13-DOC-ProgramItems.doc

REQUEST FOR RESPONSE

Program Goods and Services RFR# 13-DOC-ProgramItems

Purchasing Department:

Department of Correction

Address:

50 Maple Street – Suite 3, Milford, MA 01757

Telephone Number:

508-422-3307

Fax Number:

508-422-3383

E-Mail:

Mrdoherty@doc.state.ma.us

RFR File Name/Title:

Program Goods and Services

RFR File Number:

13-DOC-ProgramItems

Procurement Contact Person:

Maureen R. Doherty

Procurement Category:

Office, Recreation, Education-Related Equipment, Services & Supplies / Supplies-

All other not shown or Combinations

1. Description or Purpose of Procurement:

The purpose of this procurement is to develop and maintain a list of qualifying vendors engaged in the business to provide program items, furnishings, supplies and services that may be needed to fulfill Institutional Programs in a correctional facility, for goods and services not covered under existing Statewide Contracts. An example of programs are Church/Religious/Spiritual, Library, Periodicals requiring such items as Missals, magazine/newspaper subscriptions, DVD’s, videos along with general library supplies and furnishings to meet program obligations. The procurement would establish a list of contract vendors from which facilities and divisions/departments, located throughout the Department or Commonwealth, can select. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

Massachusetts Certified Small Businesses are encouraged to respond. Information on the Small Business Procurement Program can be found on the forms and terms tab of the Comm-Pass solicitation.

2. Acquisition Method:

Outright Purchases

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

Multiple Contractors

The intent of this contract is to establish and maintain a list of pre-qualified contractors from which facilities and divisions/departments, located throughout the Department/Commonwealth, can select.

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR never closes, allowing bidders to respond at any point during the life of the solicitation. However, all contracts will expire simultaneously.

4. Whether Single or Multiple Departments will be able to Use:

Single Department Procurement/Multiple Department User Contract

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

Initial Duration:

Up to 5 years Renewal Options:

5 options to renew, up to 2 years/months

Anticipated Start Date:

July 1, 2012

6. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement:

To Be Negotiated

Contract will NOT have a Maximum Obligation Amount – Rate Contract Federal funds may be used to fund part of this contract.

The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

7. Indicate Contract Performance and Business Specifications:

The purpose of this procurement is to develop and maintain a list of qualifying vendors engaged in the business to provide program items, furnishings, supplies and services that may be needed to fulfill Institutional Programs in a correctional facility, for goods and services not covered under existing Statewide Contracts. An example of programs are Church/Religious/Spiritual, Library, Periodicals requiring such items as Missals, magazine/newspaper subscriptions, DVD’s, videos along with general library supplies and furnishings to meet program obligations. A general listing of supplies requested, but not limited to, would be:

Subscriptions, Software renewals, Books, Publications, Newspapers (English and Bi-Lingual), videos (purchase and rentals of DVD/VHS/CD and film supplies), Spiritual, Religious, Church, Educational, Development and Employment Aids, General Library Supplies and Cataloging , Musical Instruments and Supplies, Sporting/Gaming Goods, Recreational Parts, Parts and Repair Services, Art & Craft Supplies, Entertainment Related Items/Supplies, Nursery (Garden/Landscaping) and General Merchandise that may be requested for institutional program use.

The procurement would establish a list of contract vendors from which facilities and divisions/departments, located throughout the Department or Commonwealth, can select. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

Insurance, License, Permit and Approval: The contractor shall inform themselves as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in this contract. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract (throughout its duration) and this will be done at the contractor’s expense. The contractor shall, at all times during the entire contract duration, maintain all *necessary insurance coverage, including, but not limited to, worker’s compensation, at contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damage resulting from the contractor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

*Bodily Injury

*Property Damage

No Rights in Third Parties: Except as otherwise expressly provided herein, this contract and all rights hereunder are intended for the sole benefit of the Vendor and the Department. This contract shall not imply or create any rights on the part of, or obligations to any other person.

DOC Rules and Regulations: It must be fully understood by the bidders/contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every driver, technician or any contractor employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Therefore, it is highly recommended that specific drivers be assigned to the correctional route. Convicted felons are not allowed on state property. Background checks will be completed for individuals performing any work under this contract. Upon request by the DOC, the contractor will provide the DOC with specific information to be used to complete background checks. All work is to be completed in a professional manner. Jeans of any color are not allowed inside the correctional facilities. Vendors will not be let into the facilities if clothed with jeans. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Normal Service Work Hours: associated with this contract are as follows: (unless otherwise accepted and negotiated with successful bidder/contractor)

Normal Delivery Hours: Contractors may be restricted to certain hours of delivery. For example the Bridgewater Storehouse only accepts deliveries from 9:00AM to 3:00PM. Contractors are required, at time of order request, to obtain information on hours of acceptable delivery. The department will not be charged, nor is responsible for any costs associated with deliveries that are not accepted.

DOC Delivery Regions/Locations:

REGION 1 – Bridgewater Complex

Bay State Correctional Center, Norfolk

Bridgewater State Hospital, Bridgewater

Massachusetts Treatment Center, Bridgewater

Old Colony Correctional Center, Bridgewater

REGION 2

MCI Cedar Junction, Walpole

MCI Norfolk, Norfolk

Pondville Correctional Center, Norfolk

Mass Correctional Industries, Norfolk

REGION 3

MCI Concord, Concord

MCI Framingham, Framingham

Northeastern Correctional Center, West Concord

South Middlesex Correctional Center, Framingham

REGION 4

Boston Pre Release, Boston

REGION 5

MCI Shirley, Shirley

North Central Correctional Institution, Gardner

Souza-Baranowski Correctional Center, Shirley

REGION 6

MCI Plymouth, Plymouth

Emergency Situations: Because this contract will service Department of Correction correctional institutions, contractors need to understand that emergency situations may occur which could prevent approved scheduled services to be performed or deliveries to be made. In these situations, the contractor may not be let into the institution(s) or on the property, which would prevent the contractor’s performance. The contractor will make every effort to return in a timely manner to perform such services or make delivery. The department will not be charged for any expense which pertains to these and similar situations.

Fiscal Terms

Contractor Address Changes: It is the responsibility of the contractor to notify the PTL of any change of address, including remit to address. The contractor shall immediately notify the PTL by submitting a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to”. If written notification is not received, changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

Purchase Order Numbers: The contractor will be responsible to obtain a purchase order number from the procuring department for all service requests and for orders. Said purchase order number should appear on all documentation, particularly on the invoice. NO SERVICE OR DELIVERY (unless a department employee has expressed an emergency) shall be performed unless an approved Purchase Order Number is assigned.

Minimum Quantity Orders: No minimum quantity per order is allowed.

Mark up % or Cost plus %: If this contract requires bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliance (not charging the department the contract rate), it may also result in immediate termination of contract.

“Special Purchases” or “Bulk Orders”: The department reserves the right and is entitled to take advantage of “close-out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a contractor would offer to other comparable clients and that would be of “best value” to the department. In this case, the department reserves the right to negotiate said purchase with the contractor(s). In addition, the contractor may offer discounts for bulk (large) orders.

Delivery Requirements: Awarded contractors must deliver all goods within fifteen (15) Commonwealth business days after receipt of an order, unless otherwise agreed upon by the procuring department. The department reserves the right to reject items delivered late. Failure to deliver on time and quantities as ordered may be grounds for termination of the contract.

All trucks must be unloaded at each designated delivery site according to prearranged specifications. Product delivery is to be made via the awarded contractor’s vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to the Commonwealth. If express delivery is requested by the department, only the additional expense of the express delivery (over normal delivery charge) may be charged to the department. Prior approval by the purchasing department is required and documentation of the charge must be provided with the invoice. Liability for product and delivery remains with the contractor until properly delivered and signed for by the purchasing department. Only dedicated loads (no sleepers) are permitted within the Institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty.

Shipping Terms: The contractors will deliver all routine orders, shipments FOB destination freight (prepaid) only. The contractors will maintain title and assume all risk of loss to the items furnished until receipt and acceptance of the shipment by the Department. All shipping costs will be included in the prices bid. There will be no additional charges associated for truck fees or fuel fees added to this RFR for the Department. Payment for freight WILL NOT BE PROCESSED under this contract.

Delivery/Pick-Up: The Department's expectation is that orders can be received on a reasonable basis; the vendor should provide prompt and efficient service.

Warranty: Unless otherwise specified or negotiated and accepted by both the successful bidder and the department, this contract will assume the following warranty. All work, materials and labor performed under this contract shall be guaranteed to the owner by the contractor for a period of two (2) years (or the manufacturer’s warranty, whichever is greater) from the date of final acceptance. Final acceptance date is 30 days after delivery and performance and the department is completely satisfied of the operation and performance. In addition, the contractor shall pay for freight charges for all items that are returned under warranty.

Return Policy: The bidder must include their written return policy with their written response. Replacements will be delivered as in accordance with the department’s request. If no return policy is specified and therefore accepted as part of this contract, this contract will assume that the department can return items to the contractor for up to one year for full refund. In addition, there will be no charge for returns, e.g., freight, re-stocking, etc.

Payment: Invoices will be sent to the proper fiscal office by the contractor no later than 30 days after completion of service or receipt of goods. Contractor invoices at a minimum should include the following:

· Name and address of contractor

· Telephone and fax number

· Date of invoice and date of delivery or service

· Name of department contact

· Prompt payment discount terms

· Valid Department of Correction purchase order number

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed delivery receipt, which includes the department employee signature, may be attached to the invoice. All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy and M.G.L.C. 7A & 5. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliant (not charging the department the contract rate); it may also result in immediate termination of contract.

Customer Service: The vendor should have a customer service number which is staffed during normal business hours. Any issues regarding the quality of service will be addressed immediately.

Tax Exempt Number: The department is tax exempt. Any contractor who requests a copy of the ST-2 may contact the appropriate fiscal office. Invoices will not include tax.

Account Numbers: Although this contract may include any number of facilities within the Massachusetts Department of Correction, unless otherwise notified, each facility must have its own unique account number.

Shipping, Freight, Delivery, Handling or Fuel Charges, etc: Delivery will be F.O.B. (prepaid) destination with no shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by users of this contract. Bidders/Contractors must respond accordingly. Payment for freight will not be processed under this contract.

Partial Shipments: Although it is highly desirable that orders be shipped in their entirety, partial shipments will be allowed unless otherwise notified by requesting department.

Material Safety Data Sheets (MSDS): When applicable, MSDS information must be included in bidder’s response. Also, MSDS will accompany applicable deliveries.

7.1 Supplier Diversity Plan (SDP) Plan

The Procurement Management Team (PMT) requires bidders to make a significant commitment to partner with certified Minority-Owned and Women-Owned Businesses (M/WBEs) in order to be awarded a contract. A bidder that is certified by the Supplier Diversity Office formerly known as the State Office of Minority and Women Business Assistance (SOMWBA)may not list itself as being an Supplier Diversity Plan Partner to its own company. In addition, a narrative statement can be included to supplement the SDP Plan Form providing further details of the SDP commitments. The submission of this narrative statement does not replace the requirement of the SDP Plan Form. Bidders must submit one form for each M/WBE SDP relationship. Please note that for large procurements over $150,000, no bidder will be awarded a contract unless it agrees to commit to at least one (1) of the following (3) SDP components:

1. Subcontracting: If a bidder commits to Subcontracting in its SDP plan, then it must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a Supplier Diversity Office certified company. Although this is only one of several options to meet the requirements for participation in the Supplier Diversity Plan, the bidder’s submission of subcontracting commitments may be weighted most heavily by the PMT. Please note that all subcontracting partnerships require inclusion of the contract between the bidder and the M/WBE subcontractor in the bidder’s bid package.

2. Growth and Development: If a bidder commits to Growth and Development in its SDP plan, then it must submit a plan for education, training, mentoring, resource sharing, joint activities, and assistance that would increase industry capacity and the pool of qualified Supplier Diversity Office certified companies.

3. Ancillary Use of Certified M/WBE Firms: If a bidder commits to Ancillary Use of Certified M/WBE Firms in its SDP plan, then it must include the dollar or percentage expenditure commitments for use of these firm(s) with the use of written commitments between the bidder and the M/WBE Firms(s). A description of the ancillary uses of the Certified M/WBEs, must be included on the SDP Plan Form.

Contractors may be required to submit progress reports to confirm their SDP expenditures for the purpose of compliance and for tracking their submitted commitments. Only actual dollars expended by contractors will be counted towards the commitment. Said reports will be received within 10 business days upon request. Supplier Diversity Office M/WBE certificates must be provided with each report for the Supplier Diversity Office -certified M/WBEs named in the report. Contractors must be prepared and able to submit acceptable documentation of expenditures (receipts, account statements, subcontracting agreements, etc.) when requested to do so by the Department Contract Manager at any time during the duration of the contract.

Bidders that fail to meet their SDP commitments may be required to pay a penalty equal to the value of the unmet portion of the SDP commitment. The Department reserves the right to freeze fiscal purchases or payments until such penalty is paid in full. Payments will be made in the form of checks payable to the Commonwealth of Massachusetts or as otherwise specified by the Department Contract Manager. Continued non-compliance may result in the contractor being suspended or removed from the contract.

All Bidders that select Growth and Development as their M/WBE SDP business relationship may be required to submit a narrative report providing further details and current progress towards meeting the SDP commitment if requested to do so by the Department Contract Manager. Non-compliance with Growth and Development SDP commitments may result in the contractor being suspended or removed from the contract.

7.2 Environmental Preferred 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 considered to be 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.

7.3 Performance Measures

Contractors will be measured and evaluated based upon the following performance criteria; to include but not limited to, the following:

· Departments satisfaction for timely deliveries/services and/or product supports as required by contract

· Submission of required documents (accuracy in following preparation directions), meeting deadline dates

· Invoicing, as specified within the RFR

· Contractor’s account manager responsiveness to Departments needs (surveys, written or verbal requests), Report Compliance (furnishing Manifests in a timely manner to Administrative Services- Fiscal Unit)

· Any licenses, permits, manufacturer training, system certifications etc., as indicated in this RFR and when renewed or updated during the life of this contract, the awarded vendor is to furnish copies to the Contract Coordinator (Procurement Team Leader).

8.

Evaluation Criteria

Contractors must submit responses that meet all the submission requirements of the RFR as defined in Section 9. 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.

The Department is looking for the “best value” response which provides the greatest quantity or services at the highest quality.

Below are the criteria and maximum points available:

Criteria Maximum Points Available

Availability of Items and Vendor Bid Pricing 50 points

Required Documentation

15 points

Vendor Experience, Past Performances & Business References

10 points

Prompt Payment Discount

5 points

Supplier Diversity Plan – 10% of total points available

8 points

9 Instructions for Submission of Responses:

Responses must be sent to the issuing Department at, 50 Maple Street – Suite 3, Milford, MA 01757, Attention: Maureen R. Doherty, with the following:

Required Forms

Responses that are submitted without completed required forms may be disqualified as unresponsive. The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive. All the Standard Forms referenced below are available on the “Forms & Terms” tab for this RFR on Comm-PASS. If a Bidder should encounter difficulty in locating or downloading any of these forms, please contact the Comm-PASS Helpdesk at 1-888-627-8283.

· Commonwealth Terms & Conditions is a required form. All Bidders must complete, execute and return the Commonwealth Terms and Conditions. Complete all blanks and required information fully and accurately. This form must be executed without modification.

· Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) is a required form. This form must be executed without modification. Please ensure that the legal address listed on the Commonwealth Terms and Conditions is the same legal address indicated on this form.

· Standard Contract Form is a required form. All Bidders must be prepared to execute a Standard Contract Form prior to Contract execution. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s response. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a response to this Request for Response (RFR) that is the Contractor’s offer as evidenced by the execution by the Contractor’s authorized signatory, that the Contract’s response may be subject to negotiation, and that the terms of the RFR, the Contractor’s response and any negotiated terms shall be deemed accepted and included as part of the Contract upon execution of the Standard Contract Form by the Commonwealth’s authorized signatory.

· Contractor Authorized Signatory Listing Form is a required form, both pages must be completed. All Bidders responding to this RFR must complete the Contractor Authorized Signatory Listing Form that provides a listing of individuals who are authorized as legal representatives of the Bidder who can sign contracts and other legally binding documents. In addition, Bidders must complete the Proof of Authentication of Signature.

· Authorization for Electronic Payment Form is a required form. All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. 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 Guidance for Vendors.

· Supplier Diversity Form is a required form. Pursuant to Executive Order 524, any contract with a potential financial benefit of $150,000 or more requires a bidder to complete applicable sections of this form and include the required attachments for consideration in the scoring of the submission for any contract opportunity with the Commonwealth of Massachusetts.

· Business Reference Form is a required form for this procurement. Bidders must submit three references.

· Additional Preferable Product Information is in line with the Commonwealth’s efforts to promote products and practices which reduce environmental impacts. This is to solicit information from bidders regarding their environmental efforts.

· Prompt Pay Discount Form is in line with the Commonwealth’s efforts to promote sound fiscal practices.

· Other forms as required by the Department of Correction – Vendor Response Sheets A, B and C are included in the body of the RFR.

The above attachments are available on the “Forms & Terms” tab for this RFR on Comm-PASS.

Original plus 3 copies of the response are to be submitted.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

A response that addresses all requirements in Section 7 (scope of services and fiscal requirements)

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.

9.1 Deadline for Responses:

Bids are to submitted in a sealed envelope and clearly marked “RFR File # 13-DOC-Program/items”

Initial Submission Deadline Date:

April 24, 2012 Deadline Time:

TIME 2:00 pm

TO:

Maureen R. Doherty – Contract Specialist III 50 Maple Street – Suite 3 Milford, MA 01757-3698 Bidders must be aware that the Department of Correction Headquarters, located in Milford, is located within the Headquarters of the Massachusetts National Guard. Bidders may be required to produce photo identification to National Guard personnel at the security gate of the facility prior to entering the parking lot. Bidder personnel will also be required to surrender photo identification to the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the National Guard property and prosecution according to all applicable laws.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the National Guard and then by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

Written Questions must be received by:

April 3, 2012 by 2:00 PM

(By email at mrdoherty@doc.state.ma.us or FAX at 508-422-3383, attn.: Maureen R. Doherty. It is the bidder’s responsibility to verify receipt of questions.)

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 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 PMT to be lost or rejected by any means including email or spam filtering.

Written Responses released on or about:

April 10, 2012 (Written questions and responses will be posted on the internet.)

Best and Final Offer (BAFO)

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer Opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

9.2 Procurement Calendar

IN GENERAL

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). 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 (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). 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.

Items with the text, "( Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified contractors to fulfill their own SDP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

This RFR will contain some or all of the following components as part of the Supplier Diversity Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Ancillary use of certified M/WBE firms,

· Growth and Development activities to increase M/WBE capacity, A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the Supplier Diversity Office (SDO). All certified businesses that are included in the bidder’s SDP proposal are required to submit an up to date copy of their SDO certification letter. The purpose for this certification is to participate in the Commonwealth’s Supplier Diversity Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SDO certification, contact their office at 1-617-502-8851 or via the Internet at mass.gov/SDO.

Supplier Diversity Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

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, fur-bearing animals and any forestry or lumbering operations.

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-PASS.

Comm-PASS. Comm-PASS is the official system of record for all procurement information which is publicly accessible at no charge at www.comm-pass.com. Information contained in this document and in each tab of the Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via Comm-PASS, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support Bidder submission of written questions associated with a Solicitation and publication of official answers. All records on Comm-PASS are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs. Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

It is each Bidder’s responsibility to check Comm-PASS for:

· Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the Solicitation’s Summary tab, and

· Any Bidders’ Forum records related to this Solicitation (see Locating an Online Bidders’ Forum for information on locating these records.

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

Comm-PASS 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-PASS records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within Comm-PASS 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

· Access to Online Response Submission, when allowed by the Issuer, to support:

· paperless bid drafting and submission to an encrypted lock-box prior to close date

· electronic signature of OSD forms and terms; agreement to defer wet-ink signature until Contract award, if any

· withdrawal of submitted bids prior to close date

· online storage of submitted bids

Every public purchasing entity within the borders of Massachusetts may post records on Comm-PASS at no charge. Comm-PASS 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-PASS system.

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.

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.

NOT REQUIRED FOR THIS RFR Debriefing. ( Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

NOT REQUIRED FOR THIS RFR Debriefing/Appeals: Administrative Appeals to Departments. ( Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

NOT REQUIRED FOR THIS RFR Debriefing/Appeals: Administrative Appeals to OSD. ( Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the State Purchasing Agent at Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the State Purchasing Agent shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the State Purchasing Agent shall not prohibit the department from proceeding with executing contracts.

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 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 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:

· The Original should be submitted SINGLE SIDED.

· All copies should be printed double sided.

· 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.

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

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: Executive Order # 509 Guidance.

NOT REQUIRED FOR THIS RFR Filing Requirements. ( Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin.