DCR 798 Wood Fuel Furnace~2.doc

The Commonwealth of Massachusetts

Executive Office of Energy and Environmental Affairs Department of Conservation and Recreation

251 Causeway Street Boston MA 02114

Request for Response (RFR) Document Title: Wood Furnace/Stoves Sales, Service and Fuel Supply ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: <Bid# assigned automatically by COMMBUYS in the Bid# field when the draft Bid is created> Agency Document Number: RFR 798 28 January 2019

(REPOSTED ON MARCH 15, 2019)

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Background information

11.3 Applicable Procurement Law

11.4 Number of awards

11.5 Adding Contractors after initial Contract award

21.6 Eligible Entities

21.7 Acquisition Method(s)

21.8 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

21.9 Contract Duration

31.10 Estimated Value of the Contract

31.10.1 Basis for estimated dollar value for this Contract (including all options to renew)

1.10.2 Basis for estimated number of units for this Contract (including all options to renew)……3 Estimated Procurement Calendar

42.1 Written questions via the Bid Q&A on COMMBUYS

42.2 Locating Bid Q&A

52.3 Amendment Deadline

52.4 Physical Bidders’ Conference (in person)

Specifications

63.1 Bidder Qualifications

63.1.1 Company certifications and affiliations

63.1.2 Company experience

63.1.3 References and reference information and/or requirements

63.2 Commodity Specifications

63.2.1 Brand name or equal

63.2.3 Available guarantees of service and parts

73.2.4 Operating manuals

73.3 Environmental Specifications

73.3.1 Executive Order 515, Establishing an Environmental Purchasing Policy

73.3.2 Environmental plan

Other Terms:

84.1 Continued qualification based on performance

94.3 Failure to perform contractual obligations

Audit:

Evaluation criteria

96.1 Mandatory requirements

106.4 Evaluation Components

HOW TO SUBMIT A quote

Error! Bookmark not defined.7.1 Environmental Quote Submission Compliance.

Appendix 1 – Required Terms for all RFRs

138.1 General Procurement Information

138.1.1 Access to security-sensitive information

148.1.2 Alterations

148.1.3 Ownership of Submitted Quotes

148.1.4 Prohibitions

148.2 Terms and Requirements Pertaining to Awarded Contracts

148.2.1 Commonwealth Tax Exemption

158.2.2 Contractor’s Contact Information

158.2.3 Contractual Status of Orders and Service Contracts

158.2.4 Publicity

Appendix 2 - RFR - Required Specifications

APPENDIX 3 - Instructions for Execution and Submission of Commonwealth Standard Forms

2110.1 Commonwealth Standard Contract Form

2110.2 Commonwealth Terms and Conditions

2210.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

2210.4 Contractor Authorized Signatory Listing

2210.5 Supplier Diversity Program Plan Form 1

2310.6 Current Environmentally Preferable Products / Practices Form

2310.7 Prompt Payment Discount Form

2310.8 Business Reference Form

appendix 4 – Instructions for Vendors Responding to Bids Electronically through COMMBUYS

APPENDIX 5 - Vendor Response Form APPENDIX 6 - Indicative list of equipment in service

1 RFR Introduction and General Descripti on

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Department of Conservation and Recreation (DCR) seeks vendors to create a pool of pre-qualified suppliers for goods and services in the following categories:

Category 1:

Wood fueled heating systems – furnaces, stoves, and related equipment. Vendors capable of selling the systems as well as providing parts and services to wood fueled heating systems are sought.

Category 2:

Wood based fuels. Vendors capable of providing the fuel for systems such as those described above (chips, pellets, etc). Both bagged and bulk supply providers are sought.

Contract Manager:

John Clarkeson, Director of Contracts and Procurement

Department of Conservation and Recreation

251 Causeway Street

Boston, MA 02114

617.626.4925

For the purposes of this document, the word Bid and Response are synonymous.

1.2 Background information

The Department of Conservation and Recreation is steward of one of the largest state park systems in the country. Its 450,000 acres is made up of forests, parks, greenways, historic sites and landscapes, seashores, lakes, ponds, reservoirs and watersheds. Throughout the state, the department has facilities with wood based heating systems.

1.3 Applicable Procurement Law

This Bid is issued under the following law:

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

The target maximum number of Contractors is 8. This is a target number; the procurement team may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.5 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 03/18/2019 8AM– 03/18/2027 5PM.

1.6 Eligible Entities

Any contract resulting from this Bid will be open for use by the Issuing Entity as well as the other Commonwealth Executive Agencies.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase, Fee for Service, and Rental (Not to exceed 6 months).

1.8 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

No term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract may extend beyond the duration of this contract without written authorization. No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

1.9 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Renewal of contracts will be at the discretion of the issuing agency and subject to a 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 invoices 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)

1.10 Estimated Value of the Contract

Over the entire life of the contract, including renewals, DCR estimates that approximately $810,000 may be spent on the services and goods described.

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

1.10.1 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid is based on previous expenditures made by the DCR regional offices over a similar period.

2 Estimated Procurement Calendar

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the procurement team regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. 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.

Please note that any questions submitted to the procurement team using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The procurement team reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

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.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendments

The procurement team reserves the right to make amendments to the Bid after initial publication. 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 procurement team and 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.

2.4 Bidders’ Conference

DCR uses wood fueled heating equipment at parks and offices statewide. DCR will provide local contact information for firms interested in inspecting the location, make and model of wood fueled heating equipment upon request. Please contact the contract manager (see 1.1 above) for contact information needed to establish an on-site appointment.

3 Specifications

Responding vendors are to complete the submission form in Appendix 5. Vendors must indicate whether they are applying for pre-qualification under Category 1 (system, sales, services, repairs, parts) and/or Category 2 (fuel for such systems).

Price: Vendors should provide a quote for labor/service costs, if applicable. Wood fuel prices must be provided by October 1 of each year prior to the traditional heating season and keep those prices in effect until the following season. All pricing needs to be submitted on the Appendix 5 attachment provided.

Product: Category 1 vendors are to indicate the type of equipment they sell and service on the submission form. Category 2 vendors are to indicate the type of fuel they can supply and the delivery method (bulk or bagged) Regarding wood fuels:

· Product must be free of all dirt, rocks, metal, paints, and all other foreign materials. Delivery must meet all appropriate legal transport requirements. Chips must be covered at all times prior to discharge into the owner’s bin, including during transport.

· Supplier must be able to respond to the Department’s request for delivery within 48 hours (preferably 24 hours) of notification by the Department.

· Delivery will only be accepted during regular business hours 8:00 AM to 2:30 PM Monday through Friday. Weigh slips are not required but may be requested at the discretion of the Department.

· Hauler must identify Grade of wood chip product being delivered on shipping receipt. The Department recognizes that the availability of chip supply and quality may vary due to seasonal factors and demands. Unit pricing should reflect the differences in product quality.

Regarding sales and service:

· Provider must be able to respond to the Department’s request for service within 24 hours of notification by the Department.

· Service is preferred during regular business hours 8:00 AM to 2:30 PM Monday through Friday. Vendors must indicate their ability to provide off-hours or emergency service upon request, including response times.

Appendix 52 provides indicative information on the type of equipment and product typically used.

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

Vendors should provide information n on equipment manufacturers for whom they are an authorized representative/service provider.

3.1.2 Company experience

Years in business - at least 3 years performing similar related services

3.1.3 References and reference information and/or requirements

A Business Reference Form is required as part of the Response. See Appendix 3.

3.2 Commodity Specifications

See the Indicative List of current equipment, product needs at various sites in Appendix 52.

3.2.1 Brand name or equal

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

3.2.2 Warranties and guarantees

New equipment/installation services must be guaranteed for a minimum of one year. All service and parts must be guaranteed for a minimum of 60 days.

3.2.3 Availability guarantees of service parts

Replacement parts must be available within a 24 hour period or less.

3.2.4 Operating manuals

For new equipment, vendors will provide at no additional cost all manufacturer produced operation manuals and sufficient training in equipment use for on-site DCR staff in proper operation of the equipment.

3.2.5 Post-installation

If new equipment is installed, upon completion the work area will be left clean and orderly, suitable for public access. All packaging and old equipment dismantled shall be removed from the site and disposed of properly at no additional cost to the agency.

3.2.6 Geographic service and delivery areas

Responses must indicate the service and delivery areas of the vendor. See the Response Form in Appendix 5.

3.3 Environmental Specifications

3.3.1 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.

Vendors must complete and include the Bidder Current Environmentally Preferable Products / Practices Form with their Response. See Appendix 3.

3.4 Compensation Structure/Pricing

Shipping, Freight, Delivery, Handling or Fuel Charges, etc.: Delivery will be made by prior arrangement with the appropriate contact person for each site. Prices are to be quoted either as FOB (no shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by the users of this contract) or as Product Supply and Delivery Charge. Certain vendors may wish to identify a delivery charge for certain counties. This should be clearly stated in their Response (see Appendix 5 – Response Form).

DCR will prioritize vendors who can provide supply to the equipment listed in the Indicative Summary of equipment currently in service (Appendix 6). If Fob is not available and respondents will only provide a Product Supply and Delivery Charge format, it will be considered.

4 Other Terms

4.1 Continued qualification based on performance

Renewal of contracts will be at the discretion of the issuing agency and subject to a 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)

Wood fuel prices must be provided by October 1 of each year prior to the traditional heating season and keep those prices in effect until the following season.

Bidders awarded contracts pursuant to DCR 798 must have comprehensive general liability insurance, comprehensive business motor vehicle liability insurance, and worker’s compensation insurance.

4.2 Reporting

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

4.3 Failure to perform contractual obligations may result contractual obligations may result in termination, suspension, cover/replacement costs, and/or liquidated damages. Further, the agency reserves the right to add additional vendors if it is in the best interest of the Commonwealth to do so.

5 Audit

During the term of this Agreement and for a period of six years thereafter, DCR, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged DCR, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 Evaluation criteria

The procurement team will evaluate each response and determine which Respondents meet the standards of the agency. Those vendors will then proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the procurement team. The procurement team reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

· Responding vendors are required to provide evidence that they meet the minimum qualifications cited above, i.e. at least 3 years performing similar related services and a positive working relationship with customers as evidenced in a review of the Business Reference by the procurement team.

· Vendors must also provide pricing information as requested above.

· Vendors must complete and submit the Response Form provided in Appendix 5.

6.2 Alternatives

A Quote which fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The procurement team will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

6.3 Evaluation Components

The following components will be some of the criteria considered by the procurement team when evaluating each response - Price - The following price components will be evaluated:

Volume purchase discounts

Prompt Pay Discounts (PPD) Service Call Charges – standard and emergency off-hours rates Installation Costs Parts mark-up from wholesale Fuel costs

Service Capability – response times meet or exceed agency needs

Experience

Years in Business

Review of customers on Business Reference Form Manufacturer certifications Service Territory – vendor meets need of agency facilities Product Quality – vendor meets or exceeds product standards

Supplier Diversity (10% of overall score)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9.

7 HOW TO SUBMIT A quote All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy. See also Appendix 5 “Instructions for Vendors Responding to Bids Electronically through COMMBUYS”

7.2 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

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

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

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

7.3 Bid Opening Date/Time

All Bids must be received by the Operational Services Division before the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

7.3.1 Electronic Signatures

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

7.3.2 Ink (Original) Signatures

Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

Standard Contract Form

Commonwealth Terms and Conditions

Contractor Authorized Signatory Listing

Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

Electronic Funds Transfer Sign Up Form Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool are to submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth.

7.4 Limits and Restrictions

7.4.1 File Size Limits

Commbuys will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

7.4.2 File Format Restrictions

All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

7.5 Withdrawing a Quote

7.5.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

7.5.2 After Bid Opening Date/Time

No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

7.6 Additional Quote Terms

7.6.1 Prohibition regarding contract terms

Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

7.6.2 Bidder Response Form

All specifications of this RFR that are not mandatory such as those specifically identified as “optional,” “desirable” or in other terms indicating that the specification is not mandatory must have a response within the Bidder Response Form (or equivalent) provided on COMMBUYS for this Bid in order to be evaluated. Most items within the Bidder Response Form will be scored to determine the apparent successful bidders. The procurement team does not want and will not read, consider or evaluate a line by line response to this RFR.

8 Appendix 1 – Required Terms for all RFRs

8.1 General Procurement Information

8.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 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 MGL 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 Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

· restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

· safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

· return such records and materials to the Commonwealth upon completion of the project.

8.1.2 Alterations

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

8.1.3 Ownership of Submitted Quotes

The PROCUREMENT TEAM shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. 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 Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

8.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the PROCUREMENT TEAM 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 using the contact information provided in the Header Information 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 (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

8.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

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), cause e-mail communications between the Bidder and the procurement team to be lost or rejected by any means including email or spam filtering.

8.2.3 Contractual Status of Orders and Service Contracts

Orders or service engagements placed under the Contract established as a result of this Bid by Eligible Entities shall be considered separate Contracts between the Eligible Entity and the Contractor, and shall be deemed to incorporate all of the terms and conditions of the Contract. Nothing contained in any order or service contract shall amend or vary the terms of the Contract. Additional terms which do not conflict with the Commonwealth’s Terms and Conditions, the Massachusetts Standard Contract Form, this Bid and any amendments, or the Bidder’s Quote, may be included in an order or service contract if mutually agreed upon by the Contractor and eligible entity.

8.2.4 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the PROCUREMENT TEAM.

9 Appendix 2 - RFR - Required Specifications

RFR - Required Specifications for Purchase of Service (POS)

Published Date: May 1, 2017

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions for Human and Social Services (also referred to as Purchase of Service). The following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, 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. 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, 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. In order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account. 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.

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; and (2) 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 will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). The Supplier Diversity Program was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. 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. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified M/WBEs and SDVOBEs, because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

In support of both Executive Orders, the state tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement (bid) will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division (OSD) eFiling site. Providers that file an UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department is commonly referred to as the Principal Purchasing Agency (PPA).

Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal (quote) for procurements (bids) in excess of $150,000 to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments are to complete the Form and include with their proposal. The “SDP Plan Form for POS” can be found at the COMMBUYS Bid Solicitation; File Attachments Section. While the Plan will not be assigned any points in the evaluation process, a Department will not be able to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with M/WBEs and SDVOBEs.

Resources available to assist providers in identifying SDP Certified Partners include:

· Potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program webpage (www.mass.gov/sdp). For a complete list of certified vendors refer to: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx

· Resources available to assist providers in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

· The Operational Services Division offers SDP trainings for providers. Resources and a webinar to assist bidders can be found at: Supplier Diversity Plan Policy Resources for Purchase of Service Best Value Selection and Negotiation. The Procurement Management Team or PMT (also known as 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. If services are not rate regulated, the PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response, which results in a more cost effective or better value.

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

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation or the number of units purchased 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 need.

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

Debriefing. POS requirement only. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. POS requirement only. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. POS requirement only. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

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

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

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

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

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

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. 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.