AGR-MentalHealthTraining-NonSW-2-FY22.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ENERGY AND

ENVIRONMENTAL AFFAIRS -

MASSACHUSETTS DEPARTMENT OF

AGRICULTURAL RESOURCES

251 CAUSEWAY STREET, SUITE 500

BOSTON, MA 02114-2151

Request for Response

Document Title: Agricultural Mental Health Training Services, Non Statewide Contract Solicitation, Round 2

Document Number: AGR-MentalHealthTraining-NonSW-2-FY22

Responses will be received online, via COMMBUYS

Rolling Submissions – final deadline is June 30, 2022, by 4 PM.

Questions may be submitted via the Q&A functionality in COMMBUYS

Massachusetts Department of Agricultural Resources- MDAR

Issue Date: April 6, 2022 Purchasing Department Department of Agricultural Resources Address 251 Causeway Street, Suite 500 City, State Zip Code Boston, MA 02114-2151 RFR Name/Title Agricultural Mental Health Training Services, Non Statewide

Contract Solicitation, Round 2 RFR Number AGR-MentalHealthTraining-NonSW-2-FY22

1. Description or Purpose of Procurement:

The Massachusetts Department of Agricultural Resources (“MDAR”) seeks applicants to provide a series of focused, in-person and online training programs (“Program”) for Massachusetts farmers and for professionals who collaborate with farmers and farm workers (e.g., MDAR staff, subcontractors, and other agricultural service providers) to increase their awareness of mental health concerns, knowledge of available resources, and understanding and ability to act on and access the available resources.

The Program goal is to promote conversations about basic mental health information, increase awareness of mental health concerns, provide up to date and accurate information, and provide language and context to increase conversations about mental health with a goal of ending the stigma associated with mental health discussion and treatment.

MDAR recognizes that Massachusetts farmers and associated professionals may experience elevated levels of anxiety, depression, substance use, and death by suicide, and that these concerns may be heightened by the ongoing COVID-19 pandemic in combination with the existing community stressors related to succession planning, financial stability, farm sustainability, drought and climate change, rising costs of production, farmland access and tenure insecurity, supply chain disruptions, and labor concerns.

The COVID-19 pandemic increased pressures on mental health as farmers had to adapt their businesses to reach consumers and maintain market access, while working more hours due to labor shortages and increased demand for local food.

To effectively meet the needs of our farmers, MDAR is proposing the Strengthening and Enhancing the Farm and Ranch Stress Assistance Network in Massachusetts project.

Massachusetts farmers pride themselves on their ability to produce healthy, high-quality crops and livestock, but they often overlook their mental health and wellness. The COVID-19 pandemic increased pressures on mental health as farmers had to adapt their businesses.

Target audiences for the Program include farmers and associated professionals, with special consideration to, Black, Indigenous, People of Color (BIPOC), Veterans, Environmental Justice communities, and socially disadvantaged populations. MDAR will also partner with and leverage the knowledge and expertise of service providers in the state and regional network to identify areas of mental health concern and better understand the available resources. .

The anticipated reach of the Program will be at least three hundred (300) individuals who will complete the trainings offered over the course of summer-fall 2022.

Scope MDAR is seeking proposals from contractors to provide comprehensive training programs, designed to educate participants on the importance of identifying mental health concerns and understanding the services available to assist Massachusetts farmers and associated professionals. The training should connect this education with instruction on how to access the services and providers of mental health assistance.

MDAR proposes the following objectives to address and meet the mental health and wellness needs of our agricultural stakeholders. The project will be designed to reach at least three hundred (300) individual participants across the Commonwealth.

Objective 1: Training for Farmers, State Staff, Sub-Contractors, and Service Providers.

Provide training programs to Massachusetts farmers, as well as professionals who collaborate with farmers and farm workers (e.g., MDAR staff, subcontractors, and other agricultural service providers) in order to increase their knowledge, understanding and ability to act on mental health concerns including:

1) How to recognize stress and signs of need.

2) How to listen and communicate effectively.

3) What resources are available and how to refer/access.

MDAR will subcontract according to state procurement policies with a qualified instructor to conduct half-day trainings in four (4) locations across the state’s geographic regions:

• Southeastern MA

• Central MA

• Western MA

• Berkshires MA

Training Location and Group Demographics MDAR is requesting a combination of in-person and online training sessions, ensuring that all training comply with applicable federal, state, and local COVID-19 requirements in place at the time of the training and as further directed by MDAR. The desired number of these groups is at least eight (8) in-person trainings for MDAR internal teams, members of the farming community, and organizations that work with MDAR. The desired in-person group size is ten (10) individuals per group, to the extent such in-person training is allowed by MDAR in accordance with applicable COVID-19 in place at the time of the training.

On-line training will be provided for over 200 individuals to meet the required total of at least 300 participants in the Program. MDAR anticipates a minimum of twelve (12) online trainings be conducted across the Commonwealth.

Training Focused Topics to Include:

Training for State Staff, Sub-Contractors, and Service Providers

• Communicating with Farmers Under Stress (Reaching 100 individuals)

• Adult Mental Health First Aid

Training for Farmers

• Weathering the Storm in Agriculture: How to Cultivate a Productive Mindset (Reaching 200+ individuals)

Participant Recruitment

MDAR will reach farmers and professionals by notices sent directly to staff, subcontractors and partnering organizations, and by posting to websites and relevant listservs. MDAR will collaborate with Farm and Ranch Stress Assistant Network - New England (FRSAN-NE) for outreach and materials describing the need for and importance of these trainings. Field events and conferences will be a part of the awareness promotion outreach for the trainings.

The measure of success will be the trainings offered and completed by at least three hundred (300) farmers, state staff, subcontractors, and service providers in the agreed schedule (March and April 2022).

Deliverables (Phase 1)

• Development of the training curriculum:

1. A summary of MDAR within two (2) weeks from the start of the RFR award. MDAR will review and affirm the submission submitted to complete the tasks and may suggest additions.

Deliverable (Phase 2)

• Begin Trainings in summer and complete by end of fall 2022 (though timeline may be flexible).

• In Person and Online trainings scheduled and conducted, as otherwise allowed by MDAR in accordance with applicable COVID-19 requirements in place at the time of the training.

Deliverables (Final)

• Develop report on significant feedback from training group participants identifying knowledge of mental health awareness, understanding of the available resources to assist and any requests or suggestions participants make that they believe will enhance the development of further outreach and support materials by MDAR by fall 2022 (Though timeline may be extended beyond fall 2022).

MDAR reserves the right to require all trainings be conducted remotely as it determines is necessary to ensure compliance with applicable federal, state, and local COVID-19 requirements in place throughout the duration of the contract.

2. Applicable Procurement Law

Check : Type of Purchase Executive Branch Goods & Services- Applicable Laws Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

3. Acquisition Method:

Check All Applicable: Category Fee-For-Service

4. Bid Calendar Type:

Check Type Description ☒ Rolling Submissions are accepted on a rolling basis. Final deadline for responses is June 30, 2022.

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

Check Number of Contractors

☒ Multiple Contractors Target Number of Contracts No Maximum

a. Adding Contractors after initial Contract Award: this is a Standard RFR. No contractors will be added after initial contract award.

b. MDAR may award more or fewer contracts, if it is in the best interest of the Commonwealth to do so.

6. Entities Eligible to Use the Resulting Contract

Check Limited User Contract- Eligible Entities/Agencies

☒ Restricted to Use by Defined Entities Only: MDAR- Department of Agricultural Services

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

Contract Duration Number of Options Number of Years/Months Initial Duration Contract Effective Date through August 31, 2022 Renewal Options 0 *May be available based on Grant continuation Maximum Contract Duration @ Six Months

The program may be extended beyond August 31, 2022. Vendors will be notified of any timeline changes.

8. Anticipated Expenditures, Funding or Compensation:

Check: Compensation Type

☒ Rate Contract- Subject to Quoted Price Lists from Pre-Qualified List of Contractors The funding for any contract(s) is $30,000, to be split between one or more eligible awarded entities.

9. Contract Performance and Business Specifications:

Work Requirements

• Development of training curriculum to address the mental health concerns the farm community is facing.

• Be able to deliver the developed trainings in-person and online in accordance with all applicable federal , state, and local COVID-19 requirements in place at the time of the training.

• Include information in the training that will allow those in need to access the mental health service and supports available to the farming community and its supporters.

• Ability to identify and secure in-person training locations across the desired geographic regions of Massachusetts and ensure compliance with all applicable federal, state, and local COVID-19 requirements in place at the time of the training.

• Knowledge of and ability to conduct online training, including technology platform management and support skills to ensure participants are able to join and participate either in chat or verbally.

• Consult with any other state agency which the contractor feels necessary with the prior approval of MDAR.

• Present the final training feedback and suggestions to the Department.

• Report must be submitted to the Department after final training feedback and suggestions.

Minimum Qualifications Required

• Ability to demonstrate the training is transferrable to the farming community workplace.

• Ability to demonstrate that applicant’s company is a good fit for the project objectives outlines.

• Experience providing training in-person and online to a variety of audiences focused on farming and mental health.

• Ability to collect, review, evaluate and synthesize participant feedback provided during the training sessions.

• Ability to compose relevant reports and related documents.

• Ability to effectively communicate in writing and orally.

Preferred Qualifications

• Knowledge of the Massachusetts farming community and its supporters.

• Awareness of mental health challenges faced by the Massachusetts farming community and the most effective way to communicate information on the available mental health resources and services to assist with concerns.

• Ability to identify and provide a main point of contact for the project who will be responsible for reporting on status of training development, identification of in-person locations and technology support.

• Experience working with and training members of the identified farmers, including Black, Indigenous, People of Color (BIPOC), Veterans, Environmental Justice communities, and socially disadvantaged populations.

Fiscal Terms: Any successful bidder shall be asked to complete and the sign the following forms as part of its agreement.

1. Commonwealth Standard Contract Form and Terms and Conditions

2. Final Scope and Budget

3. Electronic Funds Transfer Form

4. Authorized Signatory Form

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

In accordance with Commonwealth policies, MDAR cannot pay in advance for services. Payments shall be made after services have been rendered once invoice is received.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill Payment Policy.

Unless otherwise specified at the time of a rental, all invoices should be submitted to the individual that placed the rental order. Vendors shall be responsible for providing accurate backup documentation with each invoice.

10. Small Business Purchasing Program

Check Size of Procurement Annually SDP Commitment

Small Procurement (</= $250,000) SBPP section applies to this Procurement

Large Procurement (> $250,000) SBPP section does not apply to this Procurement

Program Background: The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference: While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility: To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements: It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.

Program Resources and Assistance: Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

11. Supplier Diversity Plan

Check Size of Procurement Annually SDP Commitment

Small Procurement (</= $250,000) Submission is NOT required for this Procurement

Large Procurement (> $250,000) Submission is MANDATORY for Procurements with estimated annual values exceeding $250,000

*Not required for this Procurement

12. Environmentally Preferable Products https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

13. Environmental Justice Policy

For the purposes of this RFR, “Environmental Justice” is defined as the equal protection and meaningful involvement of all people and communities with respect to the development, implementation, and enforcement of energy, climate change, and environmental laws, regulations, and policies and the equitable distribution of energy and environmental benefits and burdens. Environmental Justice is based on the principle that all people have a right to be protected from environmental hazards and to live in and enjoy a clean and healthful environment regardless of race, color, national origin, income or English language proficiency.

“Environmental Justice Population” is defined by the Environmental Justice Policy, issued by the Massachusetts Executive Office of Energy and Environmental Affairs in 2017, as neighborhoods where one or more of the following criteria are met:

• Annual median household income equal to or less than 65 percent of the statewide median

• 25% of its population is minority; or

• 25% or more of the residents have English Isolation.

https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759

14. Evaluation Criteria

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Additional information that will be used to conduct the evaluation and awarding of the Contract and may be included with RFR submission include:

• Overview of Company with a focus on training services provided.

• Resumes of key personnel in the Company and those that would lead the training.

• Examples of any past training curriculum focused on the farming community, its partners, and their mental health well-being.

• Online training experience and technology expertise.

• In-person group management and results reporting examples.

• Client references from past training project clients focused on the farming community.

• Overview of the benefits we will receive from collaborating with your Company.

General Evaluation: MDAR will consider no responses received after the deadline and will award Contracts to the most responsive bidder(s) that offers the best value. The fulfillment of the qualifications listed in this RFR, the completion of all required forms as listed in the RFR, and a determination by MDAR that contracting with the bidder will provide the “best value” to the Commonwealth will determine the basis for evaluation. In making this determination, MDAR will consider and score a number of factors including price, experience, geographic location for ease of service, and quality. MDAR may disqualify Responses that are incomplete or inaccurate at its own discretion.

15. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 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.

COMMBUYS Submission Instructions:

Include at a minimum the following with your submission:

• Company/Vendor overview and credentials.

• Methodology/Approach of the project

• Quote for Project or rates- Include any additional rates if applicable.

• Sample report

• Confirmation you can meet the report deadline. (If not, provide closest completion date)

All terms, conditions, requirements, and procedures included in this RFR must be met in order for a Response to be determined responsive. If a Respondent fails to meet any material term, condition, requirement or procedure, its Response may be deemed unresponsive and disqualified. MDAR reserves the right to request additional information from a Respondent to clarify their response to this RFR, provided that, in MDAR's view, any such opportunity to provide further information does not prejudice the interests of the other Respondents.

Note: Prices submitted by the vendor will be set for the full duration of the Initial Contract. Any change in pricing will be submitted and approved in advance by MDAR upon each renewal option.

Additional Invasives or services may be agreed upon and added at time of renewal, or mid agreement, via a contract amendment.

16. Estimated Procurement Calendar

Procurement Activity Date Original Release of this RFR/RFQ/Bid: April 6, 2022 Amended RFR Document Released: N/A Application Due Date: (COMMBUYS Bid Opening Date) Rolling, final deadline June 30, 2022 Estimated Notification of Selected Vendors: As proposals are accepted.

Estimated Contract Start Date: As soon as possible

*Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. **Estimated Contract Start Date: The actual start date will be the Contract Effective Date which is the date MDAR countersigns the Standard Contract form.

b. COMMBUYS Online Questions (Bid Q&A):

Written Questions must be entered using the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). MDAR reserves the right to not respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above). Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

17. Required Forms

Responses to this RFR must contain the following documents:

Submission Documents The following documents should be uploaded with your COMMBUYS Quote response. .

☒ Bidder’s Application Submission Documents: See Section 14 for all details to include.

Required RFR Attachments Included:

Appendix A: Required Specifications Appendix B: COMMBUYS Electronic Quote Submission Instructions

RFR Attachments

Appendix A: Required Specifications

RFR - Required Specifications for Commodities and Services Revision Date: October 5, 2021

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 also may 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.

1. 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 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.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, 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; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, 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).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth.

To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html http://www.commbuys.com/ https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759

3. 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.

4. 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.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Orders 523 and 565, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP)

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

5. Have its principal place of business in the Commonwealth of Massachusetts;

6. Been in business for at least one year;

7. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

8. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-565.html https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-523-establishing-the-massachusetts-small-business-purchasing-program https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/sdp organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein.

This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility. The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, their subsidiaries, or affiliates as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

https://www.mass.gov/supplier-diversity-office https://www.mass.gov/supplier-diversity-office

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition.

If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified http://www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment https://www.mass.gov/forms/take-the-certification-self-assessment

SDP Spending Reports and Compliance. After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance. Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

8. 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, and/or fur-bearing animals; and any forestry or lumbering operations.

9. Best Value Selection and Negotiation. The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST 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.

10. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST 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.

11. 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.

12. 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.

13. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ http://www.mass.gov/sdp mailto:sdp@mass.gov 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 SSST, including requests for clarification. The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

14. 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 is able to 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 may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms).

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 already is 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 SSST 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 SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

15. 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: Tools and Resources for Implementation of Executive Order 509.

16. 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). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

https://massfinance.state.ma.us/VendorWeb/vendor.asp https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc…