RFR DCR 908 Loon Capture June 2023 update 6.7.2023.docx
DOCX document 66 KB Posted
- Attached to
- DCR 908 Loon Capture and Banding
- Solicitation number
- BD-24-1020-DCRCU-DC250-89658
- Issued by
- Worcester County, Massachusetts
About this file
This document is a Request for Response (RFR) issued by the Massachusetts Department of Conservation and Recreation (DCR) for the Loon Capture and Banding project. The contract will be used to capture, leg band, assess the overall health, and determine levels of contaminants of common loons nesting on DCR lakes, ponds, and reservoirs, including Quabbin Reservoir, Wachusett Reservoir, Paradise Pond, and Hycrest Reservoir. Qualified contractors will be responsible for capturing and processing the loons, including taking biological measurements, fitting them with identification bands, and collecting blood and feather samples for analysis. The contract will have an initial 3-year term with no renewal options.
The estimated value of the procurement is $45,000 ($15,000 per year). This is a small procurement targeted to businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP), but if no SBPP-participating vendors provide a responsive bid, the DCR will evaluate and award to non-SBPP businesses. The winning contractor must comply with the Commonwealth's environmental and supplier diversity program requirements.
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Other files
| File | Type | Posted |
|---|---|---|
| Mass W-9 Form April 2022.pdf | ||
| busreffm.doc | DOC document | |
| eppform~5.docx | DOCX document | |
| Updated EFT form.pdf | ||
| promptpaydiscountform.docx | DOCX document | |
| CASL_Form.rtf | RTF text file | |
| COMMBUYS create-a-quote-v1~4.docx | DOCX document | |
| Standard Contract Form 7-1-20.docx | DOCX document | |
| Standard Contract Form Instructions and Contractor Certifications 7-1-20.pdf |
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Text version
REQUEST FOR RESPONSE
RFR # DCR 908 Loon Capture and Banding
ISSUE DATE: 06/12/2023
| Purchasing Department |
| Department of Conservation & Recreation |
| Address |
| 180 Beaman Street |
| City, State Zip Code |
| West Boylston, MA 01583 |
| Procurement Contact Person |
| Ken MacKenzie |
| Telephone Number |
| 857-202-0071 |
| Fax Number |
| N/A |
| E-Mail Address |
| Ken.MacKenzie@mass.gov |
| RFR Name/Title |
| Loon Capture and Banding |
| RFR Number |
| DCR 908 |
| COMMBUYS Bid Number |
| BD-24-1020-DCRCU-DC250-89658 |
1. Description or Purpose of Procurement:
This contract will be used to capture, leg band, assess the overall health, and determine levels of contaminants of common loons nesting on DCR lakes, ponds, and reservoirs, including Quabbin Reservoir, Wachusett Reservoir, Paradise Pone, and Hycrest Reservoir. Loons will be captured and processed by capable Biologists with extensive Field experience with the species.
Upon capture, basic biological measurements will be obtained. The bird will be fitted with a United States Fish and Wildlife Service aluminum band and unique color band combination that allows for identification of individuals from a distance. Additionally, a blood and feather sample will be taken from each bird to test for blood and mercury.
The winning bidder will be responsible for providing capture, processing and banding equipment, as well as ensuring that mercury and lead samples are tested. Lastly, the winning bidder must provide an annual report to be received no later than the end of the calendar year.
Applicable Procurement Law
| Check Appropriate Box (“X”): |
| Type of Purchase |
| Applicable Laws |
Executive Branch Goods and Services
| |X| |
| Goods and Services |
| MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 |
| |_| |
| Human and Social Services |
| MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00 |
| |_| |
| Legal Services |
| MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b) |
| |_| |
| Grants |
| MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00 |
2. Acquisition Method:
| Check All Applicable (“X”): |
| Category |
| |X| |
| Fee-For-Service |
| |_| |
| Outright Purchase |
| |_| |
| Rental |
| |_| |
| Term Lease |
| |_| |
| Tax Exempt Lease-Purchase |
| |_| |
| License |
| |_| |
| Other: |
3. Whether Single or Multiple Contractors are Required for Contract:
Check One (“X”):
| |_| |
| Single Contractor |
| |X| |
| Multiple Contractors |
a. Estimated Number of Awards This RFR will result in a master service agreement with no target maximum number of pre-qualified Contractors.
b. Rolling Enrollment Contract and adding Contractors after initial Contract Award This solicitation will result in a rolling enrollment contract which means that proposals may be submitted and may be evaluated by the DCR evaluation team at any time after the amendment deadline of the solicitation with no submission deadline. After initial contract awards are made, however, the DCR evaluating team reserves the right to begin evaluating submissions periodically, including but not limited to quarterly or semi-annual reviews.
The DCR evaluating team also reserves the right to suspend the review of additional submissions or close the solicitation for new responses entirely if it deems that the number of contractors awarded at that point adequately meets the DCR needs. If, subsequent to such a decision, the evaluating team 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.
If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.
The dates of rolling enrollment are 06/01/2023 - 11/23/2025.
4. Entities Eligible to Use the Resulting Contract
| Check One (“X”): |
| Eligible Entities |
| |X| |
| 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: |
· Cities, towns, districts, counties, and other political subdivisions.
· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein.
· Independent public authorities, commissions and quasi-public agencies;
| |_| |
| Limited User Contract – Restricted to Use by Issuing Entity Only. |
5. Expected Duration of Contract (Initial Duration and any Options to Renew):
| Contract Duration |
| Number of Options |
| Number of Years/Months |
Initial Duration
| Renewal Options |
| 0 |
| 0 |
Total Maximum Contract Duration
*See the Estimated Contract Start Date indicated in the Estimated Procurement Calendar (below). This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.
NOTE: Contract renewals will not be executed automatically. Each vendor will be evaluated by the contract manager on the work performed on specific projects assigned under this Master Service Agreement. Performance evaluation factors include quality of work product, timeliness of service, responsiveness to agency inquiries, clarity of communication to the agency and the public, continuing relevance of vendor skill set to meet agency needs.
6. Anticipated Expenditures, Funding or Compensation:
Estimated Value of Procurement: $45,000.00 ($15,000/year) Costs which are not specifically identified in the vendor’s bid and accepted by the Department as part of the bid, will not be compensated under any contract awarded pursuant to this RFR. Performance of services by the selected vendor shall begin with a written Notice to Proceed from the Department.
7. Contract Performance and Business Specifications:
Scope of Services:
Common loons (Gavia immer) are a state listed species of Special Concern in Massachusetts. These birds typically nest on lakes and reservoirs with relatively clear water and suitable nesting locations (typically small islands or peninsulas). A majority of the state's nesting pairs occur on DCR waterbodies. Because the DCR is responsible for a majority of the loons in the state, significant time and effort is expended protecting and managing these birds. Artificial loon rafts are constructed and deployed, individuals are monitored during the nesting season, and certain management activities that could disturb nesting loons are suspended during the nesting season. In order to enhance the DCR’s ability to effectively manage this species, an intensive research project was developed and will continue to provide more detailed information about nesting loons on DCR waterbodies.
Goals/Objectives
1. Capture and leg band breeding loons on DCR lakes, ponds, and reservoirs. These areas include Quabbin Reservoir, Wachusett Reservoir, Hycrest Reservoir, and Paradise Pond.
2. Determine the overall health of captured loons and analyze contaminant levels (including mercury).
In most cases, the Contractor will be responsible for:
1. Working with state employees to capture, band and process common loons.
1. Determining overall health of captured loons, drawing blood, and taking feather samples for analysis of persistent bio accumulative toxins such as mercury and polychlorinated biphenyls
1. Analyzing abandoned loon eggs for mercury concentration
1. Provide all information collected from captured birds.
Provide a report containing results of lead and mercury testing of blood, feathers, and abandoned eggs by the end of the calendar year.
All information produced as a result of this RFR shall be the property of the Department and cannot be used by the vendor without express written permission of the Department.
The performance of services by the selected vendor shall begin with a written Notice to Proceed from the Department and are expected to be completed within the timeframe specified therein. A vendor’s contract may be terminated at any time if the quality of their work is unacceptable to the Department or if the Department determines that maintaining the vendor on contract is not in the best interest of the Department. Such a determination will be made on the basis of the consistency of the vendor’s work product with the basic specifications, the quality of vendor’s work product above and beyond basic requirements, and the vendors’ responsiveness to the business needs of the Department.
8. Small Business Purchasing Program This is a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). The Department intends to evaluate bid responses from and to award a contract to a SBPP-participating business(es) who submit a bid that meets or exceeds the solicitation criteria only. Subcontracting in these types of procurements is limited to no more than 20% of the value of the contract, unless it is with another SBPP registered participant. If determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive bid, the Department will evaluate, and award bid responses received from non-SBPP businesses. To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.
9. 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.
10. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes. 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.
In making this determination, the Commonwealth will consider and score a number of factors to include:
· Experience and qualifications
· Examples of Work
· Pricing
· Availability
· References
· Available equipment
· Prompt Pay Discounts (PPD) The DCR reserves the right to interview some or all respondents prior to making a final award.
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. For instructions concerning how to submit a Quote, please see Appendix B.
Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.
Minority-owned businesses, women-owned businesses, veteran-owned businesses, and businesses owned by individuals with disabilities are encouraged to respond.
All Responses must include the documents listed below. Failure to include the information listed below may result in the disqualification of the Response.
All Bidders:
1. A cover letter which expressly states the Bidder’s ability to meet each of the necessary qualifications listed below including a list of counties/areas within which the Bidder wishes to be considered for projects, with preferences indicated if appropriate.
To prove their qualifications the bidder must provide the following information with their bids:
· A summary of their experience safely operating boat in a variety of field conditions;
· Level of experience capturing and handling common loons;
· Summary of experience and willingness to work in remote areas only accessible by foot, boat, or 4WD, including the willingness to operate over water, (e.g., Quabbin and Wachusett Reservoirs);
· A summary of their experience processing data collected from loons, including a summary of their experience with testing samples for lead and mercury.
· Copies of all needed permits, licenses, and insurance to legally capture and band loons in Massachusetts;
· Demonstrated ability to write clear, concise yearly reports that summarize capture efforts and sample analyses.
· Willingness to meet performance specifications, communicate cooperatively with Department staff, and accept feedback regarding deliverables.
· Contractors must be capable of performing all services for which they are bidding. A Bidder or Contractor may subcontract for categories or specific services/analyses not offered by the bidder, but all relevant information for the subcontractor must be submitted with the bidder’s response. After contract award, prior to project commencement, Contractors must inform Eligible Entities of their intention to engage any subcontractors.
1. A specific schedule of rates/fees for project assignments outlined above. If selected for inclusion on the Qualified Contractors List, this rate/fee schedule will be included as an attachment to the vendor’s executed contract.
1. Resumes of all key personnel that will be involved and a brief description of their roles in the projects.
1. Name and contact information of the project manager who shall be responsible for oversight and management of contract performance and shall act as the contact person for receipt of notice and other communications between the Bidder and the Department
· References, including the names, phone numbers, and a brief description of the work performed, for 3 clients from the past 12 months
11. Estimated Procurement Calendar
| Procurement Activity |
| Date |
| Time |
| Bid Release Day |
| 06/12/2023 |
| 8:00:00AM, EDT |
| Online Questions Due (“Bid Q&A in COMMBUYS) |
| 06/16/2023 |
| 5:00 PM, EDT |
| Responses to Questions Posted Online (“Bid Q&A in COMMBUYS) |
| 06/21/2023 |
| 5:00 PM, EDT |
| Bid Amendment Deadline / Online Quote Submission Begins. Bid documents will not be amended after this date |
| 06/28/2023 |
| 5:00 PM, EDT |
| Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) |
| 6/29/2023, 5:00 pm EDT |
| Evaluation (Estimated) |
| 06/30/2023 |
| Select Apparent Successful Bidder (Estimated) |
| 06/30/2023 |
Estimated Contract Start Date
7/1/2023
Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid. Any changes will be posted as an amendment to the Bid and will be found in the Attachments Tab of this RFR.
a. Online Questions (Bid Q&A) Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above) . The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.
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.
Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).
(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)
b. Bid Amendment Deadline The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department 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.
c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).
12. Required Forms Responses to this RFR must contain the following documents
| Check if applicable (“X”) |
| Form/Document |
| Notes/Instructions |
(If any)
| |X| |
| Commonwealth Terms & Conditions |
| Original with Signature Required – to be submitted if selected |
| |X| |
| Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form) |
| Original with Signature Required – to be submitted if selected |
| |X| |
| Standard Contract Form and Instructions |
| Original with Signature Required – to be submitted if selected |
| |X| |
| Contractor Authorized Signatory Listing |
| Original with Signature Required – to be submitted if selected |
| |X| |
| Authorization for Electronic Funds Transfer |
| Original with Signature Required – to be submitted if selected |
| |X| |
| Prompt Payment Discount Form |
| To be submitted with Response |
| |X| |
| Business Reference Form |
| To be submitted with Response |
| |X| |
| Additional Environmentally Preferable Products/Practices |
| To be submitted with response. |
All forms above should be submitted with the Response, scanned or pdf.
Forms requiring wet signature will be collected should a vendor be selected for service.
13. RFR Attachments Appendix A: Required Specifications Appendix B: Electronic Quote Submission Instructions
APPENDIX A
RFR - REQUIRED SPECIFICATIONS
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:
| 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 |
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.
Appendix B: Instructions for Vendors Responding to Bids Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”
Steps for Bidders to Submit a Quote
1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.
2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.
3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.
4. Click on the Bids tab
5. Clicking on the Bid tab opens four sections:
a. Request for Revision
b. Bids/Bid Amendments
c. Open Bids
d. Closed Bids
6. Click on the blue Open Bid hyperlinks to open and review an open bid
7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.
8. After acknowledgement, the bid will open.
The top left half of the page contains the following information:
a. Purchaser
b. Department
c. Contact for this bid
d. Type of purchase
i. Open Market
ii. Blanket
e. Pre-Bid Conference details (if applicable)
f. Ship-to and Bill-to addresses
g. Any attachments to the bid, which may include essential bid terms, response forms, etc.
The top right half of the bid includes the following information:
h. Bid Date
i. Required Date
j. Bid Opening Date – date the bid closes and no further quotes will be accepted
k. Informal Bid Flag
l. Date goods/services are required
9. The lower half of the page provides information about the specific goods/services the bid is requesting.
10. Click Create Quote to begin.
11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:
a. Delivery days
b. Shipping terms
c. Ship via terms
d. Is “no” bid – select if you will not be submitting a quote for this bid
e. Promised Date
f. Info Contact
g. Comments
h. Discount Percent
i. Freight Terms
j. Payment Terms It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.
Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.
The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.
The following messages are received:
Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms. Your quote has not been submitted – information message; no action required
12. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.
13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.
14. The item opens. Input all of your quote information and click Save & Exit.
15. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Place a check box under the confidential column for each confidential attached form.
16. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.
17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.
18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.
19. The Summary tab redisplays with an updated Status for the quote of Submitted.
20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.
If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.
Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.
Issued: March 24, 2014
File details come from the government source that posted it. Updated .