RFR 18-05-MCD Substitute Interpreter Referral Specialists Amendment 01.docx

RFR 18-05-MCD: Substitute Interpreter Referral Specialists (Multiple Positions, Rolling Enrollment) Amendment 01

Boston, MA 02111

617-740-1635 Voice

1. DESCRIPTION OR PURPOSE OF PROCUREMENT:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) seeks to develop a list of pre-qualified individuals to serve as auxiliary or substitute Interpreter Referral Service Specialists. These individuals will, on an as-needed basis, provide services to and/or on behalf of Deaf and hard of hearing clients and consumers to facilitate the provision of communication access through matching the requirements of the communication situation with the appropriate sign language interpreter or CART provider.

MCDHH is accepting applications from principals only. Third-party applications from employment agencies responding on behalf of a candidate will be discarded.

This bid (solicitation or RFR) falls under the Commonwealth’s Small Business Purchasing Program. Details may be found in Section 8 of this document. However, it should be noted that the regulation governing the management of MCDHH's Interpreter contract, 112 CMR 3.00, restricts participation in that contract to individuals and excludes participation by businesses. Therefore, this bid is functionally not open to Small Businesses.

MCDHH is an Equal Opportunity Employer. Individuals who are Deaf or Hard of Hearing are encouraged to apply.

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.

The purpose of Amendment 01 is to recognize that the classification of a working Substitute Interpreter Referral Specialist may be an Independent Contractor or may be a Contract Employee. Appropriate and accurate Internal Revenue Service SS-8 classification is contingent on MCDHH’s response to Question #1, “The individual is free from control and direction in connection with the performance of the service, both under his/her contract for the performance of service and in fact.” Section 11 contains elaboration.

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

This solicitation does not have a target maximum number of Contractors.

5. ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT:

Eligible Entities

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.

X

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. 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: MCDHH recognizes that this bid (solicitation or RFR) falls under the Commonwealth’s Small Business Purchasing Program based on dollar value. However, it should be noted that the regulation governing the management of MCDHH's Interpreter contract, 112 CMR 3.00, restricts participation in that contract to individuals and excludes participation by businesses. Therefore, this bid is functionally not open to Small Businesses.

9. 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.

10. 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.

11. CONTRACT PERFORMANCE AND SPECIFICATIONS:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) seeks to develop a list of pre-qualified individuals to function as auxiliary or Substitute Interpreter Referral Service Specialists. These individuals will provide services to and/or on behalf of Deaf and hard of hearing clients and consumers to facilitate the provision of communication access through matching the requirements of the communication situation with the appropriate sign language interpreter or other form of communication access such as CART services. MCDHH envisions hiring one or more Substitute Interpreter Referral Service Specialists in situations when Interpreter Referral Service Specialists are all unavailable, such as during off-site departmental or full agency meetings. MCDHH may also hire one or more Substitute Interpreter Referral Service Specialists to temporarily fill vacancies created by staff turnover while recruitment to fill the position is underway.

Responsibilities and Activities: The Substitute Interpreter Referral Service Specialist will:

· Respond to all incoming calls on MCDHH’s Emergency Interpreter Referral Service telephone line, including documenting the emergencies and arranging for appropriate interpreter services for each emergency

· Perform new request intake operations, eliciting and recording all necessary information for a complete interpreter request

· Assist interpreters encountering problems while performing jobs

In addition, the Substitute Interpreter Referral Service Specialist may:

· Perform all activities related to covering specific “books” or interpreter requests for specific geographic regions

· Perform related activities to support the operations of the Interpreter/CART Referral Service as required

Qualifications of Substitute Interpreter Referral Specialists: Prospective Substitute Interpreter Referral Service Specialists (Contractors) will have some or all of the following qualifications:

· Have experience with Deaf culture, American Sign Language (ASL) and sign language interpreting

· Possess theoretical and practical knowledge of the role of the interpreter and the Interpreter Code of Ethics

· Possess strong knowledge of ASL linguistics and be able to use this knowledge to appropriately match an interpreter to a Deaf consumer’s language needs

· Ability to advocate effectively on behalf of Deaf consumers and sign language interpreters on issues related to the Americans with Disabilities Act and the Commonwealth of Massachusetts Statewide Contract for Interpreters and Transliterators for the Deaf and Hard of Hearing (Contract MCD01 and successor documents)

· Possess a minimum of one year full-time or equivalent part-time experience working at a predominantly Deaf service agency

· Exhibit well-developed customer service skills, tactful and diplomatic communication, and patience with colleagues and customers

· Have strong experience working with multi-screen computer software systems

· Possess recent experience scheduling or coordinating jobs, assignments, or activities of individuals or groups in work or volunteer settings (strongly desired)

· Work experience as an MCDHH Substitute Interpreter/CART Referral Service Specialist (strongly desired)

· Work experience with another agency's or organization's or state's Interpreter Referral Service or equivalent (desired)

· Work experience as an interpreter in a range of situations and for a variety of consumers with different language needs (desired)

· RID certification or completion of an accredited Interpreter Training Program (desired)

Interview and Assessment of Training Needs: Qualified individuals will be invited to participate in an interview, in person or by telephone, with the Director of Communication Access Services or his/her designee. The interview is used to assess the individual's skill set and fit with the needs of the Interpreter/CART Referral Service. The interview is also used to determine additional training needs in the context of performance as a Substitute Interpreter Referral Service Substitute. MCDHH-provided training may cover the following topics:

· The role of MCDHH's Interpreter/CART Referral Service

· MCDHH Interpreter Referral Service procedures

· Customer Service protocol

· Advocacy techniques on behalf of consumers and interpreters

· Deaf culture

· The interpreting process

· The Interpreter Code of Ethics

· ASL linguistics as applied to matching interpreter skill with communication situation

· Use of MCDHH’s telephone equipment

· MCDHH’s telephone procedures

· Avianco, MCDHH’s Interpreter/CART Referral Service’s web-based scheduling and data management information system

Training: Training for Substitute Interpreter Referral Service Specialists typically is presented over a three-day period; specific individuals may require a shorter or a longer training period. Contractors will be compensated for training at 60% of their hourly Substitute Interpreter Referral Service Specialist rate. Individuals unable or unwilling to invest this amount of time in training are urged to reconsider applying for participation in this contract.

Compensation Structure: The compensation rate for Substitute Interpreter Referral Service Specialists is based on background and experience:

Undergraduate or Co-op student

$25.00 per hour

Undergraduate or Co-op student with significant ASL skill and/or knowledge of Deaf Culture

OR

Experience in any discipline with other knowledge / skills / experience / education relevant and applicable to activities of Referral Service

$20.00 to $30.00 per hour

Current student in an Interpreter Training Program

College student in any discipline with other knowledge / skills / experience / education relevant and applicable to activities of Referral Service

$25.00 to $35.00 per hour

Certified or screened interpreter

College graduate or graduate student in any discipline with other knowledge / skills / experience / education relevant and applicable to activities of Referral Service

OR

Job experience as a Dispatcher or experience with scheduling software or coordination

$30.00 to $40.00 per hour

Certified or screened interpreter with significant additional ASL skill and/or knowledge of Deaf Culture and/or other expertise relevant and applicable to activities of Referral Service

Post-baccalaureate degree in any discipline especially relevant to activities of Referral Service, and with other knowledge / skills / experience / education relevant and applicable to activities of Referral Service

$35.00 to $45.00 per hour

Conducting training, all or part of a day

Add $5.00 per hour for applicable hours

MCDHH reserves the right to adjust these rates from time to time during the ten-year term of this solicitation. Rate adjustments will be made by amendments to this RFR. Any rate adjustments will impact any and all contracts resulting from RFR 18-05-MCD in effect at the time of the adjustment(s).

If MCDHH needs the services of a Substitute Interpreter Referral Specialist for a period of greater than one week in length, MCDHH reserves the right to negotiate compensation rates for these services. “One week” is defined as Monday through Friday, 37.5 paid working hours per week, based on the Commonwealth of Massachusetts business day calendar for Suffolk County. Lunch, holidays, vacation time, sick time, other leave time, and office closure time is uncompensated.

When anticipating the need for the services of a Substitute Interpreter Referral Specialist for a period greater than one week, an authorized representative of MCDHH will begin negotiations with one or more qualified contractors. When mutual agreement of an acceptable hourly rate for the duration of the extended assignment has been attained, a Memorandum of Understanding shall be executed that includes start and end dates, hours per week, and compensation rate. By “assignment greater than one week” MCDHH means an assignment of regular and predictable schedule and of known duration that exceeds five Commonwealth of Massachusetts Suffolk County business days. The “regular and predictable schedule” need not be 37.5 hours per week.

Should MCDHH wish to use the services of that same Substitute Interpreter Referral Specialist for an additional period greater than one week, another negotiation shall be held, culminating in another Memorandum of Understanding.

The Contractor’s standard rate shall be used for all assignments of one week or less in duration and for lengthier assignments when no other negotiated agreement has been obtained.

Classification as Independent Contractor or Contract Employee: The introductory section of this document explains the need for this amendment as follows:

The purpose of Amendment 01 is to recognize that the classification of a working Substitute Interpreter Referral Specialist may be an Independent Contractor or may be a Contract Employee. Appropriate and accurate Internal Revenue Service SS-8 classification is contingent on MCDHH’s response to Question #1, “The individual is free from control and direction in connection with the performance of the service, both under his/her contract for the performance of service and in fact.” Section 11 contains elaboration.

The distinction is based on the individual’s work schedule; specifically, the degree to which the individual can exert control over his/her schedule. Several examples serve to illustrate the point:

· If the individual works intermittently, without a fixed schedule, and chooses the days s/he works, then classification as an Independent Contractor is most appropriate

· If the individual works on a long-term schedule, at a fixed schedule (specific days of the week or number of hours per week), then classification as a Contract Employee is most appropriate

Because classification as Independent Contractor or Contract Employee is situational and a function of the needs of the Interpreter / CART Referral Service in the context of the individual’s availability, it is very possible that for one assignment the individual will be classified as an Independent Contractor and for another s/he will be classified as a Contract Employee.

Classifications will be made with the advice and approval of MCDHH’s Chief Fiscal Officer / Deputy Commissioner for Administration and Finance.

12. APPLICATION PROCEDURE:

Interested individuals are invited to respond to this solicitation by submitting a quotation through the Commonwealth’s enterprise eProcurement system COMMBUYS.

Interested Bidders are invited to submit an application packet consisting of the following items:

· Letter of application which cites the Bidder’s interest in and qualifications for this contract

· A current resume

· Any other information that the Bidder deems relevant to the informed evaluation of the application

Bids lacking any of these components may be deemed non-responsive and may be excluded from further consideration by MCDHH.

Applications will be accepted on an ongoing basis through May 1, 2028.

In accordance with COMMBUYS policy, all responses to RFRs or solicitations (called “Bids”) must be done electronically (on-line) 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.

The UNSPSC code to use for this bid response is 80-16-15, Management Support Services

13. Required Forms:

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

14. 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.

15. COMMONWEALTH OF MASSACHUSETTS STANDARD RFR PROVISIONS:

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 in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

RFR 18-05-MCD SUBSTITUTE INTERPRETER REFERRAL SPECIALISTS AMENDMENT 01.DOCX - Page 1 of 13

RFR 18-05-MCD SUBSTITUTE INTERPRETER REFERRAL SPECIALISTS AMENDMENT 01.DOCX - Page 2 of 13