1RFR 2022-001 rev1.docx

REQUEST FOR RESPONSE

Restaurant Food Take-out/Delivery Services - DYS 2022-001

COMMBUYS BID# BD-21-1035-DYS01-DYS01-59520

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of health and Human Services Department of Youth Services

600 Washington Street, 4th Floor Boston, MA 02111

Request for Response (RFR)

Document Title: Restaurant Food Take-out/Delivery Services

COMMBUYS Bid #: Bid BD-21-1035-DYS01-DYS01-59520

Agency Document Number: DYS 2022-001

June 17, 2021 (amended July 14, 2023)

Please Note: This RFR document is part of a larger procurement package, the complete version of which can be found on www.COMMBUYS.com. (Formerly known in common parlance as a "Solicitation," the package is referred to in the COMMBUYS system as a "Bid," to which respondents can submit their response, which in COMMBUYS is called a "Quote.") Respondents are responsible for reviewing all documentation and information pertinent to this procurement and for following all instructions and completing all forms as required. Respondents may also contact the COMMBUYS Helpdesk at COMMBUYS@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

ISSUE DATE: June 17, 2021

1. Description or Purpose of Procurement:

The Massachusetts Department of Youth Services (“DYS” or the “Department”) is soliciting bidders to supply freshly prepared, quality restaurant food for takeout or delivery to designated program locations. Both brick and mortar establishments and restaurants on wheels (food trucks, ice cream trucks, etc.) are eligible to bid and to be considered for contract awards under this RFR.

2. Applicable Procurement Law

(Executive Branch Goods and Services) Applicable Laws

801 CMR 21.00

801 CMR 21.00; 808 CMR 1.00

801 CMR 21.01(2) (b)

815 CMR 2.00

3. Acquisition Method:

Fee-For-Service

Outright Purchase

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

Multiple Contractors

a. Estimated Number of Awards The target maximum number of Contractors is fifteen (15), distributed across the Department’s five geographic regions. DYS may award more or fewer Contracts, if doing so appears to be in the best interest of the Commonwealth.

b. Adding Contractors after Initial Contract Award If, over the life of the contract, DYS determines that additional Contractors should be added, these may be drawn from qualified companies which responded to this Bid but were not awarded Contracts.

5. Entities Eligible to Use the Resulting Contract

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 entities: All departments and divisions within the Executive Office of Health and Human Services.

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

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

Initial Duration

Four years

Total Maximum Contract Duration

Eight years

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement (including anticipated renewal options): $480,000.

8. Contract Performance and Business Specifications:

a. Overview - Scope of Services Vendors are solicited to supply freshly prepared restaurant food of good quality, to be made available for either (i) take-out or (ii) delivery to one or more designated program locations. Deliveries will be to secure facilities, and the approximate wait time when arriving with a delivery will be five to fifteen minutes. The resulting contracts will be available for use by all departments and divisions within the Executive Office of Health and Human Services. Within the discretion of the Department the contracts may be made available for use by other eligible entities as well. Compensation will be based on prices established by the Bidder’s menu, which is to be provided by the Bidder with its Quote, adjusted by any applicable discounts the Bidder agrees to, plus any applicable delivery charges. As tips for delivery persons will not be allowed, Bidders should consider whether to state a delivery charge in their Response.

b. Required Qualifications and Documentation for Quote

1) Qualifications: The Bidder must have a minimum of five (5) years of experience preparing and offering its menu items for public sale and consumption, and must not have a record of bankruptcy, governmental enforcement actions, or failure to perform its contractual obligations.

2) Current License(s): The Bidder must be licensed to serve food by the applicable municipal Board(s) of Health and must provide, as part of its Quote, a copy of its current license(s).

3) Menu Submissions: The Bidder must provide, as part of its Quote, a copy of its menu, showing the specific food items available and up-to-date pricing information, including any discounts it is prepared to offer.

c. Additional Specifications The specifications contained in Appendix 1 are incorporated in this Bid and in any resulting contract(s).

9. Instructions for Submitting a Bid Response - COMMBUYS / Creation of Quote Responses (“Quotes”) will be submitted online, through COMMBUYS, using the “Create Quote” function. For a list and description of the forms that must be completed and submitted as part of the Quote, see section 10, below. To submit a Quote, Bidders must first register in COMMBUYS. For instructions on how to register, see Appendixes 2-3. For instructions on how to submit a Quote, see Appendixes 4-5.

10. Required Forms for Quotes Quotes submitted in response to this Bid will include the following, all of which are to be uploaded and submitted electronically via CommBuys: (i) the fully completed Bidder Response Form, and (ii) photographs or scans of the Prompt Pay Discount Form, Environmentally Preferable Products Form, required License(s), and Bidder’s Menu. Each form can be found on the Attachments tab of the Bid that is posted on www.COMMBUYS.com. (For the separate list of documents that Bidders who are awarded a contract will be required to complete and execute post-award, see section 14, below.) The Bidder Response Form is in excel format, so is best completed with a computer spreadsheet application. The other two forms may be printed and completed either by hand or with word processing software; once completed, they must be photographed or scanned, then uploaded as attachments to the Quote and submitted electronically. A detailed description of the forms follows.

1. Bidder Response Form:

a. Bidder’s Checklist (tab 1) - This guides the Bidder in submitting a complete Quote.

b. General Information (tab 2) - The Bidder must provide identifying and contact information.

c. Qualifications (tab 3) - The Bidder must have a minimum of five (5) years of experience in the restaurant food business, and must disclose adverse legal, financial and contractual events. The nature, severity, and recency of any such events will be considered in evaluating the Quote.

d. References (tab 4) - The Bidder must identify three (3) clients or customers as references, who should be those to whom the Bidder provided goods or services within the preceding three years. References should substantiate the Bidder’s ability to supply the goods and/or perform the services called for herein. DYS reserves the right to contact references, to verify information, and to investigate the Bidder's ability to perform under any resulting contract.

e. Delivery Locations (tab 5) - The Bidder must check the appropriate boxes stating which DYS locations it can serve and specify any delivery charge for serving such locations.

2. Prompt Pay Discount Form: The Bidder is not required to offer a discount for prompt payment, but if it does not, it must state in writing why one cannot be offered. Offering such a discount is often in the Contractor’s interest, as it can then receive payment more quickly than the standard 45 days from invoice. There is no prescribed discount rate a Bidder is required to offer.

3. Environmentally Preferable Products Form: Products and services purchased by state agencies must comply with Executive Order 515, under which 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. Questions may be directed to OSD’s EPP Procurement Program at www.mass.gov/epp.operations. Preference will be given to the Bidders that use Biodegradable/Compostable products, recycled content paper goods, or incorporate other environmentally preferable products or practices in their business.

11. Evaluation Criteria

a. General Criteria Quotes will be evaluated based on the Bidder's relevant experience, qualifications, and business references, on the quality and suitability of menu offerings, on pricing, and on the Bidder’s ability to reliably provide the required goods and services, respond to the Department’s needs in a timely way, and satisfy the requirements of any applicable Executive Orders. Quotes must meet all submission requirements of the Bid to be assured of being evaluated, scored, and ranked by the evaluation team. Any Quote which fails to meet the submission requirements will be found non-responsive without further evaluation unless the evaluation team, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the Bidder may be allowed to make minor corrections to the submission. The quality and number of business references will be considered in the evaluation of Quotes. If a Bidder receives an unfavorable review it may result in the loss of points or even disqualification. If a Bidder has done business with the Commonwealth, its past performance may be considered, whether offered as a reference or not. The Department may request additional information for evaluation purposes.

b. Nutritional Criteria Bidders are advised that food purchased and served by state agencies must comply with Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Under this Executive Order, all contracts resulting from procurements that involve the purchase and provision of food must comply with nutrition guidelines established by the Commonwealth’s Department of Public Health (DPH). (The guidelines are available on DPH’s website.) Accordingly, Bidders will be awarded additional points for offering healthy alternatives to traditionally less healthy foods, including those featuring fruits, vegetables, healthy salads, and whole grains, and minimizing or avoiding use of processed foods, refined carbohydrates, saturated and trans fats and sodium.

12. Small Business Purchasing Program This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). DYS intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, DYS may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

13. Estimated Procurement Calendar

Deadline to Submit Written Questions (must be done online via COMMBUYS “Bid Q&A” tab)

Deadline for Bid Amendments (Bid documents will not be amended after this date)

Deadline to Submit Quotes (Responses to the Bid) (called “Bid Opening Date/Time” in COMMBUYS)

It is each Bidder’s responsibility to monitor COMMBUYS for any changes to this procurement calendar.

a. Site Inspection There is no plan for a site inspection. Bidders who have questions about the locations where deliveries are to be made may pose them using the COMMBUYS Q&A function.

b. Written Questions (Submit Online); Posting of Answers Bidders who wish to pose written questions concerning this Bid must do so through COMMBUYS, by opening the Bid and selecting the “Bid Q&A” tab. This must be done no later than the date and time of the “Deadline to Submit Written Questions” shown in the Estimated Procurement Calendar (above). DYS reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify DYS's receipt of questions. Answers to online questions will be posted (on the same "Bid Q&A Tab") on or about the date for “Posting of Official Answers to Online Questions” shown in the Estimated Procurement Calendar.

c. Bid Amendment Deadline DYS reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. DYS and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

d. Quote Deadline ("Bid Opening Date/Time") Quotes (Bid Responses) must be submitted by the Deadline shown in the Estimated Procurement Calendar (above), which in COMMBUYS is known as the “Bid Opening Date/Time.” This Bid is being posted on a rolling enrollment basis, allowing a lengthy period during which Bidders may submit Quotes. This approach will permit Bidders ample time to prepare their Quotes and should provide an optimal number of vendors with diverse menus from which DYS programs can purchase.

e. Estimated Contract Start Date This is the approximate start date. The actual start date will be the contract effective date, which is the date on which the contract is executed by the parties.

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

14. Required Forms following Contract Award Bidders who are notified of their being awarded a contract will at that time be sent the following five (5) forms, which they must then review. Four of the forms must then be completed, signed, and submitted, on paper with original ink, subject to the exceptions set forth in this paragraph. The forms are available to be viewed (in blank), as they are attached as part of the Bid record on www.COMMBUYS.com. If the Bidder has already executed and filed the Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form), or the Authorization for Electronic Funds Transfer, and none of the information contained in those forms has since changed, those documents need not be resubmitted.

Mark (“X”) if applicable

15. RFR Appendices There are five appendices to this RFR; all are attachments to the Bid record on www.COMMBUYS.com.

Appendix 1 - Required Specifications Appendix 2 - Instructions for Registering in COMMBUYS Appendix 3 - Quick Reference Guide for Registering in COMMBUYS Appendix 4 - Instructions for Locating a Bid in CommBuys Appendix 5 - Instructions for Submitting a Quote (Responding to a Bid) in COMMBUYS

RFR Template Updated: April 2, 2014

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