CrossTies RFR 1-3-20~1.pdf

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

RAIL DIVISION

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: TIMBER CROSSTIES

COMMBUYS Bid#: BD-20-1030-0P100-0P070-47032

Release Date: 1/14/2020

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 forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to http://www.Commbuys.com/bso, select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding Commbuys navigation may refer to the Commbuys Resource Center at http://www.Commbuys.com/bso for documents and guides. Bidders may also contact the Commbuys Helpdesk at http://www.Commbuys.com/bso or the Commbuys Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/bso

TABLE OF CONTENTS

A. OVERVIEW

B. RFR GUIDELINES

1. Technical Specifications …………………………………………………..…………….... 1 - 3

2. Requirements ………………………………………………………………………………

2.1 Acquisition Method …………………………………………………………………

2.2 Single or Multiple Contractors…………………………………………………………... 4

2.3 Use of Procurement by a Single Dept. ………………………………………………….. 4

2.4 Anticipated Duration of Contract ……………………………………………………….. 4

2.4.1 Anticipated Expenditures ………………………………………………………… 4

2.5 Cancellation of Contract ………………………………………………………………… 4

2.6 Procurement Calendar ……………………………………………………….………….. 4

2.7 Instruction for Submission of Responses ……………………………………….….…. 4-6

2.8 Evaluation of Responses ………………………………………………………….….… . 7

C. RFR REQUIRED SPECIFICATION ……………………………………………………... 8-13

A. OVERVIEW

The Massachusetts Department of Transportation (MassDOT) rail division is soliciting bids for the acquisition of timber crossties as described in the technical specification that follows. These

Specifications describe requirements for the procurement of timber crossties to be used on the rail lines owned by the Massachusetts Department of Transportation (MassDOT). Crossties shall meet, in every respect, Specifications of the American Railway Engineering and Maintenance-of-Way Association

(AREMA) contained in the Manual for Railway Engineering, Volume 1, Chapter 30, Part 3, as modified by the Technical Specifications herein.

B. RFR GUIDELINES

1. Technical Specification:

GREEN LUMBER

Crossties shall be seven inches deep by nine inches wide by eight feet six inches long (7” x 9” x 8’-6”) with a maximum of 1” wane allowed in the rail bearing area (RBA). A maximum of twenty percent (20%) of the entire quantity of ties ordered may be seven inches (7”) by eight inches (8”) in cross-section (undersize ties) with no wane allowed in the Rail Bearing Area (RBA). N o u n d e r s i z e t i e s a l l o w a b l e w h e n p r o c u r e m e n t s p e c i f i e d f o r P a n d r o l c o n s t r u c t i o n . Dimensions specified (depth, width, length and cross-section) are minimum dimensions. Crossties measuring more than 1” deeper, wider or more than 3” longer, at any point, than the specified dimensions shall be rejected.

Crossties shall be manufactured from sound, live hardwood timber, a minimum of 85% oak with the balance from the following species: Ash, Beech, Birch, Cherry or Hard Maple. Felled timber must be delivered to the mill, milled within dimensional specifications and transferred to the treatment facility in a timely fashion so as to avoid wood fiber infections.

Crossties shall be straight, well sawn on four sides, cut square on the ends, have the top and bottom sides parallel and have the bark completely removed on all sides. Ties will be considered straight when a straight line along the top, from the middle of one end to the middle of the other end, is entirely within the tie and when a straight line along a side, from the middle of one end to the middle of the other end, is everywhere less than 1-1/2” from the top and bottom of the tie. The top and bottom will be considered parallel when any difference in the thickness at the sides and ends is less than or equal to 1/2’. All crossties shall be free from the following defects:

· Decay – Crossties that show decay of any nature and show stain from being left in the log for too long of a period of time will be rejected. “Blue stain” is not decay and is permissible in crossties.

· Holes – Crossties will be rejected for any holes exceeding 1/2” in diameter and 3” deep within the

RBA or more than 1/4 the width of the surface on which it is situated and 3” deep outside of the

RBA.

· Knots – Crossties with any large knots or numerous small knots with the net effect of a large knot within the RBA will be rejected. A large knot is defined as one whose average diameter is greater than 1/4 the width of the surface on which it is situated.

· RBA – Rail Bearing Area – The area of the tie between 20 inches and 40 inches from its middle.

· Shake – Shakes greater than 1/3 the width of the crosstie will be rejected.

· Split – Splits in unseasoned ties can be no more than 1/8” wide and/or 4” long. Splits in seasoned ties can be no more than 1/4” wide and/or no longer than the width of the face on which the split is located.

· Slanting Grain – Crossties will be rejected if a slant in the grain exceeds 1:15, except in species with interlocking grain.

· Wane – Excessive wane (defined as 1” and/or as specified by AREMA Chapter 30) will result in rejection of the crosstie.

Anti-splitting gang nail end plates shall be installed on both ends of 100% of the green crossties prior to seasoning. End plates will be applied by a mechanical device capable of squeezing crosstie ends together to eliminate any splits and restore the crossties to their original, milled dimensions prior to application. End plates to be manufactured from 18-gauge hot-dipped galvanized steel plate, with nail teeth at least 3/8” long capable of penetrating oak to their full depth. End plates shall be 6” x 7” and centered on the ends of the crossties. End plates shall be embossed along the plate on both 7” sides in letters a minimum of one-eighth of an inch (1/8”) in height. Embossing shall include the following:

Mass Dept. of Transportation – MADOT

The last two digits of the year treated – 20 Crosstie producer’s name or symbol – XX Co.

The identification brand on the end plate should appear as: MADOT-20-XXCo. and shall be positioned along the plate on the seven inch (7”) side.

SEASONING

Crossties shall be air-seasoned prior to preservative treatment. Crossties shall be stacked in accordance with AREMA recommendations from the Manual of Railway Engineering, Volume 1, Chapter 30, Article 3.5.6.2. Crossties shall be air-seasoned for at least 12 months and for no longer than 18 months, until the moisture content of the timber is reduced to a level of 45% or less.

As an alternate to air-seasoning, the Boulton drying process may be used to condition and dry the green timber. The Boulton process may not be used, however, if the green timber has been partially air seasoned in excess of sixty (60) days. The moisture content of the green timber must be determined prior to drying. This value shall be used to calculate the amount of water to be used during the drying process. The Boulton process is to be continued until the moisture removal rate indicates a percent moisture retained equal to a twelve (12) month air seasoned crosstie or a minimum of 45% by weight.

PRESERVATIVE TREATMENT

Seasoned wood shall be treated in accordance with the requirements of the AREMA Manual for

Railway Engineering, Volume 1, Chapter 30, Article 3.7. Treatment shall consist of an application of a 60/40 creosote coal tar solution, applied under pressure, yielding a minimum of seven (7) pounds retention or refusal per cubic foot of timber treated.

INSPECTION OF CROSSTIES

Crossties must be inspected as specified in the AREMA Manual for Railway Engineering, Volume

1, Chapter 30, Part 3. Inspection and testing shall be done in accordance with AREMA Specifications prior to crosstie shipment by an individual or individuals with a minimum of five (5) years’ experience inspecting and certifying the manufacture and treatment processes of timber crossties.

Inspections protocols will be conducted as follows:

1. Green crossties shall be inspected and certified at the time of delivery, prior to seasoning.

2. Seasoned crossties will be subjected to inspection, prior to treatment, by examination of the top, bottom, side and end faces of each crosstie. Crossties are to be graded independently, not in association with other lots.

3. Seasoned crossties shall be inspected by taking a minimum of twenty (20) boring cores per treatment charge to determine if the specified drying level has been achieved. Boring cores shall be taken midway between the ends of the crosstie. Three inch (3”) diameter boring cores shall be taken to evaluate moisture content.

4. Following treatment, crossties shall be inspected for specified treatment solution penetration by taking a minimum of twenty (20) boring cores per treatment charge.

5. Treated crossties will be inspected upon delivery and prior to installation by MassDOT and/or its designated representative.

SUBMITTALS

Prior to shipment of crossties, the crosstie manufacturer shall submit inspection reports certifying that all required tests and inspections (by inspection protocols) have been made and that the crossties being shipped are in full compliance with AREMA specifications and as specified herein.

SHIPMENT

Crossties shall be bundled in groups of twenty (20) pieces, in a configuration of four (4) rows of five

(5) on edge, banded with two (2) heavy duty steel bands. Size of bundles shall be confirmed in writing to MassDOT prior to shipment. Bundles of crossties shall be placed atop wood dunnage on the bottom of the transportation vehicle and between tiers to facilitate unloading. Dunnage to become property of MassDOT upon delivery of crossties and will be used for stockpiling crossties.

All Goods/Services purchased from the contractor(s) will be successfully delivered to the appropriate locations FOB. The term FOB shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. MassDOT will not process payment for any freight delivery or other handling charges.

CONDITIONS OF ACCEPTANCE

Crossties that do not fully meet the requirements of these Specifications shall be rejected and replaced at no additional costs to MassDOT. Cause for rejection shall include, but not be limited to: under-dimension crossties (seasoned and treated crossties must measure a minimum of 7” x 8” and comprise no more than 25% of the total population in the order); the balance of the population (seasoned and treated) must be no more than 1/4” under-dimension from nominal size (7” x 9”); crossties not meeting straightness criteria or having excessive (defined under GREEN LUMBER in these specifications) checks, splits, wane, knots, etc.; any damage to crossties occurring during transport and/or handling prior to acceptance by MassDOT. Improperly applied or loose anti-splitting devices are also grounds for rejection if they are not repairable (at the crosstie supplier’s expense) to the satisfaction of

MassDOT. Any crossties rejected by MassDOT shall be segregated from the rest of the order and arrangements made by the supplier to band them in bundles for return and replacement. All costs associated with the pick-up, banding, shipment and replacement of defective ties are the responsibility of the supplier.

2. Requirements:

The total quantity of timber crossties will be up to twenty-five thousand (25,000) pieces which will consist of an initial delivery of 10,000 ties to be delivered no later than 90 days of award with an additional 15,000 ties to be delivered by June 30, 2020.

For delivery by 4-30-20:

Rochester, MA 2,500

Bourne, MA 2,500

Sheffield, MA 5,000

Option for delivery by 6-30-20:

Rochester, MA 2,500

Sandwich / Barnstable, MA 2,500

Bourne, MA 5,000

Sheffield, MA 5,000

3. Acquisition Method:

This will be an outright purchase contract for goods and services.

4. Single or Multiple Contractors:

This will be a single vendor award.

5. Applicable Procurment Law:

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

6. Use of a procurement by a single department:

This is single department procurement and can solely be used by the Massachusetts Department of Transportation.

7. Anticipated duration of contract including renewal options:

The duration of the contract will be for two (2) years. The estimated start date of the contract is

March 30, 2020.

7.1 Anticipated Expenditures:

It is estimated that all contracts will have total sum expenditures for the initial contract duration of approximately $2,000,000. MassDOT makes no guarantee of any spending as a result of receiving an award for responding to this RFR. This contract will have no minimum order requirement.

8. Cancellation of Contract:

MassDOT reserves the right to terminate contracts upon a thirty-day written notice or, terminate contracts IMMEDIATELY if the contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract. Additional costs to MassDOT due to procurement and/or purchase from alternate sources shall be the liability of the Awarded

Contractor

9. Procurement Calendar:

RFR Release Date Tuesday, January 14, 2020

Questions Due Date: Friday, January 24, 2020 at 3:00 PM EST

Answers to Questions: Friday, January 31, 2020

Due Date for Responses: Monday, February 10, 2020 at 3:00 PM EST

Proposal Review Completion: Tuesday, February 25, 2020 (estimated)

Contract Award Date (Estimate): Tuesday, March 30, 2020 (estimated)

10. Instruction for Submission of Responses:

Bid Response Method

All Bids communications must be submitted in COMMBUYS.

All Bids must be received by MassDOT before the specified date, month, year and time displayed on the Solicitation's Summary page within the Open Date field. Times are Eastern

Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. MassDOT is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

How to Submit a Bid Response

All Bidders may begin creating and compiling response materials as soon as the Solicitation containing files on the Forms & Terms tab and the Specifications tab is in an OPEN document

Status. When submitting response materials prior to the Solicitation Close Date, the ability to upload documents is only available to active Commbuys account holders after the Solicitation

Amendment Deadline has passed. Once the Solicitation Close Date and Time has passed, interested Bidders will be unable to submit a Response online.

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.Commbuys.com and select the Commbuys Job Aids for Vendors.

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

Telephone: Call the Commbuys Helpline at 1-888-MA-STATE (1-888-627-8283). The

Helpline 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.

Bid Response Deadline

All Bids must be received, in Commbuys, by MassDOT before the specified date, month, year and time displayed on the Solicitation’s Summary page within the Close Date field. Times are

Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential delays such as internet or other issues.

MassDOT is not responsible for delays encountered by Bidders or their agents.

Bid Package

Bidders submitting bids should reference “MDOTBOSTON-TIES” on all submitted bid documents.

Questions

The Commbuys Q&A section is the opportunity for Bidders to ask written questions and receive written answers from the Procurement Management Team (PMT) regarding this Solicitation.

All Bidders’ questions must be submitted through the Q&A Tab in Commbuys (See “Locating the Q&A section,” below). Questions may be asked only between the “QA Start” and “QA End” dates, specified in the RFR Procurement Calendar.

Please note that any questions submitted to the PMT using any other medium (including those that are sent by mail, fax or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are immediately 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 PMT 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 Solicitation.

Only written response(s) posted on the Commbuys Q&A section which has been

“finalized” will be binding on the Commonwealth.

Locating the Bid Q&A section (Question and Answer)

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

http://www.commbuys.com/ mailto:commbuys@state.ma.us

Attachments

The following list of attachments includes documents that must be submitted with your proposal. A bidder’s failure to include these items in the proposals will cause the proposal to be determined to be non-responsive and the proposal will be rejected. The additional attachments are not required to be submitted with your RFR response, however, you are required to adhere to all clauses and terms and conditions. Additional attachments will be incorporated during contract execution, should your bid be selected.

Attachments Required with Submission:

Cost Proposal (Bidder Supplied Form)

Supplier Diversity Plan (Form 1)

Prompt Pay Discount Form

Business Reference Form

Additional attachments: To be completed and mailed upon Award of Contract:

MassDOT Standard Contract Form (3 copies with original “wet” signature)

Mass DOT Terms and Conditions

W-9 Form

Electronic Funds Transfer Form (EFT)

Contract Authorized Signatory Listing (must be signed and notarized)

Bidders must provide a Cost Proposal Form (quotation) as an attachment to this RFR. Failure to provide the Cost Proposal Form may result in the proposal being deemed non-responsive and rejected.

For evaluation purposes, the Cost Proposal consists of proposed total unit cost to provide the requested equipment in this proposal. The cost proposal must include pricing for delivery by truck. Pricing listed on this RFR must include all delivery costs. Product delivery and liability remains with the Vendor until the products are properly delivered and signed for by MassDOT.

MassDOT is a tax exempt entity, tax exempt form to be provided to vendor upon award of a contract.

Bidders who signed these forms electronically via Commbuys online submission tools must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the

Commonwealth Terms and Conditions and Request for Taxpayer Identification and

Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and

Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

It is the responsibility of the Bidder to ensure that its proposal submission is received by the stated deadline. All RFR Responses will be logged as to the date and time received in

Commbuys and kept on file.

Only electronic RFR Responses may be submitted in response to this RFR.

All instructions contained herein must be strictly followed.

Accuracy and completeness are essential. Omissions and ambiguous or equivocal statements will be viewed unfavorably and will not be considered in the evaluation.

MassDOT reserves the right to reject any RFR Response that does not meet these requirements.

11. Evaluation of Responses:

All proposals will be reviewed for responsiveness and then evaluated by the selection committee using the criteria set out herein:

1. Cost Proposal 60%

2. Experience and Qualifications 30%

3. SDP Plan 10%

4. Submittal of all required documentations Pass/Fail

TOTAL 100%

MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the Commonwealth. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a contractor.

12. Insurance Requirement:

Vendors/Contractors must provide a scanned copy of appropriate Certificate of Insurance evidencing the following:

Vendor/Contractor shall, at Vendor’s/Contractor’s cost and expense, at all times during the

Term, maintain in full force and effect, and cause its subcontractors, if any, to maintain as a precondition to providing services as described but not limited to services outlined in this RFR adequate insurance coverage, but in no event shall such insurance coverage be less than the types and amounts of coverage listed below. In addition, these are minimum limits and do no limit

Vendors/Contractors liability to the minimum limits required below.

(a) Workers’ Compensation Insurance with statutory benefits and Employer’s Liability of not less than $1,000,000 per accident for all persons to be employed by Vendor/Contractor in connection with this RFR. Vendor/Contractor shall continue such insurance as required by Massachusetts General Law Chapter 152 in full force and effect throughout the Term.

(b) General Liability Insurance for all damages arising out of bodily injury or death or damage to property incurred in connection with this RFR. The limit shall be not less than $1,000,000 combined single limit for bodily injury and property damage, $2,000,000 products aggregate and $2,000,000 general aggregate. Such coverage shall be written on an occurrence basis and include, without limitation, the following: (a) Products & Completed operations hazard coverage, (b) Contractual Liability covering this Contract, and (c) Personal Injury Coverage. This insurance shall expressly provide that the general aggregate limit of liability applies on per project or per location basis.

(c) Automobile Liability Insurance covering owned, non-owned and hired vehicles in accordance with all applicable laws, including, without limitation, the automobile insurance laws of the Commonwealth of Massachusetts, with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. Such coverage shall be written on a per accident basis.

(d) Umbrella Liability Insurance which shall provide excess coverage over the general liability, automobile liability, and the employer’s liability coverages as set forth above. Such coverage shall be no less broad than such primary coverages and shall be written on an occurrence basis with limits of not less than $5,000,000 combined single limit for bodily injury and property injury.

(e) Such other insurance and in such amounts, or higher coverage limits on the insurance specified above, as may be reasonably required by MassDOT from time to time during the Term.

(f) Other Insurance Policy Requirements

i. All insurance maintained by Vendor/Contractor pursuant to this Contract shall be written by insurance companies authorized to do business in the Commonwealth of Massachusetts or if not so authorized, by companies which are approved by the

Massachusetts Commissioner of Insurance. All insurance companies writing the insurance required by this Agreement must be reasonably acceptable to the

MassDOT and must have a Best’s Financial Strength Rating of “A-” or higher and a Best’s Financial Size Category Class of “VII” or better, unless otherwise approved by the MassDOT in writing.

ii. MassDOT hereby retains the right to periodically review the types and amounts of insurance being maintained by Vendor/Contractor and to require additional insurance to the extent that such additional insurance is commercially available and reasonably prudent under then existing circumstances.

iii. All insurance policies required in subsections (b), (c), (d) shall include by way of endorsement, name MassDOT as an additional insureds to the extent of

Vendor’s/Contractor’s indemnification obligations under this Contract and in the amounts set forth above. Vendor/Contractor must submit the endorsement demonstrating the specified additional insured status for each insurance policy for which such endorsement is required.

iv. All casualty insurance policies except for workers compensation, shall be endorsed to provide that, with respect to claims against MassDOT, Vendor’s/Contractor’s insurance policies shall be primary and insurance maintained by MassDOT shall be excess and non-contributory.

v. All insurance policies required above shall be endorsed to waive the insurer’s rights of subrogation against MassDOT but only to the extent of

Vendor’s/Contractor’s indemnification obligation under the terms of this

Contract; it being the intent of both parties that the waiver of subrogation shall not apply to any loss, claim, damage, injury, cost or expense arising from the gross and willful negligent acts or omissions of MassDOT. The workers compensation policy must be specifically endorsed as such.

vi. All policies required above shall provide MassDOT with 60 days written notification of cancellation. All policies must be endorsed as such.

vii. Vendor/Contractor shall provide certificate(s) of insurance evidencing such coverage to MassDOT prior to the date on which Vendor/Contractor executes and delivers this Contract and not less than fifteen business (15) days after the renewal date of any such insurance without lapse in coverage. Such certificate(s) shall indicate (i) the name and address of the insured and the name of the insurer,

(ii) the policy period, (iii) that such insurance shall not be subject to cancellation, or non-renewal by either the insurance company or Vendor/Contractor unless thirty (30) days prior written notice is provided to MassDOT , (iv) the details of coverage, including limits of liability, (v) a waiver of all rights of subrogation with respect to each policy against MassDOT and its bond trustees and mortgagees, and (vi) a statement that each policy includes MassDOT as additional insureds as their interests may appear on the insurance policies required in subsections (b), (c), (d), and (vii) a statement that with respect to claims made against MassDOT, Vendor’s/Contractor’s insurance is primary and any insurance maintained by MassDOT shall be excess and non-contributory.

MassDOT is entitled to rely upon the information provided in any such certificate(s) and Vendor/Contractor is responsible for the accuracy and validity of such information.

C. RFR REQUIRED SPECIFICATIONS

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the MassDOT 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.

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html currency. All responses must be submitted in accordance with the specific terms of this RFR.

Items with the text, " Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for

Human and Social Service.

Commbuys: COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at http://www.commbuys.com. Information contained in this document and in each tab of the Solicitation, 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 Response based on an out-of-date Solicitation 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 subscription 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/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 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:

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 http://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 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 http://www.mass.gov/sdo http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html http://www.mass.gov/SDP 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.

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

http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

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 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 as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the 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 or attached to the PPD form.

Public Records: All responses and information submitted in response to this RFR are subject to the

Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

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.

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

RFR. The SST reserves the right to reject unreasonable requests.

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.

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

End of Document