RFR 21-10-MCD Contract Interpreters Multiple Positions Rolling Enrollment.docx

Massachusetts Commission for the Deaf and Hard of Hearing Request for Response RFR 21-10-MCD: Contract Interpreters / Transliterators for the Deaf and Hard of Hearing - Multiple Positions, Rolling Enrollment

Massachusetts Commission for the Deaf and Hard of Hearing Request for Response RFR 21-10-MCD: Contract Interpreters / Transliterators for the Deaf and Hard of Hearing - Multiple Positions, Rolling Enrollment

COMMBUYS Bid Number

Open Market Bid BD-21-1067-MCD01-MCD01-54851

1. Description or Purpose of Procurement:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) seeks to develop one or more contracts with qualified sign language Interpreters/transliterators for an agreed-upon number of work hours per week with guaranteed pay for such hours. MCDHH will accept letters of interest and resumes from interpreters and transliterators wishing to provide a fixed number of hours of service on a fixed schedule in response to defined MCDHH needs. The process of matching MCDHH's requirements for interpreters and transliterators with applicants to this RFR and additional applicants identified through general community and social media is spelled out in Section 12, "Evaluation Criteria."

Applications will be accepted throughout the bid availability period which ends June 30, 2031. Individual contracts will be issued for a single fiscal year beginning July 1 and ending June 30 or a portion of a fiscal year with start date and end date at any times during the fiscal year.

Key differences between this solicitation and the predecessor solicitation for Contract Interpreters, RFR 15-20-MCD, are:

· All contracts end on June 30 of the fiscal year (or earlier) and are not automatically renewed beyond June 30 of the fiscal year of origin. In order for MCDHH to manage its fiscal responsibilities it needs to carefully monitor and adjust its spending, including but not limited to its interpreter contracts. MCDHH will communicate its requirements for Contract Interpreters as far in advance as possible.

· Hourly compensation rates will be based on, but not necessarily equal to, MCD06 rates. Individuals holding these contracts receive a number of benefits that freelance MCD06 interpreters do not: guaranteed compensation for blocks of time; freedom from having to seek jobs week in and week out; payment for their time at their full compensation rate when driving between successive jobs during a single working day; Commonwealth retirement contribution; and accrual of up to forty hours annually paid sick leave for contractor full time (37.5 hours weekly) service and pro-rated appropriately that carries forward if unused. These are valuable contractor benefits. MCDHH is recognizing this in the monetary value via the MCD06 rate adjustment.

· Provision of mentorship and support of new interpreters is an additional service category. This addition to the list of services to be provided recognizes the contributions Contract Interpreters can make in assisting MCDHH enhance the interpreting profession and "grow" new interpreters.

The application and contract development process are described in the body of this RFR.

A qualified applicant is one who is a member in good standing of MCDHH's Interpreter Contract, Contract MCD06 or successor document. Interpreters from minority communities and/or diverse backgrounds are strongly encouraged to apply.

This bid (solicitation or RFR) falls under the Commonwealth’s Small Business Purchasing Program. Details may be found in Section 9 of this document. However, it should be noted that the regulation governing the management of MCDHH's Interpreter contract, 112 CMR 3.00, restricts participation in that contract to individuals and excludes participation by businesses. Therefore, this bid is functionally not open to Small Businesses.

An Internal Revenue Service SS-8 test was performed and indicates that the individuals providing these services are appropriately characterized as Contract Employees rather than Independent Contractors.

The Massachusetts Commission for the Deaf and Hard of Hearing is an Equal Opportunity employer and does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, genetic information, pregnancy, ancestry or military status, in any of its activities or operations.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

Fee-For-Service

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Multiple Contractors, added to the contract over the life of the contract ("rolling enrollment")

a. Estimated Number of Awards

The target maximum number of Contractors is unlimited; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award

Additional contracts may be awarded over the life of this contract ("rolling enrollment").

5. Entities Eligible to Use the Resulting Contract

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

· The Executive Office of Health and Human Services and its agencies:

· Department of Children & Families

· Department of Developmental Services

· Department of Elder Affairs

· Department of Mental Health

· Department of Public Health

· Department of Transitional Assistance

· Department of Veterans' Services

· Department of Youth Services

· Massachusetts Commission for the Blind

· Massachusetts Rehabilitation Commission

· Office for Refugees & Immigrants

· Soldiers' Home in Chelsea

· Soldiers' Home in Holyoke

· Other Executive Branch Secretariats and its agencies

· Other public sector and not-for-profit agencies contacting the Purchasing Department to request participation The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

Renewal Options

Total Maximum Contract Duration

7. Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement: $ [unknown]

8. Contract Performance and Business Specifications Including Contractor Qualifications:

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) seeks to develop one or more contracts with qualified sign language Interpreters/transliterators for an agreed-upon number of work hours per week with guaranteed pay for such hours.

What MCDHH is Looking For: MCDHH is looking for Interpreters and Transliterators interested in working for a set number of hours per week on a schedule we give you to provide interpreting and/or transliterating services and other services as needed and directed.

Services to Be Provided by Contract Interpreter: The Interpreter will:

· Provide a variety of interpreting and transliterating services such as legal, medical, mental health, platform, community and other

· Provide these interpreting and transliterating services in a range of settings as assigned by the Interpreter / CART Referral Service such as onsite and remote

· Provide interpreting and transliterating services for Deaf, DeafBlind, and Hard of Hearing individuals as applicable and as assigned by the Interpreter / CART Referral Service

· Provide mentorship and support for the development of new interpreters within the profession.

Provision of interpreting services shall be in accordance with the procedures and policies contained in "MCDHH’s Interpreter Contract: RFR / Contract and Procedures For Use by Contractors, Requesters, Payers, Consumers and All Other Entities Using MCD06," most current version. That document will be incorporated by reference into all contracts resulting from this solicitation / bid except where the provisions conflict with the specific provisions of this bid for the purchase of blocks of interpreter/transliterator time by the purchasing agency.

Contractor Qualifications: Interpreters/Transliterators must meet the following minimum requirements:

· Member in good standing of MCDHH's Interpreter Contract MCD06 or successor contract. Diverse candidates are strongly encouraged to apply; MCDHH is committed to working with interpreters who match the demographic characteristics of the Deaf community needing interpreter / transliterator services

· Possess a valid driver’s license and/or access to a reliable means of personal private transportation if Contractor is requesting assignments in a geographical area not adequately served by public transportation

If You Are Interested: Prepare a letter stating your qualifications to MCDHH detailing your experience within the profession of interpreting. Candidates with diverse backgrounds are encouraged to self-identify as MCDHH is committed to expanding the pool of diverse interpreters across the Commonwealth. Include a resume. File the application through COMMBUYS (see Sections 12 and 13 of this document). MCDHH will acknowledge receiving your application.

What Happens Next: When MCDHH determines that it needs one or more Contract Interpreters, it will post a notice on COMMBUYS, send an e-mail announcement to its Community mailing lists, and post announcements on its various social media forums. It will also reach out directly to individuals who have filed applications through COMMBUYS and who have held or are holding MCDHH interpreter contracts. These announcements will contain details of the current need. The details will include information similar but not limited to:

· Schedule: number of hours per week, days per week, times of day, evenings and/or weekends

· Type(s) of interpreting: legal, medical, mental health, platform, etc.; might be a prioritized list

· Geographical region, including statewide

· Remote, onsite, or a mix

· Additional Considerations: Diversity and expansion of qualified interpreters within underserved minority communities is desired; other special circumstances may be noted

There will also be information on how to apply for the specific Contract Interpreter opening. Application for each specific Contract Interpreter opening is required to be through COMMBUYS.

What Else Do You Need to Know: In Section 1 MCDHH highlighted several updates in this RFR from the previous Contract Interpreter RFR 15-20-MCD. Key differences between this solicitation and the predecessor solicitation for Contract Interpreters, RFR 15-20-MCD, are:

· All contracts end on June 30 of the fiscal year (or earlier) and are not automatically renewed beyond June 30 of the fiscal year of origin. In order for MCDHH to manage its fiscal responsibilities it needs to carefully monitor and adjust its spending, including but not limited to its interpreter contracts. MCDHH will communicate its requirements for Contract Interpreters as far in advance as possible.

· Hourly compensation rates will be based on, but not necessarily equal to, MCD06 rates. Individuals holding these contracts receive a number of benefits that freelance MCD06 interpreters do not: guaranteed compensation for blocks of time; freedom from having to seek jobs week in and week out; payment for their time at their full compensation rate when driving between successive jobs during a single working day; Commonwealth retirement contribution; and accrual of up to forty hours annually paid sick leave for contractor full time (37.5 hours weekly) service and pro-rated appropriately that carries forward if unused. These are valuable contractor benefits. MCDHH is recognizing this in the monetary value via the MCD06 rate adjustment. For those individuals being offered Contract Interpreter contracts, the compensation rate will be presented to you along with the number of hours per week and the schedule as a package.

· Provision of mentorship and support of new interpreters is an additional service category. This addition to the list of services to be provided recognizes the contributions Contract Interpreters can make in assisting MCDHH to enhance the interpreting profession and "grow" new interpreters.

Supervision and Coordination: The Contract Interpreter will work under the direction of the Interpreter Supervisor, Department of Communication Access and Community Engagement (CACE), formerly known as the Department of Interpreter and CART Services.

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

MCDHH-specific language: MCDHH recognizes that this bid (solicitation or RFR) falls under the Commonwealth’s Small Business Purchasing Program based on dollar value. However, it should be noted that the regulation governing the management of MCDHH's Interpreter contract, 112 CMR 3.00, restricts participation in that contract to individuals and excludes participation by businesses. Therefore, this bid is functionally not open to Small Businesses.

10. Supplier Diversity Plan (SDP) Plan

[This solicitation does not fall under the Supplier Diversity Program Plan requirements.]

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

12. Evaluation Criteria Application is by letter and resume submitted to COMMBUYS Bid BD-21-1067-MCD01-MCD01-54851.

The UNSPSC Code to use for this Bid Response is 82-11-20: In-Person Language Interpretation Services[footnoteRef:1] [1: MCDHH recognizes that the interpreter / transliterator services contracted under this RFR are likely to include a combination of in-person (on-site) and remote communication access services. The choice of UNSPSC categories under COMMBUYS is one of best fit. Category codes and category names rarely match the service exactly.]

Applicants are encouraged to contact the Commonwealth of Massachusetts Supplier Diversity Office (SDO) at sdp@mass.gov or 617-720-3129 to verify that they are registered for all SDO programs they are eligible for.

Applicant letters and resumes will be assessed for completeness and responsiveness to any questions and qualifications set forth in the specific MCDHH Statements of Need disseminated through electronic and social media around the time that the trainings, seminars, informational events and workshops are needed. The ultimate decision will be the "Best Value" criterion as established by the Commonwealth of Massachusetts Operational Services Division.

13. Instructions for Submission of Responses Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. Instructions on creating a quote are available as an "Attachment" on this Bid's COMMBUYS page.

Any submission which fails to meet the submission requirements of the RFR may be deemed non-responsive and excluded from further consideration 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. Final decision on inclusion of non-responsive bids is made by Ms. Jane Sokol Shulman, Procurement & Contracting Manager.

NOTE: It is the responsibility of all prospective Bidders and awarded Contractors to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

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

14. Estimated Procurement Calendar

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

15. Required Forms

Individuals and organizations awarded contracts under this RFR may be required to execute the following forms:

The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).

16. Additional Information - MCDHH-Specific Terms

a) The Bidder is responsible for any and all costs associated with the preparation of the RFR response.

b) All response submissions, regardless of whether a contract is ultimately awarded to a particular Bidder, become the property of the Massachusetts Commission for the Deaf and Hard of Hearing.

c) The Agency may, during response review or at any time prior to selection, cancel a Request for Response or reject any or all responses if the Agency determines that such action is in the best interest of the Commonwealth.

d) The Commission for the Deaf and Hard of Hearing and the Commonwealth of Massachusetts make no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

e) MCDHH reserves the right to renegotiate and adjust rates, performance terms, and/or performance measures at any time during the life of the statewide contract.

f) All materials developed by the winning Contractors under this contract such as hand-outs, outlines, mailing lists, workshop agenda, publicity notices, and other materials will remain the property of the Massachusetts Commission for the Deaf and Hard of Hearing.

g) The Massachusetts Commission for the Deaf and Hard of Hearing anticipates monitoring and evaluating the Contractor’s performance on an ongoing basis. Any contract resulting from this solicitation may be terminated at any time if the Contractor is unable to meet performance standards after given a reasonable opportunity to improve performance.

h) This Request for Response is developed in good faith based on needs known at the time of document preparation. Should additional information become available during the term of this contract suggesting the advisability of a different strategy and/or additional contract goals or performance benchmarks, MCDHH reserves the right to modify the contract accordingly, including adjusting the contract term, dates of performance, and/or contract maximum obligation.

17. Commonwealth of Massachusetts Standard RFR Provisions

Operational Services Division Revision Date: June 6, 2016

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

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

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

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

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

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

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

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

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

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with M/WBEs, M/WNPOs, VBEs and SDVOBEs: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at www.mass.gov/sdo.

· Resources to assist Prime Bidders in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The SST will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Tools and Resources for Implementation of Executive Order 509.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Prompt Payment Discounts (PPD). All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found as an attachment for this Bid on COMMBUYS.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the SST. The SST will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to use PPD offerings may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in or attached to the PPD form.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

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