RFR 248431 Medical insturment and implants bid version adjusted 2 14 24.docx

The Commonwealth of Massachusetts Department of public health Lemuell Shattuck Hospital

170 Morton Street, Jamaica Plain, MA 02130

Contact Name: Emma Julien

Email: Emma Julien@mass.gov

Request for Response (RFR)

Document Title: Medical Instruments and Implants

COMMBUYS BID Number: BD-24-1031-LSH00-LSH01-97662

DPH RFR Document Number: RFR 248431

February 1, 2024

Key RFR Information All Potential Bidders must read

COMMBUYS REGISTRATION

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. To register review the COMMBUYS Job Aide COMMBUYS Vendor Registration or go to www.COMMBUYS.com.

QUOTE SUBMISSION

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. DPH 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.

If you plan to submit a quote to this RFR “No Bid” should not be checked anywhere in your quote in COMMBUYS. This includes on the General Screen and the Items tab. Checking No Bid sends your quote to a different location in COMMBUYS than the rest of the quotes for that Bid and you run the risk of the Department not receiving your response. The department will not guarantee that a bid received with a “No Bid” checked will be reviewed.

Section A: Procurement Overview

A1: Procurement Scope and Description

The Department of Public Health Hospitals are seeking qualified vendors for the purchase of medical instruments and implants as outlined in this RFR. Bidder qualifications must be affirmed by completing Attachment A: Bidder Response Form which indicates required bid submission documents. This contract will create a list of prequalified vendors authorized to provide products as needed to the state hospitals.

The procurement method(s) to acquire goods and/or services from this Bid are Outright Purchase, Fee for Service, and Term Lease. Additional equipment, accessories, supplies, and/ or future upgrades that are not specifically covered in this RFR but are specifically related to the use and operability of the system(s) and equipment covered under this RFR may be purchased under this procurement. This RFR is for the procurement of medical instruments, implants, and related supplies not available through other Massachusetts state contracts. Items will be used for medical procedures including, but limited to, the following:

Bidders must not, as part of their response, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. Contracting Departments expect that all State Contracts incorporate the same terms and conditions and only those terms and conditions. Contractors who wish to propose additional non-conflicting contractual terms may do so ONLY on a case-by-case basis, negotiated for each specific engagement, and memorialized in a scope of work/service.

A2: Program Background Information

Innovation in medical technology continues to move forward at an unprecedented rate. Public health facilities have a continuing need for products that provide the latest in efficient quality medical treatment for our clients. This procurement will allow for the addition of new products and vendors throughout the life of the contract.

Section B: Procurement Information B1: Applicable Procurement Law

Executive Branch Goods and Services

B2: Whether Single or Multiple Contractors Are Required For Contract(s)

Check One (“X”):

3: Calendar Rule Type

B4: Acquisition Method:

B5: Use of a Procurement by a Single or Multiple Departments

· Identify additional Eligible Entities by name or type.

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

B6: Expected Duration of Contract

B7: Anticipated Expenditures, Funding Or Compensation For Expected Duration

Dollar Amount

Estimated annualized amount $300,000

Check One (“X”):

Will Federal Funds be used to fund any part of Contract(s)?

Unique Entity Identifier: On April 4, 2022, the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID also known as UEI or SAMS number. Any entity that wants to apply for federal contracts or wants to receive federal funds must register with SAM. Entities that use SAM include for profit businesses, nonprofits, government contractors or subcontractors, as well as state and local governments.

Registering with SAM.gov is free and is required for your organization to receive federal funds. Your organization can submit an application to this RFR without being registered on SAM, however if awarded your organization will need to have an active SAM account prior to contract execution.

Unspent Funds: Any funds from Capital, Trust and/or Federal Accounts designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

Section C: Performance and Contract Specifications

C1: Eligibility

· Bidders must have been in the same business for three (3) years prior to the release date of this RFR.

· Bidders must possess all the necessary qualifications, certifications and licenses required to perform the category of work applied for under this RFR.

· Bidders must provide three (3) satisfactory references on the RFR Response sheet when they submit a bid.

C2: Scope of Services

This contract is for the procurement of medical instruments, implants, and related supplies not available through other Massachusetts state contracts. Items will be used for medical procedures including, but limited to, the following:

C2a: Supplier Diversity Program (SDP)

Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments. No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Bidders and Contractors may engage SDP Partners in the following two ways:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

All Bidders must complete the SDP Plan Form found in the Attachment section of this procurement and upload it with their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Additional information about the SDP policy can be found in the Supplier Diversity Program Policies for Goods and Services. Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

C3: Performance Requirements and Contract Monitoring

All products must be of medical grade, for medical procedures and manufactured for patient care in a hospital setting. All items must meet federal regulatory guidelines and industry standards as promulgated under, but not limited to, The Federal Food and Drug and Cosmetic (FD&C) Act, Part 800 to 1299 (21 CFR parts 800-1299); Underwriters Laboratory, Inc. (UL); OSHA and EPA standards for related products. The vendor shall certify in writing that each of the medical devices furnished under this contract meets or exceeds the regulatory guidelines and industry standards for the same or similar product.

Vendors must provide three (3) satisfactory references from medical facilities that have used their products in the 12 months preceding their response to this solicitation.

The vendor must supply a price list, which shows the discount offered to the Commonwealth of Massachusetts from the vendor’s catalogue or list price. This price list should be all-inclusive. Additional charges not identified in the price list and accepted by the Hospital may not be honored. A purchase order is required for all products prior to shipping. Shipping charges not included in the original price list must be quoted prior to filling an order.

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

1. Timely Delivery (Commodities, Services, Reports, Billing, etc.)

2. Responsiveness to Departmental Inquiries

3. Quality of Deliverables (Commodities, Services, Reports, etc.)

4. Performance Targets/Benchmarks (Quantities, Outcomes, etc.)

5. Attendance at scheduled meetings

The PMT shall negotiate with contractors any requirements not set forth in the RFR.

C4: Contract Invoicing Invoices should be sent directly to the accounts payable department of the DPH facility purchasing the product. Since many products are purchased through an annual appropriation from the Massachusetts Legislature, all invoices must be submitted in a timely manner. Commodities purchased prior to the close of the State’s Fiscal on June 30th must be invoiced prior to the following August 15th.

Payment through Electronic Funds Transfer (EFT) is required for any contract awarded through this solicitation. If awarded a contract bidders not already enrolled will be required to sign up for EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Transfer Form to the Department. Additional information will be sent at the time of contract.

Section D: RFR Evaluation

D1: Evaluation Criteria

All proposals will be scored on the following criteria:

1. Price List

2. Years in Business

3. References

4. Supplier Diversity Program: To encourage substantial Bidder supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions.

Section E: Estimated Procurement Calendar

RFR Release Date 02/1/2024

Deadline for Submission of RFR Q&A.1

Emma.Julien@Mass.Gov

Deadline for Submission of Responses Also known as the BID Opening Date in COMMBUYS

Anticipated Contract Start Date

2/15/2024

1All Questions must be received in writing. Questions can be sent by email no later than the date and time indicated in the Procurement Calendar. All questions should be sent to the email listed in the calendar and should include the RFR title and number in the subject of the email. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

Section F: Instructions for Submission of Responses

F1: Bidder Response Requirements

Please refer to the RFR Response Cover Sheet (Attachment A) for a checklist of items required for bid submission.

All bids must be submitted via COMMBUYS.

Of note: Bidders must supply a price list which shows the discount offered to the Commonwealth of Massachusetts from the catalog or list price. Vendors must provide three (3) satisfactory references from medical facilities that have used their products in the 12 months preceding their response to this solicitation.

F2: Prompt Payment Discounts (PPD) All bidders responding to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. 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 on the OSD Forms page and in the attachments section of COMMBUYS for this RFR.

F3: COMMBUYS Submission Instructions All responses are to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page. COMMBUYS Vendor Registration Job Aide is also available.

All Quotes must be received by the Department of Public Health before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH 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.

Bidders are encouraged to upload attachments well in advance of the Bid Opening Date. This will help to reduce disqualified submissions that can occur if upload is not fully completed or if an attachment is missing at the deadline. Prior to the Bid Opening Date listed in the Procurement Calendar above, documents can easily be deleted and revised versions can be uploaded. If you wish to revise or delete a quote after submission, you may do so prior to the bid opening date. Please review the Withdraw, Reopen, and Resubmit a Quote in COMMBUYS Job Aide for additional instructions.

No Bid in COMMBUYS Quote If you plan to submit a quote to this RFR “No Bid” should not be checked anywhere in your quote in COMMBUYS. This includes on the General Screen and the Items tab. Checking No Bid sends your quote to a different location in COMMBUYS than the rest of the quotes for that Bid and you run the risk of the Department not receiving your response. The department will not guarantee that a bid received with a “No Bid” checked will be reviewed.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

F4: RFR Attachments

To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:

F5: COMMBUYS Support A link to a job aid on How to Submit a Quote on COMMBUYS COMMBUYS Resource Information at www.mass.gov/osd/commbuys Email: Send inquiries to the COMMBUYS OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the COMMBUYS Help Desk at 1-888-627-8283 or 617-720-3197. 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.

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

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

Section G: Other Requirements Pertaining to this RFR

Additional RFR requirements can be found in the document “Additional Requirements for Non POS RFRs” found in the READ folder in the attachments section of COMMBUYS for this RFR.

Amendments to BID DPH reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DPH 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.

CORI Requirements: In accordance with EOHHS policy, an individual's background, including any CORI and other relevant information, must be carefully considered so that the vulnerable populations served by EOHHS are protected. It is also EOHHS policy that qualified rehabilitated offenders are given a fair opportunity to be employed and successfully reintegrated into the workforce. In accordance with this policy, prior to any work engagement, the awarded Contractor shall obtain a Standard (Employer) Access Massachusetts Criminal Offender Record Information (CORI) check on any and all individual employees who are to enter public offices of the Commonwealth or provide services to any Hiring Entity of the Commonwealth. The awarded Contractor must 1) utilize the Internet-Accessible CORI (iCORI) system maintained by the Department of Criminal Justice Information Services (DCJIS) to request and receive CORI in accordance with 801 CMR 2.00 et seq. and 2) comply with the EOHHS CORI check regulations, 101 CMR 15.00 et seq. in reviewing CORI and in documenting its hiring determination as set forth in 101 CMR 15.09. Any associated costs are the responsibility of the awarded Contractor.

Environmental Purchasing Requirements: See the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR in the Standard Required Information document posted in the attachments on COMMBUYS for this RFR.

Public Records All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

Vendor Activation Requirements: To receive a contract with the State, a vendor must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a vendor will be issued a Vendor Code number or a “VC” number. This VC number is used for all contracts that a vendor has with state agencies. An organization with existing state contracts or a vendor who has had state contracts with any state agency in the past has been registered in MMARS and does not need to re-submit paperwork again unless existing information in MMARS will need to be updated. Upon notification of a contract award to this RFR, vendors not already registered in MMARS will be sent the required paperwork to be completed before a contract will be awarded which includes a W-9 form, Electronic Funds Transfer (EFT) and Contractor Authorized Signatory Listing.

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