RFR _2016 Floor Machines~1.doc

The Commonwealth of Massachusetts

Executive Office of Public Safety & Security

Department of Correction

50 Maple Street, Suite 3

Milford, MA 01757

Request for Response (RFR)

Document Title: Floor Machines ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-16-1025-DOCFS-00000009234 Agency Document Number: RFR # DOC-2016-Floor Machines Issue Date: 6/21/2016

SHAPE \* MERGEFORMAT

RFR Introduction and General Description

1.1 Procurement Scope and Description 1.2 Applicable Procurement Law 1.3 Number of awards 1.4 Adding Contractors after initial Contract award 1.5 Eligible Entities 1.6 Acquisition Method(s) 1.7 Contract Duration 1.8 Estimated Value of the Contract Estimated Procurement Calendar 2.1 Written Question and Answer Process

2.2 Amendment Deadline

Specifications 3.1 Specifications 3.2 Fiscal Terms/ Pricing Other Terms 4.1 Department of Correction (DOC) Terms 4.2 Contractor’s Terms and Conditions 4.3 Reporting.

4.4 Contract Management 4.5 Change Notification 4.6 Invoices and Payment

4.7 Performance Measures

4.8 Contract Amendments

4.9 Contract Renewal …………………………………………………………………………….. 16

Evaluation criteria 5.1.1 Supplier Diversity Plan 5.1.2 Best And Final Offer (BAFO) HOW TO SUBMIT A quote……………………………………………………………………18

6.1 Instructions for submitting a paper Proposal…………………………………………… 20 6.2 Environmental Quote Submission Compliance.

Appendix 1 – Required Terms for all RFRs 7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy………………… 22 7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions…………………………………………………………………………………………… …22

7.2 Terms and Requirements Pertaining to Awarded Contracts 7.2.1 Contractor’s Contact Information 7.2.2 Publicity Appendix 2 - RFR - Required Specifications…………………………………………23 Appendix 3 - Other Required Dept. of Correction Specifications……….28 APPENDIX 4 Instructions for Execution and Submission of Commonwealth Standard Forms appendix 5 - glossary

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for qualified contractors to furnish floor machines, repair parts and service on machines for use in all departments and facilities within the Massachusetts Department of Correction.

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The Department seeks Multiple Contractors.

1.4 Adding Contractors after initial Contract award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than _6_ months away from the maximum and final end date of the solicitation.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) only.

1.6 Acquisition Method(s)

· Outright Purchase

· Fee for Service

1.7 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Up to 2 years

Renewal Options

4 options to renew, up to 2 years each option

Total Maximum Contract Duration

10 years

1.8 Estimated Value of the Contract

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $558,000.

This will be a RATE CONTRACT, which will be utilized on an as needed, as requested basis.

Federal Funds will not be used to fund any part of this Contract.

The estimated FY15 value for this contract was approximately $550,000.

Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

2 Estimated Procurement Calendar

Initial Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) Contract will be rolling enrollment 8/2/16 by 2:00 PM EST

Bidder Oral Presentations / Product Demonstrations (If Required)

NA

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

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.

2.1 Written questions

The question and answer process provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid.

Written Questions Must be received by: July 12, 2016 by 2:00 PM EST Bidders may submit written questions concerning any part or attachment of this RFR to the Strategic Sourcing Team Leader. Written Inquiries regarding issues outside of the scope of this RFR will not be considered by the SST. The deadline for the submission of written questions is listed above as well as in the Procurement Calendar.

All written questions must be submitted, by the required date and time, to:

SST Leader name: Annmarie Rodrigues SST Leader title: Contract Specialist III E-mail address: Annmarie.Rodrigues@Massmail.state.ma.us All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted. Questions must be entered in the body of the e-mail rather than in an attachment. The subject of the e-mail should include the words DOC-2016-Floor Machines. The Bidder is responsible for confirming receipt of its written inquiries with the Strategic Sourcing Team Leader.

It is the Bidder’s responsibility to verify receipt of questions. It is the responsibility of the prospective bidder and awarded Contractor 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 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.

Written Responses released on COMMBUYS on or about:

July 18, 2016 The Bidders’ questions and answers document will be posted to the solicitation site on COMMBUYS. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The Department reserves the right not to respond to questions submitted after this date.

Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.2 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. 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 SST and 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.

3 Specifications

3.1 Specifications

Additional required terms appear in the Appendices to this RFR.

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for qualified contractors to furnish floor machines, repair parts and service on machines for use in departments and correctional institutions.

The Commonwealth makes no guarantee that any Commodity or Service will be purchased from any Contract resulting from this RFR.

The awarded contractor(s) will furnish, and service floor machines to any Massachusetts Department of Correction department or institution. See response sheet #2 for complete specifications and contract details.

The intent of this RFR is to award this to multiple contractors. The department would then establish individual purchases of services or commodities with one of those contractors, on an as needed basis.

When a commodity purchase or purchase of service is required, the department reserves the right to request quotes from one or any number of contractors. Contractor quotes must be better or equal to their contract mark-up costs or labor rates on the original response. Depending on the complexity of the request, the department may accept verbal quotes or may require written quotes. In addition, site visits may be required. The department, at that time, will determine the quote submission deadline. The department would then establish individual purchases of service or commodities with one selected contractor.

Response Items

The items listed as part of the Response Sheet form will be used for evaluation purposes. In addition, these response prices for said items will also be considered Contract Prices throughout the initial duration of this contract. If the bidder does not offer the exact item listed in the response sheet form, the bidder may submit an equal product or better alternative product. If an equal or alternative product is quoted, bidder MUST include product specifications and MSDS sheets (if applicable) in order for evaluation and acceptance.

A bidder will not be disqualified, and will still be considered, if they cannot offer a full line of products.

All Other Items

In addition to the response items, this contract will allow any DOC facility to purchase any other items and related supplies that the contractor offers. Services and repairs are also included.

Contract rates for all other items, will be determined by the format requested on the Response Sheet form. The bidder may be required to quote a percentage off catalog price or “cost plus”. Said quotes will remain the same for the entire duration of this contract.

Contractors will be required to verify the accuracy of their billings by submitting, to the requesting department, official documentation such as manufacturer’s invoice at any time during the duration of this contract. The department will determine said number of intervals of requested verification. In said case, the invoice will not be processed until the department is satisfied with the documentation.

Vendors are required to submit, with their responses, a complete and current catalog and/or price list in reference to their response. Successful bidders will be obligated to initially submit 9 sets of catalogues/price lists to the SSL and will be obligated to keep the SSL updated with all catalogue amendments, and new catalogues during the entire duration of this contract. Contractors shall submit as many catalogues and price lists as requested at no charge to the Commonwealth during the entire duration of this contract.

Notice: Changes and adjustments/amendments to the contract may occur during performance if seen necessary by the department and only as approved by the SSL of this contract.

Contract Expansion: The department reserves the right to include, amend or negotiate any additional commodities or services to this existing contract in which the successful bidders offer, when necessary, and only as approved by the SSL of this contract, without having to conduct a separate competitive procurement.

The Department may choose any or all services for which a price has been bid for each facility. The Strategic Sourcing Team reserves the right to add subsequent Contractors to this contract at any time during the life of the contract based upon product availability as deemed necessary and appropriate. The Contractor may provide prices for services to that facility.

· Outright Purchase

This RFR will allow any Department of Correction site to outright purchase machines. Such purchase price will be negotiated and accepted by the Department. Price to include delivery and full installation, or as negotiated.

It should be noted that the Massachusetts Terms and Conditions and the Terms and Conditions of this RFR supersede any terms and conditions which are referenced on any Contractors’ documents.

WARRANTY:

Unless otherwise specified or negotiated and accepted by both the successful bidder and the department, this contract will assume the following warranty. All work, materials and labor performed under this contract shall be guaranteed to the owner by the contractor for a period of five (5) years (or the manufacturer’s warranty, whichever is greater) from the date of final acceptance. Final acceptance date is 30 days after delivery and performance and the department is completely satisfied of the operation and performance. In addition, the contractor shall pay for freight charges for all items that are returned under warranty.

Return Policy The bidder must include their written return policy with their written response. Replacements will be delivered as in accordance with the department’s request. If no return policy is specified and therefore accepted as part of this contract, this contract will assume that the department can return items to the contractor for up to one year for full refund. In addition, there will be no charge for returns, e.g., freight, re-stocking, etc.

Shipping or Freight or Delivery or Handling or Fuel Charges, etc. Delivery will be F.O.B. destination with no shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by users of this contract. Bidders/Contractors must respond accordingly. Payment for these expenses will not be processed under this contract and the invoice will be held for payment without penalty until a credit is received.

Per mile charges (mileage), or minimum charges Unless otherwise accepted and pre-approved (with bidder response) by the PTL of this contract, per mile charges (mileage), or minimum charges are not and will not be accepted. Any charge that is not accepted as part of this contract will not be processed for payment. Labor time will begin when the contractor has arrived at the facility and will end when the contractor leaves the facility. Contractors are required to obtain department employee signatures on all work orders. Said work orders must include date and time of arrival and departure. If they do not for some reason, the department reserves the right to dispute a questionable invoice and the department may verify the exact time via the department employee’s verbal or written verification. The contractor shall then credit the invoice and accurately re-bill the department within five (5) business days.

Timely Deliveries or Work Completion Deliveries and work will be completed in a timely manner. Timely manner duration will be established by the requesting facility. Complaints received by the department users of this contract to the PTL of this contract may result in immediate termination of the contract for that particular contractor.

Order Receipt and/or Work Completion Receipt The contractor is required to obtain department employee signatures as verification of shipment and/or work completion. It is highly encouraged that a copy of said document is attached to the vendor’s invoice in order to assist verification of receipt in the accounts payable department. Order receipts shall include origin of shipment, destination, PO#, detailed list of items including any stock#’s, dates of delivery, department signature, etc. Work orders or work completion receipts shall include contractor’s name, user department and contact name, PO#, dates of service, times of service (time in and time out) detailed scope of work performed, labor hours, items used for work, department signature, etc.

Purchase Order Numbers: The contractor will be responsible to obtain a purchase order number from the procuring department for all service requests and for orders. Said purchase order number should appear on all documentation, particularly on the invoice. NO SERVICE OR DELIVERY (unless a department employee has expressed an emergency) shall be performed unless an approved Purchase Order Number is assigned.

MSDS When applicable, MSDS information must be included in bidder’s response. Also, MSDS will accompany applicable deliveries.

Minimum Quantity Orders No minimum quantity per order is allowed.

Partial Shipments Although it is highly desirable that orders be shipped in their entirety, partial shipments will be allowed unless otherwise notified by requesting department.

Mark up % or Cost plus % If this contract requires bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other official documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification of error. This requirement may also be a part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliance (not charging the department the contract rate), it may also result in immediate termination of contract.

Charges for Quotes Charges for quotes will not be accepted as part of this contract. The department will not process and will not be responsible for any costs associated with quotes.

“Special Purchases” or “Bulk Orders” The department reserves the right and is entitled to take advantage of “close-out” pricing, sales or marketing incentive discounts, or other such negotiated discounts that a contractor would offer to other comparable clients and that would be of “best valued” to the department. In this case, the department reserves the right to negotiate said purchase with the contractor(s). In addition, the contractor may offer discounts for bulk (large) orders.

Materials and Work Any material in the work to be used shall be new, unused, and of recent manufacture and may be tested and inspected at any time by the department. All work or service provided under this contract by the contractor shall be completed in a professional and timely manner.

Insurance, License, Permit and Approval The contractor shall inform themselves as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in this contract. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract (throughout its duration) and this will be done at the contractor’s expense. The contractor shall, at all times during the entire contract duration, maintain all *necessary insurance coverage, including, but not limited to, worker’s compensation, at contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damage resulting from the contractor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

*Bodily Injury

*Property Damage

Out for Bid Although it is intended that a contract will be executed under this RFR, the department reserves the right, when felt in the best interest of the Commonwealth, to place any service or commodity that is covered under this RFR/contract out for bid (RFR process). The department reserves the right to contract with that successful bidder of that RFR.

Contractor Address Changes It is the responsibility of the contractor to notify the PTL of any change of address, including remit to address. The contractor shall immediately notify the PTL by submitting a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to”. If written notification is not received, changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

· Fee for Service

This RFR will allow any Department of Correction facility to process payment for service. Therefore, this RFR allows the Department to utilize the Contractor for service and for parts, on an as needed/requested basis. Contractor must obtain a valid purchase order number at time of service call. The Department may not process payment for any work performed without a valid purchase order number.

Upon receiving the service call from the Department, repairs shall be performed no later than 36 hours or as negotiated and accepted by the Department at time of call.

The following are some types which will be used in the Contract. These machines or equal are intended to be a part of this RFR, along with other models which can be negotiated with successful bidder. For evaluation purposes, the following machines will be used.

Commercial Grade Machines

3.2 Fiscal Terms / Pricing The acquisition method(s) to acquire goods and/or services from this Solicitation are:

· Outright Purchase

· Fee for Service

Compensation will be based solely on the pricing information provided by the bidder and accepted by the Department.

Bidders responding to this RFR must complete and return: Response Sheet 1 and Response Sheet 2.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

4 Other Terms

4.1 Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case, shall the Department be charged for any additional expenses pertaining to these and similar situations.

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property. Exceptions must have prior approval. Background checks will be completed for individuals performing any work inside DOC facilities under this contract and at any time during this contract. Upon request by the DOC, the contractor will provide the DOC with specific information to be used to complete background checks. Personnel shall be subject to the provisions of 103 DOC 225, Professional Boundaries Policy; specifically the dress code requirements stated in 103 DOC 225.03(8). Body piercing and tattoos that pose security risks shall not be allowed. The possession or use of any tobacco products are prohibited on Department property.

DOC Rules and Regulations: It must be fully understood by the bidders/contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexually Abusive Behavior Prevention and Intervention Policy.

The Contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including:

Prevention Planning:

(1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of inmates.

The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards, and must achieve a 100% passing score on all PREA audits initiated by the Department, ACA, and/or any other entity.

Before hiring or promoting employees who may have contact with inmates, the Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers of employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction.

4.2 Contractor’s Terms and Conditions

The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.3 Reporting

Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.4 Contract Management

The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract Manager if the bidder is having trouble obtaining any required attachments electronically through COMMBUYS. 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 Department employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR.

The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract. The primary end users of the services and products of the contract are representatives from the Department’s Special Operations Division and Office of Investigative Services.

Contract Manager:

Contract Monitor:

Brian Kearnan

Annmarie Rodrigues

Brian.Kearnan@MassMail.State.MA.US

508-422-3665

AnnMarie.Rodrigues@MassMail.State.MA.US

4.5 Change notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases additional paperwork will be required to effect the change.

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.6 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

· Name and address of Contractor

· Telephone number, fax number, and e-mail contact address

· Date of invoice and date of delivery

· Name and address of bill to department and deliver to department

· Name of Department contact person

· Date of invoice and date of delivery or service

· Detailed breakdown of items delivered or service performed

· Prompt payment discount terms

· Valid Department of Correction Purchase Order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

A copy of the delivery receipt or work order, which includes the department employee signature, shall be attached to the invoice.

Invoices should be sent, unless otherwise notified, to the proper Fiscal Unit listed in this RFR after the delivery or service has been completed. Invoices shall be date stamped when received by the department. The department’s goal is that the contractor receives payment within 30-45 days after the invoice has been accepted and received by the proper Fiscal Unit; unless a prompt payment discount is offered.

Any invoice, which does not meet these criteria, may be rejected by the department and returned to the contractor for correction, and the department will not be held responsible for late payments. The contractor must immediately re-submit as per the department’s request.

Account Statements and Charges Not Invoiced Monthly statements must be sent to the appropriate fiscal unit to the attention of the Accounts Payable Supervisor. If monthly statements are not generated and/or received by the appropriate Accounts Payable Supervisor, then any outstanding charges brought to our attention beyond the fiscal year’s end (June 30) will not be the responsibility of the Department to pay for; as funds will not be available.

Charges for services or deliveries must be invoiced to the Department by the contractor no later than thirty (30) days after work completion or final delivery. The department will not be responsible to pay for invoices which are initially generated greater than ninety days after work completion or final delivery.

Prompt Payment Discounts

Contractors are required to offer prompt payment discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits

Written credits will be issued to the fiscal office no later than two business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices

Tax Exempt

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax Exempt form from the Department.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR.

The contract resulting form this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

Account Numbers Although this contract may include any number of facilities within the Massachusetts Department of Correction, unless otherwise notified, each facility must have its own unique account number.

MASS Finanace web-site The Commonwealth has a web-site called “MASS Finance” which may assist vendors in researching either payments which have been made or are scheduled to be paid. https://massfinance.state.ma.us/VendorWeb/vendor.asp

Contractor Reports and/or Data Contractors must submit any and all reports or data, which are requested by the department and that, pertains to this contract. Contractors must submit these reports in a reasonable amount of time, which is considered 5 working days, or as negotiated and accepted by the department. Said reports or data may include, but are not limited to, dates of service/deliveries, purchase order numbers, quantities and costs, contract revenue, requesting facility, etc.

Normal Service Work Hours associated with this contract are as follows: (unless otherwise accepted and negotiated with successful bidder/contractor)

Normal Business Hrs

7AM until 5PM

Normal Delivery Hours Contractors may be restricted to certain hours of delivery. For example a Storehouse at a particular site may only accept deliveries from 7:30AM – 10:30AM and then from 1:00PM to 3:00PM. Contractors are required, at time of order request, to obtain information on hours of acceptable delivery. The department will not be charged, nor is responsible for any costs associated with deliveries that are not accepted.

Emergency Situations Because this contract will service Department of Correction correctional institutions, contractors need to understand that emergency situations may occur which could prevent approved scheduled services to be performed or deliveries to be made. In these situations, the contractor may not be let into the institution(s) or on the property, which would prevent the contractor’s performance. The contractor will make every effort to return in a timely manner to perform such services or make delivery. Contractors may be locked in a facility and may not be able to exit in a timely manner. The department will not be charged for any expense which pertains to these and similar situations.

Rules and Regulations The contractor shall familiarize themselves and abide by the Commonwealth and Commonwealth of Massachusetts Department of Correction and Institutional Rules and Regulations. It should be noted that convicted felons are not allowed on DOC property. Background checks will be completed for individuals performing any work under this contract and at any time during the duration of this contract. Therefore, contractors may be required to complete a Background Information Request and Waiver form at any time. In addition, contractors’ equipment, tools and vehicles will be checked, searched and approved prior to entering and prior to leaving the institution or at any time during contract performance. Contractors are required to maintain the security and confidentiality of any records or data of the department obtained or used by the contractor in their performance. Jeans of any color are not allowed inside the correctional institution(s). Contractors will not be allowed into the institution(s) if wearing jeans of any color. Tobacco products are not allowed on DOC property.

Terms and Conditions The department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Massachusetts Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions is signed, it is immediately considered void.

Recycling Efforts/EPP Program. The Commonwealth of Massachusetts is dedicated to the purchase of environmentally sound products, such as those that contain recycled material, reduce waste, conserve energy and water, and/or reduce or eliminate toxic materials. Bidders are encouraged to keep this in mind when submitting their bid response packages. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, bidders are encouraged to comply with the following:

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on paper made with tree-free fibers.

· Unless absolutely necessary, all bids and copies should minimize or eliminate the use of non-recyclable or non- reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three-ringed binders, glued materials, paper dividers, paper clips and staples are acceptable.

· Bidders should submit materials in format that allows for easy removal and recycling of materials.

· Besides the required forms within this RFR, please do not submit a copy of this RFR with your response package (we have one!) – thanks anyway.

Bid/Response Rejection The department reserves the right to reject any or all bids(responses), in whole or in part and for any reason deemed necessary.

Contract Amendments The department reserves the right to amend this contract. The department may negotiate changes to the original performance measures, reporting requirements or payment methodologies associated with performance at any time during the contract duration if they are consistent with the specifications of this RFR. The department reserves the right to negotiate and execute contract amendments with the contractor(s) in which the department determines as necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

Contract Termination The department reserves the right to amend or terminate the contract, with or without cause, at any time, without prior notice and upon any time felt necessary by the department.

Renewal Renewal Rates may be negotiated at the time of the renewal offer.

4.7 Performance Measures

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

Performance evaluations will be a part of this contract. The Department may evaluate the contractor’s performance at any time. Poor performance evaluations may result in immediate termination of the contract. In said case of termination, the right is reserved to offer the remaining duration of this contract (including renewals) to an original bidder who was not chosen. Said contractor would be under the same obligations and requirements of this contract at either their original bid rate or a negotiated rate approved by the STL. Poor performance may also be a concern and consideration when evaluating the renewal extension options.

4.8 Contract Amendments

The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.9 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

5 Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Department to receive a Contract award.

The Department is looking for the “best value” response which provides the greatest quantify of services at the highest quality.

Below are the criteria and maximum points available:

Criteria;

Maximum Points Available

Pricing

Prompt Payment Discount

Required Documentation/Specifications

Business Reference

Subtotal:

Supplier Diversity Plan: (minimum of 10% weight)

Total:

Added Value: (Up to 5 possible points each added value)

Added Value is determined solely by the Strategic Sourcing Team (SST). Added Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points on a case by case basis.

5.1.1 Supplier Diversity Plan (minimum of 10% weight)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.1.2 Best and Final Offer (BAFO)

After the deadline for response submission, the department reserves the right to extend a Best and Final Offer opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

HOW TO SUBMIT A Proposal and quote Bid Response Method

Online Bid Submission via COMMBUYS is required. All bids will require the submission of electronic quotes. Responses must be sent via the “Create Quote” functionality in COMMBUYS.

Instructions for Vendors Responding to Bids in COMMBUYS:

Bidders will be required to respond electronically in COMMBUYS.

Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l.…