Amended_Motorcycle Training School_Final_RFR.doc

RMV DIVISION

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: Motorcycle Training Schools

COMMBUYS Bid#: BD-16-1030-0R100-0R002-00000006944 Agency Document Number: MDOTBOSTON-MTS

RFR Introduction and General Description

11.1 Procurement Scope and Description

1.2 Applicable Procurement Law 1.3 Number of awards 1.4 Adding Vendors after initial Contract award 1.5 Acquisition Method(s) 1.6 Contract Duration 1.7 Estimated Value of the Contract Estimated Procurement Calendar 2.1 Amendment Deadline Specifications 3.1 Bidder Qualifications 3.2 Additional Qualifications Other Terms 4.1 No Additional Charges 4.1.1 No Pre-Payments 4.1.2 No Minimum Charge 4.2 Security and Confidentiality 4.3 Safety Policies and Personal Protective Equipment 4.4 Special Conditions 4.5 Failure to Perform Contractual Obligations 4.6 Reporting 4.7 Contract Management (Contractor’s interface with MassDOT’s Contract Manager) Audit:

Evaluation criteria 6.1 Evaluation Components

HOW TO SUBMIT A BID RESPONSE

7.1 Prohibition regarding contract terms Instructions for Execution and Submission of Forms 8.1 To Be Submitted with Bid 8.2 Bid Response Form 8.2.1 RFR Submission Checklist / First Page of Vendor Response Form 8.2.2 Page 2 of Bid Response Form 8.2.3 Scan of License(s) 8.2.4 Scans of Insurance 8.2.5 Scanned Copies of 3 References and reference information and/or requirements 8.2.6 Prompt Payment Discount Form 8.2.7 Small Business Purchasing Program 8.2.8 Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan 8.3 Forms to be submitted only Upon Award 8.3.1 MassDOT Standard Contract Form 8.3.2 MassDOT Terms and Conditions 8.3.3 Request for Taxpayer Identification Number and Certification (W9 Form) 8.3.4 Contractor Authorized Signatory Listing 8.3.5 Electronic Funds Transfer Form Appendix 1 – Required Terms 9.1.1 Alterations 9.1.2 Ownership of Submitted Quotes 9.1.3 Prohibitions 9.2 Terms and Requirements Pertaining to Awarded Contracts 9.2.1 Commonwealth Tax Exemption 9.2.2 Contractor’s Contact Information 9.2.3 Publicity Appendix 2 - RFR - Required Specifications

1 RFR Introduction and General Description

1.1 Procurement Scope and Description:

The Massachusetts Rider Education Program (MREP) is requiring all approved MREP motorcycle training schools to be under State Contract. Only approved MREP motorcycle training schools can respond to this RFR. The following are the requirements for the Motorcycle Training Schools:

Scope of Work:

· To assist with a MREP sponsored Coach/Instructor Preparation Workshop (new instructor training)

· To assist with a MREP sponsored Coach/Instructor Mini Updates or Meeting(Range and / or Classroom)

· To assist with any RiderCoach Evaluations

· To provide MREP with Motorcycle Training Class seats as needed

· To provide Coaches/Instructors to assist MREP at different events throughout the State

· To Issue Motorcycle Endorsements or License through approved RMV/MREP rider training licensing curriculums

· Input required information and data into the RMV approved Rider Education Management System.

· Store, Transport and Manage the Smart Trainer (Motorcycle Simulator) for the different motorcycle events in Massachusetts.

· Assist with any MREP campaign.

· Comply with all RMV / MREP policies and procedures.

1.2 Potential Amendments to Proposed Contract(s)

The RMVs’ - Motorcycle Rider Education Program reserves the right to add additional funds to this contract(s) to cover unforeseen expenses and additional program needs, approved by the RMVs’ - Motorcycle Rider Education Program.

1.3 Bidder Response Requirements:

· $3,000.00 = Rent/Lease of facility that can accommodate no more than 12 student in order to conduct a Massachusetts Rider Education sponsored Side car / Trike Education Program Instructor Preparation (IP). This will include everything needed to host the S/TEP IP.

· $2,250.00 = Rent/Lease of facility that can accommodate no more than 12 student in order to conduct a Massachusetts Rider Education sponsored MSF BRC RiderCoach Preparation Workshop (RCP). This will include everything needed to host the RCP.

· $1,500.00 - Rent/Lease of facility that can accommodate no more than 8 students in order to conduct a Massachusetts Rider Education Program sponsored MSF BRC RiderCoach Preparation Workshop (RCP). This will include everything needed to host the RCP.

· $500.00 = Daily Rent/Lease of facility for a training updates (8 Hours) or $60 per hour. This could be for classroom, range updates or a combination of the two.

· 20% discount per student space in any approved MREP approved curriculum.

· Up to $25 per hour to the Motorcycle Training School for the use of a MREP approved Coach/Instructor that is an employee of the approved MREP training school.

· Bidder must be responsible for travel costs associated with this contract.

1.4 Applicable Procurement Law

This Bid is issued under the following law(s): The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable).

1.5 Number of awards

It is anticipated that MassDOT may award to multiple vendors in order to receive the adequate service level required.

1.6 Adding Vendors after initial Contract award

If, over the life of the Contract, MassDOT determines that additional vendors should be added, these may first be drawn from qualified companies which responded to this bid but were not awarded contracts. If necessary to meet the needs of MassDOT, the bid may be reopened to obtain additional Vendors. The bid may be reopened twice a year, if necessary, at the discretion of MassDOT.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid is Outright Purchase.

1.8 Contract Duration

No agreements for services may be executed after the Contract has expired.

The Total Anticipated Duration (maximum duration) of any contract resulting from this Request for Response (RFR) will be up to five (5) years. The Initial Contract Duration shall be for a 3 year period from the Contract Effective Start Date plus (2) options to renew for one 1 year each at the same terms and conditions. Awarded prices shall be firm for the entire Initial Contract Duration of 3 years.

1.9 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $15,000 per year. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

2 Estimated Procurement Calendar

Deadline (DUE DATE) for emailing Bid Response Form and Bid Spreadsheet to:

tom.stein@state.ma.us 02/25/2016 3:00pm

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

MassDOT 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. MassDOT 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 Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

See Bid Response Form and Bid Spreadsheet and follow instructions. See additional instructions under section 8.

3.2 Additional Qualifications

· Bidder must meet and be in full compliance with all Federal, State and Local Laws

4 Other Terms

4.1 No Additional Charges

Additionally, there shall be no additional charges for set-up, cleaning, freight, shipping, quotes, travel, transportation, delivery, commuting, fuel, energy, insurance, meals, lodging and/or incidental fees. No surcharges will be allowed throughout the duration of the contract(s).

4.1.1 No Pre-Payments

Contractor must not request any form of pre-payments by MassDOT in form of partial payments. MassDOT will not pay Contractor until service is completed in a satisfactory manner and signed off by MassDOT.

4.1.2 No Minimum Charge

Contractors are paid only for hours worked on location. Labor charges begin at job location and end at job location. MassDOT will not pay for any additional labor charges away from job location.

4.2 Security and Confidentiality

Based on applicable security laws, regulations and policies, MassDOT reserves the right to require the Contractor to comply with a range of additional requirements or standard operation procedures. Contractors must comply with such security requirements at no charge to the Eligible Entity.

Contractors are required to adhere to security clearances. Background checks, Criminal Offense Record Information (CORI) may be requested at any time by MassDOT for individuals performing any work under this contract. Contractors are not allowed to charge MassDOT for any cost associated with security clearance or down time in processing security clearance.

The Contractor shall comply fully with all security procedures of MassDOT 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, or commercial proprietary information in the possession of MassDOT.

4.3 Safety Policies and Personal Protective Equipment

The Contractor must ensure that all parties involved under this contract observe the applicable safety policies and are trained on safe work practices, job hazards, and applicable MassDOT standard operating procedures. The Contractor is responsible for ensuring the safety of their staff by providing the necessary Personal Protective Equipment (PPE). Whenever required, Contractor staff must wear and have PPE in their possession.

4.4 Special Conditions

MassDOT Facilities are smoke-free facilities, and smoking is not permitted anywhere on the grounds. Contractors must ensure that any worker or technician assigned to work at these locations is fully educated as to that facility’s regulations and rules.

4.5 Failure to Perform Contractual Obligations

Problems with service quality, documentation, customer service and/or failure to adhere to any provisions of this RFR or MassDOT’s standard operating procedures will be addressed by giving the Contractor a specific period of time to correct the situation. If the situation has not been corrected in the allotted time period or if the problem reoccurs, the MassDOT may impose penalties including but not limited to the ones listed below:

· Suspending the Contractor until the problem is resolved.

· Terminating the contract.

4.6 Reporting

Vendors are responsible for compliance with all contract reporting as required by this contract.

4.7 Contract Management (Contractor’s interface with MassDOT’s Contract Manager)

All Bidders are required to have an established Account Manager for this contract to be listed as the contact for the Contractor. Bidders must identify this Account Manager in the Bid Spreadsheet. It is desirable that bidders have a 24/7 phone number.

The Account Manager will be responsible for operation and administration of the contract by the Contractor. The Account Manager must respond in a timely manner to all information requests from MassDOT.

The Account Manager will be responsible for reports required in the RFR and will serve as liaison between the Contractor and MassDOT. MassDOT may require the Contractor to remove the Account Manager from work on this contract, if in its opinion, it is apparent that the Account Manager does not deliver work that conforms to performance standards stated in this RFR or hinders effective use of the contract.

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to MassDOT. In some cases additional paperwork will be required to effect the change.

5 Audit:

During the term of this Agreement and for a period of six years thereafter, MassDOT, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has underpaid MassDOT, then the Contractor shall remit the underpayment and be responsible for payment of any costs associated with the audit.

6 Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with MassDOT to receive a Contract award. Selection of the Vendors for this contract will be based on the overall responsiveness of the bidder's response to this RFR. All mandatory requirements must be met.

6.1 Evaluation Components

The following components will be evaluated:

Bid Response Form Bid Spreadsheet

7 HOW TO SUBMIT A BID RESPONSE

The preparation of a Solicitation Response shall be at the expense of the prospective contractor. Prospective contractors are responsible to fully examine this document, addenda (if any), and referenced documents.

Email Bid Response (Section 8.1) to tom.stein@state.ma.us

7.1 Questions Regarding this RFR

Questions regarding this RFP will be handled via email. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

All questions and answers will be posted on Commbuys, by the PMT, and are final when posted. Any subsequent revisions to previously provided answers will be dated.

Section 1.2.1 Locating Bid Q&A Section in Commbuys

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. All questions (including technical, contract, or administrative questions) concerning this RFR shall be entered into the Commbuys Bid Q&A section described above. Due date for submission of questions is listed in Section 2 – Procurement Calendar. MassDOT reserves the right to respond to inquiries as it deems necessary. All questions, answers and any addendums shall be posted on Commbuys and individual(s) and/or firm(s) is responsible for checking this website periodically for any updates.

7.2 Bid Response Method

All Bidders MUST submit Responses via email to the PMT (tom.stein@state.ma.us).

7.3 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 and select the Commbuys Resource Center link offered within the Conduct a Procurement menu.

Email: Send inquiries to the Commbuys Helpdesk at COMMBUYS@state.ma.us.

Telephone: Call the Commbuys Helpline at 1-888-MA-STATE (1-888-627-8283). 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 and state holidays.

Bidders are advised that Commbuys will be unavailable during regularly scheduled maintenance hours as displayed under the “Commbuys System Availability” link offered at the bottom of any Commbuys page.

7.4 Bid Response Deadline

All Bids must be received by MassDOT before the specified date, month, year and time displayed on the Solicitation’s Summary page within the Close Date field. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. MassDOT is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission.

As you review the details of the bid in the RFR document, please take note of the assigned Bid Opening Date/Time (in the Procurement Calendar) and be mindful that buyers can only consider bid responses that are complete and have been submitted by the specified Bid Opening Date/Time.

The COMMBUYS system date and time is displayed in the top right corner of the COMMBUYS dashboard.

7.5 Prohibition regarding contract terms

Bidders must not, as part of their bid Responses, 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 MassDOT Terms and Conditions, the MassDOT Standard Contract Form, or other documents comprising this RFR. MassDOT does not want and will not read, consider or evaluate a line by line response to this RFR.

8 Instructions for Execution and Submission of Forms The purpose of this appendix is to provide guidance to Bidders on the MassDOT Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

8.1 To Be Submitted with Bid

Required forms (submit electronically via Commbuys):

RFR Submission Checklist

Business Reference Form

Bid Form (Quote – Bidder to supply document)

The following forms are only required upon award:

(these forms must be mailed with original “wet” signatures) MassDOT Terms & Conditions

MassDOT Standard Contract Form & Instructions (3 signed forms – page 1 only)

Request for Taxpayer ID # & Certificate (W-9) Form

Contractor Authorized Signatory Listing Form

Electronic Funds Transfer Form

Prompt Payment Discount Form

8.2 Bid Response Forms

8.2.1 RFR Submission Checklist / First Page of Vendor Response Form MassDOT seeks 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. By submitting the RFR Submission Checklist with a response, Bidders agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs, including the Specifications tab.

8.2.2 Scanned Copies of 2 References and reference information and/or requirements

The bidder must provide two (2) commercial or governmental client references. A reference letter should be submitted on client’s letterhead signed by client and submitted by the bidder. The reference letter shall include the name, address, telephone number, months and years of service and a brief narrative describing work for each customer indicated as a reference. References should include information on overall customer service. References must be for clients or customers to whom goods and services were provided within three (3) years prior to the RFR due date. References should include largest customers and largest state government customers if available. If a bidder has done business with the Commonwealth their past performance will also be considered in this section, whether offered as a reference or not. It is required that the client references demonstrate the bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. MassDOT reserves the right to contact references and confirm information provided and to investigate the bidder's ability to perform the services required in this RFR. If a bidder receives an unfavorable reference recommendation it may result in a bidder being disqualified from this RFR.

8.2.3 Prompt Payment Discount Form

Complete as directed below; include with online submission. Ink signature is not required. Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Statewide Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” If awarded a contract, the final negotiated Prompt Pay Discounts should be reflected on the MassDOT Standard Contract Form.

8.2.4 Small Business Purchasing Program

This is a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business who submits a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

8.3 Forms to be submitted only Upon Award:

Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink within the timeframe referenced in the RFR section entitled Ink Signatures:

8.3.1 MassDOT Standard Contract Form:

If notified of Contract award, complete as directed below and submit on paper with original ink signature and date. NOTE: Three (3) signed originals (page 1 only) are required.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation MassDOT. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by MassDOT and included as part of the Contract upon execution of this document by MassDOT.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Contractor on the Contractor Authorized Signatory Listing (See below).

8.3.2 MassDOT Terms and Conditions:

If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

This form must be unconditionally signed by one of the authorized signatories (see Contractor Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.

The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form).

8.3.3 Request for Taxpayer Identification Number and Certification (W9 Form):

If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

8.3.4 Contractor Authorized Signatory Listing:

If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Vendors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block on the bottom of the first page of this form will also serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Contractor…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the paragraph.

The signature and date should be handwritten in ink. Title, telephone, fax and eMail should be typed or handwritten legibly.

The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional. However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.

Please note that in two places where the form says “in the presence of a notary,” this should be interpreted to mean “in the presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary can authenticate the form; only one is required.

Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.

8.3.5 Electronic Funds Transfer Form (EFT):

If notified of Contract award, complete as directed.

9 Appendix 1 – Required Terms

9.1.1 Alterations

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, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

9.1.2 Ownership of Submitted Quotes

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

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. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

9.1.3 Prohibitions

Bidders are prohibited from communicating directly with any employee of MassDOT regarding this RFR except as specified in this RFR, and no other individual MassDOT 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 the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

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

9.2 Terms and Requirements Pertaining to Awarded Contracts

9.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

9.2.2 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 Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

MassDOT assumes no responsibility if a 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 Bidder and the SST to be lost or rejected by any means including email or spam filtering.

9.2.3 Publicity

Any 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, MassDOT employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

10 Appendix 2 - RFR - Required Specifications

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

Items with the text, "( Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

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

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

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

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

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

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

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

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

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

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

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

Bidder Communication: Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion: If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs: Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing: ( Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments: ( Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD: ( Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1.

The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information: It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT): All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Filing Requirements: ( Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

Minimum Quote (Bid Response) Duration: Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. 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 as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings 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 or attached to the PPD form.

Public Records: All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation: Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal: Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies: Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on � HYPERLINK "http://www.COMMBUYS.com" �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 � HYPERLINK "mailto:COMMBUYS@state.ma.us" �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.

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