RFR-AGR-HayVendors-19~1.pdf

Table of Contents Page i

Document Sensitivity Level: High during development; Low once published.

Revised 10/1/2013

Hay and Hay Products Vendors

Request for Response (RFR): RFR File: RFR-AGR-HAYVENDORS-19

Responses may be received by the Department at any time. This is a rolling enrollment.

Contact: Keri Cornman

Telephone: 617-626-1777

Email: Keri.Cornman@state.ma.us

Massachusetts Department of Agricultural Resources

251 Causeway Street, Suite 500

Boston, MA 02114

Please Note: This is a single document associated with a complete Solicitation that can be found on COMMBUYS. All Bidders are responsible for reviewing and adhering to all information, forms and requirements found in all tabs and related forum records for the entire Solicitation. To locate the Solicitation associated with this document, go to www.COMMBUYS.com, select the “Search for solicitations” link, enter the above Document Number in the “Document Number” field, and select the “Search” button. Bidders who need help regarding COMMBUYS navigation may refer to the COMMBUYS Resource Center at www.mass.gov/osd for documents and guides. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 7:30 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.comm-pass.com/ http://www.mass.gov/osd mailto:comm-pass@osd.state.ma.us

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Revised 10/1/2013

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Acquisition Method(s)

1.6 Single or Multiple Contractors for Contract Performance:

1.7 Single or Multiple Departments May Contract Under this RFR:

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

1.9 Contract Duration

1.10 Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

3.1.2 Company experience

3.1.3 Financial stability including bankruptcy, litigation and contract defaults

3.2 Commodity Specifications

3.2.1 Brand name or equal

3.2.2 Performance specifications, durability, disclosures and recalls

3.2.3 Emergency response plans/preparedness

3.2.4 Geographic service and delivery areas

3.3 Environmental Specifications

3.3.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.4 Compensation Structure/Pricing

3.4.1 Cost tables

4 OTHER TERMS:

4.1.1 Reporting

4.1.2 Orders

4.1.3 Alternatives

5 AUDIT:

6 EVALUATION CRITERIA

6.1 Mandatory requirements

6.2 Desirable specifications

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Revised 10/1/2013

6.3 Alternatives

6.4 Evaluation Components

6.4.1 Price

7 HOW TO SUBMIT A BID RESPONSE

7.1 Environmental Response Submission Compliance

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

8.1.2 Ownership of Submitted Responses

8.1.3 Prohibitions

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

8.2.2 Contractor’s Contact Information

8.2.3 Publicity

8.2.4 RFR - REQUIRED SPECIFICATIONS

9 APPENDIX 2 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

9.1 Forms located on the Solicitation’s Forms & Terms tab

9.1.1 Commonwealth Standard Contract Form

9.1.2 Commonwealth Terms and Conditions

9.1.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) 18

9.1.4 Contractor Authorized Signatory Listing

9.2 Forms located on the Solicitation’s Specifications tab

9.2.1 Additional Environmentally Preferable Products / Practices

9.2.2 Prompt Payment Discount Form

10 GLOSSARY

RFR-AGR-HAYVENDORS-19 Page 1

Revised 8/22/2012

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Agricultural Resources (AGR) (“Department”) and the State Reclamation and Mosquito Control Board (“SRB”) (collectively referred to herein as the “Department”) are seeking to establish a list of pre-approved vendors that provide animal feed and supplies that are used in relation to mosquito control. The selected contractor(s) shall provide equipment, supplies and materials used in mosquito control (and other events) to include but not limited to:

Grass

Hay/straw bales

MA Slope Mix

Other Grass Seed Mixes

Winter rye

Wooden stakes posts

There are ten (10) Mosquito Control Districts in Massachusetts, all of which operate under the Department, who make numerous repeat purchases of supplies to support their mosquito control activities. They are: Berkshire County, Bristol County, Cape Cod, Central Mass., East Middlesex, Norfolk County, Northeast Mass., Pioneer Valley, Plymouth County, and Suffolk County.

The Department is seeking Hay Vendors to serve as independent contractors to provide hay and hay products to individuals, businesses, organizations and/or the Department, involved in Massachusetts agriculture and mosquito control.

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1.2 Background information

The Department is seeking one or more vendors to provide Hay and Hay Products on an as-needed basis.

1.3 Number of awards

There is no target maximum number of Contractors. The Department may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.4 Adding Contractors after initial Contract award

If, over the life of the Contract, the Department determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. This is a rolling solicitation.

1.5 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are outright purchase and Fee for Service.

1.6 Single or Multiple Contractors for Contract Performance:

Multiple – The Departmental of Agricultural Resources (AGR) and the State Reclamation and Mosquito Board (SRB). AGR reserves the right to add other Departments as necessary.

1.7 Single or Multiple Departments May Contract Under this RFR:

Other departments may purchase services or commodities under the same terms of this RFR.

Under this option, bidders will be required to specify their ability to extend services to other departments and the rates to be used. Other departments may execute separate contracts with awarded bidders. When using this option the RFR Contact Person listed above is responsible for all correspondence with other departments and vendors that choose to use the RFR.

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

All 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. Any contract termination or suspension pursuant to this section shall not automatically terminate any agreements for services already in place unless the department also terminates said agreements for service, which were executed pursuant to the main contract.

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1.9 Contract Duration

The initial term of this Contract is three (3) year(s). In addition, this Contract has two (2) options to renew of up to three (3) years each with a maximum Contract term of nine (9) years (including the initial term and all possible renewal options).

No goods may be ordered and no new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

Please refer to the “Estimated Value (US$)” and “Estimated Units” fields indicated on the Summary tab for this Solicitation on COMMBUYS. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation.

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

Estimated cost of service is approximately $10,000 per fiscal year. Selected contractors shall be reimbursed for goods received.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Solicitation: Release Date [July 1, 2019]

Solicitation: Close Date / Submission Deadline

[July 1, 2019], 4:00 PM EDT

Solicitation: Announcement of awarded Bidder(s) on COMMBUYS in the Solicitation Update tab (Estimated)

[Week of July 7, 2019]

Contract: Estimated Contract Start Date

[July 2019]

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates on the Solicitation’s Summary tab or Forum pages, the dates on the Solicitation’s Summary tab or Forum pages on COMMBUYS shall prevail. Any changes in the Estimated Procurement Calendar which are made after the RFR has been published will not result in amendments to the Estimated Procurement Calendar. Such changes will appear only on the Solicitation’s Summary tab and/or related Forum pages on COMMBUYS. Bidders are responsible for checking the Solicitation’s Summary tab and related Forum pages on COMMBUYS for Procurement Calendar updates.

3 SPECIFICATIONS

The selected contractor(s) shall provide the requested hay and mosquito control supplies as requested by each individual mosquito control district. The products shall be delivered within seven (7) days of the request unless, under emergency or by necessity, an expedited shipping fee is required. This additional shipping cost shall be agreed upon by both parties prior to the

RFR-AGR-HAYVENDORS-19 Page 4 order being made. The selected contractor(s) shall provide the needed instructions and safety information that pertains, if applicable, to any of the supplies.

Addresses of the Mosquito Control Districts:

Bristol County Mosquito Control Project 38R Forest Street Attleboro, MA 02703

Suffolk Mosquito Project 11 Sun Street Waltham, MA 02453

Berkshire Mosquito Control 19 Harris Street Pittsfield, MA 01201

Central Mass. Mosquito Control Project 111 Otis Street Northborough, MA 01523

Cape Cod Mosquito Control Project 259 Willow Street, Suite 3 Yarmouth Port, MA 02675

East Middlesex Mosquito Control Project 11 Sun Street Waltham, MA 02453

Northeast Mass. Mosquito Control & Wetlands Management District 118 Tenney Street Georgetown, MA 01833

Norfolk County Mosquito Control Project 144 Production Road, Suite C Walpole, MA 02081

Pioneer Valley Mosquito Control District 251 Causeway Street, Suite 500 Boston, MA 02114

Plymouth County Mosquito Control Project P.O. Box 72 142 R Pembroke Street Kingston, MA 02364

RFR-AGR-HAYVENDORS-19 Page 5

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

Qualified vendors must be able to provide, upon request, copies of any and all necessary licenses or permits for the sale of any regulated products to be purchased by the Commonwealth.

3.1.2 Company experience

Business background: Agricultural supplies/Farm/Hay and Hay Products Supplies Years in business: Minimum of five (5) Years in the industry of the Solicitation: Minimum of five (5)

3.1.3 Financial stability including bankruptcy, litigation and contract defaults Qualified vendors shall not be debarred or suspended by the Federal Government.

3.2 Commodity Specifications

3.2.1 Brand name or equal

Unless otherwise specified in this Solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Solicitation to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

3.2.2 Performance specifications, durability, disclosures and recalls Specifications for individual products will be determined as products are needed, and transmitted to the selected vendors via email or Commbuys in the form of a Request for Quotes (RFQ). Additional terms will be defined in the Standard Commonwealth Terms and Conditions.

3.2.3 Emergency response plans/preparedness

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Contract on a priority basis. The Bidder’s Response should include the following:

A list of emergency contact information including name, position/title, phone, email and cell phone.

A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

This information will not be considered in the evaluation of the Response.

3.2.4 Geographic service and delivery areas

Qualified Bidders must be able to deliver or facilitate the delivery of Hay and Hay Products to any Department-owned or occupied address within the Commonwealth.

3.3 Environmental Specifications

3.3.1 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

RFR-AGR-HAYVENDORS-19 Page 6 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. The Order can be seen at http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf.

3.4 Compensation Structure/Pricing

Selected Contractors must agree to provide quoted pricing on an as-needed basis, with quotes remaining firm for a minimum of 30 days from issuance. Contract pricing must not exceed pricing under the terms of any existing Commonwealth Department contract, and must not exceed the Bidder’s published catalog price. The Bidder should include pricing terms with the bid response.

Pricing may be defined as a percentage of published catalog price (up to 100%), or by supplying cost tables (see 3.4.1, below).

Contractors will agree to deliver ordered products upon receipt of a Purchase Order number via email from an authorized Department representative. Compensation for delivered orders will be delivered via EFT from the Commonwealth Treasurer to the Contractor’s bank account.

3.4.1 Cost tables

Cost tables are only required if the Bidder is proposing Contract pricing that is not based on a published catalog. In the absence of published catalog pricing, cost table provide the Commonwealth with up-front pricing for contracted products and services. Compensation will be based solely on the cost tables or catalogs supplied by the Bidder and accepted by the Department. Cost tables must contain all goods and services to be provided on this Contract.

When creating cost tables, please include the following information, at a minimum:

Manufacturer; Item number; Description; Size; Price; Unit of measure (i.e., each, case) and number of per container, if applicable. Additional information may include, but is not limited to:

information on volume purchase discounts (VPD), tiered discounts, and any other discount programs; Manufacturer suggested retail pricing (MSRP); and scheduled or automatic price adjustments based on PPI (Producer Price Index) or CPI (Consumer Price Index).

Shipping: FOB Destination, freight prepaid and allowed.

4 OTHER TERMS:

4.1.1 Reporting.

Contractors may be responsible for compliance with contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, if relevant to this contract.

4.1.2 Orders

Shipping, Delivery and Acceptance

Shipping methods: The Contractor must utilize a major overland delivery service (e.g., FedEx, UPS), or otherwise own its own fleet of commercial vehicles to facilitate expedient delivery of ordered products.

http://www.mass.gov/epp http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_515.pdf

RFR-AGR-HAYVENDORS-19 Page 7

Delivery time frames: Average of no longer than 7 business days from the date a PO is sent to the date items are received by the Department for in-stock products.

Invoice and payment specifications Commonwealth’s Payment Terms: Payments are issued on a per order basis within 45 days of receipt of a complete and correct invoice by the Department.

Product returns Vendors must resolve all requests to return non-custom items in original condition within 5 business days. Items will be picked up and credited by the vendor with no cost to the Department. No restocking fees will be charged.

Vendors are responsible for ensuring that item(s) received that do not meet the written guarantees and/or warrantees published by the manufacturer are replaced within 30 days of notification by the Department. Returning of the defective item will be done at the expense of the supplier.

4.1.3 Alternatives

Contractors may propose alternatives for equivalent, better or more cost effective performance than specified under the Contractor’s original Response at any time during the life of the Contract.

5 AUDIT:

During the term of this Agreement and for a period of six years thereafter, the Department of Agricultural Resources, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged the Department of Agricultural Resources, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

6 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 Commonwealth to receive a Contract award.

6.1 Mandatory requirements

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the Department. The Department reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Solicitation sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

6.2 Desirable specifications

Desirable specifications may be scored according to the Evaluation Criteria.

RFR-AGR-HAYVENDORS-19 Page 8

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the issuer to be "desirable." The issuer has listed all desirable specifications which will receive points in the evaluation criteria.

6.3 Alternatives

A Response which fails to meet any material term or condition of the Solicitation, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified.

Unless otherwise specified, Bidders may submit Responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Solicitation specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Response should describe how any alternative achieves substantially equivalent or better performance to that of the Solicitation specifications.

The Department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Solicitation is to provide the best value of commodities and/or services to achieve the goals of the procurement.

6.4 Evaluation Components

The following components will be some of the criteria considered by the team when evaluating each Response/bid:

1. Company Experience/Profile

a. Provide information detailing and relating to the company’s business background and capabilities. Provide the number of years in business and/or in hay production.

2. Seasonal availability

a. Describe your availability to provide hay on a seasonal basis.

3. Types of hay

a. Provide details for all the forms of hay the company sells, and in what unit of measurement. In particular, the Department will be looking for the following:

i. Construction grade hay (not feed quality)

ii. Hay for feed

1. First cut

2. Second cut

3. Third cut

iii. Materials needed along with hay, including but not limited to:

1. Grass

2. Winter rye

3. Wooden stakes

4. Posts

RFR-AGR-HAYVENDORS-19 Page 9

5. MA Slope Mix

6. Other Grass Seed Mixes

b. Make sure to include all average pricing options, size/measurement options (sold by bale or by ton), tying options (string vs. biodegradable), square vs round bales, etc.

4. Ability to deliver

a. Outline your delivery capabilities throughout the Commonwealth of Massachusetts.

Consider:

i. Delivery of hay across the Commonwealth

ii. Delivery of hay on an emergency basis

iii. Shipping/freight costs

5. Price (see Section 6.4.1. below)

6. References (3)

6.4.1 Price

Please note that price will carry a significant weight in the evaluation process.

The following price components will be evaluated:

Volume purchase discounts Shipping/Freight discounts Prompt Pay Discounts (PPD)

Provide a price list for all types of hay for sale including average prices by size

i. Construction grade hay (not feed quality)

ii. Hay for feed

1. First cut

2. Second cut

3. Third cut

Vendors may provide any other costs or rates they deem necessary as well.

7 HOW TO SUBMIT A BID RESPONSE

Instructions for Submitting Responses

Responses shall outline:

A. Bid Sheet (include all information gone over in Evaluation Criteria on pages 8-9 of this document)

RFR-AGR-HAYVENDORS-19 Page 10

B. Company Profile including its history and qualitative description of the capabilities to meet Performance Specifications over the course of the contract duration including amendments

C. Three (3) references including contact information D. SDP Forms

Bidders may submit their response via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please visit http://www.mass.gov/anf/docs/osd/commbuys/create-a-quote.pdf.

Catalogs, cost tables, and other documents requested as part of this RFR may be submitted as attachments via COMMBUYS. All attachments will be considered a part of the bid response, and any pricing listed in an attachment will be assumed to supersede pricing defined in the “Items” tab of the COMMBUYS interface. Therefore, if submitting an attached catalog or cost table, no dollar amount is required in the “Items” tab, and the Bidder should check “No charge” (see step 11 of the COMMBUYS submission instructions linked above for further clarification).

Deadline for Responses – Responses must be entered via COMMBUYS no later than [July 1, 2019], at 4:00 PM Eastern Time.

This is a rolling solicitation, the deadline above is the initial deadline. You may submit a response to be added on contract as a vendor throughout the life of the contract.

7.1 Environmental Response Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, please response through the Commbuys portal – no paper submissions will be accepted.

8 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

8.1 General Procurement Information

8.1.1 Alterations

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

8.1.2 Ownership of Submitted Responses

The Department shall be under no obligation to return any Responses or materials submitted by a Bidder in response to this RFR. 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 Response, whether or not the Response is selected for Contract award.

Responses 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 their COMMBUYS, as long as their http://www.mass.gov/anf/docs/osd/commbuys/create-a-quote.pdf

RFR-AGR-HAYVENDORS-19 Page 11 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 back up.

8.1.3 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the PMT 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 “Issuers” tab for this Solicitation 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.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Bid Response, the Bidder certifies that the Response 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.

8.2 Terms and Requirements Pertaining to Awarded Contracts

8.2.1 Commonwealth Tax Exemption

Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax.

8.2.2 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 on the Contract’s “Issuer(s)” tab in the “Contact Information” section.

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 PMT to be lost or rejected by any means including email or spam filtering.

8.2.3 Publicity

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

8.2.4 RFR - REQUIRED SPECIFICATIONS

Issue Date: November 1, 2005

Refresh Date: March 7, 2011

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and

Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

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The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR.

Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable).

Additional definitions may also be identified in this RFR. 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.

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships.

Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier

Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

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:

SDP Plan Form #/Name Submitted By When Submitted

SDP Plan Form #1 – SDP Plan

Commitment

All Bidders With Bid Response

SDP Plan Form #2 – Declaration of

SDP Partners

Newly Awarded Contractors Within 30 days of contract execution

SDP Plan Form #3 – SDP Spending

Report

Contractors Within 45 days of the end of each quarter

Supplier Diversity Program (SDP) Resources:

Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and

Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program Webpage

(www.mass.gov/sdp).

Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business

Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo).

The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found on the OSD Training & Outreach Webpage. In addition, the SDP Webinar can be located on the

Supplier Diversity Program Webpage (www.mass.gov/sdp).

http://www.mass.gov/sdo http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html

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Supplier Diversity Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business

Enterprises (M/WBEs) and/or Service Disabled Veteran Owned Business Enterprises (SDV)Bes) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Supplier Diversity

Program (SDP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

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 Procurement Management Team (PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The PMT 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 PMT 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.

COMMBUYS. COMMBUYS is the official system of record for all procurement information which is publicly accessible at no charge at www.COMMBUYS.com. Information contained in this document and in each tab of the

Solicitation, including file attachments, and information contained in the related Bidders’ Forum(s), are all components of the Solicitation.

Bidders are solely responsible for obtaining all information distributed for this Solicitation via COMMBUYS, by using the free Browse and Search tools offered on each record-related tab on the main navigation bar (Solicitations and Forums). Forums support Bidder submission of written questions associated with a Solicitation and publication of official answers. All records on COMMBUYS are comprised of multiple tabs, or pages. For example, Solicitation records contain Summary, Rules, Issuer(s), Intent or Forms & Terms and Specifications, and Other Information tabs.

Each tab contains data and/or file attachments provided by the Procurement Management Team. All are incorporated into the Solicitation.

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

Any addenda or modifications to this Solicitation, by monitoring the “Last Change” field on the

Solicitation’s Summary tab, and

Any Bidders’ Forum records related to this Solicitation (see Locating an Online Bidders’ Forum for information on locating these records.

http://www.comm-pass.com/

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The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a

Response based on an out-of-date Solicitation or on information received from a source other than COMMBUYS.

Every public purchasing entity within the borders of Massachusetts may post records on COMMBUYS at no charge.

COMMBUYS has the potential to become the sole site for all public entities in Massachusetts.

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 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

PMT, including requests for clarification. The PMT 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 PMT 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. 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.

Environmental Response Submission Compliance. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all responses 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 response.

Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable 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.

http://www.mass.gov/?pageID=afterminal&L=4&L0=Home&L1=Budget%2c+Taxes+%26+Procurement&L2=Procurement+Information+%26+Resources&L3=Conduct+a+Procurement&sid=Eoaf&b=terminalcontent&f=osd_all_forms&csid=Eoaf http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

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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 responses are made with recycled materials.

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

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: Executive Order # 509 Guidance.

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 Bid Duration. Bidders responses/bids made in response to this RFR must remain in effect for at least 90 days from the date of bid submission.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The

Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, it must notify the Commonwealth contract manager.

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 under the Forms and Terms tab of this solicitation.

http://www.mass.gov/?pageID=eohhs2terminal&L=5&L0=Home&L1=Government&L2=Laws%2c+Regulations+and+Policies&L3=Department+of+Public+Health+Regulations+%26+Policies&L4=Regulations+and+Other+Publications+-+M+to+P&sid=Eeohhs2&b=terminalcontent&f=dph_com_health_nutrition_phys_activity_g_regs_nutrition&csid=Eeohhs2

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

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 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 PMT 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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9 APPENDIX 2 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

The purpose of this appendix is to provide guidance to Bidders on the Commonwealth Standard forms to be submitted (in addition to the other forms and documents required) and how they must be executed and submitted. Please note that these instructions are meant to supplement the Instructions found on each of these forms. It is advisable to print this document first so that it may be referenced when filling out these forms.

Some of the forms listed below can be electronically signed by the Bidder, see Electronic Signatures.

However, online Bidders must, if notified of Contract award, submit the following four (4) forms on paper with original ink signatures unless otherwise specified below, within the timeframe referenced in the RFR section entitled Ink Signatures: the Commonwealth Standard Contract Form, the Commonwealth Terms and Conditions, the Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) and the Contractor Authorized Signatory Listing.

9.1 Forms located on the Solicitation’s Forms & Terms tab

9.1.1 Commonwealth Standard Contract Form

Sign electronically as described above; if notified of Contract award, complete as directed below and submit on paper with original ink signature and date.

By executing this document or signing it electronically, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to this RFR that is the Bidder’s Offer as evidenced by the execution of its authorized signatory, and that the Bidder’s Response may be subject to negotiation by the PMT.