RFR 2018-DOC-Expert Witnesses~3.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: Expert Witnesses for the Massachusetts Department of Correction ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-17-1025-DOCFS-1000J-17473 Agency Document Number: RFR # 2018-DOC-Expert Witnesses Issue Date: June 20, 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

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 …………………………………………………………………………….. 12

Evaluation criteria 5.1.1 Supplier Diversity Plan 5.1.2 Best And Final Offer (BAFO) HOW TO SUBMIT A quote……………………………………………………………………15

6.1 Instructions for submitting a Paper Proposal…………………………………………… 18 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………………… 19 7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions…………………………………………………………………………………………… …20

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…………………………………………21 Appendix 3 - Other Required Dept. of Correction Specifications……….26 APPENDIX 4 Instructions for Execution and Submission of Commonwealth Standard Forms appendix 5 – glossary

ATTACHMENT A - RATE SHEET……………………………………………………………………33

BID SUBMISSION CHECKLIST………………………………………………………………………34

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking to establish a list of qualified contractors with professional subject matter expertise in a wide range of areas for expert witness services to include, but not be limited to, the rendering of independent opinions, policy reviews and recommendations, submission of legal testimony, consulting services, and the authoring of reports as requested. Expert witness services may be sought in any area within the policies, practices, and operations employed by the Department. Examples of expert witness services may include, but not be limited to, the areas of handwriting analysis, religious services court testimony, reviews of medical and mental health services, and forensic analysis of electronics.

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. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies defined as eligible entities, can select.

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 2 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)

The acquisition method to acquire goods and/or services from this Solicitation is:

Fee for Service/Rate contract

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:

1.9 Estimated Value of the Contract

This is a rate contract.

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

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

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.

All written questions must be submitted to:

SST Leader name: Brian Kearnan SST Leader title: Director of Contract Services E-mail address: 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 rather than in an attachment. The subject of the e-mail should include the words “RFR #2018-DOC-Expert Witnesses”. 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 – within 14 days from submission of question.

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 Additional required terms appear in the Appendices to this RFR.

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking to establish a list of qualified contractors with professional subject matter expertise in a wide range of areas for expert witness services to include, but not be limited to, the rendering of independent opinions, policy reviews and recommendations, submission of legal testimony, consulting services, and the authoring of reports as requested. Expert witness services may be sought in any area within the policies, practices, and operations employed by the Department. Examples of expert witness services may include, but not be limited to, the areas of handwriting analysis, religious services court testimony, reviews of medical and mental health services, and forensic analysis of electronics. The intent of this RFR is to establish a list of qualified contractors with professional subject matter expertise to be utilized as expert witnesses as needed.

In this RFR the Department is also seeking to establish a list of qualified contractors who specialize in providing forensic analysis of electronics. This area of expertise is highly desirable. Preferred areas of specialty in forensic analysis include computers, cell phones, video and audio.

The contractor may from time to time be requested to enter a prison facility in order to fulfill its obligations under this contract.

The contractor may be requested to review Department records, policies, or procedures and to make recommendations for changes or improvements based on the application of the appropriate subject matter expertise of the contractor who is qualified by virtue of education, training and experience to make such judgments or draw such conclusions.

The contractor may be required to make court appearances and provide testimony in court.

The contractor may be required to be present and provide testimony at various administrative hearings/reviews as requested by the Department, (e.g. Commissioner Hearings, Civil Service Commission, Massachusetts Commission Against Discrimination, etc.).

The contractor may be a business or individual. For a business/organization, the Department will require prior approval of any individual or group proposed to provide services under this contract.

The Department reserves the right to request any contractor or independent consultant to conduct training for Department personnel in their area of expertise.

CONTRACTOR’S QUALIFICATIONS: The Contractor shall demonstrate the appropriate education, experience, licensing and certification to investigate the matter at issue and render an opinion. If expert witness testimony is required, the Contractor shall also provide full and complete documentation of prior qualification as an expert witness, specifying the cases and courts in which he/she was qualified as an expert witness and the parties upon whose behalf he/she testified as an expert witness.

Prior correctional research and consultant experience preferred. Strong consideration will be given to bilingual individuals or businesses/organizations.

Evidence of Expertise:

Bidders should provide evidence that they have the sufficient education, training, experience, and familiarity with the subject matter of their identified field of expertise. Such evidence should include the following:

· Education and Degrees (including academic institutions attended, dates of attendances, degrees received and academic honors)

· Training (including institution, dates and certifications received)

· Licensure (including jurisdiction and dates of licensure)

· Publications (including books, chapters, peer reviewed journals, other articles and book reviews)

· Experience (including institutions where employed and dates of employment)

· Academic Appointments (including institutions, position and appointment dates)

· Consultation (including clients and nature of work performed)

· Court testimony (including court, case, party represented, and nature of testimony)

· Other professional activities (including membership in organizations, task forces, professional boards, committees, etc.)

· Honors

· Professional Society Memberships (including offices held and dates)

If the scope of services includes the performance of services subject to licensing, certification or registration by the Commonwealth of Massachusetts (e.g., conducting clinical evaluations), the Contractor must demonstrate that he/she is licensed, certified or registered by the Commonwealth of Massachusetts as necessary to fulfill the requirements of this contract.

3.2 Fiscal Terms / Pricing Compensation will be based solely on the pricing information provided by the bidder and accepted by the Department.

This contract will be a rate contract. Vendors are to submit with their response a completed Rate Sheet, Attachment A. The rates are defined in four categories listed below. Vendors must also list, define, and quote a rate for any other categories for which reimbursement is sought in Attachment A.

The Department may request a written quote prior to the specified expert witness services requested. Any increase to the original anticipated costs must be reviewed and approved, in writing, by the Department before any additional services beyond the original quote are rendered.

The rates are to be all-inclusive, including all administrative and support services required to meet the specifications and scope of services of this Request for Response.

At a minimum, rates shall be defined as the categories listed below:

· Consultation/Conference/includes in person or on telephone

· Detailed Written Report

· Record/Policy Review

· Court Appearance

(to include any formal or informal Court/Hearing/Deposition and any and all actual testimony provided)

· Other

The Department may negotiate reimbursement to the vendor for the cost of travel, lodging, food, or similar expense that the vendor may incur, with prior written approval from the appropriate Department designee. The Department will not reimburse for alcoholic beverages.

The Department is seeking firm fixed pricing for the first 3 years of this contract. Rate increases may be reviewed when exercising options to renew. Contractors seeking price adjustments (upon original contract expiration or renewal option expiration) must submit to the Department 60 days prior, a request in writing to the SST Leader. All rate changes are subject to the approval of the Department.

All contracts will have an initial expiration date of 3 years with 4 options to renew, up to 1 year for each option. All contracts will end on June 30, 2024.

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 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 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.

Contract Manager:

Contract Monitor:

Brian Kearnan

Department of Correction – Legal Div.

508-422-3314

617-727-3300

Brian.kearnan@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

Payment

Invoices will be sent to the proper fiscal office by the contractor no later than 30 days after completion of service or receipt of goods. Contractor invoices at a minimum should include the following:

· Name and address of contractor

· Telephone and fax number

· Date of invoice and date of delivery or service

· Name of department contact

· Prompt payment discount terms

· Valid DOC purchase order number

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 and M.G.L.C. 7A & 5.

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.

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.

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.

· Respond to Department inquiries in the requested time frame

Contractors are to attend meetings or appointments as agreed upon with the Department. Failure to attend meetings or appointments as agreed upon may result in termination of the contract.

· Available to review policies, procedures and records within the requested time frame

Contractors are to review policies, procedures and records as agreed upon with the Department. Failure to review policies, procedures and records as agreed upon may result in termination of the contract.

· Reports are of professional quality, clear, concise and submitted in the requested time frame

Reports are to be submitted within requested time frame of a review/evaluation. Failure to submit professional quality reports may result in termination of the contract.

· Services are performed within budget

Invoicing for services rendered is within original anticipated budget, or subsequent approved budget, within 30 days of services performed. Failure to submit accurate and complete invoices may result in termination of the contract.

· Professionalism

Contractors are to conduct themselves in a professional manner and in compliance with department standards. Failure of contractors to conduct themselves in a professional manner may result in termination of the 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. 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

Rate of compensation

50 points

Credentials and specialty designation

50 points

Demonstrated correctional experience

25 points

Demonstrated experience providing testimony

25 points

Subtotal:

150 points

Supplier Diversity Plan (min 10% of weight)

15 points

TOTAL POINTS AVAILABLE

165 points

Added Value

Up to 5 points for each added value offered as determined by the Department as a viable added value available.

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 8. 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.

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. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

Note to Bidders:

A) Bidders must enter a unit cost or check no charge if no specific dollar amount is required for the quote. Bidders submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DOC. “No Charge” must be checked or a dollar amount entered in the Unit Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

B) To protect security-sensitive and personally identifiable information, bidders must designate specific attachments as “confidential” prior to submitting their quotes.

COMMBUYS Support

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

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

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

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

6.1 INTRUCTIONS FOR SUBMITTING A PAPER PROPOSAL– Bidders must also submit their response in a sealed envelope that is clearly marked with the RFR reference number “RFR # 2018-DOC-Expert Witnesses, to the following address:

Commonwealth of Massachusetts

Massachusetts Department of Correction - Headquarters

50 Maple Street, Suite 3

Milford, MA 01757

Attention: Brian Kearnan, Director of Contract Services

E-Mail: brian.kearnan@massmail.state.ma.us Quotes must be submitted in a sealed envelope and include one (1) original signed copy and (2) duplicate copies.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

Any submission which fails to meet the submission requirements of the RFR may be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the bidder to make minor corrections to the submission.

Bid Opening Date/Time (aka Deadline for Proposals)

Responses are due no later than April 30, 2024 (2 months before the contract maximum end date) to the address listed above.

Bidders must be aware that the Department of Correction Headquarters, located in Milford MA, is a secure building. Bidders will be required to produce and surrender photo identification to security personnel at the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notification must be made in advance with the SST leader if you are considering hand delivery as packages are not allowed to be left at the main desk.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

LATE QUOTES WILL NOT BE CONSIDERED.

6.2 Environmental Quote Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the Quote.

· Unless absolutely necessary, all Quotes and copies should minimize or eliminate 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 clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their Quotes are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

7 Appendix 1 – Required Terms for all RFRs

7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy

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

7.1.2 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

7.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.2.2 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

8 Appendix 2 - RFR - Required Specifications For Commodities and Services Revision Date:

June 6, 2016 In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

COMMBUYS Registration. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in…