DAC-HOTLINE19.doc

Commonwealth of Massachusetts

Disabled Persons Protection Commission

Request for Response (RFR):

Abuse Reporting Hotline Answering and Processing Service

Project Title:

Disabled Persons Protection Commission (DPPC) Hotline Answering Service

RFR Number:

DAC-HOTLINE19

Purchasing Department:

The Commonwealth of Massachusetts

Disabled Persons Protection Commission

300 Granite Street – Suite 404 Braintree, MA 02184

Contact:

John W. Brown, Director of Administration & Finance / CFO

(857) 403-0220

(617) 727-6469 Fax

E-mail john.brown@massmail.state.ma.us Response Due:

Friday May 25, 2018 by 5PM Contract Period:

July 1, 2018 through June 30, 2019 with a one (1) year agency option to renew; total of two (2) years.

Maximum Funding Obligation:

No maximum obligation; this procurement will result in a fee-for-service contract.

Summary:

The DPPC is seeking a Call Answering and Processing Service to accept and process calls for its Abuse Reporting Hotline. Incoming calls are to be answered by a live Operator using a script approved by the DPPC. All information provided by the caller will be documented via we based access to DPPC database. Calls must be digitally recorded. Based on the specific circumstances of the call, when an emergency exists, the DPPC on-call staff person will be contacted by telephone and a copy of the report will be simultaneously emailed to the on calls staff person.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR.

1. Description or Purpose of Procurement:

The DPPC is responsible for protecting vulnerable individuals with disabilities between the ages of eighteen (18) and fifty-nine (59) years from abuse by their caretakers. In its effort to accomplish this protection, the DPPC maintains a 24-hour Abuse Reporting Hotline and may conduct protective service investigations and develop recommendations to remedy risk to victims of abuse.

The DPPC is seeking a Call Answering and Processing Service to accept and process calls for its twenty-four (24) hour Abuse Reporting Hotline. The Hotline receives reports alleging abuse of individuals as well as reports of deaths of individuals with disabilities via a toll-free telephone number. Situations reported may include information indicating a disabled person is at risk of imminent serious injury and/or the caller may be emotionally upset. In addition, callers may require special equipment (i.e. TTY) or have cognitive limitations or impairments making it difficult to communicate, which may require Hotline operators to possess specific training or skills.

Incoming calls to the DPPC Hotline will be forwarded to the Call Answering and Processing Service primarily during non-business hours (weeknights, weekends, and Commonwealth of Massachusetts holidays). Calls will also be forwarded to the Service during business hours for meetings and unplanned office closings, including weather emergencies or power outages.

The Service will document specified (scripted questions) information for all calls received via web based access to the DPPC’s database. All calls will be digitally recorded. This information will then be processed in a manner set out by the DPPC. For routine reports when no imminently dangerous situation is identified the reports will be entered into the DPPC database and reviewed by DPPC staff. A daily activity report that includes all call information, including calls types and hold times will also be forwarded to the DPPC via e-mail at 9:00 A.M. daily. For situations that meet the criteria to be considered emergencies, a designated DPPC on-call staff person will be contacted immediately following the receipt of the report and a copy of the report will be emailed simultaneously after regular DPPC business hours, on weekends and holidays or as requested. The Service will provide written documentation to the DPPC for each report received and will make available the digital recordings as needed. DPPC and the Service will develop specific procedures that detail the process.

The DPPC Hotline receives approximately 16,000 calls annually, (8,000 received by the after hours vendor) including abuse reports, death reports and requests for information. The DPPC Policy and Procedure manual outlines the manner in which these reports are to be addressed. Copies of the relevant procedures from DPPC’s Policy and Procedural Manual are available to interested parties for the purpose of responding to this RFR.

2. Acquisition Method:

Fee for service

3. Single or Multiple Contractors Required:

Single contractor required.

4. Single or Multiple Departments:

Only the procuring Department may contract under the RFR.

5. Expected Duration of Contract and any Renewal Options:

Duration is July 1, 2018 through June 30, 2019 with a one (1) year option to renew for a total potential contract term of two (2) years.

6. Anticipated Expenditures, Funding, or Compensation:

Contract will be fee for service and will not have a maximum obligation.

7. Contract Performance Specifications:

The selected Contractor will provide call answering and processing services according to the procedures described in an agreement with the DPPC. Required service capabilities and characteristics are as follows:

· Ability to accept both voice and TTY calls

· Ability to accept calls originating in the DPPC’s Braintree office and sent to Call Answering Service by Call Forwarding to a toll free number and provide a local DID

· All calls, both TTY and voice answered within ten seconds and by a live operator within 20 seconds

· Hold time not to exceed 30 seconds

· Calls, both TTY and voice, answered with DPPC’s own greeting

· Ability to answer calls twenty-four hours per day; DPPC anticipates using the service primarily, but not exclusively during non-business hours

· Ability to digitally record calls, store recordings and based upon DPPC’s retention policy archive recordings

· Ability to retrieve digitally recorded calls, and provide to DPPC within 24 hours of request.

· Ability to identify caller’s individual communication requirements and match them with trained personnel

· Operators will follow a computer assisted script for accurate and consistent call processing.

· Ability to facilitate training by DPPC staff to the Operators directly, prior to Operators taking calls for the DPPC

· Operator able to make and receive telephone calls to/from on-call DPPC staff and other relevant persons as part of processing calls

· Operator has access to email client in order to email emergency reports to on call staff

· Ability to email reports designated as emergencies to on-call staff immediately upon being designated as an emergency

Ability to e-mail a detailed activity report at 9:00 A.M. daily. Report will include, but is not limited to, statistics on number of calls received during daily service period, staffing levels, answer time, hold time and abandoned calls

· Ability to provide a detailed/itemized monthly invoice, including a detailed activity/statistical report

· Ability to designate a single individual as the DPPC’s account manager

These performance specifications will be incorporated into the DPPC’s contractual agreement with the successful bidder, and will be subject to monitoring by DPPC throughout the course of the contract. Should the Contractor’s performance fall below these service characteristics and requirements, the Contractor will be subject to a warning, progressive discipline and/or penalty as determined by DPPC in conjunction with the Commonwealth of Massachusetts Operational Services Division. Continued failure to meet these service characteristics and requirements may result in termination of this contract.

8. Instructions for Submission of Response:

· Cover page, including the RFR number; the RFR short title; and name, address, telephone number, fax number, and e-mail address of bidder

· Bidder narrative statement summarizing interest in qualifications for this contract. Statement should include, but not be limited to, the following:

· Overview of the organization size and capacity (approximate number of clients, approximate number of calls per 24-hour period, number of operator working each shift, ratio of supervisors to operators on overnight shifts, and so forth)

· Telecommunications equipment, including redundancies and protection against service interruptions

· Means of meeting DPPC’s service needs: equipment to be used (including provisions for answering TTY calls, number of TTYs available, ratio of operators to TTYs, and related information), operator training, any ongoing supervision and monitoring activities, designation of dedicated operators, supervisors, coordinators, and account managers, and so forth

· Special experience, background, and qualifications for providing emergency service

· Proposed rate schedule, which will include all charges likely to be incurred in delivering the services described in this document. Rates should be itemized for charges including but not limited to:

· Basic monthly or periodic charge, which is independent of usage

· Charge for answering incoming calls and making outgoing calls, including method of computing charges

· Faxing/reporting/delivery charges

· Charges incurred due to DPPC initiated scripting or procedural changes

· Set-up and/or activation charges

· Any expected modifications to these rates during the contract term

· Minimum of three references form businesses or agencies requiring similar services; at least one reference with TTY callers strongly preferred; at least two references must be current customers

· Bidder certification by the State Office of Minority and Womens Business Assistance (SOMWBA), if applicable

· Bidder to provide written confirmation affirming compliance with rules governing and consistent with The Commonwealth of Massachusetts Executive Order 504

· Bidder to provide written plan for continuity of operations and contingency plan during emergency situations

Contractor Qualifications:

· Experience providing call answering and processing services; five or more years experience preferred

· Experience providing emergency call answering services; five or more years experience preferred

· Current experience providing service to TTY callers

· Prior service to a Commonwealth of Massachusetts public sector agency strongly preferred

· Location within Massachusetts strongly preferred

· Single facility location preferred

9. Deadline for Response and Procurement Calendar:

The tentative calendar of events associated with this procurement is as follows:

April 17-20, 2018

RFR Posted on www.Comm-Buys.com

May 25, 2018

Proposals due by 5:00 pm

May 28, 2018

Evaluation of proposals begins

June 15, 2018

Contract award announced

June 15-22, 2018

Additional contract terms negotiated

June 23-30, 2018

Contract documents signed

July 1, 2018

Contract begins

10. Proposal Evaluation Proposals containing all required components listed in section 8, above, will be deemed “responsive.” All non-responsive proposals will be eliminated from further consideration. A team of DPPC staff will review responsive proposals. The proposal team will rate and rank proposals that meet basic minimum selection criteria using the scoring listed below. Selected bidders may be requested to provide a presentation and/or tour of their facilities. Final grant awards will be contingent on approval by the Commissioners of DPPC.

Scoring criteria (0 to 4 points each):

· Bidder has desired/required general and emergency experience

· Bidder has desired/required TTY experience

· Bidder possesses adequate organizational, staff, and equipment capacity

· Bidder’s plan for training and monitoring operators is adequate

· Bidder is willing to designate a single account manager/coordinator

· Bidder’s proposed means of meeting DPPC service needs is responsive and adequate

· Bidder’s list of cost categories is comprehensive

· Bidder’s rates and reasonable and appropriate, including any charges in subsequent contract years

· Bidder’s references are satisfactory

· Bidder possesses SOMWBA certification

· Unannounced calls to Bidder’s service are answered promptly and appropriately

· Bidder’s presentation and/or facility tour is satisfactory

· Bidder’s written confirmation affirming compliance with rules governing and consistent with The Commonwealth of Massachusetts Executive Order 504

· Bidder’s written plan for continuity of operations and contingency plan during emergency situations

11. Additional Information:

(a) No bidder’s conference is offered.

(b) The bidder is responsible for any and all costs associated with the preparation of the RFR response.

(c) This RFR is posted on the Internet on CommBuys, the Commonwealth of Massachusetts Procurement and Solicitation System. It is the responsibility of the bidder to check CommBuys for any changes to this RFR. The Internet address of Comm-Buys is: http://www.commbuys.com.

(d) All RFR responses become the property of the Commonwealth of Massachusetts Disabled Persons Protection Commission.

(e) All materials developed by the winning Contractor under this contract such as handouts, outlines, mailing lists, workshop agenda, publicity notices, and other materials will remain the property of the Disabled Persons Protection Commission.

(f) In the event that no bidder possesses all of the qualifications outlined in this RFR, DPPC will consider the most qualified of the bidders.

12. Required Specifications

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. 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. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs 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 Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified contractors to fulfill their own SDP expenditure benchmarks. M/WBE 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.

This RFR will contain some or all of the following components as part of the Supplier Diversity Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Ancillary use of certified M/WBE firms,

· Growth and Development activities to increase M/WBE capacity, A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the Supplier Diversity Office (SDO). All certified businesses that are included in the bidder’s SDP proposal are required to submit an up to date copy of their SDO certification letter. The purpose for this certification is to participate in the Commonwealth’s Supplier Diversity Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SDO certification, contact their office at 1-617-502-8851 or via the Internet at mass.gov/SDO.

Supplier Diversity Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

Best Value Selection and Negotiation. The Procurement Management Team (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 PMT 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 PMT 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.

CommBuys. CommBuys is the official system of record for all procurement information which is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in each tab of the Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via CommBuys, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support Bidder submission of written questions associated with a Solicitation and publication of official answers. All records on CommBuys are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs. Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

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

· Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the Solicitation’s Summary tab, and

· Any Bidders’ Forum records related to this Solicitation (see Locating a Online Bidders’ Forum for information on locating these records.

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.

Comm-Buys SmartBid Subscription. Bidders may elect to obtain an optional SmartBid subscription which provides value-added features, including automated email notification associated with postings and modifications to CommBuys records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within CommBuys for efficient record management

· A customizable profile reflecting the subscriber’s product/service areas of interest

· A customizable listing in the publicly accessible Business Directory, an online “yellow-pages” advertisement

· Full-cycle, automated email alert whenever any record of interest is posted or updated

· Access to Online Response Submission, when allowed by the Issuer, to support:

· paperless bid drafting and submission to an encrypted lock-box prior to close date

· electronic signature of OSD forms and terms; agreement to defer wet-ink signature until Contract award, if any

· withdrawal of submitted bids prior to close date

· online storage of submitted bids

Every public purchasing entity within the borders of Massachusetts may post records on CommBuys at no charge. CommBuys has the potential to become the sole site for all public entities in Massachusetts. SmartBid fees are only based on and expended for costs to operate, maintain and develop the CommBuys system.

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. 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 State Purchasing Agent at 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 State Purchasing Agent 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 State Purchasing Agent 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 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 PMT, including requests for clarification. The PMT 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 PMT 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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· All copies should be printed double sided.

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

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

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

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

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

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 Bid Duration. Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

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 under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT 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 PMT 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. 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 PMT 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.

13. Required Attachments

The following attachments are required to be completed when submitting a bid for the above RFR:

(a) Standard Contract Form

(b) Commonwealth Terms and Conditions

(c) W-9 (Massachusetts Substitute W-9 Format)

(d) Consultant Contractor Mandatory Submission Form (if applicable)

(e) Authorization for Electronic Funds Payment (EFT)

(f) Written confirmation affirming compliance with rules governing and consistent with The Commonwealth of Massachusetts Executive Order 504

(g) Business Reference Form

(h) Contractor Authorized Signatory Form

(i) Environmentally Preferred Products or Practices (EPP) Form

(j) Supplier Diversity Program (SDP) Form

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