THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY &

SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

Request for Response (RFR)

Appendix A

State & Departmental

Required Specifications

RFR - Required Specifications for Commodities and Services

Last Updated:

2025-01-16

TABLE OF CONTENT

1. COMMBUYS Market Center

2. COMMBUYS Registration

3. Multiple Quotes

4. Quote Content

5. Supplier Diversity Office (SDO) Programs

6. Small Business Purchasing Program (SBPP) (For Contracts Equal To Or Under $250,000.00 Annually)

7. Environmental Specifications

8. Best Value Selection and Negotiation

9. Bidder Communication

10. Contract Expansion or Reduction

11. Contract Amendments

12. Contract Termination for Convenience

13. Contractor Termination for Cause

14. Insurance

15. Workers Compensation Insurance

16. Comprehensive General Liability Insurance

17. Comprehensive Business Motor Vehicle Liability Insurance

18. Force Majeure

19. Third Party Beneficiaries

20. Ownership of Submitted Quotes

21. Prohibitions

22. Certifications

23. Alterations

24. Access to Security Sensitive Information

25. Audit

26. Costs

27. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

28. Electronic Funds Transfer (EFT)

29. PRISON RAPE ELIMINATION ACT (PREA)

30. Security and Confidentiality

31. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies

32. Department of Correction Terms

33. Contractor Terms and conditions

34. Minimum Quote (Bid Response) Duration

35. Invoices and Payment

36. Delivery and Shipping

37. Tax Exempt

38. Prevailing Wage

39. Prompt Payment Discounts (PPD)

40. Justified Credits

41. Public Records

42. Filing Requirements (For POS Procurements Only)

43. HIPAA: Business Associate Contractual Obligations

44. Workplace Violence Prevention and Crisis Response Plan

45. Motor and Heavy Vehicle Usage in Contract Performance

46. Commonwealth Tax Exemption

47. Contractor’s Contact Information & Change Notification

48. Contractual Status of Orders and Services Contracts (for Procurement Open to Other Entities)

49. Publicity

50. No Rights in Third Parties

51. Security Clearance

52. Alternatives

53. Emergency Standby Commodities and/or Services

54. Brand Name or Equal

55. Introduction of Electronic Equipment into DOC Facilities

56. Application of Department Rules (for POS Procurements Only)

57. Department of Criminal Justice Information Services (DCJIS) Nondisclosure Agreement

58. Media Releases

59. Independent Status

60. Cooperation Upon Termination

61. Failure to Perform Contractual Obligations

62. Cooperation in Litigation

63. Indemnification

64. Licensure and Credentialing (For POS Procurments Only)

65. Oreintation Class (For POS Procurements Only)

66. Department Identification Cards (For POS Procurements Only)

67. Program Director (For POS Procurements Only)

68. Medical Documentation (For POS Procurements Only)

69. Compensation and Benefits of Personnel (For POS Procurements Only)

70. Department Access To Personnel Records (For POS Procurements Only)

71. Prison Records (For POS Procurements Only)

72. Workers’ Compensation (For POS Procurements Only)

73. Staffing Meeetings (For POS Procurements Only)

74. RFR Textual Interpretation

75. Estimated Provisions

76. Publications

77. Hiring and Firing Subcontractor Termination

78. Reasonable Accommodation

79. Restriction on the Use of the Commonwealth Seal

80. Reporting

81. Subcontracting Policies

82. Acceptable Forms of Signature

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all

Commonwealth departmental competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR.

Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS MARKET CENTER

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

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

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

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

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

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a

Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2. COMMBUYS REGISTRATION

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in

COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United

Nations Standard Products and Services Code (UNSPSC).

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

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

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

3. MULTIPLE QUOTES

Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a

Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

4. QUOTE CONTENT

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

5. SUPPLIER DIVERSITY OFFICE (SDO) PROGRAMS

Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this

RFR.

6. SMALL BUSINESS PURCHASING PROGRAM (SBPP) (For Contracts Equal To Or Under $250,000.00 Annually) Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team

(SST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

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

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

2. Been in business for at least one year;

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

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

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney

General’s Office and be up to date with all filings required by that office and be tax exempt under Section

501(c) of the Internal Revenue Code.

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

Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the

SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/ http://www.mass.gov/sbpp http://www.mass.gov/sbpp mailto:sbpp@mass.gov

7. ENVIRONMENTAL SPECIFICATIONS

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

Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement

Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

8. BEST VALUE SELECTION AND NEGOTIATION

The Strategic Sourcing Services Team or SSST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SSST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

9. BIDDER COMMUNICATION

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

10. CONTRACT EXPANSION OR REDUCTION

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. Any new or additional items relevant to the specifications or required by expansion or addition of any facilities implemented after the date of this Contract shall be provided by mutual written agreement of the parties and appropriate monetary, staffing, and other adjustments in this Contract shall be made. Any reduction resulting from the consolidation or closing of any facilities implemented after the commencement date of this Contract shall be by mutual written agreement of the parties, with attendant decrease of monetary payments and staffing, and other adjustments.

11. CONTRACT AMENDMENTS

The Department reserves the right to amend this Contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the Contract duration if they are consistent with the specifications of this RFR. The

Department reserves the right to negotiate and execute Contract amendments with the Contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued Contract. Negotiation would be with the successful

Contractor(s) of this RFR. Amendments may include, but are not limited to, Contract dollars, Contract performance, increased or decreased obligations, scope of work, quantity, etc. Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the Contract.

Price changes may be requested at that time if supporting documentation of any increases is provided.

Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the

Contractor’s ability to perform Contractual obligations.

12. CONTRACT TERMINATION FOR CONVENIENCE

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of Correction may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of Correction to Contractor have not already done

so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of Correction to Contractor, the Department of Correction shall have no further obligation to Contractor. The Department of Correction shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work

13. CONTRACTOR TERMINATION FOR CAUSE

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a

Contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the Contract.

14. INSURANCE

The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred during performance.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a Department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a Department may not insure property it does not own. Eligible entities may incorporate additional insurance requirements in their Statement of Work for services under this Contract.

The Bidder(s) awarded Contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the Contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s

Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor

Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for Contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

15. WORKERS COMPENSATION INSURANCE

When signing the Commonwealth Standard Contract Form, provided upon award of a Contract, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s

Compensation Insurance as required by M.G.L. Chapter 152.

16. COMPREHENSIVE GENERAL LIABILITY INSURANCE

The Contractor and all subcontractors, at their own expense, must maintain during the life of the Contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion):

Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and

Contractual liability. This insurance shall not contain care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per occurrence and one million ($1,000,000) aggregate.

17. COMPREHENSIVE BUSINESS MOTOR VEHICLE LIABILITY INSURANCE

The Contractor and all subcontractors, at their own expense, must maintain during the life of the Contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the

United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

18. FORCE MAJEURE

The Contractor shall not be entitled to invoke the doctrine of force majeure to excuse performance of Services in the event of any strike or job action brought by the personnel against the Contractor or any subcontractor.

Further, in the event of other causes for failure or delay in rendering services, or in the event of riots, lockdowns, disturbances, utility failures or any other emergency or cause beyond the reasonable control of the Contractor, the Contractor shall make all reasonable efforts to continue providing services to the best extent possible under the circumstances. If any reduction of services are unavoidable, the parties shall meet as soon as practicable to prioritize the services to be provided.

19. THIRD PARTY BENEFICIARIES

Nothing contained in this Contract is intended or shall be construed to evidence an intention to confer any rights or remedies upon any person other than the Department, the Contractor, and their respective agents and representatives.

20. OWNERSHIP OF SUBMITTED QUOTES

The SST 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 the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth 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 lockbox 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.

21. PROHIBITIONS

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 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).

22. CERTIFICATIONS

In addition to the certifications found in the Commonwealth’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.

23. 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.

24. ACCESS TO SECURITY SENSITIVE INFORMATION

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information may be in the form of blueprints, plans, policies, procedures, schematic drawings, etc., which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology, or other infrastructure located within the Commonwealth. Qualified prospective Bidders interested in accessing this information for the purpose of preparing a Bid must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

• Restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

• Safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

• Return such records and materials to the Commonwealth upon completion of the project.

25. AUDIT

During the term of this Agreement and for a period of six years thereafter, the DOC, its auditors, the

Operational Services Division, 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, to audit all records relating to goods sold or services performed pursuant to this

Agreement. If such an audit indicates that Contractor has materially overcharged the DOC, then the

Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

26. 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.

27. 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 SSST, including requests for clarification. The SSST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SSST to be lost or rejected by any means including email or spam filtering.

28. ELECTRONIC FUNDS TRANSFER (EFT)

All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer

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

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval, and forwarding to the Office of the Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds

Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

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

29. PRISON RAPE ELIMINATION ACT (PREA)

The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state, and local prisons, jails, police lockups, private facilities, and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of incarcerated individuals in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexual

Harassment/ Abuse Response and Prevention Policy (SHARPP), and to report any sexually abusive behavior https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc to the Department immediately. Incarcerated individual employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall cooperate with the Department’s implementation of Public Law 108-79, the Prison Rape

Elimination Act (PREA), the United States Department of Justice PREA Prisons and Jails Standards, 28 CFR Part

115, and Department policy 103 DOC 519, Sexual Harassment/Abuse Response and Prevention Policy

(SHARPP), to the extent applicable to contractors, vendors, and other persons having access to Department facilities or contact with incarcerated individuals.

Contractor personnel shall comply with all Department PREA/SHARPP requirements applicable to their duties and facility access, complete all Department-required PREA/SHARPP training prior to receiving applicable facility access, and immediately report suspected sexual abuse, sexual harassment, retaliation, or other conduct required to be reported under Department policy.

Where Contractor personnel may have contact with incarcerated individuals, the Contractor shall comply with applicable PREA hiring, screening, training, reporting, and conduct requirements and any additional

Department procedures communicated to the Contractor.

30. SECURITY AND CONFIDENTIALITY

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth

Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction. For purposes of the Integrated Security System procurement, security-sensitive information includes, without limitation, ISS network diagrams and topology, IP addressing, credentials, system configurations, PLC programming, source or application code, CCTV locations and configurations, video-system information, door-control logic, intercom configurations, alarm and duress-system configurations, perimeter-security information, system vulnerabilities, security-system architecture, facility security plans, and similar information concerning the operation or security of

Department facilities.

31. EXECUTIVE ORDER 509, ESTABLISHING NUTRITION STANDARDS FOR FOOD PURCHASED AND SERVED BY

STATE AGENCIES

Food purchased and served by state agencies must follow Executive Order 509, issued in January 2009. Under this Executive Order, all Contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public

Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for

Implementation of Executive Order 509.

32. DEPARTMENT OF CORRECTION TERMS

Because this Contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the

Department, to perform the scheduled service. In no case shall the Department be charged for any additional expenses pertaining to these and similar situations.

33. CONTRACTOR TERMS AND CONDITIONS

The Department is not obligated and should not complete, sign or execute any Contractor or vendor

Contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract

Form and the Commonwealth Terms and Conditions supersede any Contractor or vendor Contracts, invoices or other terms and conditions. If, by chance, any said Contractor or vendor Contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

34. 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.

35. INVOICES AND PAYMENT

Itemized invoices shall be sent to MilfordAP@doc.state.ma.us by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

• Name and address of Contractor

• Telephone number, fax number, and e-mail contact address

• Date of invoice and date of delivery

• Name of Department contact person

• Prompt payment discount terms

• Valid Department of Correction purchase order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation, and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed, and detailed receipt of deliverables, which includes the Department employee signature, may be attached to the invoice.

The Department has fifteen days upon receipt of an invoice to notify a vendor of invoice rejections for identified discrepancies. Once notified and a new invoice is issued, a new invoice date shall be issued.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

36. DELIVERY AND SHIPPING

All pricing is to include delivery & shipping to the ordering facility. Any request for extra delivery costs must be pre-approved by authorized DOC personnel. The Department will not be responsible for any additional charges including but not limited to; shipping, freight, delivery, handling, fuel or any other like charges to be paid by the users of this Contract, without prior written authorization by authorized DOC personnel. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with the Department and the Commonwealth Terms & Conditions.

Any special packaging requirements will be outlined within the specifications. If any other shipping method is to be used, it must be preapproved in writing from the Contract monitor prior to shipping.

37. TAX EXEMPT

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the tax-exempt form from the Department.

38. PREVAILING WAGE

The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the

Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United

States Department of Labor as applicable, and when required. Contractors are agreeing to these terms by submitting a Response to this RFR.

39. PROMPT PAYMENT DISCOUNTS (PPD).

All bidders responding to this procurement must agree to offer discounts through participation in the

Commonwealth’s Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder provides 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 (EFT) 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 may be tracked and verified through the Comptroller’s Vendor Web system. The

PPD form may 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 SSST. The SSST 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 SSST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

40. JUSTIFIED CREDITS

Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

41. 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, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

42. FILING REQUIREMENTS (FOR POS PROCUREMENTS ONLY)

Successful bidders must have electronically uploaded their Uniform Financial Statements and Independent

Auditor's Report (UFR), as required for current contractors, with the Operational Services Division to the UFR eFiling application for the most recently completed fiscal year before a contract may be executed and services begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) also may 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 or the appropriate secretariat. However, unless authorized by OSD or the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

43. HIPAA: BUSINESS ASSOCIATE CONTRACTUAL OBLIGATIONS

Bidders are notified that any Department meeting the definition of a Covered Entity under the Health

Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting Contract sufficient language establishing the successful Bidder’s Contractual obligations, if any, that the Department will require in order for the Department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the

Department determines that the successful Bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the

Department will include in the RFR and resulting Contract a sufficient description of business associate’s

Contractual obligations regarding the privacy and security of the protected health information, as listed in 45

CFR 164.314 and 164.504 (e), including, but not limited to, the Bidder's obligation to: implement http://www.commbuys.com/ administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the

Department. Further, the Department reserves the right to add any requirement during the course of the

Contract that it determines it must include in the Contract in order for the Department to comply with the

Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

44. WORKPLACE VIOLENCE PREVENTION AND CRISIS RESPONSE PLAN

101 CMR 19.00, Workplace Violence Prevention and Crisis Response Plan, governs the procedures and criteria for workplace violence prevention and response plans for programs that provide direct services to clients that are operated, licensed, certified, or funded by a department, commission, office, board, division, institution, or other entity within the Executive Office of Health and Human Services under M.G.L. c. 6A § 16. Any direct service program that contracts with the Executive Office of Health and Human Services (EOHHS) or the constituent agencies of EOHHS must comply with 101 CMR 19.00, including having a plan that meets the criteria set forth in 101 CMR 19.04, which is updated annually, available electronically, and provided to any human service worker upon request. The regulations and response plan guidelines are available at the following web site: https://www.mass.gov/regulations/101-CMR-1900-workplace-violence-prevention-and-crisis-response-plan-0.

45. MOTOR AND HEAVY VEHICLE USAGE IN CONTRACT PERFORMANCE

Bidders and awarded Contractors are required to comply with M.G.L. c. 90, § 7: Requirements regarding mandatory safety equipment for motor vehicles and 540 CMR 4.10-4.13 Truck safety device requirements, including Side Guards, Convex Mirrors, Crossover Mirrors, and Back-Up Cameras for heavy vehicles meeting regulatory thresholds for all vehicles used during performance of contract related obligations.

46. COMMONWEALTH TAX EXEMPTION

Invoices or invoices submitted to Massachusetts government entities must not include sales tax. Vendors should provide a tax-exempt form to businesses when purchases are made on behalf of a Massachusetts government entity. This form can be provided by the Contract manager.

47. CONTRACTOR’S CONTACT INFORMATION & CHANGE NOTIFICATION

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information (Contact information, Company Name, Legal Address, Payment address, Tax Identification Number, Authorized

Signatories, SDO-Certification Status, or EFT 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. in some cases, additional paperwork will be required to effect the change. Any change of address, including remit address, requires immediate written notification and submission of a new W-9. If written notification is not received changes cannot be made; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

The Commonwealth 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 communication between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

48. CONTRACTUAL STATUS OF ORDERS AND SERVICES CONTRACTS (FOR PROCUREMENT OPEN TO OTHER

ENTITIES)

Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Contractor and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service

Contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the

Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service Contract if mutually agreed upon by the Contractor and eligible entity.

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

50. NO RIGHTS IN THIRD PARTIES

This Contract and all rights hereunder are intended for the sole benefit of the Contractor and the Department.

This Contract shall not imply or create any rights on the part of, or obligations to, any other person.

51. SECURITY CLEARANCE

All Contractor personnel, at the discretion of the Department, must receive security and background clearance by the Department prior to provision of services. Background checks will be completed for individuals performing any work under this Contract. Upon request by the DOC, the Contractor will provide the DOC with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility. The Department will not unreasonably withhold or delay such clearance.

The “Background Information Request and Waiver” Form is required for all drivers/deliveries. This form must be completed and emailed to the designated personnel five (5) Business Days in advance of proposed delivery. All deliveries must be confirmed by phone 24 hours prior to delivery by contacting the designated personal or authorized Department contact. It is also highly advisable to send delivery confirmation to

Massachusetts Department of Correction via email.

52. ALTERNATIVES

A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications.