fy10rfrChemBio120409.doc

Request For Response (RFR) # 10-CHEMBIO

Chemical/Biological Planning Annex Template and Exercises

The Commonwealth of Massachusetts

Executive Office of Public Safety and Security

MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY

400 Worcester Road, Framingham Massachusetts 01702-5399

Request For RESPONSE (RFR)

10-CHEMBIO

CHEMICAL/BIOLOGICAL PLANNING

ANNEX TEMPLATE AND EXERCISES

issued: December 4, 2009

POINT OF CONTACT:

Tina Urato

Massachusetts Emergency Management Agency

400 Worcester Road

Framingham, MA 01702

Telephone: (508) 820-1423

Facsimile: (508) 820-1401

E-mail: Tina.Urato@state.ma.us Procuring Department: Massachusetts Emergency Management Agency

Address: 400 Worcester Road, Framingham, MA 01702

RFR File Name: Chemical/Biological Planning Annex Template and Exercises

RFR File Number: 10-CHEMBIO

RFR Point of Contact: Tina Urato

Telephone Number: (508) 820-1423

Facsimile Number: (508) 820-1401

E-mail Address: Tina.Urato@state.ma.us

SECTION 1 – DESCRIPTION OR PURPOSE OF THIS PROCUREMENT

The Massachusetts Emergency Management Agency (MEMA) seeks to engage a qualified vendor to evaluate and improve the guidance systems currently utilized for the prevention of, response to, and recovery from an incident involving hazardous materials specifically those incidents involving a chemical/biological threat. The goal of this procurement is to design and deliver preparedness and response training that will result in an increase in proficiency and rapid deployment of local and regional responders.

A qualified vendor is one that has demonstrable experience in (a) emergency management planning for catastrophic events and (b) use of the methodology of the Homeland Security Exercise and Evaluation Program (HSEEP) of the U.S. Department of Homeland Security (DHS).

SECTION 2 – ACQUISITION METHOD TO BE USED FOR THIS CONTRACT

The acquisition method for this contract will be Fee for Service.

SECTION 3 – REQUEST FOR SINGLE OR MULTIPLE CONTRACTORS

The contract resulting from this procurement will be awarded to a single contractor. Public employees should refer to the State Ethics Commission’s Conflict of Interest Law, M.G.L. c. 268A, and its rules and regulations, and/or consult with the State Ethics Commission prior to submitting a response to this RFR.

SECTION 4 – USE OF THIS PROCUREMENT BY SINGLE OR MULTIPLE DEPARTMENTS

This procurement is being conducted for the exclusive use of the Massachusetts Emergency Management Agency (MEMA).

SECTION 5 – TOTAL ANTICIAPTED DURATION OF CONTRACT AND RENEWAL OPTIONS

The anticipated duration of the contract resulting from this procurement will be approximately 10 months. There will be no option to renew.

SECTION 6 – TOTAL ANTICIPATED EXPENDITURES FOR DURATION OF THIS CONTRACT

The estimated total maximum obligation of the contract resulting from this procurement is $ 325,000.00. The method of compensation will be a unit-based maximum project all-inclusive cost. No reimbursable costs will be allowed under this contract. This contract may be partially or wholly funded with federal funds.

The intent of this method of compensation is to obtain a maximum all-inclusive cost for the project. This is a project-based cost method. The vendor’s proposal should represent the vendor’s best estimate for the number of hours to complete the project and at what hourly rate. The hourly rate should represent a blended rate encompassing all project-related costs (time and materials included). The estimated total maximum obligation is offered to vendors for guidance to use in determining the size and scope of this project. Vendors are encouraged to submit cost proposals that are based upon actual experiences; cost proposals may exceed our estimated maximum project cost. The successful vendor will be selected according to the criteria listed in this RFR, including a measure of the best value (not lowest value) offered to the Commonwealth.

This contract may be funded by federal funds. Therefore, the successful vendor must comply with any additional procurement or fiscal requirements of the federal agency that awarded the funds being used (in this case, the Department of Homeland Security and/or Department of Transportation).

SECTION 7 – CONTRACT AND PERFORMANCE SPECIFICATIONS

PART A – DETAILED SCOPE OF SERVICES

A contractor, who will work under the direction and control of the State Emergency Response Commission, will be selected to perform the scope of work outlined in this solicitation. The selected contractor will provide completion timelines for the specific tasks outlined below. Adherence to these time constraints is required.

Phase 1 – To Be Completed By February 12, 2010

Review and Update of the Hazardous Material Incident Annex to the State CEM Plan

The contractor will conduct a review of the current Hazardous Materials Response Incident Annex to the Massachusetts State Comprehensive Emergency Management (CEM) Plan and update as necessary to comply with all current state and federal laws and regulations. The contractor will work closely with the MEMA Planning Department on this effort to ensure unity of effort. The contractor will provide the following:

· Findings and recommendations used to generate the proposed changes.

· Updated Draft Hazardous Materials Response Incident Annex to the State CEM Plan incorporating findings and recommendations.

· 20 hardcopy and 20 copies on flash drives of the approved updated annex

· Comprehensive list of all laws, rules, regulations, policies and best practices reviewed

Review and Update of the Hazardous Materials Response Hazard Specific Appendix template to the Local CEM Plan Template

The contractor will conduct a review of the current Hazardous Materials Response Hazard Specific Appendix Template to the Local CEM plan template and update as necessary to comply with all applicable current state and federal laws and regulations. The contractor will work closely with the MEMA Planning Department on this effort to ensure unity of effort. The contractor will provide the following:

· Findings and recommendations used to generate the proposed changes.

· Updated Draft Hazardous Materials Response Hazard Specific Appendix Template to the Local CEM Plan Template incorporating findings and recommendations.

· 20 hardcopy and 20 copies on flash drives of approved updated template

· Comprehensive list of all laws, rules, regulations, policies and best practices reviewed

Plans Assessment and Template Development

The contractor will conduct an assessment of current plans, policies, and procedures relative to an emergency response at Biological Safety Level (BSL) 2, 3 or 4 labs (both public and private) within the Commonwealth of Massachusetts. The contractor will determine plan and response compliance with applicable state and federal laws and regulations. The contractor will develop a draft planning template that will accommodate communities of varying size and level of biohazard risks. The contractor will provide the following:

· Findings and recommendations used to generate the Draft Biological Hazard Response Appendix template to the Hazardous Materials Response Hazard Specific Appendix.

· Draft Biological Hazard Response Appendix Template to the Hazardous Materials Response Hazard Specific Appendix.

· 30 hardcopy and 30 copies on flash drives of the approved updated template

· Comprehensive list of all laws, rules, regulations, policies and best practices reviewed

Planning Workshop and Template Refinement

The contractor will organize and conduct a workshop to present the plan assessment methodology and template development and to finalize the draft planning template. The contractor will engage the State Emergency Response Commission, augmented with appropriate stakeholders that will include, but will not be limited to Local and/or Regional Emergency Planning Committee (L/REPC) members, laboratory staff, first responders, and applicable state and federal agencies to gauge current readiness and level of preparedness. The contractor will incorporate workshop comments and best practices with requirements under the law to revise the planning template that will be made available to all local communities. The contractor will provide the following:

· Agendas

· Sign in sheets

· Minutes and any presentation materials

· Revised planning template

· 20 hardcopy and 20 copies on flash drives of the approved planning template

· Comprehensive list of all laws, rules, regulations, policies and best practices reviewed

Exercise Development

The contractor will design and develop two tabletop exercises, one BSL 2 and one BSL 3 and 4 with distinct scenarios. The scenarios and the issues in the exercises should be centered on the plan review and subsequent workshop listed above. The contractor shall create a Facilitator’s Handbook so that other communities in the Commonwealth who have BSL 2, 3 or 4 labs may use these scenarios to test their plans after the conclusion of the exercise contract. This document should provide guidance on walking through the Situation Manual, and points to consider for different disciplines in attendance at the exercise. The contractor will use the Homeland Security Exercise and Evaluation Program (HSEEP) methodology and will be built off the DHS Target Capabilities list, and will speak to the critical tasks identified therein. The contractor will provide the following:

· Situation Manuals: Player Handbooks to be used by the players in the exercises. These should have questions at the end of the respective modules.

· Facilitator Handbooks: Designed to allow non-contracted staff to facilitate the exercises.

· Power Point slides that mirror information found in the Situation Manual to provide a visual aid for the participants.

Phase 2 – To Be Completed By September 30, 2010

Exercise Execution and Evaluation

The contractor will execute a total of six tabletop exercises, using materials developed in Phase 1, following the HSEEP methodology. Two exercises shall concern a BSL 3 or 4 labs within the Cambridge/Boston area. The remaining four exercises shall concern a BSL 2 lab to be spread among the MEMA regions. The contractor will review and update exercise materials developed in Phase 1, incorporating lessons learned from the executed exercises. The contractor will provide the following:

· Completed After Action Reports

· Improvement Plans

· Incorporate lessons learned into the exercise development materials

· Updated exercise materials from Phase 1

Development of an Incident After Action Tool Kit

The contractor will develop and provide Incident After Action Guidelines to assist local emergency responders to plan for and conduct real world incident or pre-planned event After Action meetings and conferences. Guidelines will include recommendations of who to include, duration of meeting (s), agenda, etc. In addition, the contractor will produce a template for an Incident/Event After Action Report and subsequent Improvement Plan Matrix. The contractor will provide the following:

· Incident After Action Tool Kit

· 20 hardcopies and 20 copies on flash drives of the approved tool kit

Follow-up Planning Workshop and Planning Template Refinement

The contractor will organize and conduct a follow-up workshop, to occur after all six exercises are executed, to review the feedback from local communities and other stakeholders on the usefulness and effectiveness of the planning template. The contractor shall again engage the State Emergency Response Commission, augmented with appropriate stakeholders that will include, but will not be limited to L/REPC members, laboratory staff, first responders, and applicable state and federal agencies. The contractor will incorporate workshop comments and best practices with requirements under the law to revise the planning template that will be made available to all local communities. The contractor will provide the following:

· Agendas

· Sign in sheets

· Minutes and any presentation materials

· Revised planning template

· 20 hardcopy and 20 copies on flash drives of the approved template

· Comprehensive list of all laws, rules, regulations, policies and best practices reviewed

PART B – RESPONSE EVALUATION

The contractor will provide a methodology and timeline in response to this request for completion of the above projects to include milestones (planning conferences, exercises, reports produced). All documents created by the contractor will become the property of the Commonwealth of Massachusetts at the conclusion of the contract. The contractor’s response will be evaluated using the following criteria:

· Chemical/Biological planning experience, both public and private sector

· Written proposal (maximum of 5 pages, double-sided)

· Timeline for response with major milestones

· Detailed budget by major deliverables

· Experience in facilitating stakeholder groups

· Development and facilitation of biological hazard response exercises

· Three references related to chemical/biological preparedness

· Participation in the Commonwealth Affirmative Market Program (AMP)

· Commitment to complete Phase 1 by February 12, 2010 and Phase 2 by September 30, 2010, and

· Best value to the Commonwealth of Massachusetts.

PART C – AFFIRMATIVE MARKET PROGRAM (AMP) PLAN

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/WBE’s). As a result, M/WBE’s are strongly encouraged to submit bid responses to this RFR, either as prime vendors, joint venture partners or subcontractors.

It is required that AMP participation accounts for no less than 10% of the total points in the response evaluation. Higher evaluation points may be awarded to AMP Plans that show more commitments for use of certified vendors in the primary industry directly related to the scope of the RFR, subcontracting expenditures, and partnerships for the purpose of contracting with the Commonwealth.

The Procurement Management Team (PMT) requires vendors to make a significant commitment to partner with certified Minority- and Women-Owned Businesses in order to be awarded a contract. A State Office of Minority and Women Business Assistance (SOMWBA)-certified vendor may not list itself as being an Affirmative Market Program Partner to its own company.

All vendors, regardless of their certification status, are required to submit a completed AMP Plan Form as part of their response for evaluation. Vendors may include a supplemental narrative statement providing additional details of their AMP commitments. However, the submission of this narrative statement does not replace the AMP Plan Form itself or its requirements.

PLEASE NOTE THAT NO VENDOR WILL BE AWARDED A CONTRACT UNLESS AND UNTIL THE VENDOR SUBMITS AN AMP PLAN THAT COMMITS TO AT LEAST ONE (1) OF THE FOLLOWING THREE (3) AMP COMPONENTS:

1. Subcontracting: If a vendor commits to Subcontracting in its AMP plan, then it must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a SOMWBA-certified company or a company that has applied for SOMWBA certification. Although this is only one of several options to meet the requirements for participation in the AMP, the vendor’s submission of subcontracting commitments may be weighted most heavily. The PMT will set timelines for progress reviews (either quarterly or semi-annually) for the purpose of compliance and tracking of submitted commitments. Please note that all subcontracting partnerships require inclusion of that contract between the Vendor and the M/WBE subcontractor in the vendor’s response package. Vendors must submit one form for each M/WBE AMP relationship.

2. Growth and Development: If a vendor commits to Growth and Development in its AMP plan, then it must submit a written plan for education, training, mentoring, resource sharing, joint activities, or other types of assistance that would help to increase industry capacity and the pool of qualified SOMWBA-certified companies.

3. Ancillary Uses of Certified M/WBE Firm(s): If a vendor commits to Ancillary Uses of certified M/WBE Firm(s) (or companies that have applied for SOMWBA-certification) in its AMP plan, then it must include dollar or percentage expenditure commitments for use of any of these firms with or without the use of written commitments between the vendor and the M/WBE firm. A description of the ancillary uses of certified M/WBE’s, if any, must be included on the AMP Plan Form.

In addition, vendors are encouraged to include additional information for the following components on their AMP Plan forms. However, these components are secondary to those listed above, and may not be used as the sole method of AMP participation throughout the duration of the contract resulting from this procurement.

· Past Performance: Vendors may include information on past expenditures with SOMWBA-certified M/WBE’s during the previous two (2) years.

· Other Creative Initiatives with SOMWBA-certified companies: Vendors may include any additional AMP Partnership initiatives that further support their AMP Plans in a narrative format. If a vendor commits to Other Creative Initiatives in its AMP plan, then it is encouraged to commit to at least one certified MBE and at least one certified WBE in the submission of its plan. In addition, vendors can outline their own diversity programs that are available to SOMWBA-certified vendors.

Once submitted, the vendor’s AMP Plan may be negotiated and revised prior to contract execution. Once approved, the AMP Plan will be incorporated into the vendor’s contract. The vendor’s performance with respect to its approved AMP Plan will be monitored throughout the duration of the contract resulting from this RFR.

Resources are available to assist Prime Vendors with finding potential M/WBE partners at: http://www.mass.gov/Aosd/docs/mwbe/AMP Resources and Guidance.doc.

SECTION 8 – INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Interested vendors shall submit for consideration a proposal, including a proposed budget and timeline for completion of all project tasks and deliverables. Proposals shall include but not be limited to:

1. A summary statement demonstrating the vendor’s understanding of the project.

2. A summary statement of the vendor’s relevant experience in exercise participation and meeting facilitation.

3. Resumes of key personnel who will be involved in this project, describing their respective qualifications, capabilities and experience.

4. At least three (3) references and current contact information for persons knowledgeable about the vendor’s experience with similar projects.

The outside label should reference this RFR File Name and Number (10-CHEMBIO, “Chemical/Biological Planning Annex Template and Exercises”) and be addressed to:

Tina Urato

Massachusetts Emergency Management Agency

400 Worcester Road

Framingham, MA 01702

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses submitted should comply with the guidelines described in the Environmental Response Submission Compliance specification listed in Section 11 of this RFR.

SECTION 9 – DEADLINE FOR RESPONSES AND PROCUREMENT CALENDAR

Responses must be received at MEMA’s Framingham location no later than Friday, December 18, 2009, at 5:00 p.m. ET. Delivery may be made by U.S. Postal Service, courier, or other personal delivery. Faxed and/or electronic responses are not acceptable. Work on this contract is expected to begin as soon as practical upon final selection of a vendor.

Procurement Calendar Date

Release of RFR December 4, 2009

Submission of Questions Through December 12, 2009

Vendor Information Session To be determined

Posting of Answers and

Information Session Summary December 14, 2009

Deadline to Receive Responses December 18, 2009

Selected Finalist Vendor Demonstrations To be determined

Contract Award On or near December 23, 2009

SECTION 10 – RFR ATTACHMENTS

The following are attachments to this RFR. In order for a response to be considered complete, these required attachments must be completed and submitted as indicated below as part of the response.

Copies of these forms are available in the OSD Forms section at http://www.mass.gov/osd under “Key Resources.”

From the Contract Forms section:

· Request for Taxpayer Identification Number and Certification (W-9), including a DUNS number

· Commonwealth Terms and Conditions

· Standard Contract Form and Instructions (for informational purposes only; will be required of selected vendor at time of contract execution)

· Contractor Authorized Signatory Listing

From the Other Forms/RFR Attachments section (Generally Mandatory):

· Affirmative Market Program Plan

· Authorization for Electronic Funds Payment by Internet (optional for complete response; will be required of selected vendor at time of contract execution)

From the Other Forms/RFR Attachments section (Generally Not Mandatory):

· Prompt Payment Discount Form

· Consultant Contractor Mandatory Submission Form

· Business Reference Form (optional for vendor’s use)

SECTION 11 – GENERAL SPECIFICATIONS

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

Affirmative Market Program (AMP). Massachusetts Executive Order 390 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 Affirmative Market 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. All bidders must follow the requirements set forth in the AMP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of AMP objectives, the Affirmative Market Program (AMP) Plan for large procurements greater than $50,000 will be evaluated at 10% or more of the total evaluation. Once an AMP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SOMWBA certified contractors to fulfill their own AMP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size, however, submission of an AMP Plan is mandated only for large procurements over $50,000.

This RFR will contain some or all of the following components as part of the Affirmative Market Program Plan submitted by bidders:

· Sub-contracting with certified M/WBE firms as defined within the scope of the RFR,

· Growth and Development activities to increase M/WBE capacity,

· Ancillary use of certified M/WBE firms,

· Past Performance or information of past expenditures with certified M/WBEs and

· Additional incentives for bidders to commit to at least one certified MBE and WBE in the submission of AMP plans.

A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by the State Office of Minority and Women Business Assistance (SOMWBA). All certified businesses that are included in the bidder’s AMP proposal are required to submit an up to date copy of their SOMWBA certification letter. The purpose for this certification is to participate in the Commonwealth’s Affirmative Market Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date and submit proof of documentation of application for consideration with their bid proposal. For further information on SOMWBA certification, contact their office at 1-617-973-8692 or via the Internet at mass.gov/somwba.

Affirmative Market Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Affirmative Market Program (AMP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

Best Value Selection and Negotiation. The Procurement Management Team (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 PMT 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 PMT regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through Comm-PASS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

· withdrawal of submitted bids prior to close date

· online storage of submitted bids

Every public purchasing entity within the borders of Massachusetts may post records on Comm-PASS at no charge. Comm-PASS has the potential to become the sole site for all public entities in Massachusetts. SmartBid fees are only based on and expended for costs to operate, maintain and develop the Comm-PASS system.

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 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 PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

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 PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

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

· All copies should be printed double sided.

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

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

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

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

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

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

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

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

Pricing: Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

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

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

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

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

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