CutawayBus_Final RFR.docx

REQUEST FOR RESPONSE

20’ to 25’ Cutaway Bus with Wheelchair Lift RFR # CHE_Bus / COMMBUYS Bid# BD-15-1368-CHE01-CHE01-00000002044

ISSUE DATE: 10/23/2014

1. Description or Purpose of Procurement:

The Solders’ Home in Chelsea is seeking quotes for a 2015, 20’ to 25’ Cutaway Bus. The Soldiers’ Home is requiring a wheel chair accessibility bus with non CDL licensures to transport our Veterans at the Soldiers’ Home.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

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

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

5. Entities Eligible to Use the Resulting Contract

· Department of Veterans Services

· Soldiers’ Home in Holyoke

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation. Any estimates or past procurement volumes referenced in this Solicitation is included only for the convenience of Bidders, and is not to be relied upon as any indication of future purchase levels.

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Expected Duration of Contract is one time purchase. The duration of any contract resulting from this RFR shall be for one year, with four options to renew up to one year each (including the initial term and all possible renewal options) with a maximum end date of November 30, 2019.

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $75,000.00

The vehicle pricing included in the Bidder’s Response must include delivery to Chelsea Soldiers’ Home. Additional delivery charges (if applicable) to other states or entities interested in purchasing from this contract may be negotiated separately with those entities.

8. Contract Performance and Business Specifications:

Bidder Qualifications

The Bidder must be the manufacturer or authorized dealer for such a manufacturer of the vehicle it proposes to furnish. The manufacturer or authorized dealer for such a manufacturer of the vehicles will be considered only if such manufacturer or authorized dealer is a person, firm, or corporation which:

· Has been engaged in the manufacture and advertised sales or has been an authorized dealer for such a manufacturer of the buses proposed, for a period of not less than five (5) years; and

· Has an operation or is an authorized dealer for a manufacturing facility adequate for, and devoted to, the manufacture or sale of compact buses with sufficient capacity to assure the delivery of all vehicles in compliance with the specifications; and

· Has adequate engineering and test facilities and necessary equipment to make all required tests or access to same.

9. Small Business Purchasing Program This is a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

10. Supplier Diversity Plan (SDP) Plan Standard SDP Language is included in the RFR – Required specifications.

11. Environmentally Preferable Products 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.

12. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. The following criteria will be evaluated for award consideration, Price, References, and Warranty.

13. Instructions for Submission of Responses:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

14. Estimated Procurement Calendar

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

15. Required Forms Responses to this RFR must contain the following documents

The above attachments are available as attachments as part of the Bid record on WWW.COMMBUYS.COM.

16. RFR Attachments Appendix A: Required Specifications Bidder shall supply a fully dimensioned layout of the vehicle with the bid. The bus must be a Non-CDL Vehicle which holds less than 16 passengers including the driver.

Minimum Bus Chassis & Body Specifications

· 12 Ambulatory or 4 Wheelchair Bus or Combination

· 2015 dual wheel cut-away, dual rear wheels with rear mud flaps

· 159” Wheelbase

· Engine MFI V-8 Gas

· Automatic transmission

· Heavy duty cooling

· 70,000 BTU Rear A/C with dual compressors

· Hydraulic brakes, disc front, disc rear and power ABS

· Heavy duty alternator (225 amp, 12 volt)

· Radial tires, LT225/75R16D all season

· Power steering

· Battery, 600 CCA minimum

· 35 gallon fuel tank

· Driveline guards

· Dual horns

· Gauge package

· Tinted windshield

· Front heater defroster

· Two speed intermittent wipers and washers

· Front stabilizer bar

· Seating – 12 ambulatory, 6 foldaways

· Seat restraints for all passengers

· Rear door full glass

· Full body insulation 1 ½” thick, minimum

· Flat floor

· Plywood Subfloor

· Black rubber floor covering

· Black ribbed rubber step tread

· Black ribbed rubber center aisle

· 36” x 36” T-Slider windows (T-Slider at Top)

· One egress window each side, include lights & buzzers

· Interior dome light, driver dome light with separate switch

· Electrical panel above driver compartment with door and separate glove box above driver door

· Step well light

· 6” x 16” Interior mirror

· Right hand entrance grab rail

· Upgrade exterior mirror package (Velvac in lieu of Rosco)

· 65,000 BTU Rear heater

· Mid-back seats w/seat retractable seat belts

· Arm rests at aisle

· Grab handles on seat back, aisle seats

· Level five upgrade vinyl

· Fully automatic wheelchair lift (Braun NCL917 or equal)

· Four Q-straint retractable wheelchair tie-downs

· ADA compliance (Brake interlock, decals or lights)

· Four storage bags for wheelchair tie-downs

· Deluxe driver’s seat (recline)

· AM/FM/CD with 4 speakers

· Body and chassis undercoating

· First aid kit: Massachusetts specs

· Safety package (reflector flare kit & 5lb fire extinguisher)

· Electric double-leaf entrance door

· Emergency door buzzer and pilot lamp

· Interior paint white

· Backup alarm

· Specialty roof hatch with buzzer

Appendix B: Electronic Quote Submission Instructions Please submit quotes through Commbuys, www.commbuys.com Appendix C: Proposal Document, under bidders tab. Additional copy is on the last page of RFR.

Appendix D: RFR – Other Specifications Additional Bid Submission Requirements:

In additional to required information as exhibited in the specification, the bidder shall also provide:

· Warranty data of chassis, body and all sub-components.

· Specifications of the proposed engine, transmission, and chassis.

· Make, model and operation characteristics of the engine high idle system.

· Nature of auxiliary transmission oil cooler.

· Specifications of the proposed braking system.

· Specifications of the proposed suspension system.

· Description of the bus body electrical system including a complete wiring schematic manual on “cd”.

· A complete bus body and sub-component parts manual specific to the proposed vehicle on “cd”.

· Details of the proposed heating system including literature.

· Details of the proposed air conditioning system including literature.

· Details of the bus body construction including fully dimensioned CAD engineering prints, the materials used including size and gauge, and a worded description of the bus body construction procedure.

· Details of the bus body water test procedure.

· Complete description of the proposed seats and track seating securement methods.

· A fully dimensioned floorplan portraying the arrangement of seats, passenger assists, modesty panels, and doorways.

· A weight analysis worksheet exhibiting individual wheel and axle weights. The weight analysis shall be applicable to the vehicle bid and shall exhibit compliance with weight limitations of the chassis manufacturer.

· Details of all passenger compartment window construction, placement and size.

· Certification of compliance with applicable FMVSS requirements.

· FMVSS 220 and 221 independent engineering test documentation supporting compliance with this standard.

· Documentation describing the manufacturers “in plant” quality assurance procedures and provisions.

· The Altoona test of the proposed vehicle relative to “Bus Testing”.

· A statement of certification of compliance with the chassis manufacturers “qualified vehicle modifiers” program.

· A recommended service and maintenance schedule of the chassis, body, and sub-components.

REFERENCES

Bidder must provide four (4) commercial or governmental fleet client references. A reference letter shall be submitted on client’s letterhead by the Bidder. The reference letter shall include the name, address, contact person, telephone number, months and years of service and a brief narrative including volume of sales for each customer indicated as a reference. Additionally references should include information on turnaround time for deliveries and overall customer service. References must be for clients or customers to whom goods and services were provided. It is required that the client references demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. If references cannot be supplied by client on client letterhead, submitting client’s name, address, contact person, telephone number and months and years of service will be accepted, but not preferred. References including agency name, contact, phone number, and date delivered. If a Bidder receives an unfavorable reference recommendation it may result in a Bidder being disqualified from this RFR. A Bidder’s prior business relationship with the Commonwealth will always be considered in this section, whether offered as a reference or not. Poor prior performance may result in no points being assessed in the evaluation of this section, regardless of the score assessed by Dun & Bradstreet. Prior performance will have a significant impact on the SSST’s determination of whether a Contract award is in the best interest of the Commonwealth.

WARRANTY, SERVICE AND DELIVERY

Warranties Bidders must include comprehensive information in their bid on the Standard Warranty for any vehicles bid. Bidders must also include any and all information regarding Extended Warranties, including any additional cost associated with the Extended Warranty and any discounts being proposed on that cost by the Bidder. Bidders should include the pricing information on the Extended Warranties on the options tab of the “Price/Cost Proposal Sheet.” Buyers reserve right to speak directly with manufactures representatives if necessary to receive warranty benefits.

Availability guarantees of service, service parts, accessories and supplies Bidders are responsible for including in their bid any and all availability guarantees. Additionally, it is the responsibility of all bidders to include all limitations of availability relating to vehicles, service, parts, accessories, supplies, etc. which are known or should have been known to the Bidder.

Service Specifications

· The Awarded Contractor will be responsible for supplying vehicles that they are awarded per the specifications established in this RFR. Eligible Entities may purchase from any contract award resulting from this RFR so long as that Contractor has an adequate supply of vehicles to fulfill the requirements of the Commonwealth as well as the Eligible Entity. Bidders must be able to provide warranty repairs and maintenance service to their bid vehicle.

· The Awarded Contractor must be able to maintain adequate delivery schedule times.

· Deliveries to locations will only be accepted Monday through Friday, excluding State and local Holidays, between the hours of 8:30 a.m. and 4:00 p.m. unless prior arrangements have been made with the purchasing entity.

· Upon delivery, all vehicles shall include, at a minimum, three (3) sets of operable keys and be cleaned, serviced, and ready for immediate use in accordance with the manufacturer’s pre-delivery service.

· All vehicles must be delivered either to 91 Crest Avenue, Chelsea, MA or sites designated by procuring departments. Vehicles must be delivered in new condition, “detail” cleaned and free of mileage (less than 100 miles).

· The bidder should upon submittal of bid, state in detail the warranty provisions offered covering his proposed vehicle(s) and all optional equipment.

· All warranty and after sales service must be available within 40 miles of the procuring agency. The bidder should provide the names and locations of authorized service representatives that can perform work on the vehicle(s) chassis, body, and wheelchair lift. All parts will be available within 36 (thirty six) hours of being requested. Availability and ease of warranty and after sales service will be taken into consideration in awarding bids.

· Time and mileage on the warranty shall be stated as commencing from the date vehicle is placed into service. Prior to delivery, each vehicle shall be completely serviced by the contractor or by an authorized dealer of the manufacturer.

· Service shall include not less than the following: lubrication, wash, engine tune-up, wheel alignment, body condition and all other checks and adjustments required for proper complete servicing of a new vehicle. Particular attention shall be given to door alignment, weather stripping, hardware and paint condition. It shall be the contractor’s responsibility to ensure that all components and accessories specified have been properly installed.

· All fluids including the vehicle crankcase, differential, and transmission shall be filled to the manufacturer’s recommended capacity and the fuel tank must be full when the vehicle arrives at the final delivery destination. The vehicles shall be free from defects when delivered. The vehicles will be inspected before acceptance by an authorized representative of the Purchaser for workmanship, appearance and proper functioning of equipment. If any deficiencies are found, the Contractor will have three days to correct the problem unless that time is extended in writing. If the deficiencies are not corrected within this time frame, the vehicle will be deducted from the invoice and payment will not be made until corrective action is taken. Once the deficiencies are corrected, the vehicle must be re-inspected prior to acceptance. If the Contractor fails to take corrective action within a reasonable amount of time, the Commonwealth may choose to reject the vehicle.

BODY WARRANTY

Manufacturer will provide a minimum of 1 year on 12,000 miles parts and labor warranty to cover all components and parts on the vehicle. It is the purpose of these specifications to provide a bus body that will provide many years of service. The manufacturer shall warranty the bus body structure for a period of at least 5 years or 75,000 miles. The bus body shall be warranted against corrosion for the intended useful life (7 years / 200,000 miles as depicted by the Altoona Test) of the vehicle.

WHEELCHAIR LIFT EQUIPMENT

The wheelchair lift shall be of the platform type and shall meet FMVSS 403, 404, and all ADA regulations. The lift shall be the Braun NCL917 or equal. Lift shall be of welded steel construction. The design shall be a double “C" channel parallel arm construction providing rigidity without depending on the vehicle body for alignment. The lift shall have been tested to a static load of 2400# while having an operating capacity of 800 pounds. The power lifting system shall be electro-hydraulic in nature, operating two single acting hydraulic cylinders. The cylinders shall have a piston diameter of 1.5 inches. The lift shall have no cables, chains, ball screw extractors, sprockets, or pulleys. The hydraulic system shall be a gravity down design. The operation of the lift shall provide a smooth jerk-free ride in both up and down directions. The platform surface shall be of see through grating and shall have a usable width of 34" and a length of 51". The lift shall be fully automatic in operation. The platform shall be unfolded, lowered, raised, and stowed solely by the two single acting hydraulic cylinders. The lift shall provide complete manual operation of all cycle functions by means of a single manual release valve and hand pump. The lift shall incorporate a dual handrail and a retractable platform "occupant restraint" belt system. The dual handrails shall not reduce the width of the platform.

The wheelchair lift shall be electrically interlocked with the transmission shift, the parking brake, and the wheelchair access door to ensure that the vehicle cannot be moved when the lift is not stowed. The interlock system shall be manufactured by “Intermotive” or equal. The system shall offer “plug and play” compatibility with the chassis and shall incorporate an LED light panel in the dash area to acknowledge activation of components of the interlock system. The interlock system shall prohibit movement of the transmission shift lever while the parking brake is applied. Activation of the interlock system shall also automatically energize the flashers.

The wheelchair lift shall be installed and bolted through a minimum 12 gauge steel plate welded to the bus body floor structure. To minimize wheelchair lift tower sway, there shall not be floor rubber under the lift platform / the lift platform shall not be bolted through the floor rubber.

WHEELCHAIR ACCESS DOORS

The wheelchair lift door shall be located curbside rearward of the drive axle.

Door opening dimension shall be a minimum of 46" x 69". The door frame shall be constructed of minimum 14 gauge galvannealed steel or stainless steel powder coat painted white to match the exterior of the bus. Dual panel doors are required and shall be held open by the utilization of over-center springs and retained in the closed position by a three point latching system. Door retaining latches shall be easily adjustable to compensate for wear. To ensure a secure door latching system, both door panels shall incorporate dead bolt latching systems. The door shall be lockable from the exterior with a key. A door ajar warning light and buzzer shall be located in the drivers area. The lift doors shall incorporate windows tinted to 31% light transmittance. The windows shall be installed in black powered or anodized aluminum frames and shall be a minimum of 7” wide and 30” high.

Doors are to be constructed of 14 gauge galvannealed steel framing and exterior skin consistent with the bus body construction. Lift doors shall pivot on full length “piano” style hinges and shall be insulated with high density foam. The door perimeter seal shall be of the two step flanged style incorporating two perimeter rubber seals to ensure a water tight seal.

Illumination of the wheelchair lift platform shall be accomplished with flush mounted 4” sealed beam exterior lights located below floor level. The exterior light shall activate when the doors are opened to illuminate the wheelchair loading or unloading area.

Wheelchair lift doors shall incorporate a light on the dash to indicate that the doors are not closed. An interior light above the door header shall activate when the doors are opened to illuminate the wheelchair loading or unloading area.

The proposed vehicle shall be in total compliance with all applicable American Disabilities Act (ADA) regulations. All required ADA decals relative to signage and priority seating shall be supplied.

WHEELCHAIR SECUREMENT AREA

Wheelchair securement areas must have a clear floor area of 30" by 48" (ADA 28.23.d.2). Wheelchair positions mounted aft of passenger seats shall not protrude under the seats. Seats mounted forward of a wheelchair position shall not intrude into the vertical plane of the wheelchair placement area.

Wheelchair restraints shall be the “Q’Straint Q-5001T” system / or equal. The securement system shall secure the wheelchair and occupant in a forward facing manner. A track mounted wheelchair occupant belt shall also be provided. A retractable shoulder harness to comply with current A.D.A. criteria is required for each wheelchair position.

The securement tracks shall be aluminum and shall be recessed flush with the finished floor. A wall mounted storage container shall be installed near the wheelchair placement area to contain the wheelchair securement belts when not in use.

BIDDER SHALL INCLUDE A LIST OF AVAILABLE OPTIONS TO INCLUDE:

RFR - REQUIRED SPECIFICATIONS

General Information:

Issue Date: March 24, 2014

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.

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

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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

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

· Any Bid Q&A records related to this Bid.

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

COMMBUYS 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. 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.

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:

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

· 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.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

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.

Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

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 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.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

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.

Provider Data Management. Required for POS Only. Not applicable to non-POS bidders. The Executive Office of Health and Human Services (EOHHS) has established a Provider Data Management (PDM) business service that is integrated into the Virtual Gateway. PDM is accessible by providers with current POS contracts. Departments may require that bidders with current POS contracts submit certain RFR-required documents through PDM. These documents have been specified in the RFR. When submitting documents via PDM, bidders are required to print and sign a PDM Documentation Summary. PDM users should verify that all information is accurate and current in PDM. Bidders are required to include the signed PDM Documentation Summary in their RFR response.

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.

Reasonable Accommodation.