MassCorTrainingRFR.doc

REQUEST FOR RESPONSE

MassCor Specialized Training RFR# 7500-11-MassCorTraining

Purchasing Department:

Department of Correction - MassCor Address:

1 Industries Drive, Building A, PO Box 188

Norfolk MA 02056

Telephone Number:

508-850-1070 Fax Number:

508-850-1092 E-Mail:

Draynor@doc.state.ma.us

RFR File Name/Title:

MassCor Training

RFR File Number: 7500-11-MassCorTraining

Procurement Contact Person:

Denise Raynor

Procurement Category:

Professional Services

The following acronyms may be used throughout this RFR:

1. Description or Purpose of Procurement:

MassCor Correctional Industries is seeking multiple vendors to provide specialized training on various equipment and processes associated with a manufacturing facility that is not currently available on statewide contract. MassCor may purchase related educational materials, books, training materials and other types of supplies related to training that are not currently available on statewide contract.

2. Acquisition Method:

Fee for Service/Rate contract

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

Multiple Contractors/Qualified Contractor list The intent of this contract is to establish and maintain a list of pre-qualified contractors from which facilities and divisions within the Department of Correction can select.

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR never closes, allowing bidders to respond at any point during the life of the solicitation. However, all contracts will expire simultaneously.

4. Whether Single or Multiple Departments will be able to Use:

Single Department Procurement/Single Department User Contract

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

Initial Duration:

Up to 1 years Renewal Options:

15 options to renew, up to 1 year each Anticipated Start Date:

April, 2011

6. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement:

To Be Negotiated

Contract will NOT have a Maximum Obligation Amount – Rate Contract Federal funds may be used to fund any part of this contract.

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $526,000.

The Commonwealth makes no guarantee that any Commodity or Service will be purchased from any Contract resulting from this RFR. Any estimates or past procurement volumes are only for the convenience of the bidders, and are not to be relied upon as any indication of future purchase levels.

7. Indicate Contract Performance and Business Specifications:

MassCor Industries is seeking multiple vendors to provide operational training on various equipment and processes associated with a manufacturing facility. MassCor may purchase related educational materials, books, training materials and other types of supplies related to training that are not currently available on statewide contract.

The Contractor shall strive to reflect cultural competency and cultural sensitivity. An adequate degree of matching staff characteristics to program participant characteristics and demographics shall be made. The contractor shall recognize diverse groups and strive to hire personnel that reflect the ethnic and linguistic diversity of the population it serves.

The Contractor shall meet the needs of the increasing Hispanic component of the Department’s confined population by providing all training, treatment, or reading material passed out to inmates as part of the training program needs to be made available in Spanish as well as English.

The training services may be provided as instructor led, e-learning, blended learning or any method that is mutually agreeable to the vendor and MassCor. Any training provided by e-learning must be approved by the Office of Technology and Information Services (OTIS). Applications and IT systems that do not conform or require special access or components need to be reviewed and approved by the CIO of the OTIS or their designee. Any and all results of testing, surveys, etc. should be available in a compliant and approved electronic format.

It is required that vendors have instructors available to deliver training at any approved MassCor or Department of Correction location or other suitable location in the Commonwealth. It is expected that the vendor will provide all equipment and materials that will be required to provide training services, at no additional cost to MassCor. Some locations may have equipment in place that can be used by the Vendor.

MassCor may request the option to reproduce any of the training documents or materials provided by the vendor as a means to receive a reduced cost of the training.

Vendors will provide a standard class cancellation policy, including, but not limited to, a minimum number of students per course, weather related emergencies, or any unforeseen emergency with their response. If a vendor cannot provide training due to an emergency, and does not inform the Director of MassCor or their designee, by the start time of the training the vendor may not be compensated.

Vendors are to submit with their response a curriculum our outline, objectives, and a description of each course offered that must be approved by the Director or designee. Vendors are to submit their subject matter expertise and experience in manufacturing equipment or processes. Vendors are to submit with their response the Curriculum Vitae for all instructors that clearly list their credentials.

DOC Rules and Regulations: It must be fully understood by the bidders/contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every driver, technician or any contractor employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Therefore, it is highly recommended that specific drivers be assigned to the correctional route. Convicted felons are not allowed on state property. Background checks will be completed for individuals performing any work under this contract. Upon request by the DOC, the contractor will provide the DOC with specific information to be used to complete background checks. All work is to be completed in a professional manner. Jeans of any color are not allowed inside the correctional facilities. Vendors will not be let into the facilities if clothed with jeans. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Insurance, License, Permit and Approval: The contractor shall, at all times during the life of the contract, maintain all necessary insurance coverage, including worker’s compensation, at the contractor’s expense. Necessary insurance includes Bodily Injury coverage of $100,000 each person and $300,000 each accident and Property Damage coverage of $100,000 each accident and $300,000 aggregate. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract and this will be done at the contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all other rightfully on the premises. Any damage resulting from the contractor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

7.1 Fiscal Terms

All bidders must complete the vendor Pricing Response form for one of the specified rates. This rate will include all materials, and remain fixed for the initial duration of the contract. Rate increases may be reviewed when exercising options to renew. Please complete one form for each course offered.

MassCor may reimburse the vendor for the cost of travel, lodging, food or similar expense that the vendor may incur, with prior written approval of the Director or designee of MassCor Industries.

Return Policy: The bidder must include their written return policy with their written response. Replacements will be delivered as in accordance with the department’s request. If no return policy is specified and therefore accepted as part of this contract, this contract will assume that the department can return items to the contractor for up to one year for full refund. In addition, there will be no charge for returns, e.g., freight, re-stocking, etc.

Shipping, Freight, Delivery, Handling or Fuel Charges, etc: Delivery will be F.O.B. destination with no shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by users of this contract. Bidders/Contractors must respond accordingly. Payment for freight will not be processed under this contract.

Purchase Order Numbers: The contractor will be responsible to obtain a purchase order number from the procuring department for all service requests and for orders. Said purchase order number should appear on all documentation, particularly on the invoice. NO SERVICE OR DELIVERY (unless a department employee has expressed an emergency) shall be performed unless an approved Purchase Order Number is assigned.

Mark up % or Cost plus %: If this contract requires bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliant (not charging the department the contract rate); it may also result in immediate termination of contract.

Contractor Address Changes: It is the responsibility of the contractor to notify the PTL of any change of address, including remit to address. The contractor shall immediately notify the PTL by submitting a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to”. If written notification is not received, changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

Funding Availability: This Contract is subject to available funding.

Payment: Invoices will be sent to MassCor by the contractor immediately AFTER the delivery of services to the following address:

MassCor Headquarters

1 Industries Drive, Building A

P.O. Box 188

Norfolk MA 02056

Contractor invoices should include the following:

· Name, address, telephone and fax numbers of contractor

· Name and address of bill to department and deliver to department

· Purchase order number

· Date of invoice and date of delivery or service

· Detailed breakdown of items delivered or service performed

· Name of department contact person

· Early payment discount terms

A copy of the delivery receipt or work order, which includes the department employee signature, shall be attached to the invoice. Invoices should be sent, unless otherwise notified, to MassCor after the delivery or service has been completed. Invoices shall be date stamped when received by the department. The Commonwealth’s goal is that the contractor receives payment within 30 days after the invoice has been accepted and received by MassCor, unless an early payment discount is offered.

Any invoice, which does not meet these criteria, may be rejected by the department and returned to the contractor for correction, and the department, will not be held responsible for late payments. The contractor must immediately re-submit as per the department’s request.

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.

The date that the prompt payment discount term will begin is the date that the invoice is received and accepted by MassCor OR the date of work completion/order receipt, whichever is greater. The “invoice date” has no bearing on the early payment discount term.

Justified Credits: Written credits will be issued to MassCor no later than two (2) business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the department for late payments caused by disputed invoices.

Tax Exempt Number: The department is tax exempt. Any contractor who requests a copy of the ST-2 may call MassCor. Invoices will not include tax.

Account Numbers: Although this contract may include any number of facilities within the Massachusetts Department of Correction, unless otherwise notified, each facility must have its own unique account number.

Statements: Contractors are encouraged to send monthly statements to MassCor. In addition, contractors must call MassCor for any unresolved issues that are greater than 60 days.

Vendor Assistance Website: The Commonwealth has a link on the Comptroller’s webpage which may assist vendors in researching either payments which have been made or are scheduled to be paid by the Commonwealth. Please refer to: www.mass.gov/comptroller/vendorweb.

Terms and Conditions: The department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Massachusetts Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

Bid/Response Rejection: The department reserves the right to reject any or all bids (responses), in whole or in part and for any reason deemed necessary.

Contract Amendments: The department reserves the right to amend this contract. The department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The department reserves the right to negotiate and execute contract amendments with the contractor(s) which the department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

Contract Termination: The department reserves the right to amend or terminate the contract, with or without cause, at any time, without prior notice and upon any time felt necessary by the department.

Renewal: Renewal Rates will be negotiated at the time of the renewal offer.

Notice: Changes and adjustments/amendments to the contract may occur during performance if seen necessary by the department and only as approved in writing by the PTL.

Contract Expansion: The department reserves the right to include, amend or negotiate any additional commodities or services to this existing contract which the successful bidder(s) offers, when necessary, and only as approved by the PTL of this contract, without having to conduct a separate competitive procurement.

7.2 Supplier Diversity Plan (SDP) Plan The Procurement Management Team (PMT) requires bidders to make a significant commitment to partner with certified Minority-Owned and Women-Owned Businesses (M/Webs) in order to be awarded a contract. A bidder that is certified by the Supplier Diversity Office formerly known as the State Office of Minority and Women Business Assistance (SOMWBA)may not list itself as being an Supplier Diversity Plan Partner to its own company. In addition, a narrative statement can be included to supplement the SDP Plan Form providing further details of the SDP commitments. The submission of this narrative statement does not replace the requirement of the SDP Plan Form. Bidders must submit one form for each M/WBE SDP relationship. Please note that for large procurements over $50,000, no bidder will be awarded a contract unless it agrees to commit to at least one (1) of the following (3) SDP components:

1. Subcontracting: If a bidder commits to Subcontracting in its SDP plan, then it must commit to subcontract a specific dollar amount, or a minimum percentage of dollars earned through an awarded contract, with a Supplier Diversity Office certified company. Although this is only one of several options to meet the requirements for participation in the Supplier Diversity Plan, the bidder’s submission of subcontracting commitments may be weighted most heavily by the PMT. Please note that all subcontracting partnerships require inclusion of the contract between the bidder and the M/WBE subcontractor in the bidder’s bid package.

2. Growth and Development: If a bidder commits to Growth and Development in its SDP plan, then it must submit a plan for education, training, mentoring, resource sharing, joint activities, and assistance that would increase industry capacity and the pool of qualified Supplier Diversity Office certified companies.

3. Ancillary Use of Certified M/WBE Firms: If a bidder commits to Ancillary Use of Certified M/WBE Firms in its SDP plan, then it must include the dollar or percentage expenditure commitments for use of these firm(s) with the use of written commitments between the bidder and the M/WBE Firms(s). A description of the ancillary uses of the Certified M/WBEs, must be included on the SDP Plan Form.

Contractors may be required to submit progress reports to confirm their SDP expenditures for the purpose of compliance and for tracking their submitted commitments. Only actual dollars expended by contractors will be counted towards the commitment. Said reports will be received within 10 business days upon request. Supplier Diversity Office M/WBE certificates must be provided with each report for the Supplier Diversity Office -certified M/WBEs named in the report. Contractors must be prepared and able to submit acceptable documentation of expenditures (receipts, account statements, subcontracting agreements, etc.) when requested to do so by the Department Contract Manager at any time during the duration of the contract.

Bidders that fail to meet their SDP commitments may be required to pay a penalty equal to the value of the unmet portion of the SDP commitment. The Department reserves the right to freeze fiscal purchases or payments until such penalty is paid in full. Payments will be made in the form of checks payable to the Commonwealth of Massachusetts or as otherwise specified by the Department Contract Manager. Continued non-compliance may result in the contractor being suspended or removed from the contract.

All Bidders that select Growth and Development as their M/WBE SDP business relationship may be required to submit a narrative report providing further details and current progress towards meeting the SDP commitment if requested to do so by the Department Contract Manager. Non-compliance with Growth and Development SDP commitments may result in the contractor being suspended or removed from the contract.

7.3 Environmental Preferred Products Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

7.4

Performance Measures – Contract Performance

PTL:

The “PTL” (Procurement Team Leader) or their designee is the Commonwealth employee who is responsible for the overall performance and accountability of this contract.

Contract Manager:

A Commonwealth employee assigned by the PTL who will be responsible to manage the contract performance. This individual will be responsible for directly communicating any concerns to the account manager. In addition, the contract manager will be responsible for on-going performance evaluations in accordance with the measures listed below. Any concerns or un-addressed issues will be brought directly to the attention of the PTL for resolution.

Account Manager:

It will be required that the contractor assign a single point of contact, but it will be acceptable for an account manager to be assigned by region, when applicable. An account manager is an assigned contractor employee who will manage this contract. This individual will be the main contact person for all issues of this contract; including, but not limited to, service schedules, repairs, deliveries, reports/data, and invoicing. The contractor must submit written notification to the PTL at least 15 days in advance of any change of their account manager(s).

Contractors will be measured and evaluated based on the following performance criteria; to include, but not be limited to:

Product quality and/or

Service quality Results of user department surveys or other department verbal or written comments to the PTL

The contractor’s account manager is encouraged to write periodic memoranda to the PTL to also document the contract’s performance.

It is highly encouraged that all DOC facilities, sites and fiscal units using this contract direct any written comments, at any time during this contract, to the PTL of this contract. Without comments, it will be assumed that the contractor is meeting all requirements and obligations.

Performance evaluations will be a part of this contract. The department may evaluate the contractor’s performance at any time. Poor performance evaluations may result in immediate termination of the contract.

In said case of termination, the right is reserved to offer the remaining duration of this contract (including renewals) to an original bidder who was not chosen. Said contractor would be under the same obligations and requirements of this contract at either their original bid rate or a negotiated rate approved by the PTL. Poor performance may also be a concern and consideration when evaluating the renewal extension options.

Contractors may be required to submit annual sales reports to the PTL. These reports will include a description of product sold, product number, number of each product sold, catalog/price list price, contract discount, contract price and total sales for each item. The PTL may negotiate with the awarded contractors to submit semi-annual or quarterly reports if necessary.

8.

Evaluation Criteria:

Contractors must submit responses that meet all the submission requirements of the RFR as defined in Section 9. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. The Department is looking for the “best value” response which provides the greatest quantity or services at the highest quality.

Below are the criteria and maximum points available:

Criteria Maximum Points Available

Vendor Pricing Form

Curriculum/Outline

Demonstrated Experience with Correctional Industries

Demonstrated experience in subject matter

Curriculum Vitae

Supplier Diversity Plan

Total Points Added Value Up to 5 points for each added value offered as determined by the Department as a viable added value available.

9 Instructions for Submission of Responses:

Responses must be sent to the issuing Department at, MassCor 1 Industries Drive Building A, P.O. Box 188, Norfolk, MA 02056, Attention: Denise Raynor, with the following:

Required Forms

Responses that are submitted without completed required forms may be disqualified as unresponsive. The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive. All the Standard Forms referenced below are available on the “Forms & Terms” tab for this RFR on Comm-PASS. If a Bidder should encounter difficulty in locating or downloading any of these forms, please contact the Comm-PASS Helpdesk at 1-888-627-8283.

· Commonwealth Terms & Conditions is a required form. All Bidders must complete, execute and return the Commonwealth Terms and Conditions. Complete all blanks and required information fully and accurately. This form must be executed without modification.

· Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) is a required form. This form must be executed without modification. Please ensure that the legal address listed on the Commonwealth Terms and Conditions is the same legal address indicated on this form.

· Standard Contract Form is a required form. All Bidders must be prepared to execute a Standard Contract Form prior to Contract execution. Failure to return a completed and executed Standard Contract Form may disqualify the Bidder’s response. By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a response to this Request for Response (RFR) that is the Contractor’s offer as evidenced by the execution by the Contractor’s authorized signatory, that the Contract’s response may be subject to negotiation, and that the terms of the RFR, the Contractor’s response and any negotiated terms shall be deemed accepted and included as part of the Contract upon execution of the Standard Contract Form by the Commonwealth’s authorized signatory.

· Contractor Authorized Signatory Listing Form is a required form. All Bidders responding to this RFR must complete the Contractor Authorized Signatory Listing Form that provides a listing of individuals who are authorized as legal representatives of the Bidder who can sign contracts and other legally binding documents. In addition, Bidders must complete the Proof of Authentication of Signature.

· Authorization for Electronic Payment Form is a required form. 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 Guidance for Vendors.

· Supplier Diversity Form is a required form. Pursuant to Executive Order 524, any contract with a potential financial benefit of $50,000 or more requires a bidder to complete applicable sections of this form and include the required attachments for consideration in the scoring of the submission for any contract opportunity with the Commonwealth of Massachusetts.

· Business Reference Form is a required form for this procurement. Bidders must submit three references.

· Additional Preferable Product Information is in line with the Commonwealth’s efforts to promote products and practices which reduce environmental impacts. This is to solicit information from bidders regarding their environmental efforts.

· Executive Order 504 is a required form. Effective January 1, 2009, Executive Order 504 establishes new requirements designed to adopt and implement the maximum feasible measures reasonably needed to ensure the security, confidentiality and integrity of personal information, as defined in MG.L. c. 93H and personal data, as defined in M.G.L. c. 66A, maintained by state agencies (herein collectively “personal information”). This requirement only pertains to contracts that require the Contractor’s access to personal information owned or controlled by the contracting agency and systems that contain such data. The Executive Order applies to all state agencies in the Executive Department, including all executive offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and hereafter established.

· Vendors Response Sheet is a required form and is in the body of this Request for Response The above attachments are available on the “Forms & Terms” tab for this RFR on Comm-PASS.

An original of the response is to be submitted.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

A response that addresses all requirements in Section 7 (scope of services)

A response that addresses all fiscal requirements as stated in Section 7.1 (fiscal terms).

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.

9.1 Initial Deadline for Responses:

Bids are to submitted in a sealed envelope and clearly marked “RFR File # 7500-11-MassCor Training”

Initial Deadline Date:

March 28, 2011 Deadline Time:

by 2:00pm

TO:

Denise Raynor Deputy Director Administration and Finance MassCor Industries 1 Industries Drive, Building A, PO Box 188

Norfolk, MA 02056

Written Questions must be received by:

February 24, 2011 by 2:00 PM

(By email (DRaynor@Doc.state.ma.us) or FAX at 508-850-1092, attn.: Denise Raynor. It is the bidder’s responsibility to verify receipt of questions.)

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.

Written Responses released on or about:

March 7 2011 (Written questions and responses will be posted on the internet.)

Best and Final Offer (BAFO) After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer Opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

9.2 Procurement Calendar

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

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. 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.

Supplier Diversity Plan (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 Plan 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 SDP 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 SDP objectives, the Supplier Diversity Plan (SDP) Plan for large procurements greater than $50,000 will be evaluated at 10% or more of the total evaluation. Once an SDP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SUPPLIER DIVERSITY OFFICE certified contractors to fulfill their own SDP expenditure benchmarks. M/WBE 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 $50,000.

This RFR will contain some or all of the following components as part of the Supplier Diversity 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/Webs and

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

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 (SUPPLIER DIVERSITY OFFICE). All certified businesses that are included in the bidder’s SDP proposal are required to submit an up to date copy of their SUPPLIER DIVERSITY OFFICE certification letter. The purpose for this certification is to participate in the Commonwealth’s Supplier Diversity Plan 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 SUPPLIER DIVERSITY OFFICE certification, contact their office at 1-617-973-8692 or via the Internet at mass.gov/Supplier Diversity Office.

Supplier Diversity Plan 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 Supplier Diversity Plan (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors.

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, aqua cultural, 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 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 an 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.

Not required for 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. 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.

Not required for this RFR 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.

Not required for this 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 State Purchasing Agent at 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 State Purchasing Agent 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 State Purchasing Agent 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 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.