DCR 889 RFR Pool Operator Training AND Materials UPDATED 12.20.22.docx

THE COMMONWEALTH OF MASSACHUSETTS

Executive office of Energy & Environmental Affairs department of Conservation & Recreation

251 Causeway Street, Suite 600 Boston, MA 02114

Request for Response (RFR)

Document Title:

Pool Operator Training & Materials

Agency Document Number:

DCR-889

November 14, 2022

(UPDATED DECEMBER 20, 2022)

(UPDATES/CHANGES IDENTIFIED IN RED TEXT)

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

RFR DCR 889 / COMMBUYS Bid#

RFR Introduction and General Description

Procurement Scope and Description The Massachusetts Department of Conservation & Recreation (DCR) is seeking qualified instructors and instructor trainers to train DCR’s new and existing pool managers in Certified Pool Operator (CPO), Practical Pool Management PLUS (PPM+), and/or Aquatic Facility Operator (AFO) courses or other such programs recognized by the Massachusetts Department of Public Health (DPH) in accordance with 105 CMR 435.17(2) as well as associated instructor (i.e. “train-the-trainer”) courses. Vendors must be able to provide all associated course textbooks and materials.

Applicable Procurement Law(s) & Regulations This Bid is issued under the following law(s) and regulations:

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

Number of awards DCR will award contracts to multiple vendors based upon bidder responses and the best interests of the Department in meeting its needs.

1.4 Rolling Enrollment Contract and Adding Contractors after initial Contract Award This solicitation will result in rolling enrollment, which means that proposals may be submitted and may be evaluated at any time after the initial deadline of the solicitation. After initial contract awards are made, however, DCR reserves the right to begin evaluating submissions as they are received.

DCR 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’s needs.

0. Eligible Entities Any contract(s) resulting from this Bid will be open for use by the Issuing Entity and shall be available for use by any executive agency of the Commonwealth of Massachusetts.

Acquisition Method(s)

· Fee for Service

· Outright Purchase

Contract Management Management of this contract shall be performed through DCR’s Bureau of Waterfront & Pool Safety. The contract manager shall be:

Shawn DeRosa Bureau Director shawn.derosa@mass.gov 617-275-3035

Contract Duration The expected duration of this contract is as follows:

Initial Duration

Total Maximum Contract Duration

Renewal/extension of any contract will be at the discretion of DCR and subject to a performance evaluation. This evaluation may include, but not be limited, to the following criteria:

· Contractor’s overall performance

· Contractor’s responsiveness to DCR inquiries

· Vendor’s compliance with filing of invoices, reports, etc.

· Vendor’s continued ability to provide contract goods and services

If a contractor has not performed as required by this RFR corrective action will be taken by DCR. DCR may terminate a contract or forego a contract renewal if a contractor’s performance continues to be inadequate despite DCR warnings and opportunities to take corrective action.

Performance and Payment Time Frames that Continue Beyond Duration of the Contract: All agreements for services entered into during the duration of this procurement and whose performance and payment time frames extend beyond the duration of this procurement shall remain in effect for performance and payment purposes no longer than six (6) months after the final contract date. No new agreements for services may be executed after the procurement has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any service agreements already in place unless the department also terminates said service agreements that were executed pursuant to the main contract.

Estimated Value of the Contract The estimated annual value of this procurement is approximately $30,000 per year.

Contract Structure & Compensation This RFR will establish a Master Service Agreement (MSA) with several vendors providing similar goods and services. An MSA is a pre-qualified list of contract vendors from which DCR may purchase/procure goods and/or services.

Contract(s) resulting from this Bid will be set up as Rate Contract(s) and will not have a maximum obligation amount. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Funding for any contract resulting from this procurement is conditioned upon available funding.

All invoicing and payments must be made in accordance with the Commonwealth’s Bill Payment Policy. Unless otherwise specified at the time of purchase, all invoices should be submitted to the individual that placed the service order. Vendors shall be responsible for providing accurate backup documentation with each invoice. In accordance with Commonwealth policies, the department cannot pay in advance for services. Payments shall be made after services have been rendered. In addition, unless a vendor provides a Prompt Payment Discount (PPD) for early payment, payments for services will not be released by the Commonwealth until 45 days after services are rendered (“service to” date) or the date the department receives an invoice, whichever is the latter date.

Estimated Procurement Calendar

This contract will also be a rolling enrollment contract. After the initial deadline and review of proposals, DCR may allow prospective vendors to submit proposals through December 31, 2027

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.

Written questions via the Bid Q&A on COMMBUYS 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 DCR, including requests for clarification. The DCR 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 DCR to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Official Answers for Bid Questions Issued” 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.

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 Amendment Deadline

The Department 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 Department 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.

Procurement Specifications / scope of services

Pool Operator Training & Materials

Effective January 1, 1999, the pool supervisor of all public and semi-public swimming pools shall have successfully completed a course in the safe and effective operation and maintenance of swimming pools as evidenced by certification as a Pool Operator from the YMCA, the National Swimming Pool Foundation, or from any other organization providing equivalent training; subject to the approval of the Department.

Pursuant to this RFR, DCR seeks vendors to establish a Master Service Agreement (MSA) with multiple qualified instructors and/or instructor trainers to provide approved pool operator and/or instructor development programs directly to DCR’s new and existing pool managers and instructor candidates. Vendors must be able to provide all relevant training materials (such as manuals, textbooks, workbooks, exams, copyrighted content or materials, specialized equipment, posters, videos or other media, or any other supplies specifically associated with a relevant training program). DCR may pay reasonable costs associated with shipping/delivery of materials.

Qualified pool operator training programs must be recognized by the Massachusetts Department of Public Health (DPH) in accordance with 105 CMR 435.17(2) and any subsequent revisions to this regulation. Training must meet the minimum requirements as established by DPH. Training for pool operators will be designed to provide pool managers and others who shall participate with practical knowledge for operating public aquatic facilities. Training shall provide participants with instruction on (but not limited to) each of the following areas:

· Circulation; Filtration; and Water Balance

· Water Chemistry, including sanitizing chemicals as well as alternative sanitizers

· Preventing Recreational Water Illnesses

· Risk Management

· Basic facility operation and troubleshooting of common pool problems

Upon successful completion of this training the vendor will provide each participant with a certificate with an expiration date not to exceed five (5) years from the initial date of issuance. The schedule of this program shall be established by DCR to meet its operational needs.

Training for instructors shall be in conformance with instructor certifying requirements of the associated certifying agency.

Vendor Qualifications:

· Current/Valid Certified Pool Operator (CPO), Practical Pool Management PLUS (PPM+), and/or Aquatic Facility Operator (AFO) instructor certification for instructional staff

· Certification(s) must be valid and kept current for the duration of the contract with the Department

· Vendor(s) shall supply both textbook and all required instructional materials (e.g. workbook/study guide) for each student

· Vendor(s) shall supply written exams in accordance with procedures established by the certifying agency

· Vendor(s) shall provide or make arrangements for DCR to provide all necessary equipment related to these trainings such as LCD projectors, projection screens, or other related tools

· Vendor(s) must have the ability to provide trainings at various locations across the state

· Vendor(s) shall explain the process for retesting students who were unable to successfully complete the certification course on the first attempt

· Copies of all instructor certifications must be submitted in advance of course scheduling

· Willingness to conform to all Department policies, procedures, and expectations

Pricing:

Prospective bidders must provide an up-to-date schedule of rates for all courses they intend to teach as well as the cost of any materials they may provide to DCR staff conducting training. Vendor rates may be based upon a “per course” rate or a “per student” rate for relevant courses and retests. For vendor-conducted training, these rates must be inclusive of all training equipment, materials, books, and handouts for students, including shipping and handling charges, as well as any travel-related expenses. For training to be conducted by DCR staff, all materials (e.g., student packets, exams, recertification exams) shall be priced per unit.

Vendors may submit rate changes to DCR for review on an annual basis between November 1st and December 15th. DCR will review all requests for rate changes. Approved rate changes shall take effect starting January 1st of the following year and shall be effective through December 31st of that calendar year. Any rate change requests that are denied by DCR may result in contract termination.

DCR’s Course Cancellation Policy:

Furthermore, the Bidder agrees to DCR’s course cancellation policy. At no extra charge to DCR, winning Bidder(s) will reschedule based on: A) Short notice due to weather emergencies; and B) Insufficient enrollees, for which DCR will provide Bidder(s) with at least 2-week advance notice.

The following is a list of additional required information which Bidders must provide in the associated Bidder Response Form for this RFR:

· Profile of Bidder’s company/organization including experience and capacity

· Experience and qualifications of organization’s instructors

· Proof of current training certification for each instructor in each subject area

· Pricing per student and/or per training course

Small Business Purchasing Program This is a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

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.

Evaluation criteria

Bidders must submit responses that meet all the submission requirements of this RFR; including any items outlined in Section 3 of this RFR. Only responsive proposals that meet the submission requires will be evaluated and scored by the Procurement Team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Responses will be evaluated using the following general criteria:

· Vendor qualifications and experience

· Vendor ability to provide the services outlined in Section 3 of this RFR

· Assurance that only currently certified instructors will be used for training (Copy of instructor certification(s) should be submitted with bid response; if not, bidder must include in the response that copies of instructor certification(s) will be submitted prior to any scheduled training course)

· Pricing/Rates

· Minimum and maximum class sizes

· Charges/discounts for students who need to re-take the exam

· Extent of geographic area(s) vendor is able to service

· Prompt Payment Discounts (PPD)

· Environmentally Preferable Products/Practices (EPP)

INSTRUCTIONS FOR SUBMISSION OF QUOTES

Submittal via COMMBUYS 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. All Bidders may begin creating and compiling response materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit bid responses before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

All Bidders must submit responses online using tolls 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.

The following resources are provided to assist Bidders in submitting responses/quotes:

· An online job aid on How to Create A Quote in COMMBUYS

· Vendor Webcast Trainings on how to register in COMMBUYS and how to find bids (solicitations) and submit quotes (responses) through COMMBUYS

· COMMBUYS Support:

· Website: Key resources on the COMMBUYS Resource Center website

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

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

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.

REQUIRED FORMS & DOCUMENTS

The following forms and documents shall be applicable to this procurement and must be submitted with a vendor’s bid response in CommBuys:

· Bidder Response Form

· Bidder’s Schedule of Rates/Rate Sheet

· Valid Instructor Certification(s) or Statement that Only Currently Certified Instructors will be Used

· Prompt Payment Discount (PPD) Form

· Additional Environmentally Preferable Products/Practices (EPP) Form

· Massachusetts W-9 Form

Appendix 1 – Required Terms for all RFRs

General Procurement Information

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.

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.

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 lockbox 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.

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.

Terms and Requirements Pertaining to Awarded Contracts

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

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.

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.

APPENDIX 2 – RFR REQUIRED SPECIFICATIONS

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). 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 (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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 subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

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.

Best Value Selection and Negotiation. The Procurement Team may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The Procurement Team 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 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 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.

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

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

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

Requests for an appeal must be sent to the attention of the 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 Procurement Team, including requests for clarification. The Procurement Team 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 Procurement Team 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 Procurement Team 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 Procurement Team will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· All copies should be printed double sided.

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

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

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

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

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

Filing Requirements. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

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

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

Provider Data Management. The Executive Office of Health and Human Services (EOHHS) has established a Provider Data Management (PDM) business service that is integrated into the Virtual Gateway. PDM is accessible by providers with current POS contracts. Departments may require that bidders with current POS contracts submit certain RFR-required documents through PDM. These documents have been specified in the RFR. When submitting documents via PDM, bidders are required to print and sign a PDM Documentation Summary. PDM users should verify that all information is accurate and current in PDM. Bidders are required to include the signed PDM Documentation Summary in their RFR response.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The Procurement Team 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 3 - Instructions for Execution and Submission oF Commonwealth Standard Forms

Forms listed below may be electronically signed by the Bidder, see Acceptable Forms of Signatures. Bidders must, if notified of Contract award, submit the following four (4) forms within the timeframe referenced in the RFR section entitled Acceptable Forms of Signatures: The Commonwealth Standard Contract Form, the Commonwealth Terms and Conditions, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Contractor Authorized Signatory Listing.

Commonwealth Standard Contract Form By executing this document, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by the Procurement Team. Also, the terms of the RFR, the Bidder’s Response, and any negotiated terms shall be deemed accepted by the Department and included as part of the Contract upon execution of this document by the State Purchasing Agent or his designee.

If the Bidder does not have a Vendor Code beginning with “VC” or does not know their Vendor Code, the Bidder should leave the Vendor Code field blank. The Bidder should NOT enter a Vendor Code assigned prior to May 2004, as new Vendor Codes have been assigned to all companies since that time.

Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions If the Bidder has executed and filed the appropriate Commonwealth Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in. If the Bidder’s name, address, or Tax ID Number have changed since the Commonwealth Terms and Conditions form was executed, a new Commonwealth Terms and Conditions form is required. The Commonwealth Terms and Conditions are hereby incorporated into any Contract executed pursuant to this RFR.

This form must be unconditionally signed by one of the authorized signatories (see Contractor Authorized Signatory Listing, below), and submitted without alteration. If the provisions in this document are not accepted in their entirety without modification, the entire Proposal offered in response to this Solicitation may be deemed non-responsive.

The company’s correct legal name and legal address must appear on this form and must be identical to the legal name and legal address on the Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form).

Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) If a Bidder previously submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included. If the Bidder’s name, address, or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

Contractor Authorized Signatory Listing In the table entitled “Authorized Signatory Name” and “Title,” type the names and titles of those individuals authorized to execute contracts and other legally binding documents on behalf of the Bidder. Bidders are advised to keep this list as small as possible, as Contractors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block at the bottom of the first page of this form also will serve as an “Authorized Signatory,” that person’s name must be included in the typed table.

With regard to the next paragraph, which begins “I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk, or Legal Counsel for the Contractor…,” if your organization does not have these titles, cross them out and handwrite the appropriate title above the…