IBSRFRDMF16010~2.docx

ISSUE DATE: February 1, 2016

1. Description or Purpose of Procurement:

The Division of Marine Fisheries (DMF) is conducting a new Gulf of Maine Cod Industry-Based Survey (GOM cod IBS) as part of Bin 3 of the Commonwealth of Massachusetts’ Groundfish Disaster Economic Assistance Program. DMF will administer a three-year study in the southwestern portion of the GOM where remnants of the GOM cod stock currently reside. The IBS will:

1. provide another science source (resource data and information) for use in assessments;

1. improving our understanding of the distribution of cod at times and in areas when the NEFSC surveys are not performed

1. sample for size selectivity of the commercial groundfish fishery by improving our understanding of the distribution and demographics of cod inside verses outside closed areas

1. sample for catchability of the survey trawl net to understand what portion of available cod (and other groundfish species) are retained by the net.

1. test fishermen’s hypothesis that GOM cod are redistributing offshore

1. enable minimum estimates of swept-area biomass; and

1. examine the potential of an IBS for providing indices of abundance;

acquire additional scientific data on other groundfish stocks in the survey area.

This RFR seeks to contract with a suitable commercial fishing vessel and captain as a platform at-sea for conducting the GOM cod IBS.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

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

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is 1; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

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

Initial Duration

Three years from execution date

Total Maximum Contract Duration

Five years

7. Anticipated Expenditures, Funding or Compensation:

The funding for any contract resulting from this procurement is conditioned upon receipt of a federal grant and other funds. Currently it is estimated that funding has been obtained for 1 complete survey or one year worth of contract work only.

8. Contract Performance and Business Specifications:

Scope of Services:

The IBS will be restricted to the portion of the GOM stock area west of 69.5° W longitude, where the bulk of cod resource is currently located. Given the size of this focused survey area, the IBS will contract a single commercial fishing vessel to conduct all tows. The survey will sample all depths within the area, a maximum depth of approximately 160 fathoms.

Survey stations will be based on a stratified-random design. To maintain relevance to the management system, survey tows will be stratified by management blocks and closed areas. This will also ensure that there are a sufficient number of observations in each stratum to allow even spatial coverage to collect information about stock demographics and support relative biomass estimates.

Each survey year will be comprised of eight one-month cruises targeting times when cod are most likely to be west of 69.5° W and actively pre-spawning and spawning: October-January (Winter spawners) and April-July (Spring spawners). The first survey cruise is scheduled to begin on April 1, 2016. During each cruise a total of 50 tows will be attempted and, based on daylight hours and distance between stations, it is estimated that one complete survey will consist of a total of 66 sea days per year. Additional seadays may be added to calibrate trawl net if funds are made available.

When bidding, one sea day will be considered 24 hours, but in reality could be less than that depending on steam time between sample stations, speed of vessel, presence/absence of fixed gear at the station, bottom type, weather conditions, etc.

Similar trawl gear will be utilized as in the past cod IBS. That gear was a product of many previous meetings and personal interviews held with participants from the commercial fishing industries from Rhode Island to Maine. The trawl is a two seam high-rise design that is specifically designed to catch a full range of cod year classes, while targeting the larger mature fish. This design also allows fishing over a wide variety of substrate types that can be found within the survey area (i.e. soft mud to hard rocky ledge).

The net has a 154-foot fishing circle, 87-foot sweep, and an 84-foot headrope. The wings and body of the net are made with 4.5-inch Euro twine, which tapers in the extension to a 3-inch codend that has a 2-inch mesh liner. The sweep is a 14-inch “Rockhopper” which has 14-inch disks in the belly that taper to12 inches in the wings. The bridals and ground cables are each 15 fathoms. Both the bottom leg and ground cable are rubber cookie-covered to decrease wear and to improve the “mud-cloud” effect.

As with the previous IBS, a commercial-style tow will be practiced rather than a more traditional straight line survey tow. Specifically, this means that the contract captain will select the tow path, while strictly adhering to the design-based start location (i.e., stratified random station coordinates) and tow duration (30 minutes). It is assumed that the captain will use auxiliary information such as depth and substrate type to determine the most appropriate path for the tow in order to maximize tow completion rates. Net mensuration equipment will be employed to ensure that trawl geometry remains consistent within and among tows.

Tow speed and duration are variables that are directly associated with catch rates and therefore will be standardized at 3.0 knots for 30 minutes in duration with a minimum time requirement of 20 minutes. If the tow cannot be completed, and the time duration is less than the required minimum, the net will be hauled aboard, thoroughly cleaned free of fish and debris, and an alternate randomly-selected tow location will be attempted within that stratum. Vessel speed will be monitored via Global Positioning System (GPS) to avoid the influence of tide and current. All tows will be conducted during daylight hours (30 minutes before sunrise to 30 minutes after to sunset) to minimize the influence of diel behavior on survey catches. Tow start time will begin when the net makes contact with the seafloor (as determined through net mensuration) and the tow end will occur when the winch is re-engaged to retrieve the wire.

During the survey, only “successful” tows will be recorded and sampled for biological information. In order to qualify as a successful tow, the following quality criteria have to be met:

· minimum of 20 minutes tow time;

· no more than 30% damage to trawl net;

· no large obstructions in the gear; and

· the tripper must have remained closed.

Tows will be classified by quality to allow end users of the data to differentiate between the different quality tows and incomplete tows.

At the start of each tow, several data elements will be collected manually and electronically by the scientific staff including, date, time, location, depth, weather and sea state. During the tow, several parameters will be monitored electronically, including bottom temperature, vessel speed, and vessel position

All catch will be removed from the net and sorted on deck by species. Biological sampling will be conducted on a list of prioritized species. Atlantic cod biological sampling for all tows will entail recording individual length, individual weight, sex, stomach contents, and maturity stage. Otoliths will also be removed and saved for aging. Individual lengths will be collected for other commercially-important species, and total number and weight of all other species will be recorded. Subsampling strategies will be employed when catches of one or more species are significantly high for a tow and should total sampling of a particular species prove impractical and would impede the schedule. Subsampling guidelines to be used were developed by the NMFS, Northeast Fisheries Science Center Ecosystems Survey Branch and adapted to the cod IBS.

Crew will be trained and expected to assist scientific staff in quantifying the catch. In addition to, they will be responsible for cleaning, stowing and offloading catch. Nets will be transported by DMF to and from the vessel when necessary, however vessels captain and crew will be responsible for setting up and breaking down before and after each cruise and/or survey.

Vessels will not be required to use Days-at-Sea or quota (PSC/ACE) as the project is considered scientific research.

In order to avoid wasteful discard, the catch shall be taken ashore. Proceeds, where authorized by NOAA, shall not go to the benefit of the vessel, rather will be placed into a dedicated fund and will help pay for this survey.

To qualify, the following criteria must be met by the prospective fishing vessel:

· A minimum 50 feet L.O.A.

· Ample deck space for digital balance, sampling gear, pallet with back up sample net or spare net reel, vessel crew, and scientific personnel to quantify catch.

· Appropriate number of bunks and accommodations for captain, crew, and scientific personnel to allow for overnight trips, when needed.

· Sufficient fishing experience and knowledge of local fishing grounds as documented through historical landings.

· Capable of towing a standardized trawl with an approximate fishing circle of 154 feet, at a speed of 3 knots.

· A full complement of crew must be provided, including minimally one captain and two able bodied fishermen. Captain and crew will be responsible for operating the vessel and all fishing related equipment (winches, nets, booms, etc.). Vessel crew will maintain and make minor repairs necessary to keep fishing gear in operating condition. Major net damage will be repaired by the net manufacturer.

· Vessels shall be properly licensed by all pertinent state and federal agencies and carry safety equipment in conformance with all US Coast Guard regulations for commercial fishing vessels. MarineFisheries personnel will supply their own immersion suits.

· Sufficient number of totes and ice for the stowing of catch during the cruise and the sale at the end of each cruise/day.

· Vessels must be equipped, at a minimum, with a compass, depth sounder, chart plotter, radar, GPS (support interface w/ NMEA for scientific laptop computer), VHF radio, and an EPIRB.

· Vessels shall provide fuel, lubricants, food, dockage, and other consumables necessary to conduct the fishing operation.

· Captain and/or owner must be available to participate in pre-survey meetings that will be required for planning purposes.

Fiscal Terms:

9. Supplier Diversity Plan (SDP) Plan Standard SDP language is included in the “RFR - REQUIRED SPECIFICATIONS” (Appendix C).

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

11. Instructions for Submission of Responses:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

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

DMF reserves the right to reject any or all proposals and, if need be, to require interviews with key personnel of bidders prior to contract award. The state reserves the right to renew any contractual agreements as a result of this RFR based on mutual agreeable terms of one year each.

12. Estimated Procurement Calendar

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

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

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

13. Required Forms Responses to this RFR must contain the following documents:

The above forms are available for download at WWW.MASS.GOV/DMF/COMMBUYSFORMS

14. RFR Attachments Appendix A: Required Commercial Fishing Vessel Bidder Data Sheet Appendix B: Electronic Quote Submission Instructions Appendix C: RFR – Additional Specifications [Informational]

Appendix A. Required Commercial Fishing Vessel Bidder Information Sheet

1. Vessel Information Vessel Name: Cell/Boat Phone:

Usual Port: Other Ports:

Captain’s Name & Address:

2. Owner Information Vessel Owner’s Name and Address:

3. Permit Information Federal Permit Type(s):

Federal Permit Number: MA State Permit ID:

Active Sector Member? (circle one) YES NO If Yes, Sector Name:

Sector Manager Name, Address & Phone:

4. Gear Information Gear types vessel is rigged for: ____________________________________________________

Tow wire size: ______________ Length of tow wire:__________________________

What is the maximum depth that the vessel can tow? ________________________________

5. Vessel Specifications LOA: Engine type & horsepower:

REQUEST FOR RESPONSE

VESSEL SERVICES FOR GULF OF MAINE INDUSTRY BASED SURVEY

RFR #DMF-16010_____ / COMMBUYS Bid# BD-16-1046-DMF-FWE20-00000006991______

Updated: April 2, 2014

Life raft capacity: ___ Number of net reels:

Number of bunks:

Number of heads:

Is 120 VAC power available on your vessel? Yes No

Is covered space available to protect scientific equipment while working on deck (e.g. overhang behind wheelhouse)? Yes No

Does the vessel have an articulating boom? Yes No

Does the vessel have an up-to-date Commercial Fishing Vessel Safety Decal? Yes No

Is the vessel capable of towing a trawl that has a 154 foot fishing circle at a speed of 3 knots? Yes No

Does the vessel have a NEMA compatible GPS or Plotter? Yes No

Is vessel covered by insurance for captain and crew (please provide copy of certificate of insurance or statement of willingness to provide same)? Yes No

Fish hold size and features (approximate dimensions, pounds of fish, bin for ice):

List of electronics (including make and model):

Other vessel characteristics or information or comments (For example, does the vessel have acoustic net sensors, fuel usage monitoring devices, etc.?):

6. Day Rate

Proposed sea day charter rate: $ ___ _______________

Note:

Sea day rates should include: vessel, captain, crew, fuel, food, time before and after trip spent loading and unloading nets and gear, and all other consumables and costs.

Appendix B: Electronic Quote Submission Instructions Instructions for Vendors Responding to Bids Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

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

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

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

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

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

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

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

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

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

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

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

Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

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

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

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current 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 re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

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

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

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

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

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

Minimum 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 use PPD offerings 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 or attached to the PPD form.

Provider Data Management. Required for POS Only. Not applicable to non-POS bidders. The Executive Office of Health and Human Services (EOHHS) has established a Provider Data Management (PDM) business service that is integrated into the Virtual Gateway. PDM is accessible by providers with current POS contracts. Departments may require that bidders with current POS contracts submit certain RFR-required documents through PDM. These documents have been specified in the RFR. When submitting documents via PDM, bidders are required to print and sign a PDM Documentation Summary. PDM users should verify that all information is accurate and current in PDM. Bidders are required to include the signed PDM Documentation Summary in their RFR response.

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 SST 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 its 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.