Request for Response_Expert Witness.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY & SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

Request for Response (RFR)

Document Title: Expert Witness Services

COMMBUYS Bid#: BD-24-1025-DOCFS-FISCM-98090

Agency Document Number: RFR # 24-DOC-1000 Expert Witness

Issue Date: March 8, 2024

TABLE OF CONTENTS

Table of Contents

1. RFR Introduction and General Description

1.1. Procurement Scope and Description

The Massachusetts Department of Correction (the “Department” / DOC) is soliciting Bidders for the acquisition of expert witness services. Expert witnesses are qualified contractors with professional subject matter expertise for the Department of Correction with a wide range of areas to include the rendering of independent opinions, policy reviews and recommendations, submission of legal testimony, consulting services, and the authoring of reports as requested. Expert witness services may be sought in areas within the policies, practices, and operations employed by the Department.

1.2. Applicable Procurement Law

This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3. Number of Awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC can select.

1.4. Adding Contractors after Initial Contract Award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

1.5. Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS). This is a Non-Statewide/Limited User Contract.

1.6. Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are:

Fee for Service/Rate Contract

1.7. Performance and Payment Time Frames Which Continue Beyond Duration of Contract All term or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements for services may be executed after the contract has expired.

1.8. Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Up to 3 Years

Total Maximum Contract Duration

7 Years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

1.9. Estimated Value

This is a rate contract. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $498,000.

2. Estimated Procurement Calendar

For Subsequent responses submissions will be evaluated upon receipt as this is rolling enrollment.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.1. Point of Contact

All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The Prime point of contact for this solicitation will be:

SST Leader Name: Katherine Brosnihan SST Leader Title: Contracts Specialist Email address: Katherine.A.Brosnihan@doc.state.ma.us

2.2. Questions and Answers Regarding the RFR

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by the Bidder by pressing the “Bid Q&A” tab for the RFR in COMMBUYS. Responses to requests for clarification or questions will be provided in writing and issued by the Strategic Sourcing Team Leader via COMMBUYS. In addition, the Department of Correction reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. Bidders are responsible for entering content suitable for public viewing since all the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable including information about the bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this bid. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.3. Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. 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 SST and 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.

3. Specifications Additional required terms appear in the Appendices to this RFR.

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking to establish a list of qualified contractors with professional subject matter expertise in a wide range of areas for expert witness services to include, but not be limited to, the rendering of independent opinions, policy reviews and recommendations, submission of legal testimony, consulting services, and the authoring of reports as requested. Expert witness services may be sought in any area within the policies, practices, and operations employed by the Department. Examples of expert witness services may include, but not be limited to, the areas of handwriting analysis, religious services court testimony, reviews of medical and mental health services, and forensic analysis of electronics. The intent of this RFR is to establish a list of qualified contractors with professional subject matter expertise to be utilized as expert witnesses as needed.

In this RFR the Department is also seeking to establish a list of qualified contractors who specialize in providing forensic analysis of electronics. This area of expertise is highly desirable. Preferred areas of specialty in forensic analysis include computers, cell phones, video and audio.

The contractor may from time to time be requested to enter a prison facility in order to fulfill its obligations under this contract.

The contractor may be requested to review Department records, policies, or procedures and to make recommendations for changes or improvements based on the application of the appropriate subject matter expertise of the contractor who is qualified by virtue of education, training and experience to make such judgments or draw such conclusions.

The contractor may be required to make court appearances and provide testimony in court.

The contractor may be required to be present and provide testimony at various administrative hearings/reviews as requested by the Department, (e.g. Commissioner Hearings, Civil Service Commission, Massachusetts Commission Against Discrimination, etc.).

The contractor may be a business or individual. For a business/organization, the Department will require prior approval of any individual or group proposed to provide services under this contract.

The Department reserves the right to request any contractor or independent consultant to conduct training for Department personnel in their area of expertise.

CONTRACTOR’S QUALIFICATIONS: The Contractor shall demonstrate the appropriate education, experience, licensing and certification to investigate the matter at issue and render an opinion. If expert witness testimony is required, the Contractor shall also provide full and complete documentation of prior qualification as an expert witness, specifying the cases and courts in which he/she was qualified as an expert witness and the parties upon whose behalf he/she testified as an expert witness.

Prior correctional research and consultant experience preferred. Strong consideration will be given to bilingual individuals or businesses/organizations Evidence of Expertise:

Bidders should provide evidence that they have the sufficient education, training, experience, and familiarity with the subject matter of their identified field of expertise. Such evidence should include the following:

· Education and Degrees (including academic institutions attended, dates of attendances, degrees received and academic honors)

· Training (including institution, dates and certifications received)

· Licensure (including jurisdiction and dates of licensure)

· Publications (including books, chapters, peer reviewed journals, other articles and book reviews)

· Experience (including institutions where employed and dates of employment)

· Academic Appointments (including institutions, position and appointment dates)

· Consultation (including clients and nature of work performed)

· Court testimony (including court, case, party represented, and nature of testimony)

· Other professional activities (including membership in organizations, task forces, professional boards, committees, etc.)

· Honors

· Professional Society Memberships (including offices held and dates)

If the scope of services includes the performance of services subject to licensing, certification or registration by the Commonwealth of Massachusetts (e.g., conducting clinical evaluations), the Contractor must demonstrate that he/she is licensed, certified or registered by the Commonwealth of Massachusetts as necessary to fulfill the requirements of this contract.

3.1. Compensation Structure/Pricing

The acquisition method(s) to acquire services from this Solicitation is Fee for Service/Rate Contract.

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

This contract will be a rate contract. Bidders responding to this RFR must complete and return a completed Rate Sheet, Attachment A. (The rates are defined in the categories listed below.) Vendors must also list, define, and quote a rate for any other categories for which reimbursement is sought in Attachment A.

The Department may request a written quote prior to the specified expert witness services requested. Any increase to the original anticipated costs must be reviewed and approved, in writing, by the Department before any additional services beyond the original quote are rendered.

The rates are to be all-inclusive, including all administrative and support services required to meet the specifications and scope of services of this Request for Response.

At a minimum, rates shall be defined as the categories listed below:

· Consultation/Conference/includes in person or on telephone

· Detailed Written Report

· Record/Policy Review

· Court Appearance (to include any formal or informal Court/Hearing/Deposition and any and all actual testimony provided)

· Other

The vendor’s cost of travel, lodging, food, or similar expense that may incur, must be preauthorized in writing from the appropriate Department designee prior to services being rendered. Additionally, The Department will NOT reimburse for any alcoholic beverages.The Department’s reimbursement rates will be based on U.S. General Services Administration (GSA) per diem rates. For more information on per diem reimbursement rates please visit: www.gsa.gov/travel/plan-book/per-diem-rates.

The Department is seeking firm fixed pricing for the first 3 years of this contract. Rate increases may be reviewed when exercising options to renew. Contractors seeking price adjustments (upon original contract expiration or renewal option expiration) must submit a request in writing to the SST Leader. All rate changes are subject to the approval of the Department.

All contracts will have an initial expiration date of years with 2 options to renew, up to 2 year for each option. All contracts will end on June 30, 2031.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

3.2. Supplier Diversity Program

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 by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE) Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners in the following two ways:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability:IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet their SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance After contract award, Contractors must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment To submit SDP spending reports using the Hub, Contractors must create a profile in the Hub. Contractors must follow report submission instructions from the issuing department and the SDO.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor's compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO, and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

3.3. Environmental Specifications

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

· All copies should be printed double sided.

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

· Unless necessary, all Responses and copies should minimize or eliminate the 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.

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

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

· Unnecessary samples, attachments, or documents not specifically requested should not be submitted

3.3.1. Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

4. Other Terms

4.1. Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case, shall the Department be charged for any additional expenses pertaining to these and similar situations.

Prison Rape Elimination Act (PREA) The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state, and local prisons, jails, police lockups, private facilities, and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of incarcerated individuals in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexual Harassment/ Abuse Response and Prevention Policy (SHARPP), and to report any sexually abusive behavior to the Department immediately. Incarcerated individual employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexual Harassment /Abuse Response and Prevention Policy (SHARPP).

The Contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including:

Prevention Planning: (1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of incarcerated individuals.

The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards and must achieve a 100% passing score on all PREA audits initiated by the Department, ACA, and/or any other entity.

Before hiring or promoting employees who may have contact with incarcerated individuals, the Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction.

4.2. Contractors Terms and Conditions

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

4.3. Reporting

Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.4. Contract Management

The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract.

4.5. Change Notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to effect the change.

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.6. Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

· Name and address of Contractor

· Telephone number, fax number, and e-mail contact address

· Date of invoice and date of delivery

· Name of Department contact person

· Prompt payment discount terms

· Valid Department of Correction Purchase Order number All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation, and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed, and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Delivery and Shipping All pricing is to include delivery & shipping to the ordering facility. Any request for extra delivery costs must be pre-approved by authorized DOC personnel. The Department will not be responsible for any additional charges including but not limited to; shipping, freight, delivery, handling, fuel or any other like charges to be paid by the users of this contract, without prior written authorization by authorized DOC personnel. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with the Department and the Commonwealth Terms & Conditions.

Any special packaging requirements will be outlined within the specifications. If any other shipping method is to be used, it must be preapproved in writing from the contract manager prior to shipping.

Prompt Pay Discounts Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax-Exempt form from the Department.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Prevailing Wage The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United States Department of Labor as applicable, and when required.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.7. Performance Measurement

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

· Respond to Department inquiries in the requested time frame Contractors are to attend meetings or appointments as agreed upon with the Department. Failure to attend meetings or appointments as agreed upon may result in termination of the contract.

· Available to review policies, procedures and records within the requested time frame Contractors are to review policies, procedures and records as agreed upon with the Department. Failure to review policies, procedures and records as agreed upon may result in termination of the contract.

· Reports are of professional quality, clear, concise and submitted in the requested time frame Reports are to be submitted within requested time frame of a review/evaluation. Failure to submit professional quality reports may result in termination of the contract.

· Services are performed within budget Invoicing for services rendered is within original anticipated budget, or subsequent approved budget, within 30 days of services performed. Failure to submit accurate and complete invoices may result in termination of the contract.

· Professionalism Contractors are to conduct themselves in a professional manner and in compliance with department standards. Failure of contractors to conduct themselves in a professional manner may result in termination of the contract.

4.8. Contract Amendments

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

4.9. Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

4.10. Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of Correction may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of Correction to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of Correction to Contractor, the Department of Correction shall have no further obligation to Contractor. The Department of Correction shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

4.11. Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

4.12. Insurance

The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred during performance.

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own. Eligible entities may incorporate additional insurance requirements in their Statement of Work for services under this contract.

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Worker’s Compensation Insurance When signing the Commonwealth Standard Contract Form, provided upon award of a contract, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

5. Audit During the term of this Agreement and for a period of six years thereafter, the DOC, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports, or files, to audit all records relating to goods sold or services performed pursuant to this Agreement.