RequestForResponse-Maintenance.doc

REQUEST FOR RESPONSE

MAINTENANCE REPAIR, PARTS AND EMERGENCY SERVICES

RFR # 7500-11-MASSCOR-MAINTENANCE

REQUEST FOR RESPONSE

MAINTENANCE REPAIR, PARTS AND EMERGENCY SERVICES

RFR # 7500-11-MASSCOR-MAINTENANCE

Purchasing Department:

Department of Correction - MassCor Address:

1 Industries Drive, Building A, PO Box 188

Norfolk MA 02056

Telephone Number:

508-850-1070 Fax Number:

508-850-1092 E-Mail:

Drayner@doc.state.ma.us RFR File Name/Title:

Maintenance, Repair, Parts and Emergency Services RFR File Number: 7500-11-MassCor-Maintenance

Procurement Contact Person:

Denise Raynor

Procurement Category:

Facility Maintenance and Repair

The following acronyms may be used throughout this RFR:

1. Description or Purpose of Procurement:

The purpose of this procurement is for MassCor Industries and the Department of Correction to procure and establish a list of pre-qualified contractors who are capable of performing various installation, repair and emergency services for the equipment that is used by Department of Correction in its inmate industries division. Although the main intent of this contract is for services, outright purchases will be allowed. Outright purchases will be negotiated as needed and will be determined necessary if not available on an existing statewide contract or is in the best interest of the department. This contract will support all the manufacturing sites of the MassCor Industries.

Selection of a contractor for needed service(s) will be left to the sole discretion of the MassCor. MassCor will select contractors from the pre-qualified list and enter into service agreements which represent the “best value” to the organization. When MassCor is in the process of determining which contractor to utilize, consideration will be given to factors such as availability of a contractor, prior performance, ability to complete the job during specified timelines, cost of the job, etc. No contractor awarded on the pre-qualified list is guaranteed a contract for services throughout the duration of this contract. A pre-qualified contractor will not be required to provide services outside their usual scope of work or service area. It is not expected that a bidder will be capable of performing all types of services, nor is it anticipated that most bidders will be able to service in all districts. For these reasons, the RFR has been structured to allow the bidder to state the type of work they perform and in what geographic district.

Throughout the life of the contract, the PMT, at its discretion, may add new contractors.

2. Acquisition Method:

Services provided through the pre-qualified contractor list will be acquired in a variety of different ways. The scope, complexity and estimated dollar value of a job may determine how the services will be procured. A department may contact several contractors to request an estimated quote and information on availability of the contractor. Specifications may be developed and mailed/faxed to contractor with a written proposal required to be considered for a job. Whenever possible, contractors may be asked to provide a quote on an hourly basis with an additional amount for supplies and materials or a total cost for the job. Certain circumstances may require site visits. All responses submitted by a bidder are binding on the bidder for 60 days following the date of submission and/or until such time as the bidder withdraws its response in writing. Although the main intent of this contract is for services, outright purchases will be allowed.

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

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

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

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

Single Department Procurement/Single Department User Contract

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

Initial Duration:

Up to 1 years Renewal Options:

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

April 2011

6. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement:

To Be Negotiated

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

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

7. Indicate Contract Performance and Business Specifications:

Where required by law, contractors must possess a valid license/registration to perform services in the Commonwealth of Massachusetts. A copy of any required license/registration must be submitted with the bidder’s response. Contractors will be required to forward copies to the PTL on an on-going basis as their licenses are renewed during the duration of this contract. Contractors will be required and will be responsible to have valid and applicable licenses during the full duration of this contract.

Contractors must have at least one (1) year of relevant experience in their particular trade(s) prior to responding to this RFR unless a waiver is granted by the PMT. Bidders with less than one year of experience must submit, with their response, a written request to be exempt from this requirement including a statement explaining why they should be exempt.

Any and all work performed throughout 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. Unless otherwise stated in specifications for a particular job, the contractor will supply all labor, equipment, materials, parts and supplies necessary to complete a service. Any material in the work to be used shall be new, unused, and of recent manufacture and may be tested and inspected at any time by the department. In the event that the use of used machinery and re-conditioned parts is required written approval must be received prior to installation by the Director of MassCor or their designee. The contractor will be responsible for securing any and all necessary permits required prior to commencing work on any job. The contractor will ensure that necessary permits have required sign-off signatures when the job is complete. Emergencies may require 24 hour, 7 day a week availability of a service. All state building permits should be approved and signed by the Department of Correction’s Director, Division of Resource Management.

In general, contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award based on their response to this RFR. Contractors will not be required to perform services that are outside their normal scope of practice. In addition, it is not expected or required that a contractor be able to perform in all districts of the Commonwealth.

Although the main intent of this contract is for services, outright purchases will be allowed. Outright purchases will be negotiated as needed and will be determined necessary if not available on an existing statewide contract or is in the best interest of the department. (cost, availability, etc)

Contractors must respond to a department, by phone, in a timely manner (within 24 hours) after receiving a service request call. A site visit must be scheduled in a reasonable time frame, which must be agreed upon by the requesting department. This should normally occur within 48 hours, but as needs and circumstances will vary, it is expected that a contractor will accommodate the needs of the department. All appointments made between a contractor and the department must be kept unless the department agrees to a change. Failure on a contractor’s part to keep appointments may result in termination of the contract. All quotes must be provided at no cost to the department. A service record must be attached to each machine.

Price Quote/Price List: Services provided through the pre-qualified contractor list will be acquired in a variety of different ways. The scope, complexity and estimated dollar value of a job may determine how the services will be procured. A department may contact several contractors to request an estimated quote and information on availability of the contractor. Specifications may be developed and mailed/faxed to contractor with a written proposal required to be considered for a job. Whenever possible, contractors may be asked to provide a quote on an hourly basis with an additional amount for supplies and materials or a total cost for the job. Certain circumstances may require site visits. All responses submitted by a bidder are binding on the bidder for 60 days following the date of submission and/or until such time as the bidder withdraws its response in writing. Although the main intent of this contract is for services, outright purchases will be allowed.

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

Delivery Requirements: Awarded contractors must deliver all goods within fifteen (15) Commonwealth business days after receipt of an order, unless otherwise agreed upon by the procuring department. The department reserves the right to reject items delivered late. Failure to deliver on time and quantities as ordered may be grounds for termination of the contract. The receipt of material in a timely manner is critical to MassCor’s daily operations.

All trucks must be unloaded at each designated delivery site according to prearranged specifications. Product delivery is to be made via the awarded contractor’s vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to the Commonwealth. If express delivery is requested by the department, only the additional expense of the express delivery (over normal delivery charge) may be charged to the department. Prior approval by the purchasing department is required and documentation of the charge must be provided with the invoice. Liability for product and delivery remains with the contractor until properly delivered and signed for by the purchasing department.

Only dedicated loads (no sleepers) are permitted within the Institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty. Contractors must not over ship, unless authorization is approved in writing from the Deputy Director of Administration and Finance or designee. Over shipments will be returned at the contractor’s expense.

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

Service Schedule (Dates and Times): All visits to facilities must be scheduled Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and time for deliveries and services. Contractors must ensure that any driver has already been pre-approved and cleared for each facility on their route. Contractors must be fully aware of the approved date and time schedules and must adhere to them. A prolonged waiting time will occur if the contractor does not adhere to these specific dates and /or times. Any expenses resulting from prolonged waiting times will not be charged to the DOC. The DOC will not process and is not responsible for any such expenses. In addition, there may be times when the contractor (at no fault of theirs) will not be let into the facility possibly due to security issues. When this occurs, the contractor may have to wait or may have to re-schedule the service. The contractor shall make every attempt to re-schedule within the same day, but only as accepted by the facility. In this case, the DOC will not be responsible for processing any payment for any expense incurred by the contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of the facility.

7.1 Fiscal Terms

Budget/Billing/Price Quote/Price List: This will be a Market Basket type contract and will be used as needed. Bidders will identify on their response page how they will base their contract pricing.

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

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

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

MSDS: When applicable, MSDS information must be included in bidder’s response. Also, MSDS will accompany applicable deliveries.

Partial Shipments: Although it is highly desirable that orders be shipped in their entirety, partial shipments will be allowed unless otherwise notified by requesting department.

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

Charges for Quotes: Charges for quotes will not be accepted as part of this contract. The department will not process and will not be responsible for any costs associated with quotes.

“Special Purchases” or “Bulk Orders”: The department reserves the right and is entitled to take advantage of “close-out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a contractor would offer to other comparable clients and that would be of “best value” to the department. In this case, the department reserves the right to negotiate said purchase with the contractor(s). In addition, the contractor may offer discounts for bulk (large) orders.

Out for Bid: Although it is intended that a contract will be executed under this RFR, the department reserves the right, when felt in the best interest of the Commonwealth, to place any service or commodity that is covered under this RFR/contract out for bid (RFR process). The department reserves the right to contract with the successful bidder of that RFR.

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

Funding Availability: This Contract is subject to available funding.

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

MassCor Headquarters

1 Industries Drive, Building A

P.O. Box 188

Norfolk MA 02056

Contractor invoices should include the following:

· Name, address, telephone and fax numbers of contractor

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

· Purchase order number

· Date of invoice and date of delivery or service

· Detailed breakdown of items delivered or service performed

· Name of department contact person

· Early payment discount terms

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

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

Prompt Payment Discounts (PPD): All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found under the Forms and Terms tab of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the PMT. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the PMT on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

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

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

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

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

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

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

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

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

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

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

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

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

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

7.2 Supplier Diversity Plan (SDP) Plan

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

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

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

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

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

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

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

7.3 Environmental Preferred Products

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

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

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

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

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

Product quality and/or

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

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

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

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

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

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

8.

Evaluation Criteria:

Contractors must submit responses that meet all the submission requirements of the RFR as defined in Section 9. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

The Department is looking for the “best value” response which provides the greatest quantity or services at the highest quality.

The purpose of this RFR is to establish a list of pre-qualified contractors from which we can readily obtain needed services in a cost-effective manner. Thus, the PMT intends to make awards to all contractors who demonstrate their qualifications as identified in the RFR and respond by the due date given above. The PMT will determine whether services provided by bidders are applicable to this RFR. Bidders may be restricted from providing certain services offered.

Bidders must include, with their response, all items listed on the checklist (Attachment B) of this RFR.

9 Instructions for Submission of Responses:

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

Required Forms

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

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

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

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

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

· Authorization for Electronic Payment Form is a required form. All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on Guidance for Vendors.

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

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

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

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

· Attachment A – Bidders’ Response Sheet (in the body of the RFR)

· Attachment B – Bidders’ Submission Sheet (in the body of the RFR)

· Attachment C – Bidders’ Statement of Qualification (in the body of the RFR) The above attachments are available on the “Forms & Terms” tab for this RFR on Comm-PASS.

An original of the response is to be submitted.

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

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

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

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

9.1 Deadline for Responses:

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

Deadline Date:

April 6, 2011 Deadline Time:

11:00 AM EST

TO:

Denise Raynor Deputy Director Administration and Finance MassCor Industries 1 Industries Drive Building A

PO Box 188

Norfolk, MA 02056

Written Questions must be received by:

March 9, 2011 by 2:00 PM

(By email or FAX attn.: Denise Raynor. It is the bidder’s responsibility to verify receipt of questions.)

It is the responsibility of the prospective bidder and awarded contractor to keep current the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

Written Responses released on or about:

March 16, 2011 (Written questions and responses will be posted on the internet.)

Best and Final Offer (BAFO)

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

9.2 Procurement Calendar

10. RFR Attachments/Required Specifications Department of Correction – Security Requirements

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

Delivery Requirements: Awarded contractors must deliver all goods within fifteen (15) Commonwealth business days after receipt of an order, unless otherwise agreed upon by the procuring department. The department reserves the right to reject items delivered late. Failure to deliver on time and quantities as ordered may be grounds for termination of the contract. The receipt of material in a timely manner is critical to MassCor’s daily operations.

All trucks must be unloaded at each designated delivery site according to prearranged specifications. Product delivery is to be made via the awarded contractor’s vehicles, common carrier or standard parcel carrier (similar to UPS) at no cost to the Commonwealth. If express delivery is requested by the department, only the additional expense of the express delivery (over normal delivery charge) may be charged to the department. Prior approval by the purchasing department is required and documentation of the charge must be provided with the invoice. Liability for product and delivery remains with the contractor until properly delivered and signed for by the purchasing department.

Only dedicated loads (no sleepers) are permitted within the Institutions, no other freight is allowed. All trucks are to enter with their delivery and return empty. Contractors must not over ship. Over shipments will be returned at the contractor’s expense.

Service Schedule (Dates and Times: All visits to facilities must be scheduled Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and time for deliveries and services. Contractors must ensure that any driver has already been pre-approved and cleared for each facility on their route. Contractors must be fully aware of the approved date and time schedules and must adhere to them. A prolonged waiting time will occur if the contractor does not adhere to these specific dates and /or times. Any expenses resulting from prolonged waiting times will not be charged to the DOC. The DOC will not process and is not responsible for any such expenses. In addition, there may be times when the contractor (at no fault of theirs) will not be let into the facility possibly due to security issues. When this occurs, the contractor may have to wait or may have to re-schedule the service. The contractor shall make every attempt to re-schedule within the same day, but only as accepted by the facility. In this case, the DOC will not be responsible for processing any payment for any expense incurred by the contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of the facility.

Emergency Situations Because this contract will service Department of Correction correctional institutions, contractors need to understand that emergency situations may occur which could prevent approved scheduled services to be performed or deliveries to be made. In these situations, the contractor may not be let into the institution(s) or on the property, which would prevent the contractor’s performance. The contractor will make every effort to return in a timely manner to perform such services or make delivery. Contractors may be locked in a facility and may not be able to exit in a timely manner. The department will not be charged for any expense which pertains to these and similar situations.

MassCor Headquarters

1 Industries Drive, Building A

P.O. Box 188

Norfolk MA 02056

REGION 1

Bay State Correctional Center, Norfolk

Bridgewater State Hospital, Bridgewater

Massachusetts Treatment Center, Bridgewater

Old Colony Correctional Center, Bridgewater

REGION 2

MCI Cedar Junction, Walpole

MCI Norfolk, Norfolk

Pondville Correctional Center, Norfolk

Mass Correctional Industries, Norfolk

REGION 3

MCI Concord, Concord

MCI Framingham, Framingham

Northeastern Correctional Center, West Concord

South Middlesex Correctional Center, Framingham

REGION 4

Boston Pre Release, Boston

REGION 5

MCI Shirley, Shirley

North Central Correctional Institution, Gardner

Souza-Baranowski Correctional Center, Shirley

REGION 6

MCI Plymouth, Plymouth

IN GENERAL

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

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

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

Supplier Diversity Plan (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state…