DOL Conference Space RFR 11.15.24 .pdf

DOL- CONFERENCE SPACE-2025 RFR/ COMMBUYS Bid# BD-25-1087-REG01-REG01-105269

THE COMMONWEALTH OF MASSACHUSETTS

Executive Office of Economic Development

Office of Consumer Affairs and Business Regulations Division of Occupational Licensure

Request for Response (RFR)

Document Title: Conference Space

COMMBUYS Bid#: BD-25-1087-REG01-REG01-105269

Agency Document Number: DOL-CONFERENCE SPACE-2025

11/15/2024

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that may be found on COMMBUYS (www..com). Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are incorporated into the Bid. Bidders also may contact the OSD Help Desk at OSDHelpDesk@mass.gov or by phone at 1-888- MA-STATE (627-8283). The OSD Help Desk is staffed from 8:00 p.m. to 5:00 p.m.

Monday through Friday, Eastern Time, except during federal, state, and Suffolk county holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

CONTENTS

1.1 Procurement Scope and Description

1.2 Applicable Procurement Law

1.3 Number of awards

1.4 Adding Contractors after initial Contract award ................ Error! Bookmark not defined.

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Contract Duration

1.8 Estimated Value of the Contract

2. ESTIMATED PROCUREMENT CALENDAR

2.1 Written questions via the Bid Q&A on COMMBUYS

2.2 Locating Bid Q&A

2.3 Amendment Deadline

3. SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company experience

b)Years in business - Bidders MUST have at a minimum two (2) years’ experience in the category bid

3.2 Commodity Specifications

3.2.1 Brand name or equal

3.3 Service Specifications

3.3.1 Geographic service and delivery areas

3.3.3 Accommodation/Parking Space Requirement

3.4 Small Business Purchasing Program

3.4.1 Program Background

3.4.2 SBPP Award Preference

3.4.3 SBPP Participation Eligibility

3.4.4 SBPP Compliance Requirements

3.4.5 Program Resources and Assistance

3.5 Supplier Diversity Program

3.5.1 Program Background

3.5.2 Financial Commitment Requirements

3.5.3 Eligible SDP Partner Certification Categories

3.5.4 Eligible Types of Business-to-Business Relationships

3.5.5 Program Flexibility

3.5.6 SDP Plan Form Requirements

3.5.7 Evaluation of SDP Forms

3.5.8 SDP Spending Reports & Compliance

3.5.9 SDP Spending Verification

3.5.10 Program Resources and Assistance

3.6 Environmental Specifications

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.7 Compensation Structure/Pricing

3.7.1 Cost tables

3.7.2 Prompt Pay Discounts (PPD)

3.7.3 Fuel surcharge provisions

3.7.4 Shipping FOB Destination

3.7.5 Sample Configurations/Scenarios for evaluation

4. OTHER TERMS

4.1 Security and confidentiality

4.2 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

4.3 Orders

4.3.1 Request For Quotes

4.3.2 Order cancellations

4.3.3 Shipping, Delivery and Acceptance

4.4 Failure to perform contractual obligations

4.4.1 Termination/Suspension

5 AUDIT

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

6.3 Evaluation Components

6.3.1 Price

6.3.2 Supplier Diversity Plan

7 HOW TO SUBMIT A QUOTE

7.1 Quote Submission Method

7.2 COMMBUYS Quote Submission Training and Instructions

7.3 COMMBUYS Support

7.4 Bid Opening Date/Time

7.5 Quote Contents

7.5.1 Electronic Signatures

7.5.2 Acceptable Forms of Signature

7.6 Limits and Restrictions

7.6.1 File Format Restrictions

7.6.2 Documents and items that cannot be submitted electronically

7.7 Withdrawing a Quote

7.7.1 Prior to Bid Opening Date/Time

7.7.2 After Bid Opening Date/Time

7.7.3 Additional Quote Terms

7.7.4 Prohibition regarding contract terms

7.7.5 Bidder Response Form

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.3 General Procurement Information

8.3.1 Alterations

8.3.2 Ownership of Submitted Quotes

8.3.3 Prohibitions

8.4 Terms and Requirements Pertaining to Awarded Contracts

8.4.1 Commonwealth Tax Exemption

8.4.2 Contractor’s Contact Information

8.4.3 Contractual Status of Orders and Service Contracts

8.4.4 Publicity

9 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

10. APPENDIX 3 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

9.3 Commonwealth Standard Contract Form

9.4 Commonwealth Terms and Conditions/Commonwealth IT Terms and Conditions .. 32

9.5 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) 33

9.6 Contractor Authorized Signatory Listing

9.7 Supplier Diversity Program Plan Form

9.8 Current Environmentally Preferable Products / Practices Form

9.9 Prompt Payment Discount Form

11. APPENDIX 4 – INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS

ELECTRONICALLY THROUGH COMMBUYS

1. RFR Introduction and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts Division of Occupational Licensure is soliciting Bidders for the use of multiple Conference Spaces that qualify to provide services as described within this document.

The resulting awards from this RFR will be the only Contracts used by DOL for the goods and services covered by the Contract.

This procurement will be broken up into 1 category and will include but not be limited to in general term use of Conference Space. Category is as follows:

• Category I - Conference Space which allows bidders to bid on use of conference center/space availability (e.g. hotels, convention centers, halls, etc.).

DOL seeks to award contracts for use of conference space/centers (e.g. hotels). Bidders may choose to submit responses on the “Bidders Response Form” available under the “Attachments” tab on COMMBUYS.

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

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

1.3 Number of awards

There is no target number of awards for this procurement. DOL will award as many contracts as deemed sufficient to cover the geography and needs of the Department.

1.4 Eligible Entities

The contract resulting from this Bid will be open for use by other OCABR agencies: Division of Banks, Division of Insurance, Division of Standards, Department of Telecommunication and Cable and the Office of Consumer Affairs and Business Regulations.

1.5 Acquisition Method(s)

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

Performance and Payment Timeframes Which Continue Beyond Duration of the Contract.

All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this contract and whose performance and payment timeframes extend beyond the duration of this contract shall remain in effect for performance and payment purposes no longer than 3 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.

1.6 Contract Duration

The decision to award a contract and any subsequent contract renewal is subject to appropriations, performance of the Contractor, the needs of DOL and the provisions of the Commonwealth Terms and Conditions.

The expected duration of this contract is as follows:

Contract Duration Number of Options

Number of Years/Months Instructions

Initial Duration 5 years DOL also reserves the right to make an award for a shorter duration when it is in the best interest of the Commonwealth.

Renewal Options 5 Each option is for one year

DOL reserves the right to exercise more than one renewal option at any given time.

Total Maximum Contract Duration

10 years

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

1.7 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $50,000 / year. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

If additional funds become available during the contract duration, DOL reserves the right to increase the maximum obligation amount for any year.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date 11/15/2024

Official Answers for Bid Q&A published (Estimated) Reviewed and answered monthly.

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

This is an open enrollment procurement, which means that a response may be submitted at any time up to the RFR Close Date. However, due to limitations of the COMMBUYS system, DOL will close the RFR at the end of fiscal year and re-open it on the following day.

Notification of Apparent Successful Bidder(s) (Estimated)

Ongoing

Estimated Contract Start Date 1/2/2025

Anticipated RFR Close Date Contract Award Date 05/31/2034

Estimated Start Date; Contract Term It is anticipated that the selected Bidder would be required to begin performance on the first day of the month following an executed SOW. DOL may elect to establish an alternative start date as needed. The estimated term of the SOW entered into under this RFR shall consist of an initial term of 5 years and may be renewed or extended once upon written agreement by the awarded Bidder and DOL, subject to satisfactory contractor performance, appropriation, and the availability of funding. The initial term and all renewals or extensions shall be referred to collectively as the “Term.”

Subsequent Qualification Periods:

Responses can be filed at any time after initial contracts are awarded and up to the end of the life of the contract. Responses received after the 9 year and 5-month duration of the contract will be rejected. Any responses received during any calendar quarter (January-March, April-June, July-

September and October-December) will be reviewed during the subsequent calendar quarter;

provided, however, that SST may elect to review any response earlier.

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

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from DOL regarding this Bid. Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions) and prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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

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

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

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

2.2 Locating Bid Q&A

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

2.3 Amendment Deadline

DOL reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. DOL and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

This RFR does not commit DOL to award a Contract or to pay any costs incurred in the preparation of a Bidder’s response. DOL reserves the right to accept or reject any and all responses received as a result of this RFR, to negotiate with any or all qualified Bidders and to cancel in part or in its entirety the RFR if it is in the best interest of DOL to do so.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

3.1.1 Company experience

a. Business background – Bidders MUST submit with their response a brief description and/or Firm Profile of their qualification as they relate to the category bid.

b) Years in business - Bidders MUST have at a minimum two (2) years’ experience in the category bid.

3.2 Commodity Specifications

Detailed “Performance Specifications, Requirements and Bidders Response Instructions” is available in the “File Attachment” section of CommBuys (www.COMMBUYS.com) bid page.

Bidders MUST read all information carefully to ensure understanding and compliance of the requirements of the solicitation and any contract as a result of the RFR.

3.2.1 Brand name or equal

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

3.3 Service Specifications

3.3.1 Geographic service and delivery areas

DOL is seeking to contract for examination spaces, for a fee beginning January 2, 2025, one day per month every month in four geographically diverse locations across the Commonwealth (generally in metropolitan Boston and in central, southeastern, and western MA). The DOL is contracting just for the use of the space in which the examinations will be conducted, as the exams would be administered, proctored, and scored by DOL inspectors.

3.3.2 Frequency of Use

The Agency intends to use conference space one day per month, every month, to accommodate separate morning and afternoon exam sessions. Each session will accommodate 150 seats.

3.3.3 Accommodation/Parking Space Requirement

Each examination administration must accommodate 150 attendees. DOL will require an hour before and an hour after each examination administration to conduct administrative tasks. The first examination administration would be from 8:00 a.m. to 10:00 a.m.; the second administration would be from 10:00 a.m. to 12:00 noon; and the third would be from 12:00 noon to 2:00 p.m. Two (2) weeks before each examination administration, DOL will confirm with the testing space vendor the number of examinees per location and number of examination sessions required, always beginning with an 8:00 a.m. session, then the 10:00 a.m. session, then the noon session, depending upon total number of examinees. Please see attached Excel spreadsheet with detail on recent exam attendance. The space requirements include either tables and chairs set up for 150 people, individual desks for 150 people, or auditorium-style with desks. Additionally, the DOL requires a check-in area outside of the exam room with tables, a separate area for check out and room for 50 or 60 people as we develop lines during our thirty minute check in period.

3.4 Small Business Purchasing Program

3.4.1 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.

3.4.2 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 as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

3.4.3 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;

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/

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.

3.4.4 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.

3.4.5 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.

3.5 Supplier Diversity Program

3.5.1 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 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.

3.5.2 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 or non-profit organization. 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 total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

http://www.mass.gov/sbpp 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/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx https://sdh.formverse5.com/AUTOCENESERVER_SDH/WebApp/Login.aspx

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.

3.5.3 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)

3.5.4 Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• 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. These may include but are not limited to the following examples: professional services (e.g., IT, legal, advertising, HR, accounting etc.), maintenance services (e.g., cleaning, landscaping, tradespersons services, etc.), office expenses (e.g., office supplies, furniture, IT supplies, etc.).

Anything declared as a business expense in which a certified vendor is used would qualify.

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR.

3.5.5 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.

3.5.6 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, or 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.

• Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA) but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. 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 receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

• Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, or the Women Business Enterprise National Council, 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 receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://www.boston.gov/departments/supplier-diversity#get-your-business-certified https://gnemsdc.org/certification/ https://gnemsdc.org/certification/ https://www.cweonline.org/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://nglcc.org/lgbtbe-certification/ https://www.navoba.org/certification https://www.navoba.org/certification https://nmsdc.org/login/?redirect_to=https://nmsdc.org/?page_id=47261 https://nmsdc.org/login/?redirect_to=https://nmsdc.org/?page_id=47261 https://www.wbenc.org/certification/ https://www.wbenc.org/certification/

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 a description of supplier diversity businesses practices.

Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

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.

3.5.7 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.

3.5.8 SDP Spending Reports & Compliance

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. Once registered, awarded contractors must report information such as, but not limited to, SDO or SDO-recognized SDP partner(s), spend with SDO partner(s), and total contract sales. 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.

https://www.mass.gov/forms/take-the-certification-self-assessment https://veterans.certify.sba.gov/

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

3.5.9 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.

3.5.10 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.

3.6 Environmental Specifications

3.6.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply 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 products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

3.7 Compensation Structure/Pricing

3.7.1 Cost tables

Compensation will be based solely on the cost tables (pricing information provided on bid response form) by the Bidder and accepted by the SST. Cost tables must contain all goods and services identified under each category bid to be provided on this Statewide Contract.

Compensation will be based on the pricing information and cost tables/price list, etc. provided by the bidder.

3.7.2 Prompt Pay Discounts (PPD)

All Bidders 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.

http://www.mass.gov/sdp mailto:sdp@mass.gov https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy?_ga=2.237660352.1741219494.1633353146-758386467.1632336759 http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

Bidders must submit agreeable terms for Prompt Payment Discount unless otherwise specified by the SST.

The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD 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 the Response.

3.7.3 Fuel surcharge provisions

Any bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from departments. Departments will NOT be required to pay any additional fuel surcharges upon receipt of contractor invoicing.

3.7.4 Shipping FOB Destination

• Delivery must be made at no extra cost to the Commonwealth with all deliveries being FOB destination. See subsection 4.3.3 for more information.

3.7.5 Sample Configurations/Scenarios for evaluation

The SST will evaluate responses submitted by bidders. Bidders will be selected based upon their fulfillment of the minimum qualifications listed in this RFR, the completion of all required forms as listed in this RFR and a determination by the SST that contracting with the bidder will provide the “best value” to the Commonwealth. In making this determination, the SST will consider and score a number of factors including, but not limited to, the following:

• Pricing

• Years of experience

• Qualifications

• Conference Room Availability (Applies for Category I)

• References

• Municipal Board of Health License

• Prompt Pay Discount

• Supplier Diversity Program Plan Form #1

*Responses that are not complete and accurate may be disqualified as unresponsive at the discretion of the

SST.

4 OTHER TERMS

4.1 Security and confidentiality

Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

4.2 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Commonwealth Contract Manager.

All Contract questions must be directed to the Commonwealth Contract Manager.

4.2.1 Change notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be reported promptly via email to the Commonwealth Contract Manager. In some cases, additional paperwork will be required to effect the change.

4.2.2 Contractor account team

(1) Single Point of Contact (Contractor Contract Manager) Bidders must identify in the bid response a single point of contact as a “Contractor Contract Manager” to address ordering, delivery and any other issues that may occur.

(2) Replacement of Contractor staff must be reported to the DOL Operations Manager, via E-mail with all related contact information (i.e. phone, E-mail, etc.).

4.2.3 Environmentally Preferable Products and Services

The department and Contractor(s) may establish a preference for Environmentally Preferable Products (EPPs) and/or negotiate during the Contract term to permit the substitution or addition of EPPs to the Contract when such products are readily available at a competitive cost and satisfy the department’s performance needs.

4.2.4 Report requirements and due dates

MUST be submitted as instructed upon award. Any bidder receiving a contract as a result of the RFR will be required to submit report requirements by identified within the RFR by due date to avoid suspension and/or termination.

4.2.5 Identification and approval of subcontractors and joint ventures See Subcontracting Policies in this RFR and the Commonwealth Terms and Conditions

4.3 Orders

Order procedures

4.1.1 Request For Quotes

Commonwealth Agencies are not required to obtain multiple quotes from multiple Contractors prior to issuing an order, but it is strongly encouraged.

4.1.2 Order cancellations

Eligible entities and/or contractors will be required to provide at a minimum of Fourteen (14) days’ notice for cancellation.

4.1.3 Shipping, Delivery and Acceptance

Delivery must be made at no extra cost to the Commonwealth with all deliveries being FOB destination. All orders will be processed, confirmed and delivered based on established delivery schedules with ordering department.

The ordering department will establish a mutually agreed upon delivery schedule with the contractor(s). The contractor(s) will make delivery of items as requested by the ordering department. Any change in the specified delivery schedule is subject to approval by the ordering department. Any item not delivered during an established delivery period may be canceled at no cost to the Commonwealth.

Any additional costs incurred by the Commonwealth, as a result of the contractor’s failure to deliver is the responsibility of the contractor(s). Any product delivered that does not conform to this requirement will be returned at the contractor’s expense. “Will Call” orders are orders that are to be picked up by the contract user within 24 hours of request and the contractor(s) will provide for “will call” orders if immediate delivery is necessary and the contract user is willing to pick up the order. The contractor(s) may be asked to provide emergency delivery and may charge a compensation rate for such deliveries if agreed to in advance by the ordering entity.

4.2 Failure to perform contractual obligations

4.4.1 Termination/Suspension

The SST reserves the right to Terminate or suspend any contract it is determined the contractor(s) is not performing the contractual obligations as stated within this RFR. This includes but is not limited to the following:

• Responsiveness to bids to which they have been invited to submit a response.

• Ability to meet project deadlines as agreed.

• Ability to complete project according to agreed scope.

• Ability to complete projects within budget.

• Ability to create and deliver on a comprehensive project that adds value to the DOL.

5 AUDIT

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

6 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components that may be evaluated by the SSST.

The SSST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or may be easily corrected.

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

6.2 Desirable specifications

Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: “desirable,” “could,” ”may,” ”should,” “preferably,” “prefers,” “suggested,” and ”requested” identify a desirable or discretionary item or factor that is considered by the Purchaser to be “desirable.” The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

6.3 Evaluation Components

The following components will be some of the criteria considered by the SSST when evaluating each Quote:

The SST will evaluate responses submitted by bidders. Bidders will be selected based upon their fulfillment of the minimum qualifications listed in this RFR, the completion of all required forms as listed in this RFR and a determination by the SST that contracting with the bidder will provide the “best value” to the Commonwealth.

In making this determination, the SST will consider and score a number of factors including, but not limited to the following:

• Pricing

• Years of experience

• Qualifications

• Conference Room Availability (Applies for Category I)

• References

• Municipal Board of Health License

• Prompt Pay Discount

• Supplier Diversity Program Plan Form #1

Responses that are not complete and accurate may be disqualified as unresponsive at the discretion of the

SST.

6.3.1 Price

Please note that price will carry a significant weight in the evaluation process. The following price components will be evaluated:

Prompt Pay Discounts (PPD)

6.3.2 Supplier Diversity Plan

At least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions.

7 HOW TO SUBMIT A QUOTE

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

7.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS.

COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

7.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

• Appendix 4, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

• An online job aid on How to Create a Quote

• Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through

COMMBUYS.

7.3 COMMBUYS Support

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

Website: Go to www.mass.gov/osd/commbuys to access COMMBUYS resources, including new bid postings, job aids, and training schedules for buyers, among others.

Email: Send inquiries to the OSD Help Desk at OSDHelpDesk@mass.gov

Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Time, except on federal and state holidays.

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

7.4 Bid Opening Date/Time

All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS http://www.commbuys.com/ https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.screencast.com/t/GMJLKkilF12 https://www.screencast.com/t/GMJLKkilF12 http://www.mass.gov/osd/commbuys mailto:OSDHelpDesk@mass.gov system clock which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

7.5 Quote Contents

Bidders must comply with the requirements below.

7.5.1 Electronic Signatures

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

7.5.2 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2.

Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

7.5.3 Bid Response Materials

7.5.3.1 Ink Signatures

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

• Standard Contract Form

• Commonwealth Terms and Conditions

• Contractor Authorized Signatory Listing

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

Successful Bidders who have submitted these forms electronically via COMMBUYS must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.