DCR 930 Parking Ticket Management RFR Updated.pdf

Updated: October 20, 2023

ISSUE DATE:

1. Description or Purpose of Procurement:

The Commonwealth of Massachusetts Department of Conservation & Recreation (DCR) seeks a vendor to provide parking ticket management services to meet the DCR’s specific needs.

2. Applicable Procurement Law

Check

Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52;

801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22;

and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815

CMR 2.00

3. Acquisition Method: The acquisition method to acquire goods and/or services from this bid is purchase through subscription.

Purchasing Department Dept. of Conservation & Recreation

Address 10 Park Plaza STE 6620

City, State Zip Code Boston, MA 02116

Procurement Contact Person Jordan Braxton

Telephone Number 617-820-8212

Fax Number n/a

E-Mail Address Jordan.braxton@mass.gov

RFR Name/Title Parking Ticket Management System

RFR Number DCR 930

COMMBUYS Bid Number BD-24-1020-DCRCU-DC250-97803

REQUEST FOR RESPONSE

PARKING TICKET MANAGEMENT SYSTEM

RFR #_DCR 930 / COMMBUYS Bid# BD-24-1020-DCRCU-DC250-97803

Check All Applicable (“X”): Category

Fee-For-Service

Outright Purchase

Rental (not to exceed 6 months)

Term Lease

License

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

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

Check One (“X”):

Single Contractor

Multiple Contractors

a. Estimated Number of Awards

The target maximum number of Contractors is one (1) ; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award

If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may 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.

5. Entities Eligible to Use the Resulting Contract

Check One

(“X”):

Eligible Entities

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

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

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

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

Contract

Duration Number of Options

Number of

Years/Months Instructions

Initial Duration

3 Yrs. The contract will be executed for this initial duration and will run from the contract effective/start date (execution date) for this initial duration.

Renewal Options

2 Yrs.

Total

Maximum

Contract

Duration

5 Yrs.

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $53,000

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

8. Contract Performance and Business Specifications:

Commodities being Procured: DCR seeks a vendor to provide a comprehensive management system shown to be a workable and successful product for parking ticket tracking and collections.

The agency anticipates the system to include a number of components, including parking ticket software for processing, compliant with DCR and Commonwealth of Massachusetts vehicle and traffic laws.

Note: DCR and the vendor will jointly sign the Commonwealth’s Standard Contract Form. The vendor will sign the Commonwealth’s Standard Terms and Conditions among other forms required by the

Office of the Comptroller (see Section 11 below). DCR will NOT sign any additional licensing agreement including a separate software licensing agreement. DCR will be bound only by the Contract and Standard Terms and Conditions.

The selected Bidder must be willing to certify compatibility and the ability to integrate with the

Commonwealth’s card processing vendor (see Statewide Contract PRF59designatedOSC – see https://www.mass.gov/files/documents/2016/07/og/prf59.pdf) and ACH vendor (Sage) environments.

https://www.mass.gov/files/documents/2016/07/og/prf59.pdf

See additional IT conditions in Appendix 4 (below).

Specific components of the parking ticket (citation) management system must include:

Citation Processing System

Handheld Ticket Writers

Hardware and Software (secured by subscription) to manage tracking and processing of citations.

New Ticket Entry protocols

Digital Imaging (tickets and vehicle information)

Payment Processing

Flexibility in Payment options: Web-based, in person payment (money order) at

Boston central office

Nationwide Registry of Motor Vehicle (RMV) Research and Integration, including interface with MA RMV non-renewal system.

Delinquent Notification

Towing Notification System

Appeal Tracking/Hearing Calendar

Parking Permit Program

Transaction and History Audits – including ticket issuance reports.

Report Generation – on demand (commonly by daily download)

Training

Technical Assistance

File Security

The system must have the following capabilities:

Connect each citation to a particular license plate.

Provide a log of transactions/interactions associated with the citation.

Provide an audit trail for the citation.

Provide the system manager an opportunity to update information as needed.

Place a citation on hold during any appeal process granted.

Adjust amounts of fines/late fees/etc.

Display accumulated citation for any one violator.

Access to the software should be provided through a vendor hosted web-based platform.

Appeals must be available online as well as traditional “in office/in-person” availability.

For citations paid by check, if any check is returned due the payment software must be capable of tracking restitution (see below)

The vendor must supply DCR with 15 new durable handheld ticket writers compatible with the system able to record data, print tickets and perform other related needs. Handhelds must be capable of uploading ticket information to the vendor supported web-based data collection system.

A per unit price for additional units should also be provided.

The selected vendor must provide adequate security features for both the hardware and software of the system, such as password security, and provide an audit trail of record changes to the system by all users. Please detail such security measures in your Response.

Handheld ticket writers must have the following minimum features:

Each unit must be self-contained with a built-in thermal printer.

Battery operated with a rechargeable battery with a minimum 8-hour charge.

Lightweight and easy to use with little training.

Integrated barcode reader capable of scanning Registry of Motor Vehicle (RMV) inspection stickers

Integrated color camera with flash and zoom –including “low light” capability.

Functional in all weather conditions

Durable – able to withstand a drop of 4 feet to concrete without damage; resist dust and water damage.

Fully wireless capabilities include Bluetooth, Wi-Fi, and General Packet Radio Service

(GPRS)

Operate in temperatures of -4-to-122-degree Fahrenheit.

Vendor must provide all ticket stock as part of their contract at no additional cost.

Includes a car charger for remote re-charge of equipment battery (and related cable[s]

All handhelds are to be replaced and upgraded every 36 months at no additional cost to the

Agency.

Images that are captured by the handheld ticket writers must be in color and available for retrieval and viewing through the vendor’s proposed parking system. Handheld ticket images must be associated with the individual tickets issued. Handheld images must also be available to customers throughout the on-line ticket payment and appeal system.

If periodic system upgrades necessitate a commensurate upgrade to the handheld ticket writers, new writers will be provided to the agency at no additional costs. The vendor must confirm that they will be responsible for the maintenance, repair, and replacement of this and any related equipment at no additional charge to the agency. This includes the ticket writers, printers, batteries, chargers, and cables. Replacement units must be available within 36 hours or less, again at no additional cost.

Responses must also address the following concerns:

Vendors should indicate what equipment the agency must provide and what equipment will be provided to ensure maximum functionality of their system.

The vendor must provide on-site training on any equipment, software, and ancillary materials provided in order for the vendor product to be employed successfully by the agency. This includes

“in-office” and “in-field training”. This training is expected to be provided in the City of Boston.

Responses must address how this will be achieved for 1) project implementation 2) system upgrades

3) integration of new DCR employees. Updates and ongoing technical assistance must also be provided at no additional charge.

Payment processing for citations must offer flexibility, including full and partial payments. Walk-in, mail in, by-phone, and online payment options must all be available to the Agency. For citations paid by check, if any check is returned due the payment software must be capable of tracking that as well.

Any online payment program must be PCI compliant, secured with current encryption technology.

Respondents are required to directly interface with the State of Massachusetts Registry of Motor

Vehicles and must have an account with the same for license plate lookup services. Registered owner name retrieval with the State of MA RMV must occur at least weekly. Proof of said account must be available for inspection by DCR. The use of third-party sources such as NLETS is unacceptable.

Respondents should describe their system integration with national Department/Registries of

Motor Vehicle databases. This integration is both for validation of vehicle owner/address as well as notification of violators with unpaid citations. Particular focus should be given to the experience and direct access to the out-of-state Department of Motor Vehicle (DMV) agencies or equivalent, particularly with the nearby States of Connecticut, New York, New Hampshire, Maine, Rhode

Island, and Vermont.

The issuance of notices for citations which are delinquent must also be a part of the comprehensive vendor hosted system. This must include at a minimum notice of overdue (unpaid) parking violations, in a manner approved by the agency, including any escalating fines or fees consistent with DCR regulations. Further, the selected vendor will be required to oversee and administer the

Massachusetts Registry of Motor mark and clear program, to process registration holds and clears with the RMV for those violators who have unpaid parking tickets.

Successful responder will be responsible for the issuing and sending of all parking violation notices.

Each type of notice should have the provision of up to twenty (20) line items.

Each notice should identify:

The date the notice is generated.

The vehicle’s registration/ plate number and state

Each notice should also include the following:

Ticket data

Ticket number

Violation

Violation location

Fine amount

Penalty amount

Total amount due for all listed tickets

Tickets issued to owners of lease/rental vehicles should be processed pursuant to Chapter 90, Section 90E of the Massachusetts General Laws. The system should allow for name and address changes as specified by the Lessor. Notices must be sent to the Lessee and a monthly list of notices, specifying the registration and lessee’s name supplied to the Parking Office. Vendor system must identify these tickets and inhibit marking at the Registry of Motor Vehicles.

The recommended product must also account for citation appeals and scheduled hearing(s).

Vendors should describe how their solution will address this.

Vendors must identify the security protocols ensuring that agency and vehicle owner information is protected and secure.

DCR requires a number of reports on demand in order to assure proper tracking of payments and receipt of funds. Respondents must describe:

the most common reports provided similar customers and the format(s) used.

the frequency data is updated to the system and available for report download.

the format in which data is provided (DCR has been receiving citation reports in ASCI format)

Further, respondents should describe what reports will be available to download information/data at the end of the contract term, suitable to ensure a seamless transition to a new program/vendor if determined to be in the best interests of the agency.

The selected respondent is required to provide at no additional charge:

All maintenance (both vendors supplied hardware and software) required to run the recommended system.

All installation costs.

A toll-free number for DCR Staff to contact vendor service/ support – provide the hours the support line is available.

All initial and ongoing training

Provide for retention of data for ten (10) years.

A total backup for all web-based software, data, hardware, and other equipment is required.

Respondents must specify their protocols for backing up their files.

Respondents must commit to have their system prepared, tested, and ready for use within 45 days of contract award.

Fiscal Terms: All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 36 months after final contract end date. 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.

Fiscal Terms: All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than the fin al contract end date. No new leases, rentals, maintenance, or other agreements for services may be executed after the contract has expired without a specific amendment executed by the agency. 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.

Performance Measures:

9. Small Business Purchasing Program

This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's

Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more

SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the

Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

10. Environmentally Preferable Products

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

11. Evaluation Criteria

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

The following criteria will be considered by the agency when evaluating each submission.

Price

Prompt Payment Discount

Experience Years in business providing similar services Key Staff assigned as DCR liaison/support have relevant experience Business References – provide a Business Reference Form

Management system versatility Recommended equipment to be provided Reporting Format Integration with RMV data Report Generation Meets needed features of desired program.

Overall ability to meet DCR expectations COOP plan Vendor key staff/skills Responding to agency concerns about vendor staff issues.

Supplier Diversity Plan (will account for 10% of overall score)

Environmentally Preferable Products/Practices

Executive Order 504 Commitment

Required Specifications for Information Technology

Response is complete – all information requested is provided

If the vendor is certified as a Small Business by the Operational Services Division, the certification letter should be provided with the Response. Such certification will be viewed as a preference item.

12. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

EDIT AS APPROPRIATE:

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.

13. Estimated Procurement Calendar

Procurement Activity Date Time

Announcement of Intent to Procure

Bid Release Date 02/05/2024

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

02/13/2024 5:00 PM

Official Answers for Bid Q&A published

(Estimated)

02/15/2024 5:00 PM

Bid Amendment Deadline / Online Quote

Submission Begins. Bid documents will not be amended after this date.

02/19/2024 5:00 PM

Deadline for Quotes/Bid Responses (“Bid

Opening Date/Time” in COMMBUYS)

02/19/2024 5:00 PM

Notification of Apparent Successful

Bidder(s) (Estimated)

03/01/2024

Negotiations (Estimated)

Estimated Contract Start Date 04/01/2024

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

a. Online Questions (Bid Q&A)

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above) .

The issuing department reserves the right not to respond to questions submitted after this date. It is the

Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the

Purchasing Department, including requests for clarification. The Purchasing Department and the

Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded

Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted

Online” date indicated in the Estimated Procurement Calendar (above).

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

b. Bid Amendment Deadline

The Purchasing 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 Purchasing Department and the

Commonwealth accept 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.

c.Quotes (Bid Responses) Deadline (Bid Opening Date/Time)

See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated

Procurement Calendar (above).

d. Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

14. Required Forms

Responses to this RFR must contain the following documents:

Check if applicable (“X”)

Form/Document Notes/Instructions (If any)

Commonwealth Terms & Conditions/Commonwealth IT Terms and Conditions

Wet Ink Signature Required

Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

Wet Ink Signature

Standard Contract Form and Instructions Wet Ink Signature

Contractor Authorized Signatory Listing Wet Ink Signature

Check if applicable (“X”)

Form/Document Notes/Instructions (If any)

Authorization for Electronic Funds Transfer Electronic Submission

Additional Environmentally Preferable Products/Practices

Electronic Submission

Supplier Diversity Plan Form 1 (SDP Plan Commitment)

Electronic Submission

Prompt Payment Discount Form Electronic Submission

Business Reference Form Electronic Submission

The above attachments are available as part of the Bid record on COMMBUYS

(WWW.COMMBUYS.COM).

15. RFR Attachments

The following attached forms are part of this RFR, are hereby incorporated by reference and are to be part of any agreement between bidder(s) and DCR. Bidders must complete, execute, and deliver, as applicable, all forms for contract award.

APPENDIX A – REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Set forth in full below and available online at: https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services

APPENDIX B – STANDARD CONTRACT FORM (7/22/2021) (INCORPORATES BY REFERENCE

COMMONWEALTH TERMS & CONDITIONS)

APPENDIX C – STANDARD CONTRACT FORM INSTRUCTIONS & CONTRACTOR CERTIFICATIONS

(8/6/2021)

APPENDIX D – COMMONWEATH TERMS & CONDITIONS FOR HUMAN & SOCIAL SERVICES

(10/25/2019)

APPENDIX E – PROMPT PAYMENT DISCOUNT FORM

https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf

APPENDIX F – ENVIRONMENTALLY PREFERABLE PRODUCT INFORMATION

APPENDIX G – SUPPLIER DIVERSITY PROGRAM (SDP)

(Not applicable to this RFR as this is a Small Business Purchasing Program (SBPP) Procurement) http://www.commbuys.com/ https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.mass.gov/doc/rfr-required-specifications-for-commodities-and-services https://www.macomptroller.org/wp-content/uploads/form_prompt-pay-discount.pdf https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-

APPENDIX H – CONTRACTOR AUTHORIZED SIGNATORY LISTING (INCLUDED HERE FOR

INFORMATIONAL PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/

APPENDIX I – MASSACHUSETTS SUBSTITUTE W-9 FORM (INCLUDED HERE FOR INFORMATIONAL

PURPOSES ONLY. REQUIRED UPON AWARD OF CONTRACT)

https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf

APPENDIX A

RFR - REQUIRED SPECIFICATIONS FOR COMMODITIES & SERVICES (JULY 13, 2023)

Revision Date: July 13, 2023

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

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

1. 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 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.

https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.mass.gov/lists/sdo-forms#supplier-diversity-program-(sdp)-plan-forms-for-goods-and-services-https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/announcement/new-contractor-authorized-signatory-listing-casl-forms/ https://www.macomptroller.org/wp-content/uploads/form_w-9.pdf http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

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.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in COMMBUYS; 2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; 3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and 4) in the event the Commonwealth adopts an alternate e-procurement platform, 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).

COMMBUYS uses terminology with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS Resources page on mass.gov.

3. 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.

4. 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.

5. Supplier Diversity Office (SDO) Programs. Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/learn-about-commbuys-resources?_ga=2.24616762.1416695406.1632336759-758386467.1632336759 https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, see the body of this RFR.

6. Small Business Purchasing Program (SBPP) Required

Program Background. The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the

SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference. While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic

Sourcing Services Team (SST) will not evaluate submissions from non-SBPP participants unless no SBPP

Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility. To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts.

2. Been in business for at least one year.

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney

General’s Office and be up to date with all filings required by that office and be tax exempt under

Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements. It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract.

Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

https://www.mass.gov/sbpp https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.commbuys.com/bso/ http://www.mass.gov/sbpp

Program Resources and Assistance. Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP Webpage, or contact the SBPP Help Desk at sbpp@mass.gov.

7. Supplier Diversity Program (SDP)- Not Required

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity

Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity

Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements. All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the

SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships. Bidders and Contractors may engage SDP Partners as follows:

http://www.mass.gov/sbpp mailto:sbpp@mass.gov https://www.mass.gov/executive-orders/no-599-reaffirming-programs-to-ensure-diversity-equity-and-inclusion-for-diverse-and-small-massachusetts-businesses-in-state-procurement-and-contracting https://www.mass.gov/sdp https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility. The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, their subsidiaries, or affiliates as SDP Partners and may not meet their

SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veteran Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://www.wbenc.org/certification/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the

SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describe the bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

• A clearly stated purpose or goal.

• Specific types of diverse and small businesses targeted.

• Which departments/units within the business are responsible for implementing supplier diversity.

• Types of opportunities for which diverse and small businesses are considered.

• Specific measures/methods of engagement of diverse and small businesses.

• An existing internal supplier diversity policy.

• Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

http://www.mass.gov/sdo https://www.mass.gov/forms/take-the-certification-self-assessment

SDP Spending Reports. After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Contractors must follow report submission instructions from the issuing department and the SDO.

SDP Spending Compliance. Only spending with SDP Partners that appear in the SDO Directory of

Certified Businesses or in the SBA Veteran Small Business Certification (VetCert)directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP

Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment, and the SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP

Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP

Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance. Contractors seeking assistance in the development of their SDP

Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

8. Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products).

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

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

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ http://www.mass.gov/sdp mailto:sdp@mass.gov

10. Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SSST 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.

11. 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.

12. 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.

13. 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 SSST, including requests for clarification.

The SSST 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 SSST to be lost or rejected by any means including email or spam filtering.

14. 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 is able to 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 may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD

Forms page ( www.mass.gov/lists/osd-forms). Additional information about EFT is available on the

VendorWeb site (www.mass.gov/osc). Click on MASS finance.

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 already is enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

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 SSST 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 SSST will consider such requests on a case-by-case basis and communicate the findings to the bidder.

15. Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State

Agencies. Food purchased and served by state agencies must be in compliance with Executive Order

509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

16. 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…