FINAL SRB- AERIAL RFR COMMONWEALTH OF MASSACHUSETTS-1.docx

COMMONWEALTH OF MASSACHUSETTS

STATE RECLAMATION AND MOSQUITO CONTROL BOARD

251 CAUSEWAY STREET, Suite 500

BOSTON, MA 02114-2151

REQUEST FOR RESPONSE (RFR)

RFR File # SRB AERIAL AND/OR GROUND SPRAY-16

FOR

AERIAL AND/OR GROUND APPLICATION OF INSECTICIDES FOR MOSQUITO CONTROL

(EMERGENCY AND AREA-WIDE VECTOR CONTROL SERVICES)

RESPONSES DUE NO LATER THAN 3:00 PM on June 30, 2016

Purchasing Department: State Reclamation and Mosquito Control Board (SRB) Address: 251 Causeway Street, Boston, MA 02114-2151 Telephone #: (617) 626-1765 Fax #: (617) 626-1850 Email: Alexander.gill@state.ma.us RFR File Name/Title: AERIAL AND/OR GROUND APPLICATION OF INSECTICIDES FOR MOSQUITO CONTROL (EMERGENCY AND AREA-WIDE VECTOR CONTROL SERVICES)

RFR File Number: SRB AERIAL AND/OR GROUND 16 Procurement Team Leader / RFR Contact Person: Alexander Gill Procurement Management Group/Category: SRB / Environmental Services

Procurement Calendar

RFR Posted On Comm-Buys

June 2, 2016

Initial Responses Due Date and Time June 30, 2016

3:00pm

Responses Evaluated By (estimated)

July 1-July 10th 2016

The dates stated for Responses Evaluated, Execution of Contract and Contract Start Date are estimated time frames supplied only as a courtesy to the bidders and are not binding on the State Reclamation and Mosquito Control Board. Bids will be due on or before date specified above by 3:00pm in order to do business in FY17. The initial close date is June 30, 2016. Responses not in compliance with the Response Submission date will be deemed non-responsive.

1. Purpose of Procurement

The purpose of this procurement is for the Commonwealth of Massachusetts, acting through the State Reclamation and Mosquito Control Board (“SRB” or “Board”) or the Department of Agricultural Resources (“Department”), to enter into contract(s) with multiple vendors that can provide area-wide mosquito control services and pesticide products in the event of public health emergency due to increased risk to human health from mosquito-borne diseases such as Eastern Equine Encephalitis (EEE), West Nile Virus, and Zika Virus including any and all emerging mosquito-borne diseases that pose a threat to human health.

The SRB is seeking proposals for the following mosquito control services and products:

1) Aerial and/or ground pesticide application services;

2) Ground based spray application services including truck mounted and/or backpack spray application;

3) Pesticide products for contractors to use while providing aerial and/or ground and ground based applications.

The SRB seeks to bundle the above contracts for services and pesticide product supplies where possible to ensure contractors are cable of performance emergency and area-wide services and work in tandem with each other as necessary. However, the SRB may contract with separate companies for aerial and/or ground and/or ground application services. In the event of a public health threat or epidemic, the type, timing, and sequence of aerial and/or ground application &/or ground based application services will be contingent upon available biological, epidemiological, and entomological information obtained through surveillance efforts and will be determined.

The timing of any aerial and/or ground and/or ground application service within specified limits is critical to the objective, which is to achieve complete and uniform coverage of a designated geographic area at risk of contracting mosquito-borne diseases. Aerial and/or ground &/or ground spraying may be required throughout the state of Massachusetts, in various counties, cities and towns that may or may not be within an organized mosquito control project/district. Should an outbreak of EEE, WNV, or other mosquito-borne disease occur in any county, city or town in Massachusetts, the Department reserves the right to require additional aerial and/or ground and/or ground application services under the terms, conditions, and prices of the contract to the extent permitted in the scope of services agreed to by the Parties and to the affected areas to best protect the public health of the citizens of the Commonwealth.

For the purpose of this request for response, the chemical product(s) of choice and rate of application for both adulticide and larvicide will be determined by the Department.

Selection of a contractor (s) for a needed product and service will be left to the sole discretion of the Department. The Department will select contractors and enter into contracts that represent the “Best Value” to the organization. It is anticipated that the RFR will only be used by the SRB.

When determining contract awards, consideration will be given to issues such as the availability of a contractor, prior experience and performance, ability to complete the job during specified timelines, cost of the aerial and/or ground and/or ground application service, etc. Contractor will be capable of performing aerial and/or ground adulticide application services and/or ground applications, in geographic areas at risk from mosquito-borne diseases within the Commonwealth. For these reasons, this RFR has been structured to allow bidders to bid on the type of products and/or services that they are capable of performing and to not restrict their bid to certain geographic areas of the Commonwealth as appropriate.

Prevailing Wage Rate Requirements will not govern resulting contracts unless a specific service falls under the Public Works definition (which states that anything which alters the appearance of a structure is a Prevailing Wage job). Any service, which meets these criteria, is subject to Prevailing Wage Rates and these rates should be obtained from the Dept. of Labor and Workforce Development (617-727-3492) on an individual basis.

The SRB may, at its discretion, solicit and add new Contractors to any contract resulting from this RFR, if it has determined that the contract has insufficient coverage in general, or in certain areas (insufficient coverage could result from a lack of Contractors in a certain district).

2. Acquisition Method

The acquisition method for this RFR will be fee for service.

3. Single or Multiple Contractors for Contract Performance

Multiple contractors. The SRB plans to award multiple contracts, resulting in a pre-qualified list of contractors. The SRB reserves the right to add additional contractors and/or related services as specified in this RFR at any time during the life of this procurement if it deems necessary in order to best meet the needs of the Commonwealth.

Responses. All respondents are required to complete and return the following documents as part of their response. Failure to include all of these completed forms may result in a non-responsive bid. Complete and return attachment A as the coversheet to your response.

1. Submission Checklist

2. Bidder Information

3. Pricing Page

4. Vendor Information

5. Business Reference Form

6. Statement of Qualifications

7. Independent Price Determination or Anti-Collusion Certificate

8. Verification of Insurance Certificate

9. Copy of current and valid Massachusetts Pesticide Certification/License

Tax Compliance. The Vendor must provide evidence that it meets the tax requirements of the Commonwealth of Massachusetts. The Certificate of State Tax Compliance form included in Attachment H must be signed by the Contractor and included in bid.

Verification of Insurance. Each bidder must provide evidence that it meets the insurance requirements described in section 10 (e). The Verification of Insurance Certificate included in Attachment L must be signed by the Bidder’s Insurance Agent and included in the bid.

Submission of bids. Contractors may submit more than one bid. Each bid will be evaluated separately. All bids must be submitted sealed, no later than the date and hour indicated in the procurement calendar. Bids may only be sent to the following address:

Massachusetts Department of Agricultural Resources State Reclamation and Mosquito Control Board 251 Causeway Street, Suite 500, Boston, MA 02114-2151.

Attention: Alexander Gill

Bidders should indicate on the cover sheet whether they are bidding on separate applications or all aerial and/or ground application sections. Bidders may submit one Bid for each or all of the 4 applications in response to this RFR, i.e.: one for limited aerial and/or ground larviciding, one for limited aerial and/or ground adulticiding, and one for area-wide adulticiding. Each bid must specify in the letter of transmittal the services being proposed. Each of the bids must be complete and will be treated as a separate submission.

4. Single or Multiple Departments May Contract Under This RFR

Only the SRB may contract off of this RFR.

5. Contract Duration

The initial duration is up to three (3) years, with four (4) options to renew at three years each option to renew. Any extension must be made prior to the expiration of the current contract. Prior to contract extension, performance measures will be reviewed. Any such extensions will be at the same terms and conditions as the initial contract(s) with the Commonwealth unless mutually agreed upon by both parties.

This procurement is considered a rolling enrollment. This means that vendors can submit responses at any time during this procurement and may be placed on the qualified bidders list. This type of enrollment allows the SRB to select the most appropriate vendor for a specific job. Proposals will be accepted until June 30, 2017, with preference given to responses received prior to the initial due date in the procurement calendar.

In the event of a public health threat or emergency, the SRB and the Massachusetts Department of Agricultural Resources (“Department”) will review each contractor to determine if the service performed by the contractor is satisfactory, if not, the contractor will be contacted. The contractor will be given an opportunity to explain why the service was unsatisfactory.

Approximately thirty (30) days prior to expiration of the initial contract period and any extended optional periods, the Contracts Administrator will notify the contractor(s) in writing that the Commonwealth is exercising its option to extend.

6. Anticipated Expenditure

The scope, complexity, and estimated dollar value depends on the area determined to be at risk from mosquito-borne diseases, mosquito population densities, weather conditions, and state and/or independent laboratory findings of arbovirus in mosquitoes, animals, or humans. No amount of revenue is guaranteed to the awarded bidder(s).

7. Performance And Service Specifications

Where required by law, contractors must possess a valid certification or license to provide aerial and/or ground application services in Massachusetts. Contractors must have at least three (3) years of relevant experience in aerial and/or ground application service prior to responding to this RFR. Preference may be given to entities which have worked with the SRB in previous contracts for aerial and/or ground spraying services. Any and all work performed throughout the duration of the contract must be guaranteed by the contractor to be completed in a professional manner and according to applicable codes and industry-accepted standards. Unless otherwise stated in specifications for a particular service, the contractor will supply all labor, equipment, materials, parts and supplies necessary to complete a service. The contractor will be responsible for securing any and all necessary certifications and licenses required prior to commencing work on any job.

The Commonwealth, for purposes of the RFR, has been broken down geographically by areas of risk. Estimates of acreage are included only for the convenience of bidders and are not to be relied upon as indications of actual acres to be applied to in the event of an outbreak of EEE, WNV, or other mosquito-borne disease.

Aerial and/or ground applications may be necessary to parts, or to the entire Commonwealth including but not limited to: Plymouth, Bristol, Norfolk, Middlesex and Suffolk Counties, or any identified endemic and/or threatened areas in the Commonwealth, individually or collectively. Historically, the primary area of EEE risk has occurred in Plymouth, Bristol and sections of Norfolk counties. The primary area of risk for EEE, WNV, or other mosquito-borne diseases will be determined by the Massachusetts Department of Public Health.

The SRB is looking for bidders who can provide one or more of the following four (4) aerial and/or ground application services in the event of a public health threat or emergency caused by mosquitoes during an anticipated performance period of June 1st-October 31st. Vendor(s) must be capable of supplying necessary aircraft/vehicles, with demonstrated track record for safety, noise reduction, and reliability, when there is a demonstrated need such as an arbovirus threat or emergency.

I. Limited area-wide larval control of summer mosquito species conducted under Federal Aviation Regulations (FAR), by helicopter-equipped or by agricultural turbine-powered rotary-wing aircraft equipped with GPS technology to control summer mosquito species using Bti granular, or another Department-approved product, at an application rate of up to 10 lbs per acre, or other rate approved by the SRB and allowed by the product label. (300-25,000 acres)

Potential acreage for limited area larviciding includes but is not limited to:

Norfolk County: 300 to 15,000 acres Plymouth County: 300 to 25,000 acres Bristol County: 300 to 15,000 acres Other areas of the Commonwealth: 300-25,000 acres

II. Limited or small block area-wide adult mosquito control conducted under Federal Aviation Regulations (FAR) with small twin engine fixed-winged aircraft equipped with GPS technology using an adulticide selected by the SRB. (500-25,000 acres)

Potential acreage for limited area adulticiding including but not limited to:

Norfolk County: 500 to 15,000 acres Plymouth County: 500 to 25,000 acres Bristol County: 500 to 15,000 acres Other areas of the Commonwealth: 500-25,000 acres

III. Larger scale area-wide adult mosquito control conducted under Federal Aviation Regulations (FAR) with multi-engine, turbine power fixed-winged aircraft equipped with GPS technology using an adulticide selected by the SRB. (25,000-500,000 acres)

Potential acreage for wide area adulticiding including but not limited to the following counties:

Norfolk County Plymouth County Bristol County Other areas of the Commonwealth Total of 25,000 – 500,000 acres

IV. Larger scale area-wide adult mosquito control conducted under Federal Aviation Regulations (FAR) with multi-engine, turbine power fixed-winged aircraft equipped with GPS technology using an adulticide selected by the SRB. (500,000 acres or greater)

Norfolk County:

Plymouth County Bristol County Entire Commonwealth Total of 500,000 acres or greater.

Because the nature of such spraying may be affected by such variables as weather conditions, patterns, numerous biological and entomological factors, the Contract Manager (or delegate) will determine times, sequences, and completion dates of spraying operations. Aerial and/or ground applications of insecticides will be ordered at specific times as necessary to control the spread of mosquito-borne diseases such as EEE, WNV, and other mosquito-borne diseases, and such times may include weekends and holidays. The Commonwealth shall have full authority to suspend the spraying operation on all or any part of the project area at any time when, in its opinion, entomological or other conditions are not favorable for carrying out such spraying operations.

Every effort will be made to provide Contractor(s) with reasonable advance notice of operational schedules. The Contractor(s) shall achieve complete and uniform coverage of the geographic areas at risk within time frames defined by events dictated by the SRB, nature, and possible exclusion areas. The Contractor shall review the SRB Emergency Response Plan available http://www.mass.gov/eea/agencies/agr/pesticides/mosquito/arbovirus-response-plans.html).

The period of performance is anticipated to be June 1st through October 31st each year for all aerial and/or ground application services. Performance period may be subject to change depending on changes in environmental conditions and posed risks from mosquito-borne illness such as impacts and changes in patterns resulting from climate change.

8. Aircraft and/ or Ground Spraying Equipment And Responsibilities

AIRCRAFT:

a. All aircraft must be approved by the Federal Aviation Administration for the application of agricultural chemicals and be properly equipped, maintained, and calibrated to deliver the designated pesticide at rates designated by the pesticide labeling. The SRB or its authorized agent reserves the right to inspect and check equipment calibration prior to any application. All aircraft shall be equipped with a GPS system with printout capability to record swaths over large tract wetlands, display coordinates of location, time and duration of treatment commencement and conclusion, or equivalent guidance system in order to verify treatment locations by the Commonwealth. All lead aircraft flying in formation shall have such GPS type equipment with printout capable of providing a printout of the swaths overlaid on a map following any application.

b. In the event multiple aircraft flying in formation is utilized, Contractor shall provide observation aircraft that shall fly above the spray aircraft at all times during all aerial and/or ground adulticide spray programs. The observation aircraft shall carry an observer designated by the Contract Manager at such times, as the Contract Manager deems necessary.

c. An observer from the Commonwealth may be designated by the Contract Manager to accompany the Contractor on rotary-wing larvicide programs. Each bidder shall state whether its aircraft such as a helicopter are equipped to carry an observer. This capability is for information only and is not a mandatory requirement.

d. The contractor shall utilize interoperable air to ground communications for use between the Commonwealth’s representatives and the Contractor. To utilize the state infrastructure, the Commonwealth’s representatives and the Contractor will request assistance from the MA State Office of Interoperability.

e. Contractors bidding for the wide-area adulticide must furnish estimates as to how many aircraft will be used each day, and how many landings may be needed to reload adulticide during any one segment, i.e.: AM or PM application window.

f. All aircraft flight operations must be conducted under Federal Aviation Regulations (FAR).

g. Equipment must be capable, on the aircraft applying liquids at ultra low volume rates produce correct droplets sizes and documented how with RFR.

h. Equipment must be capable; on the aircraft applying granular materials should be capable of delivering granules with mesh sizes of at least 5/8.

TRUCK MOUNTED ULV AND OTHER GROUND SPRAYING EQUIPMENT:

a. All truck mounted sprayers must be fully equipped and in good working order to perform area-wide ground spraying for the application of agricultural chemicals and be properly equipped, maintained and calibrated to deliver the designated pesticide rates designated by the pesticide labeling. The SRB or its authorized agent reserves the right to inspect and check equipment calibration prior to any application. All trucks shall be equipped with a GPS system with printout capability to record spray coverage areas swaths over large tract wetlands, display coordinates of location, time and duration of treatment commencement and conclusion, or equivalent guidance system in order to verify treatment locations by the Commonwealth. All lead truck fleets in formation shall have such GPS type equipment with printout capable of providing a printout of the swaths overlaid on a map following any application.

b. All Other equipment to include but not limited to backpacks must be fully equipped and in good working order to perform area-wide ground spraying for the application of agricultural chemicals and be properly equipped, maintained and calibrated to deliver the designated pesticide rates designated by the pesticide labeling

9. Contractor Responsibilities

The Contractor must comply with all pertinent regulations of the FAA (aircraft), the EPA, other state and federal agencies, and the Massachusetts Pesticide Control Act, regulations promulgated there under.

The Contractor hereby agrees to forever release, discharge, exempt, indemnify and hold harmless the Commonwealth, the Department, the SRB, mosquito control employees, state employees, participating cities and towns from any and all claims, demands, and causes or actions of any nature and description which may arise from an aerial and/or ground application to be performed in accordance with this agreement.

The Contractor(s) shall be responsible for providing all:

a. chemical spray ground support;

b. clean up/remediation capability for storage or pumping of pesticide;

c. aerial and/or ground spray equipment and/or ground application equipment

d. evidence of pollution and general liability insurance;

e. bulk storage, pumping and metering equipment that meets manufacturers specifications or, in the absence of manufacturer's specifications, meets fitness of purpose to the Commonwealth's satisfaction;

f. travel expenses for specialists when necessary to the contractor facility for the purpose of inspecting and calibrating the equipment and verifying measurement of droplet size.

10. Spray Application Equipment

a. The Contractor(s) shall be responsible for providing aerial and/or ground application ground application equipment capable of delivering the designated pesticides at rates listed by the United State Environmental Protection Agency (EPA) label instructions for aerial and/or ground application of insecticides.

b. Each aircraft or ground application spray system shall be available to the Board and the Pesticide Enforcement Division, or authorized agents (or independent federal regulatory agencies) for inspection and calibration. Note: Such representatives may include, but are not necessarily limited to: Commonwealth of Massachusetts Department of Agricultural Resources, Pesticide Enforcement Division, other state employees under the authority of the Contract Manager, United States Department of Agriculture, United States Centers for Disease Control, Federal Aeronautics Administration, and the pesticide manufacturer's representative. All spray systems shall meet the Commonwealth's satisfaction as to fitness, safety, and effectiveness and any other pertinent qualifications prior to each flight and/or ground operation.

c. The actual equipment to be used shall be inspected and may not be substituted without the prior knowledge of the Contract Manager or delegate. Substituted equipment shall undergo inspection and calibration inspection before its primary flight &/or ground base operation.

d. The Commonwealth may visually inspect all flight and/or ground base operation and spray equipment prior to each flight and/or ground base operation in order to determine the fitness of aircraft and/or truck fleet and equipment. The Commonwealth Reserves The Right To Ground Any Flight or Truck Based Operation For Reasons Of Unfit Aircraft, Trucks Spray Equipment, Or Personnel.

11. Pilot & Ground Based Operators Qualifications:

a. The Contractor(s) must provide pilots and ground based operators proficient in aerial and/or ground or ground spray operations certified/licensed for the type of aircraft or ground spray operation utilized; and moreover, prior to contract execution, each pilot shall hold a current Commercial Pesticide Applicator Certification in the area of aerial and/or ground application and truck based spray operators must hold a current Commercial Pesticide Applicator Certification/License for pesticide applications.

b. The Contractor(s) shall provide a replacement pilot or ground based operator should a primary pilot or ground based operator fail to perform satisfactorily as determined by the Contract Manager or delegate. Each pilot or ground based operator shall have performed equivalent aerial and/or ground spray or ground based spray services elsewhere prior to any flight or ground based spray operation for the Commonwealth.

c. All Contractor(s) and pilots and truck based operators shall be responsible for all tools, supplies, and equipment and for the care and maintenance of their aircraft and truck fleet.

12. Contract Manager

The Chairperson of the SRB shall be the Contract Manager of any contract(s) resulting from this RFR. The Contract Manager shall have final responsibility in all operational matters pursuant to this contract. The Contract Manager shall approve in advance of implementation or performance any alterations, substitutions, or modifications to the contract.

13. Public Relations

The responsibility for media relations will be determined by the Executive Office of Energy and Environmental Affairs, the Department, and the SRB.

14. Statutory, Regulatory, and Licensing Requirements

a. The Contractor shall comply with all federal, state, and local requirements regarding the storage, mixing and loading of the pesticide including but not limited to, Massachusetts General Laws (M.G.L.) Chapter 132B, the Massachusetts Pesticide Control Act, and the regulations promulgated thereunder at 333 CMR. The storage of the pesticides must also be consistent with the labeling requirements and any manufacturer's recommendations and specifications.

b. The Contractor shall submit copies of current and valid pesticide certification and licensing to the SRB and Department as required by the Massachusetts Pesticide Board.

c. The Contractor shall submit copies of the application records to the SRB after the application has been conducted. Such records shall be in accordance with 333 CMR 10.14.

d. Regulations of the Federal Aeronautics Administration, Massachusetts Aeronautics Commission, and United States Environmental Protection Agency.

e. Each contractor shall provide a certificate of insurance prior to the signing of a contract that provides a minimum of $100,000 comprehensive general bodily injury liability for each occurrence; $300,000 comprehensive general bodily injury liability aggregate; and $500,000 general property damage liability for each occurrence including completed operations. The policy must include an endorsement, which provides coverage for chemical drift occurring during legally carried out purposeful use of pesticides.

15. Storage and Operational Sites

The Contractor(s) is responsible for all arrangements and fees at the aircraft or truck fleets storage location and for providing 24-hour security for the aircraft or truck fleets and pesticide storage.

The Contract Manager or delegate shall determine the base of operation for each spraying project.

The Commonwealth or Department shall provide United States Geological Survey maps or digitally equivalent GPS data, or maps of a similar scale and accuracy, with clearly marked boundaries of both the treatment areas and the sensitive areas to be excluded from the application.

16. Payments

Upon completion of specified services, all invoices shall be submitted to the State Reclamation and Mosquito Control Board, c/o Department of Agricultural Resources, 251 Causeway Street, Suite 500, Boston, MA 02114-2151 Attn: Contracts Administrator, for processing and payment pursuant to the Contract Terms and Conditions Orders placed by political subdivisions and approved by the Contract Manager must be funded by, and invoiced to, the political subdivision placing the order.

17. Business Specifications

Contractor Experience and Years in Business

The Vendor must have been in the business of providing this service to commercial customers or government agencies for at least three years preceding the Bid Due Date.

Vendor Client References

a. The Vendor must provide three (3) client references, including name, address, contact person, telephone number, months and years of service, and a description of the service that the Vendor provided to the client. These references will be used to support the Vendor's ability to supply the services stated in the bid.

b. References must be for clients or customers to whom aerial and/or ground application services were provided within the last three years.

List of Equipment to Be Used

Bidder must list the type, quantity, total carrying capacity, effective swath, and working speed of each aircraft or truck fleet (as applicable) to be used on a contract resulting from this RFR.

Award Decision

The Selection Board will determine that Contract(s) will be awarded to the responsible and responsive Vendor(s) who meets the performance and business specifications and has the best value.

18. Rejection of Bids

The Commonwealth reserves the right to reject any and all Bids received in response to this Solicitation. A Vendor's Bid may be rejected at the discretion of the Selection Board, if any one or more of the following occur.

Vendor and/or Vendor's Bid:

a. Fails to adhere to one or more of the provisions established in this RFR;

b. Fails to submit its Bid at the time or in the format specified herein, or to supply the minimum information requested herein, including the business information requested in this RFR;

c. Fails to submit its Bid to the required address before the date and time of the opening established by the Transmittal Letter;

d. Fails to meet unconditionally or is unable to demonstrate competence to meet the mandatory Performance and Business specifications required by this RFR;

e. Misrepresents its goods or services or provides demonstrably false information in its Bid or fails to provide material information;

f. Fails to guarantee the costs for 90 days;

g. Violates the restriction on contacts with State Personnel

h. Refuses or is unable to provide clarification requested by the Selection Board.

19. Ownership of Bids

All materials submitted by Bidders become the irrevocable and sole property of the Commonwealth.

20. Use of Bids

The Commonwealth reserves the right to use any or all ideas, concepts or configurations presented in a Vendor's Bid whether or not the Bid is selected

21. Availability of Bids

All Bids and related documents submitted in response to this RFR are subject to the Massachusetts Freedom of Information Law, M.G.L. Chapter 66, Section 10 and to Chapter 4, Section 7, Subsection 26, regarding public access to such documents. Statements or endorsements inconsistent with those statutes will be disregarded.

22. Return of Bids

The Commonwealth shall be under no obligation to return any bids or materials submitted by a contractor in response to this RFR.

23. Cancellation of Solicitation

The Commonwealth retains the right to cancel this Solicitation at any time prior to the execution and approval of a Contract, in which event all Bids received in response to this RFR, will be rejected. Should this Solicitation be canceled, all expenses related to the preparation of response(s) to this RFR remain the responsibility of the Contractor.

RFR - Required Specifications for Commodities and Services

Revision Date: October 9, 2015

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. 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 are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. 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.

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 Registration. Bidders may elect to obtain a free COMMBUYS Seller registration 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 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 entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

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 SDP commitment, 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 at: 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 Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-training-events-and-outreach/osd-training-and-outreach.html. In addition, the SDP Webinar can be located on the SDP website at 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.

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 or SST (formerly referred to as Procurement Management Team or PMT) 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 COMMBUYS.

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.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 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 SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Environmental Response Submission Compliance. In the event that paper submissions are required and in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are 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-reusable 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: Tools and Resources for Implementation of Executive Order 509.

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 Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

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 as an attachment for this Bid on COMMBUYS.

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

The requirement to…