DCF CHILD16 RFR.doc

Request for Response (RFR)

RFR Title: Child Health and Safety Products ASK "RFR Number/Document Number" \* MERGEFORMAT RFR Number: DCF CHILD16 March 2016 Brief Description: Child Health and Safety Products such as Car Seats, Strollers, Cribs, Pack ‘n Plays and related accessories.

TABLE OF CONTENTS

SECTION 1

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

SECTION 2

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

SECTION 3

RFR INTRODUCTION AND GENERAL DESCRIPTION…………………………………...……..4

Issuing Entity/Contact Person and RFR Distribution

Acquisition Method

Single or Multiple Contractors

Single or Multiple Departments

Anticipated Duration of Contract Including Renewal Options

Anticipated Expenditures, Funding or Compensation for Expected Duration

Procurement Calendar

SECTION 4

FISCAL SPECIFICATIONS………………………………………………………………………….……….6

SECTION 5

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

RFR Forms

Supplier Diversity Program (SDP) Resources

SECTION 6

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

Response Submission Requirements

Submission Deadline

Submission Location

Electronic Proposal Submission Format

Page Limits and Attachments

RRF Cover Sheet and Checklist

SECTION 7

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

Compliance with Submission Requirement

Review Team

Preliminary Reviews

Evaluating and Rating

SECTION 8

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

SECTION 9

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

Mandatory Contract Provisions

Contractor’s Contact Information

SECTION 10 PROPOSAL REVIEW & EVALUATION PROCESS AND FORMS…………………………….16

RFR ATTACHMENTS

RRF Cover Sheet and Checklist

RFR Bidder’s Response Sheet Area and Regional Directory

SECTION 1 PURPOSE OF PROCUREMENT AND BACKGROUND DESCRIPTION

The Department of Children and Families (DCF) is soliciting bids for the acquisition of Child Health and Safety Products. DCF seeks to award a contract (manufacturer and/or authorized wholesale distributor) for a variety child products, including, but not limited to child and infant safety seats, strollers, furnishings and related accessories.

The Department of Children and Families has 35 offices geographically located across the State of Massachusetts. The contractor will be required to ship to all cities and towns listed within the 35 offices.

SECTION 2 PERFORMANCE AND CONTRACT SPECIFICATIONS

2.1 Performance Requirements

· Ensure personnel are courteous and professional in their contact with staff.

· All deliveries shall be made during normal working hours – 9:00 am to 5:00 pm.

· The contractor shall make Inside Delivery – includes anywhere in the building, including, but not limited to a storage room, down a hallway, another floor, etc.

· The contractor shall notify DCF office manager in advance of delivery date.

· The contractor shall notify DCF office manager in advance of any delivery changes.

2.2 Qualifications Specifications

Bidder must meet or exceed the required qualification for a contract award:

· Contractor must have been in the same business for three (3) years prior to release date of this bid.

· Contractor must submit all the required forms noted on the RFR Cover Sheet and Checklist.

· Prices must include the cost of shipping. Freight on Board (FOB) Destination, Freight Prepaid.

· No minimum order shall be permitted.

· Must offer manufacturer and/or authorized wholesale distributor warranty; at a minimum for (1) year

· Replace all child safety seats which have been recalled by the National Highway Traffic Safety Administration (NHTSA) and/or by the manufacturer at no additional cost to DCF.

· Replace any child items/products which have been recalled by the manufacturer and/or authorized wholesale distributor at no additional cost to DCF.

· Offer replacement parts for items purchased.

· DCF shall not be responsible for any additional charges should the contractor fail to observe specific delivery days and receiving hours.

· The contractor shall replace any items that has been lost or damaged while in transit at no additional cost to DCF.

· The contractor shall deliver only the items ordered and shall not substitute any item without prior written approval by DCF.

· In the event the item ordered is no longer manufactured for reasons beyond the contractor’s control (e.g. product discontinuance, recalls, etc.); the contractor shall provide an alternate item sample to DCF for review and approval.

· The substituted item shall meet and/or exceed all specifications applicable to the original specified item.

· DCF reserves the right to refuse a delivery which arrives damaged and/or may appear to be damaged.

· All deliveries refused for damaged shall be returned at the contractor’s expense.

· DCF shall have sixty (60) days to report any concealed damage. Upon receiving notification of damage by the DCF, the contractor shall replace the damaged product at no additional cost within ten (10) business days of notification.

SECTION 3

RFR INTRODUCTION AND GENERAL DESCRIPTION

3.1 Issuing Entity/Contact Person and RFR Distribution

Issuing Entity: Department of Children and Families

RFR Title: Child Health and Safety Products

RFR Number: DCF CHILD16 Procurement Category: Baby and Toddler Furniture and Accessories UNSPSC Code: 56-10-18 Contact Person: Luz Rivera

Address: 600 Washington Street

Boston, MA 02111

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 Including Human and Social Services and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 and in 808 CMR 1.00. 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 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.

3.5 Acquisition Method

The acquisition method to acquire goods and/or services from this bid are outright purchase.

3.6 Single or Multiple Contractors

The Department will be looking for one qualified bidder for contract performance under this RFR, but may award to additional vendors if it is in the best interest of the Department.

3.7 Single or Multiple Departments

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

3.8 Anticipated Duration of Contract Including Renewal Options The initial term of this Contract is up to 5 year(s). In addition, this Contract has 1 option to renew of up to an additional 5 years. The total duration, including the initial term and renewal options is up to 10 years. This contract will terminate no later than March 31, 2026. 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 if DCF determines there is an unmet need. The Department reserves the right to close the RFR at an earlier date if the need for Child Health and Safety Products is met prior to March 31, 2026.

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

DCF reserves the right to amend this RFR. Notice of any amendment will be posted on COMMBUYS.

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 10 years with the renewals) is anticipated to be approximately $300,000.00 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 Contractor on an ongoing basis, and the needs of DCF.

3.12 Geographic Service and Delivery Areas

Pittsfield Worcester Lowell Arlington Brockton New Bedford Boston

Greenfield Leominster Bradford Malden Braintree Hyannis Hyde Park

Holyoke Whitinsville Salem Framingham Taunton Plymouth Roxbury

Springfield Lawrence Lynn Cambridge Fall River Dorchester Chelsea 3.13 Procurement Calendar

The following represents best estimates of the timetables that will be followed for this procurement. All times in the RFR and the Procurement Calendar are Eastern Standard/Daylight Savings times, as applicable.

RFR posted on COMMBUYS: March 9, 2016

Response(s) Due: March 23, 2016

Review of Responses: week of March 25, 2016

Award of Contracts: on or about March 28, 2016 Negotiations are as needed.

Anticipated Start Date of Contracts: April 1, 2016

If there is a conflict between the dates in the Procurement Calendar timetable and dates on the Bid Solicitation page on COMMBUYS, the dates on the Bid Solicitation page shall prevail. Bidders are responsible for checking COMMBUYS for Procurement Calendar updates.

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

Contractors 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 Monthly Billing Contractors will be paid using the Payment Voucher (PV) system. DCF will not make payment in advance, make a deposit nor make payment on delivery. Contractors must submit an invoice and payment voucher (PV) for items delivered within 30 calendar days, indicating the date, description and charges. Guidance regarding payment and billing will be discussed during contract negotiations.

4.4 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.

4.5 Price List Update

The Contractor must hold firm the prices set forth within the manufacturer’s preprinted price lists and/or catalogs submitted with the bid proposal for the entire contract term. The Contractor may submit an updated price list and/or catalog should the contract be extended beyond the initial duration.

Requests for cost adjustment must include sufficient documentation supporting the request such as a significant increase in the market (i.e., material cost, manufacturing, transportation, etc.). Any adjustment or amendment to the contract will not be effective unless approved by DCF. No retroactive cost adjustment shall be permitted.

4.6 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.

4.7 Fuel Surcharge Provisions

Bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from DCF. DCF will NOT be required to pay any additional fuel surcharges upon receipt of contractor invoicing.

4.8 Shipping FOB Destination, Shipping, Delivery and Acceptance

Delivery must be made at no extra cost to DCF with all deliveries being FOB destination. All orders will be processed, confirmed and delivered based on established delivery schedules with the DCF Office. The ordering location will establish a mutually agreed upon delivery schedule with the contractor. The contractor will make delivery of items as requested by the DCF Office. Any change in the specified delivery schedule is subject to approval by the DCF Office. Any item not delivered during an established delivery period may be canceled at no cost to DCF.

4.9 Commonwealth Tax Exemption

Invoices submitted to DCF must not include sales tax.

4.10 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, to cancel in part or in its entirely the RFR if it is in the best interest of the Commonwealth to do so.

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 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.

5.3 Order Cancellations DCF and/or Contractor will be required to provide at a minimum fourteen (14) days notice for cancellation.

5.4 Termination/Suspension DCF reserves the right to terminate or suspend any contract it is determined the contractor is not performing the contractual obligations as stated within this RFR.

5.5 Environmental Specifications In addition to their standard products, Bidders are encouraged to propose products or materials which provide DCF with environmentally preferable alternatives in any or all listed categories. It is desirable that Bidders offer such products directly or through a sub-contracting arrangement with an appropriate vendor.

5.6 Brand Name or Equal

Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of product or accessory, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

5.7 Debarment EOHHS cannot award a contract to a Bidder currently subject to a state or federal debarment order.

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

March 23, 2016 at 2:00 PM

LATE RESPONSES WILL NOT BE CONSIDERED

6.3 Right to Modify Deadline

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

6.4 Submission Location

As of June 30, 2014, all bids posted on COMMBUYS require the submission of electronic response. See COMMBUYS Use Policy for Organizations posted by the Operational Services Division on June 30, 2014, Section 6.2. In order to submit an electronic response using online submission tools available, bidders must be registered in COMMBUYS. Potential bidders are encouraged to register before the proposal due date. An Instruction for Vendors Responding to Bids can be found on the Bid Solicitation page of the RFR’s COMMBUYS attachment file.

6.5 Electronic Proposal Submission Format

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

· type-written 12 point Times New Roman or similar font

· 8 ½ X 11 inch paper

· one-inch margins

· single spaced

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

· electronic submission must be in Word or Excel, 2003 compatible or PDF

· COMMBUYS system can accept a .zip file, which contain multiple files. Bidders choosing to upload a zip file, shall upload all the files with the following naming convention:

Name of Zip File: DCF CHILD16_Provider Name Inside of zip file is the following naming of files:

Name of Files: DCF CHILD16_Provider Name_Response DCF CHILD16_Provider Name_Attachments DCF CHILD16_Provider Name_Forms 6.6 Page Limits and Attachments

The bidder’s response shall not exceed 5 pages. Attachments are not included in the page limit. The Product Price list is on separate page and is 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 and noted on the RFR Cover Sheet and Checklist. 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 consists of the RFR Bidder’s Response Sheet. Response sheet identifies questions to be answered which is located in the COMMBUYS posting of this RFR on the Bid Solicitation page under the Bid Attachments.

6.8 RFR Cover Sheet and Checklist A Bidder must submit a completed RFR Cover Sheet and Checklist as the Cover page to this bid. This form is located in the COMMBUYS posting of this RFR on the Bid Solicitation page under the Bid Attachments.

6.9 Style of the Response Packages

Each Response Package shall consist of the documents asked for in the applicable RFR Cover Sheet and Checklist. Each Response Package must be submitted as described in Sections 6.5 to 6.8.

6.10 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.

6.11 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.

6.12 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.

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.

6.14 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.

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 eligible responses. A Review Team may consist of DCF staff, and/or 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 certain categories (e.g., the Supplier Diversity Program (SDP) Plan Form #1). These reviews shall be done consistently with all applicable Response Packages. The SDP is discussed more fully in the RFR in Section 5.2.

7.4 Clarifications

A Review Team, at its discretion, request oral presentations or demonstration, or samples of products. The Review Team may also request 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 The Review Team assigns a rating to the response of each question asked in the Bidder’s Response Sheet. All qualified responses shall be reviewed using a standard RFR Proposal Review Evaluation Rating/Summary Form in Section 10. The Review Team will consider each item in the Bidder’s Response Sheet, rate each item and assign a Pass or Fail, taking into consideration the comprehensiveness, responsiveness, clarity, effectiveness and feasibility of the response to each requirement.

7.7 Information Subject to Review

In the review process, DFC 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 to children/adolescent and/or families, the Bidder’s past performance as a provider, a review of current services operated by the Bidder, materials submitted for Financial Qualification purposes, a review of the Bidder’s finances, discussion with relevant community members or providers, governmental agencies and other funding sources.

7.8 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 program.

7.9 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.

7.10 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 given to the responses by the Review Team.

7.11 Selection Decision and Notification

All Bidders will be notified in writing of the selection decision regarding the award.

7.12 Contract Negotiations

Contract negotiations will then commence with the Bidder first on the awarding authority or designee’s, prioritized list for selection and negotiations. 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 the next Bidder on the prioritized list for selection and negotiations.

7.13 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 (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.

8.1 Executive Order 515, Establishing an Environmental Purchasing Policy

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. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

8.2 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.

8.3 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.

8.4 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.

8.5 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.

8.6 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.

8.7 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.

8.8 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.

8.9 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)

· 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

· Contractor’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 agency understands the terms and conditions when entering into a contract with the Commonwealth.

9.2 Contractor’s Contact Information

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

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

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

9.3 Transition Agreement If, at the time of termination of a contract, a contractor is providing services to DCF, the vendor must work cooperatively with a successor contractor, if any, to ensure an orderly transition and that services are not interrupted. This requirement shall survive the expiration or termination of the contract.

9.4 Publicity

Any bidder 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 & EVALUATION PROCESS AND FORMS

All qualified proposals shall be reviewed using the Pass/Fail ranking system shown on the RFR Proposal Review Evaluation Rating/Summary Form tailored specifically for this RFR.

DEPARTMENT OF CHILDREN AND FAMILIES

RFR PROPOSAL REVIEW EVALUATION RATING/SUMMARY FORM

RFR Title: Child Health and Safety Products RFR Number: DCF CHILD16 Bidder: ____________________________________________________________________

Date: ___________________

Reviewer(s): ________________________________________________________________________________ Evaluation Results: _______

Background and Experience

1. Briefly describe your experience (must have a minimum of three (3) years experience) related to the bid.

COMMENTS:

( Pass

( Fail

COMMENTS:

( Pass

( Fail

Supplier Diversity Program (SDP)

1. Supplier Diversity Program (SDP) SDP Plan Form #1

COMMENTS:

( Pass

( Fail

Committee Final Review Evaluation Recommendation:

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

March 2016