DYS 2020-002 RFR.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

DEPARTMENT OF YOUTH SERVICES

600 WASHINGTON STREET, 4

TH

FLOOR

BOSTON, MA 02111

Request for Response (RFR)

Document Title: Fresh Produce

COMMBUYS Blanket Bid #: BD-20-1035-DYS01-DYS01-43541

Agency Document Number: DYS 2020-002

September 19, 2019

Please Note: This RFR document is part of a larger procurement package, the complete version of which can be found on www.COMMBUYS.com. (Formerly known in common parlance as a "Solicitation," the package is referred to in the COMMBUYS system as a

"Bid," to which respondents can submit their response, which in COMMBUYS is called a

"Quote.") Respondents are responsible for reviewing all documentation and information pertinent to this procurement and for following all instructions and completing all forms as required. Respondents 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.

REQUEST FOR RESPONSE

Fresh Produce - DYS 2020-002

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

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Issued September 19, 2019

Purchasing Department Department of Youth Services

Address 600 Washington St., 4 th floor

City, State, Zip Code Boston, MA 02111

Procurement Contact Person Alan Simons

Telephone Numbers 617-960-3267 (phone) / 617-951-2409 (fax)

E-Mail Address alan.e.simons@state.ma.us

RFR Name/Title Fresh Produce

RFR Number DYS 2020-002

COMMBUYS Bid Number Blanket Bid BD-20-1035-DYS01-DYS01-43541

Procurement Category Facility-Related Services

1) Description or Purpose of Procurement

The Massachusetts Department of Youth Services (DYS) is soliciting bidders to supply and deliver high quality fresh produce to its facilities at various Massachusetts locations.

2) Applicable Procurement Law

Mark One

(“X”):

Type of Purchase

(Executive Branch Goods and Services) Applicable Laws

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

801 CMR 21.00

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

801 CMR 21.00; 808 CMR 1.00

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

801 CMR 21.01(2) (b)

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

815 CMR 2.00

3) Acquisition Method

Mark All Applicable (“X”): Category

Fee-For-Service

� Outright Purchase

Rental (not to exceed 6 months)

Term Lease

Tax Exempt Lease-Purchase (TELP)

License

Other:

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

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4) Whether Single or Multiple Contractors are Required for Contract

Mark One (“X”): Number of Contractors

Single Contractor

� Multiple Contractors

a. Estimated Number of Awards

There is no target number of awards. The goal is to ensure coverage for each of DYS’s five geographic regions, and the number will depend in part on the geographic reach of those who are awarded contracts.

b. Adding Contractors after Initial Contract Award

If, over the life of the Contract, DYS determines that additional Contractors should be added or substituted, due to contractor performance deficiencies or other reasons, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Responses (“Quotes”).

5) Entities Eligible to Use the Resulting Contract

Mark One (“X”): Eligible Entities

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following entities: All departments and divisions within the Executive Office of Health and Human Services.

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

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

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

Contract Duration Number of Options Number of Years/Months

Initial Duration Three years

Renewal Options Two Two years each

Total Maximum Contract Duration Seven years

7) Anticipated Expenditures, Funding or Compensation

The estimated value of this contract, including all renewal options, is $300,000. This is only an estimate, not a guaranteed volume figure. DYS makes no guarantee that any goods will be purchased from any

Contract resulting from this Bid. Any estimates or past procurement volumes referenced in the Bid documents are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

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8) Contract Performance and Business Specifications

a. Overview of Goods and Services Required

Vendors are solicited to supply a broad selection of freshly harvested produce throughout the year and deliver it to one or more designated program locations. These are secure facilities, and deliveries must be made at the specific entry point designated by each facility’s staff. Generally there will not be a significant wait time when arriving with a delivery, however on occasion it may be up to five minutes.

Compensation will be based on the Contractor’s published prices, which may fluctuate over time, adjusted by any discounts the Contractor agrees to, plus any applicable delivery charge.

b. Contractor Responsibilities

The Contractor must be in compliance with any applicable regulations and standards of the Massachusetts

Departments of Agricultural Resources and Public Health, any local Boards of Health, and all other applicable laws, and must have appropriate measures in place to prevent microbial contamination and the introduction of human pathogens into its produce. The Contractor must maintain a high standard of quality and availability in its produce and must be responsive if DYS representatives identify issues of incompleteness of orders or of type, quality, or condition of delivered produce. Produce cannot be left by the delivery driver without a thorough check and signature by DYS’s Food Service Supervisor or Shift

Supervisor to ensure that all produce received is true to the order and of acceptable quality.

c. Required Specifications / Supplier Diversity Program Requirement

The specifications contained in Appendix 1 are incorporated in this Bid and in any resulting contracts, including the requirement that Bidders submit a Supplier Diversity Program (SDP) Plan for spending on

SDP Partners. Bidders are strongly encouraged to read Appendix 1 carefully to understand their obligations under this Program, and to become familiar with the three forms they will need to complete at different times during the procurement and contracting process: SDP Plan Commitment (Form #1), Declaration of SDP Partners (Form #2), and SDP Spending Report (Form #3).

9) Instructions for Submission of Quotes - COMMBUYS/Creation of Quote

Bidders must submit their Response (which COMMBUYS calls a “Quote”) online, through COMMBUYS, by using the “Create Quote” function. For a list and description of the forms that must be completed, attached and submitted as part of the Quote, see section 10, below. For instructions on how to submit a Quote in

COMMBUYS, please see Appendix 2. (In order to submit a Quote, Bidders must first register in

COMMBUYS. For instructions on how to register, see Appendix 3.)

10) Required Forms for Quotes

Quotes submitted in response to this Bid will comprise (i) the Bidder Response Form, (ii) the Prompt

Pay Discount Form, (iii) the Environmentally Preferable Products Form, and (iv) the Supplier

Diversity Program (SDP) Plan Commitment. Each of these forms can be found on the Attachments tab of the Bid that is posted on www.COMMBUYS.com. (For the separate list of documents that Bidders who are awarded a contract will be required to complete and execute post-award, see section 13, below.)

The Bidder Response Form is in spreadsheet format, so may best be completed with a computer spreadsheet application. The other three forms may be completed by hand or with word processing

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

- 5 -software. Once the forms are completed, they must be scanned or saved as electronic files, then uploaded as attachments to the Quote and submitted electronically. A detailed description of these forms follows.

1. Bidder Response Form:

a. General Information (tab 1) - The Bidder must provide identifying and contact information.

b. Qualifications (tab 2) - The Bidder must have a minimum of five (5) years of experience in the produce business, and must disclose adverse legal, financial and contractual events. The nature, severity, and recency of any such events will be considered in evaluating the Quote.

c. References (tab 3) - The Bidder must identify three (3) clients or customers as references, who should be those to whom the Bidder provided goods or services within the preceding three years. References should substantiate the Bidder’s ability to supply the goods and/or perform the services called for herein. DYS reserves the right to contact references, to verify information, and to investigate the Bidder's ability to perform under any resulting contract.

d. Product Information (tab 4) - This tab presents a list of specific produce items. For each item the Bidder must supply information concerning product sourcing, seasonal availability, quality and freshness standards, current pricing, and related issues.

e. Locations (tab 5) - The Bidder must state which DYS locations it can serve and whether there would be any delivery charge for serving such locations.

2. Prompt Pay Discount Form: The Bidder is not required to offer a discount for prompt payment, but if it does not it must state in writing why one cannot be offered. Offering such a discount is often in the Contractor’s interest, as it can then receive payment more quickly than the standard

45 days from invoice.

3. Environmentally Preferable Products Form: Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009, under which

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 may be directed to OSD’s

EPP Procurement Program at www.mass.gov/epp.operations. Preference will be given to the

Bidders that use Biodegradable/Compostable products, recycled content paper goods, or incorporate other environmentally preferable products or practices in their business.

4. Supplier Diversity Program (SDP) Plan Form #1 (SDP Plan Commitment): The Bidder must identify the percentage portion of its sales derived from this contract that will be spent annually with all certified SDP Partners.

11) Evaluation Criteria

It is of paramount importance that the produce to be acquired be reliably available and of consistently high quality and condition, and Quotes will be evaluated with that in mind. More generally, Quotes will

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

- 6 -be evaluated based upon the Bidder's relevant experience, qualifications, and business references, on pricing, and on the Bidder’s ability to reliably provide the required goods and services, respond to DYS's needs in a timely way, and satisfy the requirements of any Executive Orders referenced herein, including

Executive Order 524, requiring a Supplier Diversity Plan. Quotes must meet all submission requirements of the Bid to be assured of being evaluated, scored and ranked by the evaluation team. Any Quote which fails to meet the submission requirements will be found non-responsive without further evaluation unless the evaluation team, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the Bidder may be allowed to make minor corrections to the submission. The quality and number of business references will be considered in the evaluation of Quotes. If a Bidder receives an unfavorable review it may result in the loss of points or even disqualification. If a Bidder has done business with the Commonwealth, its past performance may be considered, whether offered as a reference or not. The Purchasing Department may request additional information for evaluation purposes.

12) Estimated Procurement Calendar

Procurement Activity Date Time

Bid Release Date September 19, 2019 11:00 AM EST

Deadline to Submit Written Questions (must be done online via COMMBUYS “Bid Q&A” tab)

September 19, 2022 4:00 PM EST

Posting of Official Answers to Online Questions (Estimated Date) 7 days after Question is Submitted

4:00 PM EST

Deadline for Bid Amendments (Bid documents will not be amended after this date)

September 26, 2022 4:00 PM EST

Deadline to Submit Quotes (Responses to the Bid) (called “Bid Opening Date/Time” in COMMBUYS)

October 19, 2022 4:00 PM EST

Notification regarding Contract Award (Estimated Date) 14 days after Quote is submitted

Estimated Contract Start Date 7 days after Award of Contract

It is each Bidder’s responsibility to monitor COMMBUYS for any changes to this procurement calendar.

a. Site Inspection

There is no plan for a site inspection. Bidders who have questions about the locations where deliveries are to be made may pose them using the COMMBUYS Q&A function.

b. Written Questions (Submit Online); Posting of Answers

Bidders who wish to pose written questions concerning this Bid must do so through COMMBUYS, by opening the Bid and selecting the “Bid Q&A” tab. Because Quotes will be accepted on a rolling basis during the initial three year period following publication of the Bid, the “Deadline to Submit Written

Questions” shown in the Estimated Procurement Calendar (above) is not until September 2022. DYS reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

- 7 -verify DYS’s receipt of questions. Answers to online questions will be posted (on the same "Bid Q&A

Tab") on or about the date for “Posting of Official Answers to Online Questions” shown in the Estimated

Procurement Calendar.

c. Bid Amendment Deadline

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

d. Quote Deadline ("Bid Opening Date/Time")

Quotes (Bid Responses) must be submitted by the Deadline shown in the Estimated Procurement

Calendar (above), which in COMMBUYS is known as the “Bid Opening Date/Time.” Because Quotes will be accepted on a rolling basis during the initial three year period following Bid publication, the “Deadline to Submit Quotes” shown in the Estimated Procurement Calendar (above) is not until October 2022.

e. Estimated Contract Start Date

This is the approximate start date. The actual start date will be the contract effective date, which is the date on which the contract is executed by the parties.

f. COMMBUYS Readiness

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

13) Required Forms following Contract Award

a. Upon Execution of Contract

1. Bidders who are notified of their being awarded a contract will at that time be sent six (6) forms. (See table below and the attachments tab on the Bid in COMMBUYS, where Bidders may view the forms in blank.) Awarded Bidders must promptly complete the first five of these forms, sign and submit them, on paper with original ink, subject to the following exceptions: (i) if a Bidder awarded a contract has already executed and filed the

Commonwealth Terms & Conditions, it need not be resubmitted; (ii) if the Bidder has previously executed and filed with the Comptroller of the Commonwealth the Request for

Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form), or the

Authorization for Electronic Funds Transfer, and none of the information in the form has changed, such document need not be resubmitted.

COMMBUYS BLANKET BID# BD-20-1035-DYS01-DYS01-43541

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2. The sixth form listed below, SDP Plan Form #2, must be completed and submitted within thirty days of contract execution. Contractors needing to utilize the option “Alternative to

Contractor Providing List of SDP Partners” are authorized to do so by checking the box provided on the form. By so doing, the Contractor affirms that they do not yet have any SDP

Partners but will meet the percentage commitment they made and will work with the Supplier

Diversity Office (SDO) to identify and establish business relationships with SDP Partners.

Mark (“X”) if applicable Form/Document Notes/Instructions

� Standard Contract Form and Instructions Wet Ink Signature Required

� Contractor Authorized Signatory Listing Wet Ink Signature Required

� Commonwealth Terms & Conditions Wet Ink Signature Required

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

Wet Ink Signature Required

� Authorization for Electronic Funds Transfer Wet Ink Signature Required

Supplier Diversity Program (SDP) Plan Form #2 - Declaration of SDP Partner(s)

E-Signature Accepted

b. Quarterly

Contractors will subsequently be sent the following form, which they must complete and submit within

45 days of the end of each calendar quarter during the life of the contract.

Mark (“X”) if applicable Form/Document Notes/Instructions

Supplier Diversity Program (SDP) Plan Form #3 - Spending Report

E-Signature Accepted

14) RFR Appendices

There are three appendices to this RFR; all are attachments to the Bid record on www.COMMBUYS.com.

Appendix 1 - Required Specifications

Appendix 2 - CommBuys Registration Instructions

Appendix 3 - COMMBUYS Electronic Quote Submission Instructions