2016 EEC Research 003 RFR .doc

The Commonwealth of Massachusetts

Executive office of education

Department of Early Education and Care

51 Sleeper Street, 4th Floor

Boston, MA 02210

Request for Response (RFR) Document Title: Research and Evaluation Consulting Services ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: Blanket Bid BD-17-1037-1CEN0-C0000-10047 Agency Document Number: 2016 EEC RESEARCH 003

9/30/2016

SHAPE \* MERGEFORMAT

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Early Education and Care (EEC) provides services for children in Massachusetts through a mixed delivery system which includes child care centers, out- of-school time programs, family child care homes, public preschool programs, private school preschool and kindergarten, and Head Start programs. EEC is responsible for licensing early education and care and out-of-school time programs throughout Massachusetts and for providing child care financial assistance to low-income families with children birth to 13 years of age. In addition, EEC provides support for information and referral services, inclusive programming for children with special needs, parenting and family support, and professional development opportunities for educators in the early education and out-of-school-time fields. These efforts affect thousands of early education and out-of school-time providers who serve more than 275,000 children each day. In its broadest role, EEC also serves as a source of information to more than one million families in Massachusetts. Toward that end, EEC periodically develops and implements pilot programs designed to more specifically meet the needs of children in care. Data collection and evaluation of these pilot projects to determine if they are efficient, effective, and worthy of replication are critical to their success. Through this procurement EEC is seeking to establish a list of researcher/evaluator consultants from which it will draw on an “as needed” basis to provide validated data, perform studies, and evaluate policies and program initiatives in the future. The selected consultants may be required to advise EEC on methods for data collection, research policy issues and evaluate program outcomes. In addition, the selected consultants may be asked to perform surveys and other studies that focus on child care providers and staff. The consultants may also be required to assist by providing them with valid data, performing data analysis, and incorporating data into existing databases.

EEC is seeking to establish a list of qualified researchers, evaluators, and consultants, either individuals or organizations, from which it will draw on an “as needed” basis to provide data; conduct research; and perform periodic studies, surveys, and evaluations of EEC program initiatives. The researchers, evaluators, and consultants may gather, analyze data, and/or provide expertise necessary for EEC to develop and implement child care policies and programs that promote the best outcomes for children, families, and communities across the Commonwealth.

Note: EEC does not guarantee that it will purchase services from all of the successful bidders who are deemed qualified through this process. EEC’s purpose in establishing a list of “qualified” researcher/evaluator consultants is to pre-determine qualifications, contract terms, prices, and the contractor’s availability to assist in drafting grant proposals, collect, analyze, store data and generate the reports necessary for program evaluations and research projects as needed. Reports must be generated in a manner that is compatible with the data gathered and research done on related initiatives at EEC. The scope of services will vary depending on the specific project and will be identified at the time of contract award. Consultants interested in providing services will be expected to work collaboratively with EEC designated staff to define the scope of services including estimated timelines and resource needs.

1.2 Background

The Department of Early Education and Care (EEC) is the state agency responsible for licensing the Commonwealth’s child care programs and administering the Commonwealth of Massachusetts’ human and social services subsidized child care system. EEC is committed to making available quality child care which is responsive to the needs of children in care and their families. EEC periodically receives funding from the Federal and State government to implement programs that are designed to provide specialized services and care to children and their families. Additionally, EEC conducts research to assess the effectiveness of different child care policy options. The collected data is shared with EEC’s Board, the Secretary of Education, the Legislature, and the child care community in making informed child care policy decisions. EEC is seeking to compile a list of qualified individuals and/or organizations to assist it in providing data, conducting research, developing and implementing pilot programs, and in accessing expertise related to child care licensing and subsidy issues and quality of care issues. More specifically, if selected, a researcher/evaluator consultant may assist EEC in writing grant proposals for child care research. This may involve formulating a methodology or design for conducting research that is explained in a grant proposal and later implemented if the project is funded. A research/evaluator consultant may also be required to conduct literature reviews, consider periodic studies, evaluate programs already in place, or provide expertise that EEC needs to design or implement initiatives effectively. As projects arise, EEC will notify the “Qualified” research/evaluation consultants about the project and may require that they submit additional information regarding specific experience they may have regarding the subject matter in addition to their proposed methods for conducting the research and/or evaluation. EEC may conduct interviews and/or request specific information from "Qualified" researchers prior to determining which, if any, will be awarded a contract. A qualified research/evaluation consultant may provide verified data to inform EEC policy and program development. The actual scope of the work to be performed and rate of compensation would be negotiated prior to contract execution.

1.3 Applicable Procurement Law

This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of Awards

____ Single Contractor _X__ Multiple Contractors EEC may contract with multiple contractors from the list of “qualified” researcher/evaluator consultants to assist it in projects in the future.

1.5 Eligible Entities

Only EEC and the Executive Office of Education (EOE) will be able to contract under this procurement.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

EEC will establish either unit based or project based or subscription based contracts with selected vendors depending on the type and scope of work to be performed. EEC reserves the right to seek project cost estimates from multiple, qualified vendors from the “qualified” researcher/evaluator consultant list prior to entering into a service contract.

1.7 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.

1.8 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

From January 1, 2017 to December 31, 2021.

Total Maximum Contract Duration

NO GOODS MAY BE ORDERED AND NO NEW LEASES, RENTALS, MAINTENANCE, OR OTHER AGREEMENTS FOR SERVICES MAY BE EXECUTED AFTER THE CONTRACT HAS EXPIRED.

1.9 Estimated Value of the Contract

Consultants will be reimbursed either on a unit basis (hourly rate) or on a project basis (by deliverables) or subscription rate depending on the type and scope of work to be performed, the availability of funding, and programmatic factors. EEC reserves the right to seek project cost estimates from multiple, qualified vendors from the “qualified” researcher/evaluator consultant list prior to entering into a service contract.

Prior to the commencement of their contract(s), selected vendors will negotiate with EEC staff specific compensation structures for specific evaluation/research projects. The agreed upon compensation and compensation structure will be incorporated into the terms of the contract upon contract award.

2 ESTIMATED PROCUREMENT CALENDAR

This procurement shall utilize a rolling enrollment. RFR responses will be accepted beginning on October 1, 2016 through September 30, 2023 by 3:30pm. EEC intends to evaluate responses submitted by bidders within 30 days of receipt.

Services may be used at any time during the period in which this RFR remains open. EEC makes no guarantee that services will be purchased under this RFR. Prior to the end of December 31, 2023, a new RFR will be posted.

Times are Eastern Standard/Daylight Savings (US) as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Amendment Deadline

EEC 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. The Strategic Sourcing Team (SST) and 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.

3 SPECIFICATIONS

3.1 Bidder Qualifications

1.) All of the successful bidders must be capable of literature review, systematic data collection, research, and data analysis through methods that are compatible with EEC research goals and initiatives.

2.) Successful bidders will work closely with EEC’s Director of Strategic Planning and Research and other EEC staff as appropriate. In addition, EEC may require successful bidders to work with other state agencies, child care resource and referral agencies, child care programs and organizations, and other researchers, as necessary.

3.) Successful bidders must be capable of meeting challenging timelines and preparing reports of a technical nature as required by EEC.

4.) Successful bidders may be required to coordinate the data collection process with CCR&Rs, child care providers, parents, state agencies, and private agencies. Successful bidders will need to develop and maintain professional relationships with different agencies across the Commonwealth in order to aid in data collection compliance.

5.) Successful bidders may be expected to design, develop, and use a variety of evaluation tools to evaluate implementation and assess the effects of different child care models on children, families, programs, child care staff, and communities. Successful bidders will need to demonstrate the expertise necessary to conduct these tasks.

6.) At a minimum, bidders must have a Bachelor’s degree and at least three years' experience in data collection, data analysis, and program evaluation techniques; and Bidders must provide documentation to verify any stated credentials including certifications and/or licensures. Bidders are encouraged to submit samples of past reports, studies, recommendations, evaluations, and any other materials that would verify their qualifications or experience.

3.2 Preferred Qualifications

1.) Individuals and/or organizations affiliated with a university or college or other research institution;

2.) A Master’s degree and experience in social science research 3.) As needed, experience in child care social services;

4.) Experience in program evaluation through the use of a variety of evaluation tools;

5.) Experience in coordinating data collection and analysis;

6.) Experience and demonstrated ability to carry out qualitative, quantitative program assessments; and 7.) The demonstrated ability to work with a wide range of professionals and organizations as well as families using their services.

3.3 Security and Confidentiality

Prior to beginning work, all researchers/consultants may be required to sign a confidentiality statement assuring that he/she will keep confidential all data related to the EEC project(s) he/she consulting on. The Contractor will also sign a statement promising to comply with any confidentiality protocols developed by EEC.

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

3.4 Delivery of Data

All researchers/consultants will be responsible for delivery of data to EEC in a format acceptable to EEC.

3.5 Ownership of Data

All data collected by researchers/consultants will be the property of the Commonwealth and must be conveyed to EEC in a format that is acceptable to EEC.

4 EVALUATION CRITERIA

4.1 Mandatory Requirements

INITIAL QUESTIONS TO BE ANSWERED BY BIDDERS RESPONDING TO THE RESEARCH/EVALUATOR CONSULTANT LIST:

In addition to certifying that the specifications as set forth in this RFR will be met, bidders must answer the following questions in the narrative portions of their respective responses. In drafting the answers, bidders should refer to the appropriate section of the RFR for a complete description of each specification. For ease of review, the questions must be answered in the order in which they are asked.

Question 1: Bidder’s Qualifications and Experience maximum points: 18 Bidders must demonstrate that they meet the qualifications outlined in Section 3 of this RFR. Bidders must submit an updated curriculum vitae/resume with attached list of references and list of any published works for all potential project leads. In addition, please provide the following:

a. A description of your experience in research and program evaluation work in child care in Massachusetts and other states.

b. A detailed description of a successful project including information about the research design, data collection, analysis and reporting.

c. An example of written communication related to a research project (i.e. research briefs, literature reviews, research reports, published articles).

d. Names and contact information for at least two references who have direct knowledge of your ability to carry out research activities.

e. Please state your availability to conduct research over the next year.

Question 2: Supplier Diversity Program Plan Form I maximum points: 2 All bidders must submit an Supplier Diversity Program Plan (SDP) which is found under the Forms in the solicitation of this solicitation posting. Bidders will be eligible to receive up to two points depending upon the percentage committed in bid response for life of contract doing business with Minority and Women Owned Businesses.

4.2 Evaluation Of Responses

EEC will establish an evaluation committee consisting of at least two representatives from EEC, depending on the number of responses received, for the purpose of evaluating all responses. One member will be designated to serve as chair of the evaluation committee. The chair will assume responsibility for the following:

a.) Reviewing all response submissions to determine if they meet the response submission requirements specified in the RFR, b.) Scheduling all evaluation committee meetings and oral presentations, if applicable, c.) Ensuring that all qualified responses are reviewed and evaluated in accordance with the procedures included in this RFR, and d.) Completing written evaluation scorecards for each bidder and submitting a Proposed List of Qualified Consultants to the Commissioner of the Department of Early Education and Care. No other written evaluation shall be required.

The evaluation committee members should each individually review and rate the bidders’ responses to questions one and two. The committee will convene and discuss the strengths and weaknesses of each response. The final product of the committee will be a single completed evaluation sheet for each response that reflects the consensus of the committee.

Specific guidance on rating Questions one and two is provided below.

points Rating Criteria for Question 1

points Rating Criteria for Question 2

4.3 Evaluation Components

A.) Cumulative Evaluation Scorecard for the Initial Responses

The Evaluation Committee should use this scorecard in rating the initial responses submitted by each bidder.

Bidder:

Evaluation Committee Members:

Committee Meeting Dates: _________________________________________________________________________

B.) Evaluation Factors to be Considered by the Evaluation Committee and the Commissioner:

In deciding which bidders should be included on the List of Qualified Consultants, the Committee will consider the cumulative scorecards for each bidder. Bidders, whose total scores are at least twelve (12) points, should be included on the Proposed List which will be submitted to the Commissioner of the Department of Early Education and Care. The Commissioner shall have the right to make the final decision. In making his final decision, the Commissioner may consider the thoroughness and completeness of the RFR response, the bidder’s references and samples of work submitted; the bidder’s contracting history with the Commonwealth, if applicable, and any other relevant factor. The scorecards shall constitute the written evaluations of each bidder and no other written evaluation shall be required.

If only one bid is received, EEC will evaluate the one bid to determine whether it meets the minimum requirements set forth in the RFR and will complete an evaluation scorecard. The evaluation will be completed by at least two representatives of EEC. If the bidder receives a score of at least twelve (12) then the bidder should be included on the Proposed List that is submitted to the Commissioner for his final decision. The scorecard shall constitute the written evaluation for this bidder and no other written evaluation shall be required.

EEC expressly reserves the right not to contract with any of the bidders on the list.

5 TERMS AND REQUIREMENTS PERTAINING TO AWARDED CONTRACTS

5.1 Process For Selecting Contractors From The List Of Qualified Consultants 1.) In the event EEC receives funding for future projects, EEC may contract with one or more of the bidders from the List of Qualified Consultants.

2.) In determining which bidder or bidders EEC will contract with for a specific project, EEC may require one or more of the bidders on the List to submit narrative responses to additional written questions, which may include questions about a bidder’s proposed compensation rate(s) for specified services, as well as a bidder’s availability to perform the required services within a given time frame.

3.) EEC will devise an evaluation format for reviewing bidders and will document the selection process.

4.) As part of the evaluation process, EEC will consider the score a bidder received with respect to the initial written questions, a bidder’s answers to supplemental questions, a bidder’s availability, compensation rate(s), a bidder’s response to the SDP Form and the best value to the Commonwealth.

EEC EXPRESSLY RESERVES THE RIGHT TO NOT CONTRACT WITH ANY OF THE BIDDERS ON THE LIST.

5.2 Pricing and Payment

Payments: Departments are required to make payments on an approved invoice within forty-five (45) calendar days of its receipt, unless an alternative payment period is negotiated for this contract. Your response may encourage prompt pay discounts, i.e., 4% net 10 days. However, the Commonwealth Terms and Conditions prohibit you from penalizing a Department or assessing a late penalty for payments that are made within forty-five (45) calendar days from receipt of invoice. All properly authorized invoices for services rendered during any given fiscal year (July 1st - June 30th), must be submitted by July 15th in order for the contractor to receive payment.

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.

Any interest on late payments shall be determined in accordance with 815 CMR 4.00. All Contractor payments are subject to intercept for outstanding debts to the Commonwealth pursuant to M.G.L. c. 7A, s. 3 and 815 CMR 9.00.

5.3 Invoices:

Invoices, which must state services provided, contract identification number, and dates of service, must be submitted to:

Department of Early Education and Care(EEC)

51 Sleeper Street

Boston, MA 02210

Attn: Sandra Fortier-Hollow

5.4 Performance Outputs/Measurements

Evaluation of services provided by any of the research/evaluation consultants contracted with through this procurement may include the following:

1.) Timely delivery (deliverables, billing, etc.), measured by:

· Adherence to project timelines;

· Bills submitted immediately upon satisfactory completion of work, or monthly, as outlined in contract.

2.) Responsiveness to EEC inquiries and relationship with EEC designated staff, measured by:

· Attendance at meetings as requested by EEC;

· Effective communication established with EEC project staff;

· Quality and timeliness of response to inquiries;

· Maintenance of a good working relationship with EEC designated project staff.

3.) Quality of services (Outlines, Work Plan, Collection Tools, etc.), measured by:

· EEC's satisfaction with the quality of services provided.

· Work, as outlined in contract scope of services, is complete and in accordance with EEC’ specifications.

EEC project staff will rate the selected bidder at the end of each fiscal year that the contract is in effect to determine if the performance requirements outlined above have been met.

Rating Criteria:

· Satisfactory – The Contractor maintained all levels of performance requirements during the fiscal year.

· Fair – The Contractor failed to meet one performance requirement during the fiscal year.

· Poor-The Contractor failed to meet more than one performance requirement during the fiscal year.

· Non-compliant-The Contractor failed to meet all of the performance requirements during the fiscal year.

EEC anticipates that the Contractor will receive a “Satisfactory” rating. If the Contractor receives a poor or Non-Compliant rating during the performance period, EEC and the Contractor will meet to discuss performance requirements that are not being met and develop a plan of action for correction.

At any time during the contract period, EEC reserves the right to negotiate changes to the original contract and performance specifications and performance outputs/measures, consistent with the terms of this RFR, upon reasonable notice to the contractor. All such changes may be made through an administrative memo and not a formal contract amendment.

6 HOW TO SUBMIT A QUOTE

6.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

6.2 COMMBUYS Support

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

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.

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

a. Responses must be sent via the "create Quote" functionality contained in COMMBUYS.

For instructions concerning how to submit a Quote, please see Appendix A.

b. 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.

6.3 COMMBUYS Quote Submission

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

· An online job aid on How to Create a Quote;

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

6.4 Bid Opening Date/Time

This procurement shall utilize a rolling enrollment. RFR Responses will be accepted until September 30, 2023 at 4:00p.m.

EEC intends to evaluate responses submitted by bidders within 30 days of receipt. Vendors may apply to this RFR more than once if they were not selected to be on the List of Qualified Trainers based on their initial response. Any responses received after September 30, 2023 will not be evaluated.

Services may be used at any time during the period in which this RFR remains open. EEC makes no guarantee that services will be purchased under this RFR. Prior to the end of December 31, 2023, a new RFR will be posted. If services are not utilized during the initial contract period, EEC reserves the right not to renew the contract.

All and all questions regarding this Contract Application must be submitted in writing through COMMBUYS, Questions and Answer tab.

6.5 Quote Contents

Bidders must comply with the requirements below.

6.5.1 RFR Submission Checklist

EEC Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

6.5.2 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 of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, 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.

6.5.3 Ink Signatures

Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

Check if

Applicable ("X"

Notes/Instructions (if any)

Standard Contract Form. (is included for information purposes only and will be required at contract execution) Mail original form at contract execution only - Wet Ink

Successful 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 the open date of the Bid. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

6.6 Limits and Restrictions

6.6.1 Document Pages

Bidders should submit no more than 8 single pages (excluding the required forms and attachments) of narrative in response to the questions asked and information requested. If Bidders exceed the page limits, the SSST may make provisions to penalize the Bidder in the Evaluation Criteria, read and evaluate only those pages up to the page limit referenced above

6.6.2 File Size Limits

The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc. <OR, if file descriptions and names are specified on the Bidder Response Form Only:>If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

6.6.3 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 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

6.7 Withdrawing a Quote

Prior to Bid Opening Date/Time Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

After Bid Opening Date/Time

No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

6.8 Additional Quote Terms

Prohibition regarding contract terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

Bidder Response Form All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid in order to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The SSST does not want and will not read, consider or evaluate a line by line response to this RFR.

7 RFR - Required Specifications for Commodities and Services

Revision Date:

October 9, 2015

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. 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 are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. 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.

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 Registration. Bidders may elect to obtain a free COMMBUYS Seller registration 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 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-training-events-and-outreach/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.

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…