Printing Mailing Warehousing RFQ~1.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MA 02108

REQUEST FOR QUOTES (RFQ)

FOR

MASSHEALTH PRINTING, MAILING, WAREHOUSING, AND FULFILLMENT SERVICES

UNDER MASTER BLANKET PURCHASE ORDER

(Formerly OFF48)

DOCUMENT #: 24PRINTMAILRFQ

BID #: BD-24-1039-EHS01-EHS02-100431

ISSUED: MARCH 25, 2024

TABLE OF CONTENTS

SECTION 3: SCOPE OF SERVICES………………………………………….10

Request for Quotes for MassHealth Printing, Mailing, and Fulfillment Services 2

SECTION 1: INTRODUCTION

1.0 Introduction

Pursuant to the Statewide Contract OFF48, the Executive Office of Health and Human Services (EOHHS) is issuing this Task Order Request for Quotes to solicit responses from qualified Bidders to provide MassHealth Printing, Mailing, Warehousing and Fulfillment Services for EOHHS.

EOHHS is issuing this Request for Quotes (RFQ) under the provisions of 801 CMR 21.00 et seq., which govern the procurement of services by state agencies.

1.1 Purpose of Procurement

The Executive Office of Health and Human Services (EOHHS) administers the Massachusetts Medicaid program (MassHealth) pursuant to M.G.L. c. 118E, Titles XIX and XXI of the Social Security Act, and other applicable laws and waivers. EOHHS provides comprehensive health benefits and is now the single largest insurer in Massachusetts, providing health care coverage to more than 2.4 million eligible Massachusetts residents.

EOHHS is seeking printing, mailing, warehousing, and fulfillment services to be provided in a timely, efficient, and cost-effective manner in response to EOHHS requirements. Services also include development of secure web portals (“microsites”) to enable online access to electronic communications. Such portals are needed for the production of 1095-B and 1099-HC tax forms as described in Attachment A: Model Task Order of this RFQ. EOHHS is seeking quotes from proactive vendors who can work creatively and collaboratively to print and mail publications and notices to MassHealth members and applicants and to MassHealth providers.

The Contractor must be able to provide effective communication, reporting, a high-quality product, creative solutions for cost savings, and responsive customer service. The Contractor must be able to produce communications in an accessible format as directed by EOHHS, and be willing and able to work with EOHHS to ensure communications are provided to applicants and members in accessible formats as new accommodation needs arise. The Contractor will also be responsible for the management and completion of each project from beginning to end by deadlines established by EOHHS.

EOHHS makes no guarantee that any commodities or services will be purchased from any Task Order resulting from this RFQ. Any estimates or past procurement volumes referenced in this RFQ are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

1.2 Roles of Selected Contractor

As further described in Section 2: Contractor Responsibilities of Attachment A: Model Task Order, the selected contractor will provide support to MassHealth with printing, mailing, warehousing, and fulfillment services.

For more information about the Contractor’s Responsibilities, see Section 2: Contractor Responsibilities of Attachment A: Model Task Order.

Printing and Mailing Services

Print jobs can range in size from less than 100 pieces per run to 1,000,000 pieces per run.

Products can include letters, applications, booklets, brochures, posters, postcards, forms, business cards, letterhead, signs, banners, and custom envelopes. Some products, including applications, may require staple binding and perforated pages. See Attachment A: Model Task Order for requirements on printing capabilities.

B. Mailing Services

Mailings range from ongoing and regular outreach on a daily or monthly basis to nonroutine, rush mailings to MassHealth applicants, members and providers.

Notices may be complex and require multiple occurrences of variable data. Notices may come from different sources, which may affect the way the notice is generated by EOHHS. In some cases, notice templates are provided along with a data file. In other cases, the notices are generated as a single PDF that requires the Contractor to divide into individual notices.

Mailings need to be batched by preferred language (up to six different languages) and by accessibility accommodation: braille, large print, and digital materials.

The Contractor must establish mailing permits on behalf of EOHHS and must submit a reconciliation report of postage for each mailing service provided. The Contractor must be able to advance some postage costs. The Contractor must provide a quote for postage in advance and funds will be approved and released from EOHHS Accounts Payable Department to be paid directly to the Contractor.

The Contractor must provide creative solutions for postage optimization and have a strong knowledge of USPS postal requirements.

C. Production and Mailing of Daily Batch Large-Print and Braille Notices

The Contractor will be responsible on a daily basis for accepting batch files of member notices in a secure manner and converting them into large-print and braille versions according to EOHHS standards.

D. Postage Optimization

The Contractor must provide creative solutions for saving costs on postage.

E. 1095-B/1099-HC mailings/microsites

The Contractor must develop to specification web-based portals for EOHHS member and provider access to secure communications. Such portals are needed for production of 1095-B and 1099-HC tax forms as described in the Model Task Order.

F. QR Technology and Data Matrix Codes

The Contractor must generate and apply on each member notice a QR code, which contains individual and notice information needed for indexing by EOHHS. The Contractor must also provide EOHHS a PDF file for every member notice containing the QR code for indexing by EOHHS.

The Contractor must apply data matrix codes to envelopes or on letters positioned to be read through an envelope window to assist EOHHS in tracking and processing returned mail.

G. Management of P.O. Boxes for Shredding or Distribution

The Contractor will be responsible for establishing and managing receipt of incoming mail into U.S.P.S. post office boxes for purposes of securely shredding in the case of returned mail, or for distribution to other locations as directed.

H. Fulfillment Services

The Contractor must ship printed materials to any MassHealth central and field offices in the Commonwealth in support of EOHHS business.

In addition to printed materials produced onsite, the Contractor must also store and ship Voter Registration materials supplied by the Secretary of the Commonwealth, when those materials are used for EOHHS business.

Materials for fulfillment are to be held in inventory by the Contractor. For items that are warehoused and distributed from the Contractor’s storage facility, the Contractor must maintain an online, real-time inventory, as well as historical records.

I. Pick-up and Recycling of Obsolete Material

The Contractor will be required by EOHHS to pick up obsolete inventory at MassHealth central and field offices, the MassHealth customer service center, and the Operational Services Division (OSD) when delivering new products. The replaced materials must be disposed of through recycling, and recycling credits must be applied to EOHHS’s account.

K. Warehousing

The Contractor must have storage space sufficient to store MassHealth-related inventory. The warehoused materials must be maintained in an environment that ensures no supply will be lost due to storage conditions.

The Contractor must store supplies provided by other entities as needed to print or mail materials under the Task Order, or to fulfill orders for supplies to MassHealth central and field offices, the MassHealth Business Support Services vendor, and to OSD for MassHealth-related business. Such supplies may include Voter Registration forms, which must be bound with MassHealth applications and review forms; and envelopes, which may be purchased in volume by an envelope vendor, as needed for mailings to members.

L. Reporting

The Contractor must provide reports on request summarizing the dates and quantities of each mailing, proof of mailing, the list of specifications for each mailing job, and the breakdown of languages and accommodations for each mailing job, inventory balances, and other reports as later defined or required by EOHHS.

Reports and details of each mailing, including the applicable templates and data files, must be kept and made available to EOHHS over the life of the contract.

1.3 Bidder Qualifications

To be considered for the Printing, Mailing, Warehousing, and Fulfillment Services Task Order pursuant to this RFQ, the Bidder, in addition to all other requirements specified herein, must:

A. Be an approved Contractor on Statewide Contract OFF48 for printing and mailing services with at least five years in the business; and

B. Have the capacity and willingness to perform all functions and activities as detailed in Attachment A: Model Task Order, as of the anticipated Contract effective date.

1.4 Task Order Duration

The Task Order duration is expected be for a period of three years, on or about June 17, 2024, through December 31, 2027, with the possibility of two one-year extensions, provided that Statewide Contract OFF48 is renewed for that period.

SECTION 2: DEFINITION OF TERMS

See Section 1.2: Definitions of Attachment A: Model Task Order.

SECTION 3: SCOPE OF SERVICES

Please see Section 2: Contractor Responsibilities of Attachment A: Model Task Order for a detailed description of the scope of services expected from the Contractor.

SECTION 4: PAYMENT

The Bidder that becomes the Contractor will be paid according to a fixed per-unit price for each of the products listed in Attachment B: Cost Proposal: Price List, as negotiated between EOHHS and the Contractor based on the Bidder’s proposed Attachment B: Cost Proposal: Price List in response to this RFQ.

Please see Section 4: Billing and Payment of Attachment A: Model Task Order for a description of billing and payment requirements.

SECTION 5: RESPONSE REQUIREMENTS

5.0 Overview

The Contractor will be selected based on the Bidder’s experience, cost proposal, and ability to meet the needs of EOHHS.

Responses to this RFQ must consist of the following sections and samples:

1. Business Specifications;

2. Programmatic Response;

3. Cost Proposal; and

4. Five sets of print work samples, clearly labeled, as described in Section 5.4.G.

5.1 General Submission Instructions

1. All procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the OSD Help Desk at OSDHelpDesk@mass.gov. Instructions for creating a Quote can be found in the document titled “Create a Quote in COMMBUYS” in the list of File Attachments for this RFR. In addition, there is a webcast, How to Locate and Respond to a Bid in COMMBUYS, that Bidders may find helpful. See Section 7.3 of this RFR for further information about COMMBUYS.

In addition to an electronic submission through COMMBUYS, the Bidder must submit two (2) hard copies of the response to the following address no later than the date and time specified in Section 8: Timetable:

Executive Office of Health and Human Services (EOHHS) One Ashburton Place, 11th Floor Boston, MA 02108

Any response received after the deadline will not be considered.

The Response document must be single-spaced, double-sided, with a line between each paragraph, one-inch margins, and 12-point Times New Roman font or similar.

The Response must contain a Table of Contents and each section of the document must be separated by a header that includes reference to the RFR section number and heading (e.g., “Section 5.3.A. General Background”). Each page must be numbered and have the name of the Bidder in the footer.

All of the required documentation and forms listed in Section 5 of this RFQ must be included as attachments separate from the narrative response. Unnecessary samples, attachments or other documents not specifically asked for should not be submitted.

The Bidder must include with its Business Response a cover letter that clearly states the name of the Bidder, principal address, and the name, address, e-mail, fax and telephone number of the Bidder’s contact person. The letter must:

Be signed by an individual authorized to bind the Bidder;

Clearly commit the key personnel named in the response;

Clearly identify any significant subcontractors, their roles, and responsibilities; and

Include a statement that the Bidder’s proposal will remain in effect until the Bidder withdraws its proposal or a Task Order resulting from this RFR is executed, whichever is later.

5.2 Deadline for Submission

The Bidder must submit its complete Response no later than the date and time specified in Section 8: Timetable. Responses submitted after the deadline will be rejected.

5.3 Business Response Requirements

A. General Background

The Bidder must provide the following information:

1. The Bidder’s legal name, trade name(s), and any other name(s) under which the Bidder does, or has done, business;

2. The Bidder’s principal address and telephone number;

3. The name, address, and telephone number of all proposed team members, if different.

B. Required Forms and Certifications

The Bidder must complete, sign and submit the following forms which may be downloaded from the COMMBUYS website:

1. Contractor Authorized Signature Verification Form

2. Prompt Payment Discount Form;

3. Supplier Diversity Program Form, as described in Section 7.30;

4. Certification of Bidder’s Qualifications and Contract Readiness

5. Certification of Key Personnel

6. Certification with Regard to Subcontractors

7. The following documents are included among the required forms for review purposes. Bidders will certify acceptance of these documents in their Cover Letter as described in Section 5.1.F.

a. Standard Contract Form;

b. Commonwealth of Massachusetts Standard Contract Form and Instructions; and

c. Commonwealth of Massachusetts Terms and Conditions.

5.4 Programmatic Response

The Bidder must demonstrate to EOHHS in its Programmatic Response its ability to assume all programmatic responsibilities in this RFQ and the Attachment A: Model Task Order. The Bidder must provide the following information in its Programmatic Response not to exceed seven pages:

A. Organization Description

1. The Bidder must provide a brief narrative of its organization, including subcontractors, and its experience and number of years providing the services required of the Contractor.

1. References from three entities for which the Bidder has performed comparably complex activities for a similar organization. The limit on each such reference is 1 page. Experience with any Commonwealth of Massachusetts agency and any other government agency must be included, in addition to the above references. These references must include the following information:

a. The client organization’s name and address;

b. The name and title, address, telephone number, fax number and e-mail address for a contact person;

c. A brief description of the job requirements (including a description of the products and services offered, as appropriate);

d. The start and end dates for the activities, commencing with the signed Task Order and the actual start and end dates, with a brief explanation of the difference; and

e. The annual cost (in U.S. dollars) of the operations.

B. Bidder Qualifications

A written statement demonstrating how the Bidder meets each of the Bidder Qualifications in Section 1.3 of this RFQ.

C. A description of how the Bidder plans to deliver the services described in this RFQ.

D. Key Personnel and Experience

Resumes of all personnel proposed for this project and a description of each proposed team member’s experience.

E. Contractor Responsibilities

Describe how the Bidder will implement each of the components outlined in Attachment A: Model Task Order, Section 2: Contractor Responsibilities.

F. Samples (not included in the page limit) The Bidder must provide five sets of print work samples, clearly labeled as follows:

pre-conversion document

5.5 Cost Proposal: Price List

The Bidder must submit as its Cost Proposal Attachment B: Cost Proposal: Price List.

Section 6: Response Evaluation Process

Responses submitted pursuant to this RFQ will be evaluated by a Procurement Management Team (PMT) appointed by EOHHS.

6.1 Business Response Review

All responses will be initially reviewed to determine compliance with the General Submission Instructions in Section 5.1. For those responses that comply with the General Submission Instructions, the PMT will review the Business Response Requirements described in Section 5.3. Responses that include all required information under the Business Response Requirements will be reviewed and evaluated by the PMT.

6.2 Programmatic Response Review

The PMT will qualitatively rate each Programmatic response by evaluating each element as follows:

A. The quality of the Bidder’s Programmatic Response to fulfilling the requirements described in this RFQ in accordance with the following criteria: comprehensiveness, appropriateness, feasibility, clarity, effectiveness, innovation, and responsiveness to the needs of EOHHS.

B. In addition to the Programmatic Response, EOHHS may consider any relevant information about the Bidder known to EOHHS.

C. Preference may be given to qualified, competitive bids.

D. The PMT will (1) evaluate responses in accordance with the criteria described above. Cost will be one factor, but not the sole factor, in the PMT’s consideration; (2) give a composite rating of “Excellent,” “Very Good,” “Good,” “Fair,” or “Poor” or “Non-Responsive” for each category evaluated; (3) Assign each of the responses an overall rating; (4) compare the responses to one another; (5) Rank the responses in order of composite rating.

E. Compare the composite rating to the Bidder’s Cost Proposal.

6.3 Cost Proposal Review

Each Cost Proposal (Section 5.5) will be reviewed by the PMT for its reasonableness, competitiveness and value to EOHHS. Cost will be one factor, but not the sole factor, in the PMT’s consideration. EOHHS is not required to choose the Bidder that proposes the lowest cost.

6.4 Site Visit/Inspection

Bidders selected as finalists may be required to participate in an extensive interview. The PMT, in its sole discretion, and at its convenience, may elect to inspect any Bidder’s offices or the office of any proposed subcontractors. An inspection would most likely consist of a detailed introduction to the Bidder’s or subcontractor’s operations that are relevant to this RFQ. Failure to agree to such an inspection may result in rejection of the Bidder’s proposal. The interview and/or site visit is intended to:

1. Clarify and substantiate representations and information contained in the Bidder’s response;

2. Supplement information obtained in the Bidder’s response;

3. Provide additional understanding of the services and operations offered and any other additional information requested; and

4. Introduce all key personnel and any significant subcontractors who will have responsibility for the project management and Contractor’s responsibilities.

Note: The interview, if applicable, will take place at the EOHHS office at 100 Hancock Street, Quincy, MA, or on-site at the Bidder’s place of business.

6.5 Supplier Diversity Office (SDO) Programs

Pursuant to Executive Order 599, the Commonwealth supports the use of diverse and small businesses through the Small Business Purchasing Program (SBPP) and the Supplier Diversity Program (SDP). Based on the estimated value of the procurement, one of the above-mentioned programs shall be applicable to this RFR. For more information on the program that applies to this solicitation, please refer to Section 7.30.

6.6 Recommendation to Enter into Contract Negotiations

After the PMT completes its evaluation, comparison, and ranking of all proposals, and, if applicable, interview(s) and site visit(s), the PMT may recommend to the Assistant Secretary for MassHealth or their designee a Bidder with which to enter into Contract negotiations. The Assistant Secretary for MassHealth shall consider the PMT’s recommendation and the best interests of the Commonwealth. EOHHS is under no obligation to award a Contract pursuant to this RFR.

6.7 Best Value Selection and Negotiation

EOHHS may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of EOHHS. EOHHS may, in its sole discretion, negotiate with a selected Bidder any change in any element of Task Order performance or cost identified in the original RFQ or the selected Bidder’s response that results in lower costs or a more cost-effective or better value than was presented in the selected Bidder’s original response. The Task Order award shall be contingent upon successful negotiation of Task Order terms. Should EOHHS and any selected Bidder fail to reach an agreement on Task Order terms, EOHHS, in its sole discretion, may negotiate with and award a Task Order to any other Bidder it selects.

6.8 Non-Qualifying Proposals

1. Rejection of Responses

A Bidder’s response may be rejected at any time during the evaluation process if the Bidder:

1. Fails to demonstrate to the satisfaction of EOHHS that it meets all RFQ requirements;

2. Fails to satisfy all General Submission Instructions described in Section 5.1;

3. Fails to submit all required information and to otherwise comply with all requirements of the Business Response Requirements described in Section 5.3;

4. Fails to meet any Programmatic Response requirements described in Section 5.4;

5. Fails to submit a response organized in accordance with all instructions;

6. Fails to submit a response that is complete in all respects;

7. Receives a rating of “Poor” or “Non-Responsive” in the evaluation of one or more categories of the Bidder’s Programmatic Response;

8. Has any interest that may, in the sole determination of EOHHS, conflict with performance of services for the Commonwealth or is otherwise anti-competitive;

9. Fails to demonstrate to the satisfaction of EOHHS that it, and all subcontractors, are in sound financial condition;

10. Fails to cooperatively schedule interviews or site visits requested by EOHHS at a time, place, and manner satisfactory to EOHHS; or

11. Fails to reach an agreement with EOHHS on all Task Order terms, including but not limited to, reimbursement provisions.

Other Remedies

The PMT, in its sole discretion, may determine that non-compliance with any RFQ requirement is insubstantial. In such cases, the PMT may:

1. Seek clarification;

2. Allow the Bidder to make minor corrections;

3. Apply appropriate penalties in the evaluation; or

4. Utilize any other remedial action EOHHS deems appropriate.

Section 7: RFQ Information

Issuing Office:

Executive Office of Health and Human Services Office of Medicaid One Ashburton Place, 11th Floor Boston, MA 02108

7.1 Requirements of 801 CMR 21.00

The terms of 801 CMR 21.00, Procurement of Commodities and Services, are incorporated by reference into this RFQ. Words used in this RFQ have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFQ. Other terms not defined elsewhere in this document may be defined in the Operational Services Division’s (OSD’s) Glossary of Terms. Unless otherwise specified in this RFQ, 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 RFQ.

7.2 Commonwealth of Massachusetts Standard Contract Form and Commonwealth Terms and Conditions

Any Bidder selected as the Contractor shall agree to and abide by the terms of the Commonwealth of Massachusetts Standard Contract Form and Commonwealth Terms and Conditions (See Section 5.3.B.5). EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder suggestion or requirement altering these documents will be disregarded.

7.3 COMMBUYS Market Center

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

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

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

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

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

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

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFQ, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

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

Multiple Quotes. Bidders may not submit Multiple Quotes in response to this RFQ. If a Bidder submits multiple quotes in response to this RFQ, only the latest dated quote submitted prior to the bid opening date will be evaluated.

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

7.4 Bidder Communications

A. Bidders are prohibited from communicating directly with any employee of EOHHS or any member of the PMT regarding this RFQ, except as specified in this RFQ, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ. Bidders may contact the contact person for this RFQ in the event this RFQ is incomplete or the Bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

EOHHS’s Contact Person for this RFR is:

Bessie DiDomenica, Procurement Coordinator Office of the General Counsel Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 eohhs-procurement@mass.gov fax: (617) 573-1895

B. Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

It is the responsibility of the prospective Bidder and awarded Contractor to keep current on COMMBUYS the e-mail address of the Bidder’s contact person and prospective Contract Manager, if awarded a Contract, and to monitor that e-mail 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.

C. Reasonable Accommodation

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFQ information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement that describes the Bidder’s disability and the requested accommodation to the contact person for the RFQ. Although entities of EOHHS will make all reasonable efforts to accommodate the requests of bidders with disabilities, EOHHS reserves the right to reject unreasonable requests.

D. RFQ Copies

Bidders should download all RFQ documents from COMMBUYS. No paper copies of the RFQ or any of its components will be supplied. If a Bidder is having trouble obtaining any required attachments electronically through COMMBUYS, the Bidder should contact the OSD Help Desk at OSDHelpDesk@state.ma.us or call the Help Desk during normal business hours (8am-5pm ET Monday-Friday) at 1-888-627-8283 or 617-720-3197.

7.5 RFQ Questions

Bidders may submit written questions concerning this RFQ until no later than the date specified in Section 8 of this RFQ. Written questions must be sent to the RFQ Contact Person at the email address listed in Section 7.4. The Bid Q&A functionality in COMMBUYS will not be used for this RFQ.

Questions received after the deadline may be disregarded. EOHHS will review questions received before the deadline and at its discretion prepare written responses to questions which EOHHS determines to be of general interest. Any written responses will be posted on COMMBUYS. Only written responses will be binding on EOHHS.

7.6 Amendment or Withdrawal of RFQ

If EOHHS decides to amend or clarify any part of this RFQ, any written amendment will be posted on COMMBUYS. EOHHS reserves the right to amend the RFQ at any time prior to the deadline for submission of responses and to terminate this procurement in whole or in part at any time.

7.7 Costs

Costs which are not specifically identified in the Bidder’s response, and accepted by EOHHS as part of a Contract, will not be compensated under any Contract awarded pursuant to this RFQ. The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFQ.

7.8 Closing Date

Responses received after the response due date and time specified in Section 8 of this RFQ will be rejected. Individual requests for extension of the time for submitting responses will be denied. All responses become the property of the Commonwealth of Massachusetts.

7.9 Acceptance of Response Content

The entire contents of the Bidder’s response shall be binding on the Bidder. The specifications and contents of a successful Bidder’s response may be incorporated into the Task Order.

7.10 Indemnity

Pursuant to the Commonwealth Terms and Conditions, Section 11 Indemnification, the term “other damages” shall include, but not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace, or seek cover (purchase of comparable substitute commodities and services) under a Task Order. “Other damages” shall not include damages to the Commonwealth as a result of third-party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the Task Order or as a third-party defendant. Further, the term “other damages” shall not include, and in no event shall the Contractor be liable for damages for the Commonwealth’s use of Contractor-provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the Task Order scope of work) that is the subject of the claim. Section 11 sets forth the Contractor’s entire liability under a Task Order. Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions.

7.11 Pricing

1. Federal Government Services Administration (GSA) or Veteran’s Administration Supply

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

Price Limitation (Most Favored Customer)

The Bidder must agree that no other customer of similar size and similar terms and conditions shall receive a lower price for the same commodity and service during the Task Order period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the Bidder must agree to provide current or historical pricing offered or negotiated with other governmental or private entities at any time during the Task Order period in the absence of proprietary information being part of such Task Orders.

7.12 Alterations

Bidders may not alter (manually or electronically) the RFQ language or any procurement component files, except as directed in the RFQ. Modifications to the body of the RFQ, specifications, terms and conditions, or any other alterations which change the intent of this solicitation are prohibited and may disqualify a response.

7.13 Public Records

All responses and related information submitted in response to this RFQ are public records and are subject to the Massachusetts Public Records Law, M.G.L. Chapter 66, § 10 and M.G.L. Chapter 4, § 7, subsection 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, will be disregarded.

7.14 Response Duration

The Bidder’s response shall remain in effect for 90 days from the date of quote submission or until any Task Order with the Bidder is executed.

7.15 Confidentiality

The successful Bidder must comply with all state and federal laws and regulations relating to confidentiality and privacy, including, but not limited to, rules and regulations of EOHHS. EOHHS may require specific written assurance and further agreements regarding the security and privacy of protected health information that are deemed necessary to implement and comply with standards under the Health Insurance Portability and Accountability act of 1996 (HIPAA) as implemented in 45 CRT, Parts 160, 162, and 164.

7.16 Incorporation of RFQ

This RFQ and all response documents submitted in response to it by a selected Bidder may, at EOHHS’s discretion, be incorporated by reference into any Task Order awarded as a result of this RFQ to that Bidder.

7.17 Key Personnel

The key personnel must be as designated in the Bidder’s Programmatic Response, including the Project Manager. If the Contractor substitutes another individual for any individual identified as key personnel in the Bidder’s Programmatic Response, the Contractor must notify EOHHS immediately and provide the name(s) of potential suitable replacement(s). Upon EOHHS’ request, the Contractor must provide EOHHS with a resume(s) of the proposed replacement(s). EOHHS reserves the right to interview the person(s). If EOHHS is not reasonably satisfied that the proposed replacement(s) has ability and experience comparable to the originally approved key personnel, EOHHS will notify the Contractor within ten Business Days after receiving the resume(s) and completing any interview(s). The Contractor must then propose another replacement for approval. This process must be repeated until EOHHS approves new key personnel.

7.18 Option of EOHHS to Modify Scope of Work

A. EOHHS reserves the right, at its sole discretion and at any time after release of the RFQ and during the Task Order term, to modify, increase, reduce, or terminate any requirements under the Task Order, including all attachments and appendices, whenever EOHHS deems necessary or reasonable to reflect any change in policy or program goals. In the event of a change in the scope of work for any Task Order tasks or portions thereof, EOHHS will provide written notice to the Contractor. EOHHS reserves the right to amend the Task Order accordingly, including payments under the Task Order. Such new initiatives could result in expended responsibilities.

B. The parties must negotiate in good faith to implement any such initiatives proposed by EOHHS. The Contractor’s responsibilities, including schedule, payment, staffing, space, and budgetary requirements shall be adjusted appropriately to accommodate the implementation of such initiatives.

7.19 Debriefing and Appeals

Upon notification of EOHHS’s award decision, any non-selected Bidder may make a written request for debriefing. Non-successful bidders aggrieved by the decision of EOHHS must participate in a debriefing as a prerequisite to an administrative appeal.

A debriefing meeting provides the Bidder an opportunity to discuss the evaluation of its response, identify any weak areas and suggest improvements for future procurements. A request for debriefing must be received by EOHHS’s RFQ Contact Person at the address specified under Section 5.4 within fourteen (14) calendar days after the postmark of EOHHS’s award decision notification to the Bidder. Debriefing meetings shall be held at the discretion of EOHHS.

7.20 Authorization

Any Task Order awarded under this RFQ is subject to all necessary federal and state approvals, including but not limited to, the Centers for Medicare & Medicaid Services (CMS), the Office of the Comptroller, and, where applicable, the Massachusetts Office of the Attorney General.

7.21 Subcontracting Policies

Prior approval of EOHHS is required for any subcontracted service of the Task Order resulting from this RFQ. The Contractor is responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as the Contractor.

7.22 HIPAA: Business Associate Contractual Obligations

Bidder acknowledges that they will be a Business Associate, as defined in 45 CFR 160.103, with respect to the services performed under the Task Order and must comply with the terms set form in Attachment F: Data Management and Confidentiality Agreement (“DMCA”).

7.23 Environmental Response Submission Compliance

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses to this RFQ should comply with the following guidelines:

A. All copies should be printed double-sided, unless otherwise stated.

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

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

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

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

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

7.24 Restriction on the Use of the Commonwealth Seal and MassHealth Logo

Bidders and Contractors are not allowed to display the Commonwealth of Massachusetts Seal or the MassHealth Logo in their bid package or subsequent marketing materials if they are awarded a Task Order because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

7.25 Contract Expansion

If additional funds become available during the contract duration period, EOHHS reserves the right to increase the maximum obligation to the Task Order executed as a result of this RFQ or to execute task orders with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

7.26 Insurance

The Contractor shall maintain at the Contractor’s expense, and shall ensure that any of its teaming partners and significant subcontractors maintain at their expense, all insurance required by law for their employees, including worker’s compensation and unemployment compensation, and shall provide EOHHS with certification of same upon request. In addition, the Contractor and any of its teaming partners and significant subcontractors shall provide comprehensive employer-sponsored health insurance on both an individual and family basis for all their full-time and part-time employees performing work on any Contract or subcontract resulting from this RFQ. The Contractor and its teaming partners and significant subcontractors shall contribute at least 50% of the premium cost of this health insurance for full-time employees and a pro-rated share of the premium cost for part-time employees. For example, for a part-time employee who works .60 of a full-time schedule, the employer shall contribute at least 30% (50% x .60) of the premium cost.

7.27 Prompt Payment Discount (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 vendors and the Commonwealth. Vendors 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 vendors 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 Selected Bidder Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their Response, unless otherwise specified by the Evaluation Team. The Evaluation Team 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 Evaluation Team 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.

7.28 Electronic Funds Transfer

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 Vendors and the Commonwealth because it ensures fast, safe and reliable payment directly to vendors and saves both parties the cost of processing checks. Vendors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system.

The selected Bidder, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Electronic Funds Transfer (EFT) Authorization Agreement, provided by EOHHS at that time, for review, approval, and forwarding to the Office of the Comptroller. If the Bidder is already enrolled in the program, it may so indicate in its Response. Because the Electronic Funds Transfer (EFT) Authorization Agreement contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

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

7.29 Byrd Anti-Lobbying Amendment

If a Contractor receives $100,000 or more of federal funds through a contract, by signing that contract it certifies it has not and will not use federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. A Contractor shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.

7.30 Supplier Diversity Program (SDP)

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create…