Assessment and Reformatting of Audio Visual Collection RFR.doc

The Commonwealth of Massachusetts

State Library of Massachusetts

24 Beacon Street, Room 341 Boston, MA

Request for Response (RFR) Document Title: Historical Collections Assessment and Digitization Pilot Project

ASK "RFR Number/Document Number" \* MERGEFORMAT Document Number:– RFR – SLD -2019 - 0401

Table of Contents

21.

RFR Introduction and General Description

32.

Procurement Goals

33.

PROCUREMENT DETAILS

54.

Bidder Qualifications/Specifications / Scope of services

65.

Other Terms

76.

Evaluation criteria

97.

How to Submit a Response

158.

Required Terms for all RFRs

219.

Glossary

Attachment A: Cost tables

ATTACHMENT B: FORM OF STATEMENT OF WORK

Simplified Response Guidance:

A response template is provided in Section 7. Using this template will help ensure that all necessary responses and forms are provided to the Commonwealth.

Bidder’s Response Checklist The following checklist is provided to Bidders to assist them in ensuring that their Response is Complete. All of these items are contained within the response template:

Procurement Calendar

Estimated Contract Start Date

March 18, 2019

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates on the Solicitation’s Summary tab or Forum pages, the dates on the Solicitation’s Summary tab or Forum pages on Commbuys shall prevail. Any changes in the Estimated Procurement Calendar made after the RFR has been published will not result in amendments to the Estimated Procurement Calendar. Such changes will appear only on the Solicitation’s Summary tab and/or related Forum pages on Commbuys. Bidders are responsible for checking the Solicitation’s Summary tab and related Forum pages on Commbuys for Procurement Calendar updates.

1. RFR Introduction and General Description

1.1 Background

Since 1826, the State Library of Massachusetts (the “State Library”) has served as a multifaceted resource for executive personnel, legislators, state employees, researchers and members of the public who want to learn more about local government as well as the state's extraordinary historical legacy. The State Library offers a wide range of resources, services, and programs that include access to legislative papers, general laws of Massachusetts, town atlases, maps, city directories, town reports from around the state, exhibits, and special events.

1.2 Procurement Scope and Description

The State Library has several thousand recordings in obsolete or analog formats cassette tapes, VHS tapes, CD’s, DVD’s that can only be viewed on-site. Many of these materials require reformatting to ensure that the data will not be lost. This project would start with survey of quantities and condition, followed by the reformatting.

2. Procurement Goals The State Library is the designated repository for Massachusetts state documents and has by far the most comprehensive collection of these documents anywhere. It also has extensive collections in the areas of Massachusetts history, public and current affairs, law, and state and federal government documents. Many users do not come into the physical library. Instead, they use the website and initiate requests via phone, mail, or email from throughout the state, country and even from around the globe. Many of these requests are of a historical nature and much of the historical collections exist only in printed form, and are unable to be accessed remotely. The library’s digital repository should provide ready, unfettered access to the library’s core collections.

3. PROCUREMENT DETAILS

The State Library is issuing this RFR in accordance with 801 CMR 21.00, which governs the procurement of services by state agencies and requires a competitive procurement process, including the issuance of a RFR, for acquisitions of all commodities and services.

Words used in this RFR shall have the meanings defined in 801 CMR 21.00. 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.

The State Library makes no guarantee that a Contract, or any obligation to purchase any commodities or services, will result from this RFR.

The State Library reserves the right to amend or cancel this RFR at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement web site, www.commbuys.com Bidders are cautioned to check this site regularly, as this will be the sole method used for notification of changes.

The State Library reserves the right to procure some, all, or none of the services identified within this RFR. All responses must be submitted in accordance with specifications in Section 7.

3.1 Acquisition Method(s) The acquisition method to acquire goods and/or services from this Solicitation is Fee for Service. The Bidder should identify a fixed price per page for scanning, and an hourly time and materials rate for services. This hourly rate should also apply to projects related to but not explicitly described in this RFR. A single contract is expected to be awarded to a single Contractor.

3.2 Anticipated Funding, Expenditures and Compensation Structure The State Library has obtained initial funding for the digitization project for the first fiscal year. Additional funding to fully support this project is pending review and may be dependent on subsequent Fiscal Year (FY) IT bond allocations, subject to appropriation and availability of funds. The State Library anticipates that funding will be available to continue the project beyond this fiscal year.

3.3 Vendor Communication Prospective bidders are prohibited from communicating with any Commonwealth employee regarding this RFR, except as specified in 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. No other individual Commonwealth employee or representative is authorized to provide any information or to respond to any question or inquiry concerning this RFR.

Each bidder must, in its response, certify, represent and warrant that it and its personnel who have at any time participated in or assisted with the development and submission of such response to the RFR, have not had, and will not, at any time prior to the execution of the contract, have, any direct or indirect communications (except for communications that conform to the protocols set forth in this RFR and OSD’s market research regarding eProcurement solutions occurring prior to RFR issuance), pertaining to the RFR with any Commonwealth personnel, including, but not limited to, (1) employees, interns, and volunteers; or (2) contractors or subcontractors. Each bidder shall promptly report any violations of this section of the RFR to the State Library.

3.4 Conflicts of Interest

Using the template provided in Section 7, each response shall include a statement indicating whether or not the bidder or any employee of the bidder has a possible conflict of interest in connection with this procurement and, if so, the nature of that conflict. The State Library reserves the right to disqualify the response or cancel the contract award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the bidder or contractor or an employee of the contractor. The State Library’s determination regarding any questions of conflict of interest shall be final.

Certain employees of the bidder may be deemed "special state employees" under MGL chapter 268A, the Commonwealth’s conflict of interest law. Former Commonwealth employees who are currently employed by the bidder or its contractors may be subject to chapter 268A. Bidders and contractors are advised to check Chapter 268A before approaching any current or former Commonwealth employee about possible employment or consulting work with the bidder or contractor.

Any questions about chapter 268A should be addressed to the State Ethics Commission at (617) 371-9500. The State Ethics Commission’s website may be accessed at www.mass.gov/ethics.

3.6 Anticipated Contract Duration The initial term of the Contract, which includes all Task Orders, is one year.

3.7 Estimated Value of the Contract Please refer to the “Estimated Value (US$)” and “Estimated Units” fields indicated on the Summary tab for this Solicitation on Commbuys. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation. Any estimates or past procurement volumes referenced in this Solicitation are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

3.8 Personal Interviews

Bidders who have passed the initial review process may be asked to participate in a personal interview. The personal interview will consist of, but will not be limited to, a discussion on the applicant’s experience and background and how this experience and background may benefit the State Library.

4. Bidder Qualifications/Specifications / Scope of services

4.1 Bidder Qualifications

The library will contract with a firm that specializes in the conservation and digitization of rare and historically significant artifacts.

4.2 Scope of Services

The firm will perform work outlined in section 1.2.

4.3 Task Orders The State Library will contract with an outside expert to review and assess the Library’s historical and rare materials.

4.4 Compensation Structure/Pricing

The Commonwealth seeks pricing as follows the work of this project.

4.5.1 Labor rates or project based compensation

Per Attachment A, a rate table is to be provided that the Commonwealth can exercise to procure additional services during the contract term.

4.5.2 Travel expenses and all other expenses

All prices or rates are to be inclusive of travel. Any other expenses for which the bidder anticipates being reimbursed by the Commonwealth shall be identified and estimated in the Cost Response.

4.5 Accessibility

The winning Bidder must comply with the Commonwealth’s established standards for accessibility. All documents must conform to the Enterprise Information Technology Policies, Standards and Guidelines and Web Accessibility Standards Version 2 promulgated by the Massachusetts Information Technology Division (ITD), and must interoperate with the environments listed on the Assistive Technology/Information Technology Environment List, as each exists at the time of this RFR’s publishing. All documents referred to in the preceding sentence are available at http://www.mass.gov/accessibility.

Any documentation delivered by the winning Bidder under this RFR shall be in electronic form. If such documentation specifies mouse commands it shall also include alternative keyboard commands wherever a mouse command is specified. Any documentation delivered under this RFR and wholly owned by the Library shall be in an agreed-upon editable format.

5. Other Terms

5.1 Reporting Contractors are responsible for compliance with any reporting requirements as required by this contract.

5.2 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 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 Commonwealth Agency.

5.3 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

The contact in the Issuer tab on Commbuys for this Contract is the Commonwealth Contract Manager.

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

5.4 Alternatives

Contractors may propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor’s original Response at any time during the life of the Contract.

5.5 Audit

During the term of the Contract entered under this RFR and for a period of six years thereafter, ANF and/or ITD, 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, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged ANF and/or ITD, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6. Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award. The Library will rate responses based on its review of the information presented in the Bidder’s response and knowledge of the Bidder gained through the evaluation process. Sources of information which may be used in the evaluation include the written proposal, the Bidder’s past performance as a Commonwealth contractor, references, and other information as determined relevant by the Library.

6.1 Initial Review: Rejection of Responses and other Remedies All RFR responses will be reviewed to ensure that the Bidders have followed the requirements of this RFR and meet the following minimum requirements. Where a respondent does not comply with the RFR or does not fully meet the minimum requirements, at the Library’s sole discretion, the Library may either disqualify, request cure, or allow the respondent to move on to the next evaluation phase depending on the severity of the deviation. Such allowances will be consistently applied to all respondents.

The Library reserves the right to reject a Bidder’s proposal at any time during the evaluation process if the Bidder’s response:

· Fails to demonstrate to the Library’s satisfaction that it meets all RFR requirements;

· Fails to satisfy all response submission instructions;

· Has any interest that may, in the Library’s sole determination, conflict with performance of services for the Commonwealth or is anti-competitive;

· Rejects or qualifies its agreement to any of the mandatory provisions of the RFR;

· Fails to reach an agreement with the Library on all Contract terms, including, but not limited to, payment provisions; or

· Attempts to modify or amend the terms and conditions contained within the Commonwealth Terms and Conditions and the Commonwealth Standard Contract Form.

The Library, in its sole discretion, may determine that non-compliance with any RFR requirement is insubstantial. In such cases, the Library may seek clarification, allow the Bidder to make minor corrections, apply appropriate penalties in the evaluation, or apply a combination of all three remedies.

6.1.1 Initial Review Criteria

· Response template (see Section 7.2) and associated RFR specified forms have been submitted and properly filled in.

· Respondent meets the Bidder qualifications listed in Section 4.3.1 above.

· Respondent has provided evidence of at least 3 years of experience.in handling and digitizing large volumes of documents, including fragile and historical documents.

6.2 Business and Technical Review

The Library will score the responses using the following criteria, in the following order of precedence:

· Assessment of the depth and quality of responses to the minimum requirements listed in Section 6.1.1;

· Likelihood that the proposal will successfully achieve its stated outcomes;

· Demonstrated track record with similar engagements;

· Expertise in handling and digitizing large volumes of documents, including fragile and historical documents;

· Expertise with online systems and electronic archiving;

· Expertise in preserving historical items;

· Quality of references; and

· Proposed approach and timeline.

6.3 Cost Review

Costing is to be provided as described in Section 7.2.3 and outlined in Attachment A. Costs will be evaluated as follows, in the following order of precedence:

i. Total cost of offer, including all Task Orders;

ii. Costs for each individual component; and

iii. Costs for additional related services on a rate card/Time and Materials basis.

6.4 Alternatives

A Response which fails to meet any material term or condition of the Solicitation, 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 Solicitation specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Response should describe how any alternative achieves substantially equivalent or better performance to that of the Solicitation specifications.

The PMT will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Solicitation is to provide the best value of commodities and/or services to achieve the goals of the procurement.

7. How to Submit a Response Instructions for Submitting Responses – Bidders should use the template attached in Section 7.2 for their response. Bidders must submit a complete emailed electronic response no later than March 14, 2019 at 5:00PM EDT. The emailed response must be separated into two emails, one providing the complete response without any costs and a second email with only the costs and related limitations per Attachment A. Each email is to be sent as follows:

eMail Recipients: christopher.dupuis@mass.gov eMail Subject: [Bidders Company Name] Response to RFR – SLD -2019 - 0401: [B&T]. The above subject is to be used for the business and technical portion (no costs included) eMail Subject: [Bidders Company Name] Response to RFR – SLD -2019 - 0401: [Cost]. The above subject is to be used for the cost portion only

The eMail submitted versions should be provided in a single PDF file for each email submission using the response template provided in Section 7.2.

In addition to the email submission, bidders have until October 11, 2016 at 5:00PM EDT to submit one (1) original hardcopy with original signatures (blue ink) as follows:

· Hardcopy response is to be sent in two separate sealed envelopes (both can be contained within one sealed package.

· One that is clearly marked with the RFR reference number RFR – SLD -2019 - 0401 –Business & Technical Response,

· The other that is clearly marked RFR – SLD -2019 - 0401Cost Response, to the following address:

State Library of Massachusetts 24 Beacon Street, Room 341 Boston, MA 02133

Attn: Christopher Dupuis

Program Coordinator Please submit electronically AND with an original signed hard copy.

LATE RESPONSES OF THE ELECTRONIC SUBMISSION WILL BE GROUNDS FOR DISQUALIFICATION FROM THIS PROCUREMENT.

7.1 Environmental Response Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the following guidelines:

· All copies should be printed double sided.

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

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

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

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

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

7.2 Response Content and Format

Proposal is required to use the response template. Double-click on the link below to access.

7.2.1 Cover Letter

A cover letter signed by an individual authorized to negotiate for and execute the Contract on behalf of the Bidder, and that includes all of the following information (which is deemed to be compliant if the Cover Letter format provided in the response template is used. Failure to submit a cover letter including all components may result in disqualification from consideration):

i. A statement that the submission is a response to this LIB-RFR SLD -2017 – 0401 and that the Bidder agrees to the terms of this RFR;

ii. The name and principal address of the Bidder organization;

iii. A description of the type of legal entity the Bidder is (e.g. corporation, not-for-profit corporation, limited partnership, trust);

iv. The name, address, e-mail, fax and telephone number of the Bidder’s contact person; and

v. A statement that the Bidder’s response is effective through the date that the Bidder executes a contract with the Commonwealth.

7.2.2 Programmatic Response: Business & Technical

The Programmatic Response should address the Bidder’s capability to perform the tasks listed above, including the Bidder’s approach, methods, and timeline.

Responses must include the following information and will be considered compliant if the response template provided in Section 7.2 is followed and filled in properly:

i. Experience and References. Describe Bidder’s overall business and experience with the services described by this RFR. Provide three examples of Bidder’s provision of such services in the last five years. Include the name of the entity for which such services were provided and the name and contact information (email and phone) for a customer representative that the PMT can contact. Use the Business Reference Form described in section 7.3.2.3 below (included in the response template).

ii. Organization and Finances. Describe Bidder’s organizational infrastructure and financial condition, including Bidder’s most recent annual and monthly financial statements (audited, if available).

iii. Staffing Table and Resumes Provide a staffing table stating the names and disciplines of all staff who will work on the engagement and copies of their resumes.

iv. Statement of Work

An updated draft version of the Statement of Work attached hereto as Attachment B, including tasks and timelines where applicable. The apparent successful Bidder will be given the opportunity to finalize the draft statement of work with the Library, at which time the parties will more clearly define the deliverables, milestones and reporting structure for this project. Each Task Order will be separately attached to the SOW. Except for descriptions of tasks and deliverables, the terms of the Statement of Work are largely standard and non-negotiable. NO COSTS SHOULD BE INCLUDED IN THE DRAFT SOW; BIDDERS WHOSE SOW INCLUDES REFERENCES TO COST MAY BE DISQUALIFIED.

7.2.3 Cost Proposal

Using the format provided in Attachment A, provide costs for each Task Order as described within this RFR. Cost proposal is to be submitted separately from any other portion of the response. Failure to do so may result in disqualification. No costs are to be contained in any portion of the responses other than the separately sealed and separately provided cost response.

Bidder must agree to hold time and materials rates bid by them for the term of this agreement. For renewal terms, Bidder must agree to increase such rates by no more than 2% annually.

7.2.4 Commonwealth Standard Forms.

The Commonwealth Standard Forms described in section 7.3 below.

7.3 Instructions for Execution and Submission of Commonwealth Standard Forms

The purpose of this Section is to provide guidance to Bidders on the Commonwealth Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. Each of these forms is found in the response template provided in Section 7.2. It is advisable to print this document first so that it may be referenced when filling out these forms.

7.3.1 Forms located on the Solicitation’s Forms & Terms tab

7.3.1.1 Commonwealth Standard Contract Form

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

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

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

7.3.1.2 Commonwealth Terms and Conditions

Complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If the Bidder has already executed and filed the Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR.

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

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

7.3.1.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

Complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If a Bidder has already submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included in place of an original. If the Bidder’s name, address or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

7.3.1.4 Contractor Authorized Signatory Listing

Complete as directed below and submit on paper with original ink signature and date.

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

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

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

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

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

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

7.3.2 Forms located on the Solicitation’s Specifications tab

7.3.2.1 Business Reference Form

Download this form and complete as directed below. Ink signature is not required.

Bidders must provide all requested information on this form for three (3) business references. In completing this form, note that the “Bidder” is the name of the company submitting a Response to this RFR and the “RFR Name/Title” and the “RFR Number” can be found on the cover of the RFR and on the Summary Tab on Commbuys in the Document Number field. Also, please note that: “Reference Name” is the name of the organization (if not applicable, then name of the individual) that is providing the reference; “Contact” is the name of the individual inside the organization that will provide the reference; and the “Address,” “Phone #” and “Fax/Internet Address” are those of the “Contact” so that the PMT may be able to reach them.

8. Required Terms for all RFRs

8.1 General Procurement Information 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 may also be identified in this RFR. 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.

8.1.1 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 is in the form of blueprints, plans, policies, procedures, schematic drawings, 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 that are interested in accessing this information for the purpose of preparing a bid Response 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.

8.1.2 Alterations

Bidders may not alter (manually or electronically) the Solicitation language or any Solicitation component files, except as directed in the RFR. Modifications to the body of the Solicitation, specifications, terms and conditions, or which change the intent of this Solicitation are prohibited and may disqualify a Response.

8.1.3 Ownership of Submitted Responses

The PMT shall be under no obligation to return any Responses or materials submitted by a Bidder in response to this RFR. 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 Response, whether or not the Response is selected for Contract award.

Responses stored on Commbuys in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via their Comm-PASS SmartBid Online Response Desktop, 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 back-up.

8.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the PMT 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 “Issuers” tab for this Solicitation 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.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Bid Response, the Bidder certifies that the Response 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.

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

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

8.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located on the Contract’s “Issuer(s)” tab in the “Contact Information” section.

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 communications between the Bidder and the PMT to be lost or rejected by any means including email or spam filtering.

8.2.3 Contractual Status of Orders and Service Contracts Orders or service contracts placed under the Contract established as a result of this RFR 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 RFR and any amendments, or the Bidder Response, may be included in an order or service contract if mutually agreed upon by the contractor and eligible entity.

8.2.4 Publicity

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

8.3 RFR – Required Specifications 8.3.1 Best Value Selection and Negotiation The Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT 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.

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

8.3.3 Commbuys Commbuys is the official system of record for all procurement information which is publicly accessible at no charge at https://www.commbuys.com/bso/ Information contained in this document and in each tab of the Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via Commbuys, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support Bidder submission of written questions associated with a Solicitation and publication of official answers. All records on Commbuys are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs. Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

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

· Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the Solicitation’s Summary tab, and

· Any Bidders’ Forum records related to this Solicitation (see Locating an Online Bidders’ Forum for information on locating these records.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Response based on an out-of-date Solicitation or on information received from a source other than Commbuys Commbuys SmartBid Subscription. Bidders may elect to obtain an optional free SmartBid subscription which provides value-added features, including automated email notification associated with postings and modifications to Commbuys records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within Commbuys for efficient record management

· A customizable profile reflecting the subscriber’s product/service areas of interest

· A customizable listing in the publicly accessible Business Directory, an online “yellow-pages” advertisement

· Full-cycle, automated email alert whenever any record of interest is posted or updated

· Access to Online Response Submission, when allowed by the Issuer, to support:

· paperless bid drafting and submission to an encrypted lock-box prior to close date

· electronic signature of OSD forms and terms; agreement to defer wet-ink signature until Contract award, if any

· withdrawal of submitted bids prior to close date

· online storage of submitted bids

Every public purchasing entity within the borders of Massachusetts may post records on Commbuys at no charge. Commbuys has the potential to become the sole site for all public entities in Massachusetts.

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

8.3.5 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.

8.3.6 Debriefing Non-successful bidders may request a debriefing from the department.

8.3.7 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

8.3.8 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. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

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

8.3.9 Minimum Bid Duration Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

8.3.10 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

8.3.11 Pricing: Price Limitation

The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

8.3.12 Omitted 8.3.13 Public Records All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

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

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

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

8.4 Order of Precedence The contract resulting from this RFR shall consist of the following documents in the following order of precedence: (1) the Commonwealth’s Terms and Conditions; (2) the Commonwealth’s Standard Form Contract; (3) this RFR, including all attachments; (4) the Statement of Work or Master Services Agreement entered into pursuant to this RFR; and (5) Bidder’s response to this RFR.

9. Glossary In addition to the definitions found in 801 CMR 21.00, which apply to all procurements for goods and services, the definitions found below apply to this Solicitation. Those definitions below designated with an asterisk (“*”) are quoted directly from 801 CMR 21.00 and are included below for quick reference purposes.

Agency - For the purposes of this Solicitation, the terms “Agency,” “Eligible Entity,” “Department,” “Commonwealth Agency,” and “Contracting Department” include all Eligible Entities listed in the Issuer tab on Commbuys for this Solicitation.

Bid or Response - generally refers to the offer submitted in response to a Solicitation or Request for Response (RFR).

Bidder - An individual or organization proposing to enter into a Contract to provide a Commodity or Service, or both, to or for a Department or the State.

Commonwealth…