182424~1.doc

The Commonwealth of Massachusetts

Department of public health

Bureau of Family Health and Nutrition

Address: 250 Washington Street, Boston, MA 02108 Contact Name: Terri Mendoza Telephone #: 617-624-6146 Fax #: 617-624-6179 Email: terri.mendoza@state.ma.us

Request for Response (RFR) Document Title: Metabolic Food and Formulas COMMBUYS BID Number: BD-17-1031-BFHN0-BFH01-13318 DPH RFR Document Number: 182424 March 6, 2017

Procurement Category: 42-23-18 Object Code: F01 Activity Code: 3390

1.1 Procurement Scope and Description:

The Department of Public Health/Bureau of Family Health and Nutrition/Nutrition Division is looking for vendors that will provide access to special low-protein foods and metabolic formulas for infants, children and adults with a diagnosis of phenylketonuria (PKU) or other related metabolic disorders who are uninsured or underinsured.

1.2 Background Information:

The Metabolic Foods and Formula Program will provide access to special modified low-protein foods and medically prescribed formulas for infants, children, and adults with phenylketonuria (PKU) and other inherited amino acid and organic acid diseases who are underinsured or uninsured. By law, health insurance companies are required to provide their members with PKU and other related conditions up to $5,000 per year for special foods and provide special formula up to the amount prescribed. The Metabolic Foods and Formula Program will provide the uninsured and underinsured specialized formula (for those not covered by applicable MassHealth policies) and up to $5,000 per year of specialized foods, ordered and sent directly to the consumer. Participants are registered for the program by a tertiary care hospital that operates a PKU and other related metabolic disorders clinic. Current guidelines for dietary management of clients with PKU from the National Institutes of Health (NIH) call for metabolic control via diet throughout the lifetime of the person with PKU.

1.3 Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

1.4 Whether Single or Multiple Contractors Are Required For Contract(s):

Check One (“X”):

Single Contractor

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Multiple Contractors

1.5 Calendar Rule Type:

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1.6 Acquisition Method:

Fee-For-Service

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Outright Purchase

Rental

Term Lease

Tax Exempt Lease-Purchase

License

Other:

1.7 Use of a Procurement by a Single or Multiple Departments:

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Limited User Contract – Restricted to Use by Issuing Entity Only.

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

· Identify additional Eligible Entities by name or type.

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.8 Expected Duration of Contract:

Anticipated Initial Duration up to: __3__ year(s) ____months;

Anticipated Renewal Options: __2__ options to renew for __2__ year(s) each option

Final End Date of this Contract: ______June 30, 2024_______

1.9 Anticipated Expenditures, Funding Or Compensation For Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options):

Amount $1,400,000 Check One (“X”):

Contract will have a Maximum Obligation

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Rate Contract: Contract will NOT have a Maximum Obligation Amount

Subject to Quotes by Pre-Qualified List of Contractors

Will Federal Funds be used to fund any part of Contract(s)?

No

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Funds Balance Forward Requirement for Capital, Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications

Examples of products currently purchased through the existing contract are low-protein alternatives for meat, poultry, dairy products, pasta, cereals and breads, in addition to special formulas appropriate for individuals with PKU and other metabolic disorders.

Bidders must follow FDA and Massachusetts Good Manufacturing Practices for Food and submit a copy of their current license for Food Processing and/or Distribution at Wholesale In Accordance with M.G.L. C.94, § 305C or other applicable statutes and/or 105 CMR 500.000 or other applicable regulations. Out-of-state bidders must adhere to the FDA regulations: 21 CFR Part 110.00: Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food.

Bidders must submit a current price list and/or order form with their application, and if selected as a vendor, each July 1st and with any change in prices.

A DPH staff person will place the orders via email or directly on-line on behalf of the patient.

The items should be shipped directly to the patient within 72 hours in a manner that maintains the integrity and usefulness of the items being ordered.

Items that are damaged or were shipped incorrectly should be replaced or credited within 10 business days.

DPH should be notified immediately if an item is out of stock.

Vendors will submit invoices as described later in the RFR and will be compensated accordingly. (See Sections 3.0 and 4.0)

The Department of Public Health reserves the right to add products that are continually being developed and to add the vendors of those products to best meet the health needs of clients. We also reserve the right to discontinue a product if it is found unsuitable. Additionally, the Department reserves the right to monitor changes in product and shipping costs and to discontinue ordering from a vendor should cost increases become prohibitive.

For environmental purchasing requirements, please see the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR Standard Required Information document posted at the COMMBUYS Bid Solicitation; File attachment section.

3.0 Performance Requirements and Contract Monitoring

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

1. Ability to accept orders by email and/or web-based order form

2. Timely delivery of metabolic foods and formulas

3. Timely billing and crediting

4. Sufficient and consistent invoicing procedures to meet Department requirements

5. Timely responsiveness to Departmental inquiries

6. Identification of a dedicated customer service representative to help resolve billing concerns

7. Quality of deliverables

8. Initial shipment of product within 72 hours of order.

The PMT shall negotiate with contractors any requirements not set forth in the RFR.

4.0 Contract Invoicing

Invoices should:

1. Be submitted per order, per patient in a timely manner

2. Be emailed to Department administrative contact

3. Include patient name

4. All invoices should reference the original order number, even if multiple invoices for the same order are issued

5. Include both the actual order date and the actual shipping date

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

5.0 Submission Requirements

Copy of current license for Food Processing and/or Distribution at Wholesale In Accordance with M.G.L. C.94, § 305C or other applicable statutes and/or 105 CMR 500.000 or other applicable regulations; If out-of-state, copy of equivalent state license

Current price list and/or order form

Description of invoicing procedures, including how credits are applied Description of shipping procedures

6.0 Evaluation Criteria

Supplier Diversity Program (SDP): The Supplier Diversity Program (formerly known as Affirmative Market Program) was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified Minority and Women Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

Additional information about SDP can be found in the Supplier Diversity Program (SDP) Plan section of the “Additional Requirements” document found on the COMMBUYS Bid Solicitation. The Supplier Diversity Program (SDP) Plan Commitment & Declaration of SDP Partner(s) form can be found at the COMMBUYS Bid Solicitation.

The SDP plan counts for 10% of the total proposal review score. Unless there are documented extenuating circumstances, no contract will be executed with a provider unless a percentage commitment of the contract amount has been made with at least one SDP-certified business.

This is a prequalified list, meaning that all bidders that submit a completed bid will be added. Being added does not guarantee products will be ordered.

1. Submit most current list of all low protein (PKU suitable) products

2. Include costs at fixed rate for one year at a time with description of shipping charges if not included in set rate.

3. Include shipping timeframes.

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 Vendor Web system. The PPD form can be found on the OSD Forms page and in this solicitation at the COMMBUYS Bid Solicitation.

7.0 Estimated Procurement Calendar

Deadline for Questions and Answers

All Questions must be received in writing. Questions can be emailed to terri.mendoza@state.ma.us no later than the date and time indicated in the Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

April 7, 2017 for responses to be considered for the July 1 start of FY18

The BID opening date

(Deadline for Submission of Response)

All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders.

Bid open and reviewed upon receipt. In order to have a contract in place by July 1, 2017, vendors must respond to this RFR by May 1, 2017.

This is a rolling enrollment RFR. Responses will be accepted electronically through COMMBUYS for the duration of the Solicitation.

Deadline for Forms that require Ink Signatures.

(See Instructions for Submission of Responses below for further instruction.)

Forms required one week after receipt of response.

8.0 Instructions for Submission of Responses

All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

In order to have a contract in place by July 1, 2017, vendors must respond to this RFR by May 1, 2017.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

COMMBUYS Item Screen Vendors submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DPH. “No Charge” must be checked or a dollar amount entered in the Unit Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Ink Signatures

The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Commonwealth Terms and Conditions (If not already on file with the Comptroller)

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) (If not already on file with the Comptroller)

· Electronic Funds Transfer Sign Up Form (If not already on file with the Comptroller)

Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of the Open date for this BID (See Procurement Calendar above). Successful bidders may have a delay in the execution of their contracts if the above forms are not received by DPH in timely manner.

File Format and Naming Conventions

Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in must be in a .zip format.

DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

9.0 RFR Attachments:

The forms listed on the COMMBUYS Bid Solicitation for this RFR must be submitted with your response where indicated.

To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:

complete and sign in blue ink as instructed in the

RFR

returned with the application

10.0 COMMBUYS Support

The following resources are provided to assist Bidders in submitting Quotes:

· An online job aid on “Creating a Quote in COMMBUYS for DPH; Standard RFRs”

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

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

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

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

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

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to � HYPERLINK "http://www.COMMBUYS.com" �www.COMMBUYS.com�.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

Standard Template 6-8-2015