AMENDED RFR HSP42 COVID-19 Pooled Testing Services_vfinal.pdf

Document Sensitivity Level: High during development; Low once published.

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: COVID-19 POOLED TESTING SERVICES

Agency Document Number: RFR HSP42

COMMBUYS Bid#: BD-21-1080-OSD03-SRC02-58650

February 18, 2021 Amended: March 3, 2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE COVID-19 POOLED TESTING SERVICES

Table of Contents Page i

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 LATE BIDS WILL NOT BE CONSIDERED

1.2.4 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 ESTIMATED NUMBER OF AWARDS

1.3.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.5 ACQUISITION METHOD(S):

1.3.6 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 BIDDER QUALIFICATIONS

2.1 COMPANY EXPERIENCE

2.2 FINANCIAL STABILITY

2.3 MINIMUM MANDATORY SERVICE REQUIREMENTS

2.4 ALTERNATIVES

3 COMMODITY, SERVICE, AND COST SPECIFICATIONS

3.1 SERVICE SPECIFICATIONS

3.1.1 COVID-19 TEST PROCESSING SERVICES

3.1.2 LOGISTICAL AND SUPPORT SERVICES:

3.1.3 TECHNOLOGY AND REPORTING SERVICES

3.2 ENVIRONMENTAL SPECIFICATIONS

3.2.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

3.2.2 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

3.3 RECEIVING ORDERS FOR POOLED TESTING SERVICES ............. ERROR! BOOKMARK NOT DEFINED.

3.4 COMPENSATION STRUCTURE/PRICING

3.4.1 COVID-19 TEST PROCESSING SERVICES

3.4.2 TRANSPORTATION OF SPECIMENS

3.4.3 LOGISTICAL AND SUPPORT SERVICES

3.4.4 PRICING STRUCTURE

3.4.5 PROMPT PAY DISCOUNT

4 SUPPLIER DIVERSITY PLAN (SDP)

5 EVALUATION CRITERIA

5.1 EVALUATION COMPONENTS

5.1.1 PRICE

5.1.2 SUPPLIER DIVERSITY PLAN

Table of Contents Page ii

5.2 BEST VALUE SELECTION AND NEGOTIATION

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

6.1 REQUISITE FORMS FOR SUBMISSION OF RESPONSE

6.2 ELECTRONIC SIGNATURES

6.3 LIMITS AND RESTRICTIONS

6.3.1 FILE FORMAT RESTRICTIONS

6.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

6.4.1 QUOTE CONTENT

6.4.2 NON-COLLUSION

6.4.3 MULTIPLE QUOTES

6.4.4 MINIMUM QUOTE DURATION

6.4.5 BIDDER’S CONTACT INFORMATION

6.4.6 OWNERSHIP OF SUBMITTED QUOTES

6.4.7 PROHIBITIONS

6.4.8 PUBLIC RECORDS LAW

6.4.9 REASONABLE ACCOMMODATION

7 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

7.1 INK SIGNATURES ON REQUIRED FORMS

7.2 USE OF COMMBUYS

7.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

7.3.1 SINGLE POINT OF CONTACT

7.3.2 REPLACEMENT OF CONTRACTOR STAFF

7.3.3 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

7.4 REPORTING REQUIREMENTS AND DUE DATES

7.4.1 REPORTING DUE DATES

7.4.2 SUPPLIER DIVERSITY PROGRAM EXPENDITURE REPORT

7.4.3 POOLED TESTING PROGRESS REPORTS

7.4.4 AUDIT

7.4.5 OTHER TERMS

7.5 PAYMENT RELATED TERMS

7.5.1 INVOICING

7.5.2 BILL PAYMENT

7.5.3 LATE PAYMENT FEES

7.5.4 ELECTRONIC FUNDS TRANSFER (EFT)

7.5.5 CREDITWORTHINESS

7.5.6 TAX EXEMPTION

8 RFR APPENDICES

8.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

8.1.1 APPLICABLE PROCUREMENT LAW

8.1.2 GENERAL PROCUREMENT INFORMATION

8.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

8.2 APPENDIX 2- INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

Table of Contents Page iii

8.3 APPENDIX 3: RFR – OTHER SPECIFICATIONS

8.3.1 PAYMENT DEDUCTIONS

8.3.2 AUTHORIZED PROCESSING LABORATORIES FOR POOLED TESTING

9 APPENDIX 4: GLOSSARY

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts, the Department of Elementary and Secondary Education (DESE) as designated through the Operational Services Division, and the Pooled Testing Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Pooled Testing Services -- testing services for COVID-19 conducted by combining, i.e., “pooling,” a set of individual specimens for testing and returning a single result. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Contract will also be available for use by other Eligible Entities.

Due to the COVID-19 pandemic and declared state of emergency by Governor Baker on March 10, 2020, the Commonwealth of Massachusetts has been working to expand access to COVID-19 testing resources for state agencies, school districts, and other entities across the Commonwealth to limit the spread of COVID-19. In continuation of these efforts, the Commonwealth is seeking to implement pooled testing to mitigate the spread of COVID-19. Pooled testing involves mixing numerous samples into a “batch” or “pool”, and then testing the sample with PCR tests to detect COVID-19.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure February 12, 2021

Bid Release Date February 18, 2021

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

February 23, 2021

Official answers for Bid Q&A published (Estimated)

February 25, 2021

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged attend training and/or review training materials

Training dates: see link below table

YouTube Video:

How to Find Bids (Solicitations) and Submit Quotes (Respond) https://www.youtube.com/watch?v=I G7XDNk4-U0

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.

February 26, 2021

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

March 4, 2021 March 9, 2021, 5:00

PM EST

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

March 11, 2021 March 16, 2021

Final Negotiation (Estimated) March 18, 2021 March 23, 2021 https://www.youtube.com/watch?v=IG7XDNk4-U0 https://www.youtube.com/watch?v=IG7XDNk4-U0

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 2

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

March 29, 2021 April 19, 2021

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

1.2.2 Bid Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline may be ineligible for consideration and deemed non-responsive by the SST. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.4 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

https://www.mass.gov/doc/vendor-training-schedule/download

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 3

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The initial term of this Contract is through August 31, 2021.

1.3.2 Estimated Value of the Contract

The estimated value of the emergency contracts signed to conduct pooled testing services at eligible districts and schools through March 28, 2021 (approximately six weeks) is $30,000,000. The anticipated value to provide pooled testing services under this contract is greater than this amount. The Commonwealth 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.

The goods/services being solicited in this Bid have not been on Statewide Contract in the past. However, the SST believes that there is a significant opportunity for business for interested Bidders.

1.3.3 Estimated Number of Awards

The SST seeks multiple firms to be responsible to perform under this Statewide Contract. The SST shall have full discretion to determine how many firms are appropriate to meet the needs of Eligible Entities.

1.3.4 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added in order to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

1.3.5 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other

1.3.6 Entities Eligible to Use the Resulting Contract

Any Contract(s) resulting from this Bid will be open for use by the following entities:

• Cities, towns, districts, counties and other political subdivisions;

• Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

• Independent public authorities, commissions and quasi-public agencies;

• Local public libraries, public school districts, education collaboratives, and charter schools;

• Public hospitals owned by the Commonwealth;

• Public institutions of higher education;

• Public purchasing cooperatives;

• Non-profit organizations that are doing business with the Commonwealth;

• Other states and territories with no prior approval by the State Purchasing Agent; and

• Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

https://www.mass.gov/files/documents/2016/10/xb/eligible.xlsx

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 4

2 BIDDER QUALIFICATIONS

Bidders shall demonstrate their qualifications within the RFR Response Template, posted as Attachment #1 to this RFR. The following is the minimum qualifications for this bid. Bidders who do not meet all mandatory requirements may be disqualified. The SST may determine if non-compliance with a mandatory requirement is insignificant, or can be corrected or clarified.

Bid terms that include language such as: “must”, “shall”, “will” and “required” are mandatory.

2.1 Company experience

(See Section 2 of the RFR Response Template)

Bidders must have been in the business of arranging for secure processing of collected specimens in a CLIA-certified Processing Laboratory that can detect SARS-CoV-2 virus, with a polymerase chain reaction (PCR) or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity for at least the three

(3) most recent consecutive months prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar). Prior experience providing Pooled Testing Services is preferred but not required.

2.2 Financial stability

(See Section 3-A of the RFR Response Template)

Bidders must be in sound financial condition, as determined by the SST. Bidders must provide either (a) a copy of the Respondent’s most recent audited financial statement; or (b) In the absence of such an audited statement, a letter from the President, Chief Financial Officer, or Principal certifying that the Respondent is in sound financial condition.

2.3 Minimum Mandatory Service Requirements

(See Section 4-A of the RFR Response Template)

Bidders must have the capability, at the time of bidding, to meet each of the following minimum mandatory service requirements:

a. Bidder shall arrange for regular delivery of all Pooled Testing Kits to Eligible Entities, as well as provide an option to Eligible Entities to receive a service, billed through the Contractor on a pass-through basis, for delivering collected specimens from the Eligible Entity to the Authorized Processing Laboratory via shipping or courier service.

b. Bidder shall provide to the Eligible Entity either (i) a pre-printed test tube, or (ii) a label printer, labels, and any other equipment necessary to label the Testing Kits that are filled onsite with specimens collected at an Eligible Entity.

c. Bidder shall process or arrange for secure processing of collected specimens in a CLIA-certified Authorized Processing Laboratory as defined in Section 9 utilizing tests that can detect SARS-CoV-2 virus, with a polymerase chain reaction (PCR) or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity. If the Vendor does not operate an Authorized Processing Laboratory, the Vendor must have an active agreement in place with an Authorized Processing Laboratory for such processing services.

d. Bidder shall provide specimen collection materials for Pooled Testing Kits that (i) are able to perform COVID-19 testing with anterior nasal swabs or saliva samples; (ii) are compatible with the laboratory tests run by the Authorized Processing Laboratory; (iii) shall be collected through both observed self-collection and administered specimen collection; and (iv) allow for at least 5 (five), but no greater than 25 (twenty-five) specimens per pool.

e. Bidder shall provide Follow Up Testing as specified in Section 3.1.1.f of this RFR

f. Bidder shall deliver Pooled Testing Results to Eligible Entity Staff within a Turnaround Time of no more than 48 hours.

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 5

g. Bidder shall conduct virtual or in-person training to support Eligible Entities with implementation and on-going operations of conducting pooled testing.

h. Bidder shall provide on-demand technical assistance support to Eligible Entities through a call-in support line.

i. Bidder shall, if needed, provide contracted staff to implement the pooled-testing operations (e.g., specimen collection, labeling samples) at Eligible Entities.

j. Bidder shall provide access to an online portal for the tracking and retrieval of pooled test results to all staff designated by the Eligible Entity.

k. Bidder shall stay up-to-date on all publicly posted COVID-19 testing and reporting requirements posted by the Massachusetts Department of Public Health.

2.4 Alternatives

(See Section 4-B of the RFR Response Template, if applicable)

If bidders do not meet a component of the minimum mandatory requirements as described in Section 2.3, Bidders may submit or propose alternatives which provide equivalent, better or more cost-effective performance. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The alternative proposed service should describe how the Contractor may achieve substantially equivalent or better performance than that of the Bid specifications. Bidders should include a description of the alternative proposed service in Section 4 of the RFR Response Template.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

3 COMMODITY, SERVICE, AND COST SPECIFICATIONS

3.1 Service Specifications

3.1.1 COVID-19 Test Processing Services

The Contractor shall:

a. Provide shipping logistics and arrange for regular delivery of all Pooled Testing Kits to the Eligible Entity or location specified by the Eligible Entity sufficient to test all participating individuals at the frequency specified by the Eligible Entity;

b. Provide the Eligible Entity an option to receive a service, billed through the Contractor to the Eligible Entity on a pass-through basis, for delivering collected specimens from the Eligible Entity to the Authorized Processing Laboratory via shipping or courier service. If specimen delivery is requested by the Eligible Entity, Contractor shall make best efforts to provide the delivery of the Testing Kits to the Authorized Processing Laboratory on the day of specimen collection, but in no event shall the delivery of the Testing Kits take place later than 24 hours after 4:00 p.m. on the day the Eligible Entity initiates transfer of specimens to the Authorized Processing Laboratory (provided that such Eligible Entity initiates such transfer and registers such specimens in the Online Portal prior to 4:00 p.m. of that day) via shipping or courier service. If delays in shipping or courier service arise, the Contractor shall notify the Eligible Entity Staff of the issue no more than 24 hours after the Contractor becomes aware of the delay;

c. Provide to the Eligible Entity either (i) a pre-printed test tube, or (ii) a label printer (if required), labels, and any other equipment necessary to label the Testing Kits that are filled onsite with specimens collected at an Eligible Entity;

d. Process or arrange for secure processing of collected specimens in a CLIA-certified Authorized Processing Laboratory. Authorized Processing Laboratories must obtain all necessary FDA-approval(s) (including via Emergency Use Authorization), if required by the FDA. The Authorized Processing Laboratory used for processing the Testing Kits must be able to detect SARS-CoV-2 virus, with a polymerase chain reaction (PCR) or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity (or alternative measure(s) of accuracy agreed to in writing by the Department of Public Health);

e. Provide specimen collection materials for Pooled Testing Kits that:

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 6

i. Are able to perform COVID-19 testing with anterior nasal swabs or saliva samples;

ii. Are compatible with the laboratory tests run by the Authorized Processing Laboratory as set forth in Section 3.1.1.d;

iii. May be collected through both observed self-collection and administered specimen collection; and

iv. Allow no greater than 25 (twenty-five) specimens per pool.

f. If directed by Eligible Entity and agreed to by the Contractor in writing, provide Follow Up Testing with individual diagnostic PCR tests or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity (or alternative measure(s) of accuracy agreed to in writing by the Department of Public Health) according to the following specifications:

i. Provide shipping logistics and arrange for delivery of individual diagnostic PCR tests or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity (or alternative measure(s) of accuracy agreed to in writing by the Department of Public Health) to be used for Follow Up Testing in the event of a positive pool;

ii. Ensure that all such individual PCR tests provided by the Contractor:

1. Are able to perform COVID-19 testing with anterior nasal swabs or saliva samples;

2. Are compatible with the laboratory tests run by the Authorized Processing Laboratory as set forth in Section 3.1.1.d.

3. May be collected through both observed self-collection and administered specimen collection;

4. Comply with all requirements set forth by the DPH regarding diagnostic testing, including a physician’s order;

5. Are shipped to the Eligible Entity or location specified by the Eligible Entity when the Contractor begins providing Pooled Testing Services to the Eligible Entity; and

6. Are shipped in standard sized batches, which will include a number of Testing Kits to be mutually determined by the Eligible Entity and Contractor in writing.

iii. Ensure that all Follow Up Testing Results are returned to the individual being tested, or their parent/guardian as appropriate, by the Authorized Processing Laboratory as outlined in Section 3.1.3.g within a Turnaround Time of no more than 48 hours.

iv. Coordinate with the Eligible Entity for any additional shipments of standard sized batches of such individual PCR tests to the Eligible Entity or location specified by the Eligible Entity, as may be required from time to time.

g. If directed by Eligible Entity and agreed to by the Contractor in writing, provide reporting of Follow Up Testing of antigen tests procured by Eligible Entity outside the scope of this Contract, to the DPH and to the individual being tested, or their parent/guardian as appropriate as specified in Section 3.1.3.g;

h. Deliver Pooled Testing Results to Eligible Entity Staff within a Turnaround Time of no more than 48 hours, as a condition of full payment. If available, Contractor shall work with Authorized Processing Laboratory and shall make best faith efforts to provide the Ct value of a positive pooled test upon request by an Eligible Entity. For the avoidance of doubt, Ct values will not be provided for individual Follow Up Tests; and

i. Track Turnaround Time for all Pooled Testing Services. If more than 35% of Pooled Testing Results in a week have a Turnaround Time more than 48 hours, payment deductions shall be applied as set forth in Section 8.3.1.

3.1.2 Logistical and Support Services:

The Contractor shall provide one of the following two levels of support to each Eligible Entity to which the Contractor is providing Pooled Testing Services. The Eligible Entity shall specify the level of support requested from the Contractor.

a. If directed by Eligible Entity to provide Level 1 Logistical and Support Services, the Contractor shall:

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 7

i. Conduct virtual or in-person “train-the-trainer” style training to support the Eligible Entity with implementation and on-going operations of conducting pooled testing. These training sessions may be a live or pre-recorded webinar. Trainings shall include, but are not limited to:

1. How to collect, store, and label specimens;

2. Protocols provided or approved in advance by the Department of Public Health (DPH) for entities to follow in the case of positive, negative, or inconclusive Pooled Testing Results;

3. Protocols for Follow Up Testing in the case of a positive pool. Such protocols shall be provided or alternatives approved by DPH in advance;

4. Use of the Online Portal to track Pooled Testing Results;

5. Steps to obtain consent and report Pooled Testing Results and, if applicable, Follow Up Testing Results; and

6. Any additional topics that may be specified by the Eligible Entity upon written notice to support the Eligible Entities’ successful use of the Pooled Testing Services, provided that any such additional topics will be implemented pursuant to a timeframe mutually agreed upon by the Contractor and the Eligible Entity.

ii. Provide on-demand technical assistance support to Eligible Entity Staff through online support and a call-in support line on topics that include, but are not limited to, delivery issues, specimen collection, labeling tubes, transporting samples, Pooled Testing Results, isolation and quarantine protocols as provided by the DPH and the relevant agencies, and training. Call-in support line shall be available at least 8:00 a.m. – 4:00 p.m. (Eastern time) Mondays through Fridays, excluding federal holidays. If the Contractor also offers monitored support via email, the Contractor shall provide the email address to each Eligible Entity Staff;

iii. Coordinate with Eligible Entity Staff on the provision of Pooled Testing Services, including coordination related to onboarding, training, and logistics, including the number of Pooled Testing Kits to be delivered, the addresses to which the Contractor will deliver Pooled Testing Kits, and the entities and/or individuals which will require access to the Online Portal.

b. If directed by Eligible Entity to provide Level 2 Logistical and Support Services and upon the Eligible Entity’s approval of Contractor’s cost proposal thereof:

i. The Contractor shall provide all the services specified in Level 1, as well as either (or both) of the following services, as specified in writing by the Eligible Entity:

1. A part time or full-time staff person to serve as a “Site Based Coordinator” at the Eligible Entity to run the implementation and on-the-ground operations associated with Pooled Testing Services. This may include but is not limited to logistics, consent and authorization processes, specimen collection protocols, labeling and tracking, reviewing and communicating Pooled Testing Results, and coordination of Follow Up Testing and training; or

2. A part time or full-time staff person to serve as a “Specimen Collector” to assist on-site at an Eligible Entity with administration of specimen collection among individuals that are unable to participate in observed self-collection of specimens for either pooled tests or Follow Up Testing. If a Specimen Collector will have direct and unmonitored contact with individuals, the Contractor shall ensure the Specimen Collector is appropriately authorized to work in the setting, and has requisite background, CORI, or other clearances required under Massachusetts law. Specimen Collector will not have such direct and unmonitored contact with individuals unless mutually agreed otherwise by Eligible Entity and Contractor.

ii. The Contractor shall coordinate with the Eligible Entity regarding the selection of onsite testing days that balance the demand for the aforementioned services with the Authorized Processing Laboratory capacity limitations and/or limitations in the availability of personnel to provide Level 2 Logistical and Support Services, thus potentially limiting the specific days of the week on which testing can be performed.

RFR HSP42 COMMBUYS BID NUMBER BD-21-1080-OSD03-SRC02-58650 Page 8

iii. The Contractor shall connect the Eligible Entity and the provider of the Level 2 Logistical and Support Services (if not the Contractor) to allow the Eligible Entity to directly coordinate the specific needs of the Eligible Entity, including schedules, pickup and drop-off times.

iv. Level 2 Logistical and Support Services shall be billed through Contractor to the Eligible Entity on a pass-through basis.

3.1.3 Technology and Reporting Services

The Contractor shall:

a. Provide user access in a timely manner to the Online Portal for the retrieval of Pooled Testing Results to all Eligible Entity Staff designated by the Eligible Entity;

b. Enable tracking of Pooled Testing Results at the pool level through the Online Portal;

c. Make best faith efforts to ensure the Online Portal is available, at a minimum, from 6 a.m. to 6 p.m. daily, no less than 99.5% of the time within Contractor’s reasonable control (e.g., excluding third-party equipment and networks, acts or omissions of third parties, network unavailability or downtime outside Contractor’s data center, and other delays or failures due to circumstances beyond Contractor’s reasonable control that could not be avoided by its exercise of due care);

d. Display any and all Pooled Testing Results to system users including Eligible Entity Staff promptly upon receipt from Authorized Processing Laboratory;

e. For Eligible Entities that do not share personally identifiable information (PII) about individuals with the Contractor and that retain responsibility for sharing Pooled Testing Results, the Online Portal shall report Pooled Testing Results to Eligible Entity Staff in a manner that effectively matches the necessary bar-coding with the Eligible Entity’s Pooled Testing Kit labeling conventions; for clarity, unless mutually agreed upon otherwise by the Contractor and the Eligible Entity, responsibility for sharing Pooled Testing Results with individuals affiliated with the Eligible Entity and tracking individual specimens in each Pooled Testing Kit shall remain the responsibility of the Eligible Entity;

f. If directed by Eligible Entity and agreed to by the Contractor, receive personally identifiable information (PII) of individuals from Eligible Entities for the purposes of tracking Pooled Testing Services as follows:

i. The Contractor shall only receive PII of individuals from Eligible Entities after all necessary consent and authorization for the individuals whose PII is entered into the Online Portal is obtained;

ii. The Contractor shall enable inclusion of PII pertaining to Pooled Testing Services in the Online Portal for the purpose of tracking consent or tracking the individuals in a particular pool in accordance with all applicable regulations. The Contractor shall limit the PII collected to only the information needed to properly provide and track Pooled Testing Services. If the Contractor is also providing Follow Up Testing pursuant to Section 3.1.1.f., the Contractor shall limit the PII collected to only the information needed to properly provide and track Pooled Testing Services and Follow Up Testing Services.

iii. If communicating about Pooled Testing Results with the individuals in that pool, as agreed to by the Eligible Entity, the Contractor shall limit its communication about Pooled Testing Results to the need for an individual Follow Up Test and must not explicitly communicate the Pooled Testing Result; and

g. If directed by Eligible Entity and agreed to by the Contractor pursuant to Section 3.1.1.f, provide for tracking of Follow Up Testing as follows:

i. Contractor’s Online Portal shall permit entry of individual-level PII (including demographics) through a secure Online Portal. Registration and intake information must be sufficient to meet reporting requirements established by DPH;

ii. If Follow Up Test is an antigen test, enable Eligible Entity-based users to input Follow Up Testing Results into the Online Portal;

iii. If Follow Up Test is an antigen test, report all information regarding Follow Up Testing Results to the DPH via a push from the Online Portal no less than once hourly (or as otherwise specified by the DPH) in a manner consistent with the most current version of the DPH Constrained Messaging

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Profile: HL7 v2.5.1 ORU^R01 guidelines, with reports to be transmitted in batches of no more than 1.5M (or as otherwise specified by the DPH), via a secure transport protocol and consistent with the most current version of “Sample HL7 v2.5.1 Message For COVID”;

iv. If Follow Up Test is a PCR test, take all necessary steps to ensure complete and prompt reporting of all Follow Up Testing Results to the DPH via the Authorized Processing Laboratory;

v. When notifying the person receiving the Follow Up Testing, or their parent/guardian as appropriate, regarding Follow Up Testing Results, provide such information regarding next steps as is determined necessary by the Eligible Entity; and

vi. Make best faith efforts to provide translation of any parent, guardian, or individual-facing elements of the platform into Spanish, Arabic, Vietnamese, Haitian Creole, Chinese, and Portuguese within seven (7) days of execution of the Contract.

3.2 Environmental Specifications

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

3.2.1 Environmental Benefit Claims/Labeling

Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides . Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

3.2.2 Bidder Current Environmental Practices Form

Bidders must complete this form, Attachment #2 to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers in order to receive additional points.

3.3 Receiving Quotes for Pooled Testing Services

a. All quotes for Pooled Testing Services from Eligible Entities shall be placed through the mechanism established by OSD on COMMBUYS, as described in Section 8.2.

b. The Contractor shall take action on all quotes from Eligible Entities within 24 hours and make all reasonable effort to resolve quote issues with the Eligible Entity.

c. The Contractor may respond to a quote with “No Bid” if the requested Pooled Testing Services exceed the Contractor’s capacity to fill the order, or the quote was submitted with insufficient or incorrect information.

If the Contractor responds with No Bid, the Contractor shall notify the Eligible Entity in writing within 24 hours of receiving the quote.

d. Quotes shall include the information to be specified by OSD and the Contractor through the Contract User Guide. This information may include the Service Name requested, the volume of Test Kits to be purchased, and the location(s) for delivery of those Test Kits.

e. Each Eligible Entity reserves the right to add any requirement to any quote for Pooled Testing Services that it determines is necessary to ensure compliance with all applicable statutes, orders, agreements, and regulations pertaining to the privacy or security of PII, including any applicable law. The Contractor acknowledges that this may include privacy and security obligations that are required as the result of an https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides

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Eligible Entity having entered into an agreement with a third party (such as the Department of Public Health, the Department of Revenue, or the Centers for Medicaid and Medicare Services). The Contractor’s failure to amend any quote in accordance with the foregoing shall be considered a breach material.

f. The Contractor shall coordinate with Eligible Entities, upon request, to provide one-time or recurring quotes of Pooled Testing Kits, subject to the process established for submitting quotes by OSD and the Contractor.

3.4 Compensation Structure/Pricing

Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on

COMMBUYS.

3.4.1 COVID-19 Test Processing Services

Eligible Entities that purchase Pooled Testing Services from the Contractor shall pay the Contractor as follows at the rates agreed upon by the Contractor and Eligible Entity.

• An initial one-time start up payment if the Eligible Entity was not previously served by the Contractor for pooled testing.

• A monthly administrative payment.

• A per-Pooled Testing Kit payment for every Pooled Testing Kit for which a result has been reported according to the terms of this Contract.

• A per-individual PCR Follow Up Test submitted, if any, for which a result has been reported according to the terms of this Contract.

• Per antigen Follow Up Test record, if any, sent by Contractor and successfully received by DPH according to the terms of this Contract

3.4.2 Transportation of specimens

In addition to the payments made pursuant to the specifications in Section 3.4.1, Eligible Entities that purchase Pooled Testing Services from the Contractor shall pay the Contractor for the actual costs the Contractor incurs for the transport of the Testing Kits to the Eligible Entities and from the Eligible Entities to the Authorized Processing Laboratories, if applicable. Any risk of loss or liability incurred by Contractor, during their performance of this contract, including delivery, shall be borne by the Contractor. If the Contractor is directed by the Eligible Entity to provide transportation services, the Contractor shall submit a cost proposal to the Eligible Entity for approval. The cost proposal shall include the estimated weekly shipping and/or courier service costs for the transportation of specimens.

3.4.3 Logistical and Support Services

If an Eligible Entity directs the Contractor to provide Level 2 Logistical and Support Services, the Contractor shall submit a cost proposal to the Eligible Entity for approval. The cost proposal shall include an hourly or per diem cost to provide supports required under Level 2 Logistical and Support Services requested by the Eligible Entity.

Once approved, Eligible Entities shall pay the Contractor in accordance with the cost proposal. Such payment shall be in addition to any payments made pursuant to Sections 3.4.1 and 3.4.2.

3.4.4 Pricing structure

Pricing should be submitted by the Bidder as described in the Cost Response Template, which is posted as Attachment #3 to this RFR. All prices must reflect price ceilings. Price ceilings must remain firm for the duration of the contract.

3.4.5 Prompt Pay Discount

All Bidders 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.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

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The requirement to offer a PPD 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 the Bidder’s Quote.

4 SUPPLIER DIVERSITY PLAN (SDP)

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

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. In planning their SDP commitment, Bidders certified by SDO must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies. Therefore, Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans submitted by bidders will be evaluated by the SST at 10% or more of the total available 100% evaluation points. Note: this does not mean that the bidder must commit 10% of sales. Questions concerning how the SDP works may be directed to the Supplier Diversity Office (SDO) or bidders may view a description of the SDP on the SDO webpage at www.mass.gov/sdo.

5 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.

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 contractor to make minor corrections to the submission.

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 the Commonwealth to receive a Contract award.

5.1 Evaluation Components

The following components will be some of the criteria considered by the team when evaluating each Quote:

• Completeness of requisite forms submitted in response hereto on COMMBUYS and per our instructions

• Qualifications and meeting mandatory minimum qualifications as demonstrated on the Response Templates

• Supplier Diversity Commitment (SDP)

5.1.1 Price

Please note that pricing submittals are mandatory. Pricing submitted represents price ceilings and must remain firm for the duration of the contract. Please note that bidders will want to be competitive with their pricing as it may be a significant factor for Eligible Entities when choosing whether or not to engage an awarded vendor.

Bidders will submit their response for price in the Cost Response Template attached to the bid in COMMBUYS.

5.1.2 Supplier Diversity Plan

Minimum of 10% weight of the total available 100% evaluation points.

https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp file:///C:/Users/wmcavoy/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/CVVND7WS/mass.gov/sdo http://www.mass.gov/sdo

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5.2 Best Value Selection and Negotiation

The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, that will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Section 8.2.

6.1 Requisite Forms for Submission of Response

Check if applicable (“X”)

Form/Document Notes/Instructions (If any)

Final RFR Response Template (Attachment #1)

Electronic Submission

Environmentally Preferable Products/Practices Form (Attachment #2)

Electronic Submission

Cost Response Template (Attachment #3) Electronic Submission

Prompt Payment Discount Form Electronic Submission

Supplier Diversity Plan Form 1 (SDP Plan Commitment) Form

Electronic Submission

6.2 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

6.3 Limits and Restrictions

6.3.1 File Format Restrictions

All scanned documents must be in .pdf or .gif format and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, except for the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

6.4 General Quote Requirements, Provisions, and Prohibitions

6.4.1 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.

6.4.2 Non-Collusion

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.

6.4.3 Multiple Quotes

Unless otherwise instructed by the RFR, Bidders may not submit Multiple Quotes in response to a Bid. 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.

6.4.4 Minimum Quote Duration

Bidders’ Quotes to this RFR must remain in effect for at least 90 days from the date of Quote submission.

RFR HSP42 COMMBUYS BID…