EQUIPMENT_RENTAL_RFR~3.doc

REQUEST FOR RESPONSE

Equipment Rental RFR# 14-DOC-1000-Equipment Rental

Purchasing Department:

Department of Correction

Address:

50 Maple Street – Suite 3, Milford, MA 01757

Telephone Number:

508-422-3307

Fax Number:

508-422-3383

E-Mail:

Jbianchi@doc.state.ma.us

RFR File Name/Title:

Equipment Rental

RFR File Number:

14-DOC-1000-Equipment Rental Procurement Contact Person:

John Bianchi

Procurement Category:

Rentals – All Types

1. Description or Purpose of Procurement:

The Department of Correction is seeking to establish and award contracts for various types of equipment rental. The resulting contracts will be used by the Department of Correction. The Department is seeking to establish a list of qualified contractors.

Examples of items that the Department has rented in recent history include: chairs, tables, tents, hand/power tools, compressors, generators, pumps, portable heaters and coolers, boom and scissor lifts, box trucks, aerial equipment and excavation equipment.

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

2. Acquisition Method:

The intended use of this contract is for rentals, but on occasion, the Department may wish to outright purchase an item that is being rented. Ideally, bidders on this RFR would supply a detailed rate sheet for all equipment being offered for rent with a purchase option included.

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

Multiple Contractors

The intent of this contract is to establish and maintain a list of pre-qualified contractors from which the Department can select This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR never closes, allowing bidders to respond at any point during the life of the solicitation. However, all contracts will expire simultaneously.

4. Whether Single or Multiple Departments will be able to Use:

Single Department Procurement/Multiple Department User Contract: This contract is including an option for other departments/agencies to purchase services or commodities under the same terms of the contract. Should other departments exercise this option, Bidders will be required to specify their ability to extend services to other departments and the rates to be used. Other departments utilizing this procurement shall execute and administer separate contracts with awarded Bidders.

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

Initial Duration:

Up to (3) years Renewal Options:

3 options to renew, up to 1 year in duration

Anticipated Start Date:

December 15th, 2013

6. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement:

To Be Negotiated

Contract will NOT have a Maximum Obligation Amount – Rate Contract

Federal funds may be used to fund part of this contract.

7. Performance and Contract Specifications:

The Department of Correction is seeking to establish and award contracts for equipment rental. The resulting contracts will be used by the Department of Correction. The Department is seeking to establish a list of qualified contractors.

Bidder Qualifications: Bidders responding to this RFR should have at least (12) months experience in the rental business. Bidders are required to carry and provide copies to the Department all relevant licenses, Insurances, Permits and other required documents related to the rental of equipment.

Terms and Conditions: The Department recognizes that rental companies often utilize an agreement rental contract. For the purposes of this RFR and any rentals or purchases made by the Department, there shall be an understanding that any additional fees, other than a previously agreed upon pick up or delivery charge, must be clearly detailed by the vendor in the vendors pricing response to the Department. The Department understands that some rentals and purchases are unique in nature and may require an additional charge or fee, but these must be disclosed clearly prior to the rental or purchase and not be contained in the fine print of a rental agreement. If a situation arises where a dispute over any term or condition should arise, the terms and conditions contained in the Departments standard contract form and executed by the Department shall supersede any vendor term or condition.

For the purpose of this procurement, the Contract shall consist of the following documents in order of priority: (1) the Commonwealth Terms and Conditions; (2) the executed Standard Contract Form; (3) the Request for Response; (4) the Contractor’s Response to the RFR, excluding any language stricken by the Department as unacceptable and including any negotiated terms and conditions allowable pursuant to 801 CMR 21.00.

The Department will not sign additional bidder submitted contracts, terms and conditions, or rental agreements.

7.1 Scope of Services

The Department of Correction currently operates (18) institutions across the Commonwealth. These institutions conduct various projects annually and often require the use of equipment not owned by the Department. When the need arises, the Department seeks to rent various types of equipment. The Department also seeks the option to purchase equipment that is being rented if the need arises.

7.2 Prompt Payment Discounts (PPD)

All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the Strategic Sourcing Team (SST). The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

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

7.3 Supplier Diversity Program (SDP)

Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDPcommitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Website (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage on the Supplier Diversity Office Website (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training and Outreach Website. In addition, the SDP Webinar can be located on the Supplier Diversity Program Website (www.mass.gov/sdp).

Supplier Diversity Program Subcontracting Policies.In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

7.4 Environmental Preferred Products

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

7.5 Performance Measures

Contractors will be measured and evaluated based upon the following performance criteria; to include but not limited to, the following. The Department reserves the right to modify any performance measures during the life of the contract.

· Detailed price listing: Bidders responding to this RFR shall include in their response a detailed pricing list for all equipment available. This requirement can be satisfied with brochure/pamphlets with pricing noted or other listings vendors currently use, noting a % discount if offered. Ideally, the price list would include a price for the purchase of the item rented if the Department wishes to purchase and any fee for the delivery and pick up of the item. Vendors can bid on this RFR if they do not allow for the outright purchase of rental equipment.

· Delivery, Labor/Set-Up Charges/Fees: The Bidder may include delivery, Labor and Set-up charges/fees, as long as any charge or fee is clearly defined and agreed upon by the Department prior to a rental or purchase transaction. Bidders should define any such associated costs clearly in their response on the required bidder response sheet. No other fee or charge besides those clearly defined in the bidders response to, and agreed upon by the Department at the time of contract execution will be allowed. Any delivery, Labor and Set-up cost must be firm for the life of the contract. The Commonwealth will always accept a decrease cost during the life of the contract. All delivery, Labor and Set-up cost must be transparent on any price list, quotes and websites.

· Contract Management: Contractors providing goods and services to the Department shall assign a designated liaison who will work with the Department to ensure that all specifications set forth in this RFR are met through the duration of the contract. This person, or clearly articulated process set forth by the contractor should also have the ability/functionality to solve any issues that may arise through clear communication with the Department.

· Ordering: The contractor will ensure that the ordering process is efficient, reliable and simple.

· Recall Equipment/Product: The Contractor must notify the Department of a recall during the rental term. The Contractor will replace the recalled equipment/product immediately at no additional charge to the Department or other eligible entity.

· Operating manuals: The Contractor must provide an operating manual with each piece of rental equipment. The Operating manual must be attached to the rental equipment and/or delivery slip at the time of delivery or pick up by the Eligible Entity.

· Operational and Safety Training: Contractor must agree to provide operational and safety training to Department personnel upon delivery of specified equipment. Contractors must agree to provide training at no additional expense to the Department or other eligible entity. The Contractor must provide unlimited training until the assigned personnel are able to operate the equipment independently. The amount of training required is dependant on the complexity of the equipment.

· Equipment, Performance, Durability Specifications: Bidder must be able to provide a wide range of equipment for the purpose of rental. All safety equipment/attachments and parts must be guaranteed to be fully functional and capable of performing the task(s) it was designed to perform under the manufacturer’s guidelines. Equipment that is not functioning properly or becomes non-functional will be picked up and replaced by the Contractor at no additional cost to the Department or other eligible entity.

The Contractor must provide information regarding current condition and any visual, pre-existing damage to the equipment. The Contractor and the assigned Department employee will review the condition at the point of delivery or pick up service.

All equipment must be in good operating condition, clean, durable and safe for use. The Contractor must initially provide the equipment full of fuel and oil, filter(s) if applicable; thereafter the Eligible Entity will return the equipment fueled. The equipment must be ready to use at time of rental.

· Invoices: All rentals and/or purchases must be invoiced. The Department reserves the right to reject any invoice that does not meet these criteria. The contractor is to resubmit the invoice in accordance with the RFR specifications. Payment will not be processed until the Department is satisfied with the content and style of the invoice. The Department will not be held responsible for any late fee collection notice or any invoice that has been rejected or not received by the appropriate fiscal office of the Department. The Department has fifteen (15) business days to reject, in writing to the contractor, any said invoice.

Invoices will be sent to the proper fiscal office by the contractor no later than 15 days after completion of service or receipt of goods. Contractor invoices at a minimum should include the following:

· Name and address of contractor

· Telephone and fax number

· Date of invoice and date of delivery or service

· Name of department contact

· Prompt payment discount terms

· Valid Department of Correction purchase order number

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed delivery receipt, which includes the department employee signature and received dates.

7.6 Fiscal Terms

Bidders responding to this RFR shall include in their response a detailed pricing list for all equipment available. This requirement can be satisfied with brochure/pamphlets with pricing clearly noted or other listings vendors currently use, noting a % discount if offered. Ideally, the price list would include a price for the purchase of the item rented if the Department wishes to purchase and any fee for the delivery and pick up of the item. Vendors can bid on this RFR if they do not allow for the outright purchase of rental equipment.

Estimated Provisions The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Allowable Charges/Fees: The Bidder may include delivery, Labor and Set-up charges/fees, as long as any charge or fee is clearly defined and agreed upon by the Department prior to a rental or purchase transaction. Bidders should define any such associated costs clearly in their response on the required bidder response sheet. No offer fee or charge besides those clearly defined in the bidders response to, and agreed upon by the Department at the time of contract execution will be allowed. Any delivery, Labor and Set-up cost must be firm for the life of the contract. The Commonwealth will always accept a decrease cost during the life of the contract. All delivery, Labor and Set-up cost must be transparent on any price list, quotes and websites.

8. Evaluation Criteria

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

The Department is looking for the “best value” response which provides the greatest quantity or services at the highest quality.

Below are the criteria and maximum points available:

Criteria Maximum Points Available

Pricing

Bidder Qualifications

After hours/Emergency accessibility

Supplier Diversity Plan (SDP)

EPP

Total Points Added Value: 5 points for each added value offered as determined by the Strategic Sourcing Team.

9 Instructions for Submission of Responses:

Responses must be sent to the issuing Department at, 50 Maple Street – Suite 3, Milford, MA 01757, Attention: John Bianchi, with the following:

Required Forms

Responses that are submitted without completed required forms may be disqualified as unresponsive. The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive. All the Standard Forms referenced below are available on the “Forms & Terms” tab for this RFR on Comm-PASS. If a Bidder should encounter difficulty in locating or downloading any of these forms, please contact the Comm-PASS Helpdesk at 1-888-627-8283.

· Commonwealth Terms & Conditions is a required form. All Bidders must complete, execute and return the Commonwealth Terms and Conditions. Complete all blanks and required information fully and accurately. This form must be executed without modification.

· Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) is a required form. This form must be executed without modification. Please ensure that the legal address listed on the Commonwealth Terms and Conditions is the same legal address indicated on this form.

· Standard Contract Form is a required form. All Bidders must be prepared to execute a Standard Contract Form prior to Contract execution. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s response. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a response to this Request for Response (RFR) that is the Contractor’s offer as evidenced by the execution by the Contractor’s authorized signatory, that the Contract’s response may be subject to negotiation, and that the terms of the RFR, the Contractor’s response and any negotiated terms shall be deemed accepted and included as part of the Contract upon execution of the Standard Contract Form by the Commonwealth’s authorized signatory.

· Contractor Authorized Signatory Listing Form is a required form. All Bidders responding to this RFR must complete the Contractor Authorized Signatory Listing Form that provides a listing of individuals who are authorized as legal representatives of the Bidder who can sign contracts and other legally binding documents. In addition, Bidders must complete the Proof of Authentication of Signature.

· Authorization for Electronic Payment Form is a required form. All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. 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 Guidance for Vendors.

· Supplier Diversity Form is a required form. Pursuant to Executive Order 524, any contract with a potential financial benefit of $150,000 or more requires a bidder to complete applicable sections of this form and include the required attachments for consideration in the scoring of the submission for any contract opportunity with the Commonwealth of Massachusetts. For this RFR, SDP forms 1 and 2 must be submitted. Form 3 may be required if the total awards under the resulting contract reaches 150,000.

· Business Reference Form is a required form for this procurement. Bidders must submit three references.

· Prompt Payment Discount Form Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the strategic sourcing team (SST). The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

**The above attachments are available on the “Forms & Terms” tab for this RFR on Comm-PASS**

ALSO REQUIRED:

· Bidder Information Sheet

· Statement of bidder qualifications (simple narrative describing experience and qualification)

· Detailed pricing information

· Copies of all relevant all relevant licenses, Insurances, Permits and other required documents related to the rental of equipment

Original plus 3 copies of the response are to be submitted.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

9.1 Deadline for Responses:

Bids are to submitted in a sealed envelope and clearly marked “RFR File # 14-DOC-1000-Rental Equipment”

Initial Response Deadline Date: November 15, 2013 by 5:00p.m. EST TO: John Bianchi Contract Specialist III 50 Maple Street – Suite 3 Milford, MA 01757-3698

Bidders must be aware that the Department of Correction Headquarters, located in Milford, is located within the Headquarters of the Massachusetts National Guard. Bidders may be required to produce a photo identification to National Guard personnel at the security gate of the facility prior to entering the parking lot. Bidder personnel will also be required to surrender photo identification to the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the National Guard property and prosecution according to all applicable laws.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the National Guard and then by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

Written Questions must be received by: 11/1/13 by 2:00pm EST.

(By mail, email at Jbianchi@doc.state.ma.us or FAX at 508-422-3383, attn.: John Bianchi. It is the bidder’s responsibility to verify receipt of questions.)

It is the responsibility of the prospective bidder and awarded contractor 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 Strategic Sourcing Team (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 PMT to be lost or rejected by any means including email or spam filtering.

Written Responses released on or about: 11/8/13, 2013

(Written questions and responses will be posted on the internet.)

Best and Final Offer (BAFO)

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer Opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

9.2 Procurement Calendar

10. RFR Attachments/Required Specifications In general, most of the required contractual stipulations are referenced in the Standard Contract Formand 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. 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.

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDPcommitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Website (www.mass.gov/sdp).

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the SDO webpage on the Supplier Diversity Office Website (www.mass.gov/sdo).

· The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training and Outreach Website. In addition, the SDP Webinar can be located on the Supplier Diversity Program Website (www.mass.gov/sdp).

Supplier Diversity Program Subcontracting Policies.In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments madein a contractor’sSupplier Diversity Program (SDP) Plan.

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

Best Value Selection and Negotiation. The Strategic Sourcing Team (SST) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the 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 Comm-PASS.

Comm-PASS.Comm-PASS is the official system of record for all procurement information which is publicly accessible at no charge at www.comm-pass.com. Information contained in this document and in each tab of the Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via Comm-PASS, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support Bidder submission of written questions associated with a Solicitation and publication of official answers. All records on Comm-PASS are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs. Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

It is each Bidder’s responsibility to check Comm-PASS for:

· Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the Solicitation’s Summary tab, and

· Any Bidders’ Forum records related to this Solicitation (see Locating a Online Bidders’ Forum for information on locating these records.

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

Comm-PASS SmartBid Subscription. Bidders may elect to obtain a free SmartBid subscription which provides value-added features, including automated email notification associated with postings and modifications to Comm-PASS records. When properly configured and managed, SmartBid provides a subscriber with:

· A secure desktop within Comm-PASS for efficient record management

· A customizable profile reflecting the subscriber’s product/service areas of interest

· A customizable listing in the publicly accessible Business Directory, an online “yellow-pages” advertisement

· Full-cycle, automated email alert whenever any record of interest is posted or updated

· Access to Online Response Submission, when allowed by the Issuer, to support:

· paperless bid drafting and submission to an encrypted lock-box prior to close date

· electronic signature of OSD forms and terms; agreement to defer wet-ink signature until Contract award, if any

· withdrawal of submitted bids prior to close date

· online storage of submitted bids

Every public purchasing entity within the borders of Massachusetts may post records on Comm-PASS at no charge. Comm-PASS has the potential to become the sole site for all public entities in Massachusetts.

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. 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:

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

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

Requests for an appeal must be sent to the attention of the State Purchasing Agent at 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 State Purchasing Agent 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 State Purchasing Agent 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 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 Strategic Sourcing Team (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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· All copies should be printed double sided.

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

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

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

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

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

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.

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

Minimum Bid Duration.Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Price Limitation. The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth.