MEDWAY COVID 19 Testing RFP.doc.pdf

Medway Public Schools Medway, Massachusetts

REQUEST FOR PROPOSALS

FOR

THE PROVISION OF COVID 19 SURVEILLANCE POOL

AND REFLEX TESTING SERVICES FOR STUDENTS AND

STAFF IN THE MEDWAY PUBLIC SCHOOLS

PROPOSAL DUE:

October 28, 2020, 11:00 A.M. LOCAL TIME Late Proposals Will Be Rejected

DELIVER COMPLETED PROPOSALS TO:

Medway Public Schools Business Office

45 Holliston Street, Medway, MA 02053 508-533-3222 x 3151

NOTICE TO BIDDERS

Pursuant to Chapter 30B of the Massachusetts General Laws (M.G.L. c. 30B), the Medway

Public Schools, a department of the Town of Medway, 45 Holliston Street, Medway, MA 02053 (“Medway Public Schools” or “the District”) invites the submission of sealed Proposals from firms/entities/persons for the provision of COVID 19 testing services for students and staff in the Town of Medway (Medway Public Schools). The Request for Proposals (“RFP”) may be obtained from the Business Office, 45 Holliston Street, Medway, MA 02053, by emailing daicardi@medwayschools.org between 8:00 A.M. and 4:30 P.M. local time, Monday through Friday, beginning on October 12, 2020.

No Pre-Bid Conference will be held.

Submitted Proposals shall consist of two parts: a sealed Price Proposal and a sealed Non-Price

Proposal to be submitted in separately sealed envelopes clearly marked with the following information on the front of the respective envelopes: Price Proposals to be marked: “Price Proposal for RFP Medway Public Schools - COVID 19 Testing”; Non-Price Proposals to be marked: “Non-Price Proposal for RFP Medway Public Schools - COVID 19 Testing”. The Price Proposal and the Non-Price Proposal shall be enclosed together in a sealed outer envelope marked “RFP: Medway Public Schools: Sealed Proposal for the Provision of COVID 19 Surveillance Pool and Reflex Testing Services for Students and Staff of the Medway Public Schools - Proposal”, which shall be addressed to Medway Public Schools, ATTN. Director of Finance, Business Office, 45 Holliston Street, Medway, MA 02053. Proposer’s name, address and contact phone number shall be clearly visible from the outside of the sealed envelopes. Proposals will be received until 11:00 A.M. local time, October 28 2020, at the District’s Business Office at 45 Holliston Street, Medway, MA.

Proposal opening will be held immediately thereafter, virtually, at the following address:

Join Zoom Meeting https://medwayschools-org.zoom.us/j/92580905943?pwd=TGIvYk1VRlpPblB3cFVPalFSY1QwQT09

Meeting ID: 925 8090 5943 Passcode: 018318 One tap mobile +14703812552,,92580905943#,,,,,,0#,,018318# US (Atlanta) +16465189805,,92580905943#,,,,,,0#,,018318# US (New York)

Dial by your location +1 470 381 2552 US (Atlanta) +1 646 518 9805 US (New York) +1 929 205 6099 US (New York) +1 267 831 0333 US (Philadelphia) Meeting ID: 925 8090 5943 Passcode: 018318 Find your local number: https://medwayschools-org.zoom.us/u/awptqRwYj

No in person attendance will be allowed due to the COVID 19 pandemic emergency.

mailto:emailingdaicardi@medwayschools.org https://medwayschools-org.zoom.us/j/92580905943?pwd=TGIvYk1VRlpPblB3cFVPalFSY1QwQT09 https://medwayschools-org.zoom.us/u/awptqRwYj

If the Business Office is closed due to weather or other emergency (except for the current COVID 19 pandemic), the deadline for receipt of Proposals will be extended until the same time on the next business day that the Business Office is open. All Proposals shall comply with the RFP issued by the Medway Public Schools, including, without limitation, Section 1, Instructions to Proposers, and Proposal Submission Requirements. The District reserves the right to waive any informality in or to reject any, any part of, or all Proposals, if doing so is deemed to be in the best interest of the Medway Public Schools. Any Proposal submitted will be binding for thirty (30) days subsequent to the deadline date for receipt of sealed Proposals. Any contract award is subject to approval of the Medway Public Schools.

I. INTRODUCTION

Pursuant to Chapter 30B of the Massachusetts General Laws (M.G.L. c. 30B), the Medway

Public Schools, a department of the Town of Medway, 45 Holliston Street, Medway, MA 02053 (“Medway Public Schools” or “the District”) invites the submission of sealed Proposals from firms/entities/persons for the provision of COVID 19 testing services for students and staff of the Medway Public Schools for a term of approximately eight months. For a full description of such goods and services, please refer to Section III of the Request for Proposals (“RFP”).

Copies of the RFP may be obtained from the Business Office, 45 Holliston Street, Medway, MA 02053, by emailing daicardi@medwayschool.org, between 8:00 A.M. and 4:30 P.M. local time, Monday through Friday, beginning on October 12, 2020. No formal Pre-Bid Conference will be held.

Questions regarding this RFP shall be submitted in writing and shall be delivered to the Business Office, by email to daicardi@medwayschools.org, by the close of business (4:30 P.M. local time, Monday through Friday) on October 23, 2020. Questions presented after this time shall not be considered. No question shall be considered which is not submitted in writing. Any questions requiring consideration shall be answered in an addendum delivered to all registered Proposers via email. Absence of “failure” messages electronically transmitted from addressee’s e-mail address will serve as confirmation of delivery of addenda.

Sealed Proposals in the following form will be received until 11:00 A.M. local time, October 28, 2020, at the Business Office, 45 Holliston Street, Medway, MA 02053. Proposals shall consist of two parts: a sealed Price Proposal and a sealed Non-Price Proposal to be submitted in separately sealed envelopes clearly marked with the following information on the front of the respective envelopes: Price Proposals to be marked: “Price Proposal for RFP Medway Public Schools - COVID 19 Testing”;

Non-Price Proposals to be marked: “Non-Price Proposal for RFP Medway Public Schools - COVID 19 Testing”. The Price Proposal and the Non-Price Proposal shall be enclosed together in a sealed outer envelope marked “RFP: Medway Public Schools: Sealed Proposal for the Provision of COVID 19 Surveillance Pool and Reflex Testing Services for Students and Staff of the Medway Public Schools - Proposal”, which shall be addressed to Medway Public Schools, ATTN. Director of Finance, Business Office, 45 Holliston Street, Medway, MA 02053.

mailto:daicardi@medwayschools.org

Meeting ID: 925 8090 5943 Passcode: 018318 One tap mobile +14703812552,,92580905943#,,,,,,0#,,018318# US (Atlanta) +16465189805,,92580905943#,,,,,,0#,,018318# US (New York) Dial by your location +1 470 381 2552 US (Atlanta) +1 646 518 9805 US (New York) +1 929 205 6099 US (New York) +1 267 831 0333 US (Philadelphia) Meeting ID: 925 8090 5943 Passcode: 018318

No in person attendance will be allowed due to the COVID 19 pandemic emergency.

Each Proposer’s name, address and contact phone number shall be clearly visible from the outside of each sealed envelope. The clock in the Business Office shall be considered official. All proposers are cautioned to allow ample time for transmittal of Proposals. Proposers are solely responsible for delivery to and receipt by the Medway Public Schools of Proposals by the deadline. No late Proposals shall be accepted or recognized. The time of receipt will determine the acceptability of mailed Proposals, regardless of postmark. No faxed Proposals shall be accepted. Conditional Proposals will not be accepted. If the Business Office is closed due to weather or other emergency, (except for the current COVID 19 pandemic), the deadline for receipt of Proposals will be extended until the same time on the next business day that the Business Office is open.

Each Proposal shall be submitted in accordance with the Submission Requirements in order to be considered for contract award. Nothing in this Request for Proposals will compel the Medway Public Schools to award a Contract. The Medway Public Schools may cancel this Request for Proposals, may waive, to the extent allowed by law, any informalities, and may reject any and all Proposals, if the Medway Public Schools, in its sole discretion, determines said action to be in the best interest of the Medway Public Schools. The Medway Public Schools may reject as non-responsive any Proposal that fails to satisfy any of the Proposal Submission Requirements. Any Proposal submitted shall be binding for thirty (30) days subsequent to the time of the opening of Proposals.

The Medway Public Schools will not reimburse Proposers for any costs incurred in preparing Proposals in response to this RFP.

Submission of a Proposal shall be conclusive evidence that the Proposer has examined this RFP and is familiar with all the conditions of the RFP and of any contract awarded by the Medway Public Schools. Upon finding any omissions or discrepancy in this RFP, each Proposer shall notify the Medway Public Schools immediately so that any necessary addenda may be issued. Failure of a Proposer to investigate completely the RFP and/or to be thoroughly familiar with this RFP shall in no way relieve any such Proposer from any obligation with respect to the Proposal and/or of any contract, in the event that the Proposer is awarded the contract.

By submission of a Proposal, the Proposer agrees that if its Proposal is accepted, then it shall enter into a Contract with the Medway Public Schools which incorporates all of the requirements of this RFP and substantially in the form and substance shown in Attachment H. By submission of a Proposal, the Proposer further indicates acceptance of all terms and conditions of this RFP, including without limitation, Attachment H.

Changes, modifications or withdrawal of Proposals shall be submitted in writing to the Medway

Public Schools prior to the deadline for submission of Proposals and shall be contained in a sealed envelope clearly marked, as appropriate, “CORRECTION, MODIFICATION OR WITHDRAWAL OF

SEALED PROPOSAL FOR THE PROVISION OF COVID 19 SURVEILLANCE POOL AND

REFLEX TESTING SERVICES FOR STUDENTS AND STAFF OF THE MEDWAY PUBLIC

SCHOOLS)”. Each modification must be numbered in sequence, must reference the original RFP and must be signed by the same person who signed the original Proposal or a surrogate so authorized in writing to sign. No corrections, modifications, or withdrawal of Proposals shall be permitted after Proposals have been opened.

M.G.L. c. 30B, which is incorporated herein by reference, shall govern all procedures.

For further information, please refer to the succeeding sections, with which each Proposer shall comply in submitting a Proposal.

The District is an affirmative action/equal opportunity employer and encourages participation from certified minority and women-owned businesses in this RFP.

II. PRE-BID CONFERENCE/QUESTIONS

No Pre-Bid Conference is scheduled.

Questions concerning this RFP or its conditions may be addressed to daicardi@medwayschools.org by the close of business (4:30 P.M. local time, Monday through Friday) on October 23, 2020. Questions presented after this time shall not be considered. No question shall be considered which is not submitted in writing. Any questions requiring consideration shall be answered in an addendum delivered to all registered Proposers.

III. BACKGROUND, SCOPE OF SERVICES AND GENERAL REQUIREMENTS

Pursuant to Chapter 30B of the Massachusetts General Laws (M.G.L. c. 30B), the Medway Public Schools, 45 Holliston Street, Medway, MA 02053 (“Medway Public Schools” or “the District”) invites the submission of sealed Proposals for firms/entities/persons for the provision of COVID 19 Surveillance Pool and Reflex Testing Services for students and staff within the Medway Public Schools.

mailto:daicardi@medwayschools.org

A. Scope of Services

The Medway Public Schools is seeking a vendor to provide COVID-19 surveillance testing services for students, faculty and staff. The successful Proposer, sometimes also referred to as the “Vendor”, will provide the following goods and services:

● Vendor will provide strategic and operational planning services as requested by the

District in order to assist the District in determining the optimal methods of conducting the desired testing, performing the services required by the District, and achieving the District’s goals related to the testing, including without limitation, minimizing disruption of classroom activities and the learning environment by providing for testing to occur outside of classroom hours and at a separate location or locations if so requested by the District, managing test selection, sensitivity and accuracy, and meeting turnaround deadlines set forth in this RFP;

● Vendor must utilize a COVID-19 response-management platform; platform must provide the infrastructure to manage the distribution and collection of materials needed for pooled COVID-19 screening testing and follow up reflex testing to each sample within the pool that tests positive for COVID-19;

● Vendor must identify a Vendor-designated lab (the “Lab”) for testing, such Lab shall be FDA and CLIA approved to conduct testing for all ages; Vendor is solely responsible for paying for all services provided by the Lab and all costs, charges or other fees imposed by the Lab in connection with the testing;

● Vendor’s platform shall facilitate gathering, tracking, and transporting samples to the Lab for analysis and secure and private reporting of test results. Vendor’s platform shall be a secure, open-architecture system capable of securely transferring data to and from other systems;

● Vendor’s platform shall include Internet-based testing results, to be shared with a physician designated by the District;

● Vendor shall assure testing of individuals identified by the District using approved testing methodologies;

● Vendor shall supply self-administration testing kits or, if, at the discretion of the District, tests are to be performed by clinical staff, Vendor shall supply testing kits necessary for administration by clinical staff; tests shall be either self-administered or administered saliva-based, or anterior nares samples, as designated by the District, and testing shall be conducted using PCR testing protocols;

● Vendor shall assure consistent sourcing of required materials, including testing kits;

● Vendor shall be responsible for management of availability and storage of test kits and of test samples; Vendor shall be responsible for verification of identity of individuals tested, linking such identity to the particular test kit or sample with appropriate labeling;

● Vendor shall be responsible for disposal of any bio-hazaardous waste and all other waste in compliance with all applicable laws and regulations;

● Vendor shall be responsible for transportation of completed kits to the Lab for testing and shall track collection times and delivery times to the Lab;

● Lab capacity management to include completing pooled sample testing, as well as reflex testing to each sample within the pool that tests positive for COVID-19, minimizing turnaround time with results reported to the District and all persons or entities designated by the District, including without limitation the District’s designated physician and the local Board of Health, within 24-48 hours of tests arriving at lab;

● Vendor shall update its test protocols as advances in testing are developed;

● Vendor shall utilize a HIPAA-compliant electronic recordkeeping system and shall manage personal information of all individuals being tested, including obtaining and providing of all appropriate HIPAA privacy notifications, and in compliance with HIPAA and other state and federal privacy laws;

● Vendor must provide consent forms that comply with all federal and state laws and, if requested by the District, will obtain the informed consent from all adults being tested and from the parents/guardians of all minor children being tested, including, without limitation, consent that allows the Vendor to share test results, identifiable information and other data directly with the District, the District’s designated physician, the Massachusetts Department of Public Health (“MDPH”), and, regardless of the state or town of residence of the person being tested, the local Board of Health;

● Vendor (the Lab and all subcontractors of the Vendor) currently holds and shall maintain throughout the duration of the contract all applicable State and Federal permits, licenses and approvals required in connection with the goods and services to be provided or performed under the contract, including without limitation licenses or waivers from the

MDPH;

● Vendor shall identify, establish and train a team of appropriately medical credentialed and other operational staff;

● Vendor shall comply with all manufacturer and CLIA guidelines;

● Vendor shall report test results to test results directly to the District, the District’s designated physician, the MDPH and, regardless of the state or town of residence of the person being tested, the local Board of Health, such results to be communicated within the District approved turnaround times;

● At the District’s request, Vendor shall report aggregated test result data to the District or others designated by the District;

● Vendor to provide at Vendor’s sole cost and expense, all materials, supplies, testing kits, testing supplies, notifications, notification fees, royalties, patent use or infringement costs, licenses, permits, approvals, fees for licenses, permits, approvals, labor, personnel, supervision, superintendence, superintendence materials, services, taxes, equipment, apparatuses, appliances, tools, machinery, power, utilities, supplies, safety and protections measures, personal protective equipment, transportation and insurance and other accessories and services necessary or incidental thereto, in order to perform and complete its obligations under the contract.

In the event that the Proposer’s Proposal includes testing by the Proposer rather than exclusively self-administered testing, in addition to the goods, services and requirements provided above, the Proposer shall also, at Proposer’s sole cost and expense

● Establish COVID-19 testing site(s) and operational procedures, including defining hours and location;

● Identify and procure all requirements for the testing site, including without limitation, wi-fi, electricity, toileting facilities and necessary infrastructure, all sufficient to establish testing spaces that maintain patient confidentiality and assures protection of patients from COVID transmission;

● Secure all required licenses and waivers from MDPH, and other local, state and federal entities necessary to operate the test site;

● Take samples and conduct laboratory testing;

● Maintain the testing site;

● Operate the testing site on a fully operational basis at times both convenient and sufficient to accommodate all individuals to be tested pursuant to the contract, managing capacity and processing to minimize wait times;

● Provide sufficient staff to operate the testing site at the necessary times;

● Provide all testing site signage, and take all measures necessary to control and maintain a safe traffic flow;

● Establish and implement written site operational protocols that are approved in writing by the local Board of Health, including without limitation appointment and/or queuing procedures and infection control procedures to protect staff and individuals tested, ;

● Vendor (the Lab and all subcontractors of the Vendor) currently holds and shall maintain throughout the duration of the contract all applicable State and Federal permits, licenses and approvals required in connection with the goods and services to be provided or performed under the contract, including without limitation licenses or waivers from

MDPH.

The Successful Proposer shall perform all services and provide all goods required by or reasonably inferable from this RFP and shall exercise due care and diligence in the rendition of all services required by or reasonably inferable under this RFP and the contract in accordance with the applicable professional standards for professionals who perform such services in the Eastern Massachusetts area. The Successful Proposer shall use its best efforts to perform all services under the contract as expeditiously as is consistent with professional skill and care and the orderly progress of the work

The Medway Public Schools expect there to be approximately 2,300 individuals who are likely to require testing during the contract term, with approximately 1,150 individuals tested each week in a two week cycle administered under the contract with the Medway Public Schools. The Vendor is advised and acknowledges that this number is not guaranteed and the Medway Public Schools reserves the right to increase or decrease the actual number of individuals tested at any time and from time to time at no cost to the Medway Public Schools. The Medway Public Schools reserves the right to set the testing schedule in its sole discretion. Currently, the tentative testing schedule is as follows, but may be adjusted as necessary:

Group A Group B

1 November 5 November 10

2 November 19 November 24

3 December 3 December 8

4 December 17 December 22

5 January 7 January 12

6 January 21 January 26

7 February 4 February 9

8 February 25 March 2

9 March 11 March 16

10 March 25 March 30

11 April 8 April 13

12 April 29 May 4

13 May 13 May 18

14 May 27 June 1

Due to the fluidity of the COVID-19 health crisis, the Medway Public Schools reserves the right to terminate the contract with the successful Vendor for convenience and/or without cause after a written notice of 30 days, at no cost to the Medway Public Schools. Due to timing considerations and/or changes to the Medway Public Schools calendar, the Medway Public Schools also reserves the right to require that the Vendor suspend up to two cycles of testing during the contract term in the District’s sole discretion, at no cost to the Medway Public Schools. Vendor agrees that upon receipt of written notice from the Medway Public Schools of the lifting of any such suspension, the Vendor shall be prepared to, and shall, resume immediate testing and full performance of Vendor’s obligations under its contract on the date set by Medway Public Schools for the resumption of testing. Medway Public Schools may terminate the contract for cause on seven (7) days’ notice to the Successful Proposer.

B. Successful Proposer’s Personnel

The Successful Proposer is an independent contractor of the District with regard to the performance of the contract and nothing in this RFP shall in any way be construed to constitute or create any agency or employment relationship between the District and the Successful Proposer or any of its employees, agents, representatives or servants. The Successful Proposer and his/her/its employees shall not be entitled to receive any benefits of employment with the Medway Public Schools, including without limitation salary, overtime, vacation pay, holiday pay, health insurance, life insurance, pension or deferred compensation.

The Proposer must provide a list of subcontractors and specific outsourced services which

Proposer plans to utilize to perform its obligations under the contract. The engagement by the Successful Proposer of additional subcontractors for any of the services shall be subject to the prior written approval of the District which may be withheld by the District in its sole and exclusive discretion.All employees, agents, representatives, servants and subcontractors of Proposer, including Labs, must abide by all applicable local, state and federal laws and regulations, including without limitation all such laws and regulations applicable to the confidentiality, privacy and security of personal information of students, employees and other individuals, HIPAA rules and regulations, and all District policies. The Successful Proposer shall be responsible in all respects for Proposer’s personnel, including without limitation, for any and all training of his/her/its personnel. The Successful Proposer shall further be responsible for the personnel of its subcontractors, including the Labs, and shall ensure that all employees, agents, representatives, servants and subcontractors of Proposer, including the Labs and the employees, agents, representatives, and servants of the Labs, are appropriately licensed, certified, meet the requirements of this RFP, and shall be of good moral character. All of the Successful Proposer’s employees, agents, representatives, servants and subcontractors of Proposer, and the employees, agents, representatives, servants and subcontractors of Proposer’s Labs, who are assigned to the sites or who would otherwise have direct and unmonitored contact with District students shall pass Criminal Offender Record Information screening or other screenings required by law. The District shall have the right to require the Successful Proposer to remove any personnel from work on the contract for reasonable cause.

The Successful Proposer shall provide the Medway Public Schools with the following information:

1. Name, business address, telephone, and cell phone numbers of the president and primary contact for the goods and services to be provided or performed.

2. Name, address, and telephone number of all employees assigned to the sites. The

Successful Proposer will update this list whenever there is a change in personnel.

C. Data Privacy

The Proposer acknowledges that in the course of the performance of the services, the Proposer and/or it subcontractors may obtain access to information that is or may contain data that is confidential and protected as student records or education records pursuant to the Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232g et seq., 34 C.F.R. § 99 et seq. (“FERPA”) and/or M.G. L. c.

71, §34D, 603 C.M.R. 23.00 et seq. (“MA Student Record Law”) and/or as medical record or health information pursuant to the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (“HIPAA”) (FERPA, the MA Student Record Law and HIPAA are sometimes herein collectively referred to as the “Privacy Laws”); such confidential and protected data is sometimes hereinafter referred to as “Data”, the “data”, and/or the “confidential information”. Proposer and its subcontractors shall comply, as though it were the District, with all of the requirements of the Privacy Laws which address confidentiality of such information and which may limit disclosure of the same to third parties. Nothing in the contract may be construed to allow Proposer or its agents, employees, contractors or subcontractors to maintain, use, disclose, or share the confidential information in a manner not allowed under Federal or state law or regulation or under the contract, whichever provisions are more restrictive. Proposer further acknowledges that the District’s willingness to enter into and continue its contract with the Proposer is predicated upon Proposer entering into and committing to abide fully by the terms of the contract and applicable laws and regulations with respect to the privacy of such confidential information. Proposer shall ensure that the confidential information is kept in a secured environment at all times and that only authorized users have access to the information. Proposer shall use the confidential information appropriately and in accordance with the Privacy Laws and only for the specific purposes, goals, and in the manner outlined in and authorized by the contract. All other uses by Proposer will require written consent by the District.

D. References

Proposer must provide a statement of business experience with a complete list of all jobs performed in the past three (3) years that are similar in size and scope to this project. Any omission will be considered grounds to invalidate the Proposer’s Proposal. Poor references may be used as a basis for determining that a Vendor is not a responsible Proposer. The District may act as its own reference. Use the form marked “REFERENCES” in this proposal (Attachment AA), providing the identity of a contact person and his/her street address with city, state and zip code, email address and telephone number.

The District may make such further investigations as it deems necessary to determine the ability of the Proposer to supply the necessary goods and services in a timely and professional fashion, and the Proposer shall furnish to the District all such information and data for this purpose as the District may request. The District reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Proposer, or the District’s own experience with such Proposer, fails to satisfy the District that such Proposer is properly qualified to carry out the obligations of the contract by supplying the goods and services contemplated therein.

E.Taxes

Medway Public Schools is exempt from local, County, State and Federal Excise Taxes and will not make payment of taxes of any name or nature. Certificates will be issued upon request. Proposer shall obtain all appropriate tax exemption certificates from the District.

No contract may be entered into by the Medway Public Schools with any party that has not filed and paid all taxes required under law. This certification is to be included with the sealed Proposal.

Failure to submit a statement of compliance will result in the Proposal being disqualified. (Attachment C)

IV. PROPOSAL SUBMISSION REQUIREMENTS

The Price Proposal shall be based on and expressed as a unit price per test performed by the Successful Proposer in accordance with the specifications set forth in this RFP.

Every Proposal must be submitted on the prescribed proposal forms, copies of which are included with the RFP. All blank spaces on the Proposal forms shall be filled in, in ink or typewritten, in words or figures. The prices for each item on the Price Proposal shall be stated in both words and figures. Where itemized lump sum or unit prices are called for, all such prices shall be provided by the Proposer. In the event of a discrepancy between prices written in words and prices written in figures, the written words shall govern. In the event of a discrepancy between the indicated sum of any column of figures and the correct sum thereof, the correct sum shall govern. Conditional or qualified Proposals will not be accepted

The Proposal shall state the legal name of the Proposer and shall be signed in ink by a person or persons legally authorized to bind the Proposer to a contract, as follows: (1) if the Proposer is an individual, by him/her personally; (2) if the Proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; (3) if the Proposer is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. The name and title of the person or persons signing the Proposal shall be typed or printed below the signature(s).

Each Proposer shall submit the following forms fully and completely signed (if applicable):

1) Documents to be included as part of the Price Proposal envelope:

A. A fully executed Proposal Form (Attachment A) which shall include the proposed price and certification of the following:

i. Proposer holds all applicable State and Federal permits, certifications, licenses and approvals required to perform the services, provide the goods, and meet the obligations of Proposer under the contract. (Proposer shall attach to the Proposal Form copies of all applicable State and Federal permits, certifications, licenses, and approvals.)

ii. Proposer holds all applicable documentation and Insurance in accordance with this Request for Proposals. (Proposer shall attach to the Proposal Form copies of relevant insurance certificates hereto. Nothing in this provision, however, shall eliminate the requirement that the Proposer, if chosen as the Successful Proposer, shall submit to the Medway Public Schools an endorsement or a rider in compliance with the RFP or contract, including naming the Medway Public Schools and the Town of Medway as additional insureds.)

iii. Proposer is registered with the Secretary of the Commonwealth of Massachusetts to do business in Massachusetts. (Proposer shall attach to the Proposal Form a copy of a Certificate of Good Standing from the Secretary of the Commonwealth’s Office.)

iv. Proposer has not failed to perform satisfactorily on contracts of a similar nature.

V. Proposer possesses the skill, ability and integrity necessary for the faithful performance of services under any contract with the Medway Public Schools.

VI. Proposer provides supervision of all workers performing under all contracts held and pledges to provide such supervision under any contract awarded by the Medway Public Schools.

B. A fully executed Certificate of Non-Collusion (Attachment B).

C. A fully executed Certificate of Tax Compliance (M.G.L., c.62C, §49A) (Attachment C).

D. A fully executed Conflict of Interest Certification (M.G.L. c.268A) (Attachment D).

E. A fully executed Corporate/Partnership Forms (Attachment E).

F. A fully executed Certificate of Compliance with M.G.L. c. 151B (Attachment F).

G. A fully executed Certificate of Non-Debarment (Attachment G).

H. Form of Contract (Attachment H).

I. A certificate of insurability from an insurance company that is licensed to do business in the Commonwealth of Massachusetts indicating that all the provisions of the specifications can be met, shall be submitted with the Proposal documents. (Attachment I).

J. A list of proposed subcontractors identifying the particular services or goods to be outsourced to each such proposed subcontractor with certification by the Proposer as to each subcontractor that subcontractor is insured in accordance with the insurance requirements in this Request for Proposals, is registered with the Secretary of the Commonwealth of Massachusetts to do business in Massachusetts and holds all applicable State and Federal permits, certifications,licenses and approvals required to perform the services being subcontracted and possesses the skill, ability and integrity necessary for the faithful performance of services under any contract with the Medway Public Schools . (Attachment J.)

2) Documents to be included as part of the Non-Price Proposal envelope:

AA. A statement of business experience and references for proposer and each subcontractor of proposer. Each Proposer and subcontractor shall demonstrate that it has business experience with at least three (3) prior similar contracts and that it has positive references on at least three (3) prior similar contracts. (Attachment AA.)

BB. Evidence of the Proposer’s choosing sufficient to establish and permit the Awarding Authority to evaluate the Proposer’s Performance Capabilities as described in Section VII, hereinafter. (Attachment BB.)

V. PROPOSAL SUBMISSION DEADLINE AND OPENING OF PROPOSALS

Sealed Proposals for the Provision of COVID 19 Surveillance Pool and Reflex Testing Services for Students and Staff of the Medway Public Schools - Proposal will be received until 11:00 A.M. local time, October 28, 2020, at this address:

ATTN. Director of Finance

Business Office

45 Holliston Street Medway, MA 02053.

Proposals received after that date and time will be rejected.

https://medwayschools-org.zoom.us/j/92580905943?pwd=TGIvYk1VRlpPblB3cFVPalFSY1QwQT09 Meeting ID: 925 8090 5943 Passcode: 018318 One tap mobile +14703812552,,92580905943#,,,,,,0#,,018318# US (Atlanta) +16465189805,,92580905943#,,,,,,0#,,018318# US (New York) Dial by your location +1 470 381 2552 US (Atlanta) +1 646 518 9805 US (New York) +1 929 205 6099 US (New York) +1 267 831 0333 US (Philadelphia) Meeting ID: 925 8090 5943 Passcode: 018318

No in person attendance will be allowed due to the COVID 19 pandemic emergency

VI. MINIMUM SELECTION CRITERIA

In order to be considered a responsible and responsive Proposer, a Proposer shall comply with the Proposal Submission Requirements set forth in Section IV 1), A through J, inclusive, above.

VII. COMPARATIVE EVALUATION CRITERIA

PERFORMANCE CAPABILITIES

Proposer must must demonstrate competency in the business of providing the goods and/or services specified in this RFP and must be capable of performing the specified services and providing all goods, materials, supplies, testing kits, testing supplies, machinery, equipment, personal protective equipment, tools, superintendence, labor, personnel, transportation, licenses, permits, insurance and other accessories and services necessary or incidental thereto, in compliance with the terms and conditions set forth in this RFP in order to perform and complete its obligations under the contract as described in this RFP, on schedule, and in a professional and workmanlike manner, to the standard of performance required under this RFP. Time of performance is critical to this RFP. Proposer must demonstrate to the Medway Public Schools the Proposer’s capacity to perform within the timeframe set out in this RFP.

The following Comparative Evaluation Criteria will be used to evaluate Proposals which have met the Minimum Evaluation Criteria. The awarding authority reserves the right to weigh each section differently in making their selections, however, the awarding authority will weigh each section of the Comparative Evaluation Criteria consistently for each Proposer

Comparative Evaluation Criteria

1. The vendor has demonstrated experience conducting a testing program with similarly sized organizations.

To the extent the vendor has demonstrated successful testing for three companies, towns, or schools that are similar in scope to this proposal

Highly Advantageous

To the extent the vendor has demonstrated successful testing for two companies, towns, or schools that are similar in scope to this proposal

Advantageous

To the extent the vendor has demonstrated successful testing for one companies, towns, or schools that are similar in scope to this proposal

Not Advantageous

No prior experience in similar scope to this proposal

Unacceptable

2. Proposer must have FDA and CLIA lab approved testing

Vendor has FDA and CLIA approved test process for testing adults and children as young as pre-kindergarten

Highly Advantageous

Vendor has FDA and CLIA approved test process for testing adults and is working toward approval for children

Advantageous

Vendor has FDA and CLIA approved test process for testing adults only

Not Advantageous

Vendor does not have CLIA approved lab Unacceptable

3. Test result turnaround time

Vendor can ensure test results are returned in under 24 hours

Highly Advantageous

Vendor can ensure test results are returned in under 48 hours

Advantageous

Vendor can ensure test results are returned in under 72 hours

Not Advantageous

Vendor can ensure test results are returned in under 72 hours

4. Proposer and proposed designated subcontractor must receive favorable ratings or reviews from references

The extent to which the vendor and its subcontractors has received consistently high reviews from at least three similar contracts.

Highly Advantageous

The extent to which the vendor and its subcontractors has received consistently high reviews from at least two similar contracts.

Advantageous

The extent to which the vendor and its subcontractors has received consistently high reviews from at least one similar contracts.

Not Advantageous

Proposer and its subcontractors does not submit favorable reviews

VIII. SELECTION PROCESS AND RULE FOR AWARD

It is the intent of the District to award the contract for goods and services to the responsive and responsible Proposer offering the Proposal that will best promote the public interest and is most advantageous to the District, taking into consideration all requirements, Minimum Selection Criteria and Comparative Evaluation Criteria as set forth in the RFP, including price, as solely determined by the District. The Successful Proposer shall have complied with the requirements of this RFP and possess the skill, ability and integrity necessary for the faithful performance of the work and comply with all applicable provisions of law. The District reserves the right to weigh any or all of the Comparative Evaluation Criteria as more or less determinative than the Price Proposal in the District’s sole discretion, however the District will weigh such Comparative Evaluation Criteria versus the Price Proposal consistently for each Proposer. In the event of a tie, the District will flip a coin assigning “heads” to the proposer whose company name is alphabetically first.

The undersigned understands that, pursuant to M.G.L. c. 30B, §5, the Medway Public Schools shall award one (1) contract with a term commencing on the date of the signed contract and ending on June 15, 2021 unless sooner terminated as provided in this RFP or the contract. Nothing in this Request for Proposals will compel the Medway Public Schools to award a contract. The Medway Public Schools may cancel this Request for Proposals, may waive, to the extent allowed by law, any informalities, and may reject any and all Proposals, if the Medway Public Schools, in its sole discretion, determines said action to be in the best interest of the Medway Public Schools. The Medway Public Schools may reject as non-responsive any Proposal that fails to satisfy any of the Proposal Submission Requirements. No person or firm debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency shall be awarded the contract.

Award of the contract will be made within thirty (30) business days after (i) the opening of Proposals or (ii) the receipt by the District of any approvals necessary from federal or Commonwealth agencies in connection with the project, whichever is later. All Proposal prices submitted in response to this RFP must remain firm for thirty (30) days following the Proposal opening or until a contract is executed, whichever occurs first.

The Successful Proposer will be notified in writing, by mail, electronic mail or otherwise, that its

Proposal has been accepted and that it has been awarded the contract, whereupon the Successful Proposer shall be required to execute a contract in a form of the attached document (Attachment H) within ten (10) days after presentation thereof by the Medway Public Schools. The District shall have no obligation whatsoever to the successful Proposer until such Contract is executed.

The Successful Proposer shall provide certification of insurance coverage and shall be required to indemnify and hold the Medway Public Schools and the Town of Medway harmless (see below for more information).

Payments under the contract will be on the terms more specifically set forth in the contract. Sales taxes and finance charges will not accrue or be paid by the District.

IX. COMPLIANCE WITH LAWS

The Successful Proposer shall comply with all provisions of Federal, Massachusetts and Town of Medway laws, and all school policies of the Medway Public Schools, which are applicable to the goods and services to be provided under this RFP, including, without limitation, all statutes, by-laws, rules, regulations, orders and directives, as amended, and including, without limitation, the Williams-Steiger Occupational Safety and Health Act, as amended, and related regulations, as amended, in effect throughout the term of this Lease and any extension or renewal thereof. Without limitation, the Successful Proposer shall comply, to the extent applicable, with the provisions of Chapter 149, Section 26 to 27D of the Massachusetts General Laws (M.G.L.), as amended. Any contract shall be considered to include in their entirety all terms respecting workers' compensation insurance and other terms required to be included in it by Chapter 152 of the Massachusetts General Laws, as amended, and any other laws, as though such terms were set forth in their entirety herein.

X. INSURANCE

The Successful Proposer shall obtain and keep in force throughout the term of the contract awarded by the Medway Public Schools and any extension or renewal thereof, insurance coverages with companies that are authorized and licensed in the Commonwealth of Massachusetts to issue policies for the coverages and limits so required, in the limits equal to or greater than the policy limits set forth hereinafter. Without limitation of other requirements of this RFP, no contract shall be entered into by the parties unless the successful Proposer complies with all applicable insurance requirements, including, without limitation, the requirement to submit endorsements or riders which include the required language concerning notice of cancellation or amendment of any and all insurance policies required under the contract, and which include the required language mandating that the Medway Public Schools and the Town of Medway shall be named as an additional insured on the required policies of commercial general liability insurance, automobile liability insurance, and excess liability insurance, umbrella form.

Minimum Insurance Limits

General Liability (Bodily Injury & Property Damage): $1,000,000 General Liability – Aggregate: $3,000,000 Worker’s Compensation: As Required by Law Automobile Liability: $1,000,000 Umbrella Liability: $2,000,000 Umbrella Liability – Aggregate: $2,000,000 Professional Liability (Errors & Omissions): $2,000,000 Professional Liability – Aggregate: $2,000,000

A certificate of insurance evidencing such insurance policies and limits shall name the District and the Town of Medway as additional insureds. Said insurance policies must be on a form satisfactory to the Owner and shall contain the following language: “No cancellation of or change or revision in the insurance by insurer or the insured, the existence of which insurance is evidenced by this certificate, shall be valid unless written notice is given thereof to the Medway Public Schools and the Town of Medway at least thirty (30) days prior to the intended date of cancellation, change, or revision by mail, postage prepaid and evidenced by a return receipt.” If any policy of insurance required by this Agreement is cancelled, this Agreement shall be immediately null and void at the sole option of the District.

No insurance shall be obtained from an insurer which: (1) is not licensed to sell insurance in the Commonwealth of Massachusetts; (2) is not authorized to provide insurance as an excess or surplus lines insurer, and does not have a current Best’s rating of A or better; or (3) is a risk retention group lawfully providing insurance to its members in Massachusetts.

Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of this Agreement and, at the option of the District, shall operate as grounds for an immediate termination thereof.

XI. INDEMNIFICATION

To the maximum extent permitted by law, the Successful Proposer shall indemnify, defend and hold harmless the District and the Town of Medway, and their respective officials, officers, boards, board members, committees, committee members, servants, insurers, employees, attorneys, and volunteers, jointly and severally, from and against any and all liabilities, expenses, damages, losses, claims for subrogation, judgments, decrees, orders, claims, demands and actions of any nature whatsoever, including but not limited to those for loss of life, personal injury, bodily injury and/or property damage, which arise out of, are connected in any way with, and/or are claimed to arise out of or be connected with, whether directly or indirectly, the performance or non-performance of the parties’ contract by the Successful Proposer, its agents, servants, subcontractors, employees or anyone for whom Successful Proposer has legal responsibility in connection with this RFP or the contract (together, the

“Contractor Parties”) and/or arising out of or in connection with the act or omission of any one or more of the Contractor Parties, or which arise out of the violation of any federal, Massachusetts or Town of Medway statute, by-law, rule, regulation, order or directive. Said costs shall include, without limitation, reasonable legal costs, collections fees, and counsel fees incurred in defending any claim or suit that may be brought against the District or the Town of Medway or their respective officials, officers, boards, board members, committees, committee members, servants, insurers, employees, attorneys, and volunteers, and any judgment that may be obtained in any such claim or suit. The Successful Proposer shall make no claims against the District or the Town of Medway or their respective officers, officials, boards and board members, committees and members of committees, servants, insurers, employees, attorneys, volunteers, agents or representatives for any injury to any of the Contractor Parties or for damage to the Successful Proposer’s equipment arising out of work contemplated by the RFP and/or the contract.

Neither the District nor its officers, officials, boards and board members, committees and members of committees, servants, insurers, employees, attorneys, volunteers, agents or representatives shall be under any personal obligation or incur any personal liability by reason of the RFP or the contract, the execution thereof or anything relating thereto which arises out of the breach or violation of any provision of this RFP or the contract, or the violation of any Federal, Massachusetts or Town of Medway statute, by-law, rule, regulation, order or directive, or which relates to personal injury or property damage suffered by the Successful Proposer or its employees, regarding the subject matter of this RFP or the contract.

XII. PERFORMANCE BOND REQUIREMENTS

DELETED – NOT APPLICABLE

XIII. LABOR AND MATERIALS PAYMENT BOND REQUIREMENTS

DELETED – NOT APPLICABLE

XIV. CRIMINAL BACKGROUND SCREENING

For each employee of the Successful Proposer, each subcontractor of…