Commonwealth’s Prompt Pay Discount Form

For Review:

Additional Documents for Review Prior to Submission- DO NOT Complete at this time.

The following documents will be required to be completed once Contract is awarded. Please review all terms.

☒ Commonwealth’s Standard Contract Form & Terms and Conditions ☒ Authorized Signatory Form ☒ W-9 Tax Identification Form ☒ EFT- Electronic Funds Transfer Form

The above attachments are available as attachments as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM), except for the Bidder Response Forms, which are attached to this RFR.

Required RFR Attachments Included:

Appendix A: Required Specifications Appendix B: COMMBUYS Electronic Quote Submission Instructions Appendix C: Commonwealth’s Prompt Pay Discount Form http://www.commbuys.com/

RFR Attachments

Appendix A: Required Specifications

RFR - Required Specifications for Commodities and Services Revision Date: October 5, 2021

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S.

currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

• Any amendments, addenda, or modifications to this Bid, and

• Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth.

To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759

3. Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. Quote Content. Bid specifications for delivery, shipping, billing, and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Orders 523 and 565, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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:

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

6. Been in business for at least one year;

7. 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

8. 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.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-565.html https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

7. Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein.

This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility. The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office https://www.mass.gov/supplier-diversity-office

Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, their subsidiaries, or affiliates as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition.

If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified http://www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment

SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance. After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance. Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products). Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural, or horticultural commodities; the growing and harvesting of forest products; the raising of livestock, including horses; raising of domesticated animals, bees, and/or fur-bearing animals; and any forestry or lumbering operations.

9. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

10. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through

COMMBUYS.

11. Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

12. Costs. Costs which are not specifically identified in the bidder’s response and accepted by a department as part of a contract will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ http://www.mass.gov/sdp mailto:sdp@mass.gov

13. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 the SSST, including requests for clarification. The SSST 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 the SSST to be lost or rejected by any means including email or spam filtering.

14. Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms).

Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

15. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies.

Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

16. HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in https://massfinance.state.ma.us/VendorWeb/vendor.asp https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html http://www.mass.gov/eohhs/gov/departments/dph/programs/community-health/mass-in-motion/about-mim/components/tools-and-resources-for-executive-order-509.html the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

17. Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

18. Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder provides compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer (EFT) initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically may be tracked and verified through the Comptroller’s Vendor Web system. The PPD form may be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SSST. The SSST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

19. Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

20. Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SSST reserves the right to reject unreasonable requests.

21. Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

22. Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

23. Acceptable Forms of Signature Department will instruct contractor on what form of Signature will be required for this procurement.

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

Appendix B: Instructions for Vendors Responding to Bids via COMMBUYS

For Submissions via COMMBUYS:

COMMBUYS is the official procurement record system for the Commonwealth of Massachusetts' Executive Departments. COMMBUYS offers free internet-based access to all public procurement information posted here in order to promote transparency. It allows for online submissions for procurements and grant applications.

File Size Limits The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Please try to consolidate into one or as few files as possible.

Bidders may submit Quotes using online using tools available only to Sellers registered in COMMBUYS.

COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page.

COMMBUYS Quote Submission Training and Instructions The following resources are provided to assist Bidders in submitting Quotes:

1. An instructional job aid of Basic COMMBUYS Navigation and Searching

2. An instructional job aid on How To Register as a Vendor

3. An instructional job aid on How to Locate the BID then Create and Submit Your Response

4. An instructional job aid on How to Edit, Withdraw or Resubmit Your Response

5. Appendix B of this RFR Document, for basic steps and Instructions for Vendors Responding to

Bids Electronically through COMMBUYS;

COMMBUYS Support Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Introduction

COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage.