DCF BOOKS2019 RFR.doc

Request for Response (RFR)

RFR Title: Book Distributors ASK "RFR Number/Document Number" \* MERGEFORMAT RFR Number: DCF BOOKS2019 September 20, 2019 The Department of Children and Families (DCF) is seeking responses from vendors experienced in providing books and other educational materials pertaining to, but not limited to, child welfare, health and social services, skill development, and management growth and other library resources that may be required by the Department.

TABLE OF CONTENTS

SECTION 1

PURPOSE OF PROCUREMENT AND BACKGROUND DESCRIPTION……………………..3

SECTION 2

PERFORMANCE AND CONTRACT SPECIFICATIONS………………………………….…..……3

Qualification of Vendor

Service Requirements

Performance Requirements

SECTION 3

RFR GENERAL DESCRIPTION INFORMATION………….………………………………….……..4

Issuing Entity, RFR Distribution and Contact Information

COMMBUYS Market Center

Acquisition Method

Single or Multiple Vendors

Single or Multiple Department Use

Anticipated Duration of Contract Including Renewal Options

Anticipated Expenditures, Funding or Compensation for Expected Duration

Procurement Calendar

SECTION 4

FISCAL SPECIFICATIONS…………………………………………………………………………..……..7

Payment and Fiscal Reporting Requirements

Invoice and Payment Specifications

SECTION 5

SERVICE SPECIFICATIONS……………………………………………………………………….….…..7

RFR Forms

Supplier Diversity Program (SDP)

SECTION 6

RESPONSE REQUIREMENTS………………………………………………………………….....…….9

Response Submission Requirements

Submission Deadline

Submission Location

Electronic Proposal Submission Format

Page Limits and Attachments

Bidder’s Response

SECTION 7

REVIEW PROCESS…………………………………………………………………………………...…….10

Compliance with Submission Requirement

Review Team

Preliminary Reviews

Evaluating and Rating

SECTION 8

BUSINESS SPECIFICATIONS………………………………………………………………..……..……12

Electronic Funds Transfer (EFT)

Prompt Payment Discount (PPD)

SECTION 9

CONTRACTING POLICIES………………………………………………………………………………..14

Mandatory Contract Provisions

Vendor’s Contact Information

SECTION 10

PROPOSAL REVIEW AND EVALUATION PROCESS……………….…..………….……..…..15

RFR-ATTACHMENTS

RFR Response Sheet Office Directory

SECTION 1

PURPOSE OF PROCUREMENT AND BACKGROUND DESCRIPTION

The Department of Children and Families (DCF) is seeking responses from vendors experienced in providing books and other educational materials pertaining to, but not limited to, child welfare, health and social services, skill development, and management growth and other library resources that may be required by the Department. The goal is to contract with vendors who will ensure timely delivery of requested commodities to various DCF offices across the Commonwealth. The scope of services for this contract may be adjusted by DCF during the life of this procurement to encompass changes in technology and to take advantage of any changes and products offered by the vendor(s). Unless otherwise specified, the Department will require physical books. The selected vendor(s) will be responsible for arranging direct delivery via mail or other carrier services to the various locations as requested by the Department.

SECTION 2

PERFORMANCE AND CONTRACT SPECIFICATIONS

2.1 Qualifications of Vendor

To be considered, all bidders must meet the minimum standards set forth below:

· Vendor has been in the business of providing books and other educational items for at least 3 years

· Vendor has experience providing similar services to buyers of a similar size and covering a similar scope 2.2 Service Requirements

Bidder must be able to meet the following standards throughout the contract duration:

· Purchase and arrange for direct delivery of titles

· Purchase international titles with no surcharge for currency exchange

· Perform all administrative tasks associated with the purchase and on time delivery

· Respond to a request for a price quote within 2 business days of notice from the Department

· Include all applicable taxes, fees, and other expenses including shipping and handling in quotes

· Provide an estimated delivery date within 2 business days, once an order is placed

· Enclose a packing slip with each order

· Ship all items Freight On Board – Destination

· Provide status reports within two weeks of order for titles cancelled, out of stock, or backordered, explaining the reason for cancelation

· Offer phone and/or online client support

· Replace any items lost or damaged while in transit at no additional cost to DCF

· Deliver only the items ordered not substituting any item without prior written approval by DCF

· Identify a primary point of contract who will be named the Account Manager for the term of the contract for contract management purposes

2.3 Performance and Contract Management

The Department of Children and Families is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the vendor’s performance to ensure the contract is in compliance with what has been requested and what the vendor has offered in this RFR. The Department of Children and Families will monitor the following performance areas for compliance with contract requirements:

· Timely delivery (including, but not limited to, commodities, reports, billing)

· Responsiveness to Departmental inquires

· Timely notification of cancelled, out of stock, or backordered items, and providing the explanation

· Quality of deliverables (including, but not limited to, commodities, reports, billing)

· Performance targets and benchmarks (including, but not limited to, quantities, outcomes)

· Participation in meetings as requested DCF shall negotiate with vendors any requirements not set forth in this RFR.

SECTION 3

RFR GENERAL DESCRIPTION INFORMATION

3.1 Issuing Entity, RFR Distribution and Contact Information

Issuing Entity: Department of Children and Families

RFR Title: Book Distributors

RFR Number: DCF BOOK2019 Procurement Category: Reading books and resources UNSPSC Code: 60-10-23 Contact Person: Dan Shibilia

Address:

Department of Children and Families

600 Washington Street, 6th Floor

Boston, MA 02111

Email: dan.shibilia@state.ma.us

3.2 World Trade Organization (WTO) Government Procurement Agreement This procurement is subject to the World Trade Organization Government Procurement Agreement, established January 1, 1996, to encourage worldwide trade by ensuring fairness, non-discrimination, and equal treatment of laws, regulations and procedures in the government process. In compliance with the advertising requirement of this agreement, the actual RFR documents for this procurement are being posted on COMMBUYS for at least 40 days prior to the Bid Opening Date (also known as Response Due Date).

3.3 Regulations Governing Procurement

The terms of 801 CMR 21.00: Procurement of Commodities or Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. All communications, responses, and documentation must be in English and all cost figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR. In addition this RFR incorporates relevant provisions of the current Operational Services Division Required Specifications. Any updates or amendments to these Specifications during the life of this procurement are also incorporated.

3.4 COMMBUYS Market Center 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 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 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.

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.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

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

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk 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.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

3.5 Acquisition Method

Any contract that is awarded is fee-for-service. Payment will be made on a Unit Rate basis.

3.6 Single or Multiple Vendors The Department may contract with multiple qualified vendors for this service.

3.7 Single or Multiple Department Use

Only the Department of Children and Families will contract for and purchase services under this RFR.

3.8 Anticipated Duration of Contract Including Renewal Options The initial term of this Contract is up to 3 year(s). In addition, this Contract has 3 options to renew of up to 3 years for each option. The total duration, including the initial term and renewal options is up to 12 years. This contract will terminate no later than June 30, 2031. DCF reserves the right to make awards for a shorter duration when it is in the best interest of the Commonwealth.

3.9 Calendar Rule Type

This is an Open Enrollment Procurement; the procurement may be reopened at DCF’s discretion.

3.10 Amendment, Withdrawal, Cancellation or Re-Opening of RFR

DCF reserves the right to amend, withdraw, cancel or re-open this RFR. Notice of any of these actions will be posted on COMMBUYS. DCF additionally reserve the right, at their sole discretion, to amend the contract to implement state or federal statutory or regulatory requirements, judicial orders, settlement agreements, or any state or federal initiatives or changes affecting DCF, or the contract.

3.11 Anticipated Expenditures, Funding or Compensation for Expected Duration

The total estimated expenditures for this procurement over the potential duration of the contract (up to 12 years with the renewals) is anticipated to be approximately $180,000.00.

Federal funds MAY be used to fund part or all of the contracts resulting from this RFR.

All contracts awarded under this RFR and all amendments and renewals are subject to appropriations, performance of the vendor on an ongoing basis, and the needs of the DCF.

3.12 Procurement Calendar

The following represents best estimates of the timetable that will be followed for this procurement:

RFR posted on COMMBUYS: September 20, 2019

Written Inquiries Due Date: September 30, 2019 at 2:00PM

Questions and Answers to Written Inquiries Posted: October 8, 2019 Response(s) Due: October 30, 2019 at 2:00PM

Review of Responses: Week of November 4, 2019

Anticipated Notification of Selection Decisions: Week of November 18, 2019

Award of Contracts: Week of November 18, 2019

Negotiations: November 18, 2019 – November 30, 2019 Anticipated Start Date of Contracts: December 2019 Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

3.13 Written Inquires Potential Bidders may submit written questions about the RFR to the contact person named in Section 3.1, by email. Questions must be submitted by the date and time specified in Section 3.12 to be considered. DCF will review questions received and at our discretion prepare written answers to questions of general interest. Written answers, if any, will be posted on COMMBUYS as specified in Section 3.12.

3.14 Prohibited Communications

Bidders are prohibited from communicating directly with any employee of DCF or any members of the Procurement Management Team (PMT) regarding this RFR except as specified in Section 3.1 of the RFR. No other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Neither telephone calls, nor faxes, nor texts nor emails regarding this RFR will be accepted. DCF is not bound by any oral comments or representations made by the contact person and/or any other employee of DCF. Bidders may contact the contact person using the contact information provided on the Bid Solicitation page for this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk at commbuys@state.ma.us.

SECTION 4

FISCAL SPECIFICATIONS

4.1 Payment and Fiscal Reporting Requirements

Vendors will be paid utilizing the Commonwealth’s accounting system, Massachusetts Management Accounting Reporting system (MMARS).

4.2 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 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.

4.3 Invoice and Payment Specifications

Vendors must submit an invoice and other documents as negotiated by the 15th of the month following completed orders. Guidance regarding payment and billing will be discussed during contract negotiations.

4.4 Costs

Costs which are not specifically identified in the bidder’s response, and accepted by DCF as part of the 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.

4.5 Reservation of Rights

This RFR does not commit DCF to award any contracts, or to purchase any services if contracts are awarded. DCF reserves the right to accept or reject any and all responses received as a result of this RFR, to negotiate with any or all bidders and bidders selected that are determined qualified, and to cancel in part or in its entirely the RFR if it is in the best interest of the Commonwealth to do so. DCF reserves the right to make contract changes and/or amendments during the term of the procurement as a result of contract monitoring and evaluation. DCF also reserves the right to reconfigure the program model at any time during the procurement cycle.

SECTION 5

SERVICE SPECIFICATIONS

5.1 RFR Forms

All forms and terms included under the Bid Attachments of the COMMBUYS file of this RFR are expressly incorporated herein by this reference and are made a part of this RFR. Bidders should review these forms and terms in detail.

5.2 Geographic Service and Delivery Areas

Bidders must have the capacity to service and deliver to all geographic areas of the Commonwealth.

5.3 Supplier Diversity Program (SDP)

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: 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:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

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

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

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

SECTION 6

RESPONSE REQUIREMENTS

6.1 Response Submission Requirements

A bidder, by submitting a response to this RFR, is affirming its intention to comply with all requirements of this RFR, including, but not limited to, any specialized accreditation, licensing, and quality management.

6.2 Submission Deadline

The deadline for submissions is October 30, 2019 at 2:00 PM. Late responses will not be accepted.

6.2 Right to Modify Deadline

DCF reserves the right to modify the RFR, including the response due date.

6.4 Submission Location

Online response submission via COMMBUYS is required. All Bidders must submit response online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

6.5 Electronic Proposal Submission Format

Responses must be submitted and uploaded using the following format, when documents are printed:

· type-written 11 point Calibri or similar font

· 8 ½ X 11 inch paper, one-inch margins, single spaced

· page numbers in the lower right corner, format of page x of y

· electronic submission must be in MS Word or Excel 2003 or later, or PDF 6.6 Page Limits and Attachments

The bidder’s response shall not exceed 3 pages. Attachments are not included in the page limit.

All pages in excess of a stated page limit will be removed from the bidder’s response. They will not be reviewed or considered during the evaluation process. Attachments must be limited to those specifically asked for in the RFR. An attachment that was not requested will be removed from the response and will not be reviewed.

6.7 Bidder’s Response The bidder’s response must contain the RFR Response Sheet. The RFR Response Sheet identifies the questions to be answered. These documents are located in the COMMBUYS posting of this RFR on the Bid Solicitation page under “attachments”. Bidder inserts its response directly on the RFR Response Sheet under each specific question.

6.8 Style of the Response Packages

Each Response Package shall consist of the documents listed in this RFR. Each Response Package must be submitted as described in Sections 6.5 and 6.6.

6.9 Alterations

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

6.10 Ownership of Submitted Responses

DCF shall be under no obligation to return any responses or materials submitted by a bidder in response to this RFR. All materials submitted by bidders become the property of the Commonwealth of Massachusetts and will not be returned to the bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a bidder’s response, whether or not the bidder is awarded a contract or selected for all programs or approved for all service models for which it submitted a response.

6.11 Electronic Signatures

Responses submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

6.12 Ink Signatures

Original blue ink signature documents are required upon contract award and contract negotiation.

6.13 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.

SECTION 7

REVIEW PROCESS

7.1 Compliance with Submission Requirement

DCF staff will first review the responses to determine if they satisfy the submission format and contents requirements set forth in Sections 6.5 to 6.8. A response that meets these requirements will be considered an “Eligible Response.” Any response that does not meet these requirements may be considered non-responsive and disqualified without further review. If a response is disqualified, the bidder (person designated to execute contract) will be notified in writing, including the reasons why it was disqualified. DCF may determine that the non-compliance is insubstantial and can be readily corrected, or that an alternative proposed by the bidder is acceptable. In such case, DCF can seek clarification or allow the bidder to make minor corrections.

7.2 Review Team DCF will establish a Review Team to review and rate eligible responses. A Review Team may consist of DCF staff, recipients or former recipients of services, family members, family advisory committee members, community representatives and/or other non-DCF personnel. The Review Team will review and rate the response packages of eligible responses.

7.3 Preliminary Reviews

A Review Team may ask other DCF staff to complete preliminary reviews of the certain response categories (e.g., the Supplier Diversity Program (SDP) or Form #1); such preliminary reviews shall be done consistently with all applicable response packages. The SDP is discussed more fully in the RFR in Section 5.3.

7.4 Clarifications

A Review Team, at its discretion, may in lieu of or in addition to oral presentations request bidders to submit written clarification of their responses. The Review Team will send written questions for clarification to bidders for the bidders to respond in writing. Clarifications are explanations of what has been stated in the response and may not be used as an opportunity to submit supplemental information or change a response, unless the Review Team specifically requests these submissions or changes as part of the clarification of all responses.

7.5 Evaluating and Rating All qualified responses shall be reviewed using a standard Proposal Review and Evaluation Process in Section 10. The Review Team assigns a rating of pass or fail to each question of the Bidder’s Response. The Review Team will consider each question of the Bidder’s Response taking into consideration the comprehensiveness, responsiveness, clarity, effectiveness and feasibility of the response to each question.

7.6 Information Subject to Review

In the review process, DCF may use sources of information other than the bidder’s written response to evaluate the response. Other sources of information may include, but are not limited to, oral presentations by the bidder, written responses to questions posed by a Review Team, the bidder’s history and/or experience in providing services, the bidder’s past performance as a provider, a review of current services operated by the Bidder, discussion with relevant community members or providers, governmental agencies and other funding sources.

7.7 Recommendation for Selection After a Review Team rates all the eligible response packages, it shall list all the eligible responses and their scores and selection recommendation. The Review Team will then submit its recommendation to the awarding authority or designee, together with its recommendation of items for negotiation with the Bidder regarding the service.

7.8 Best Value

The Review Team may recommend for selection the response that demonstrates the best value overall, including proposed alternatives which will achieve the procurement goals of DCF, including the goal of contract expenditure reduction. The Review Team and a selected bidder may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s response which results in lower costs or a more cost-effective or better value than was presented in the selected bidder’s original response. DCF reserves the right to request a best and final offer (BAFO) from any bidder. The Review Team may recommend the non-highest scoring bidder, however the recommendation must contain an explanation based on best value principles.

7.9 Selection Decisions

Upon receipt of a Review Team’s recommendation, the awarding authority or designee shall prioritize the responses based on the Team’s recommendation and on what the awarding authority or designee determine gives the Commonwealth the best value, considering the elements set forth in 801 CMR 21.02: support the achievement of required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative procurement and business relationships, encouraging competition, encouraging the continuing participation of quality contractors and supporting procurement planning and implementation. The awarding authority or designee is not bound by the evaluations or rankings submitted by the Review Team.

7.10 Selection Decision and Notification All Bidders will be notified in writing of the selection decision regarding the award.

7.11 Contract Negotiations

Contract negotiations may commence once all bidders have been notified. Negotiations shall be limited to those matters specified in 801 CMR 21.07. If negotiations are successful the bidder will be deemed selected for the award.

If negotiations are not successful within a reasonable period of time, the awarding authority or designee may disqualify that bidder and begin negotiations with another bidder.

7.12 Announcement

Pursuant to 801 CMR 21.06(13), no Bidder shall have any press conferences, or make any news releases or announcements concerning its selection or non-selection for a program prior to DCF public release of said information, or prior to the written authorization of DCF. Violation of this subsection may be considered grounds for disqualification.

SECTION 8

BUSINESS SPECIFICATIONS

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. 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.

8.1 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 Procurement Management Team (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.

8.2 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 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.

8.3 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.

8.4 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.

8.5 Reporting Vendors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

8.6 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.

8.7 Subcontracting Policies Prior approval of DCF is required for any subcontracted service of the contract. Vendors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

8.8 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.

SECTION 9

CONTRACTING POLICIES

9.1 Mandatory Contract Forms At the time of negotiations, DCF will work with successful bidders to complete all mandatory contract documents including:

· Commonwealth Standard Contract Form

· Commonwealth Standard Terms and Conditions (if not already on file)

· Statement of Work

· Request for Taxpayer Identification Number & Certification Form (W-9) (if not already on file)

· Authorization for Electronic Funds Payment form (mandatory, if not already on EFT)

· Contractor Authorized Signatory Listing Form

· Supplier Diversity Program (SDP) Plan Form #1 – Plan Commitment

· Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

· Prompt Payment Discount Form

· Vendor’s response, exclusive of any terms that are inconsistent with RFR

· Other terms and conditions the contractor agreed to as part of contract negotiations Please review all forms to be sure your organization understands the terms and conditions when entering into a contract with the Commonwealth.

9.2 Vendor’s Contact Information

It is the vendor’s responsibility to notify their DCF Contract Manager when there are any changes in contact information (i.e. address, phone number, email, signatory). If the information is not current, the vendor must notify DCF immediately. The information shall be sent as follows:

Director of Procurement and Contracts Department of Children and Families 600 Washington Street, 6th Floor Boston, MA 02111

The Commonwealth assumes no responsibility if a vendor’s designated email address is not current, or if there are technical problems, including those with the vendor’s computer, network or internet service provider (ISP).

9.3 Publicity

Any vendor selected for a program under this RFR resulting in an award of or an amendment of a contract, is prohibited from selling or distributing any information collected or derived from the contract except as specifically authorized by DCF.

SECTION 10

PROPOSAL REVIEW AND EVALUATION PROCESS

All qualified proposals shall be evaluated with using a scoring system based on the contents in the submitted package. This evaluation process will be conducted using the RFR Evaluation Form shown below.

DEPARTMENT OF CHILDREN AND FAMILIES

RFR PROPOSAL REVIEW EVALUATION RATING/SUMMARY FORM

RFR Title: Books Distributors

RFR Number: DCF BOOKS2019

Bidder:

Reviewers:

Review Date: ___________ Recommended Not Recommended

and restocking fees

Overall comments/notes:

RFR # & Date RFR Re-Bid 10-1-13

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