RFR_2017-DOC-Vending Machines.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: Vending Machine Operations COMMBUYS Bid#:

BD-17-1025-DOCFS-FISCM-15167

Agency Document Number: RFR # 2017-DOC-Vending Machines Issue Date: April 27, 2017

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 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

1.8 Contract Duration 1.9 Estimated Value of the Contract Estimated Procurement Calendar 2.1 Written Question and Answer Process

2.2 Amendment Deadline

…5

2.3 Bidders Conference and Site Visits………………………………………………………….. 5

2.4 Oral Presentations/Demonstrations…………………………………………………………..6 Specifications 3.1 Scope of Services / Other Requirements………………………………………….……..12 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 …………………………………………………………………………….. 18

Evaluation criteria 5.1 Supplier Diversity Plan 5.2 Best And Final Offer (BAFO) HOW TO SUBMIT A quote……………………………………………………………………21

6.1 Instructions for Submitting a Paper Proposal…………………………………………… 24 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………………… 25 7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions……………………………………………………………………………………………. 26

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…………………………………………27 Appendix 3 - Other Required Dept. of Correction Specifications……….32 APPENDIX 4 Instructions for Execution and Submission of Commonwealth Standard Forms appendix 5 – glossary And Definitions

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for vending machine operations at all Department of Correction institutions and other Department of Correction buildings. The Department of Correction would prefer a single Contractor to provide all services required by this RFR. A single Contractor is highly desirable. However, the Department has structured this RFR to permit bidders to submit bids on one or more of three defined regions of this RFR, as described further in this document.

1.2 Applicable Procurement Law

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

· MGL c. 7, § 22 to 26 inclusive; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The Department may award a single contract or multiple contracts.

1.4 Adding Contractors after Initial Contract Award

The Department may award a single contract or multiple contracts. The Department will not add additional Contractors after the initial award(s).

1.5 Eligible Entities

This RFR is a “Non-Statewide / Limited User Contract”. This procurement option is conducted and managed by a single Department on behalf of a selected group. Therefore, the resultant contract(s) from this RFR will be open for use to the Issuing Entity (DOC), and the Department reserves the right to open this contract for use to the Massachusetts County Sheriffs and other agencies under the Executive Office of Public Safety and Security upon request. Other Agencies requesting to use this contract must submit a request in writing to the DOC. Approvals granted, if any, will be in writing.

1.6 Acquisition Method(s)

The Contractor will pay commission to the Department based on a fixed percent of the gross revenue from vending machine sales.

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

All term or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements for services may be executed after the contract has expired.

1.8 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Up to 2 years

Total Maximum Contract Duration

8 years

1.9 Estimated Value of the Contract

The Contractor will pay commission to the Department based on a fixed percent of the gross revenue from vending machine sales.

There is approximately 189 vending machines currently in use in DOC. Vending machine usage data will be provided on www.commbuys.com, 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.

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.

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

Bidder Oral Presentations / Product Demonstrations

(If Required) July / August 2017

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: June 1, 2017 by 2:00 PM 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:

Brian J. Kearnan Director of Contract Services

Brian.Kearnan@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 or in a Word attachment. The subject of the e-mail should include the words “RFR 2017-DOC-Vending 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:

June 9, 2017 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 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.

2.3 Physical Bidders’ Pre-Bid Conference (in person)

The Bidders’ Conference is the physical conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance at the Bidders Conference is highly recommended.

Bidders’ Conference:

Date:

May 24, 2017

Time: 9:30 AM

Location: 1st Floor / Department of Correction Headquarters

50 Maple Street, Suite 3, Milford, MA 01757.

Bidders must email: Brian J. Kearnan (Brian.Kearnan@MassMail.State.MA.US) a list of all individuals attending the bidders conference by no later than May 15, 2017. It is the bidder’s responsibility to verify receipt of list.

Site Visits:

NOTICE: To attend the Site Visits, Bid Intent Forms MUST be submitted to Brian J. Kearnan (Brian.Kearnan@MassMail.State.MA.US or FAX Number 508-422-3383) by no later than by May 15, 2017 2:00PM. It is the responsibility of the bidder to verify receipt of the form. Completed Bid Intent Forms are required for security clearance for entry into the Institutions. Jeans of any color are not allowed inside correctional facilities.

Bid Intent Forms due:

May 15, 2017 by 2:00 PM Site visits will be conducted as follows:

Date: May 24, 2017 Time: Immediately following the Bidders Conference

Location: 1st floor of DOC Headquarters (walkthrough of 1st floor) 50 Maple Street, Suite 3, Milford, MA 01757.

Date: May 24, 2017

Time: 2:00 PM

Location: MCI Norfolk

2 Clark Street, Norfolk, MA 02056

Date: May 25, 2017

Time: 9:30 AM

Location: MCI Framingham

99 Loring Drive, Framingham, MA 01704

2.4 Oral Presentations/Product Demonstrations

If requested, bidders may be required to provide the Department with an oral presentation/product demonstration. Selected Bidders who are asked to participate in oral presentations/product demonstrations will be expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points or other action that the SST deems appropriate. If required, the Department estimates oral presentations/product demonstrations will take place during the months of July or August, 2017. This time frame is an estimate.

3 Specifications:

Background of Issuing Entity:

The Massachusetts Department of Correction is part of a larger criminal justice system in the Commonwealth that includes local and state police departments, county sheriffs, the criminal court system, the district attorneys and public defenders attached to the courts, and multiple correctional agencies that have been established at various times throughout the history of the Commonwealth by separate enabling statutes.

The Department of Correction is an agency consisting of 16 correctional facilities that currently house approximately 9,300 inmates with an operating budget of over 500 million dollars that includes over 5,000 employees. The Department services three unique populations within its facilities: Criminally Sentenced, Awaiting Trial/Detainees, and Civil Commitments.

The Department of Correction’s mission is to promote public safety by managing offenders while providing care and appropriate programming in preparation for successful reentry into the community.

The Department operates the following 16 facilities:

Boston Pre-Release Center

North Central Correctional Institution

Bridgewater State Hospital

Northeastern Correctional Center

MCI Cedar Junction

Old Colony Correctional Center

MCI Concord

MCI Plymouth

MCI Framingham

Pondville Correctional Center

MA Alcohol & Substance Abuse Center

MCI Shirley Medium & Minimum

MA Treatment Center

South Middlesex Correctional Center

MCI Norfolk

Souza Baranowski Correctional Center Vending Machines Equipment and Product Requirements:

The Department is seeking responses for vending machine operations at all Department of Correction institutions and other Department of Correction buildings. The Department would prefer single Contractor to provide all services required by this RFR. A single Contractor is highly desirable. However, the Department has structured this RFR to permit bidders to submit bids on one or more of three defined regions of this RFR, as described further in this document.

Vending machines will be installed in the institutions and other locations listed below. Each facility also has the number of machines as indicated below currently located at the facility:

Number of Machines (Updated April, 2017) Bridgewater State Hospital

Old Colony Correctional Center Massachusetts Treatment Center

Massachusetts Alcohol and Substance Abuse Center

(MASAC) 7

MCI Plymouth South Middlesex Correctional Center MCI Framingham MCI Norfolk MCI Cedar Junction Pondville Correctional Center MCI Concord Northeastern Correctional Center North Central Correctional Institution Souza Baranowski Correctional Center MCI Shirley (Medium/Minimum) 27 Boston Pre Release Total:

a) Vending Machine Locations:

Note to Bidders: The Department of Correction is effecting a mission change whereby civilly committed males currently committed to MASAC pursuant to G.L. c. 123, § 35 will be transitioned from the existing MASAC in Bridgewater to MASAC at MCI-Plymouth. Accordingly, adjustments to the number of vending machines at MASAC and Plymouth may be negotiated between the Department and the Contractor.

The number of vending machines at ancillary locations (e.g., Norfolk Industries Drive Administration Building, Inmate Transportation Division at Norfolk, etc.) may be negotiated between the Department and the Contractor.

The vending machines will only be installed in the areas specified. The type and quantity of machines shall be determined by each individual facility and the Department reserves the right to amend types and quantities of machines at any time during the duration of this contract. The vending area will not be used by the Contractor for any other purpose than providing vending machine service at the respective facilities.

The Contractor at his/her own expense shall install all machines.

The Department shall be responsible for the utility usage of said machines after installation.

Department of Correction Central Headquarters:

In addition to vending machines being installed in the institutions and locations noted above, the Department is seeking the installation of vending machines at its Central Headquarters building located at 50 Maple Street in Milford, MA 01757. This three story building currently provides office space for the Department of Correction and the Department of Public Safety (“DPS”). The Department of Correction currently has approximately 20 divisions assigned to the building comprised of approximately 191 employees. The Department anticipates expanding the number of central office staff assigned to 50 Maple Street in the future. The Department of Public Safety has approximately 20-25 staff assigned to the building, and may also expand at the location. In addition, there is ample meeting space in the building and DOC and DPS typically hold daily trainings, meetings and appointments that are attended by staff not ordinarily assigned to the building thereby increasing potential vending machine consumer traffic throughout the day.

The Department envisions vending machines being installed on the first floor at Central Headquarters. The number and location of vending machines may be negotiated.

The Contractor at his/her own expense shall install all machines.

The Department shall be responsible for the utility usage of said machines after installation.

b) Vending Machines:

Vending machines for all facilities must be equipped with the cash free card system. It would be desirable to the Department if the contractor had the ability to provide equipment that could be monitored remotely on a wireless system. Coin operated vending machines will be allowed only in areas approved by the Department. The Contractor must supply all cash free cards used for vending at no charge to the Department or the consumer.

The Contractor will be responsible for the repair and maintenance of the vending machines to include the following:

· The Contractor will furnish sufficient trash receptacles and install a minimum of stand-up tables, if required, at the vending machine area. Plastic ware, paper napkins, drinking straws (if allowed by the facility) and other condiments are to be made available at no cost to the Department or consumer. This expense will be the burden of the Contractor.

· The Contractor will adhere to individual institutions’ servicing policies, as established by the Superintendent or their designee.

· Vending machines are to be serviced and sanitized by uniformed bonded service personnel regularly and as often as required. Maintenance service is to be available as required and all service personnel must abide by the rules and regulations of the Department and respective institution.

· The Department will not be liable for the theft or damage to vending machines, receipts or merchandise due to vandalism, theft or utility malfunction. Any machine or merchandise to be determined unsuitable by the Superintendent, or designee, must be replaced by the Contractor with an acceptable brand or type, within 10 days of notification by the Superintendent, or designee.

· The Contractor must establish appropriate re-stocking schedules to ensure that food products with “sell by dates” in the vending machines are removed before the expiration has passed and removed from the premises.

· In the event of vending machine malfunction, the Contractor will refund money to the consumer. The Contractor will be required to display, in each machine, a notice stating where refunds may be obtained. The Contractor will be notified of any machine malfunction and will be required to repair said machine(s) within 48 hours.

· The Contractor will be required on a semi-annual basis to furnish the Department with an updated inventory of all equipment and the location of said equipment.

· It is the responsibility of the Contractor to provide a single point of contact with a 24-hour emergency telephone number to the Department for repair and maintenance of the vending machines.

All vending machines installed under this bid will comply with all applicable codes and regulations by jurisdictions having authority for vending of food and beverages.

c) Vending Machine Product Requirements:

Included with the proposal, the bidder will supply a list of items by individual machine listing product size, brand and selling price. This list should include, but is not limited to, the following categories:

Candies, mints, cookies, etc. - all major brands

Hot drinks - coffee, hot chocolate, and soup (seasonal)

Bottle soda - cola, sprite, root beer, orange, diet soda - all major brands Sports drinks – e.g., Gatorade, Powerade - all major brands

Milk - white, chocolate and coffee

Juices – e.g., Capri Sun, Snapple, Campbell’s V8, Veryfine, Ocean Spray, and other major brands

Bagged snacks - pretzels, chips, nachos, etc. - all major brands

Pastry/Fresh Food/Sandwiches - varied, including fresh sandwiches and wraps, salads, bagels, breakfast sandwiches, pastries, etc.

Microwave items - popcorn and other various microwave food

Ice cream – frozen products The above brands are listed as examples only. The Department is not mandating specific brands. Bidders should identify all applicable brands they sell within their response.

The Contractor is encouraged to offer healthy food items. The Department considers healthy food offerings highly desirable.

The Contractor is encouraged to offer “child-friendly” items in facility visiting room vending machines. The Department considers child-friendly offerings highly desirable.

No substitution of products, from the approved list, is allowed without prior written approval of the Department.

d) Vending Machine Commission and Pricing:

The Contractor will agree to pay each facility a commission as outlined in Attachment A according to a schedule agreed upon by the parties, and the commission shall be calculated from the cash receipts collected from the vending machines. The institution/complex reserves the right to verify said collection at any time. Commission payments by the Contractor shall be made monthly, within fifteen days of the end of the billing cycle. A statement outlining the number of units sold per machine shall accompany each payment.

Pricing shall remain fixed for the initial duration of the contract (up to two years). Any subsequent price changes occurring during the total contract period (encompassing contract options to renew) may be negotiated and must have prior written approval by the Department.

The Contractor will be responsible for the payment of all state and federal sales taxes and any other taxes imposed by any other governmental entity so authorized.

The Contractor shall maintain books, records and other compilations of data pertaining to the performance of the provisions of this contract and in such detail as to properly substantiate payment as contained herein. The Department shall have the right at reasonable times and upon reasonable notice to examine the financial records which pertain to these provisions and requirements.

e) Bidding Components:

The Department of Correction would prefer a single contractor to provide all services required by this RFR. A single Contractor is highly desirable. However, the Department has structured this RFR to permit bidders to submit bids on one or more of three defined regions of this RFR. The three regions of this RFR consist of the following:

Region 1 - MCI Concord, North Central Correctional Institution, MCI Shirley Medium and Minimum, Souza Baranowski Correctional Center, Northeastern Correctional Center, MCI Framingham, South Middlesex Correctional Center.

Region 2 – DOC Milford Headquarters, Boston Pre-Release Center, MCI Norfolk, MCI Cedar Junction, Pondville Correctional Center, Norfolk Industries Drive Administration Building. Inmate Transportation Division at Norfolk.

Region 3 - Bridgewater State Hospital, Massachusetts Treatment Center, Old Colony Correctional Center, MA Alcohol & Substance Abuse Center, and MCI Plymouth.

Contracts for each region will be awarded in whole, not in part. The Department reserves the right to add or reduce vending machine locations at any time during the contract duration.

Contractor Profile:

The Bidder shall provide, as part of its response to the Department, a complete business profile to include, but not limited to, number of years in business and overall business history and summary of experience. Experience in correctional settings is highly desirable.

3.2 Scope of Services / Other Requirements:

Insurance Coverage: The Contractor shall at all times during the contract maintain all necessary insurance coverage. The Contractor must obtain all necessary licenses and permits as may be required to carry out this contract. The Contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damages resulting from the Contractor’s work and/or performance shall be repaired and/or reimbursed at the Contractor’s expense.

Penalties: The Department may impose the penalties and fines stated in this RFR for any aspect of required specifications that the Contractor fails to comply with as defined in this document.

· The Contractor will be notified of any machine malfunction and will be required to repair said machine(s) within 48 hours. Any failure to adhere to this may result in a fine ranging from $100 to $500 per occurrence.

· Any machine or merchandise to be determined unsuitable by the Superintendent, or designee, must be replaced by the Contractor with an acceptable brand or type, within 10 days of notification by the Superintendent, or designee. Any failure to adhere to this may result in a fine ranging from $100 to $500 per occurrence.

· Any price changes occurring during the contract period must have prior written approval by the Department. Any failure to adhere to this may result in a fine ranging from $100 to $500 per occurrence.

Contractor Staffing: If applicable, all Contractors must provide the Department with a listing of positions, job descriptions, hourly wage and functions for staff as well as describe any staffing needs for each site. Contractors will also provide a description of administrative support and staffing; to include, area management by name, title, job responsibilities and locations of offices, as applicable. For any future expansion to this contract, staffing levels at the future sites will be negotiated. Staffing levels should be commensurate with acceptable delivery of service as defined in this Request for Response.

The Department requires that a Manager be responsible for the daily operations be committed to this contract and must maintain an office locally. If the Contractor’s Manager cannot maintain an office locally, an acceptable alternative must be presented to the Department and accepted by the Department. Monthly meetings for contract implementation, problem solving and contract monitoring may be required initially. The Contractor must provide the name of the Manager and identify a local office as applicable in their response.

Employees of the Contractor must comply with all Department and Institution rules and regulations concerning employment. This may include extensive background checks, fingerprinting and pre-service orientation training. The possession or use of any tobacco products are prohibited on Department property.

Training: The Department requires that all employees of the Contractor that are working inside a DOC facility and have inmate contact shall attend a New Employee Orientation (40 hours) prior to undertaking their job assignments. At a minimum the orientation may include instruction in the following: the purpose, goals, policies, and procedures for the facility (if applicable) and the Department; security and contraband regulations; key control; appropriate conduct with offenders; responsibilities and rights of employees; universal precautions; occupational exposure; personnel protective equipment; biohazard waste disposal; fire and emergency procedures; safety procedures; interpersonal relations; communication skills; sexual harassment; and an overview of the correctional field. The sophistication level and amount of training should be based on the employee’s need to know and their job assignment.

The Department will provide all New Employee Orientation training, but will not be responsible for any payroll payment to the Contractor or employees of the Contractor, or for any other expense incurred. Contract staff with regular inmate contact must complete a minimum of 40 hours of training annually and Contract staff with minimal inmate contact must complete a minimum of 16 hours of training annually after the initial 40-hour training in accordance with the 103 DOC 216 Training and Staff Development Policy. The Manager is responsible for monitoring and documenting the annual training for each staff person and submitting reports to the appropriate training officer/coordinator.

Contract personnel who are employed under this contract may be required to have documentation from their own physician prior to their employment stating that they are able to perform the duties and responsibilities of the position for which the Contractor hires them.

Contract personnel that routinely enter a DOC facility will receive Department identification cards upon completion of orientation. The Contractor is responsible for returning contractor personnel identification cards to the Department when Contractor personnel end their employment with the Contractor or no longer work at any Department facilities. Failure to return contractor personnel identification cards may result in a penalty of up to $25 per card from the Contractor. The loss of an identification card is to be reported within 24 hours and the cost of replacement is to be borne by the Contractor.

4.

OTHER TERMS

4.1 Department of Correction (DOC) Terms

As 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 shall provide the DOC with specific information to be used to complete background checks. Contractor 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 Sexual Harassment / Abuse Response And Prevention Policy (SHARPP), 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, Sexual Harassment / Abuse Response And Prevention Policy (SHARPP).

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 Personnel, agents, distributors, resellers, Subcontractors, officers or 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 Standard Contract 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 Director of Contract Services. The Director of Contract Services is the Strategic Sourcing Team Leader.

The Department’s Director of Contract Services is the point of contact for interested bidders during the procurement process. Bidders may contact the Director of Contract Services 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.

Director of Contract Services / SSTL:

Contract Monitor:

Mr. Brian J. Kearnan

Mr. Gary Temple

DOC Headquarters

DOC Headquarters

508-422-3314

508-422-3429

Brian.Kearnan@MassMail.State.MA.US

Gary.Temple@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 Director of Contract Services. 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 (not applicable to this contract)

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 of Department contact person

· 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.

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 commodities or services will be purchased from any contract resulting from this RFR.

The contract resulting from 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.

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 a contract 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.

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. Price changes may be negotiated and must have prior written approval by the Department. Renewal terms 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 Product Requirements & Inventory (Includes Product Listing)

Prices

Contractor Profile/Business History/Experience

(Includes Correctional Experience)

Commission

Staffing Pattern / Point of Contact for the Daily Operations

Service/Maintenance

Bidder Oral Presentation

Subtotal:

Supplier Diversity Plan (minimum of 10% weight)

Total:

Added Value: (Up to 5 possible points each added value) Note to Bidders: 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 Supplier Diversity Plan (SDP) (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 8. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.2 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.

6 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. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. If “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid.