RFR 191229_revised 7-29-2020.doc

The Commonwealth of Massachusetts

Department of public health Bureau of Infectious Disease and Laboratory Sciences

Address: 305 South Street, Jamaica Plain MA 02130 Contact Name: Beth English Telephone #: 617-983-6663 Fax #: 617-983-6240 Email: beth.english@state.ma.us

Request for Response (RFR) Document Title: MA State Public Health Laboratory Specialized Laboratory Equipment, Supplies, and Services ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS BID Number: BD-18-1031-BID00-BID08-25511 ASK "RFR Number/Document Number" \* MERGEFORMAT DPH RFR Document Number: RFR 191229

April 2, 2018

Object Code: F05, K09, L29, L49

1.0 Procurement Scope and Description:

The Massachusetts Department of Public Health, Bureau of Infectious Disease and Laboratory Sciences seeks responses from qualified vendors to provide laboratory equipment and instrumentation, through outright purchase, lease arrangements, reagent rental arrangements, or all-inclusive lease programs that also include reagents, consumables, operational training, and service agreements. Examples of the critical tests that are conducted and supplies that would be needed are described in Section 2.0 below.

The Department seeks to establish a Master Agreement contract, a process that creates a qualitied list of vendors. Vendors who meet the criteria established in this RFR will be added to the Master Agreement. This contract process doesn’t guarantee any purchases or engagements from the Department.

Contracts and engagements signed as a result of this solicitation are not intended to supersede any statewide contract, including the healthcare, lab, and dental product (HSP) contract, or any successor contract. HSP41 or successor contracts vendors are not eligible to respond to this RFR.

Some examples of the critical tests that are conducted and supplies that would be needed may include, but not be limited to:

· Cell Lines and Associated Reagents for Cell Culture Diagnostic procedures for Influenza and Respiratory Virus Testing

· Defibrinated Blood products used in production of microbiology culture media

· Equipment, Regents and supplies to perform rapid drug susceptibility testing on isolates of Mycobacterium Tuberculosis using MGIT 960 Platform

· Automated computer-controlled molecular biology sample preparation system to be used to enhance nucleic acid surge testing capacity and capability for amplification/detection techniques, equipment and supplies

· GS HIV Combo ag/ab EIA, Genetic Systems HIV-1 Western Blot, Multispot HIV-1/HIV-2 rapid test, Ortho HCV Version 3.0 ELISA Test system, equipment replacement and supplies

· GeneXpert platform, equipment replacement and supplies

· Bacterial and viral reagents and supplies including custom primers and labeled probes for polymerase chain reaction (PCR) assays and nucleic acid sequencing

· Salmonella Serotyping Assay kits

· FilmArray Respiratory Panels Pouches to be used with Multiplex PCR system

· Nucleic Acid Amplication Testing (NAAT) platform equipment and supplies for a variety of sexually transmitted infections that include Chlamydia, Gonorrhea Trichomonas, HPV, HCV, and HIV RNA.

· Next Generation Desktop Sequencer equipment replacement and supplies

· Lease of Architect I20000SR, equipment and supplies

· Dry Ice for packaging for laboratory needs

· Corrugated boxes and packing supplies for laboratory needs

1.1 Background Information:

The Massachusetts Department of Public Health (MDPH), Bureau of Infectious Disease and Laboratory Sciences (BIDLS) Massachusetts State Public Health Laboratory (MA SPHL) hereafter referred to as the Department, provides comprehensive public health laboratory testing services for diagnosis, surveillance, investigation and disease prevention. These services address public health priorities in Massachusetts and complement local and regional laboratory activities including but not limited to:

· Bioterrorism Response

· Biomonitoring

· Clinical Microbiology

· Virus Serology

· Virus Isolation

· Sexually Transmitted Disease Screening

· Chemical Terrorism

· Environmental Chemistry

· Childhood Lead Screening

· Antibiotic Resistance Detection

· Dairy and Foodborne Outbreak Response

· Mycobacteriology

· Molecular Diagnostics for bacterial and viral pathogens

· Arbovirus Surveillance and Detection

· Rabies Surveillance and Detection

· Genomic sequencing

· Bioinformatics analysis Testing technology in these laboratories undergoes frequent technological changes, and the Department seeks to remain current with the most up-to-date equipment, instrumentation and supplies while using a cost effective and efficient operational solution.

1.2 Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

1.3 Whether Single or Multiple Contractors Are Required For Contract(s):

Check One (“X”):

Single Contractor

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Multiple Contractors

1.4 Calendar Rule Type:

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1.5 Acquisition Method:

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Fee-For-Service

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Outright Purchase

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Rental

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Term Lease

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Tax Exempt Lease-Purchase

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License

Other:

Both outright purchases and leasing arrangements are allowed through this MA. See section 2.6 for more details about lease agreements.

1.6 Use of Procurement by a Single or Multiple Departments:

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

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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:

· Identify additional Eligible Entities by name or type.

· Massachusetts Department of Mental Health (DMH)

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

1.7 Expected Duration of Contract:

Anticipated Initial Duration up to: __5__ year (s) ____months;

Anticipated Renewal Options: __2__ options to renew for __3___ year (s) each option Final End Date of this Contract: ____June 30, 2029____________________ Performance and payment time frames which exceed contract duration

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 written agreement shall extend more than five (5) years beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired

1.8 Anticipated Expenditures, Funding or Compensation for Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options): TBD – Rate Agreement Check One (“X”):

Contract will have a Maximum Obligation

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Rate Contract: Contract will NOT have a Maximum Obligation Amount

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Subject to Quotes by Pre-Qualified List of Contractors

Will Federal Funds be used to fund any part of Contract(s)?

No

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Funds Balance Forward Requirement for Capital, Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications

2.1 Bidder Qualifications

In order to be considered for an award the Bidder must have the capacity and the experience to meet the needs of the Department. A bidder must have been in business for at least one full fiscal year at the time of submitting a Quote and have sufficient financial stability to demonstrate the capacity to meet the needs of the Department as a distributor of laboratory equipment and instrumentation.

2.2 Commodity and Service Specifications

The primary categories of procurement include:

Laboratory Equipment Purchase, Lease Arrangements, Equipment Servicing, and Supplies The Department wishes to procure new laboratory equipment purchases and related services, including but not limited to: new laboratory equipment and instrumentation purchase, installation and operational training, service and maintenance agreements, equipment repairs, purchase of consumables and reagents for specific equipment, and other supplies and services necessary for testing, and test result reporting.

Miscellaneous Laboratory Procurement This category includes procurement of laboratory products and services necessary to meet the requirement for grants and other funding. This may include products that serve as a mechanism to assess laboratory competency, as a training assessment for new laboratory staff, or products and services necessary for operation of scientific instrumentation.

2.3 Ordering/Delivery/Shipping Specifications

· Vendors must accept orders both through COMMBUYS and outside of COMMBUYS.

· Vendors must notify the Department in advance of shipping arrangements.

· All items will be delivered during regular business hours of 8:00am – 4:00 pm

· All fuel charges or fuel surcharges are prohibited under this Contract.

· All items will be shipped FOB destination. The term FOB destination shall mean items will be delivered and unloaded at no charge to the Department and that the Vendor shall retain ownership until received and accepted by the Purchasing Entity. If a Vendor has an order shipped from a manufacturer or other source within the supply chain to the Department the Vendor retains responsibility for the delivery and all delivery costs.

· “White Glove” delivery service that includes installation, set up, and operational training, as warranted

· Vendors must clearly identify that an item will have a special per shipment handling charge. It is understood that this charge will vary by product. An example would be an item that needs to be shipped with dry ice. The special handling charge would be the same if there was one (1) item in the shipping box or four (4) items in the shipping box.

· Vendors must clearly identify that an item will have a Hazmat per shipment charge. It is understood that this charge will vary by the product and in many cases by how many items are in a shipping box.

2.4 Returns/Recalls Specifications

The Department may return any item received by notifying the Vendor who supplied the item within thirty (30) calendar days of receipt of order unless the Vendor at time of order clearly stated in writing to the Department that an item was not returnable. All items being returned by the Department must be in their original packaging and in saleable condition.

In the event the Department discovers concealed damage the Vendor must replace the item or issue a credit if it is notified within sixty (60) days of receipt of the order by the Department.

In the event the Vendor delivers the wrong item and the Department receives it in error, the Department will notify the Vendor upon discovery that the Vendor shipped the wrong item. If the Vendor providing it is notified within 60 calendar days of receipt of the order by the Department the Vendor must at the option of the Purchasing Entity take back the wrong item and ship the correct item or issue the Purchasing Entity with a credit or check for the cost of the incorrect item.

Vendor or other source restocking charges are not allowed under the contract for returns. The Vendor is responsible for the shipping costs of all returns.

In the event of a manufacturer’s recall or notification of product defect the Vendor must notify the Department of the problem within five (5) days. The Vendor must then work with the Department to maintain operations and prevent any critical downtime. The Vendor in all cases will be responsible for the cost to replace the item, issue a credit for the value of the item or be responsible for the repair of the defective item.

The Department reserves the right to limit the areas to which the leased equipment must be returned at the end of the lease term, or to negotiate a cap as to the financial obligation to be incurred by the Department for the equipment de-installation, packaging, shipping, and insurance.

2.5 Training and Technical Support

The Vendor must provide a reasonable level of technical support and training at no cost to the Department.

2.6 Compensation Structure/Pricing

An initial catalog for the period July 1, 2018 – June 30, 2019 will be requested from vendors awarded a contract. The catalog will include product and price listing including installation, maintenance and repair.

Thereafter awarded vendors are allowed to revise prices for July 1 – June 30 of each state fiscal year of the contract.

When an item/service is not on any Vendor’s catalog, the Department will accept a quote, which will remain in effect for the duration of the fiscal year. Vendor will provide free sample products to the Department for the purpose of conducting product review or evaluation trials prior to any purchase.

Lease Agreements: purchases will be made using fixed monthly or quarterly payment plans and may include one of the following leasing structures:

a) Standard Leasing Arrangements: In these leasing arrangements, the Department seeks to procure laboratory testing instrumentation at the best rate available through 3 year or 5 year lease arrangements. These lease arrangements should include options for upgrading equipment when new equipment becomes available, and the monthly rate should include all necessary maintenance costs.

b) Consumable and Reagent Arrangements: In these leasing arrangements, the Department seeks to procure laboratory testing instrumentation at the best rate available through 3 year or 5 year lease arrangements. In these arrangements the cost of the lease and maintenance for the instrumentation is blended into the costs of the reagents and other consumables that will be used on the instrumentation. The only cost to the Department is the cost of the reagents. These lease arrangements should include options for upgrading instrumentation when new equipment becomes available, expanding the number of instruments that are delivered to the Department depending on the overall volume of testing, and all necessary maintenance costs.

c) Comprehensive Leasing Arrangements: In these leasing arrangements, the Department seeks to procure laboratory testing instrumentation at the best rate available through 3 year or 5 year lease arrangements. These lease arrangements should include reagents, leases and maintenance costs, all of which are paid for through the Master Agreement, but are not bundled into the costs of the reagents (see #2). The costs for these arrangements should include separate costs for lease, maintenance and reagents, or a bundled lease/maintenance cost, with separate costs for reagents. In these arrangements, the contract will estimate the total amount of reagents are that expected to be purchased over the lifetime of the lease, but the estimate is not a firm agreement. These lease arrangements should include options for upgrading equipment when new equipment becomes available.

All commodities and services sold under this contract must be compliant with all: applicable Federal laws and regulations, and all applicable Commonwealth of Massachusetts Laws and Regulations; and when applicable meet City of Boston Fire Code standards.

CORI Requirements: In accordance with EOHHS policy, an individual's background, including any CORI and other relevant information, must be carefully considered so that the vulnerable populations served by EOHHS are protected. It is also EOHHS policy that qualified rehabilitated offenders are given a fair opportunity to be employed and successfully reintegrated into the workforce. In accordance with this policy, prior to any work engagement, the awarded Contractor shall obtain a Standard (Employer) Access Massachusetts Criminal Offender Record Information (CORI) check on any and all individual employees who are to enter public offices of the Commonwealth or provide services to any Hiring Entity of the Commonwealth. The awarded Contractor must 1) utilize the Internet-Accessible CORI (iCORI) system maintained by the Department of Criminal Justice Information Services (DCJIS) to request and receive CORI in accordance with 801 CMR 2.00 et seq. and 2) comply with the EOHHS CORI check regulations, 101 CMR 15.00 et seq. in reviewing CORI and in documenting its hiring determination as set forth in 101 CMR 15.09. Any associated costs are the responsibility of the awarded Contractor.

For environmental purchasing requirements, please see the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR Standard Required Information document posted at the COMMBUYS Bid Solicitation; File attachment section.

3.0 Performance Requirements and Contract Monitoring

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

1. Timely Delivery of Equipment, Instrumentation, Consumables, Supplies or Services

2. Ability of the instrument(s) to test for all of the requested pathogens

3. Ability to supply all of the requested testing kits

4. Ability of the instrument(s) to interface with current Laboratory IT applications

5. Responsiveness to Departmental Inquiries

Contractor must provide their own tools and equipment unless otherwise specified by the contact.

The PMT shall negotiate with contractors any requirements not set forth in the RFR

4.0 Contract Invoicing

Monthly invoices and fixed monthly or quarterly payment plan for lease arrangements.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation. COMMBUYS Bid Solicitation for this form.

5.0 Evaluation Criteria

The following components will be the criteria considered by the Evaluation Team when evaluating each response:

· Catalog of laboratory products and analytical technologies available for lease or purchase that meet the needs of the Department and Public Health Laboratory.

· Ability to provide Technology Refresh Services or Trade-in options, if applicable

· Cost of products and services

· On-site Installation and Operational Training, if applicable

· Overall Completeness & Quality of Response

· All required forms Vendors must be ISO Certified when applicable and Assays must be approved by the FDA when applicable Supplier Diversity Program (SDP): The Supplier Diversity Program (formerly known as Affirmative Market Program) was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified Minority and Women Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

Additional information about SDP can be found in the Supplier Diversity Program (SDP) Plan section of the “Additional Requirements” document found on the COMMBUYS Bid Solicitation. The Supplier Diversity Program (SDP) Plan Commitment & Declaration of SDP Partner(s) form can be found at the COMMBUYS Bid Solicitation.

The SDP plan counts for 10% of the total proposal review score. Unless there are documented extenuating circumstances, no contract will be executed with a provider unless a percentage commitment of the contract amount has been made with at least one SDP-certified business.

Prompt Payment Discounts (PPD) All bidders responding to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. 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 on the OSD Forms page and in this solicitation at the COMMBUYS Bid Solicitation.

6.0 Estimated Procurement Calendar

Deadline for Questions and Answers

All Questions must be received in writing. Questions can be sent by email no later than the date and time indicated in the Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

October 4, 2018 Email questions to Beth English

Email: : Beth.English@state.ma.us

The BID opening date

(Deadline for Submission of Response)

All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders.

June 30, 2029

Deadline for Forms that require Ink Signatures.

(See section 7.2 Submission Instructions below for further guidance.)

Please forward forms requiring ink signatures to Beth English, State lab, 305 South Street, Jamaica Plain MA 02130 within 7 days of the bid submission.

7.0 Requirements/Instructions for Submission of Responses

Vendors applying to this RFR must complete the Application Form and attach a copy of the catalog or quote, or insert a link to their current catalog. Depending on the product or services sought by the Department, additional information may be requested.

7.1 Submission Instructions

All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

All Quotes must be received by the Department of Public Health before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times displayed in COMMBUYS are Eastern Standard/Daylight Savings (US).

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. DPH recommends that Quotes be submitted early. Changes to your quotes can be made by withdrawing using the “Withdraw Quote” button offered under the Summary tab of a submitted quote. Quotes may be withdrawn up until the Bid Opening Date.

COMMBUYS Item Screen Vendors submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DPH. “No Charge” must be checked or a dollar amount entered in the Unit Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Ink Signatures

The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Commonwealth Terms and Conditions (If not already on file with the Comptroller)

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) (If not already on file with the Comptroller)

· Electronic Funds Transfer Sign Up Form (If not already on file with the Comptroller)

Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of submission of bid. Successful bidders may have a delay in the execution of their contracts if the above forms are not received by DPH in timely manner.

**Please forward ink-signature versions to Beth English, State lab, 305 South Street, Jamaica Plain MA 02130 File Format and Naming Conventions

Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

Public Records All information, documents, and attachments submitted as a response to this RFQ are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

Amendments to BID

DPH reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DPH and the Commonwealth accept 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.

8.0 RFR Attachments:

The forms listed in the COMMBUYS with this RFR must be submitted with your response where indicated.

To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:

Complete and sign in blue ink as instructed in section 7.2 of this RFR.

9.0 COMMBUYS Support

The following resources are provided to assist Bidders in submitting Quotes:

· A link to a job aid on How to Submit a Quote on COMMBUYS

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to � HYPERLINK "http://www.COMMBUYS.com" �www.COMMBUYS.com�.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.