2019-DMH-CLIENT PURCHASE-01 RFR~1.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Mental Health

Document Title: DMH Client Grocery Purchase Master Agreement Request for Response

COMMBUYS Bid#: BD-19-1022-DMH08-8210C-41326

DMH Document Number: 2019-DMH-CLIENT-PURCH-01

Date: March 1, 2019

Contact Name: Gregory Drouin, Contract Administration, Audit and Systems

Address: Department of Mental Health Central Office 25 Stanford Street Boston, MA 02114 Email: gregory.drouin@state.ma.us Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

TABLE OF CONTENTS

SECTION 1 INTRODUCTION AND GENERAL DESCRIPTION

1.1 Issuing Entity/COMMBUYS

This Bid is being issued by the Department of Mental Health Central Office.

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid and is publicly assessable at no charge at www.COMMBUYS.com. For more information on COMMBUYS, please see the OSD RFR - Required Specifications for Commodities and Services that is an attachment to this RFR (located in COMMBUYS attachments in the file named Additional Terms and Info - download and review). Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

1.2 Description and Purpose of Procurement

The Department of Mental Health seeks to establish a Master Service Agreement (MA) which will consist of pre-qualified vendors to allow for staff and clients of the Department to purchase groceries, personal care products and typical household items (as defined in 4.1) at their stores for State Operated Group Living Environments (GLE’s), and for emergency purchases for food/personal care products made by DMH on behalf of case managed clients living in independent settings. Bidders may choose to be qualified as a single entity or as a franchise.

This is an open procurement for the duration noted in section 1.6 of this RFR. This RFR will be posted and managed on COMMBUYS as a Rolling Enrollment Bid Solicitation. Bidders will be allowed to submit Reponses any time after Available Date of the Bid Solicitation on COMMBUYS and will be evaluated and qualified on an ongoing basis through the Bid Opening Date. Vendors will be awarded contracts as they are qualified and will be required to complete and return the required forms as specified in section 4.4

Vendors awarded a contract under this Master Agreement will be eligible to enter into a Purchase Order (PO) with DMH Area Offices.

1.3 Number of Awards and Ability to Reopen

DMH expects to make multiple contract awards as a result of this RFR.

1.4 Eligible Entities

· DCF,DDS,DPH,MCB,MCB,ORI,VET

1.5 Acquisition Method(s)

__X___ Fee For Service/Goods ______ Other:

1.6 Master Agreement Contract and Statement of Work Duration

The initial term of this Master Agreement Contract is through 6/30/2023. Additionally, the Contract has five one year renewal options, with a Maximum Contract End Date of 6/30/2028 (including the initial term and all possible renewal options). DMH reserves the right to make an award for a shorter duration when it is in the best interest of the Commonwealth.

The duration of a contract awarded after the first response period, will depend on when the particular contract is awarded. If the contract is awarded during the first five years of this procurement being opened, the initial duration potentially will be from its effective date (as defined in Subsection 9.2) until June 30, 2023. DMH will then have five one-year options to renew the MA.

The duration of any Purchase Order (PO) entered into by a DMH Area to purchase goods from a qualified provider on the MA will be negotiated at the time of execution of the PO; provided, however, that the duration of a PO does extend beyond the applicable qualified provider’s contract and/or the end date of the procurement.

All contracts executed as a result of this RFR; renewals and POs are subject to appropriations and the performance of the qualified provider on an on-going basis.

1.7 Ownership of Submitted Quotes

DMH is under no obligation to return any Responses/Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidders. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in Bidder’s Responses/Quotes, whether or not the Response/Quote is selected for Contract award.

Responses/Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active.

1.8 Prohibitions

Bidders are prohibited from communicating directly with any employee of DMH 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 using the contact information provided in Subsection 1.1 if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should email the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or call during normal business hours (8AM – 5PM Monday – Friday) at 1-888-627-8283 or 617-720-3197.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Response/Quote, the Bidder certifies that the Response/Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course of action with, any other Bidder of the commodities and/or services described in the RFR.

1.9 Anticipated Expenditures, Funding or Compensation for Expected Duration Estimated value of this procurement (including Anticipated Renewal Options) is $1,250,000 Federal funds may be used to fund any part of a PO issued to a qualified provider.

SECTION 2 ESTIMATED PROCUREMENT TIMETABLE

2.1 Procurement Timetable

RFR Release Date

Bidders’ Conference There will be ___ Bidders’ Conference:

Date:

Time:

Location:

Not Applicable. There will not be a bidders conference for this RFR.

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. Applicants are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

A Master Agreement list of all qualified providers awarded contracts will be maintained on COMMBUYS, by DMH Area(s) for which they are qualified to provide services and/or by statewide.

Purchase Orders (POs) with qualified providers on the Master Agreement (MA) will be negotiated and executed by individual DMH Area Offices as needed.

2.2 Written Questions Via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the DMH regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Procurement Calendar. DMH reserves the right not to respond to any questions asked, and/or submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to DMH using any other medium (including those that are sent by mail, fax, email or voicemail) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. DMH 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 Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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

Locating Bid Q&A:

To locate the Bid Q&A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Note: Generally any other communications with DMH about the Bid are prohibited. See OSD RFR - Required Specifications For Commodities and Services, “Bidder Communication,” for more information. The OSD Required Specifications are included in the COMMBUYS file for this Bid.

2.3 RFR Amendment or Cancellation

DMH reserves the right to make amendments to the Bid after initial publication; including, but not limited to, closing the period for accepting responses. 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. DMH 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.

This RFR does not commit DMH to award a MA or a PO or to pay any costs incurred in the preparation of a Bidder’s response. DMH reserves the right to accept or reject any and all responses received as a result of this RFR, to negotiate with any or all qualified Bidders and to cancel in part or in its entirety the RFR if it is in the best interest of DMH to do so.

2.5 Reasonable Accommodations

Bidders with disabilities or hardships that seek reasonable accommodations should submit a written request by email, fax or mail to the DMH Contact Person named in Subsection 1.1. For what needs to be included in the request and more information on Reasonable Accommodations please see the OSD RFR-Required Specifications For Commodities and Services included in the Attachment Section of this Bid’s COMMBUYS file.

SECTION 3 BIDDER QUALIFICATIONS

To be determined as qualified, a Bidder must meet the Entity and Fiscal Requirements of this Subsection 4.1 and be capable of and have a reasonable plan for providing the services described in Section Five.

The DMH Procurement Manager has the right, at any time during the process, to require a provider on the MA to provide additional proof of its qualifications and capacity to meet the needs of DMH.

3.1 Entity Requirements

3.1.1 Location. Applicants must provide the address(s) of all retail locations where DMH can purchase goods under this RFR.

3.1.2 Experience. A provider must have been in business at least 5 years.

3.2 Fiscal Requirements

A Contractor must meet the requirements set forth in this Subsection.

3.2.1 Sound Fiscal Condition. A provider must be of sound financial condition as determined by DMH. DMH reserves the right to request additional financial information from a Bidder/Contractor, at any time throughout the procurement or duration of its MA, if DMH determines that such information is necessary to determine that the provider is or continues to be in sound financial condition.

3.2.3 Good Standing. If incorporated, a provider must be in good standing in and be in compliance with all filing requirements of the state of incorporation and with the Commonwealth of Massachusetts.

3.2.4 Tax Compliance. A provider must be in compliance with all federal and Massachusetts tax laws.

3.2.5 Debarment. A provider must not be subject to a federal or state debarment order. DMH cannot award a MA to a provider that is currently subject to a Massachusetts or federal debarment order.

3.2.6 Electronic Funds Transfer (EFT). A provider that is determined qualified must participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. For more information on EFT see the OSD RFR-Required Specifications for Commodities and Services included in the Attachment Section of the RFR’s COMMBUYS file.

3.3 Liability Coverage

Providers that enter into a contract with DMH to be added to the MA must provide and maintain at its own expense, during the term of its contract Professional Liability Coverage – Coverage shall be written subject to limits no less than $1,000,000 per occurrence and $3,000,000 aggregate. If coverage is lost or reduced below the specified limits, DMH must be notified and the contract may be canceled by DMH.

At the time of entering into a contract with DMH, a provider must give DMH a certificate of Insurance certifying that the required insurance has been obtained. In addition, a certified copy of the policy must be provided on request.

3.4 Required Forms

A Bidder must complete, sign and submit all required forms, in accordance with Section 7. The following forms can be found in this bid’s COMMBUYS posting:

· Commonwealth of Massachusetts Standard Contract Form and Instructions; At time of award

· Commonwealth of Massachusetts Terms and Conditions;

· Massachusetts Substitute W-9 form – Request for Taxpayer Identification Number and Certification

· Contractor Authorized Signatory Listing – note: DMH requires both pages, and the second page must be notarized;

· Authorization for Electronic Funds Payment (EFT)

· RFR Cover Sheet

· Supplier Diversity Program Plan Form #1

· Business Reference Form

· Bidder Response Form –

· PPD Form – return with response

SECTION 4 SERVICE SPECIFICATIONS

Providers must be able to serve at least one Commonwealth of Mass County or statewide. A provider must specify what Counties they can deliver services.

4.1 Service Specifications

This RFR will establish a pre-qualified list of vendors to allow for DMH clients and/or program staff on behalf of clients, to purchase goods for programs for clients, for staff to shop on behalf of clients and client related activities. This is necessary for various reasons but include: required for client treatment plans, client programs and activities, etc. Clients may purchase any item that is carried in the store as deemed appropriate by staff of DMH.

4.2 List of Allowable Items for Purchase Under This MA

Items allowed for purchase under this MA include typical grocery items such as food, personal care products, and basic household items. Household items are defined as kitchen items (silverware, drinking cups, plates, etc), cleaning supplies, personal hygiene/health and beauty aids (soap, toothpaste, shaving cream, etc), general first aid supplies, clothing and other items for use in a Group Living Environment, or in an independent living environment supported by DMH.

TV’s, small appliances, electronics, computers allowed only if the purchase of these items helps in allowing for the smooth transition of a DMH client from a residential setting to independent living.

Items not allowable for purchase under the scope of this procurement include alcohol, tobacco products, lottery tickets, cell phones, gaming systems, entertainment products (books, magazines, music, movies, etc), and weapons.

SECTION 5 FISCAL SPECIFICATIONS

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

5.1 Invoicing

Vendors must agree to invoice the appropriate Department of Mental Health Area directly for all purchases during the agreed upon billing period.

5.2 Prompt Payment Discounts

Providers are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found on the OSD Forms page and in this solicitation at the COMMBUYS Bid Solicitation.

5.3 Supplier Diversity Program Plan

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All Providers responding to this RFR must complete the “SDP Plan Form # 1” and submit with their response. To perform services in excess of $150,000 under the MA, a Contractor will be required to have an approved Supplier Diversity Plan. In determining if the $150,000 amount is reached, all Statement of Works issued to a provider’s under its MA contract will be considered. In addition, the presence of a Supplier Diversity Plan will be considered in selecting qualified providers for Statements of Work.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at SDO Business Directory.

· Resources to assist Prime Applicants in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

SECTION 6 HOW TO SUBMIT A RESPONSE (QUOTE) AND RESPONSE REQUIREMENTS

6.1 Submitting Responses

A Bidder must submit their Response electronically on COMMBUYS in accordance with the directions included in the Bid’s COMMBUYS file. Documents requiring signature should be scanned and then submitted as separate attachments.

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

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

· Commonwealth of Massachusetts Terms and Conditions (if not already on file with the Comptroller)*

· Commonwealth of Massachusetts Standard Contract Form (At time of award)

· Request for taxpayer Identification and verification (Mass. Substitute W9 Form) (if not already on file with the Comptroller)*

· Contractor Authorized Signatory Listing with Proof of Authentication of Signature for each Signatory

· Electronic Funds Transfer Sign-up Form (if not already on file with the Comptroller)*

· RFR Cover Sheet

*Note: If a Bidder has already submitted to DMH or another Commonwealth agency signed Terms and Conditions, Form W-9, and/or Authorization for Electronic Funds Payment as listed above and such are on record with the Office of the Comptroller, it does not need to submit another. If any of these forms are not included in a response, DMH will verify that they are on record with the Office of the Comptroller.

6.2 File Format and Naming Convention

DMH requires all response attachments that are uploaded in COMMBUYS include in the file name the company name of the Bidder, the RFR number and the name of the document, i.e., Company Name_RFR Number_Doc Name. Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper.

6.3 Submission Deadline

To be considered for a First Round of Contract award, the response must be submitted on COMMBUYS by the date and time specified in Subsection 2.1.

To otherwise be considered for a Contract award, a Response may be submitted at any time on or before April 1, 2028 at 4:00 p.m.

6.4 Response Requirements

A Response must consist of the following:

___ A Completed Bidder Response Form

___ Required forms. A bidder must submit the forms required in Subsection 3.4.

SECTION 7 REVIEW AND QUALIFICATION PROCESS

b. Evaluation Criteria To qualify for an MA for the DMH Area(s) selected by the Bidder or Statewide, the criteria set forth below for each part of the Bidder’s Response must be met:

7.2.2 Debriefing. Any Provider not selected for listing on the MA or any provider that fails to qualify for all DMH Areas that it included in its response may request a debriefing to understand the basis for the decision. The request must be in writing and received within fourteen (14) calendar days of notification of such being sent to the Provider. All requests for a debriefing must be addressed to the Awarding Authority as follows:

Charles Pukmel Director of Contracts Department of Mental health 25 Staniford Street Boston, MA 02114

Pursuant to 801 CMR 21.06(13), no Bidder shall hold any press conferences, or make news releases or announcements concerning its selection or non-selection for a Contract prior to DMH’s public release of said information, or prior to the written approval of DMH. Violation of this section may be considered grounds for disqualification.

7.3 New Responses

If a Bidder’s response is disqualified or if a Bidder is determined not to be qualified, a Bidder may submit a new response; provided, however, that some revision or change has been made and the bidder attaches to the Response Cover Sheet a summary (one (1) page maximum) of the changes or revisions that were made.

In addition, a qualified provider may file at any time an additional response to add on to the DMH Areas where it wants to do business.

SECTION 8 TERMS AND REQUIREMENTS PERTAINING TO AWARDED CONTRACTS

8.1 MA Contents

A contract awarded as part of the MA under this RFR will, at a minimum, consist of the following:

· This RFR, including all attachments;

· Bidder’s response to the RFR;

· Commonwealth Terms and Conditions;

· Standard Contract Form; and

· Other terms and conditions which both parties (DMH and Contractor) agree upon. These terms and conditions must be in writing.

8.2 Contract Authorization and Effective Start Date

The “Effective Date” of the contract or an amendment to the contract is determined by the execution dates of the contract/amendment and any required approvals as outlined in the Commonwealth Terms and Conditions.

Notwithstanding verbal or other representations by the parties, or an earlier start date indicated in a Contract, the effective start date of performance under a Contract shall be the date a Contract has been executed by an authorized signatory of the Contractor, the Department, a later date specified in the Contract or the date of any approvals required by law or regulation, whichever is later.

Services under a contract may not be rendered until the effective start date, as specified above. Contractors will receive written notification of the effective start date.

8.3 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager Information current. If this information changes, the Contractor must notify the DMH Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if the Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Contractor and DMH to be lost or rejected by any means including email or spam filtering.

8.4 Publicity

The Contractor awarded a Contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by DMH.

8.5 Review of Qualified Provider List

DMH may, at any time, review the qualified providers lists under this Contract to determine whether such providers remain qualified to be Qualified Providers. DMH may terminate the Contract with any Qualified Provider if DMH determines the Qualified Provider is no longer qualified.

8.6 Selection for Purchase Order

DMH makes no guarantee that any services will be purchased as a result of a qualified provider entering into a contract with DMH, or that any qualified provider listed on the MA will be selected to provide services under a Purchase Order. Area Directors or their designee will be responsible for entering into POs for their Areas. The Awarding Authority or her designee, will be responsible for entering into POs for statewide services.

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