Bottle Soda and Services RFR_.pdf

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

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)

Document Title: Bottled Soda and Related Services

COMMBUYS Bid#: BD-10-1025-DOCFS-FISCM-29130

Agency Document Number: RFR # 19-9043-SODAANDSERVICES

Issue Date: July 6, 2018

TABLE OF CONTENTS

1.0 RFR Introduction and General Description

1.1 Procurement Scope and Description

1.2 Applicable Procurement Law

1.3 Number of Awards

1.4 Adding Contractors after Initial Contract Award

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Performance and Payment Time Frames Which Continue Beyond

Duration of Contract

1.8 Contract Duration

2.0 Estimated Procurement Calendar

2.1 Point of Contact

2.2 Questions and Answers Regarding the RFR

2.3 Amendment Deadline

3.0 Specifications

3.1 Fiscal Terms/Pricing

4.0 Other Terms

4.1 Department of Correction (DOC) Terms

4.2 Contractors Terms and Conditions

4.3 Reporting

4.4 Contract Management

4.5 Change Notification

4.6 Invoices and Payment

4.7 Performance Measures

4.8 Contract Amendments

4.9 Contract Renewal

4.10 Contract Termination for Convenience

4.11 Contract Termination for Cause

4.12 Insurance

5.0 Evaluation Criteria

5.1 Supplier Diversity Plan

5.2 Best and Final Offer

6.0 How to Submit a Proposal and Quote

6.1 Instructions for Submitting a Paper Proposal

6.2 Environmental Quote Submission Compliance

7.0 Appendix 1 – Required Terms for all RFR’s

7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing Environmental Purchasing

Policy

7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions

7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 Contractors Contact Information

7.2.2 Publicity

8.0 Appendix 2 – RFR Required Specifications for

Commodities and Services

9.0 Appendix 3 – Other Required Department of Correction

Specifications

10.0 Appendix 4 – Instructions for Execution and Submission

Of Commonwealth Standard Forms

11.0 Appendix 5 – Glossary and Definitions

Response Sheet 1

Response Sheet 2

1.0 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the “Department”/DOC) is seeking responses for the purchase of 20 oz. soda bottles and servicing of related machines.

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and

Services)

1.3 Number of Awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies defined as eligible entities, can select.

1.4 Adding Contractors after initial Contract award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously.

The Department will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation.

1.5 Eligible Entities

This RFR is a Non-Statewide/Limited User Contract. Any contract resulting from this

Bid will be open for use to the Issuing Entity (DOC) only and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS).

Each of these Commonwealth Agencies will be responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this contract.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are:

Outright Purchase

1.7 Performance and Payment Time Frames Which Continue Beyond

Duration of the Contract

All term or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements for services may be executed after the contract has expired.

1.8 Contract Duration

The expected duration of this contract is as follows:

Contract

Duration

Number of Options

Number of

Years/Months

Initial

Up to 2 years

Renewal

Options

3 options to renew, up to 2 years each option

Total

Maximum

Contract

8 years

2.0 ESTIMATED PROCUREMENT CALENDAR

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the

Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the

Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the

Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the

Commonwealth assume no responsibility if a prospective Bidder’s/awarded

Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

EVENT DATE

Bid / RFR Release Date July 6, 2018

Written Questions Opened Upon release of RFR

Deadline for Submission of Bidder Written Questions

July 20, 2018

Official Answers for Bid Q&A published (Estimated)

July 27, 2018

Bid Amendment Deadline / Bid documents will not be amended after this date.

August 9, 2018

Deadline for Quotes/Bid Responses

(“Bid Opening Date/Time” in

COMMBUYS)

August 10, 2018, 2:00 PM EST.

Evaluation of Initial Bid Responses (Estimated)

August 2018

Notification of Apparent Successful Bidder(s) (Estimated)

August 2018

Negotiations (Estimated) August 2018

Estimated Contract Start Date September 1, 2018

2.1 Point of Contact

All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The Prime point of contact for this solicitation will be:

SST Leader Name: Michelle Barry

SST Leader Title: Program Coordinator III

Email address: Michelle.Barry@massmail.state.ma.us

2.2 Questions and Answers Regarding the RFR

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by the Bidder by pressing the “Bid Q&A” tab for the RFR in COMMBUYS. Responses to requests for clarification or questions will be provided in writing and issued by the

Strategic Sourcing Team Leader via COMMBUYS. In addition, the Department of

Correction reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable including information about the bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this bid. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication.

It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

3.0 SPECIFICATIONS

The Massachusetts Department of Correction (the “Department” / “DOC”) is seeking responses for the purchase of 20 ounce Soda Bottles and Servicing of related machines. The awarded vendor(s) shall provide servicing of machines including replacement parts and/or full replacement of malfunctioning or faulty equipment.

The soda purchased must be manufactured in 20 oz. bottles. Brands included are as follows but are not limited to: Coca-Cola: Coca-Cola Classic, Diet Coke, Diet Coke with Lime, Vanilla Coke, Coke Zero, Cherry Coke, Cherry Coke Zero, Fresca, Fanta, Dr. Pepper, Diet Dr. Pepper, Fuze Iced Tea, Fuze Diet Iced Tea, Sprite, Sprite Zero, Canada Dry Ginger Ale, Minute Maid Lemonade.

Pepsi Cola: Pepsi Cola, Diet Pepsi, Mug Root Beer, Mug Cream Soda, Mountain Dew, Diet Mountain Dew, Orange Crush, Iced Tea/Diet Iced Tea, Schweppes Ginger Ale, Propel Flavored Water (Grape, Berry, Watermelon), Gatorade (Variety).

Fountain Soda Machines run on CO2 tanks, which will be purchased from the awarded vendor(s). The Department of Correction will receive a refund on the deposit for the return of the empty CO2 canisters. In the event that the Department of Correction is not satisfied with the performance of a machine, the awarded vendor(s) shall provide full replacement of the machine if provided reasonable justification. Full replacement will be contingent upon the Department of Correction continuing to purchase and use the vendor’s products.

3.1 Fiscal Terms/Pricing

The acquisition method(s) to acquire goods and/or services from this Solicitation are

Outright Purchase and Fee for Service. Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

Bidders responding to this RFR must complete and return: Response Sheet #1 –

Price/Cost Sheet and Response Sheet #2. In addition to Response Sheet #1, bidders are permitted to submit their own pricing documentation.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option. The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

4.0 OTHER TERMS

4.1 Department of Correction (DOC) 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.

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 lock-ups, private facilities and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of inmates 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 to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public

Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination

Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the

Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the

Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexual Harassment /Abuse

Response and Prevention Policy (SHARPP).

The Contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and

Jails Standards issued by the Department of Justice, including:

Prevention Planning:

(1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of inmates.

The Contractor is responsible for ensuring that it is in full compliance with the PREA

Law and all standards, and must achieve a 100% passing score on all PREA audits initiated by the Department, ACA, and/or any other entity.

Before hiring or promoting employees who may have contact with inmates, the

Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

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 of 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.

4.2 Contractors 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.

4.3 Reporting

Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.4 Contract Management

The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract manager if the bidder is having trouble obtaining any required attachments electronically through

Commbuys. 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 Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

Contract Manager:

Michelle Barry

Email: Michelle.Barry@massmail.state.ma.us

4.5 Change Notification

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 Department’s Contract Manager. In some cases additional paperwork will be required to effect the change.

mailto:Michelle.Barry@massmail.state.ma.us

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and

Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.6 Invoices and Payment

Itemized invoices shall be sent to the proper office 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:

o Name and address of Contractor o Telephone number, fax number, and e-mail contact address o Date of invoice and date of delivery o Name of Department contact person o Prompt payment discount terms o 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.

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

Policy.

Prompt Pay Discounts

Contractors are required to offer prompt pay discounts terms to the Department.

Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

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.

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.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR.

The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the

Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.7 Performance Measures

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract.

Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

4.8 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.

4.9 Contract Renewal

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.

4.10 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 demobilization and Contract closeout costs, and profit on 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.

4.11 Contract Termination for Cause

4.11.1 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. Either party may terminate this Contract and the rights granted herein if the other party breaches any of the material provisions of this

Contract and (i) fails to remedy such breach within thirty (30) days after receiving written notice thereof, or (ii) fails to (A) commence a good faith action to remedy such breach within ten (10) days after receiving written notice thereof, and (B) diligently pursue such an action to conclusion; or (iii) the other party commits any material breach of this contract which is not capable of being remedied;

4.11.2 Termination of this Contract for any reason shall not release either party from any accrued liability to the other party. A party’s right to terminate this Contract as provided herein shall be without prejudice to any other rights provided to it by law or in equity.

4.12 Insurance

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.

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 Certificates of Insurance from their insurance company to include Bodily

Injury and Property Damage Insurance as identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the

Department of Correction with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/29-31.htm 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.

Certificates of Insurance

Provide copies with response.

Bodily Injury Property Damage

Each Person $100,000 Each Accident $100,000

Each Accident $300,000 Aggregate $300,000

5.0 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders proceed to subsequent stages of the evaluation and/or enter into negotiations with the department to receive a Contract award.

The Department is looking for the “best value” response which provides the greatest quantify of services at the highest quality.

Below are the criteria and maximum points available:

Criteria: Maximum Points Available

Pricing 40

Prompt Pay Discount 20

Required Documentation/Specifications 20

Business Reference 20

Subtotal: 100

Supplier Diversity Plan: (minimum of 10% weight) 10

Total: 100

Added Value: (Up to 5 possible points each added value)

Added Value is determined solely by the Strategic Sourcing Team (SST). Added

Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points on a case by case basis.

5.1 Supplier Diversity Plan (Minimum of 10% Weight)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan.

Requirements for the Supplier Diversity Plan are included in Section 8 and Section

10. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.2 Best and Final Offer

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer opportunity to all or a select number of bidders.

Bidders may be asked to submit additional information specific to program specifications and cost.

6.0 HOW TO SUBMIT A PROPOSAL AND QUOTE

Bid Response Method

Online Bid Submission via COMMBUYS is required. All bids will require the submission of electronic quotes. Responses must be sent via the “Create Quote” functionality in

COMMBUYS.

Instructions for Vendors Responding to Bids in COMMBUYS:

Bidders will be required to respond electronically in COMMBUYS.

Introduction

COMMBUYS refers to all solicitations, including but not limited to Requests for

Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for

Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote.

Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and

Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid http://www.commbuys.com/

7. A new page opens with a message requesting you acknowledge receipt of the bid.

Click yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

8. The lower half of the page provides information about the specific goods/services the bid is requesting.

9. Click Create Quote to begin.

10. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. If “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding. Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote

Number.

11. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

12. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

13. The item opens. Input all of your quote information and click Save & Exit.

14. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

15. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid.

For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

16. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

17. A popup window displays asking for verification that you wish to submit your quote.

Click OK to submit the quote.

18. The Summary tab redisplays with an updated Status for the quote of Submitted.

19. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at

COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in

COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

Note to Bidders:

A) Bidders must enter a unit cost or check no charge if no specific dollar amount is required for the quote. Bidders submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DOC. “No Charge” mailto:COMMBUYS@state.ma.us must be checked or a dollar amount entered in the Unit Cost Field. The

“No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

B) To protect security-sensitive and personally identifiable information, bidders must designate specific attachments as “confidential” prior to submitting their quotes.

COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource

Center link offered under Key Resources.

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

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283).

The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

6.1 Instructions for Submitting a Paper Proposal

Bidders must also submit their response in a sealed envelope that is clearly marked with the RFR reference number “RFR # 19-9043-SODAANDSERVICES by Bid

Opening Date/Time, to the following address: Commonwealth of Massachusetts, Massachusetts Department of Correction - Headquarters

50 Maple Street, Suite 3

Milford, MA 01757

Attention: Michelle Barry

E-Mail: Michelle.Barry@massmail.state.ma.us

Quotes must be submitted in a sealed envelope and include one (1) original signed copy and one (1) duplicate copy.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

Any submission which fails to meet the submission requirements of the RFR may be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected.

In these cases, the evaluation team may allow the bidder to make minor corrections to the submission.

http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us

Bid Opening Date/Time (aka Deadline for Proposals)

Responses are due no later than August 10, 2018 by 2:00 PM EST to the address listed above.

Bidders must be aware that the Department of Correction Headquarters, located in

Milford MA, is a secure building. Bidders will be required to produce and surrender photo identification to security personnel at the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notification must be made in advance with the SST leader if you are considering hand delivery as packages are not allowed to be left at the main desk.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the

Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

LATE QUOTES WILL NOT BE CONSIDERED.

6.2 Environmental Quote Submission Compliance

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes 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 Quote.

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

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

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

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

7.0 APPENDIX 1 – REQUIRED TERMS FOR ALL RFR’s

7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing

Policy

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive

Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be 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

7.1.2 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.

7.1.3 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 lock-box are the file of record.

Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.1.4 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 http://www.mass.gov/epp person using the contact information provided in the Header Information this

Bid in the event t0000hat this RFR is incomplete or information is missing.

Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the 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.

7.2 Terms and Requirements Pertaining to Awarding Contracts

7.2.1 Contractors Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the

Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

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 SST to be lost or rejected by any means including email or spam filtering.

7.2.2 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.

8.0 APPENDIX 2 – RFR – REQUIRED SPECIFICATIONS FOR COMMODITIES AND

SERVICES

Revision Date: June 6, 2016

In general, most of the required contractual stipulations are referenced in the

Standard Contract Form and Instructions and the Commonwealth Terms and

Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in

OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S.

currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this

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

Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via

COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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

Any amendments, addenda or modifications to this Bid, and

Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to

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

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

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

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

Resource Center.

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/quick-click-resource-center.html http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/quick-click-resource-center.html

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

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

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises

(MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit

Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled

Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business

Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business

Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified

M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier

Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP

Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan

Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met.

Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements

(those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The

Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the

Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory…