RFR 08-05-MCD SLPI Evaluators UPDATE FOR COMMBUYS 4124.docx

RFR 08-05-MCD: Interviewer/Raters for Sign Language Proficiency Interview (SLPI) Assessment Instrument – Multiple Positions

UPDATE FOR COMMBUYS

Boston, MA 02111

617-740-1635 Voice

UPDATE FOR COMMBUYS

1. DESCRIPTION OR PURPOSE OF PROCUREMENT:

Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) and the Massachusetts Department of Early and Secondary Education (DESE, formerly Department of Education or DOE) collaborates annually to improve the provision of educational and special education services for students in Massachusetts schools who are deaf or hard of hearing. One of the key annual projects is the use of the Sign Language Proficiency Interview (SLPI), a nationally recognized instrument to assess a person’s ability to use sign language. It is MCDHH’s intention to continue this project for the duration of DESE’s funding of its collaboration with our agency.

MCDHH is seeking to develop a list of pre-qualified individuals, total number up to twelve, to serve as SLPI Interviewer-Raters. To maintain this size roster of pre-qualified individuals, MCDHH will also periodically offer new candidate trainings.

The key tasks of SLPI Interviewers/Raters are to:

· Conduct interviews with candidates (the “Interview” component)

· Rate the interviews according to the established SLPI criteria and dimensions (the “Rater” component)

· Meet with the other team members and reach consensus on candidate scores on the established SLPI criteria and dimensions

· Write final reports on an equable, shared basis

Due to recent DESE regulation updates the SLPI has become part of licensure for teachers of the Deaf and Hard of Hearing. This enhancement has put upward pressure on the number of SLPI assessments the MCDHH Interviewers / Raters are called upon to do each year. Consequently, new and ongoing Interviewers / Raters may be asked to affirm a minimal time availability per month or per quarter. Performance details, contractor qualifications, and application procedure are contained in subsequent sections of this solicitation.

MCDHH welcomes applications from individuals (W-9 status “individual”). MCDHH also welcomes applications from single-person businesses (W-9 status “sole proprietor” or equivalent). Because a bidder’s SLPI assessment is a key component of his/her qualification for a contract under this RFR, conventional multi-person businesses are not eligible to apply for this RFR. Bids from third-party bidders such as employment agencies will be discarded.

This bid (solicitation or RFR) falls under the Commonwealth’s Small Business Purchasing Program. Details may be found in Section 9 of this document.

An Internal Revenue Service SS-8 test was performed and indicates that the individuals providing these services are appropriately characterized as Independent Contractors rather than Contract Employees.

2. APPLICABLE PROCUREMENT LAW:

3. ACQUISITION METHOD:

Outright purchase

Rental (not to exceed 6 months)

Term lease

Tax exempt lease purchase (TELP)

License

Other

4. SINGLE OR MULTIPLE CONTRACTOR:

Single Contractor

Multiple Contractors

X Multiple Contractors, added throughout the contract’s term on a “rolling enrollment” basis

The target maximum number of Contractors is twelve. The Purchasing Department (i.e., MCDHH) may award more or fewer contracts depending on applicant pool and other factors.

5. ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT:

Eligible Entities

X

Limited User Contract – Restricted to Use by Defined Entities Only.

Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

Limited User Contract – Restricted to Use by Issuing Entity Only.

6. ANTICIPATED DURATION OF CONTRACT AND ANY RENEWAL OPTIONS:

7. ANTICIPATED EXPENDITURES, FUNDING OR COMPENSATION FOR EXPECTED DURATION:

Estimated value of procurement: $150,000

8. CONTRACT PERFORMANCE AND SPECIFICATIONS:

The Sign Language Proficiency Interview (SLPI) is a nationally recognized instrument to assess a person’s ability to use sign language. The SLPI, briefly described in a supporting document uploaded to COMMBUYS and available from MCDHH upon request, involves the evaluation of candidates’ sign communication abilities by a panel of trained Interviewers/Raters.

MCDHH is seeking to develop a list of pre-qualified individuals up to a maximum of approximately twelve to serve as SLPI Interviewers/Raters. To maintain this size roster of pre-qualified individuals, MCDHH will also periodically offer new candidate trainings.

Scope of Services: The key tasks of SLPI Interviewers/Raters are to:

· Conduct interviews with candidates (the “Interview” component)

· Rate the interviews according to the established SLPI criteria and dimensions (the “Rater” component)

· Meet with the other team members and reach consensus on candidate scores on the established SLPI criteria and dimensions

· Write final reports on an equable, shared basis

Due to recent DESE regulation updates the SLPI has become part of licensure for teachers of the Deaf and Hard of Hearing. This enhancement has put upward pressure on the number of SLPI assessments the MCDHH Interviewers / Raters are called upon to do each year. Consequently, new and ongoing Interviewers / Raters may be asked to affirm a minimum time availability per month or per quarter. Performance details, contractor qualifications, and application procedure are contained in subsequent sections of this solicitation.

Maintaining the validity and reliability of ratings by an individual Interviewer / Rater and by the Interviewer / Rater team is key to the successful use of the SLPI. Research conducted by the developers of the SLPI demonstrated that the way to achieve this validity and reliability is for Interviewers / Raters to use the SLPI tool on a frequent basis. Applicants should therefore expect to be available 1-2 days per month throughout the calendar year.

It is MCDHH’s and DESE’s ultimate goal to hold SLPI assessments at different sites across the Commonwealth. Interviewer/Raters should have the flexibility and ability to convene at locations other than Boston. Difficulty traveling to sites within Massachusetts will not, in and of itself, exclude individuals from consideration; however, prospective applicants who anticipate in-state travel to be a potential problem should indicate so in his/her letter of application.

Interviewer/Rater Training: As noted above, MCDHH’s goal is to have a pre-qualified roster of six to twelve SLPI Interviewer/Raters available at all times. If MCDHH determines that the pool of individuals requires expansion, SLPI Interviewer/Rater training sessions will be offered. Individuals who have applied for Interviewer/Rater positions and not yet undergone training will have first option on training slots, followed by other qualified individuals. Additionally, SLPI Interviewers/Raters holding MCDHH contracts may be asked or required to undergo refresher training during the contract term at MCDHH’s discretion.

Employer Commitment: In recognition of our significant investment in training and the time commitment we are requesting, the applicant’s employer must provide a letter indicating support of the applicant’s participation in this program. For applicants engaged in classroom teaching, MCDHH will reimburse the employers for the cost of substitute teachers. A request for reimbursement must be made in writing at least two weeks in advance. For applicants in work situations other than classroom teaching, including those who are self-employed, MCDHH will make every effort to accommodate schedules. If missing paid work is unavoidable MCDHH will offer reimbursement for lost compensation when appropriate documentation is provided.

Commodities Being Procured: Contracts resulting from this solicitation will be used solely to procure services. The best fit UNSPSC commodity code for these services is 86-13-00, Specialized Education Services.

Fiscal Terms and Considerations:

Interviewer/Rater Compensation for Services Provided: There are several components to work as SLPI Interviewer/Raters:

· Conducting interviews with candidates in order to obtain a taped language sample – Interviewer/Raters will receive compensation at the rate of $100.00 per hour, paid to the next half hour

· Conducting evaluations and writing the evaluation report – Interviewer/Raters will receive compensation at the rate of $75.00 per hour, paid to the next half hour

· Conducting evaluations and ratings with volunteer candidates in order to reinforce training and validate team ratings – Interviewer/Raters will receive compensation at the rate of $50.00 per hour, paid to the next half hour

· Attending SLPI refresher training(s) – Interviewer/Raters will receive a stipend of $100.00 per day.

· Performing SLPI administrative / coordinator functions (optional; if applied for and accepted) - Interviewer/Rater(s) will receive compensation at the rate of $55.00 per hour, paid to the next half hour

MCDHH reserves the right to adjust the compensation rates paid to SLPI Interviewer/Raters and/or the size of the Interviewer/Rater pool if appropriate during the life of the contract including its renewal periods.

Interviewer/Rater Reimbursement for Travel-Related Costs: Interviewer/Raters will receive a mileage allowance at the Commonwealth rate ($0.45 per mile at this time) for travel to and from SLPI training and assessment sites using her/his personal vehicle. An Interviewer/Rater who uses a form of transportation other than driving his/her personal vehicle (e.g., commuter rail, bus, etc.) should submit receipts in order to be reimbursed for the actual cost of travel. An Interviewer/Rater carpooling with another Interviewer/Rater who submitted mileage for reimbursement may not also submit that same mileage for reimbursement. There is no compensation for time spent traveling (i.e., “travel time”). If the Interviewer/Rater lives more than two hours from the training or assessment site, he or she may request reimbursement for overnight accommodations. This request must be made in writing at least two weeks in advance of the scheduled training or assessment date.

Invoice Submission: Invoices for services and travel-related costs should be submitted to:

MCDHH

Accounts Payable Department 600 Washington Street Boston, MA 02111

Invoices should be submitted as soon as feasible after services are rendered. Invoices will be paid thirty (30) days after receipt of an invoice in compliance with MCDHH’s standards and policies.

Additional Information: All Interviewer/Raters who have not participated in a SLPI assessment prior to training must do so during the training. Participants must achieve a rating in the Advanced Plus to Superior Plus range to become an Interviewer/Rater. As emphasized by the developers of the SLPI, participation in a SLPI training workshop is a prerequisite, but not a guarantee, that the individual will become a SLPI Interviewer/Rater.

9. Small Business Purchasing Program:

Mandated Small Business Purchasing Program language: This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

MCDHH-specific language: For the purposes of this solicitation MCDHH is restricting responses to individuals and businesses and not third parties. Therefore the ‘subcontractor” clause in the above paragraph does not apply to this solicitation.

10. Supplier Diversity Program (SDP) Plan:

This solicitation is below $150,000 in estimated total value and therefore the Supplier Diversity Program Plan is not required.

11. Environmentally Preferable 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.

12. Evaluation Criteria:

Bidders (potential contractors) must submit responses that meet all the submission requirements of this RFR (see Section 13). A bid that meets all the submission requirements of this RFR is called a “Responsive Proposal.” Only Responsive Proposals will be evaluated, scored, and ranked by the members of the Evaluation Team according to the Evaluation Criteria.

The “Criterion or Characteristic” description in the left-hand column in the table, below, is a very brief summary of the Bidder Qualifications and Requirements. Bidders are referred to Section 13 for a fuller description of each Criterion and/or Characteristic.

All Responsive Proposals will be scored by members of the Evaluation Team as follows:

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

· 3 points – average; meets requirements

· 1 point – absent or not mentioned; does not meet requirements

13. Instructions for Submission of Responses:

Bidders must meet the qualifications MCDHH is setting forth for SLPI Interviewers / Raters and must also submit application packages that are complete in content and format (that is, make up a Responsive Proposal).

SLPI Interviewer/Rater Qualifications: As established by the developers of the SLPI instrument, all Interviewer/Raters must:

1. Be highly skilled signers. This skill level is generally indicated by a SLPI rating in the Advanced Plus to Superior Plus Skill Level Range. [Refer to Appendix II for definitions of skill levels.] For individuals who have not previously taken the SLPI, this skill level may also be indicated by:

a) Native signer (Deaf parents)

b) Attendance at a residential school for Deaf students

c) American Sign Language Teachers Association Certification (ASLTA)

d) Interpreter Certification at CI and CT, CDI/RSC, or NIC Advanced levels

e) Model of upper range of SLPI Rating Scale; that is, persons who comfortably communicate in sign language only and who are considered good models of American Sign Language (ASL) Fluency in American Sign Language does not in and of itself make an individual qualified to serve as a SLPI Interviewer / Rater. In addition to ASL skill, the fully-qualified individual must have a high level of linguistic training and knowledge and also be able to analyze and assess a candidate’s use of language – in this case, sign language – at a highly sophisticated level and to explain lucidly to others the basis of that assessment.

2. Have a positive and supportive attitude toward SLPI as part of an integrated ASL communication skills assessment/development program for staff

3. Be able to function in a professional manner as an SLPI Team Member, including maintenance of strict confidentiality relative to SLPI results

4. Possess well-developed skills of critical thinking and analysis, especially as applied to linguistic assessment of ASL communication

5. Be able to explain lucidly the rationale of linguistic assessments, decisions, and thought processes so that fellow team members can understand their basis readily and easily

6. Experience making decisions in a consensus mode and setting

7. Be able and willing to perform additional tasks as necessary and as directed,

8. [Optional] Experience and ability performing activities and tasks related to the administration of the SLPI Interviewing and Rating process such as scheduling, tabulating results, ensuring progress of work output, maintaining a positive work environment, and related team and task activities.

SLPI Interviewer/Rater Application Package: Interested individuals or single-person businesses are invited to submit an application package consisting of the following items:

· Letter of application which cites the individual’s interest in and qualifications for serving as a SLPI Interviewer/Rater; the letter should address the individual’s experience and/or skills in each of the above seven criteria, above. If the individual is interested in serving in an administrative/coordinating role for the SLPI Interviewer / Rater project, he/she should also respond to the eighth item.

· Documentation of the individual’s SLPI evaluation report, including score and date of assessment, if individual has taken the SLPI

· Current resume

· Letter of commitment from the applicant’s current employer, if applicable

· Names and contact information for at least two professional references whom MCDHH may contact at its discretion

· Any additional information, including but not limited to copies of teacher and professional certifications, that will support the Bidder’s qualifications as listed above

At the discretion of MCDHH, individual applicants who have not taken the SLPI may be asked to provide a videotaped sign language conversation with a skilled signer who is Deaf. This videotaped conversation will then be sent to the SLPI Trainers for review. Based on this review, SLPI Trainers may make recommendations relative to the individual’s participation in the SLPI Interviewer/Rater training workshop.

Bids lacking any of these components may be deemed non-responsive and may be excluded from further consideration by MCDHH 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 Bidder to make minor corrections to the submission.

One or more members of the Evaluation Team may contact one or more applicants in order to obtain amplification of information contained in the application package, obtain sample work product, request a personal interview, or other related information to assist in the assessment of the application materials.

In accordance with COMMBUYS policy, all responses to RFRs or solicitations (called “Bids”) must be done electronically through the COMMBUYS system. Further, individuals wishing to respond to Bids must first register as Vendors in COMMBUYS in order to respond to a bid.

To Locate This Bid on COMMBUYS: Follow MCDHH's "Responding to a Bid" guidance document.

To Register as a Vendor on COMMBUYS: Follow MCDHH's "Responding to a Bid" guidance document.

To Respond to This Bid on COMMBUYS: Jane Follow MCDHH's "Responding to a Bid" guidance document.

The UNSPSC code to use for this bid response is 86-13-00, Specialized Educational Services.

14. Required Forms:

Successful Bidders will be required to complete a number of Commonwealth forms.

15. Ongoing Contract and Contract Performance:

As noted in Section 1, the collaboration between MCDHH and DESE is funded by DESE. The continuity of the SLPI Interviewer / Rater project over the anticipated multi-year term of this solicitation is contingent on the continued availability of DESE’s fiscal support of this collaboration.

Additionally, MCDHH expects each individual awarded a SLPI Interviewer / Rater contract to maintain the qualifications that led to his / her being given a contract. Should the individual’s qualifications no longer be in evidence, MCDHH reserves the right to terminate the contract. A re-application will not be honored for at least a period of six months following the withdrawal of the contract.

16. ADDITIONAL INFORMATION – MCDHH-SPECIFIC TERMS:

a) The Bidder is responsible for any and all costs associated with the preparation of the RFR response.

b) All response submissions, regardless of whether a contract is ultimately awarded to a particular Bidder, become the property of the Massachusetts Commission for the Deaf and Hard of Hearing.

c) The Agency may, during response review or at any time prior to selection, cancel a Request for Response or reject any or all responses if the Agency determines that such action is in the best interest of the Commonwealth.

d) The Commission for the Deaf and Hard of Hearing and the Commonwealth of Massachusetts make no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

e) MCDHH reserves the right to renegotiate and adjust rates, performance terms, and/or performance measures at any time during the life of the statewide contract.

f) All materials developed by the winning Contractors under this contract such as hand-outs, outlines, mailing lists, workshop agenda, publicity notices, and other materials will remain the property of the Massachusetts Commission for the Deaf and Hard of Hearing.

g) The Massachusetts Commission for the Deaf and Hard of Hearing anticipates monitoring and evaluating the Contractor’s performance on an ongoing basis. Any contract resulting from this solicitation may be terminated at any time if the Contractor is unable to meet performance standards after given a reasonable opportunity to improve performance.

h) This Request for Response is developed in good faith based on needs known at the time of document preparation. Should additional information become available during the term of this contract suggesting the advisability of a different strategy and/or additional contract goals or performance benchmarks, MCDHH reserves the right to modify the contract accordingly, including adjusting the contract term, dates of performance, and/or contract maximum obligation.

17. COMMONWEALTH OF MASSACHUSETTS STANDARD RFR PROVISIONS:

Revision Date: January 12, 2015

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. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. 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.

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

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

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

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

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

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

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

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

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

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

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

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies. In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

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

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing. Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. Required for POS Only. Not applicable to non-POS bidders. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS 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 SST, including requests for clarification. The SST 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 SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. 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 MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

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

Environmental Response Submission Compliance. In the event that paper submissions are required and in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are 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/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable 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 which allows for easy removal and recycling of paper materials.

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

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

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

Filing Requirements. Required for POS Only. Not applicable to non-POS bidders. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

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.