Dive RFR Amended.docx

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION (MassDOT ) Bridges and Structures

10 PARK PLAZA

BOSTON, MA 02116

REQUEST FOR RESPONSE (RFR)

DOCUMENT TITLE: Dive Equipment and Maintenance COMMBUYS Bid#: BD-15-1030-0H100-0H044-00000002888 Agency Document Number: MDOTBOSTON13 Release Date: 01/23/15Amended 2/6/15

This Procurement is accordance with the World Trade Organization Procurement Agreement

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.

Document Sensitivity Level: High during development; Low once published. Template v 8.1

Table of Contents Page i Document Sensitivity Level: High during development; Low once published.

RFR Introduction and General Description Procurement Scope and Description The Massachusetts Department of Transportation (MassDOT) is soliciting bidders for the repair, maintenance and purchase of diving equipment, boats, motors and other miscellaneous items of equipment associated with conducting underwater operations on a statewide basis. The contract may be utilized by other Commonwealth public entities upon MassDOT’s discretion and approval. Upon approval, entities must execute their own separate contract that meets their own legal and business requirements and will be responsible to manage the contract on their own behalf.

Applicable Procurement Law This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 Number of Awards It is anticipated that MassDOT may award up to 10 vendors. This is a target number; MassDOT may award more or fewer if it is in the best interests of the MassDOT to do so. MassDOT reserves the right to award by product, group of products or total bid. MassDOT further reserves the right to reject any or all bids, waive technicalities and to make awards in the best interest of the MassDOT. MassDOT reserves the right to reject awarding a contract due to unacceptable past performance by a contractor. The Contract Manager and MassDOT shall have the final authority in selecting the product categories to be awarded.

Adding Vendors after Initial Contract award If, over the life of the Contract, MassDOT determines that additional vendors should be added, these may first be drawn from qualified companies which responded to this bid but were not awarded contracts.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid are Outright Purchase.

Contract Duration

Initial Duration

N/A

No agreements for services may be executed after the Contract has expired. MassDOT reserves the right to re-open contract at its discretion at any time to add vendors if needed.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $25,000.00 per Contractor. MassDOT makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels. The estimated value for this Bid was based on spending on previous, similar contracts.

Estimated Procurement Calendar

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

Amendment Deadline MassDOT 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. MassDOT and MassDOT accepts no responsibility and will provide no accommodation to Bidders who submit a Bid based on an out-of-date posted information or on information received from a source other than COMMBUYS.

Specifications Additional required terms appear in the Appendices to this RFR.

Bidder Qualifications See Bid Response Form and follow instructions. See additional instructions under section 8.

Inventory Vendor must maintain an inventory of the parts that are commonly replaced during routine maintenance. Vendor must guarantee all parts and repair work for at least six months. Vendor must offer priority service for Department repairs when requested. Vendor must provide a repair cost estimate prior to work being started when requested. Vendor's shop must be open during normal daylight working hours so Department Personnel can drop-off or pick-up repairs.

Contract Flexibility The Contract Manager shall have the final authority, with the approval of MassDOT, in all operational matters pursuant to this Contract. The Contract Manager, prior to implementation or performance, must approve alterations, substitutions, or modifications to this contract. These modifications, etc. may include new products not originally awarded but that MassDOT views as value added and may therefore be added to the Contract.

The Contract Manager, in consultation with MassDOT, may amend this Contract, at any time, during the Contract term and/or its extension years.

The Contract Manager, working with MassDOT, has the authority to remove or replace a Contractor with one of the original qualified, non-awarded Bidders.

Orders and Delivery Requirements This contract will have no minimum order requirement. All items purchased from the contractor(s) will be successfully delivered to the appropriate location FOB. The term FOB shall mean delivered on-site, at contractor risk, with all charges for transportation prepaid by the contractor. The Massachusetts Highway Department will not process payment for any freight delivery or other handling charges. No Fuel Surcharges can be added to this contract.

Deliveries to locations will only be accepted Monday through Friday, excluding State and local Holidays, between the hours of 8:30 A.M. and 3:00 P.M. unless prior arrangements have been made with the purchasing entity.

The purchasing entity must be notified at least twenty-four hours in advance of all deliveries so that he can schedule receiving operations, or delivery may be rejected.

UNDER NO CIRCUMSTANCES SHALL DELIVERED PRODUCTS EXCEED THE TOTAL PRODUCTS SHOWN ON THE DEPARTMENT/ELIGIBLE ENTITIES PURCHASE ORDER. The Contractor shall bear the full responsibility for any additional materials shipped above the amount shown on the Payment Voucher and shall not receive payment for it.

Payment Invoices submitted by the Contractor shall be for the entire delivered quantity of a Payment Voucher less only the reasonable differential occasioned by the Contractor’s shipping facilities. No partial invoices against a total purchase order will be processed.

Invoices must be presented for payment within 10 business days after final delivery of the quantity shown on the Payment Voucher and acceptance thereof by the Commonwealth.

MassDOT will only be responsible for materials ordered by an agent of the MassDOT. MassDOT shall not be responsible for materials ordered by any other purchaser, Authorities, Municipalities, Cities, Towns, etc.

Other Terms Source of Supply and Quality MassDOT reserves the right to require approval of the source of supply for any product to be incorporated into the work prior to delivery or manufacture.

Chapter 7, Section 22, Clause 17, of the Massachusetts General Laws, as amended, shall apply to the purchase by the Contractor of supplies and products to be used in the execution of this Contract. The rules referred to require a preference in the purchase of products, other considerations being equal, in favor first, of supplies and products manufactured and sold within the Commonwealth, and second, of supplies and products manufactured and sold within the United States.

If at any time, a bidder has not made satisfactory progress, he shall increase his efforts to such an extent as may be deemed necessary by the Engineer. If at any time, the Engineer shall be of the opinion and shall so certify in writing to a contractor that the work or any part thereof is unnecessarily or unreasonably delayed (delivery required within sixty (60) days from receipt of order) has violated any of the provisions of these Specifications, the Department may notify the contractor and the Department may cancel outstanding orders. In such a case, MassDOT shall not be liable for any expense suffered by the contractor as a result of its action and the contractor shall be prohibited from further performance under the terms of his bid as it may specify.

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 their subcontractors. A bidding company must have all mandatory licenses with an employee that works directly for the company for a specific trade in order to be awarded that trade. A prime vendor cannot use a subcontractor’s license in order to bid on a specific trade.

Emergency response plans/preparedness In a declared State of Emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply MassDOT with services under the Contract on a priority basis.

Continued Qualification Based on Performance Contractors shall give their personal attention to the faithful performance of the work, shall keep the work under their personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof without the prior written consent of MassDOT. All assignments or transfers of any rights or interests in the contract by the Contractor shall be void, without the prior written consent of MassDOT.

The bidder shall provide all such facilities as the Engineer may deem necessary for him to inspect the materials, methods, and equipment used and shall notify the Department of his manufacturing schedules to enable proper inspection during production. Whenever the bidder is not present he shall appoint an authorized representative to whom the Engineer may give instruction as necessary.

It is required that the Contractor maintains customer satisfaction in the following areas:

· Delivery of product will be as specified in this RFR.

· Product Support (including but not limited to providing price lists and brochures and technical information) will be maintained as specified in this RFR.

Each contractor’s performance will be evaluated on an ongoing basis and these evaluations will be utilized in determining whether or not to extend the contract.

The bidder shall provide all such facilities as the Engineer may deem necessary for him to inspect the materials, methods, and equipment used and shall notify the Department of his manufacturing schedules to enable proper inspection during production. Whenever the bidder is not present he shall appoint an authorized representative to whom the Engineer may give instruction as necessary.

Failure to Perform Contractual Obligations Problems with service quality, documentation, customer service and/or failure to adhere to any provisions of this RFR or MassDOT’s standard operating procedures will be addressed by giving the Contractor a specific period of time to correct the situation. If the situation has not been corrected in the allotted time period or if the problem reoccurs, the MassDOT may impose penalties including but not limited to the ones listed below:

· Requiring the Contractor to credit the Eligible Entity based on the period of time when the quality of service was unsatisfactory.

· Issuing penalties, including, but not limited to the estimated cost of any remedial action incurred by the Eligible Entity.

· Suspending the Contractor until the problem is resolved.

· Terminating the contract. The Contract Manager, in concert with MassDOT, has the authority to remove a Contractor from this Contract for poor or non-performance.

Cancellation of Contract MassDOT reserves the right to terminate contracts upon a thirty day written notice or terminate contracts IMMEDIATELY if the contractor does not conform to the terms and conditions of the contract or breaches any material element of the contract. Additional costs to MassDOT due to procurement and/or purchase from alternate sources shall be the liability of the Awarded Contractor.

Contract Management (Contractor’s interface with MassDOT’s Contract Manager) The Contractor shall provide an Account Manager and Regional Representative. The Contract Manager who shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Commonwealth and the supplier. The Account Manager must respond within 24 hours to the Commonwealth. If a site visit is required, the Regional Representative must be present on site within 48- 72 hours.

The Bidder must provide in its Response the name of at least one individual who will be the Account Manager for the contract term. This Account manager will be responsible for:

At the point that a purchaser cancels those outstanding orders, it may secure needed supply from an alternate source. In such a case, the defaulted Contractor shall be responsible for any additional cost incurred and expense suffered by the purchaser as a result of its action. Such Contractor may be prohibited from further performance under its contract. MassDOT may consider such default in determining awards in future procurements.

Preparation and Execution of Bids The Bidder is responsible for performing any investigation or research regarding all conditions affecting the work to be done and labor and material needed, and make his Bid in sole reliance thereon.

Each Bidder shall submit with its bid evidence that it has the necessary equipment, storage facilities, experience, ability and capital to furnish the required products in the manner prescribed and to perform the required work satisfactorily.

Bidder's Liability The Bidder hereby agrees in its bid to indemnify the Commonwealth for the payment of any other claims or demands of whatever nature, which may arise, during the performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder hereby agrees to release the Commonwealth from all liability in connection with the payment of damages, claims, freight charges, demurrage, cost of material and other claims or demands of whatever nature which may arise, during the Contractor's performance of work under any order issued pursuant to a contract awarded under this Request for Response.

The Bidder agrees that title, ownership and the incidents thereto of all products to be purchased under any contract resulting from this Request for Response shall not vest in the Commonwealth until such material are delivered to and accepted by the Commonwealth

Evaluation criteria Any award(s) resulting from this RFR will be based on compliance with the Business and Technical specifications put forth in this RFR document. The overall Evaluation Criteria is sealed and will not become public until after all bids have been evaluated and the Contract has been awarded.

Any award(s) resulting from this RFR will be based on compliance with Technical and Business specifications set forth in this RFR document. Pricing will represent a certain percentage in the total evaluation of the responses to this RFR.

RFR responses will be evaluated and awarded based on “the Best Value to the Commonwealth”

MassDOT reserves the right to request clarification of Responses following the bid submission, and to determine that any non-compliance is insubstantial, can be corrected, or that an alternative proposed by the Contractor is acceptable

On any questions concerning interpretation of specifications, the acceptability and quality of products furnished and/or work performed, MassDOT shall have final and binding decision making authority.

A mandatory specification is one that must be met in order for a response to be considered responsive. Any response, which fails to meet a mandatory specification of this RFR, may be considered non-responsive and disqualified unless MassDOT, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, MassDOT may allow the bidder to make minor corrections to their technical and business response. No corrections will be allowed to bid pricing offered.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with MassDOT to receive a Contract award. Selection of the Vendors for this contract will be based on the overall responsiveness of the bidder's response to this RFR. All mandatory requirements must be met.

Evaluation Components The Bid Response Form will be evaluated. Labor rates will be highly valued in the evaluation.

HOW TO SUBMIT A BID RESPONSE

Email completed Bid Response Form to max.feldpausch@dot.state.ma.us.

Instructions for Execution and Submission of Forms The purpose of this appendix is to provide guidance to Bidders on the MassDOT Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

To Be Submitted with Bid Bid Response Form RFR Submission Checklist / First Page of Vendor Response Form MassDOT seeks to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist. By submitting the RFR Submission Checklist with a response, Bidders agree to all specifications for this Solicitation, including the RFR and all the documents within all the tabs, including the Specifications tab.

Page 2 of Bid Response Form Labor Rate / Pricing The Awarded Contractors must deliver products within sixty (60) business days after receipt of an order, unless Contractor agrees to notify the appropriate MassDOT contact person within 24 hours of any unavailable item(s) and the expected delivery date. In addition, MassDOT has the right to reject products delivered late. Product delivery is to be made via Contractor's vehicles. Product delivery and liability remains with the Contractor until the products are properly delivered and signed for by MassDOT.

MassDOT reserves the right to negotiate pricing and product specifications at any time during the contract period for the best interests of the Commonwealth. MassDOT reserves the right to request additional information. MassDOT reserves the right to reject any requested price increases, which they deem excessive. MassDOT also reserves the right to negotiate decreases in pricing.

Prompt Payment Discount Form Complete as directed below; include with online submission. Ink signature is not required. Pursuant to the Prompt Payment Discount terms set forth in the RFR Required Specifications for Statewide Contracts and on the Prompt Payment Discount Form itself, all Bidders must execute this form. After entering the “Bidder Name” and “Date of Offer for Prompt/Early Payment Discount”, the Bidder must identify the prompt payment discount(s) terms by indicating the “Percentage Discount off of the Proposed Pricing” and the “Turn-around-time for Payments.” In the event of a hardship that prevents the Bidder from offering a prompt payment discount, the Bidder must document this fact and provide supporting information. If awarded a contract, the final negotiated Prompt Pay Discounts should be reflected on the Commonwealth Standard Contract Form.

Executive Order 515, Establishing an Environmental Purchasing Policy / EPP Plan 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.

Forms to be submitted only Upon Award Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures. However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink within the timeframe referenced in the RFR section entitled Ink Signatures:

MassDOT Standard Contract Form If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, 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 MassDOT. Also, the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by MassDOT and included as part of the Contract upon execution of this document by MassDOT.

If the Bidder does not have a Vendor Code beginning with “VC,” or does not know what their Vendor Code is, 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.

Signature and date MUST be handwritten in ink, and the signature must be that of one of the people authorized to execute contracts on behalf of the Contractor on the Contractor Authorized Signatory Listing (See below).

MassDOT Terms and Conditions If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If the Bidder has already executed and filed the MassDOT Terms and Conditions form pursuant to another RFR or Contract, a copy of this form may be included in place of an original. If the bidder’s name, address or Tax ID Number have changed since the MassDOT Terms and Conditions form was executed, a new MassDOT Terms and Conditions form is required. The MassDOT 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 (W9 Form) If notified of Contract award, complete as directed below and submit on paper with original ink signature and date, or submit a copy of a previously executed, up-to-date copy of the form as directed below.

If a Bidder has already 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 in place of an original. 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 If notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

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 Vendors will be required to notify the Procurement Manager of any changes. If the person signing in the signature block on the bottom of the first page of this form will also 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 paragraph.

The signature and date should be handwritten in ink. Title, telephone, fax and eMail should be typed or handwritten legibly.

The second page of the form (entitled “Proof of Authentication of Signature”) states that the page is optional. However, the “optional” aspect of the form is that Commonwealth Departments are not required to use it. In the case of Statewide Contracts, this page is REQUIRED, not optional. The person signing this page must be the same person signing the Standard Contract Form, the Commonwealth Terms and Conditions, and the RFR Checklist.

Please note that in two places where the form says “in the presence of a notary,” this should be interpreted to mean “in the presence of a notary or corporate clerk/secretary.” Either a notary or corporate clerk/secretary can authenticate the form; only one is required.

Organizations whose corporate clerks/secretaries authenticate this form are not required to obtain a Corporate Seal to complete this document.

Electronic Funds Transfer Form If notified of Contract award, complete as directed.

Appendix 1 – Required Terms 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 MassDOT 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 MassDOT and will not be returned to the Bidder. MassDOT reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

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

Prohibitions Bidders are prohibited from communicating directly with any employee of MassDOT regarding this RFR except as specified in this RFR, and no other individual MassDOT 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 MassDOT’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.

MassDOT 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 SST 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, MassDOT employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

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.

Items with the text, " Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

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

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

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

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.

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

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

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

Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. 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. Required for POS Only. Not applicable to non-POS bidders. 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. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

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

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

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

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

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

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

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

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

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-reusable 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.

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: Executive Order # 509 Guidance.

Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. 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.

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.