Final_Bidder Questions and Answer document.docx

DEPARTMENT OF STATE POLICE

REQUEST FOR RESPONSE

RFR #: SP21-IBTS-L81

Infrared Breath Testing System Procurement and Repair Services COMMBUYS Bid #: BD-21-1084-POLGH-GHQ-59998 Questions and Answers

Note to Bidders: Written answers in this Forum are provided for the sole purpose of assisting the bidders in responding to this RFR. Forum answers are not intended to modify or interpret the terms of the RFR and shall not be used to modify or interpret the terms of this RFR, either before or after the award of a contract. Please refer to the Commonwealth Terms and Conditions, (Definition of “Contract”).

The complete Bidders Questions and Answers Forum are contained in this document. This document can be found as an attachment to the bid solicitation, (COMMBUYS BD-21-1084-POLGH-GHQ-59998).

1. Page 12 of RFR specifies that RFR is a “non-statewide/ Limited User Contract”, and that resultant contract will be open to use of the Issuing Entity (POL) and all agencies under the oversight of the EOPSS. Page 2 (Requirement 10) specifies that winning bidder must agree to offer pricing to ALL COMMONWEALTH ENTITIES. These two statements appear to be in conflict. Can you please clarify the entities eligible to use Resulting Contract?

Answer: All Departments under the Executive Office of Public Safety & Security (“EOPSS”) are able to utilize RFR SP21-IBTS-L81 as the basis of their procurement for the contracted services with awarded vendors, but must execute their own purchase orders and pay their own invoices for good and services acquired from this contract. The procurement/contract is only open to the MA State Police (MSP) and Departments under the oversight of EOPSS. It is not open to all Commonwealth entities. The language on Page 2 (Requirement 10) is intended to mean awarded RFR SP21-IBTS-L81 vendors must offer the contracted MSP pricing terms to other EOPSS Departments that piggyback on this procurement.

2. Page 3, Requirement 17, specifies that Portable Breath Tester “……must have a 365 day lockout feature. Can you please describe the OAT Adjustment procedure, and what conditions (example, Failed accuracy check) trigger the OAT Adjustment procedure. As the contract may be open to all Commonwealth entities, will it be required that the 365 day lockout feature be “turned on” by default for all entities, or just for the State Police? If instrument “locks outs”, who is responsible for the Adjustment Procedure that will put it back into service…will the local PDs be able to carry out Adjustment Procedures, or will the instruments have to be sent to OAT for performance of the Adjustment Procedure?

Answer: The OAT Adjustment Procedure involves checking the date and time on a PBT, testing with a 0.000% ethanol concentration solution, an adjustment with a 0.100% ethanol solution, an adjustment check with a different lot of 0.100% ethanol solution, performance verification tests with 0.200% ethanol solution, 0.020% ethanol solution, and three uses of 0.080% ethanol solution, and a downloading and printing the test results from the previous year. The OAT Adjustment Procedure is required at least every 365 days and any time that an instrument cannot pass a series of five accuracy checks using a 0.080% ethanol dry gas. All PBT’s newly purchased by law enforcement agencies within the Commonwealth that wish to be serviced by OAT must contain the 365 day lockout feature. Only authorized OAT Forensic Scientists are able to perform the adjustment procedure within the OAT Laboratory at the Massachusetts State Police Crime Laboratory. All law enforcement agencies are responsible for transporting PBT’s to OAT for the Adjustment Procedure.