BSB1302-FE1 Antique Reproduction Furniture RFR.pdf

RFR BSB1302-FE1 Page 1 of 27

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE

DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE

1 ASHBURTON PLACE, 15TH

FLOOR

BOSTON, MA 02108

Request for Response (RFR)

State House Executive Office and West Wing Renovation Project - Antique Reproduction Furniture RFR

Document Number: BSB1302-FE1

April 11, 2014

Please Note: This is a single document associated with a complete Solicitation that can be found on CommBuys. All Bidders are responsible for reviewing and adhering to all information, forms and requirements found in all tabs and related records for the entire Solicitation. To locate the Solicitation associated with this document, go to www.commbuys.com, select the “Contract and Bid Search” link, enter the above Document Number in the “Bid Number” field, and select the “Find It” button. Bidders who need help regarding CommBuys navigation may contact the CommBuys Help Desk at CommBuys@state.ma.us.

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RFR Introduction and General Description

Section 1 – Procurement Scope and General Description………………………………………4

1.1 Procurement Scope and Description…………………………………………………………...….4

1.2 Background Information……………………………………………………………………..………4

1.3 Number of Awards……………………………………………………………………………………4

1.4 Adding Contractors after initial Contract award…………………………………………………...4

1.5 Acquisition Method…………………………………………………………………………………...4

1.6 Contract Duration…………………………………………………………………………………….4

Section 2 – Estimated Procurement Calendar……………………………………………………..5

Section 3 – Specifications……………………………………………………………………………..6

3.1 Bidder Qualifications…………………………………………………………………………………6

3.1.1 Firm Backgrounds…………………………………………………………………………6

3.1.2 Company Experience…………………………………..…………………………………6

3.1.3 Reference information and/or requirements……………………………………………6

3.1.4 Employee Requirements……………………………………………………..…………..7

3.2 Commodity Specifications…………………………………………………………………………..7

3.2.1 See attached specification sheets in Attachment 1 “Furniture Specifications”……..7

3.2.2 Brand name or equal…………………………………..………………………………….7

3.2.3 Warranties and Maintenance Information………….………..………….………………7

3.2.4 New in Box………………………………………………………………………………

3.2.5 Design Requirements………………………………………………………….………….7

3.3 Service Specifications……………………………………………………………………………….7

3.3.1 Pre-installation………………………………………………………………………..……7

3.3.2 Delivery/Installation……………………………………………………………………..8

3.3.3 Post-installation…………………………………………………………..………………..9

3.4 Environmental Specifications……………………………………………………………………….9

3.4.1 Executive Order 515………………………………………………………………………9

Section 4 – Other……………………..…………………………………………………………………9

4.1 Submission of Written Questions…………………………………………………………………..9

4.2 Compensation Structure/Pricing…………………………………….…………………………….10

4.3 Travel and other expenses…………………………………….……………………….………….10

4.4 Evidence of Relationship with Manufacturers…………………………………………..……….10

4.5 Reporting…………………………………………………………………………………………….10

4.6 Security and confidentiality……………………………………………………………..………….10

4.7 Contract Management……………………………………………………………………………...11

4.8 Alternatives……………………………………………………………………………………...…..11

4.9 Failure to perform contractual obligations…………………………………………………..……11

Section 5 – Evaluation Criteria………………………………………………………………………11

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5.1 Mandatory Requirements…………………………………………………………………….……11

5.2 Desirable Specifications……………………………………………………………………………11

5.3 Alternatives………………………………………………………………………………………….11

5.4 Evaluation Components……………………………………………………………………………12

Section 6 – Submitting a Bid Response……………………………………………………..…….12

6.1 Response Submission Requirements…………………………………………………………….12

6.2 How to Submit a Paper Bid Response………………………………………………..………….12

6.3 Environmental Response Submission Compliance……………………………………..………13

Section 7 – Required Terms for all RFR’s…………………………………………………………13

7.1 General Procurement Information……………………………………………………………...…13

7.1.1 Access to security-sensitive information………………………………………………13

7.1.2 Alterations…………………………………………………………………………….…..14

7.1.3 Ownership of Submitted Responses………………………………………………

7.1.4 Prohibitions……………………………………………………………………...………..14

7.2 Terms and Requirements Pertaining to Awarded Contracts…………………………………..15

7.2.1 Commonwealth Tax Exemption………………………………………………………..15

7.2.2 Contractor’s Contact Information………………………………………………..……..15

7.2.3 Publicity…………………………………………………………………………………...15

Appendix 1 – Required Terms for all RFR’s………………………………………………………15

Appendix 2 – Forms for Submission……………………………………………………………….21

Exhibit A - Response Cover Sheet……………………………………………………………...…….21 Exhibit B – Company Experience……………………………………………………………………..23 Exhibit C – Reference Information and/or Requirements…………………………………………..24 Exhibit D – Warranties and Maintenance Information………………………………………………25 Exhibit E – Cost Proposal Sheet………………………………………………………………………26 Exhibit F – Required Standard Commonwealth Forms………………….………………………….27

Attachment 1 – Furniture Specifications

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Section 1 – Procurement Scope and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance (“DCAMM”) is soliciting Bidders for the acquisition of approximately 60 pieces of Antique Reproduction Furniture & Accessories for the State House Executive Office and West Wing Renovation Project. A number of these pieces are being procured for the Governor’s Office and the Governor’s Council Chambers and must be appropriate for the historical significance of these spaces. These pieces include, but are not limited to: conference seating, sofas, desks, tables, lampshades and credenzas. The installation for this project is expected to take place in early July 2014, with completion by July 15, 2014. All Bidders must comply with DCAMM’s specified time frame.

The resulting Contract will only be available for use by the Division of Capital Asset Management and Maintenance.

1.2 Background information

The State House Executive Office and West Wing Renovation Project is for the historic restoration and renovation of portions of the Massachusetts State House. Totaling approximately 19,000 GSF, the area of work is stacked vertically on three floors of the historic Bullfinch section of the State House, which includes the Governor’s Office and Governor’s Council Chambers, as well as a portion of the West Wing. The renovation work includes new electrical, HVAC, plumbing, fire suppressions systems, accessibility and security improvements and the restoration of the historic finishes, including new plaster walls, ceilings, flooring and carpet. Once the areas are restored they will be furnished with historically appropriate pieces.

1.3 Number of awards

DCAMM anticipates selecting 1 Bidder to award for this procurement. DCAMM reserves the right to award additional Bidders if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Contract award

If, over the life of the Contract, the DCAMM determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional bids.

1.5 Acquisition Method(s)

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

1.6 Contract Duration

Furniture and accessories procured through this RFR must be obtained and delivered by the dates set forth below in section 3.3.2. This contract has no options to renew.

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Section 2 - Estimated Procurement Calendar

EVENT DATE

Solicitation: Announcement of Intent to Procure

3/31/2014

Solicitation: Release Date 4/11/2014

Deadline for submission of written questions

4/17/2014 at 12:00 PM

Official answers published (Estimated) 4/23/2014 at 12:00 PM

Solicitation: Close Date / Submission Deadline

4/29/2014 at 2:00 PM

Solicitation: Announcement of awarded Bidder(s) on CommBuys

5/5/2014

Contract: Estimated Contract Start Date 5/5/2014

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates in the Solicitation’s Summary, the dates on CommBuys shall prevail. Any changes in the Estimated Procurement Calendar which are 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 posting on CommBuys. Bidders are responsible for checking CommBuys for Procurement Calendar updates.

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Section 3 – Specifications

Additional required terms and all commodity specifications appear in the appendices and attachments to this RFR

3.1 Bidder Qualifications

3.1.1 Firm Background

Bidders must have extensive knowledge and demonstrated experience in selling high quality specialty furniture and accessories.

Bidders must have the ability to buy and deliver the specified furniture and accessories in the time frame established in this RFR.

Bidders must provide a written submission evidencing their skill, ability and performance of similar prior contracts.

3.1.2 Company Experience – See Exhibit B “Company Experience”

Bidders are to state the number of years their company has been in business and the number of years that the company has been in the business of performing the type of services required in this document.

Bidders are to provide a description of the firm, including its size, number of employees, business hours and office location(s). A brief history of the firm emphasising its services relating to this RFR should be included.

Bidders are to provide a description of the firm’s experience buying/selling high quality specialty furniture.

Bidder is to identify a Project Manager and delivery team from their company that will be responsible for the acquisition and delivery of the procured pieces.

Bidders are to provide a statement of the company’s equal opportunity and personnel management philosophy and a description of the steps the company would take to ensure that only the most qualified individuals are employed to provide services for

DCAMM.

3.1.3 Reference information and/or requirements – See Exhibit C “Reference Information”

Bidders are to provide a list of at least three (3) current clients within the public or private sector for which they have provided services within the last 2 years that are similar to those sought in this RFR. Provide the full business name and address of these (3) clients, as well as the name, phone number and e-mail of a contact person at each office.

Also provide the scope and dollar value of the similar services provided to these clients.

DCAMM reserves the right to contact and visit any of the clients listed in this section.

Bidders are to provide the identification and contact information for three (3) of their largest customers in Massachusetts, if applicable.

Bidders are to provide the identification and contact information for three (3) of their largest governmental customers, if applicable.

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3.1.4 Employee Requirements

Background/CORI checks may be required after bidder is awarded for individuals who will be performing on-site installation during the project, or as otherwise required by the

DCAMM.

3.2 Commodity Specifications

3.2.1 See attached specification sheets in Attachment 1 “BSB1302-FE1 Furniture Specifications”

3.2.2 Brand name or equal

Unless otherwise specified in this Solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Solicitation to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

3.2.3 Warranties and Maintenance Information - See Exhibit D “Warranties and Maintenance Information”

All furniture must have at least a 1 year warranty against defects in construction and workmanship. Please provide manufaturer’s warranty information for all items included in your response.

Bidder must provide manufacturer’s suggested cleaning and maintenance specifications to DCAMM for all proposed items.

3.2.4 New in Box

All items bid in your response must be new in box and never used, shipped or sold before. No open box, remanufactured or refurbished equipment or supplies shall be bid or delivered unless otherwise disclosed ahead of time and agreed to by DCAMM.

3.2.5 Design Requirements

Bidders must provide manufacturer prepared shop drawings to be approved by DCAMM before order/purchase on any items identified in the attached specifications.

For items in the attached specifications where fabrics, stains and finishes are marked “TBD”, DCAMM will provide selections once a bidder is awarded. Bidders must then provide finish samples including wood stains and fabric swatches for DCAMM’s approval.

3.3 Service Specifications

3.3.1 Pre-Installation and Insurance

Upon Award of the Contract, the winning Bidder must complete a pre-installation walk through with DCAMM to review the layout of the building and prepare for any possible obstacles during delivery. The successful bidder will be required to provide a Certificate of Insurance evidencing that it has comprehensive liability insurance, vehicle liability insurance, workers compensation and other insurance as may be required in place at the time the contract is awarded.

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3.3.2 Delivery and Installation

Delivery must be F.O.B Destination prepaid freight with no delivery expenses paid by DCAMM.

F.O.B. destination shall mean delivery of product “Inside and On-Floor and Ready to Use” at no additional cost to DCAMM.

All furniture and accessories must be manufactured, shipped and ready for delivery and installation by July 7, 2014. All deliveries and installation must be complete by July 15, 2014. DCAMM will not be responsible for storage costs incurred by the bidder unless there is an extensive change (more than 60 days) in the delivery schedule due to construction delays. In that case, the vendor will need to get approval from DCAMM prior to submitting any additional charges. Bidders must comply with the DCAMM’s specified time frame.

Bidders will have use of a loading dock and freight elevator.

The maximum truck height for the loading dock is 12’ tall. Tractor trailers will not be permitted to make deliveries.

The Awarded Contractor must be responsible for the delivery of products in first class condition at the point of delivery, and in accordance with good commercial practice. Shipping cases and packing slips must show the name of the supplier, name and address of receiving customer, and purchase order number.

The Awarded Contractor must obtain a signature on the packing slip from the authorized DCAMM personnel upon delivery.

The Awarded Contractor must adhere to established security and/or property entrance policies and procedures established for all facilities. It is the Contractors responsibility to adhere to those policies and procedures prior to any attempt to enter the premises. The Awarded Contractor must be prepared to supply a list of driver's names and any other background information necessary to DCAMM for security clearance.

Damaged shipments will not be accepted. In the event that a shipment is accepted and subsequently found to be incomplete, incorrect, or damaged, the shipment must either be replaced, at no cost to DCAMM, or returned at the expense of the Awarded Contractor, for a refund or credit of the purchase price with no restocking fees.

The Awarded Contractor, if necessary, is responsible for securing “street permits and/or other permits and notifying DCAMM of the applicable cost for the “street permits and/or other permits within the quote provided for the commodity or service.

Access to a location will be determined by a call at a minimum one week before delivery by the Awarded Contractor to coordinate the delivery date and time.

It is the Awarded Contractors responsibility, prior to delivery, to survey and review the particular location to ensure the existing proposed location will meet the manufacturer’s established installation criteria. If the proposed installation location does not meet the established criteria, the Awarded Contractor and the ordering entity will attempt to make adjustments in order to meet the criteria. In the event that a site cannot be modified to meet the criteria, the Awarded Contractor must not provide the installation, disassembly, or re-installation service and DCAMM must cancel the order with no further obligation. Awarded Contractors not familiar with any location are strongly advised to personally view those locations prior to delivery. A lack of familiarity with a location will in no way relieve an Awarded Contractor from its responsibility to fulfill its contractual obligations.

A final sign-off will be given by DCAMM acknowledging acceptance of a successful installation. A successful installation, disassembly, and/or reassembly is one where the product is fully capable of functioning to its fullest capacity and according to its design and is unencumbered by flaws resulting from poor installation.

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3.3.3 Post Installation

All shipping and packaging materials must be promptly removed from the building site upon delivery or completion of the project and legally disposed of (or preferably recycled) by the Awarded Contractor at no additional cost to DCAMM.

3.4 Environmental Specifications

It is the intent of the Commonwealth of Massachusetts to promote the purchase of environmentally preferable products and the implementation of sustainable practices among state agencies and political subdivisions as well as the vendor community that services these entities wherever possible.

The purpose of the effort is to create economic development opportunities by strengthening market demand for the materials collected through recycling programs, reduce the amount of waste slated for disposal, support the use of renewable resources and encourage environmental stewardship in the manufacturing and design of office furnishings.

3.4.1 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.

The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

Section 4 – Other

4.1 Submission of Written Questions

Any questions pertaining to this RFR should be submitted by e-mail to:

Jane Wang Jane.Wang@stata.ma.us and Jackie Rabidou Jackie.Rabidou@state.ma.us or mail/hand deliver to:

Division of Capital Asset Management 1 Ashburton Place, Room 1411 Boston, MA 02108 Attn: Jane Wang, Director, Interior Planning and Design Management

The deadline for submission of written questions is Thursday 4/17/2014 at 12:00 PM and all questions must be received at DCAMM’s office by that date and time. All bidders must include the RFR Document Number BSB1302-FE1 in the subject line of their e-mails or on the cover sheet of their mailed in questions.

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Answers will be issued to all firms who identify themselves to DCAMM as interested in submitting a proposal and posted on the CommBuys website by Wednesday 4/23/2014 at 12:00 PM.

4.2 Compensation Structure/Pricing – See Exhibit E “Cost Proposal Sheet”

All bidders must provide the following information on their cost sheets:

Vendor Name and Address Vendor Contact Name, Phone Number and E-mail Proposal Date Prompt Pay Discount % Manufacturer Series Model # Specifications Quantity Unit Cost Extended Unit Cost Total Proposal Cost Please note any items that are made by a Massachusetts manufacturer on the cost sheet, as these are preferred

DCAMM will not be subject to any vendor/manufacturer price increases that occur during the duration of the contract. DCAMM will not pay any fuel surcharges. Delivery must be F.O.B Destination prepaid freight with no delivery expenses paid by users of this contract.

4.3 Travel and other expenses

No Travel, Meal, Lodging, Incidental or other expenses will be reimbursed.

4.4 Evidence of Relationship with Manufacturers

Prior to award, the selected Bidder will be required to provide evidence of a relationship with all manufacturers they have proposed in their bid. They must be able to show that they have an ongoing agreement with the manufacturer, that they are authorized to sell their product and that they will provide valid manufacturer’s warranties on all pieces of furniture provided under the contract.

4.5 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.

4.6 Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

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4.7 Contract Management

The Contract Manager and single point of contact for this RFR is:

Jane Wang, Director, Interior Planning and Design Management Division of Capital Asset Management and Maintenance 1 Ashburton Place, Room 1411

(617) 727-8000 x 806 Jane.Wang@state.ma.us

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 Commonwealth Contract Manager. In some cases additional paperwork will be required to effect the change.

4.8 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.

4.9 Failure to perform contractual obligations

Failure to perform contractual obligations as outlined in the Standard Contract Form, Terms and Conditions, and RFR may result in the following; suspension or termination of the contract, adding of additional contractors, Bidder will be required to cover replacement costs, or liquidated damages -consultation with agency legal counsel is strongly recommended.

Section 5 – Evaluation Criteria

5.1 Mandatory Requirements

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by DCAMM. DCAMM reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected. Solicitation sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

5.2 Desirable Specifications

Desirable specifications will be scored according to the Evaluation Criteria. RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the issuer to be "desirable." The issuer has listed all desirable specifications which will receive points in the evaluation criteria.

5.3 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.

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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 DCAMM 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.

5.4 Evaluation Components

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

Pricing & Prompt Pay Discount Please note that price will carry a significant weight in the evaluation process. This is best value procurement; therefore price is not the sole factor in selection.

Quality and appropriateness of proposed items;

Warranty and maintenance information;

Furnishings made by and/or sold by Massachusetts manufacturers and vendors;

Company experience;

References and reference information and/or requirements;

Prior performance and firm background information provided;

Review of Supplier Diversity Program plan;

Completion of all required attachments and exhibits listed in this RFR;

Other relevant information required and obtained as part of this RFR or elsewhere;

and Such other factors as DCAMM deems relevant.

Section 6 – Submitting a Bid Response

6.1 Response Submission Requirements

The following components specific to this RFR must be included with your response:

Response Cover Sheet (Exhibit A) Company Experience (Exhibit B) Reference Information and/or requirements (Exhibit C) Warranty and Maintenance Information (Exhibit D) Pricing Cost Sheet (Exhibit E) Required Standard Commonwealth Forms (Exhibit F). These forms are attached and are also available at www.mass.gov/osd.

NOTE: Failure to include all of the required forms and all of the requested information on those forms and submissions may result in rejection of the Bidder’s submission or the inability to fully evaluate the Bidder’s proposal.

6.2 How to Submit a Bid Response

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Bidders must submit their response in a sealed envelope that is clearly marked with the RFR reference number BSB1302-FE1, to that it is received by DCAMM by Tuesday April 29, 2014 at 2:00PM, to the following address:

Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance 1 Ashburton Place, Room 1411 Boston, MA 02108 ATTN: Jane Wang, Director, Interior Planning and Design Management Telephone: (617) 727-8000 x 806 Fax: (617) 727-5482 E-Mail: Jane.Wang@state.ma.us

Responses must be submitted in a sealed envelope and include three (3) original signed copies and three (3) duplicate copies.

Deadline for Responses – Responses are due no later than April 29, 2014 at 2:00 PM and MUST be received by that date and time at the address listed above.

LATE RESPONSES WILL NOT BE CONSIDERED.

6.3 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.

Section 7 – Required Terms for all RFRs

7.1 General Procurement Information

7.1.1. Access to security-sensitive information

Bidders agree to adhere to this section in the event that DCAMM 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

RFR BSB1302-FE1 Page 14 of 27 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.

7.1.2 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.

7.1.3 Ownership of Submitted Responses

The DCAMM 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 CommBuys 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.

7.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the DCAMM 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.

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7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 Commonwealth Tax Exemption

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

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

7.2.3 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 DCAMM.

Appendix 1 – RFR Required Specifications

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

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

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.

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

Any amendments, addenda or modifications to this Bid, and Any Bid Q&A records related to this Bid.

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

COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

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.

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service‐Disabled Veteran‐Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service‐disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR.

In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

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 participation requirements of the SDP:

SDP Plan Form #/Name Submitted By When Submitted

SDP Plan Form #1 – SDP Plan Commitment

All Bidders With Bid Response

SDP Plan Form #2 – Declaration of SDP Partners

Newly Awarded Contractors

Within 30 days of contract execution

SDP Plan Form #3 – SDP Spending Report

Contractors Within 45 days of the end of each quarter

Supplier Diversity Program (SDP) Resources:

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Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

Resources available to assist Prime Bidders in finding potential Service‐Disabled Veteran‐Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget‐ taxes‐and‐procurement/procurement‐info‐and‐res/osd‐events‐and‐training/osd‐training‐and‐ outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies. In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority‐ or Women‐Owned Business Enterprises (M/WBEs) and Service‐Disabled Veteran‐Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or 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 SST 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.

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

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

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

RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of

RFR BSB1302-FE1 Page 18 of 27 the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

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

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

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

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

All copies should be printed double sided.

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

Unless absolutely necessary, all responses and copies should minimize or eliminate use of non‐ recyclable or non 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.

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

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and

164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

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

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on‐time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered.

Participation in the Electronic Funds Transfer initiative further maximizes…