RFR_17_106_Cascade_CMS_Hosting_final.docx

MASSACHUSETTS BOARD

OF

LIBRARY COMMISSIONERS

REQUEST FOR RESPONSES

RFR 17-106

Hosted Cascade CMS & MBLC Server Hosting

Massachusetts Board of Library Commissioners 98 North Washington St., Boston, MA 02114 617-725-1860 1-800-952-7403 617-725-0140 (fax) mass.gov/mblc

TABLE OF CONTENTS

1.0 Description / Purpose of This Procurement

Purpose of This Procurement This Request for Responses seeks to identify a bidder to provide a hosted instance of the Cascade Content Management System (CMS) while hosting and supporting the Massachusetts Board of Library Commissioners (MBLC) web/database servers. The successful bidder will have significant experience with Cascade CMS. The bidder will provide all required services, excellent technical support, as well as guidance to Massachusetts Board of Library Commissioners staff to improve and make more efficient the MBLC web publishing environment, improve usability, navigability, and integration of content. The bidder of choice will have expertise in all MBLC Website technologies currently deployed, and will be able to investigate, recommend, and implement new Web applications in a cost-effective and timely fashion.

Authority The Massachusetts Board of Library Commissioners is The Agency of state government charged with the responsibility to maintain and improve library services for the people of Massachusetts. This authority is defined in Chapter 78 of the Massachusetts General Laws. Section 19L of Chapter 78 as amended by Chapter 85 of the Acts of 1994 provides:

The board of library commissioners shall, subject to appropriation, establish and administer a program for the purposes of providing funds for a Massachusetts library and information network. Grants and contracts awarded under this section shall be awarded for, but not limited to, purchase of computer equipment and software, acquisition of telecommunications equipment, development of information and referral services, and training. The board shall establish minimum requirements to be met by all applicants under this program.

Background The Massachusetts Board of Library Commissioners Websites organize and provide easy access to library resources in the Commonwealth.

Domain Names The MBLC Agency Website can be found at: mass.gov/mblc, mblc.state.ma.us, mlin.lib.ma.us. The consumer portal site can be found at: mass.gov/libraries or libraries.state.ma.us. The mass.gov domain is maintained by the Commonwealth of Massachusetts for all state agencies. Via agreement, the mass.gov/mblc and mass.gov/libraries URLs automatically redirect to the mblc.state.ma.us and libraries.state.ma.us domains respectively. Though the MBLC still maintains the older domain name mlin.lib.ma.us, it has been deprecated for a number of years.

History of the MBLC Websites The MBLC Agency Website went live in the fall of 1995. Up until 2003, it was called the “Massachusetts Library and Information Network” (MLIN). The site was redesigned 2003 and moved to Hannon Hill’s Cascade CMS in 2007. Mass.gov/mblc was been completely redesigned during 2016 and will go live in February, 2017. It is currently running on Cascade v. 7.12.5, but is expected to migrate to 8.x before the new contract begins.

The MBLC Libraries Portal at mass.gov/libraries was built in 2008. Since that time, MBLC has begun the process of migrating services of value to residents of the Commonwealth onto the Portal while leaving information and services of more value to the library stakeholder community (librarians, trustees, friends of libraries, legislators) on the Agency site, mass.gov/mblc.

Usage Statistics Usage statistics are derived from two sources Urchin (log file analysis) During calendar year 2016, web servers sent about 320 GB of data. During that same timeframe, the site served up approximately 23 million page views.

Google Analytics Google analytics tells a slightly different story. According to Google Analytics, the two websites served up 2.1 million page views. The discrepancy is partially explained by the fact that some MBLC pages do automatic redirects (as sort of proxy), which would not trigger the Google Analytics JavaScript code.

Platforms, System Software and Applications Platforms At the time of this procurement, MBLC maintains two physical servers, both owned by MBLC. Each physical server has multiple virtual hosts running on VMWare ESXi 5.0.

Primary Server:

Hosts four virtual servers: 1) the production web server running the mass.gov/mblc and mass.gov/libraries websites as well as a test-only website, 2) the production database server (LDAP, Postgres and MySQL), 3) the development web server, 4) the development database server.

Dell PowerEdge R620 CPU: 2 x Intel Xeon E5-2650 2.50GHz (6 cores each)

RAM: 24GB

Disk: 400GB usable Warranty details for your PowerEdge R620 Service Tag: DQPBQV1 Ship date: June 22, 2012 Country: United States 4 Hour On-Site Service June 23, 2013 June 23, 2017 ProSupport June 22, 2012 June 23, 2017

Failover Servers Hosts two virtual servers: 1) the failover web server, and 2) the failover database server.

Dell PowerEdge R610 CPU: 2 x Intel Xeon E5520 2.27GHz (4 cores each)

RAM: 8GB

Disk: 270GB usable Warranty details for your PowerEdge R610 Service Tag: 362VTK1 Ship date: August 26, 2009 Country: United States

The MBLC owns all equipment; these servers are portable to the bidder’s hosting facility. We expect that at least one, or possibly both, of these machines will be replaced during the course of this contract. Servers are purchased directly by MBLC, and should not be included on the cost proposal.

The MBLC also invites alternative cost-effective ways to provide failover service for its primary production systems. (see 7.3.8 Failover Service) Scope of Service The successful bidder will provide Cascade CMS service to manage the MBLC Agency web content as its own site. The bidder may be asked to undertake discrete Cascade develop projects to improve the MBLC website on a time and materials basis, while regular content updates will be handled by MBLC staff. Additional Cascade sites may be developed during the course of this contract.

The successful bidder will provide a safe and secure monitored environment for the MBLC servers, including robust, redundant Internet bandwidth, regular system monitoring and patching, firewall security, and backup. The bidder will provide secure server access to authorized MBLC staff from any location. The bidder will manage hardware support, and will replace servers, parts, or increase server capacity as necessary.

The successful bidder will provide –as needed— ancillary support, such as graphics, advisory services on site accessibility and structure, JavaScript, CSS, and other types of coding on an hourly rate.

As part of your response, provide details on its in-house capabilities vis-à-vis the various technologies currently in use on the MBLC hosts. Also, provide a rate-based fee schedule for ad hoc project support relating to services listed in Sections 7.2 Required Services: Hosted Cascade CMS Environment and 7.3 Required Services: Server Hosting and Maintenance.

The MBLC recognizes that as new services are added, new or upgraded hardware and software, increased telecommunications capacity may be required, and additional ongoing maintenance costs entailed. Such additional costs will be negotiated before new projects are undertaken.

Transition Support The bidder will be required to take steps to provide for a smooth transition of all MBLC web services, both at the outset and at the end of contractual relations with the Agency. Some MBLC web services are mission critical to Massachusetts libraries and residents; any downtime should be minimized.

2.0 Acquisition Method

2.1 Fee for Service

Cascade CMS Hosting, Web Server Hosting and System Management services are to be provided on a fee for service basis.

The overall Cascade CMS Hosting and Website maintenance contract, including security, environmental controls, backup, and bandwidth will be based on a monthly payment schedule. The contractor will quote other site development work on an hourly rate or per-project “not to exceed” cost.

License sharing agreements, whereby the MBLC may “sub-lease” a portion of service from the bidder, or share the cost of licenses with other clients of the bidder will be negotiated with the MBLC in advance, and charged to the MBLC as part of the ongoing maintenance portion of the contract.

2.2 Durable Commodities

Any hardware or additional software licenses purchased under this contract will belong to the MBLC. If you choose to purchase software licenses on which to run applications exclusively (i.e., not shared with another client), identify and justify these decisions in the narrative response to this RFR, and indicate in the separate cost proposal whether you intend to lease use to the MBLC for this project. Costs to the MBLC should be shown as an itemized part of the monthly maintenance fee.

At contract termination, all hardware, software, MBLC licenses, and documentation will be turned over to the MBLC.

"The Commonwealth is entitled to ownership and possession of all deliverables purchased or developed with State funds"

3.0 Single Contractor

The MBLC will contract with a single provider for all required services listed in the RFR. The contractor will be allowed to subcontract portions of the services, but will retain full responsibility for all work done by subcontractors.

The MBLC may require that the contractor work cooperatively with other contractors for supplementary services. The contractor will charge the MBLC an agreed amount based on either an hourly rate or on the overall project cost for such cooperative projects.

4.0 Single Department Contract

This RFR has not been written to be extensible to other Departments or Agencies of the Commonwealth. The RFR, and the contract derived from it, are for the sole use of the MBLC.

5.0 Anticipated Duration of Contract including Renewals

The anticipated duration of this contract is five years. An initial term of two years may be followed by three optional one year renewals.

July 2017 – June 2019

The MBLC makes no guarantee that any Commodities or Services will be purchased from any contract resulting from this RFR, or that funding will be available for all contract periods.

6.0 Anticipated Expenditures and Compensation Structures

6.1 Maximum Obligation

The maximum obligation for the contract period and all renewals will not exceed $420,000, of which $100,000 will be kept in reserve for any emergencies and ad hoc development work as determined by the Agency. The MBLC will look for the best value alternative and does not expect to completely exhaust its funds on this contract as currently specified.

If the MBLC decides to opt for a contract renewal at the beginning of years three, four and five, the contract renewal amount may be renegotiated based on anticipated service delivery for the renewal period.

Federal LSTA funds may be used for this contract.

7.0 Performance and Contract Specifications

7.1 Qualifications

Respond to each numbered subsection of Qualifications. (See Section 8, Form of the Response)

7.1.1 Business History and Mission

Provide a brief narrative of your business history and the focus of your mission as it relates to this procurement.

7.1.2 Business References

Provide at least three references that the MBLC may contact for evaluation of your competence and reliability. If possible, references should be from companies of a similar size and with similar technical requirements as this project. If any Commonwealth agency is an existing customer, it must be identified.

7.1.3 Financial Statements

Provide a financial statement for the most recent fiscal year available. Demonstrate that your company is in sound financial condition or that appropriate corrective action is being taken to resolve all identified financial problems.

7.1.4 Contract or Project Manager

Identify a project manager from your staff to take responsibility for all MBLC Website projects. This project manager will coordinate activities at the contractor site, will act as a communications channel with developers, technical and systems support staff and will ensure that work is completed in a timely manner and according to agreed-upon specifications. The project manager will be the main point of contact with MBLC staff. Include the résumé of the project manager with your response.

7.1.5 Technical Contact

Identify a lead technical contact responsible for all system-related tasks, including server and network maintenance. Include the résumé of the project manager with your response.

7.1.6 Other Key Personnel

Provide a statement concerning the relevant experience of the staff that will be employed in supporting the MBLC Website. Include résumés of key personnel.

7.1.7 Identification of Subcontractors

Identify all subcontractors that will be involved in developing and maintaining the MBLC Website under this contract. Provide a copy of any supporting documentation, verifying that the subcontractor is in good standing.

If the use of subcontractors is anticipated, bidders are encouraged to submit responses that incorporate the use of Minority and Women Business Enterprise subcontractors.

7.1.8 Administrative and Host Facilities

Provide the location of your administrative offices and the location where the MBLC servers will be hosted.

7.1.9 Cascade Licensing - Hannon Hill

Describe your relationship with Hannon Hill, the publisher of Cascade CMS.

7.1.10 Cascade CMS Experience

Describe your experience developing web sites under Cascade and maintaining a hosted Cascade environment. Demonstrate the depth of your understanding by providing examples of your work from recent client websites that include such elements as: dynamic elements, data definitions, module and plug-in integration, index blocks, complex configuration sets and other Cascade assets.

Discuss your experience integrating server-side scripting languages (e.g., PHP), JavaScript, and other prevalent web scripting languages into Cascade solutions.

7.1.11 Hosting and Connectivity

Briefly describe your hosting facility and experience hosting servers. You will provide your standard SLA elsewhere (8.2.4 Service Level Agreement).

7.1.12 Regular and Off-Hours Service Coverage

Indicate your regular hours of operation and service coverage. Describe your off-hours service offerings for upgrades, migrations and special projects as well as 24x7 emergency coverage.

7.1.13 Technical Help Desk

Describe your technical help desk service. This may involve a formal help desk ticketing system (preferred) or technical and emergency technical contacts with special email addresses and phone numbers or both. If not already given in your indicate the turnaround time for technical help desk tickets.

7.2 Required Services: Cascade CMS Environment

Respond to each numbered subsection of Required Services: Hosted Cascade CMS Environment, describing how you will provide each required service (see 8.0 Instructions for Submission of Responses for the Form of Response).

7.2.1 The Cascade Server “Server”

Describe your Cascade Publishing environment is set up, and how your Cascade server would publish to our web servers. Include benchmark data on publishing capacity (speed) and the version of Cascade currently being made available to your customers.

7.2.2 Cascade CMS Commitment

Confirm your intent to support Cascade CMS for the duration of this contract (up to five years).

7.2.3 Site Migration

MBLC will provide the successful bidder a Cascade “site” container of our current Website. Discuss how you will migrate our site to your instance of Cascade. What will you require and what will be required by MBLC staff? Describe how users, roles, permissions, and workflows will migrate. Describe any Cascade back-end administrative functions to which MBLC administrative staff will not have access.

7.2.4 Cascade Upgrades

You will provide and maintain an up-to-date version of Cascade Server for the MBLC Websites. Describe how you support customers through a CMS upgrade. What sorts of communications take place? How much warning do you provide? How do you introduce your customers to new features, or migrate away from deprecated features.

7.2.5 Cascade Support

How do you package Cascade CMS support options? What types of requests fall under regular maintenance? Provide hourly pricing schedules for Cascade development work and support that fall outside of regular maintenance and customer service in the attached Cost Proposal (see 8.2 Cost Proposal).

7.2.6 Cascade Troubleshooting

Describe how you will respond to MBLC problem reports regarding the Cascade Server, the publishing environment, and transports/destinations (e.g. SMB/NMB) ceases to functioning correctly?

7.2.7 Licensing, User Accounts and Roles

Cascade licensing costs for MBLC shall be detailed in the Cost Proposal (see 8.2 Cost Proposal).

Please describe your customer licensing model here.

7.2.8 Publish Content to MBLC servers

Currently, Cascade CMS content is published to MBLC servers via a Samba share. Discuss any software, operating system, or other configuration changes necessary to make the CMS publish to the MBLC Web servers cleanly in your environment.

7.2.9 User Manuals / Training Aids

Describe training materials that are provided for your customers’ use of Cascade. Provide samples or URLs to online training materials.

7.2.10 Response Time for Cascade

Describe the typical response times for completing transactions, such as submitting assets to a workflow, saving drafts, and publishing from the CMS to the web server. What is the source of the response time data? How are those response times calculated?

7.2.11 Portability of MBLC Site

How can the MBLC Website(s) be exported from your hosted Cascade CMS Site should the Agency move to another contractor or another CMS in the future. What help will you provide?

7.3 Required Services: Server Hosting and Maintenance

Please respond to each numbered subsection of Required Services: Server Hosting and Maintenance, describing how you will provide the required services. (See 8.0 Instructions for Submission of Responses for the Form of Response)

7.3.1 Internet Connectivity

The MBLC Websites will be available over a high-bandwidth data line 24 hours per day, 365 days per year. The Websites will experience minimal to no downtime due to connectivity failures. Describe here if not covered in your SLA (8.2.4 Service Level Agreement).

7.3.2 Server Hosting and Maintenance

MBLC servers will be housed in a climate-controlled, physically secure location, supported by backup power supplies, network monitoring, 24x7 emergency support, and robust, redundant links to the Internet. The successful bidder will provide for expedited parts replacement if server hardware fails. Describe your capabilities here if not covered in your SLA (8.2.4 Service Level Agreement).

7.3.3 Server Hardware Contract Maintenance

You will ensure that there are hardware maintenance contracts in place for MBLC servers throughout the life of the contract stemming from this RFR.

7.3.4 VMware Support

You will manage, in cooperation with the current MBLC hosting provider, to ensure that VMware licensing is re-assigned as part of the transition. You will be responsible for VMware licensing, until such time that MBLC takes responsibility. VMware licensing costs should be detailed in the attached Cost Proposal (see 8.2 Cost Proposal).

7.3.5 Server Security and Patching

Describe how you will keep the MBLC servers patched and up-to-date. Describe when any downtime might be required[footnoteRef:1]. [1: MBLC staff currently do most standard Debian Linux package maintenance, with the exception of when a reboot is required. MBLC does not do major OS upgrades (such as from Debian Wheezy to Jessie), which have been handled on a time and materials basis as a separate project.]

7.3.6 Network Security and Firewall Protection

What services would you provide to protect MBLC servers against Internet attacks, including hardware and/or firewall services.

7.3.7 Backup and Restore

You will implement a regular backup schedule for of all critical Agency files, including all content files. No more than one day's worth of file modifications should be lost in the case of a hardware or software catastrophe. Describe how you will provide for rapid recovery of all files in the case of such failure.

7.3.8 Failover Service

You will provide a mechanism to bring up a failover web and/or failover database server in case of hardware failures on our primary servers so that Massachusetts libraries and residents will have as little interruption in service as possible.

7.3.9 Domain Name Registration and Maintenance

Because “state.ma.us” domains are managed by the Commonwealth of Massachusetts’ Information Technology department (MassIT), you will be required to help MBLC coordinate assignment of the mblc.state.ma.us and libraries.state.ma.us domains to new IP addresses with MassIT[footnoteRef:2]. Similarly, records related to mail and our mailing lists may require similar coordination (mx, spf, dkim, dmarc). [2: The subdomains “answers.mblc.state.ma.us” and “guides.mblc.state.ma.us” are cnames pointing to servers provided by Springshare.

The mlin.lib.ma.us domain name is an old domain no longer in active use, but still maintained by MBLC. Include any associated fees in the cost proposal for the mlin.lib.ma.us domain.

Please acknowledge your ability to facility DNS and related issues.

7.3.10 Subdomains

You will create and maintain any necessary subdomains for MBLC to run production and test virtual web hosts. For example, MBLC might have:

7.3.11 Spam and Virus Protection

You will provide protection against malicious Internet threats (malware) and other forms of disruption (e.g. denial of service attacks). You will provide a spam firewall to protect MBLC server user accounts (only two or three for administrators) and the MBLC Sympa[footnoteRef:3] mailing lists used by several thousand subscribers. [3: http://www.sympa.org/]

Will MBLC staff have direct access to the spam firewall to troubleshoot, approve and/or whitelist quarantined messages?

7.3.12 Mail Transport

The MBLC Web Server runs Postfix as its MTA. Though services are currently stable, MBLC staff does not have deep in-house skills with mail service. Describe your experience with postfix and similar MTAs and how you can support ongoing mail transport to and from MBLC servers should help be needed.

7.3.13 Secure Access for MBLC Administrators

You will allow direct shell access to the MBLC servers by MBLC administrators from work (static IP addresses). You will provide mechanisms that allow MBLC administrators access from home via VPN.

7.3.14 Statistical Reporting and Link Reports

Describe the website usage reporting[footnoteRef:4] and link-checking tools that you make available to your customers. [4: MBLC currently uses both log-based statistical reporting (Urchin 5.7) provided by our current host but deprecated, and our own Google Analytics account.]

8.0 Instructions for Submission of Responses

Responses must be submitted via COMMBUYS (http://www.commbuys.com/) by 3:00 pm, April 3, 2017.

Form of the Response Responses will be divided into two main parts: Proposal, and a separate Cost Proposal. The Cost Proposal should be submitted as a separate document.

8.1 Proposal

The Proposal must include the following three sections:

8.1.1 Narrative

Provide an initial narrative response to the scope of services, showing how you intend to support the MBLC Cascade Site and MBLC servers. Provide a short discussion of the technical and advisory resources that you have relative to the types of web services offered by the MBLC.

This section must include how you intend to migrate the existing servers to their new location and cut over services with as little disruption as possible. Provide an overview of any ancillary migration issues.

You may include any additional material as appendices to your proposal showing why you are peculiarly suited to be awarded this contract.

8.1.2 Qualifications

A section describing in detail your qualifications to perform the duties enumerated in this RFR. You must individually address each of the sections in Qualifications (Section 7). Your response will use the same numbering scheme as in the RFR (e.g., 7.1.1, 7.1.2, 7.1.3). All qualifications must be addressed.

8.1.3 Required Services

A section describing in detail how you intend to meet each of the required services section of the RFR listed in Sections 7.2, Hosted Cascade CMS Environment and 7.3, Server Hosting and Maintenance. Your response will use the same numbering scheme as is laid out in the RFR (e.g., 7.2.1, 7.2.2, 7.2.3…, 7.3.1, 7.3.2). All required services must be addressed.

8.2 Cost Proposal

The Cost Proposal must be submitted separately.

8.2.1 Overall Costs based on Term of Contract

This contract is a two year contract. This term may be followed by three optional one year renewals for a total of five years. Please provide overall cost figures for the term of contract and each renewal.

July 2017 – June 2019

8.2.2 Costs by Service/Project

The Cost Proposal should categorize costs within each required service (Sections 7.2 and 7.3) One-time startup costs should be shown, followed by ongoing, maintenance costs for that service.

Be as detailed as necessary to clearly show us the components that have gone into the cost proposal. Please itemize costs such as, setup, programming, domain name registration, CMS licensing, telecommunications, hardware and software licensing and support costs for each of the required services.

8.2.3 Rate-Based Fee Schedule

For additional services that might arise during the course of the contract, quote the hourly rate (or rates) that you will charge to accomplish system modification requests, programming tasks, scripting, and hardware / software reconfiguration. These figures will serve as the basis for future negotiations for additional services that fall within the overall scope of this contract.

8.2.4 Service Level Agreement

Provide a Service Level Agreement (SLA) that includes performance guarantees, performance reporting, and penalties. The SLA should include: an availability guarantee (e.g., greater than 99.9% uptime), scheduled maintenance windows, remedy (credit for unscheduled downtime), exclusions (e.g., activity by the MBLC that causes downtime,) service response time and credit structure.

9.0 Deadline for Responses and Procurement Calendar

All Responses will be due no later than 3:00 pm, February 24, 2017. Responses received after this deadline will be automatically disqualified.

9.1 Inquiries

All bidders are invited to submit inquiries via COMMBUYS. Inquiries will be accepted until 3:00 PM on February 3, 2017. All inquiries with responses will be posted on COMMBUYS by February 8, 2017. Phone and email inquiries will not be accepted.

9.2 Procurement Calendar

All deadlines are Eastern Time

9.3 How Proposals Will Be Evaluated

All proposals will be evaluated by members of the MBLC Procurement Team.

The Committee will first evaluate responses given to the three sections of the Proposal: Narrative, Qualifications, and Required Services.

The following evaluation matrix will be used to "prequalify" bidders.

Bidders scoring on average less than 60 percent out of 100 on initial review will be disqualified from further consideration.

After submission and review of the technical proposals, the MBLC’s evaluation committee shall then open and evaluate each pricing proposal.

Finalists may be contacted for a one (1) hour interview during the week of February 27 through March 3. The selection of a bidder will be based on the integrated evaluation as amended or clarified by these interviews. Should more than one bidder have an identical highest rank, the recommendation shall go to the bidder who provides the best value alternative.

10.0 RFR Attachments/Required Specifications

The following attachments are required by the Commonwealth. Required forms must be submitted with your proposal as indicated below. You may also go to the COMMBUYS Vendor Information website Standard Documents section for all forms listed below:

10.1 RFR - Required Specifications

Revision Date: June 6, 2016 In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. 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 are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. 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.

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 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: 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:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

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 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.

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.

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: Tools and Resources for Implementation of Executive Order 509.

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. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST 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 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 or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal…