COVID-19 I and R RFR.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MASSACHUSETTS 02108

REQUEST FOR RESPONSES

FOR

COVID-19 ISOLATION AND RECOVERY SITE SERVICES

ISSUED: September 23, 2022

RFR DOCUMENT #: 23EHSCOVID19IRRFR

COMMBUYS BID #:

TABLE OF CONTENTS

ATTACHMENTS:

ATTACHMENT A: APPLICATION FORM

ATTACHMENT B: STAFFING FORM

ATTACHMENT C: ADDITIONAL CONRACT TERMS

ATTACHMENT D: EOHHS REQUIRED BIDDER CERTIFCATIONS FORM

INTRODUCTION

Overview The Executive Office of Health and Human Services (EOHHS) is issuing this Request for Responses (RFR) pursuant to 801 CMR 21.00, which governs procurement of services by state agencies and requires a competitive procurement process, including the issuance of an RFR, for acquisitions of all commodities and services.

EOHHS oversees 16 state agencies and is the single state agency responsible for the administration of the Medicaid program and the State Children’s Health Insurance Program within Massachusetts (collectively, MassHealth) and other health and human services programs designed to pay for medical services for eligible individuals pursuant to M.G.L. c. 118E, Title XIX of the Social Security Act (42 U.S.C. sec. 1396 et seq.), Title XXI of the Social Security Act (42 U.S.C. sec. 1397aa et seq.), and other applicable laws and waivers.

Introduction In response to the ongoing COVID-19 pandemic, EOHHS seeks one or more qualified vendors to become a Contractor to provide certain Isolation and Recovery Site (I&R) services to individuals and families related to COVID-19, including providing non-congregate or congregate shelter locations to isolate from others while recovering from COVID-19, ensuring appropriate clinical staffing at such I&R locations, and providing management services for the I&Rs and the I&R program, as further described in Section 2.4. Due to the immediate need for these services to assist Customers in scheduling COVID-19 vaccination appointments, EOHHS is conducting this procurement on an expedited timeline, as set forth in Section 2.5.

PROCURED SERVICES DESCRIPTION

Procurement Purpose EOHHS is issuing this Request for Responses (“RFR”) is to solicit qualified, cost-effective, and competitive applications (“Responses”) to create Statewide Isolation & Recovery (I&R) capacity for individuals experiencing homelessness that have tested positive for the COVID-19 virus and need a safe space to isolate. Entities submitting Responses (“Respondents”) shall be evaluated by EOHHS, as described herein, to identify the best value for the Commonwealth.

Since March 2020, The Executive Office of Health and Human Services (EOHHS) has established and operationalized I&Rs to provide safe, non-congregate medical sheltering to homeless individuals and families who have tested positive for COVID-19 and are in need of a safe place to recover.

People experiencing homelessness are at increased risk of infection during community spread of COVID-19. To reduce transmission within congregate shelter settings, reduce strain on the healthcare settings, and ensure the wellbeing of unhoused individuals and families in need of a safe place to recover from COVID-19, the Commonwealth is seeking Reponses from Respondents proposing to provide the entire suite of services described in Section 2, or a portion thereof.

Bidder Qualifications Any Bidder that becomes a Contractor shall provide services in accordance with the requirements of this RFA, their proposal as approved by EOHHS, and the Contract to be signed by the parties, which shall include the Commonwealth Standard Contract Form and the Commonwealth Terms and Conditions. The Attachment C contains additional provisions that shall be incorporated into any Contract to be executed between EOHHS and the successful Bidder.

EOHHS reserves the right to modify terms in Attachment C as it deems necessary prior to the execution of the Contract. Changes to the Contract after its execution by the parties shall be made only by written amendment.

Number of Contract Awards and Contract Term The Commonwealth may award this procurement to multiple Respondents to ensure procurement of all necessary services. However, Responses proposing 1) to supply all services under a single contract, either directly or through subcontractors, in time for an early fall 2022 COVID-19 surge; 2) the ability to scale up capacity at EOHHS’ request; and 3) the ability to accept and provide services to individuals on a statewide basis, either at a single I&R or multiple I&Rs, will be prioritized when determining best value to the Commonwealth.

EOHHS reserves the right to award contracts to multiple vendors in a single award phase, or in multiple phases, such that EOHHS may return to Bidder’s proposals and issue additional rounds of contract awards if EOHHS requires additional vendors to meet its service needs and the initial contract(s) did not cover the scale, volume, or all types of services required to meet its total service needs.

Contracts awarded under this RFR may be extended, in increments not to exceed 2 years at a time, at the sole discretion of EOHHS, and upon terms agreed upon by the parties. EOHHS may also extend such Contracts for any reasonable time period it determines necessary to complete a subsequent procurement.

Extension of any Contracts resulting from this RFR is subject to future legislative appropriations, continued legislative authorization, and EOHHS’ determination of satisfactory performance.

Services Description The services EOHHS seeks to procure through this RFR, through one or multiple vendors, are listed below. As noted in Section 2.3, above, Responses proposing 1) to supply all services being procured through this RFR under a single contract, either directly or through subcontractors, in time for an early fall 2022 COVID-19 surge; 2) the ability to scale up capacity beyond the initial proposal at EOHHS’ request; and 3) the ability to accept and provide services to individuals on a statewide basis, either at a single I&R or multiple I&Rs, will be prioritized when determining best value to the Commonwealth.

Congregate or Non-congregate Space The Commonwealth is seeking competitive Responses from prospective Respondents proposing facilities that can provide congregate or non-congregate sheltering to unhoused individuals and families that have recently tested positive for COVID-19 and need a safe place to isolate. Each Response must be able to provide an initial capacity of at least 20 beds, and Respondents must describe whether and to what extent their initial capacity proposal can be scaled up, either at the same location as initially proposed or at a new location, and at a single I&R or multiple I&Rs.

Staffing To ensure the wellbeing, safety, and long-term social benefits of COVID-19-positive individuals and families that need to access State-supported isolation, the Commonwealth is seeking Responses from prospective Respondents proposing staffing services to be provided in one or more I&R(s). Potential proposed staffing models must include client-facing support staff, behavioral health providers, recovery support staff, medical staffing, and care coordination staff. A proposed staffing model must identify a staffing ratio per number of clients served, rates per client, and a narrative description of how services would be delivered in each of the following: a congregate, motel and scattered I&R setting. Each Response must also detail the number of clients its staffing proposal can serve upon initiation of the project and any geographic limitations to its model. Each Response must also describe whether and to what extent proposed staffing services can be scaled up at EOHHS’ request.

I&R Management Support To support overall operational needs for proposed I&Rs, the Commonwealth is seeking potential bids from vendors to provide I&R management services that include the following: transportation of patients to and from the I&Rs; meal services; linen services; provision of supplies, including clinical supplies necessary for staffing services to be rendered, necessities such as toiletries for guests, and cleaning supplies; waste disposal services; maintenance and housekeeping services; managing referrals to the I&R(s), from shelters, healthcare providers, or EOHHS or its agents, and ensuring referred individuals are directed towards the most appropriate I&R for their needs, given each I&R location’s capacity; monitoring I&R capacity and, as necessary and applicable, initiating efforts to scale up or down I&R operations based on capacity and COVID-19 rates and projections, at the request of EOHHS or upon EOHHS’ approval the I&Rs. Each Response must describe its capacity to provide each of these I&R management services, either directly or through subcontractor, at the initiation of the project. Each Response must also describe whether and to what extent these services could be scaled up at EOHHS’ request.

Procurement Timetable The following timetable represents EOHHS’ best estimate of the schedule to be followed.

EOHHS may adjust this schedule as it deems necessary. Notification of any adjustment to the RFR Timetable shall be posted on COMMBUYS.

Electronic Responses (Quotes) Due in COMMBUYS (see Section 3.1.A) October 19, 2022

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Response Submission Instructions

1. COMMBUYS

All procurements posted on COMMBUYS, known as Bids, require the submission of electronic Responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Vendor account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at osdhelpdesk@mass.gov. Instructions for creating a Quote can be found on COMMBUYS by clicking the hyperlink labeled “Job Aids for Vendors”. In addition, Bidders may find helpful the webcast How to Create a Quote in COMMBUYS. See Section 5.4 of this RFR for further information about COMMBUYS.

Bidders must submit electronic Quotes on COMMBUYS by the date and time specified in Section 2.5. COMMBUYS will not accept submissions after the specified deadline.

Response Requirements A complete Response shall meet the following requirements:

Each Response must include a cover letter, as described in Section 3.1.C;

Each Response must include the Required Bidder Certifications Form, included with this RFR as Attachment D;

Each Response must include a completed Application Form, included with this RFR as Attachment A;

Each Response proposing to provide staffing services as described in Section 2.4.B, must include a completed Staffing Form, included with this RFR as Attachment B; and Each response must include all additional required forms and attachments, as described in Section 3.1.D.

Each Response should contain only relevant information that is specific to the topic of that Response document as required by the RFR. Superfluous information may be disregarded.

Each Response must be provided in accordance with EOHHS’ instructions in this RFR, and its attachments. EOHHS, in its discretion, may choose to not consider any material that is not presented in accordance with EOHHS’s instructions in evaluating the Respondent’s Response.

The Respondent shall adhere to character and page limits where specified. Respondents are strongly encouraged to not include attachments that are extraneous, duplicative, or do not apply directly to the content requested. EOHHS may, in its discretion, not consider attachments that are not required or narrative that exceeds text responses noted in the Application Form.

Cover Letter The Bidder must include with its Response a Cover Letter that clearly states the name of the Bidder organization (including any trade name or d/b/a under which Bidder operates), principal address, and the name, address, e-mail, and telephone number of the individual authorized to negotiate for and execute the Contract on behalf of Bidder. The letter must:

1. Include a statement that clearly articulates that the Bidder accepts the terms of this RFR, without substantive change and that the Bidder has read and acknowledged the Standard Contract Form Instructions and the Commonwealth Terms and Conditions (see Section 5.3);

Include a statement that the Bidder’s Response will remain in effect until a Contract resulting from this RFR is executed;

Include a statement that the Bidder will not have any interest that will conflict with performance of services under this RFR or any Contract that results from this RFR.

Include the name, address, e-mail address, and telephone number of the individual who should be contacted for the purpose of discussing any aspect of the Bidder’s Response; and Be signed by an authorized Contractor signatory.

Required Forms and Certifications The Bidder shall complete, sign and submit the following forms which may be downloaded from COMMBUYS. Please note, however, that Bidders do not need to complete the Standard Contract Form Instructions and the Commonwealth Terms and Conditions, but should acknowledge that they have read and understood these forms in their cover letter (see Section 3.1.C):

1. Commonwealth of Massachusetts Standard Contract Form and Instructions (read and acknowledge – see Section 3.1.C);

Commonwealth of Massachusetts Terms and Conditions (read and acknowledge – see Section 3.1.C);

Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification (required only if bidder does not already have an up-to-date Massachusetts Substitute W-9 Form on file);

Contractor Authorized Signatory Listing;

Prompt Payment Discount Form (see Section 5.21); and SDP Plan Form – SDP Plan Commitment as described in Section 5.16.

Programmatic Response Requirements

1. Organizational Overview Respondent’s application must include the following information to the extent applicable and available:

1. The Bidder organization’s formation date, goals, and mission;

Current service areas and main funding sources;

Experience collaborating with EOHHS, DPH, DHCD, homeless service providers, healthcare entities community-based organizations, and behavioral health services providers;

If your proposal includes staffing or shelter services, include experience providing services to homeless individuals and/or families; and If your proposal includes staffing or shelter services, include experience providing services to persons that have tested positive for COVID-19.

In the event that information is not available, the Bidder must clearly indicate that it is not available.

Programmatic Response The Bidder shall demonstrate to EOHHS in its Response submission, using the Application Form in Attachment A, its ability to assume all services proposed in Bidder’s Response and to cooperate and coordinate with EOHHS and, in the event that the RFR results in multiple awardees, all other awardees.

The Bidder’s Response must demonstrate whether the Bidder proposes to provide all services listed under Section 3.2, and, if not, identify the subset of such services it proposes to provide.

The Bidder’s Response also must provide the following information, as applicable to the services proposed:

Proposals to provide congregate or non-congregate shelter services, as described in Section 2.4.A:

The I&R site location(s) of the Bidder’s proposed program;

A description and overview of the physical layout and floor plan of the proposed I&R site location(s);

The minimum and maximum number of beds the Bidder’s proposed site location(s) is able to accommodate; and The Bidder’s timeline and costs for operationalizing the proposed location(s) to serve COVID-positive individuals and/or families.

Proposals to provide staffing support services, as described in Section 2.4.B:

0. The specific staffing services the Bidder is proposing to offer;

The Bidder’s proposed staffing plan and costs;

The catchment area that the Bidder’s proposed staffing is able to serve;

The Bidder’s ability to scale staffing up at EOHHS’s request; and The Bidder’s timeline for operationalizing staffing.

Proposals to provide I&R management services, as described in Section 2.4.C:

0. The specific I&R management services that the Bidder is proposing to offer;

If offering to provide referral management services, the Bidder’s proposed processes for intake, triaging, and assessing potential patient referrals;

The minimum and maximum number of individuals and/or families the Bidder is proposing to be able to serve; and The Bidder’s breakdown of the timeline and proposed costs for each specific management service offered.

RESPONSE EVALUATION PROCESS

Response Review and Evaluation

1. Committee Evaluation All Responses of qualified Bidders that comply with the requirements of Section 3 will be evaluated by an evaluation committee (the “Committee”). Responses meeting the priority factors, listed in both Sections 2.3 and 2.4, will receive priority consideration.

Evaluation Criteria The Committee will determine whether the Bidder has satisfied all Response requirements, and will evaluate each element of the Bidder’s Response for comprehensiveness, appropriateness, feasibility, clarity, effectiveness, and responsiveness to the needs of EOHHS. In addition, EOHHS may consider in its review process evaluations of a Respondent’s performance in programs or contracts administered by EOHHS, and any corrective actions or restrictions imposed by EOHHS or other Commonwealth agencies. The Committee may also consider any information that may have previously been provided by the Respondent or is otherwise available or known to EOHHS.

The Bidder’s Response will also be evaluated based on reasonableness of cost, competitiveness of cost, and value to EOHHS. EOHHS is not required to choose the Bidder that proposes the lowest cost to EOHHS. EOHHS may prefer Responses that meet one or more of the priority factors listed in both Sections 2.3 and 2.4.

Response Rating The Committee will (1) evaluate Responses in accordance with the criteria described in Section 4.1.B; (2) give a composite rating of “Excellent”, “Very Good”, “Good”, “Fair”, “Poor”, or “Non-Responsive” for each section evaluated; (3) assign an overall rating to each Response; (4) compare the Responses to one another; and (5) rank the Responses in order of preference.

The Bidder’s proposed cost will be one factor, but not the sole factor, considered in the Committee’s evaluation.

Oral Presentation/Finalist Interviews The Committee may, in its sole discretion, invite those Respondents whose Responses have been judged competitive and responsive in the course of the evaluation to participate in an oral presentation/finalist interview. At that time, the Respondents’ Responses may be discussed and clarified, but not changed in any way. The Committee reserves the right to apply restrictions to the structure and content of the oral presentations, and to instruct the Respondents regarding attendees and the presentation/interview process.

Oral presentations/finalist interviews shall not be open to the public nor to any competitors. Failure of a Respondent to agree to a date and time for a presentation/interview or to make a presentation/interview may result in rejection of the Respondent’s Response.

Site Visits The Committee may, in its sole discretion and at its convenience, elect to inspect any of the Respondent’s, or Subcontractors’ offices, facilities or resources. Failure to agree to such a site visit may result in rejection of the Respondent’s Response.

References EOHHS, in its sole discretion, may request the Respondent provide references, and may verify or contact any references provided at any time during the evaluation process.

Best and Final Offer EOHHS reserves the right to request a best and final offer (BAFO) from any Bidder.

Recommendation to Enter Into Contract Negotiations After the Committee completes its evaluation, comparison, and ranking of all proposals, and, if applicable, reference check(s) and BAFO, the Committee may recommend to the Secretary of EOHHS or her designee a Bidder or Bidders with which to enter into Contract negotiations. The Secretary’s decision shall consider the Committee’s recommendation and the best interests of the Commonwealth. EOHHS is under no obligation to award a Contract pursuant to this RFR.

Best Value Selection and Negotiation EOHHS will select the Response which, in its sole discretion, it determines demonstrates the best value overall to EOHHS and the Commonwealth. EOHHS and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Response which results in lower costs or a more cost-effective or better value than was presented in the selected Bidder’s Response.

Contract Award The award of a Contract under this RFR shall be subject to sufficient appropriation, availability of state and federal funds, all necessary state and federal approvals, and successful negotiation of Contract terms.

Non-Qualifying Proposals

1. Rejection of Responses EOHHS reserves the right, in its sole discretion, to reject a Bidder’s proposal at any time during the evaluation process if the Bidder:

Fails to demonstrate to EOHHS’ satisfaction that it meets all RFR requirements;

Fails to satisfy all Response Submission instructions described in Section 3, to submit a Response organized in accordance with all instructions, or to submit a Response that is complete in all respects;

Fails to submit all required information and to otherwise comply with all requirements of the Response described in Section 3;

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

Rejects or qualifies its agreement to any of the mandatory provisions of the RFR; or Fails to reach an agreement with EOHHS on all Contract terms, including, but not limited to, payment provisions.

Other Actions EOHHS may, in its sole discretion, determine that non-compliance with any RFR requirement is not material. In such cases, the Committee may seek clarification from a Bidder, allow the Bidder to make technical corrections, apply appropriate adjustments to scoring in the evaluation, or utilize any other remedial action EOHHS deems appropriate.

RFR INFORMATION

Issuing Office Executive Office of Health and Human Services Office of Medicaid One Ashburton Place, 11th Floor Boston, MA 02108

Requirements of 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. 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.

Commonwealth of Massachusetts Standard Contract Form and Terms and Conditions Any Bidder selected as the Contractor shall agree to and abide by the terms of the Commonwealth of Massachusetts Standard Contract and Terms and Conditions (See Section 3.1.D). EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder suggestion or requirement altering these documents will be disregarded.

COMMBUYS Market Center COMMBUYS is the official source of information for this procurement (known as a Bid in COMMBUYS terminology) and is publicly accessible at no charge at www.commbuys.com. Information contained in this RFR document and in COMMBUYS, including file attachments, and information contained in the related Questions and Answers (Q&A), if any, are all components of the procurement.

Bidders are solely responsible for obtaining all information distributed for this procurement via COMMBUYS.

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

· Any amendments, addenda or modifications to this procurement, and

· Any Q&A records related to this procurement.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Response to this RFR (known as a Quote in COMMBUYS terminology) based on an out-of-date information received from any source other than COMMBUYS.

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

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

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

Bidder Communications RFR Contact Bidders are prohibited from communicating directly with any employee of EOHHS 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, except as specified in this RFR.

RFR Contact:

Amy Butcher, Procurement Coordinator Executive Office of Health & Human Services One Ashburton Place, 11th Floor Boston, MA 02108 E-mail: amy.butcher@mass.gov

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

It is the responsibility of the prospective Bidder and awarded Contractor to keep current the e-mail address of the Bidder’s contact person and prospective Contract Manager, if awarded a Contract, and to monitor that e-mail inbox for communications from EOHHS, including requests for clarification. EOHHS and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated e-mail 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 e-mail communications sent to/from the prospective Bidder/awarded contractor and EOHHS to be lost or rejected by any means including e-mail or spam filtering.

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

RFR Copies Bidders should download all RFR documents from COMMBUYS. No paper copies of the RFR or any of its components will be supplied unless the request satisfies the conditions specified in Section 5.5.C. If a Bidder is having trouble obtaining any required attachments electronically through COMMBUYS, the Bidder should contact the OSD Help Desk at osdhelpdesk@mass.gov or call the Help Desk during normal business hours (8 am-5 pm ET Monday-Friday) at 1-888-627-8283 or 617-720-3197.

RFR Errors In the event this RFR contains errors, EOHHS may correct such errors at any time prior to contract execution. Corrections to this RFR will be posted on COMMBUYS.

Amendment or Withdrawal of RFR EOHHS reserves the right to amend the RFR at any time prior to execution of a Contract and to terminate this procurement in whole or in part at any time before execution of a Contract. If EOHHS decides to amend or clarify any part of this RFR, any written amendment will be posted on COMMBUYS.

Costs Costs which are not specifically identified in the Bidder’s response, and accepted by EOHHS 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.

Closing Date The Response due date and time are specified in the timetable in Section 2.4. Individual requests for extension of the time for submitting Responses will be denied.

Acceptance of Response Content The entire contents of the Bidder’s Response shall be binding on the Bidder. The specifications and contents of a successful Bidder’s Response may be incorporated into the Contract.

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

Public Records All Responses and related documents submitted in response to this RFR are public records and are subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10 and M.G.L. c. 4, § 7 subsection 26. Any statements in submitted Responses that are inconsistent with these statutes will be disregarded.

All Responses become the property of the Commonwealth of Massachusetts.

Response Duration The Bidder’s Response shall remain in effect until any Contract with the Bidder is executed.

Contract Expansion If additional funds become available during the Contract Term, EOHHS reserves the right to increase the maximum obligation to the Contract 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 need.

Program Modifications and New Initiatives EOHHS shall have the option at its sole discretion to modify, increase, reduce or terminate any activity related to this Contract whenever, in the judgment of EOHHS, the goals of the project have been modified or altered in a way that necessitates such changes. In the event that the scope of work or portion thereof must be changed, EOHHS shall provide written notice of such action to the Contractor and the parties shall negotiate in good faith to implement any such changes proposed by EOHHS.

EOHHS additionally reserves the right, at its sole discretion, to amend the Contract to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting EOHHS or the Contract.

Notwithstanding the generality of the foregoing, EOHHS reserves the right to amend the Contract to implement new initiatives or to modify initiatives related to:

New EOHHS programs or information technology systems;

Expansion of, or changes to, existing EOHHS programs or information technology systems;

Other programs as specified by EOHHS; and Programs or information technology systems resulting from state or federal legislation that may affect in whole or in part EOHHS or the Contract.

The parties shall negotiate in good faith to implement any such initiatives proposed by EOHHS. The Contractor’s responsibilities are subject to change due to implementation of such initiatives. EOHHS reserves the right to modify the Contract due to program modifications.

In addition, the Contractor may request an opportunity to enter into negotiations with EOHHS over amendments to the Contract related to new initiatives or modified initiatives as described in this section. EOHHS may grant such a request in its sole discretion.

Any changes under this section shall be subject to appropriate approvals.

Supplier Diversity Plan Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs). All Bidders must follow the submission requirements set forth in this section. Bidders are required to develop creative initiatives to help foster new business relationships with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). This requirement extends to all Bidders regardless of their own certification status; Bidders may not list themselves or affiliates as SDP Partners.

In order to satisfy the requirements of this section and encourage Bidder’s participation in SDP objectives, the Bidder must submit an SDP Plan Form (See Section 3.1.D), which will be evaluated as part of the total evaluation. This SDP plan must include an SDP commitment, expressed as a percentage of contract revenues.

During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

Incorporation of RFR This RFR and all Response documents submitted in response to it by a selected Bidder will, at EOHHS’ discretion, be incorporated by reference into any Contract awarded as a result of this RFR to that Bidder.

Debriefing Upon notification of EOHHS’ award decision, any non-selected Bidder may make a written request for debriefing. A debriefing meeting provides the Bidder an opportunity to discuss the evaluation of its Response, identify any weak areas and suggest improvements for future procurements. A request for debriefing must be received by the RFR Contact Person at the address specified in Section 5.5.A, within 14 calendar days after EOHHS’ award decision notification to the Bidder. Debriefing meetings shall be held at the discretion of EOHHS once the Contract negotiation and execution process is complete.

Authorizations and Appropriations Any contract awarded under this RFR is subject to all necessary federal and state approvals, as applicable, and is subject to appropriation of sufficient funding, as determined by EOHHS.

Subcontracting Any subcontractor’s service under the Contract is subject to EOHHS’ continued approval, which may be revoked at any time. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Prompt Payment Discount (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 the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by EOHHS. EOHHS will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth. The requirement to use PPD offerings may be waived by EOHHS on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form (see Section 3.1.D).

Electronic Funds Transfer 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 Vendors and the Commonwealth because it ensures fast, safe and reliable payment directly to vendors and saves both parties the cost of processing checks. Vendors are able to track and verify payments made electronically through the Comptroller’s Selected Bidder Web system.

Business Associate/Privacy and Security The selected Bidder shall be required to comply with all state and federal laws and regulations applicable to the privacy and security of personal and other confidential information, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the privacy and security regulations promulgated thereunder (45 CFR Parts 160 and 164, the Privacy and Security Rules), and the additional terms, conditions and obligations relating to the privacy, security and management of personal and other confidential information set forth in or required under: the Commonwealth Terms and Conditions; this RFR, including, without limitation, any attachments hereto. Because the selected Bidder will be EOHHS’ business associate with respect to any function or activity involving protected health information, such terms, conditions and obligations include those required for a business associate agreement under the Privacy and Security Rules.

Further, EOHHS 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 EOHHS to comply with any applicable state or federal law or regulation, or any contractual obligation to which EOHHS is subject, relating to privacy and/or security, including but not limited to the Privacy and Security Rules, and the selected Bidder shall promptly execute and comply with any amendment to the contract that EOHHS deems necessary or appropriate in connection therewith.

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

RFR for COVID-19 Isolation and Recovery Site Services 18