RFR 20-05-MCD Case Managers for Deaf Temp Prequal List~1.docx

RFR 20-05-MCD: Case Managers for Deaf and Hard of Hearing Children and Adults, ASL-Skilled, Temporary / Short-Term

Boston, MA 02111

617-740-1635 Voice

93-14-15: Social Development and Services

1. DESCRIPTION OR PURPOSE OF PROCUREMENT:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) delivers case management services through its Department of Case Management and Social Services. This Department consists of a Director based in MCDHH’s Boston headquarters and fewer than a dozen case workers distributed among MCDHH’s Boston headquarters and four regional offices in Plymouth, Westborough, Springfield and Pittsfield. Case workers may be either Adult Case Managers who deliver services to Deaf or hard of hearing individuals over age 18 who have multiple, complex and legal issues; or they may be Children Specialists who serve children and adolescents up to age 18 or families of infants who are deaf. A particular point of pride of MCDHH, and therefore a requirement for all Case Managers regardless of whether they serve adults or children, is that they are bilingual and bi-cultural: they are fluent in both English and in American Sign Language (ASL) and culturally-competent in Deaf Culture.

From time to time MCDHH experiences a temporary vacancy in the Department, usually because a Case Manager is out on leave. The temporary vacancy may be anywhere from one month to a few months in duration but never more than twelve months.

Through the creation and posting of this document, "RFR 20-05-MCD: Case Managers for Deaf and Hard of Hearing Children and Adults, ASL-Skilled, Temporary / Short-Term," MCDHH is seeking to develop a list of pre-qualified individuals that it can refer to when it anticipates a temporary vacancy in its Department of Case Management and Social Services. This document describes the Department, the responsibilities of Adult Case Managers and Children Specialists, the required and desired characteristics for each, and how to apply for a position on this pre-qualified list. It is important to note that MCDHH is seeking bilingual (English and ASL)/ bi-cultural individuals. Additionally, this document also describes the process MCDHH will follow when it needs to fill a specific temporary vacancy within the Department.

MCDHH welcomes applications from individuals 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 9 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:

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

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: Less than $150,000

8. COMPENSATION STRUCTURES:

Contract will have a maximum obligation amount

Contract is subject to quotes by list of Pre-Qualified Contractors

9. SMALL BUSINESS PURCHASING PROGRAM:

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

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

10. SUPPLIER DIVERSITY PROGRAM (SDP) PLAN:

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

11. ENVIRONMENTALLY PREFERABLE PRODUCTS:

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

12. CONTRACT PERFORMANCE AND SPECIFICATIONS:

Background: The Department of Case Management and Social Services (“The Department”) of the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) consists of fewer than twelve staff working out of MCDHH’s Boston headquarters and four regional offices in Plymouth, Westborough, Springfield and Pittsfield. The Department’s staff are all bilingual in English and American Sign Language (ASL) and bicultural in Deaf Culture.

The Department is made up of Case Managers for Adults and Children Specialists. Their core work activities are distinguished from each other as follows:

Case Managers for Adults:

· Provide case management services for Deaf, deaf, late-deafened and hard of hearing clients, the majority of whom use ASL

· Assess needs, develop service plans, and deliver cross-agency coordination of services, advocacy, guidance and counseling

· Work closely and cooperatively with case managers of other Commonwealth of Massachusetts agencies

· Coordinate with state and private education, social and human service agencies to provide technical assistance, training, referral to specialized resources, and case management consultation Children Specialists:

· Educate parents about the effects of hearing loss at birth, during childhood and in the teenage years

· Identify intervention strategies for parents and others, including the appropriate use of hearing aids, assistive technology, medical procedures, early intervention, language development, and more

· Provide objective information regarding early language development

· Offer Information & Referral to a range of specialized services

· Provide technical assistance to Early Intervention and educational programs regarding communication needs and cultural perspectives of Deaf and hard of hearing children

· Deliver general case management services as needed

Each Case Manager serves between eighteen and twenty-five (between 18 and 25) clients per month on the average.

From time to time one or more of the Department’s Case Managers goes out on leave or otherwise creates a situation where there is a short-term temporary staff vacancy. With so relatively few Case Managers, MCDHH and the Department’s Director need additional resources to maintain service delivery to clients. Therefore, MCDHH is seeking to develop a pre-qualified list of case managers able to step in with only a little additional specialized training to maintain the Department’s ongoing operations when these short-term staff vacancies occur.

Activities to be Performed: The contracted short-term Case Managers for Adults and the Children Specialists will perform the bulleted activities noted above (four and six activities, respectively). In addition, both will perform a number of standard case management activities:

· Conduct intake and needs assessment

· Evaluate client information obtained through a variety of sources including but not limited to interviews, documents, and records to determine eligibility for services

· Plan services and collaboratively identify goals that will effectively manage the client’s needs

· Follow up the client’s progress through one-to-one meetings, site visits, discussions with professionals and service providers and others as appropriate

· Monitor and evaluate progress using output and outcome metrics to supplement anecdotal reports

· Adjust plan elements to improve progress toward resolving behavioral, communication, economic, educational, communication, family, legal, and/or physical issues

· Provide technical assistance regarding the assessment of client’s needs and the determination of proper educational, family and/or service plans

· Perform adjunct duties such as attending meetings and hearings; answering inquiries and providing information in an impartial manner; maintaining records; and preparing reports and correspondence

· Ensure the client’s rights to communication access are honored and that the communication access method of choice is provided

Qualifications: MCDHH welcomes applications from individuals. As noted in Section 1, bids from third-party entities such as employment agencies will be discarded.

It is required that applicants for both the Case Manager for Adults and the Children Specialist positions have the following qualifications:

1. American Sign Language (ASL) skill at the advanced intermediate level at minimum

2. Direct experience with Deaf Culture (describe)

3. Prior professional experience in a human services / social work setting with Deaf, deaf, late-deafened or hard of hearing individuals, minimum of three years and preferably five

4. Prior experience advocating for communication access for a client / consumer

5. Experience with a multi-user computerized database / data management system (describe)

6. Access to reliable private transportation such as Uber or Lyft

It is strongly desired that applicants for both the Case Manager for Adults and the Children Specialist positions have the following qualifications:

7. A driver’s license and access to a reliable personal vehicle

It is desired that applicants for both the Case Manager for Adults and the Children Specialist positions have the following qualifications:

8. Bachelor’s degree in social work, psychology, sociology, rehabilitation counseling, education, or human services

9. Case management experience (describe)

Additional qualifications for the Children Specialist position: It is desired that applicants for the Children Specialist position have the following qualifications:

1. Experience working with parents of minor clients

2. Knowledge and understanding of young children’s development with a focus on language acquisition as acquired through direct work experience or college-level coursework (describe)

3. Experience supporting parents in making informed decisions regarding early language development and educational strategies for young children (describe)

4. Demonstrated knowledge of IDEA (Individuals with Disabilities Education Act), Chapter 766 , Section 504 of the Rehabilitation Act, Early Intervention plans and the Universal Newborn Hearing Screening Program as evidenced by two or more years of work experience (describe)

Supervision and Coordination: The work shall be performed under the supervision of the Director, Department of Case Management and Social Service. Work shall be based from one of MCDHH’s offices and will be performed from that office and from field locations.

Compensation: Compensation will be at an hourly rate commensurate with experience and consistent with Commonwealth pay scales for contractors with comparable knowledge, skills and experience. Mileage will be reimbursed in accordance with Commonwealth of Massachusetts policy and at the rate in effect at the time of travel. Parking, tolls and other travel-related expenses will also be reimbursed providing that receipts are appended to the reimbursement request form.

How to Apply: Individuals interested in either the Case Manager for Adults position or the Children Specialist position or both must meet all the above required qualifications. It is to their advantage to meet as many of the strongly desired and desired qualifications as possible.

If an applicant does not meet a required, desired, or strongly desired qualification as stated but believes she or he has comparable experience, MCDHH encourages the applicant to apply and to explain in detail why the substitute experience is comparable to what MCDHH is requesting.

Interested individuals should submit a letter of application and a current resume. The letter should:

1. State whether the individual is interested in the Case Manager for Adults position, the Children Specialist position or both;

2. Indicate which MCDHH office or offices the individual would be willing to work out of (Plymouth, Boston, Westborough, Springfield, and/or Pittsfield); and

3. Address each of the above nine required, strongly desired and desired qualifications by number (plus the four additional desired qualification for the Children Specialist, if applying for the Children Specialist position) and state how the individual meets the qualifications, giving examples to the greatest extent possible.

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 Respond to This Bid on COMMBUYS: Follow the document provided by OSD called “Create a Quote in COMMBUYS.”

The UNSPSC Code to use for this bid response is 93-14-00, Community and Social Services

Evaluating Responses: MCDHH will review all applications upon receipt. Each will be assigned a rating of “Exceeds,” “Meets,” or “Does Not Meet” upon comparison with the “Qualifications” criteria set forth in this document and will be retained on file for as long as this RFR is active.

Recruiting For and Filling a Vacancy: When MCDHH anticipates needing a contracted Case Manager, either for Adults or a Children’s Specialist, pre-qualified individuals will be contacted by e-mail. Additionally, an announcement will be posted on COMMBUYS, on MCDHH’s Facebook page and any other social media forums in use at the time, on the Mass-Deaf_Terp Yahoo group, and to MCDHH’s various e-mail lists. These announcements will contain the specific details of the open contract position and will serve as the recruiting vehicle for that position. The information contained in the recruiting announcements will be at least:

· Adult Case Manager or Children Specialist

· Home office (location of position)

· Start and end dates (one or both may be approximate)

· Number of hours per week (may be approximate)

· Any special focus of the position

· Any additional information relevant to the position

· Instructions for applying on COMMBUYS

· Deadline for applying

All responsive (complete) applications will be evaluated by the Director, Department for Case Management and Social Services and other individuals as necessary and appropriate. A contract will be developed with the individual determined to be best qualified for the opening.

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:

Operational Services Division 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.

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