RFR 19-05-MCD Substance Use Disorder Counselors for the Deaf.docx

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Substance Use Disorder (SUD) Counselors for the Deaf
Solicitation number
BD-19-1067-MCD01-MCD01-31560
Issued by
Suffolk County, Massachusetts

About this file

This document is a Request for Response (RFR) issued by the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) seeking to contract with several individuals at various stages in the Substance Use Disorder (SUD) Counselors for the Deaf career development trajectory. MCDHH is seeking one "Master / Mentor" SUD Counselor for the Deaf and two SUD Counselors for the Deaf at the "Trainee," "Certified," or "Certified / Licensed" levels to provide therapeutic support to Deaf individuals with substance use disorders. This is a rolling enrollment contract, so applications are accepted and reviewed throughout the contract term, which is expected to be from September 2018 through June 2028 with a five-year option to renew.

Compensation for the SUD Counselor positions ranges from $30 to $80 per hour depending on the level of experience. This procurement falls under the Commonwealth's Small Business Purchasing Program, and MCDHH is restricting responses to individuals and businesses, not third-party bidders. MCDHH anticipates monitoring and evaluating the contractor's performance on an ongoing basis, and the contract may be terminated if the contractor is unable to meet performance standards.

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RFR 19-05-MCD: Substance Use Disorder (SUD) Counselors For the Deaf (Multiple Positions, Rolling Enrollment)

Purchasing Department:
Massachusetts Commission for the Deaf and Hard of Hearing
Address:
600 Washington Street

Boston, MA 02111

Telephone #:
617-740-1600 Voice, 617-326-7546 Videophone
Fax #:
617-740-1830 Fax
Procurement Contact Person:
Jane Sokol Shulman

617-740-1635 Voice

E-Mail or Internet Address:
jane.sokol.shulman@state.ma.us
RFR File Name/Title:
Substance Use Disorder (SUD) Counselors for the Deaf (Multiple Positions, Rolling Enrollment)
RFR File Number:
RFR 19-05-MCD
COMMBUYS BID NUMBER:
BD-19-1067-MCD01-MCD01-31560
UNSPSC Group/Category:
85-10-16 - Healthcare Provider Support Persons
Bid Category:
Healthcare Services
Contract period:
This is a rolling enrollment contract so applications are accepted and reviewed throughout the contract term. Contracts are developed with qualified applicants based on availability of funding.

Earliest contract period is expected to be on or around September 1, 2018 through June 30, 2023 initial term with one five-year option to renew, for a total contract term of nearly ten years through June 30, 2028 contingent upon availability of funding and other factors.

Contract funding maximum obligation:
Not applicable; this is a rate contract.
Bid response due date and time:
Bid responses are accepted upon bid release through COMMBUYS and will continue to be accepted throughout the contract period including the renewal period, if exercised, through May 15, 2028.

1. DESCRIPTION OR PURPOSE OF PROCUREMENT:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) extended its long-term partnership with the Department of Public Health's (DPH) Bureau of Substance Abuse Services (BSAS) in 2015 by receiving funding from DPH to fund some of the programs and initiatives that had been under discussion between BSAS and MCDHH for a number of years. Key among them was the extension of the SBIRT model to individuals whose preferred mode of communication is American Sign Language (ASL). Inclusion of the SBIRT instrument was in addition to more traditional aspects of therapeutic support of Deaf individuals who have already been identified as having substance use issues in their journeys toward recovery in accordance with previous agreements between MCDHH and BSAS.

SBIRT (Screening, Brief Intervention, and Referral to Treatment) is an "evidence-based approach to the delivery of early intervention and treatment to people with substance use disorders and those at risk of developing those disorders."[footnoteRef:1] MCDHH oversaw the translation of the SBIRT questionnaire into linguistically-accurate and culturally-appropriate ASL and then contracted for the development of a DVD reflecting this translation. [1: http://www.samhsa.gov/sbirt]

The "Screening" and "Brief Intervention" components will be administered, in part, through MCDHH's statewide community-based contracted Deaf and Hard of Hearing Independent Living Services (DHILS) programs.

The need for linguistically-competent, culturally-appropriate therapeutic guidance for ASL-using Deaf individuals with Substance Use Disorders (SUD) is profound. Research indicates that a higher percentage of people in the Deaf community experience SUD, begin at earlier ages, and misuse their substance(s) of choice more severely. These facts combine to emphasize the value of (a) making available multiple Substance Use Disorder Counselors for the Deaf; and (b) presenting a career development path for these counselors if at all possible.

Through this bid (solicitation or Request for Response [RFR]), MCDHH seeks to contract with several individuals at various paths in the Substance Use Disorder (SUD) Counselors for the Deaf career development trajectory. At the outset of this program - August/September, 2018 - MCDHH is seeking one "Master / Mentor" SUD Counselor for the Deaf and two SUD Counselors for the Deaf at either the "Trainee," the "Certified," or the "Certified / Licensed" levels. Each of those levels is defined in the text of this document. Each, fluent in American Sign Language (ASL) and appropriately supervised, will perform the "Referral to Treatment" component noted above. This Request for Response document contains detailed information about the qualifications, application requirements, and evaluation process for the positions. Again, as noted above, the SBIRT activity is in addition to more traditional aspects of therapeutic support for Deaf individuals. These activities are also specified in this RFR.

MCDHH welcomes applications from individuals or businesses meeting the qualifications set forth in this document. 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 8 of this document.

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.

2. APPLICABLE PROCUREMENT LAW:

TYPE OF PURCHASE: Executive Branch Goods and Services
Applicable Laws
X
Goods and Services
MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00
Human and Social Services
MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00
Legal Services
MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)
Grants
MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00

3. ACQUISITION METHOD:

X
Fee-for-service

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 three at the beginning of the contract term. Target maximum number of Contractors from the sixth month through the end of the contract period, including the option to renew, has not been established. 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:

Total Anticipated Contract Duration:
Upon execution to June 30, 2028
Initial Duration:
Upon execution to June 30, 2023
Options to Renew:
One five-year option to renew contingent upon availability of funding, contractor performance, and availability of management and other resources to continue the program

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

Estimated value of procurement: Less than $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: 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.

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:

Description of Positions: MCDHH seeks Substance Use Disorder (SUD) Counselors for the Deaf at four different levels of experience to provide therapeutic support to Deaf individuals previously identified as having substance use issues. Referrals will come to the SUD Counselors for the Deaf from several sources: from agencies or organizations using the ASL SBIRT instrument; from outpatient treatment facilities; from emergency rooms; and/or from any other entity (counselor, treatment program, or prevention program) licensed by the MA Bureau of Substance Abuse Services.

These four levels of SUD Counselors for the Deaf are as follows:[footnoteRef:2] [2: A discussion and comparison of the requirements and features if the several Licensures and Certifications for Substance Use and Addictions in Massachusetts, developed by the MA DPH Bureau of Substance Abuse Services (BSAS), may be found at https://www.mass.gov/files/documents/2017/11/27/ladc-requirements.pdf. ]

· Master / Mentor - Certification as an Alcohol & Drug Counselor (CADC or CADC II) by the Massachusetts Board of Substance Abuse Counselor Certification, https://www.mbsacc.com/; licensure at one of the three LADC levels by the MA DPH Bureau of Substance Abuse Services (BSAS); a minimum of ten years' experience providing counseling services with a focus on substance abuse treatment to Deaf individuals in Massachusetts; a minimum of five years' experience providing supervisory services to early- and mid-career SUD Counselors for the Deaf in Massachusetts; experience providing and developing topical workshops to a range of audiences; fluency in American Sign Language and ability to conduct counseling services in ASL; possesses a master's degree in a relevant discipline

· Certified / Licensed - Certification as an Alcohol & Drug Counselor (CADC or CADC II) by the Massachusetts Board of Substance Abuse Counselor Certification, https://www.mbsacc.com/; licensure at one of the three LADC levels by the MA DPH Bureau of Substance Abuse Services (BSAS); a minimum of five years' experience providing counseling services with a focus on substance abuse treatment to Deaf individuals in Massachusetts; experience providing and developing topical workshops to a range of audiences; fluency in American Sign Language and ability to conduct counseling services in ASL; possesses a master's degree in a relevant discipline

· Certified - Certification as an Alcohol & Drug Counselor (CADC or CADC II) by the Massachusetts Board of Substance Abuse Counselor Certification, https://www.mbsacc.com/; experience providing counseling services with a focus on substance abuse treatment to Deaf individuals in Massachusetts; experience providing topical workshops to a range of audiences; fluency in American Sign Language and ability to conduct counseling services in ASL

· Trainee - In or a recent graduate of an educational program providing training as a Substance Abuse Counselor to meet the requirements of the Massachusetts Board of Substance Abuse Counselor in order to attain certification, https://www.mbsacc.com/; has completed some but not necessarily all of the requirements for certification; fluency in American Sign Language and ability to conduct counseling services in ASL under appropriate supervision

Activities: Working under the direction of MCDHH's Deputy Commissioner for Programs and Policy, SUD Counselors will work in coordination with MCDHH's Case Managers and the DHILS Specialists administering the SBIRT instrument. Activities are indicated as "General" if they relate to providing therapeutic support to Deaf individuals who have already been identified as having substance use issues. The activities and duties to be performed by SUD Counselors for the Deaf at each of the four levels are as follows [Trainee's activities are under supervision as appropriate]:

Activity / Duty
Trainee
Certified
Certified / Licensed
Master / Mentor
General: Assisting an individual with finding local treatment
x
x
x
x
General: One-to-one support with individual in recovery
x
x
x
x
General: Assisting individual in developing a plan to live alcohol- and drug-free
x
x
x
x
General: Providing additional advocacy and support services through videophone appointments
x
x
x
x
General: Advocating for additional services or accommodations when needed
x
x
x
x
General: Providing consultation to programs where individuals are placed or reside in the topical areas of providing communication access, working with Deaf and hard of hearing individuals, making programs accessible, and other subject matter as appropriate and necessary
x
x
x
x
General: Lowering barriers to program entry experienced by Deaf and hard of hearing individuals on the parts of individuals, programs, and referring entities
x
x
x
x
General: Other related activities as necessary and appropriate
x
x
x
x
SBIRT: In-depth assessment of referred individuals; and/or
x
x
x
x
SBIRT: Counseling services to referred individuals; and/or
x
x
x
x
SBIRT: Referral of individuals to intensive treatment
x
x
x
x
Coordination and consultation with other SBIRT team members
x
x
x
x
Consultation to substance abuse programs: including detox, inpatient, outpatient and residential
x
x
x
x

Providing training services

x
x
x

Providing supervision

x
x

Working Hours, Work Location and Supervision: The Counselors will work from her / his office or home office based in Massachusetts and consult with referred clients there or at other appropriate locations for face-to-face meetings or will meet by videophone or other accessible means, whichever is most appropriate to the therapeutic situation. Working hours are variable and highly dependent on referrals. As noted above, overall supervision will be provided by MCDHH's Deputy Commissioner for Programs and Policy. Direct supervision of Certified/Licensed, Certified and Trainee Counselors will be provided by the Master / Mentor Counselor, with whom the non-Master Counselor shall communicate on at least a biweekly basis in a modality to be determined by mutual agreement. If appropriate and so designated by the Deputy Commissioner for Programs and Policy, the Certified/Licensed Counselor may be assigned certain supervisory roles and responsibilities.

Anticipated Contract Duration and Compensation: As noted previously, at the time of the initial COMMBUYS bid posting (August / September 2018) MCDHH is looking for one Master / Mentor and two other SUD Counselors for the Deaf. During the term of this Rolling Enrollment Open Market Bid MCDHH may have openings for additional Counselors. If so, announcements will be made on COMMBUYS and through the Community communication vehicles such as Facebook and e-mail broadcasts MCDHH typically uses. Contracts for the initial three bid responses will extend from execution through June 30, 2023 and will have a five-year option to renew (if one is offered). Any additional contracts begun during the initial term will run from execution through June 30, 2023 and will have one five-year option to renew (if one is offered).

Compensation is per hour of service or job-related travel and is as follows:

· Master - Mentor: Compensation is $80.00 per hour

· Certified / Licensed: Compensation is $50.00 to $60.00 per hour, based on experience

· Certified: Compensation is $40.00 to $50.00 per hour, based on experience

· Trainee: Compensation is $30.00 to $40.00 per hour, based on experience

MCDHH reserves the right to review and adjust these compensation rates during the life of the contract, including during any option to renew, including but not limited to maintain rates commensurate with those established by policy and procedure of the Massachusetts Department of Public Health. If an adjustment is made all contracts will be so adjusted and no formal written amendment will be necessary.

Travel and travel-related expenses will be reimbursed in accordance with standard Commonwealth policy and procedures.

Qualifications: It is required that the SUD Counselors for the Deaf have all of the qualifications detailed in the bulleted list under "Description of Positions," above.

In addition, the following are required:

1. Ability to travel statewide in Massachusetts for service delivery and program team meetings

2. Access to a reliable personal vehicle or mode of transport; if using a personal vehicle, individual must have a valid Class D operator's license

It is strongly desired / desired that the individuals have the following qualifications:

3. Self-identification as culturally Deaf strongly desired

4. Office or home office located within Massachusetts strongly desired

How to Apply: Bidders must meet all required qualifications for the "Substance Use Disorder Counselors for the Deaf" bid solicitation at their appropriate level and must also submit application packages that are complete in content and format. An application package that is complete in content and format is called a Responsive Proposal. MCDHH is under no obligation to review or evaluate Non-Responsive or Incomplete Proposals.

You, an interested individual or business, are invited to submit an application package for this contract position. Your application package must contain the following items:

· Letter of application stating that you are applying for "RFR 19-05-MCD: Substance Use Disorder Counselors for the Deaf" and which of the four levels of Counselor you are applying for (Master / Mentor; Certified / Licensed; Certified; or Trainee). You must answer each of the following thirteen questions:

1. Are you certified as a Certified Alcohol & Drug Counselor (CAFD) by the Massachusetts Board of Substance Abuse Counselor Certification?

2. Do you hold LADC licensure from MA DPH BSAS? If so, identify which level: LADC Assistant; LADC II; or LADC I.

3. If you have experience providing SUD counseling services and treatment to Deaf individuals, approximately how many years' experience?

4. If you have experience providing supervision to early- and mid-career SUD Counselors for the Deaf in Massachusetts, approximately how many years' experience?

5. Do you have experience developing workshops on SUD to a range of audiences?

6. Do you have experience presenting workshops on SUD to a range of audiences?

7. Are you fluent in American Sign Language (ASL)?

8. Can you conduct SUD counseling services in ASL?

9. Do you possess a master's degree?

10. Are you currently in the process of becoming certified as a Substance Abuse Counselor by the Massachusetts Board of Substance Abuse Counselor Certification?

11. Are you able to travel statewide in Massachusetts for this program?

12. Do you self-identify as culturally Deaf?

13. Is your office / home office located in Massachusetts?

· Your current resume

· A copy of your Massachusetts Board of Substance Abuse Counselor Certification and any LADC licenses you hold

NOTE: Current SUD Counselors for the Deaf whose credentials improve to the extent that they believe they qualify for the next level in the series may direct a letter to MCDHH's Procurement & Contracting Manager explaining the basis of their belief, appending copies of any upgraded certifications, licenses or other materials. This information should be submitted electronically to jane.sokol.shulman@state.ma.us. All materials will be reviewed promptly.

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 (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.

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: Follow MCDHH's "Responding to a Bid" guidance document.

The UNSPSC code to use for this bid response is 85-10-16, Healthcare Provider Support Persons

Evaluation Criteria and Methodology: All responsive (complete) applications will be evaluated, scored, and ranked by the members of the Evaluation Team. Each of the four Counselor levels will have its own scoring chart since not all "criteria or characteristics" apply to every Counselor. The chart, below, is the basic evaluation tool:

CRITERION OR CHARACTERISTIC
NUMBER OF POINTS AWARDED
Certification as Certified Alcohol & Drug Counselor (CAFD)
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Possession of LADC license

· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Years' experience providing SUD counseling services to Deaf individuals
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Years' experience providing supervision to SUD Counselors for the Deaf
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Experience developing SUD workshops to a range of audiences
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Experience presenting SUD workshops to a range of audiences
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Fluency in American Sign Language
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Ability to conduct SUD counseling in ASL
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Possesses Master's degree
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

In the process of becoming certified as a Substance Abuse Counselor by MBSACC
· 10 points – superior; exceeds requirements

· 5 points – average; meets requirements

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

Ability to travel statewide in Massachusetts for service delivery and program team meetings (strongly desired)
· 6 points – superior; exceeds requirements

· 3 points – average; meets requirements

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

Self-identification as culturally Deaf (strongly desired)
· 6 points – superior; exceeds requirements

· 3 points – average; meets requirements

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

Office or home office located within Massachusetts (strongly desired)
· 6 points – superior; exceeds requirements

· 3 points – average; meets requirements

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

Objective information taken from bidder's resume (amplify on evaluation sheet)
To a maximum of 17 points
Objective information about bidder based on evaluator's personal experience and relevant to performance of this contract (amplify on evaluation sheet)
To a maximum of 7 points
TOTAL POINTS AWARDED
MAXIMUM POINTS VARIES BY POSITION

12. CONTACTING AWARDED BIDDERS AND COMPLETING REQUIRED FORMS:

MCDHH will contact all Bidders who will be offered contracts. Successful Bidders will be required to complete a number of Commonwealth forms.

Check if applicable (“X”)
Form/Document
Notes/Instructions (If any)
X
Commonwealth Terms & Conditions
If not completed previously; Wet Ink Signature Required
X
Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)
If not completed previously; Wet Ink Signature Required
X
Standard Contract Form and Instructions
Wet Ink Signature Required
X
CORI (Criminal Offender Records Information) Form, three-part
Wet Ink Signature Required
X
Contractor Authorized Signatory Listing
Wet Ink Signature Required
X
Authorization for Electronic Funds Transfer
If not completed previously; Wet Ink Signature Required
Additional Environmentally Preferable Products/Practices
Electronic Submission
Supplier Diversity Plan Form 1 (SDP Plan Commitment)
Electronic Submission
Prompt Payment Discount Form
Electronic Submission
Business Reference Form
Electronic Submission

13. 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.

14. COMMONWEALTH OF MASSACHUSETTS STANDARD RFR PROVISIONS:

Issue Date:November 1, 2005
Refresh Date:June 6, 2016

The following RFR provisions appear in this section at the department’s discretion. If a specification is selected by the department, it is required of the bidder.

Access to Security-Sensitive Information. This solicitation contains security-sensitive information which, pursuant to MGL c. 4, s. 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to M.G.L. c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the commonwealth.

Qualified prospective bidders that are interested in accessing this information for the purpose of preparing a bid response must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

1. restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

2. safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and

3. return such records and materials to the Commonwealth upon completion of the project.

Alternatives. A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the contract. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

Brand Name or Equal. Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

Debriefing. (This specification is at the department’s discretion for non-POS RFRs.) Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. "POS" refers to 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, Auditing and Reporting and for Human and Social Services.

Emergency Standby Commodities and/or Services. Due to a declaration of a state of emergency where the safety and well-being of Commonwealth citizens are at risk, the Commonwealth of Massachusetts may request specific commodities and/or services from its contractors. Contractors may be called upon to supply and/or deliver to the Commonwealth on a priority basis such commodities and/or services currently under contract.

Such accommodations may be requested from a contractor during an actual emergency. To accommodate such requests, contractors may be requested and must make every effort to service these requests from regular sources of supply at the rates set forth in any standard contract resulting from this RFR.

Environmentally Preferable Products and Services. The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Estimated Provisions. The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Performance and Payment Time Frames Which Continue Beyond the Duration of the Contract. All term leases, rentals, maintenance or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, rentals, maintenance or other agreements for services may be executed after the contract has expired. Any contract termination or suspension pursuant to this section shall not automatically terminate any leases, rentals, maintenance or other agreements for services already in place unless the department also terminates said leases, rentals, maintenance or other agreements for service, which were executed pursuant to the main contract.

Reverse Auction Participation and Payment. In addition to negotiations and Best and Final Offers (BAFOs) that may be conducted with bidders pursuant to 801 CMR 21.00, the SST will be conducting a Reverse Auction subsequent to the submission of proposals. After the conclusion of the reverse auction and the determination of the winning bidder(s), the winning bidder(s) will be responsible for paying the cost for this reverse auction, not to exceed $3,000 per event, directly to the Commonwealth’s reverse auction contractor. That payment must be made within 30 days of the end of the auction event or of the contract award date, whichever is later. In the case of multiple winners, the department will determine how payments will be made in a fair and equitable manner. In addition, the SST reserves the right to employ the use of reverse auctions at any time during the contract term under the same payment terms as referenced above in this section.

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