DCR 781 Fire Management Planning Services.doc

REQUEST FOR RESPONSE

RFR DCR 781 Fire Management Planning Services

ISSUE DATE: June 13, 2018

COMMBUYS Bid Number

1. Description or Purpose of Procurement:

The Department of Conservation and Recreation (DCR) is seeking proposals for on-call professional fire management planning services for a wide variety of projects which may arise over the next six years.

2. Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

3. Acquisition Method:

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Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

Other: [specify, e.g., TELP]

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

Check One (“X”):

Single Contractor

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Multiple Contractors

a. Estimated Number of Awards The target maximum number of Contractors is 10

b. Rolling Enrollment Contract and adding Contractors after initial Contract Award This solicitation will result in a rolling enrollment contract, which means that proposals may be submitted and may be evaluated by the DCR evaluation team at any time after the amendment deadline of the solicitation with no submission deadline. After initial contract awards are made, however, the DCR evaluating team reserves the right to begin evaluating submissions periodically, including but not limited to quarterly or semi-annual reviews.

The DCR evaluating team also reserves the right to suspend the review of additional submissions or close the solicitation for new responses entirely if it deems that the number of contractors awarded at that point adequately meets the DCR needs. If, subsequent to such a decision, the evaluating team determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts.

If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The dates of rolling enrollment are June 29, 2018 1:00:00PM to December 25, 2027 1:00:00PM.

5. Entities Eligible to Use the Resulting Contract

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Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

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

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Limited User Contract – Restricted to Use by Issuing Entity Only.

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

Initial Duration

Three (3) years

Total Maximum Contract Duration

Six (6) years

Renewal of contracts will be at the discretion of the issuing agency and subject to performance evaluation. This evaluation may include, but not limited to, the following criteria:

· Vendor has performed well on projects assigned.

· Vendor responds to agency inquiries on a timely basis

· Vendor communication is clear and helpful

· Vendor provided a key individual to serve as a liaison and provided contact information.

· Vendor files invoice on a timely basis

· Vendor files reports on a timely basis

· Vendor skill sets remain in keeping with the expectations of the solicitation.

· Vendor assigned staff as presented in the original proposal (individuals and skill sets pledged)

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $100,000.

The funding for any contract resulting from this procurement is conditioned upon receipt of federal funds.

8. Contract Performance and Business Specifications:

Scope of Services:

These services will be engaged through a Master Agreement, and include site analysis and planning, natural and cultural resource planning, environmental permitting, and technical assistance.

The Commonwealth of Massachusetts, Department of Conservation and Recreation (DCR) is seeking proposals from qualified natural resource management firms, as well as individual practitioners, with experience and demonstrated ability in fire management planning. Experience and ability for natural resource managers shall include, but not limited to, the following: wildfire hazard assessments, hazard mitigation plans, prescribed burn plans, coordinated trainings, community wildfire protection plans, and natural resource and habitat protection/restoration projects; inventory, mapping, and analysis of existing conditions, natural resources, cultural, and historic resources; environmental permitting and analysis; developing and writing comprehensive reports, and fire management plans. Ability to produce GIS maps and data, and knowledge in project-relevant state and federal regulations are important.

Fire Management Planning and Protection

Firms will be responsible for providing services (any or all) including:

· Preparation of Fire Management Plans (FMP) for DCR state forests, parks and reservations. Synthesis of fire management goals, objectives and recommendations with integration of public review and other forms of public input.

· Preparation of Community Wildfire Protection Plans.

· Develop organizational structure for a comprehensive multi-community emergency response to wildfire. Identification of financial needs and staffing levels for local and state departments in regards to coordinated wildfire response. Inclusion of response to ecologically sensitive areas by working with DCR Ecology Program personnel and Massachusetts Natural Heritage and Endangered Species Program personnel.

· Inventory and analyze resources to develop treatment guidelines and maintenance/management plans (for natural resources as well as recreational and cultural resources) as it pertains to prescribed burning, wildfire, and wildfire response. Evaluate alternative methods (i.e. mechanical) to burning to meeting short and long-term management goals.

· Preparation of prescribed burn plans for areas outlined in FMP. Review and update existing prescribed burn plans.

· Development of a public notification system in regards to public use of recreational resources during wildfire response and prescribed burning.

· Identification of local, state, and federal regulations as they relate to wildfire and prescribed burning, including but not limited to, the Federal Aviation Administration, Massachusetts Department of Environmental Protection, Massachusetts Natural Heritage Endangered Species Program, Massachusetts Areas of Critical Environmental Concern, Massachusetts Historical Commission, and the Massachusetts Environmental Policy Act.

· Evaluate training needs for local fire departments, the Massachusetts Department of Conservation and Recreation Bureau of Forestry and Fire Control, other state agencies, and partner organizations to meet goals set in fire management plan including, but not limited to, standards and wildfire course needs.

· Establish pre/post monitoring standards for prescribed burn areas on DCR properties including but not limited to fuel loads and biodiversity assessment.

· Assessment of urban interface surrounding state properties, including recommended mitigation measures.

· Assessment of invasive species management on DCR properties related to prescribed fire regimes. Identify post fire invasive species impacts to DCR properties.

· Evaluation of wildfire and prescribed burning effects to deer populations on DCR properties.

· Identification of potential research needs with regards to wildfire and prescribed burning.

· Provide regional planning services related to development of Community Wildfire Protection Plans, and other wildfire-related planning services.

· Provide mapping services of, but not limited to: forest cover and fuel types, smoke, future treatments, fire roads, fire history, priority habitat minimum impact suppression areas, and urban interface.

· Providing support for protection of sensitive resources through environmental education strategies and coordination with DCR’s stewardship partners.

· Facilitate public meetings, public outreach, including producing documents such as newsletters, brochures, websites; conducting workshops, symposia, and conferences, including visioning; consensus-building.

Firms will be responsible for providing services on an as-needed basis, and will be asked for specific proposals based on detailed project scopes as they arise. Proposals for specific projects will be offered to those firms which seem most suited for the proposed scope. Depending on the project, firms may be responsible for a variety of disciplines, and for including appropriate sub-consultants on their team. Firms responding to this RFR may propose teams; sub-consultants not included in this initial proposal must be approved by DCR at the time of individual project proposal. Firms do not need to have all areas of expertise noted; however their proposal should clearly note the firm’s areas of expertise. Award under this Master Agreement (MA) is not a guarantee of future work. The Department reserves the right to solicit proposals for specific future projects individually. Firms under this MA are not precluded from participating in those projects. Anticipated state properties to receive fire management planning services are, but not limited to: Blue Hills Reservation, Boston Harbor Islands State Park, Myles Standish State Forest, and Manuel F. Correllus State Forest.

Guidelines, Policies, and Other References

Interested firms are urged to note and review the following documents or statements which serve as guidelines and policies for work generated through the Department:

1. DCR Resource Management Plans:

2. http://www.mass.gov/eea/agencies/dcr/conservation/planning-and-resource-protection/rmp/plans-adopted-by-dcr-stewardship-council.html

3. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and Guidelines for the Treatment of Cultural Landscapes

4. DCR Agency Sustainability Plan (DCR publication)

5. ACEC Resource Management Plan Guides: www.mass.gov/dcr/stewardship/acec/index.htm.

6. DCR Project Design Procedures (DCR publication).

7. DCR Trail Guidelines and Best Practices Manual (DCR Publication http://www.mass.gov/eea/docs/dcr/stewardship/greenway/docs/dcrguidelines.pdf DCR reserves the right to require familiarity with other planning documents not listed here, as they relate to specific projects.

Product Submission

Services will be invoiced at standard hourly rates, inclusive of all overhead and indirect costs, for man-hours actually expended on authorized work tasks. Invoicing shall correspond to project milestones established at the proposal phase and shall not deviate unless previously approved by the Department. Individual work tasks for the project will be identified by the Department and a corresponding budget established. Firms shall not proceed until the project budget and timeline are approved, in writing, by the Department. Any changes in scope need to be approved in writing by the Department. Sub-consultants may be engaged to execute specific specialized, related tasks needed under a project scope. Sub-consultant firms should be approved by the Department project manager, prior to their use. Fees associated with administering sub-consultants should be identified in project proposals, under the fee schedule, but should not exceed ten percent overhead charge.

All hourly rates are inclusive of clerical functions, typing, charges, meals, lodging, insurance, telephone and other incidental expenses. Firms shall have the option of being compensated for mileage, for site visits located more than 50 miles from their regular office. Mileage shall be billed from the consultant’s office; the mileage rate shall be 40 cents per mile. If design firms are compensated for mileage, the start time for design staff on the project begins at the job site.

Direct charges for extensive blueprinting, reproduction, photography, copies of maps or documents and other related expenses incurred by the design firm will be invoiced at actual cost without markup.

Small Business Purchasing Program This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

9. Environmentally Preferable Products

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

10. Proposals and Evaluation Criteria Proposal Requirements:

Proposals may be submitted by teams (with one clear primary consultant designated) or individual firms. Proposals shall include:

· Statements of qualifications

· Resumes of firm principals and relevant professional staff

· Project profiles on at least three relevant publicly administered projects that demonstrate the diversity of your firm’s capability. Firm qualifications and experience shall be noted clearly distinguishable from sub-consultants proposed as part of the submittal. Project profiles should include: project scope, staff assigned, reference, design cost, construction budget, change orders and duration.

· A reference contact for each project as noted above

· A description of standard fees & expenses/billing rates per staff person and/or level (cf. section 7, above, which includes allowable expenses)

· Errors and omissions insurance certificates

· Signed standard contract forms, listed below

Note: Fees schedules submitted will be considered good for three years, with possible modification of rates at the time of contract renewal after the initial three-year period.

Rates may be renegotiated 30 days prior to the initial contract end date and 30 days prior to each subsequent contract end date.

Consultant Team Composition:

Firms submitting teams should note on which projects they have worked with particular sub-consultants proposed, and what the respective team roles were. Department projects frequently involve environmentally sensitive sites and necessitate preservation or restoration of cultural and natural resources. Experience in these areas should be highlighted.

The Department is seeking firms of various size ranges, as well as firms with expertise in one or more areas -from sole practitioners or small firms with a narrower range of expertise, to larger, multi-disciplinary firms. Firms may indicate a preference for, or strength in, a particular type of work.

Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Firms shall be evaluated based on following criteria:

· Firms qualifications and demonstrated capability

· Experience with similar public-sector infrastructure and/or recreation projects

· Experience in Relevant Projects

· Fee structure

· Clarity and completeness of proposal.

· Ability to meet requirements outlined in the Scope of Services

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission. The Department reserves the right to reject any or all proposals if it is in the best interest of the Commonwealth to do so. Special consideration will be given to qualified minority or women owned firms.

11. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS.

Any technical review services will include a report and recommendations. Whenever a report is required, the planning professional shall prepare technically and grammatically correct reports on 8 1/2 x 11- inch typewritten sheets (11” x 17” inserts permissible when needed for legibility). The Department may require the planning professional to provide backup calculations, cost estimates, and photographs to support the reports and/or contract documents outlined above. All submissions shall also be conveyed electronically, with the exception of all forms which require “Wet Ink Signature”, the specific technical requirements of which will be detailed in individual project scoping documents.

Drawings and sketches shall be submitted to the Department in scale and size sheets pre-approved by the Department. Planning firms shall be equipped to prepare data and maps on GIS software compatible with ArcGIS version 10 or later. Department standard drawings size is 24” x 36” sheets. Map documents shall be turned over to the Department in both electronic and hard copy upon completion of the job. No additional charges will be due the planning professional for this service. All work that requires the services of a registered professional, e.g. Landscape Architect, Architect, Engineer or Surveyor, shall bear the stamp and signature of the respective professional responsible for such services, and who is registered in the Commonwealth of Massachusetts.

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

12. Estimated Procurement Calendar

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Online Questions (Bid Q&A) Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and 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 Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

c. Estimated Contract Start Date August 1, 2018 -This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

13. Required Forms

Responses to this RFR must contain the following documents

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

14. RFR Attachments

Appendix A: Required Specifications [LOCATED ON OSD’S FORMS PAGE: http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html]

Appendix B: Electronic Quote Submission Instructions [http://www.mass.gov/anf/docs/osd/forms/instructions-for-vendors-responding-to-bids.docx] Appendix C- Other Specifications

Appendix A - RFR - Required Specifications for Commodities and Services

Revision Date:

June 6, 2016

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services 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.

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.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 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.

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

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

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

The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, 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 SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

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

APPENDIX B- Instructions for Vendors Responding to Bids

Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

The following messages are received:

Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms. Your quote has not been submitted – information message; no action required

12. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Place a check box under the confidential column for each confidential attached form.

16. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

APPENDIX C- RFR - Other Specifications

Issue Date:

November 1, 2005

Refresh Date:

June 6, 2016

The following RFR provisions appear in this section at the department’s discretion. If a specification is selected by the department, it is required of the bidder.

Access to Security-Sensitive Information. This solicitation contains security-sensitive information which, pursuant to MGL c. 4, s. 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to M.G.L. c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the commonwealth.

Qualified prospective bidders that are interested in accessing this information for the purpose of preparing a bid response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

1. restrict the use of…