Final RFR SP21-IBTS-L81_12-31-20.doc

The Commonwealth of Massachusetts

Executive Office of Public Safety and Security

DEPARTMENT OF STATE POLICE

470 Worcester Road Framingham, MA 01702

Request for Response (RFR) Document Title: Infrared Breath Testing System Procurement and Repair Services ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-21-1084-POLCL-FIMAY-57386 Agency Document Number SP21-IBTS-L81 December 31, 2020

RFR Introduction and General Description The Massachusetts State Police Crime Laboratory is asking for a bid response for an infrared breath testing system and related equipment, warranty and repair. Bids must be received in writing in accordance with all requirements by February 8, 2021 at 2:00PM EST. Attention: Mr. Brian Kearnan, 470 Worcester Road, Framingham, MA 01701.

1 Procurement Scope Scope: This procurement will be broken up into the following categories and will include but not be limited to in general terms;

1. the infrared breath testing system

2. operating software

3. portable breath testing devices

4. alcohol breath test simulator

5. ethanol solutions (.100% and .400%)

6. additional warranty costs

7. device trade-in allowance

8. repair services Requirements include:

1) The instrument and calibrating device must be listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List of Evidential Breath Alcohol Measurement Devices and Conforming Products List of Calibrating Units for Breath Alcohol Testers.

2) Bidder should be able to provide all of the listed equipment. Please indicate if you cannot.

3) Bidder must be a manufacturer or manufacturer’s authorized distributor for which a response is being submitted. (Attach copies of certifications)

4) Bidder must provide delivery within thirty (30) days of receipt of order, unless mutually agreed to by Department and bidder. Purchasing department reserves the right to access a five percent (5%) penalty fee for late delivery.

All orders must be received by the close of the fiscal year (June 30) in which the order was placed unless written approval is received from the Department of State Police allowing for delivery after the June 30th date.

The Massachusetts State Police may require priority service for emergencies, which must be handled immediately.

All quotes shall be FOB destination. The term FOB destination shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor.

These terms shall also apply to equipment covered under warranty that requires servicing.

5) Bidder must be able to offer a 60-month warranty on the infrared breath testing device (not the portable breath testing device) to include all parts, labor and travel. Any exception to these warranty clauses should be noted. Further, any warranty offered above and beyond that mentioned should be noted.

Bidders should respond in the affirmative to this warranty or provide detailed information for any warranty other than that specified.

6) Bidder must submit a detailed listing of all product support that is offered. Product support must include but is not limited to training; on-site service, technical support, and defective merchandise return policy.

7) Bidder must provide literature on the product for which a bid has been submitted. Further, bidder must make product available for viewing and/or evaluation by the Department of State Police personnel upon request. It is the responsibility of the bidder to deliver and install any equipment for which a demonstration/evaluation is requested. The Department of State Police will not be held responsible for any damages that may occur during the evaluation period. Any written protocols, manuals, and validation study publications pertaining to the vendors’ proposed instrumentation should be referenced in the proposals.

8) This contract will also allow for related parts and accessories and possible upgrades. Bidder must submit current price list for related accessories, parts and supplies.

9) Bid responses must be on this form and signed by an authorized representative. Additional pages may be attached as needed.

10) Winning bidder MUST agree to offer pricing to ALL COMMONWEALTH ENTITIES, which includes but is not limited to state, cities, towns, municipalities, or counties.

11) Bidder must provide three references. Reference must be current customer accounts for similar products. References must be supplied on Business Reference Form provided. Bidder may not use Massachusetts State Police employees as a reference.

12) A “required” specification is one that must be met in order for a proposal to be considered responsive. Any proposal, which fails to meet a required specification of this RFR, will be considered non-responsive and disqualified unless the procurement management team, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the procurement management team may allow the vendor to make minor corrections to their technical and business proposal. No corrections to pricing offered will be allowed.

13) Winning bidder agrees to negotiate “best value” pricing for large orders. The new pricing will be determined by mutual agreement by the supplier and the Department initiating the purchase order. If pricing has been extended, other departments may purchase the same item at the new price provided the supplier receives their purchase orders within 21 days of the original purchase

14) During the life of this contract, the Department is anticipates purchasing between 250 – 500 units depending on a needs assessment. There will be no minimum quantities required for orders.

15) Upon purchase of new devices, the successful bidder shall agree to accept used breathalyzer devices for a fair market value trade-in allowance. The successful bidder shall provide a trade-in allowance as shown under Description/Pricing on Attachment 1 of this RFR. Said trade-in shall in all cases be not less than $3,000 per device.

16) For the purpose of this section, the Department currently utilizes the Alcotest 9510 as well as Alcotest 6510, 6810 and 6820 portable breath testing devices (no warranty sought on these portable devices). This trade-in program shall apply to the breath test device only, not the simulator.

17) Portable breath test devices must be approved by the Department of Transportation, must be capable of storing test data that is downloadable, must save the date and time of all tests, and must be compatible with dry gas standards for accuracy checks. Portable breath test devices must also be able to pass the Office of Alcohol Testing (OAT) Adjustment Procedure, must have a 365 day lockout feature from the last OAT Adjustment Procedure, and must maintain accurate readings across a range of ethanol concentration values.

Additional Information:

1. It is the intent of the Department of State Police to award one contract to the bidder offering the overall “best value” who meets the terms of this RFR and its specifications. However, the Department reserves the right to award multiple contracts if it is in the best interest of the MSP.

2. The Department of State Police makes no guarantees that any commodities will be procured as a result of this RFR.

3. Contract will be awarded for twenty-four months to begin on date of award. Further contract will allow for three (3) options to renew for an additional twelve (12) months each. Contractor performance will be evaluated by users prior to contract renewal. Evaluation to include but not limited to quality of product, delivery, responsiveness of contractor and customer service.

4. This contract will allow for the re-order of equipment, and for the purchase of other breath testing instrumentation, accessories, supplies, repair/replacement parts, equipment upgrades (to include applicable software) and other related commodities not herein specified. Pricing to be negotiated at the time of order.

5. Contractor will be required to submit an acceptable invoice upon completion of delivery of equipment and services. Payment will be processed as outlined in the Commonwealth’s standard terms & conditions.

6. Price quotes remain in effect for 90 days or until accepted by the procurement management team and become fixed upon award of the contract for the initial term of the contract, unless a lower (sale) price or negotiated price is agreed upon. Renewal options will allow for renegotiations of contract pricing.

7. In response to this RFR, bidders must agree to offer prompt payment discounts for early payment of their invoices. Any such offered discounts will be considered when evaluating responsive bids to determine which bids are considered as best value for purposes of making contract awards. Complete PPD Form provided as an attachment on the solicitation page on www.commbuys.com.

8. Bidder should note that all of the above requirements must be addressed and will be considered in the award of this RFR.

9. On all questions concerning the interpretation of specifications, the acceptability and quality of material furnished and/or work performed, the evaluation of materials and equipment, the execution of work, the decision of the procurement management team shall be final and binding.

10. The apparent silence of specifications as to any detail, or the apparent omission from it of detail description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and only materials and workmanship of the first quality are to be used. Proof of specification compliance to the agency may be grounds for deeming the bidder non-compliant and subsequently disqualified.

11. The bidder is presumed to know and shall be strictly accountable for all terms and conditions in this RFR, including any and all attachments. The bidder shall indemnify and save harmless the Commonwealth of Massachusetts, Massachusetts State police and all officers, agency, and servants thereof against any claim or liability arising from or based upon the bidders lack of knowledge of the terms and conditions in this RFR. A signed RFR is Prima Facie evidence that the bidder understands all terms and conditions in the RFR.

12. The submission of a response shall be conclusive evidence that the bidder has examined and agreed to all of the aforementioned conditions.

13. Bidder(s) may be disqualified for any of the following reasons:

· Evidence of collusion among bidders and associated suppliers.

· Unsatisfactory performance record as evidenced by past experience.

· Unauthorized additions, substitutions, interlineations, conditional or alternate bids or irregularities of any kind, which may tend to make the response incomplete, indefinite, inconsistent, contrary to the terms and conditions of this RFR and/or ambiguous as to its meaning.

2 Bid Specifications/Description of Purchase Infrared Breath Testing System - General

· Bids for the Infrared Breath Testing System must include:

1. Evidential Breath Alcohol Measurement Device (to include a minimum of 100 mouthpieces per device)

2. Calibrating Unit for Breath Alcohol Tester (Simulator and Dry Gas Cylinder)

3. 2d Barcode Reader

4. External Laser Printer

5. Organizer stand

6. Keyboard

7. Operating Software

8. Portable Breath Test Devices

9. Training and Training Materials and On Site/Virtual Training Support

10. Warranty and Service

1. Evidential Breath Alcohol Measurement Device (BT) – Bid Specification

a. The device must be listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List of Evidential Breath Alcohol Measurement Devices.

b. The device must meet OIML R 126 (2012) standards.

c. The device must employ infrared breath testing technology.

d. The device must employ interference detection technology.

e. The device must be capable of analyzing specimens that are alveolar or deep lung air in composition.

f. The device must be capable of analyzing a reference sample of headspace gas from a mixture of alcohol and water held at a constant temperature.

g. The device must employ an automatic compensation feature to adjust for ambient air pressure changes when utilizing dry gas standards.

h. The device must employ a 2d barcode reader.

i. The device must be capable of initiating various testing routines, including but not limited to, Implied Consent tests, Protective Custody tests, Training tests, Periodic Testing tests, and Certification tests.

j. The device must be capable of running on alternating and direct current.

k. The device must be capable of operating with a wet bath simulator using a temperature probe and temperature monitoring software.

l. The device must be capable of operating with a wet bath simulator using thermometers without temperature monitoring software.

m. The device must be capable of operating using dry gas ethanol standards.

n. The device must be capable of housing two gas cylinders inside a locking gas-enclosure.

o. The device must be shielded from RFI.

p. The device must have at least one (1) RJ-45 Ethernet interface.

q. The device must have at least two (2) USB ports and one printer port.

r. The vendor must be able to provide a warranty on parts and labor consistent with the specifications described in this document.

2. Calibrating Units for Breath Alcohol Testers (Simulator) – Bid Specification

a. The calibrating unit must be listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List of Calibrating Units for Breath Alcohol Testers.

b. The calibrating unit must be capable of holding a mixture of alcohol and water to a constant temperature of 34.0o Celsius, +/- 0.2o Celsius.

3. Calibrating Units for Breath Alcohol Testers (Dry Gas Ethanol Standard Cylinder) – Bid Specification

a. The calibrating unit must be listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List of Calibrating Units for Breath Alcohol Testers.

4.

External Laser Printer – Bid Specification

a. The external laser printer must be compatible with the instrument and capable of printing various forms, ie. breath test report form, periodic test report, suspension forms, refusal forms, etc.

b. Printer cable and power cord must be included.

c. The warranty for the printer must be five (5) years on parts and labor.

5. 2d Barcode Reader – Bid Specification

a. The 2d Barcode Reader must be compatible with the instrument and capable of reading 2d Barcodes from subjects’ driver’s licenses.

b. All 2d Barcode Reader cables are to be included.

c. The warranty for the 2d Barcode Reader must be five (5) years on parts and labor.

6. Breath Test Device, System Programming and Operator Software and Firmware– Bid Specification

a. The operator software application must be able to create, store and edit breath test operator profiles. These profiles are to be additionally stored on each breath test device for access to the system.

b. The operator software application must employ the ability to send and update breath test operator profiles over the network.

c. The system must provide a mechanism to remotely upgrade programming changes to each breath test device over the network.

d. The firmware must be reflective of the current Massachusetts laws and regulations regarding breath testing and provide for future updates and/or revisions.

e. The device must be able to coexist with the current system until fully deployed. The vendor must describe implementation of the new device into the existing system.

f. Firmware maintenance for critical updates shall be at the bidders expense and the bidder must produce a plan to address such updates within 10 days of notice and any plan must be agreed to between parties within 30 days of first notice. The Department defines a critical update as any malfunction that impacts the device’s ability to deliver a legally defensible result. Firmware updates that are determined by the Department to be not critical shall be at bidders hourly rate (please specify) and the bidder must produce a plan to address such updates within 10 days of notice. Non-critical updates must be agreed to between parties within 60 days of first notice.

7.

Bid Specifications:

Bidder must provide the following functionality:

a. An audit that tracks all transactions and events that occurred on a specific breathalyzer instrument.

b. A mechanism that establishes the status of network connectivity for each breathalyzer.

c. A mechanism that establishes a local backup copy of all breathalyzer transactions generated on a specific instrument.

d. A transaction generated at regular intervals that establishes the status of connectivity between the breathalyzer and the network.

e. A software application that provides a means to communicate and diagnose issues with the remote breathalyzer(s).

f. Bidders must explicitly state in their response that they are able to provide each of the items listed above.

g. Bidder’s response must include a detailed description/discussion of the following items:

h. How the breathalyzer connects to the network (the breathalyzer must be able to connect directly through an IP based Ethernet port).

i. The operating system(s) of the breathalyzer.

j. Database platform

k. A legal safeguard protocol for exporting data prior to device repair/servicing.

l. How breathalyzer transactions are transmitted to the central server (i.e. will the transaction be “pushed” or “pulled” from the breathalyzer). Provide port numbers and protocols that will be utilized.

m. How is the completion of a breathalyzer test validated (i.e. discuss your rationale for determining a successful breathalyzer test; include validation procedures for the following:

1. The printed material has successfully printed

2. The transaction has been transmitted to the central server

3. The transaction has been included in the central database

4. The transaction has been sent to the Registry of Motor Vehicles

5. The location database on the Breathalyzer is updated with the transmission status

6. Process for handling a duplicate transaction

7. How the audit trail is established and validated

8. The backup scheme for local and central backup

9. Remote diagnostics (of the breathalyzer)

10. Reporting (what application is used to produce reports, is ad hoc reporting available, etc.)

8.

Training - Bid Specification

1. The successful bidder will provide factory training for new employees of the Office of Alcohol Testing (not to exceed 3 employees in one year). The Department will be responsible for all costs involved in transportation, lodging and meals. Bidder shall be responsible for all other costs including training costs incurred. Classes will be made available within six (6) months of the award of this bid.

Training will include, but not be limited to:

· Overview of instrument

· Functional description

· Circuitry

· Instrument Operation/Calibration/Maintenance/Repair

· Simulator Operation/Calibration/Maintenance/Repair

· Software/Data management system

· Dry Gas Ethanol Standard Operation

· Any additional information manufacturer deems relevant

9.

Warranty and Service - Bid Specification

1. The vendor must be able to provide a warranty on parts and labor consistent with the specifications described in this document for all components listed in the Infrared Breath Testing System.

2. Vendor must supply 20 loaner units for temporary replacement of instruments requiring repairs.

10. Repair services - Bid Specification

1. Bidders should be able to provide maintenance & services pertaining to the Draeger Alcotest 9510 and Models 6510, 6810, and 6820 Portable Breath Testers, along with additional models as needed.

2. The successful bidder must provide a secure facility. The facility will be subject to periodic inspection by State Police personnel to ensure proper security is provided for all State Police equipment.

3. Contractor will be responsible for providing all labor, equipment, parts, supplies, etc. to perform needed services on Draeger Alcotest 9510 and Models 6510, 6810, and 6820 Portable Breath Testers.

4. Experienced technicians must perform all work. Technician certifications must be supplied to State Police. All work is to be performed within two (2) weeks.

5. The successful bidder will be responsible for all shipping charges and shipping materials (pick up and delivery).

6. All bidders must be an approved certified Draeger Safety Diagnostic Service Center and provide documented proof.

7. All bidders must be approved by Massachusetts Department of State Police Office of Alcohol Testing.

8. Awarded bidder must provide repair work cost estimates prior to work at no additional charge.

9. Bidder must submit hourly repair rate and any other unusual rate charges.

10. Bidder must provide parts list and related costs.

11. Bidder must offer priority service over the general public

12. Successful bidders and its employees may be subject to a criminal background check. Negative information may result in the contract being awarded to the next qualified bidder. Contractors must provide proof of insurance prior to the awarding of the contract.

13. In addition, this contract will cover any related items not herein specified requiring related services. Cost will be on a quote by quote basis. Please indicate other related services.

3. Performance Specifications This will be an Open Enrollment contract to allow vendors to be added to contract as needed. After the initial selection process is completed under this RFR, the SSST may request that additional vendors submit responses in accordance with open enrollment at any time during the contract period.

SDP Requirements: If the contract exceeds $150,000 during the life of the contract, vendors will be required to submit quarterly reports (Form 3). Massachusetts Executive Order 390 established a policy to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). Massachusetts Executive Order 546 added Service-Disabled Veteran Owned Business Enterprises (SDVOBE) to this policy. Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Bidders will be required to commit to a Supplier Diversity Plan as part of their bid response for evaluation for all large procurements valued over $150,000 over the life of the contract.

The Department of State Police will require bidders to make a commitment to partner with a certified Supplier Diversity partner or partners. Bidders must submit a Supplier Diversity Program (SDP) Plan Commitment- SDP Plan Form #1 with their bid submission. Bidders must commit to a percentage of sales derived from this contract to be spent with an SDP partner. It is preferred that Bidders also submit SDP Plan Form #2 with their bid submission naming their SDP partner.

Once an SDP Plan is submitted, negotiated and approved, the Department of State Police will then monitor the contractor’s performance. A Supplier Diversity Program (SDP) Spending Report, SDP Plan Form #3 will be required to be submitted semi-annually in January and July of each contract year.

Electronic Quote Submission Instructions

Bidders are advised that Massachusetts State police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process.

Applicable Procurement Law

Executive Branch Goods and Services

FORMCHECKBOX

Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

FORMCHECKBOX

** If federal funds are used, vendor cannot appear on the Federal Debarment List.

Acquisition Method

FORMCHECKBOX

Fee-For-Service

FORMCHECKBOX

Outright Purchase

Whether Single or Multiple Contractors are Required for Contract

Check One (“X”):

FORMCHECKBOX

Single Contractor

FORMCHECKBOX

Multiple Contractors

a. Estimated Number of Awards

Contractors is Multiple Contracts.

b. Adding Contractors after initial Contract Award

This is an Open Enrollment Contract. The open enrollment process allows new bidders to submit responses after the initial selection period at specified intervals, or as deemed necessary by the Strategic Sourcing Team (SST).

The intent of this contract is to establish and maintain a list of pre-qualified contractors from which the Department (POL) can select.

Entities Eligible to Use the Resulting Contract

This RFR is a “Non-Statewide / Limited User Contract”. This procurement option is conducted and managed by a Department on behalf of a selected group. Therefore, the resultant contract(s) from this RFR will be open for use to the Issuing Entity (POL), and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS).

Commonwealth Agencies will be responsible for executing their own purchase orders and paying their own invoices for goods and/or services acquired from this contract.

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

Initial Duration

Identify the duration of options to renew and the number of such options (e.g. “two options to renew for one year each”)

Total Maximum Contract Duration

Five (5) years

Initial Number of Years/Months for the Initial Term Plus All Renewal Periods

Anticipated Expenditures, Funding or Compensation

Estimated Value of Procurement – to be negotiated. Amount is determined by need, as well as funding. Contract will not have a Maximum Obligation Amount- Rate Contract.

Contract prices will remain fixed during the initial 24 month contract period. Contractors will have an opportunity to request a price increase if an option to renew is offered. Contractors will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

Federal Funds may be used to fund any part of this contract.

Estimated Procurement Calendar

Best And Final Offer (“BAFO”) process

(If Required) February 2021

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

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.

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 the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only 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 any questions submitted to the SST 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 of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any 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.

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.

Amendment Deadline The SST 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. The SST 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.

4. INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Attachment: Instructions for Vendors Responding to Bids.

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.

a. Quotes (Bid Responses) Deadline (Bid Opening Date/Time)

See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

Bidders must also submit 1 original (‘ink”) copy of their response in a sealed envelope that is clearly marked with the RFR reference number “RFR # SP21-IBTS-L81” by the Bid Opening Date/Time, February 8, 2021 at 2PM EST, to the following address:

Massachusetts Department of State Police – General Headquarters

470 Worcester Road

Framingham, MA 01702

Attention: Brian J. Kearnan, Director of Contract Services

E-Mail: Brian.J.Kearnan@pol.state.ma.us

b. Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

c. Required Forms:

Responses to this RFR must contain the following documents:

FORMCHECKBOX

Commonwealth Terms & Conditions Incorporated by reference in by executing the SCF Acceptance required – upon contract award

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

The above attachments are available as attachments as part of the Bid record on WWW.COMMBUYS.COM.

5. EVALUATION PROCESS AND CRITERIA

Contractors must submit responses that meet all the submission requirements of the RFR as defined in 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 of services at the highest quality.

Criteria will include the following:

1. Pricing

2. Prompt Payment Discounts

3. Supplier Diversity Plan (minimum of 10% weight)

4. Product Support

5. Warranty

6. References

7. Ability to provide all requested instrumentation, equipment, supplies & services

8. Device trade-in allowance

9. Completion/Presentation/Responsiveness of Bidder’s Response

10. Interference detection technology

11. Warranty and Service

12. Repair Services

6. CONTRACT PERFORMANCE and BUSINESS SPECIFICATIONS Market Basket Approach: This contract is intended to be based on a market basket approach, which will allow the adding and removal of goods and services to an approved list. These items will include any items which are reasonably related to the scope of this RFR and which do not materially alter this contract. The accepted bid rate of the initial list of items, which are included in this RFR, will remain in effect throughout the initial duration of this contract. Rates for other items which will be purchased off of this contract will be negotiated between the contractor and requesting department and may require pre-approval by the SSTL of this contract. Bidders will be required to offer a percentage off discount for said market basket items. No minimum quantity per order is allowed. All items will be FOB destination. Requests will require a purchase order number. Billing and shipping addresses may be different. Shipping/handling, travel/truck/fuel or any other charges will not be paid by the ordering entity.

· A bidder may not be disqualified if they can only provide one type of associated item(s) related to this procurement.

· If additional funds become available during the contract duration period, the department(s) reserves the right to increase the utilization of this contract and increase the purchase of related equipment.

· Bidder must be a manufacturer or manufacturer’s authorized distributor for which a response is being submitted. Attach copies of certifications.

· 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 promptly reported via email to the Department’s Contract Manager. In some cases additional paperwork will be required to effect the change.

· Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth Bidder Qualifications:

· Company Certifications and Affiliations

Authorization letters from Manufacturers or Dealers available upon request.

· Company Experience

In narrative form answer the following questions, not to exceed one typewritten page:

Business Background

Years in Business

Years in the industry of the solicitation

· References and Reference Information and/or Requirements Largest customers in MA, if available

Largest state government customers, if available.

· Commodity Specifications:

In addition to the attached bid sheet, please upload an excel workbook covering the items you will provide related to this RFR. This is not an exhaustive list and bidders are welcomed and encouraged to add additional products. Please specify any and all volume discounts offered. Additionally, please provide a link/ website to an on-line catalog that can be used to find additional products/ brands that can be purchased under this contract. All catalog pricing must be firm for the term of the initial contract. Please indicate what the discount off the catalog pricing will be.

· Brand Name or Equal Unless otherwise specified in this solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, or supplier is not intended to restrict this solicitation 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.

· Size, Shape, Color, Material

As specified on the “Pricing Information” Attachment. Please note any deviations on pricing sheet.

· Warranties and Guarantees

Warranty/ guarantees are to be provided to the purchaser upon request or purchase.

· Sample Products for Evaluation

Upon request, sample products must be made available for inspection.

· Emergency Response Plans/ Preparedness

In a declared state of emergency where the safety and wellbeing of the Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under this contract on a priority basis. The Bidder’s Response should include the following:

Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

A list of emergency contact information including name, position/ title, phone, email, and cell phone.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City, or Region).

A list of the Bidder’s building location(s) that would be available to serve the Commonwealth during an emergency.

Purchase Orders:

No orders are to be placed without a valid Purchase Order from the purchasing agency, through the COMMBUYS procurement system.

Delivery

Timely deliveries will be part of this contract’s performance evaluation. Poor performance in this area may result in immediate termination of said contractor. Deliveries that are outside the normal time frame are to be communicated to the order agency. No shipping charges.

Order Cancellations

There are no fees allowed for cancelled orders.

Product Returns

Return shipping costs will be the responsibility of the Contractor.

Invoicing

In cases of billing/ invoicing questions, no payments will be made until all issues are resolved and the invoice is agreed upon.

We are looking for pricing discounts and high volume purchasing discounts factoring options to renew beyond the initial duration.

We are looking for the “best value” response that provides the greatest quantity of commodities and services, at the highest quality. Best value may include, but is not limited to, providing discounts, incentives, additional complimentary commodities, price and services or other benefits to the Commonwealth. Best value is to be clearly and further defined by the bidder in their response and will be awarded extra points in the evaluation as determined by the SSST.

**Pricing will be strictly adhered to during the initial 24 month contract period. When a renewal option is offered, price increases can be requested but are not guaranteed.

Bidders should refer to the “Breathalyzer Bid Pricing” Attachment #1 to provide details cost for each request.

Appendix 1 – Required Terms for all RFRs General Procurement Information

Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

Ownership of Submitted Quotes The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

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

Prohibitions Bidders are prohibited from communicating directly with any employee of 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 using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Terms and Requirements Pertaining to Awarded Contracts

Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

Appendix 2 - RFR - Required Specifications

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

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

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

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

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

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

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

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring…