1_RFR 2015 NSTI_V2.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

REQUEST FOR RESPONSES

RFR NUMBER:

Procurement Team Leader/RFR Contact Person: Angela Hemingway

1. DESCRIPTION OR PURPOSE OF PROCUREMENT

The Massachusetts Department of Transportation (“MassDOT”) in partnership with the Federal Highway Administration (FHWA) is seeking accredited colleges/universities to submit proposals to host the 2015 National Summer Transportation Institute (“NSTI”) in Massachusetts. The NSTI is a pre-engineering program designed to introduce high school students (rising 9-12 graders) to all modes of transportation-related careers and to encourage transportation-related courses at a college/university. The program can be either residential or non-residential, with a minimum of 15 participants, and ranges from two to four weeks. The requested Federal Highway Administration (“FHWA”) budget should not exceed $50,000 for a residential program and should not to exceed $35,000 for a non-residential program. Colleges/universities are encouraged to seek partnerships with other entities for additional budget and/or in-kind contributions.

The selected college/university (“host site”) is responsible for:

· Selecting a Project Director and supporting staff;

· Developing the program and a proposal for funding consideration;

· Executing and implementing all aspects of the program;

· Preparing a final report (annual report);

· Budgeting and expenditure (in compliance with OMB Circular A-21).

2. ACQUISITION METHOD TO BE USED FOR CONTRACT(S):

|X| Fee for Service |_| Outright Purchase |_|Term Lease |_| Rental

3. SINGLE OR MULTIPLE CONTRACTORS FOR CONTRACT PERFORMANCE:

|_| Single Contractor |X| Multiple Contractors

4. SINGLE OR MULTIPLE DEPARTMENTS MAY CONTRACT UNDER THIS RFR:

|X| Single Department User: This quotation is only valid for MassDOT, specific to this project

|_| Multiple Department User: other departments may purchase services or commodities under the same terms of this RFR. Under this option, bidders will be required to specify their ability to extend services to other departments and the rates to be used. Other departments may execute separate contracts with awarded bidders. When using this option the RFR Contact Person listed above is responsible for all correspondence with other departments and vendors that choose to use the RFR.

5. TOTAL ANTICIPATED DURATION OF CONTRACT(S):

6. TOTAL ANTICIPATED EXPENDITURES FOR TOTAL ANTICIPATED DURATION OF CONTRACT(S):

Amounts indicated are only estimates. Contract amounts during the period of any contract are subject to a selected bidder's response, and may increase or decrease based upon contract negotiation, performance selected, appropriation or availability of funds.

Estimated not-to-exceed value of procurement, including anticipated renewal options:

$50,000.00 for residential program; and $35,000.00 for a non-residential program.

Will Federal Funds be used to fund all or any part of the Contract(s)? Yes.

7. INSTRUCTIONS FOR SUBMISSION OF RESPONSES:

Each bidder shall submit one original and six copies of its proposal no later than 3:00 PM EST on Friday, February 6, 2015 to:

Angela Hemingway Deputy Director of Small Business Resource Center MassDOT 10 Park Plaza, Suite 800 Boston, MA 02116

An electronic .pdf copy of the proposal shall be included with the package on a computer readable disc.

All Proposals shall be labeled with the title of the RFR, bidder’s name, address, and telephone number, the contact person’s name, telephone number, fax number and email address.

The Proposal(s) shall include the five following headings:

I. Understanding - A detailed presentation of how the bidder understands the purpose and scope of the project, as described in the Scope of Services.

II. Approach - A detailed presentation on the how the bidder would approach this project, including how it will staff the project and information related to any other consultants to be used and how that collaboration will occur and be managed.

III. Performance - A detailed presentation on how the bidder would perform the necessary tasks in a manner that meets completion timeframes, and a description of the deliverables to be provided by the bidder. This section should include a detailed draft work plan that will identify the major tasks to be accomplished and be used as a scheduling and management tool, as well as the basis for invoicing.

The work plan must present the bidder’s performance, task breakdown, deliverable due dates and personnel working on the project and the hours assigned to each individual to reach the project results. This section should also include detail regarding ability to complete the work in the proposed time line, and should identify the bidder’s expectation of the level of participation from MassDOT as well as any other services to be provided by MassDOT.

IV. Cost - A detailed presentation of the overall budget distribution for each task within the approved budget line items, including proposed compensation rates (direct labor plus overhead and fee) for key personnel that would be assigned to the project, as well as the names and titles of those key personnel. Please note that the compensation rates are subject to approval.

For purposes of completing the cost proposal, MassDOT will only pay for services performed or work delivered after it is accomplished. Terms of the proposal as stated must be valid for the length of the project. If proposing an hourly rate, unit rate or lump sum, include a breakdown (labor, overhead, profit and expenses) showing how the rates were derived.

The bidder must include a total project cost along with the following: (1) a breakout of the hours by task for each employee; (2) identification of anticipated direct expenses; and (3) a justification for any cost information related to additional services or tasks. Include this information in the cost proposal but identify it as additional costs and do not make it part of the total project cost.

Costs that are not specifically identified in a Proposal and accepted by MassDOT as part of the Contract, will not be compensated under the Contract. MassDOT will not be responsible for any costs or expenses incurred by bidders in responding to the RFR. MassDOT will not reimburse travel-related expenses such as airfare, meals, lodging or car rental. MassDOT will not make any advance payments regardless of how they are classified (e.g., down payment, startup costs, deposit, etc.).

V. Qualifications - Each bidder shall provide a detailed presentation of the relevant qualifications and resumes of all key personnel assigned to the project, particularly those of the proposed Project Manager.

This section should list recent previous experience in performing staffing and organizational design reviews of similar size and scope to that identified herein, including the following information: the client’s name, the scope of services, the beginning and end dates of each review, and state whether a report was issued; state whether the reviews were subject to any legal challenges and if so the outcome(s) of the challenge(s).

The bidder must identify any services that will be completed by a sub-consultant. Provide the name of such company, a description of their role and copies of resumes and references for any personnel that will work on this Review.

All key personnel and sub-consultants, if any, are subject to background checks and must meet MassDOT’s and the Commonwealth’s confidentiality and security guidelines.

No change in personnel assigned to the project will be permitted without the written approval of MassDOT’s Contract Officer.

VI. References – Each bidder must provide references from at least two entities for which the bidder has successfully completed a scope of services of similar scale to, or larger than, the scope of work contemplated by this RFR. Experience with any Commonwealth of Massachusetts agency must be included as a reference, in addition to the above references. References must include the following information:

· Client organization’s name and address;

· Name and title, address, telephone number, fax number and e-mail address for a contact person;

· Brief description of the contract requirements (including a description of the services offered, as appropriate);

· Cost of the effort at contract signing and the final cost of the effort, with a brief explanation of any difference; and

· Start and end dates for the effort, commencing with the signed contract and the actual start and end dates, with a brief explanation of any difference.

The PMT will contact the references to determine the quality of work performed and personnel assigned to the Study. The results will be used by the PMT as part of its evaluation criteria.

8. DEADLINE FOR RESPONSES:

Due date: Friday, February 6, 2015 Time: 3:00 PM EST

Will a bidders Conference be offered? |X|NO |_|YES

Will opportunity for written questions be offered: |_| NO |X| YES

All questions must be submitted to the RFR Contact Person indicated above no later than 3:00PM on Wednesday, January 28, 2015. Questions and answers will be posted on Comm-BUYS no later than Monday, February 2, 2015.

9. GENERAL EVALUATION CRITERIA AND AWARD

The contract will be awarded upon a satisfactory review of references to the bidder who meets all the criteria outlined herein and provides the best value to MassDOT and the Commonwealth. Cost will be among several factors in this consideration; however, MassDOT is not required to choose the bidder that proposes the lowest cost.

The PMT will notify this bidder in writing and post its name on Comm-BUYS. No bidder may make any public announcement concerning its selection for the Contract prior to MassDOT’s release of that information on Comm-BUYS.

Notice to an apparent successful bidder that it may be awarded the Contract does not constitute acceptance of all the terms of a Quote by MassDOT and does not impose any contractual obligation on MassDOT. Contract award is contingent upon the successful conclusion of negotiations and Contract execution with the apparent successful bidder.

10. RFR ATTACHMENTS:

· Attachment A – Scope of Services

· NSTI Statement of Work Application

· Application Tables A – E

· NSTI Desk Reference

· Commonwealth Terms and Conditions

· W9 Form

· Authorized Signatory Form

· Business Reference Form

11. ADDITIONAL REQUIREMENTS

MassDOT reserves the right to request written clarifications from any and all bidders regarding their Proposals, at any time following submission. Bidders shall provide such information in the manner and within the time frame specified at the time of the request.

Each Proposal shall include a statement indicating whether or not the bidder or any of the proposed subconsultants or employees has a possible conflict of interest in connection with this procurement and, if so, the nature of that conflict. Any questions about conflicts of interest should be addressed to the State Ethics Commission at (617) 371-9500 or (888) 485-4766. The State Ethics Commission’s website may be accessed at www.mass.gov/ethics.

Documents required by this RFR are noted by an “X” in the boxes below:

|X| Commonwealth Terms and Conditions: Required for selected bidder

|X| Standard Contract Form: Required for selected bidder

|X| Authorized Signatory List Required for ALL bidders responding to procurement

|X| Electronic Fund Transmittal Form (EFT) Required for selected bidder (www.massfinance.state.ma.us.)

|X| Federal Clauses and Certification: Required for ALL bidders responding to procurement

|_| 504 Certification: Not required

|_| Prevailing Wages: Not required

|X| Other: Certificate of Insurance

The apparent successful bidder may also be required to execute a Professional Services Agreement with MassDOT.

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions.

Additionally, 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 may also be identified in this RFR. 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.

Disadvantaged Business Enterprises (DBE)

The following language describes the Supplier Diversity Program (SDP) requirements for this Proposal and replaces any and all other SDP requirements contained in the Required Specifications portion of this solicitation and the Operational Services Division RFR required specifications revision of March 2010.

This RFR is subject to 49 CFR Part 26. Therefore, the Contractor is obligated to meet the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. MassDOT shall make all determinations with regard to whether or not a bidder is in compliance with the requirements stated herein. In assessing compliance, MassDOT may consider during its review of the bidder’s submission package, the bidder’s documented history of non-compliance with DBE requirements on previous contracts with MassDOT.

Contract Assurance The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as MassDOT deems appropriate.

DBE Participation For the purpose of this Contract, MassDOT will accept only DBEs that are:

Certified, at the time of bid opening, by the Massachusetts Supplier Diversity Office as DBE’s

DBE Participation Goal The DBE participation goal for this Contract is set at ten and one-tenth percent (0%) of the total adjusted contract ceiling price. This goal represents those elements of work under this Contract performed by qualified Disadvantaged Business Enterprises for amounts totaling 0% of the total cost to the bidder. Failure to meet the stated goal at the time of proposal submission may render the bidder non-responsive in absence of acceptable Good Faith Efforts as outlined below.

Proposed Submission Each bidder, as part of its submission, shall supply the following information:

A list of those qualified DBE’s with whom the bidder intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Schedule of Participation (DBE - Schedule of Participation.doc attachment). No work shall be included in the Schedule that the bidder has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE.

An original DBE Letter of Intent (DBE - Letter of Intent.doc attachment) from each DBE listed in the DBE Schedule of Participation. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by MassDOT.

Good Faith Efforts If the bidder is unable to meet the goal set forth in Section 5.4.3 (DBE Participation Goal), MassDOT will consider the bidder’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that MassDOT will consider as part of the bidder’s good faith efforts include, but are not limited to, the following:

Documented communication with MassDOT’s DBE Coordinator (questions of RFR requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);

The bidder’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;

Written notification to DBE’s encouraging participation in the proposed Contract; and

Efforts made to identify specific portions of the work that might be performed by DBE’s.

The bidder shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBE’s for elements of the Contract:

The names, addresses, and telephone numbers of DBE’s that were contacted;

A description of the information provided to targeted DBE’s regarding the specifications and bid proposals for portions of the work; and

Efforts made to assist DBE’s contacted in obtaining bonding or insurance required by the bidder of MassDOT.

In determining whether a bidder has made good faith efforts, MassDOT may take into account the performance of other bidders in meeting the Contract goals. For example, if the apparent successful bidder failed to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, MassDOT may view this as evidence of the bidder having made good faith efforts.

Administrative Reconsideration Within five (5) business days of being informed by MassDOT that it is not responsive or responsible because it has not documented sufficient good faith efforts, the bidder may request administrative reconsideration. The bidder should make this request in writing to the Procurement Team Leader. The Procurement Team Leader will forward the bidder’s request to a reconsideration official who will not have played any role in the original determination that the bidder did not document sufficient good faith efforts.

As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. MassDOT will send the bidder a written decision on its reconsideration, explaining the basis for finding that the bidder did or did not meet the goal of make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable.

Termination of DBE Subcontractor The Contractor shall not terminate for convenience the DBE subcontractor(s) listed in the DBE Participation Schedule and then perform the work of the terminated DBE subcontractor with its own forces or an affiliate without MassDOT’s prior written consent. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify MassDOT in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with Section 5.7.i (Sanctions for Violations).

The Prime Contractor must give the DBE five (5) business days to respond to the Prime Contractor's notice. The DBE must advise MassDOT and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why MassDOT should not approve the Prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), MassDOT may provide a response period shorter than five (5) business days.

Continued Compliance MassDOT shall monitor the Contractor’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to MassDOT that summarize the total DBE value for this Contract. These reports shall provide the following details:

DBE utilization established for the Contract;

Total value of expenditures with DBE firms for the quarter; and

Total value of expenditures with DBE firms from inception of the Contract.

Reports and other correspondence must be submitted to the Project Manager. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is complete.

The successful bidder shall permit:

MassDOT to have access to necessary records to examine information as MassDOT deems appropriate for the purpose of investigation and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contracts between the successful bidder and other DBE parties entered into during the life of the Contract.

The authorized representative(s) of MassDOT, the U.S. Department of Transportation, and the Comptroller General of the United States, to inspect, audit, and record all data of the Contractor relating to its performance under the Disadvantaged Business Enterprise participation provisions of this Contract.

Sanctions for Violations If at any time MassDOT has reason to believe that the Contractor is in violation of its obligation under Section 5.7 (Disadvantaged Business Enterprise) or has otherwise failed to comply with the terms of this Section, MassDOT may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:

Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor’s compliance are resolved;

Termination or cancellation of the Contract, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein.

Best Value Selection and Negotiation. The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT 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.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT 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 Comm-BUYS.

Comm-BUYS. If this RFR has been distributed electronically using the Comm-BUYS system, RFR attachments that are referenced are incorporated by reference into the RFR and are available as separate files within the Forms tab and Specifications tab of the Comm-BUYS Solicitation record. OSD Forms are also available at www.mass.gov/osd under the Related Links section. While Comm-BUYS offers optional, value-added, automated Comm-BUYS Subscription Service on an annual-fee basis, all bidders are solely responsible for obtaining and completing the required attachments that are identified in this RFR and for checking Comm-BUYS for any addenda or modifications that are subsequently made to this RFR or attachments. The Commonwealth and its subdivisions accept no liability for and will provide no accommodation to bidders who fail to check for amended RFRs/Requests for Quotes (RFQs) or any other procurement opportunities and subsequently submit inadequate or incorrect responses. Bidders are advised to check the Last Changed Date field on the Summary page or the Amendment History within the Other Information tab of RFRs for which they intend to submit a response in order to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

Comm-BUYS Subscription Service. The Comm-BUYS Subscription Service is sponsored by the Operational Services Division. This service offers a prospective bidder a secure, web-based desktop that contains tools to track and manage postings including solicitation announcements, Request for Responses (RFRs), and Contracts that match the subscriber-designated set of categories and sub-categories on the Commonwealth’s Procurement Access and Solicitation System (Comm-BUYS).

Comm-BUYS Basic Service will provide a subscriber with:

· Secure web-based desktop within Enhanced Comm-BUYS for document management.

· A customizable profile reflecting the bidder’s product/service areas of interest.

· Refined commodity and service categories and sub-categories.

· Full-cycle, automated email alert whenever a solicitation of interest is posted or updated.

· Access to Online Bidder Forums to allow for virtual attendance and participation.

· Tools to submit bids electronically to an encrypted lock-box.

Every public purchasing entity within the borders of Massachusetts may post their solicitations on Comm-BUYS at no charge. Comm-BUYS has the potential to become the sole site for reviewing and responding electronically to public solicitations in Massachusetts. Fees for the Comm-BUYS Subscription Service are based on costs to operate, maintain and develop the Comm-BUYS system.

Comm-BUYS SmartBid Subscription. Bidders may elect to obtain an optional SmartBid subscription which provides value-added features, including automated email notification associated with postings and modifications to Comm-BUYS records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within Comm-BUYS for efficient record management;

· A customizable profile reflecting the subscriber’s product/service areas of interest;

· A customizable listing in the publicly accessible Business Directory, an online “yellow-pages” advertisement;

· Full-cycle, automated email alert whenever any record of interest is posted or updated; and

· Access to Online Response Submission, when allowed by the Issuer, to support: (1) paperless bid drafting and submission to an encrypted lock-box prior to close date; (2) electronic signature of OSD forms and terms; (3) agreement to defer wet-ink signature until Contract award, if any; (4) withdrawal of submitted bids prior to close date; and (5) online storage of submitted bids.

Every public purchasing entity within the borders of Massachusetts may post records on Comm-BUYS at no charge. Comm-BUYS has the potential to become the sole site for all public entities in Massachusetts. SmartBid fees are only based on and expended for costs to operate, maintain and develop the Comm-BUYS system.

Contract Expansion. If additional funds become available during the contract duration period, MassDOT 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.

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. MassDOT will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

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

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 can 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 are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). 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 is already 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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

· All copies should be printed double sided on 11 x 8 ½ paper, written in 11 point font, and consist of no more than 45 pages;

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response;

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable;

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials;

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials; and

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

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 MassDOT 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 MassDOT 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, MassDOT reserves the right to add any requirement during the course of the contract that it determines it must include in 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.

Minimum Bid Duration. Pursuant to MGL c. 106, §§ 2-205, bidders responses/bids made in response to this RFR must remain in effect for 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. MassDOT and any of its partner agencies reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation. The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for MassDOT. If MassDOT believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

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, §10, and c. 4, §7, Cl. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities 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 may be required to confirm his or her request in writing to the contact person. The request must state that it is based on a disability and specifically identify the accommodation desired. Although MassDOT will make all reasonable efforts to accommodate the requests of bidders with disabilities, it reserves the right to reject unreasonable requests.

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.

Subcontracting Policies. Prior approval of MassDOT is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth and/or MassDOT incurs to repair, return, replace or seek cover (purchase of comparable substitute commodities and services) under a contract. “Other damages” shall not include damages to the Commonwealth as a result of third party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the contractor as a third party defendant. Further, the term “other damages” shall not include, and in no event shall the contractor be liable for, damages for the Commonwealth’s use of contractor provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the contract scope of work) that is the subject of the claim. Section 11 sets forth the contractor’s entire liability under a contract. Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions.

Alternatives. A proposal which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The proposal should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

MassDOT will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Bidders may also propose alternatives for equivalent, better or more cost effective performance than specified under the bidder’s original proposal to enable MassDOT to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Environmentally Preferable Products and Services. MassDOT and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy MassDOT’s performance needs.

Estimated Provisions. MassDOT makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract. All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

Prompt Payment Discounts (PPD). All bidders responding to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. 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 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 can be tracked and verified through the Comptroller’s VendorWeb system. The PPD form can be found on the OSD Forms page and in this solicitation under the Forms and Terms tab.

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

Use of a Procurement by a Single or Multiple Departments: Multiple Department Procurement/Limited User Contracts [Comm-BUYS - Restricted to Use by Defined Entities Only]. Departments reserve the right to include an option for other named departments to purchase services or commodities under the same terms of the contract. Should departments exercise this option, bidders will be required to specify their ability to extend services to other departments and the rates to be used. MassDOT will execute contracts on behalf of all of the participating departments with the selected bidder(s).

Use of a Procurement by a Single or Multiple Departments: Single Department Procurement/Multiple Department User Contracts [Comm-BUYS - Open for Use Under Separate Contract Execution]. Departments reserve the right to include an option for other departments to purchase services or commodities under the same terms of the contract. Should departments exercise this option, bidders will be required to specify their ability to extend services to other departments and the rates to be used. Other departments may execute separate contracts with awarded bidders.

The MassDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), other Nondiscrimination requirements (The Federal-Aid Highway Act of 1973, The Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and Americans with Disabilities Act of 1990), and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement will be awarded without discrimination on the ground of race, color, national origin, sex, age, or disability.

The Bidder hereby agrees that as a condition to receiving Federal financial assistance from the United States Department Of Transportation, Federal Highway Administration, it is subject to and shall comply with Title VI of the Civil Rights Act of 1964 and additional Nondiscrimination requirements as detailed in the FHWA Assurances for Title VI and Other Nondiscrimination Statutes and Regulations document.

The Consultant or Subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as MassDOT deems appropriate.

The MassDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.

Upon notification to the MassDOT of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).