2014 Japan RFR 2015_MOTT_01 Document.doc

The Commonwealth of Massachusetts

Massachusetts Marketing Partnership/ Massachusetts Office of Travel & Tourism

10 Park Plaza, Suite 4510, Boston, MA 02116

Request for Response (RFR) Document Title:

Japan Destination Marketing and Public Relations Services ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid Number: BD-14-1100-MMP01-MMP01-00000000377 Agency Document Number: 2015-MOTT-01 Issue date: May 7, 2014

SHAPE \* MERGEFORMAT

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Massachusetts Office of Travel & Tourism (MOTT)

Table of Contents

PAGE

1. BID Scope and Description

2. ELIGIBILITY REQUIREMENTS

3. SPECIFICATIONS

4. ELEMENTS OF PROPOSAL

5. PROCUREMENT SCHEDULE & PROCEDURES

6. INSTRUCTIONS FOR SUBMISSION OF QUOTE

7. GENERAL EVALUATION CRITERA & SELECTION PROCESS

Appendix 1: REQUIRED SPECIFICATIONS

Appendix 2: INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH STANDARD FORMS

1.

BID Scope and DESCRIPTION

1A.

Purpose

The Commonwealth of Massachusetts, Massachusetts Marketing Partnership/Massachusetts Office of Travel and Tourism (MMP/MOTT) require the services of a travel marketing vendor to develop and implement public relations, trade relations, and consumer marketing campaigns to promote Massachusetts as a tourist destination in Japan.

Bidders must be capable of significantly increasing the volume of travelers to Massachusetts from Japan with highly cost-effective, results-driven programs. Bidders must clearly demonstrate how their programs will increase the economic impact to Massachusetts and the state’s return on investment.

1B.

Applicable Procurement Law MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 1C.

Number of Awards MMP/MOTT intends to award one contract.

1D.

Acquisition Method Fee for service and reimbursement for qualified expenses 1E. Alternative Contractor

MMP/MOTT reserves the right to enter into a contract with one of the bidders selected as a finalist if, in the event, the vendor initially chosen does not perform in accordance with the performance criteria, the contract is terminated without cause by either party, or the terms of the final contract cannot be finalized to the satisfaction of MMP/MOTT.

1F. Performance and Payment Time Frames Which Continue Beyond 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.

1G. Eligible Entities This procurement is for use by the MMP only.

1H. Contract Duration

The initial term of this Contract is July 1, 2014 - June 30, 2015. This Contract has two options to renew of up to one year each with a maximum Contract term of three years (including the initial term and all possible renewal options).

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1I.

Estimated Value of the Contract

Dollar amounts indicated are only estimates. Contract amounts during the period of the contract may increase or decrease significantly, based upon budget appropriation, availability of funds, level of marketing services required by MMP/MOTT, and evaluation of vendor’s performance. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation. No federal funds will be used to fund this Contract.

1J.

Budget and Financial Procedures The contract maximum obligations specified in Section 1I includes all costs incurred by the vendor including implementing the marketing plan, providing account and contract management services, and all out-of-pocket expenses. Vendor is not responsible for familiarization trip expenses incurred within Massachusetts and MMP/MOTT staff travel and accommodations.

Vendor’s invoices will be paid in U.S. dollars. Changes in currency exchange rates will not result in a change to the maximum contract obligation.

Value Added Tax (VAT) does not apply to services invoiced to, and rendered on behalf of, MMP/MOTT.

Contract payments will be on a monthly cost-reimbursement basis. All payments will be to the vendor.

Vendor will submit a monthly invoice accompanied by relevant documentation that supports the successful completion of services, the monthly program status report, and detailed receipts of all expenses.

2.

ELIGIBILITY REQUIREMENTS

2A.

Business Capabilities Bidders are considered eligible if they meet the following minimum qualifications:

1. Have continuously operated as a corporate entity for a minimum of 36 months preceding the date of submission, and possess full-service capabilities for strategic development, media relations, travel trade development, and partnership development.

2. Possess a minimum of 36 months’ experience in developing and implementing all marketing services specified in Section 3.

3. Demonstrated effectiveness of programs for current or previous travel clients.

4. Established office(s) in Japan and/or the U.S., staffed by vendor’s employees, through which activities will be coordinated and managed. Specify the location of the office(s), date(s) established, and the number of full- and part-time employees in office(s).

5. Account manager with a minimum of 36 months’ demonstrated marketing/public relations agency and/or related corporate experience. Account manager must be fluent in spoken and written English.

6. Demonstrated experience and ability to work within the Japanese travel industry and media (based in Japan and the U.S.) and the necessary network of contacts to initiate and implement this program.

7. Fluency in Japanese language and culture.

2B. Compliance Statement Bidder must complete and sign bid document #13, Compliance Statement, in “Attachments” tab.

3. SPECIFICATIONS

3A. Marketing Services The vendor will represent Massachusetts at trade and consumer shows/marketplaces; target consumer and trade media; and establish relationships and collaborative programs with tour operators, travel agents, and airlines.

Any plans to subcontract marketing tasks must be specified in the bidder’s response and will be evaluated by MOTT as part of the proposed program. See Section 4F for restrictions on subcontracting. All subcontractors are subject to approval by MOTT. The vendor will be responsible for each subcontractor’s performance and work.

3B.

Specific Marketing Services

Vendor’s responsibilities will include, but not be limited, to:

1. Developing an annual marketing plan, and, subject to MMP/MOTT’s decision to renew the contract, initial planning for the following fiscal year. The annual plan will include an analysis of economic conditions, competitive environment, marketing challenges, and recommendations on target markets and audiences, messages, advertising and marketing communications strategies, tactics, budget, and timing of campaigns.

2. Developing an overall media relations program, including developing, maintaining and enhancing relationships with consumer and travel trade media (print, broadcast, online, and social media).

3. Coordinating and executing all aspects of familiarization trips for consumer and trade press and tour operators and travel agents; targeting qualified consumer press; soliciting qualified journalists to visit Massachusetts and negotiating with the airlines to obtain complimentary or discounted tickets for participating journalists.

4. Coordinating MOTT’s participation in select consumer travel shows and travel trade shows. Vendor will prioritize travel show participation based on budget allocation.

5. On request, attending annual special events or trade shows, as directed by MOTT including, but not limited to, IPW, Massachusetts Governor’s Conference on Travel & Tourism, JATA, and The Discover New England Tourism Summit. On request, presenting marketing plans and programs to Massachusetts travel industry groups.

6. Managing consumer and travel trade fulfillment, including a dedicated Massachusetts phone line.

7. Managing content and operational functions of existing Japanese Web site and providing statistical analysis on the performance of the site.

8. Advising on print collateral. Production costs will be part of the total overall vendor budget.

9. Developing, strengthening, and maintaining relationships with the travel trade, in Japan and in the U.S., in order to generate new Massachusetts products. Providing key tour operators with itinerary planning, staff familiarization trips, staff reservation training, and assisting with brochure production, general product selection, and product assistance.

10. Developing and implementing promotional marketing partnership programs with airlines, car rental companies, and other potential businesses that enhance the image and brand awareness of Massachusetts.

11. Planning and accompanying MOTT staff on sales missions (in Japan and the U.S.) for Massachusetts travel industry delegations. Setting up appointments with travel leaders; securing venues for events; coordinating travel. All expenses, except MOTT staff travel and accommodations costs, will be paid by the vendor and reimbursed as a contract expense.

3C.

Account and Contract Management Tasks

In addition to marketing programs, the vendor will be responsible for account and contract management tasks, including, but not limited, to:

1. Providing sound fiscal account management and judgment in the administration of the annual plan.

2. Providing monthly activity and status reports and press clippings.

3. Submitting an annual Performance Report based on specifications provided by MOTT. The report will quantify the results of all programs included in the annual plan.

4. Monitoring travel industry trends and developments that may affect tourism from Japan and report on these matters as promptly as possible.

5. Providing logistical support when MOTT representatives visit Japan on business-related travel.

4. ELEMENTS OF PROPOSAL

Bidders responding to this bid must submit the following elements. Material submitted must follow this organizational structure and all parts must be completed to be considered a valid response to this bid. MMP/MOTT reserves the right to request clarification of information submitted and/or to request additional information.

4A.

Eligibility

Respond to each eligibility requirement specified in Section 2.

4B.

Description of Organization

· General overview and history

· Annual client billings in U.S. $ for the past 2 calendar years, including an estimate for current year

· Number of full- and part-time employees and consultants/contract employees by functional area

· Organization chart

· List of current clients, indicating each client’s tenure with your company

· Experience, if any, in marketing and developing travel brands for any U.S. travel destination

· Contact information for this bid: name, title, phone, email, and fax

· A concise narrative outlining the strengths of your company as it relates to MOTT’s marketing needs.

4C.

Account Team

Proposed account team: names, credentials, length of employment, and work status (permanent vs. contract employee). Identify the person who will have primary responsibility for managing the account and the person who will be the primary day-to-day contact with MOTT.

4D.

Plan Detailed response to Specifications, Section 3. Present a Year 1 action plan based on the estimated FY2015 maximum obligation in Section 1I. The action plan must demonstrate how the proposed program will increase the economic return to Massachusetts.

4E.

FY 2015 (July 1, 2014-June 30, 2015) Budget and Agency Fees Budget should itemize costs in U.S $ for each program element specified in Marketing Plan, Section 4D, and all vendor’s fees and administrative and out-of-pocket costs. Present the proposed staff fee structure (hourly rates, monthly and annual hours, annual fees) by completing bid document #12, Staff Fee Structure, in “Attachments” tab.

All media and external costs will be reimbursed at net cost. Costs will be paid on a monthly, cost-reimbursement basis.

4F.

Subcontracting Specify any major services that will be subcontracted, such as web management, Social media, media planning and buying, interactive marketing, and creative services, and proposed subcontractor(s): names, locations, credentials, and length of relationship with bidder. The following services may not be contracted: strategic development, partnership development, media relations, and travel trade development.

4G.

Other Travel Destination Clients Provide a list, if any, of current U.S. travel destination clients. MMP/MOTT reserves the right to disqualify a bidder if MMP/MOTT deems the client(s) to represent a conflict of interest.

Contract with successful bidder will require bidder to disclose to MMP/MOTT any plans to add new U.S. travel destination clients. MMP/MOTT reserves the right to terminate the contract if MMP/MOTT deems the client(s) to represent a conflict of interest.

4H.

Demonstrated Effectiveness Provide a limited selection of materials – reports, data analysis, program summaries, press clippings, brochures, co-op marketing materials -- that demonstrate the effectiveness of bidder’s work for clients within the last 24 months.

4I.

Supplier Diversity Program Plan See Appendix 1 and complete bid document #11, Supplier Diversity Program Plan Form 1, in “Attachments” tab. All applicable sections of the form must be completed.

4J.

Environmental Plan

See Appendix 1 and complete bid document #10, Environmental Plan, in “Attachments” tab.

4K.

Contract and Bid Documents

Complete all contract and bid documents in “Attachments” tab:

1. Commonwealth Terms and Conditions

2. Commonwealth Standard Contract Form

3. Contractor Authorized Signature Verification Form

4. Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding

(W-8BEN)

5. Authorization for Electronic Payments (EFT) – USA Bank only

6. Business Reference Form.

7. Prompt Payment Discount Form

8. Bidder Disclosure Form

9. Consultant Contractor Mandatory Submission Form

10. Environmental Plan

11. Supplier Diversity Program Plan Form 1

12. Staff Fee Structure

13. Compliance Statement

5. PROCUREMENT SCHEDULE & PROCEDURES

Bid Opening date (deadline for submitting quote): May 30, 3:00 pm, EDT

Note: this deadline is absolute; COMMBUYS will not except quotes beyond this deadline, regardless of circumstances. MMP/MOTT strongly recommends that bidders allow ample time to submit a COMMBUYS quote.

5A. Procurement schedule (subject to change)

Bid Release Date

May 7

Start date for submitting questions through COMMBUYS “Bid Q&A”

May 7

Deadline for submitting questions through COMMBUYS “Bid Q&A”

May 15

Bid amendment deadline. Bid documents will not be amended after this date.

May 20

Bid Opening Date (deadline for submitting a quote)

May 30, 3pm EDT See note in Section 5

Announcement of awarded Bidder(s) on COMMBUYS

On or before June 16 (Estimated)

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates on the Solicitation’s Summary tab or Forum pages, the dates on the Solicitation’s Summary tab or Forum pages on COMMBUYS shall prevail. Any changes in the Estimated Procurement Calendar which are made after the RFR has been published will not result in amendments to the Estimated Procurement Calendar. Such changes will appear only on the Solicitation’s Summary tab and/or related Forum pages on COMMBUYS. Bidders are responsible for checking the Solicitation’s Summary tab and related Forum pages on COMMBUYS for Procurement Calendar updates.

5B.

Online Bidders’ Forum Prospective Bidders may submit questions regarding this solicitation.

All Bidders' questions regarding the solicitation must be submitted within the timeframe of and only through the publicly accessible electronic Bidder's Forum found on COMMBUYS at www.COMMBUYS.com.

The RFR Procurement Calendar of this RFR will indicate the Online Question Start and End dates of the Forum.

To access the Ask a Question functionality during the Online Question period:

1. Navigate to www.COMMBUYS.com

2. Select the Forums tab from the main navigation bar

3. Select the "Search for Forums" option

4. Enter the Solicitation Document Number (2012-MOTT-03) in the

"Referenced Solicitation Number" field

5. Select the "Search" button

6. The system will return a results link at the top of the "Search for a

Bidder's Forum" page

7. Select the result link

8. Select the View icon (eyeglasses) for the related Solicitation from the list of records returned

9. If the Online Question period is open, the Ask a Question link will be offered

10. Select the link to ask at least one question Alternate Mediums Not Acknowledged: Please note that any questions that are submitted to the PMT via any other medium, including those that are sent via mail, fax, email or voicemail, will neither be accepted nor will the PMT provide a response.

Review Existing Questions: In an effort to reduce the possibility of redundant or duplicate questions, the PMT asks that prospective Bidders review all questions that may have been previously submitted in order to determine whether or not your specific question may have already been asked.

All Questions and Answers Are Visible to the Public: Therefore, all content must be suitable for public view. As such, please do not include any information in your questions, which you would not want to be visible to the public, including information about your company, other companies or information that could be considered inflammatory, incorrect, collusory, etc. The PMT reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this solicitation.

Consolidation: MMP/MOTT reserves the right to consolidate similar questions under one answer. Please note that all requests/questions must be submitted via the Bidder's Forum. Only written response(s) posted on COMMBUYS by the PMT will be considered as binding on the Commonwealth.

Only written response(s) posted on a Bidders’ Forum which has been “finalized” will be binding on the Commonwealth. The last entry in a Forum’s Summary tab indicates whether answers are final.

6.

INSTRUCTIONS FOR SUBMISSION OF QUOTE

6A.

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

Steps for Bidders to Submit a Quote

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

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

6B.

File Specifications & Formats

1. File Naming Conventions Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or

Response Component Description

File Name

Assign when creating files

a. File Size Limits

The COMMBUYS file upload system is set to limit the size of any single file to 10MB or less. If a single file attachment approaches or exceeds 10MB, the Bidder must save the contents as multiple files and label each accordingly. Bidders should note that transmission over the Internet can change the apparent file size of the document. If a large file smaller than 10MB is rejected, Bidders must break up the file as described above. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

b. Duplicate File Names Not Accepted

Once a file has been submitted, COMMBUYS will not accept another file with the same name. This is the case even with files that are modified or have been withdrawn. If it is necessary to resubmit a file, add an underscore and numeric suffix to the company name, for example, CompanyName_2_FootCat.

File Format Restrictions

All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 8 1/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the standard Forms located on the Solicitation’s Forms & Information tab, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.

GENERAL EVALUATION CRITERIA & SELECTION PROCESS:

Any response, regardless of the submission formats specified, that fails to meet a mandatory specification of this RFR may be found non-responsive without further evaluation unless MOTT, in its discretion, determines that the non-compliance is insubstantial, can be corrected, or that an alternative proposed by the bidder is acceptable. MMP/MOTT reserves the right to disqualify bidder if bidder’s other travel destination clients, specified in Section 4G, are deemed to represent a conflict of interest.

Bids will be reviewed by the Performance Management Team (PMT) to determine whether they meet all the eligibility requirements, specified in Section 2.

The PMT will then evaluate eligible bids, based upon the following criteria:

· Bidder’s (and subcontractor’s, if any) credentials, experience, and strengths (4B, 4F)

· Credentials and relevant experience of account manager and account team (4C)

· Year 1 Plan (4D)

· Budget & agency fee structure (4E)

· Demonstrated effectiveness of bidder’s work for other clients (4H)

· Supplier Diversity Program Plan (4I)

· Environmental Plan (4J) MMP/MOTT reserves the right to reject any and all proposals if it is deemed in the best interests of the Commonwealth.

MMP/MOTT reserves the right to enter into a contract with an alternative vendor as detailed in Section 1E.

Appendix 1 Required Specifications Operational Services Division

RFR - Required Specifications

Issue Date:

March 24, 2014

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. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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.

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

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

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

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

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

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

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

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

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

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. 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. 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 and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs 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 commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE 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.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies. In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

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 Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or 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 SST 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 SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

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.

Debriefing. ( Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. 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.

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.

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 Operational Services Division, Legal, Policy and Compliance Office, 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 Operational Services Division 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 Operational Services Division 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 on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST 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 SST 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 SST 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 SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· 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.

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. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

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).