RFR_DIA_STENO_15-03_v1.doc

RFR # DIA STENO 15-03

Machine Shorthand Writers & Computer-Aided Transcription Technical Software Support Services

EXECUTIVE OFFICE

OF

LABOR AND WORKFORCE DEVELOPMENT

DEPARTMENT OF INDUSTRIAL ACCIDENTS

REQUEST FOR RESPONSE (RFR)

RFR Document #: DIA STENO 15-03 RFR Name: Machine Shorthand Writers & Computer-Aided Transcription Technical Software Support Services Purchasing Agency/Department:

Massachusetts Executive Office of Labor and Workforce Development (EOLWD) / Department of Industrial Accidents (DIA) Address:

19 Staniford Street 5th Floor Contracts & Procurement

Boston, MA 02114

Procurement Contact:

Diane Lentini Contact Telephone Number:

617.727.5913 E-mail contracts&procurement@detma.org

RFR ISSUE DATE:

04/29/15

TABLE OF CONTENTS

5I.

PROCUREMENT CALENDAR

II.

GLOSSARY

III.

REQUIRED RFR PROVISIONS

IV.

PROCUREMENT SCOPE

V.

GENERAL INFORMATION

VI.

ACQUISITION METHOD

VII.

SINGLE OR MULTIPLE CONTRACTORS

VIII.

SINGLE OR MULTIPLE DEPARTMENTS

IX.

ANTICIPATED DURATION

X.

ESTIMATED VALUE OF THE CONTRACT

XI.

MANDATORY REQUIREMENTS

XII.

SPECIFICATIONS

XIII.

COSTS

XIV.

PAYMENTS

XV.

SUBCONTRACTING, STAFF SUBSTITUTIONS REQUIREMENTS

XVI.

PERFORMANCE MEASURES

XVII.

REVIEW, EVALUATION AND SELECTION

XVIII.

SUBMISSION OF WRITTEN QUESTIONS

XIX.

ANSWERS TO WRITTEN SUBMITTED QUESTIONS

XX.

RESPONSE REQUIREMENTS

XXIII.

UPON AWARD OF THE CONTRACT

ATTACHMENTS

Attachment A Statement of Acceptance Response

Attachment B Bidder’s Designated Single Point of Contact (SPOC) Attachment C Bidder’s Organizational Profile Attachment D Bidder’s Experience Attachment E Bidder’s References Attachment F Project Administration Attachment G Cost Sheet Attachment H Prompt Pay Discount Attachment I Bidder’s Checklist

FORMS

Commonwealth of Massachusetts Standard Contract Form & Instructions Commonwealth Terms and Conditions

Request for Taxpayer Identification Number and Certification – Massachusetts Form W-9 Contractor Authorized Signatory Listing

Contractor Authorized Signature Verification Form

Supplier Diversity Program (SDP) Plan Form – www.mass.gov/sdp

Commonwealth of Massachusetts Authorization for Electronic Funds Transfer Payments (EFT) REQUIRED CERTIFICATE - “Certificate of Good Standing” from the Massachusetts Dept. of Revenue shall be included with Response.

I.

PROCUREMENT CALENDAR

NOTICE. The dates stated are not binding and may be revised. It is the responsibility of the Bidder to check the COMMBUYS website (www.commbuys.com) for any addenda or modifications to the dates posted in this RFR.

II.

GLOSSARY

Added Value: The non-required provisions of a Response that add value for the Commonwealth within a proposal.

Agency: For purposes of this RFR, Agency refers to the Massachusetts Executive Office of Labor and Workforce Development, Department of Industrial Accidents, also referred to as the “Department” or “EOLWD” or “DIA”.

Best Value: The result of common sense procurement decision-making consistent with the Commonwealth’s procurement principles, which are to balance and support the achievement of: required outcomes, best quality economic value, timely performance, minimizing the burdens on administrative resources, expediting simple or routine purchases, flexibility in developing alternative procurement and business relationships, encouraging the continuing participation of quality contractors and supporting state and department procurement planning and implementation.

Bidder: Any individual or organization that has submitted or is in the process of submitting a Response to this RFR. Also referred to as the “Contractor”, “Proposer”, “Vendor” and “Grantee”.

Business Hours: The established operational hours of the Agency. Also, may be referred to as “normal business hours”.

Calendar Year: The period between January 1 and December 31 of any year.

Commbuys: Commonwealth of Massachusetts Procurement Solicitation System.

Contractor: An individual or organization that enters into a contract with a Department to provide commodities and/or services.

C.O.R.I: Criminal Offender Record Information.

Contract: A mutually binding legal relationship, in writing, obligating the seller to furnish the goods or services (including construction) and the buyer to pay for them.

CMR: Code of Massachusetts Regulations.

Fiscal Year: The year beginning with July 1st and ending the following June 30th as defined in M.G.L. c. 4 section 7. This may also be referred to as the “State Fiscal Year” or “Program Year”.

Individual with a Disability: (a) In general, an individual with any disability (as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); (b) “individuals with disabilities” means more than one individual with a disability.

Mandatory: RFR sections using language such as: “must”, “will”, “will not”, “may not”, “shall”, “cannot”, “can only”, “prohibited”, or “required”, are to be considered by the Bidder as mandatory, or in other words, necessary for meeting the basic requirements for Contract consideration.

Market Basket: A “catalog” of bidder commodities and services.

MMARS: Massachusetts Management Accounting and Reporting Systems.

M.G.L.: Massachusetts General Laws.

Procurement Management Team (PMT): PMTs are comprised of individuals from within the Agency and/or various state departments who have expertise and/or professional interest in developing an RFR, selecting a Bidder and managing the contract for specified goods and services.

Procurement Team Leader (PTL): The person who is leader of the PMT.

Request for Response (RFR): The mechanism used to communicate procurement specifications and to request Responses or interest from potential Bidders. An RFR may also be referred to as a “solicitation”.

Response: A response from a firm, organization or individual to an RFR. Responses are also referred to as “bids”, “quotes” or “proposals”.

SOMWBA: State Office of Minority and Women Business Assistance now known as the Supplier Diversity Office (SDO).

Supplier Diversity Office: The Supplier Diversity Office (SDO), formerly known as SOMWBA, is an agency within the Commonwealth of Massachusetts that promotes the development of business enterprises owned and operated by minorities or women.

III.

REQUIRED RFR PROVISIONS

The RFR response must be completed in its entirety or the bid may be deemed non-responsive and be disqualified.

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.

Alternatives: A response which fails to meet any material term or condition of the RFR, 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 RFR 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 RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

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.

Brand Name or Equal: Unless otherwise specified in this RFR, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this RFR 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.

Commbuys: 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 Subscription:

Bidders may elect to obtain a free COMMBUYS Seller subscription 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 subscription 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, they will: (1) maintain an active seller account in COMMBUYS; (2) when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; and, (3) 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. 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. 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).

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, 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) (form attached to this RFR). 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 PMT 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 PMT will consider such requests on a case-by-case basis and communicate the findings with the bidder.

Electronic Invoicing Program: All Bidders responding to this RFR must agree to participate in the Agency’s Electronic Invoicing Program to receive payments for services rendered. This program is a benefit to both contractors and the Agency because it eliminates postal and mailing expenses; it’s a more efficient use of technology and resources; turn-around for questions and issues is faster, and the response to invoicing requirements is quicker, resulting in speedier receipt of payments and paper reduction, The method used for electronic invoicing is via e-mail. Instructions on how to enroll in the program will be provided upon contract award.

Environmentally Preferable Products and Services: The department and contractor(s) may negotiate during the contract term to permit the substitution or addition of Environmentally Preferable Products (EPPs) when such products are readily available at a competitive cost and satisfy the department’s performance needs.

Estimated Provisions: The Commonwealth makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR. Any estimates or past procurement volumes referenced in this RFR are included only for the convenience of bidders, and are not to be relied upon as any indication of future purchase levels.

Goal: The goal of this RFR is to achieve the best value for Commodities and Services for the Agency.

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.

Pricing - Price Limitation: The bidder must agree that no other state or public entity customer within the United States of similar size and with similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. If the Commonwealth believes that it is not receiving this lower price as required by this language, the bidder must agree to provide current or historical pricing offered or negotiated with other state or public entities at any time during the contract period in the absence of proprietary information being part of such contracts.

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 to this solicitation.

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. The requirement to use PPD offerings may be waived by the PMT 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 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.

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 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:

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 at: 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 Operational Services Division’s SDO webpage at: www.mass.gov/sdo The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

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) for the purpose of monitoring and enforcing compliance of subcontracting commitments.

IV.

PROCUREMENT SCOPE

The Massachusetts Executive Office of Labor and Workforce Development (EOLWD), Department of Industrial Accidents (DIA), is seeking quotes from qualified Bidders who are able to:

(1) Provide 21 new machine shorthand writers, model “Diamante” or 100% compatible equivalent.

(2) Provide on-sight training on the operation of the new machines to all hearing stenographers after machine writers are received by DIA..

(3) Provide most current version of Case CATalyst™ computer aided software (or 100% compatible equivalent). All Computer Aided Transcription software (CAT) must be 100% compatible with existing Case CATalyst™ software including 100% accurate transfer of existing user dictionaries.

(4) Provide on-sight training for Case CATalyst™ computer aided software (or 100% compatible equivalent) during the term of the contract as requested.

(5) Provide software updates, as they become available, for Case CATalyst™ computer-aided software (or 100% compatible equivalent) and selected stenography machines at no additional charge with active software support contract.

(6) Provide a business-hour technical support software contract for Case CATalyst™software (or 100% compatible equivalent). Provide technical support services for new Diamante or 100% compatible equivalent model machines. Technical support for both software and machines should consist of: on-sight technical services, if required; telephone technical support, or live chat technical support.

(7) Provide schedule of preventive maintenance protection plans for stenography writers once new equipment warranty has expired. The maintenance protection plan shall provide for an annual cleaning, the repair and replacement of parts, or a refurbishment. The plan(s) shall provide for the option to have a loaner machine program, or the option to purchase a plan without a loaner machine program. The bid response shall also include the option to purchase additional yearly maintenance protection plan(s).

(8) Provide shorthand writers when necessary. Writers may be purchased in small or large quantities as needed to replace existing machine writers.

(9) Provide a list of Market Basket items available for purchase. The items shall include, but not limited to, machine writer batteries, tripods, electrical cords, microphones, carry cases, SD cards, and any other accessories associated with either the Case CATalyst™ software (or 100% compatible equivalent), and machine shorthand writers purchased. Additional goods or services may be added to the market basket throughout the life of the awarded contract. If needed during the life of the contract, additional Market Basket items may be requested.

(10) All new equipment and software must be compatible with current laptop equipment (Dell Latitude E5530, operating system Windows 7) in use at the Agency.

(11) Bidders may be requested to provide a demonstration and overview of proposed equipment and software.

This is a competitive procurement process. Private for-profit and non-profit entities, public organizations, including educational institutions, and minority and women-owned businesses are encouraged to apply.

V.

GENERAL INFORMATION

VI.

ACQUISITION METHOD

This is an outright purchase including maintenance.

VII.

SINGLE OR MULTIPLE CONTRACTORS

The Agency is seeking a single Contractor to provide the services set forth in this RFR. The selected Bidder may NOT subcontract any portion of the award.

VIII.

SINGLE OR MULTIPLE DEPARTMENTS

Other departments\political subdivisions may contract under this RFR.

IX.

ANTICIPATED DURATION

DURATION OF CONTRACT: The anticipated duration for this Contract is for an initial 5-year period plus three (3) optional renewal periods of up to two (2) years each, at the sole discretion of the Agency.

RENEWAL PERIOD: The Contract may be renewed, after the initial 5-year period, for three additional periods of up to 2 years each, at the sole discretion of the Agency and subject to funding availability, contract negotiation and the Contractor’s performance.

AMENDMENT CRITERIA: If additional, upgraded, Market Basket or revised services are required by the Agency, the contract may be amended at pricing agreed to by both parties. The Amendment will be subject to funding availability, contract negotiation and the Contractor’s performance.

X.

ESTIMATED VALUE OF THE CONTRACT

EOLWD 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.

All services must be offered at a reasonable cost which cannot exceed the funding levels established by the Agency.

XI.

MANDATORY REQUIREMENTS

A.

Bidders must read and sign the “Statement of Acceptance Response Form”, where Bidder acknowledges that it has read this RFR and is in compliance with all the Mandatory Requirements, Qualifications, Specifications and other provisions of this RFR and that Bidder has submitted the required Forms and Attachments. (Refer to Attachment A.)

B. Single Point of Contact (SPOC). The Bidder must provide the Agency with a Single Point of Contact (SPOC), who will act as recipient of all notices and communications between the parties. Furnish the name, title, address, telephone number, fax number and email address of the SPOC (Refer to Attachment B, Bidder’s Designated Single Point of Contact.)

C. Registration with the Massachusetts Secretary of State: All Bidders that are business entities, whether within the Commonwealth of Massachusetts or from another state that conduct business operations within the Commonwealth of Massachusetts, must be registered with the Office of the Massachusetts Secretary of State and file the required business fillings with that Office. A Business entity required to file will include: a) Corporation; b) Limited Liability Partnership (LLP); c) Limited Partnership; d) Limited Liability Company (LLC); and e) Business Trust. The required filing is in accordance with Massachusetts Law and enables the Agency to ascertain the accuracy of certain representations made by the Bidder. For further information and guidance, refer to the Secretary of State’s website at: www.sec.state.ma.us/cor/corcom.htm or contact the Secretary of State’s Office at: (617) 727-9640. EOLWD will not enter into a contractual relationship with a Bidder whose business profile, as described above, requires registration but has not registered their business entity with the Secretary of State’s Office.

D. Ownership of Responses or Data; Confidentiality of Agency Information: All documentation, materials, data, etc., submitted in response to this RFR shall become the property of the Agency and will not be returned to the Bidder. Bidders are cautioned that ideas, information, techniques, etc., submitted as part of Bidder’s response may be used by the Agency without separate payment to the Bidder. Data created or collected by the Contractor in performance of this Contract shall be the property of the Agency. Data provided to the Contractor by the Agency shall remain the property of the Agency. Contractors may not release or make use of such data except as provided by the Contract or as authorized in writing by the Agency. The Contractor shall comply fully with all security and confidentiality procedures of the Agency in the performance of the Contract. Upon termination of the Contract, all data created, collected or received by Contractor in performance of this Contract shall be returned or transferred to the Agency in hard-copy form and/or electronic form, as the Agency shall direct. Data transferred to the Agency electronically shall be in such format as the Agency shall direct, i.e. downloadable to MS Word, Excel or Access. The Agency shall also have the option to direct Contractor to destroy some portion or all Agency information or data at the termination of the Contract in lieu of returning it to the Agency, if the Agency shall so determine.

E. Bidder’s Organizational Profile, Experience and References: (Refer to Attachments C, D and E.)

1. Organizational Profile: The Bidder must provide a brief organizational profile, including Bidder’s Organizational Chart, outlining the Bidder’s overall operations, financial stability, qualifications and organizational capabilities related to providing the services described in this RFR (Attachment C.)

2.

Bidder’s Experience: The Bidder must demonstrate that it has a minimum of 10 years of experience providing the services described in this RFR. The PMT reserves the right to award additional points to Bidders that exceed the mandatory 10 years of experience requirement. Include the number of years Bidder has been in business and the number of years Bidder has been in the industry of this RFR (Attachment D.).

3.

Bidder’s References: The Bidder must submit a list of clients for whom Bidder has provided services similar to those described in this RFR (Attachment E.).

XII.

SPECIFICATIONS

Bidders must read and sign the “Statement of Acceptance Response” (Refer to Attachment A) by which Bidder agrees to meet or exceed the requirements of this RFR, including the following:

MANDATORY TECHNICAL SPECIFICATIONS

· All new equipment and software must be compatible with current laptop equipment in use at the Agency (Dell Latitude E5530, USING WINDOWS 7 OPERATING SYSTEM)

· All Computer Aided Transcription software (CAT) must be 100% compatible with existing Case CATalyst™ software including 100% accurate transfer of existing user dictionaries

· The machine shorthand writer must record shorthand strokes to internal memory and have the capability of transferring the stenographic notes/files to a laptop or other storage medium, for simultaneous translation or for later retrieval into the most recent version of Case CATalyst™ (or 100% compatible equivalent)

· The machine shorthand writer must translate shorthand strokes into text directly in the machine without the use of an external computer

· The machine shorthand writer must have the capability of sending shorthand strokes from its built-in serial communication port to the computer-assisted translation system for the purposes of real time reporting

· The machine shorthand writer must provide for the ability to define into text any steno outlines that have appeared untranslated or mistranslated. Future use of that steno outline will appear as defined.

· A soft-sided carrying case must be provided with each machine which will accommodate the machine, the tripod, the charger and extra battery

· Each machine shorthand writer must include a self-locking tripod

· Each machine shorthand writer must include two user-replaceable batteries

Please describe in detail how you will implement the above requirements of the Mandatory Technical Specifications. (Attachment F.)

XIII.

COSTS

The Bidder must state the proposed fees in Attachment G, Cost Sheet.

The Bidder’s Cost Sheet must be all inclusive reflecting all possible business costs, including Market Basket listed items. The Bidder will not be allowed any cost not listed on the Cost Sheet.

XIV.

PAYMENTS

The Agency is not obligated nor will any payments be made for services provided until a fully executed contract between the Bidder and the Agency is in place.

Payments made pursuant to this RFR will be made on a cost reimbursement basis. Requests for payment must be submitted to the Agency authorized designee for review and approval as prescribed in this RFR. All payment requests shall be submitted on the Agency’s Electronic Invoice Form and/or such additional forms determined by the Agency and shall detail the costs incurred during the previous monthly period. (Electronic Invoice Forms will be provided at the time of contracting).

All payments will be made in accordance with the Comptroller’s Bill-Paying Policy and through the Commonwealth’s Electronic Funds Transfer (EFT) program. The Awarded Bidder(s) must participate in the EFT program. As a Bidder convenience, the EFT Request Form is included with the Forms in this RFR.

A.

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 Bidders and the Commonwealth. Bidders must submit terms for Prompt Payment Discount using the PPD form attached to this RFR. The PMT will review, negotiate or reject the offering as deemed in the best interest of the Commonwealth. The Agency will consider the availability of PPD in its overall evaluation of lowest cost and best value for the Agency for Bidders that participate in PPD. (Refer to Attachment H.)

XV.

SUBCONTRACTING, STAFF SUBSTITUTIONS REQUIREMENTS

Subcontracting is not allowed under this solicitation.

XVI.

PERFORMANCE MEASURES

The selected Bidder will be required to demonstrate satisfactory job performance under the awarded contract. Performance measures will consist of, but not be limited to, the selected Bidder’s ability to provide the services in accordance with the RFR and negotiated terms and conditions of the contract and the quality of the selected Bidder’s services. If a Bidder fails to provide satisfactory performance, the Agency reserves the right to develop corrective action plans including but not limited to, withholding funds and taking all appropriate steps to remediation and/or termination.

The Bidder’s performance will become part of the Agency procurement file. The Agency reserves the right to use the Bidder’s performance pursuant to this RFR as a qualifying basis for future RFRs and other programs administered by the Agency. The Agency may reject a Contractor’s request to participate in other programs based on negative performance results.

XVII.

REVIEW, EVALUATION AND SELECTION

Responses will be reviewed by the PMT and Agency staff. Responses will be evaluated and scored according to best value principles and the criteria found in the Evaluation Criteria below. Reviewers will be instructed to consider reductions to proposals which are internally inconsistent, unclear, and/or do not respond fully to the requests made in the RFR.

The Response must be submitted on or before the due date and time. All Responses must convey all of the information requested in order to be considered responsive. If the Response does not conform to the essential requirements of this RFR, the Agency may determine that the variance is significant enough to consider the proposal non-responsive. The Evaluation Criteria are as follows:

· Bidder’s proposed price/quote

· Stenography machine shorthand writers and software

· Requirements as described in IV Procurement Scope & XII Specifications

· Bidder’s References The qualified Bidder providing the best value for the Agency will be awarded the Contract.

The PMT reserves the right to reject any and all responses, or to accept any and all responses, in whole or in part, if deemed in the best interest of the Agency.

FORMCHECKBOX

This is a small procurement - Small Business Purchasing Program is applicable.

Small procurements (value > $5,000 and < $150,000) are targeted to small 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. 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.

XVIII.

SUBMISSION OF WRITTEN QUESTIONS

The “Bid Q&A” provides the opportunity for Bidders to submit written questions and receive written answers from EOLWD regarding this RFR. All Bidders’ questions must be submitted through the Bid Q&A on COMMBUYS. All responses will be posted through Bid Q&A on COMMBUYS. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar (Section I). EOLWD reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions. Upon confirmation, Bidders must send a validation email with the COMMBUYS confirmation email attached to contracts&procurement@detma.org.

Please note: This inquiry procedure provides the only means by which a Bidder may request information on the performance, business and procedural requirements of this RFR. Questions submitted using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted. The source(s) of the question(s) will not be revealed.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusive, or otherwise objectionable, including information about the Bidder’s firm or other firms. EOLWD reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of EOLWD or this RFR. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bidders are cautioned that an inquiry should be presented in generic terms and MUST NOT CONTAIN COST DATA. The inclusion of cost information in an inquiry may result in the Bidder’s disqualification.

All documentation, materials, data, etc., submitted in response to this RFR shall become the property of EOLWD, and will not be returned to the Bidder.

Submitted quotes must state that the proposed bid will be considered valid for a minimum of ninety (90) calendar days.

XIX.

ANSWERS TO WRITTEN SUBMITTED QUESTIONS

Answers to written questions submitted will be posted to Commbuys. (Refer to Section I, Procurement Calendar).

Prospective Bidders must access Commbuys at: www.commbuys.com.

Steps to access Commbuys:

1. Access Commbuys at: www.commbuys.com

2. Click on:

· “Contract & Bid Search”

· “Bids”

· “Organization” 1043 – Executive Office of Labor and Workforce Development

· “Bid Description” Stenograph

XX. RESPONSE REQUIREMENTS

To be deemed responsive, Bidders must complete and submit all the documentation specified in this RFR. All Responses must be complete and must convey all of the information requested in order to be considered responsive.

Bidders may not alter (manually or electronically) the Solicitation language or any Solicitation component files (Attachments, Exhibits, etc.), 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.

If the Response does not conform to the essential requirements of this request, the Agency may deem the Response non-responsive and eliminate the Response from consideration. The Agency reserves the right to contact a Bidder for clarification of required information if deemed in the Agency's best interest.

A.

Forms

1.

Private for Profit and Non-Profit Entities - Required Forms The following forms must be fully completed and are required for submission. The forms listed as “a” through “g” are included in the attached FORMS file of this RFR.

a. Commonwealth of Massachusetts Standard Contract Form: This form must be executed and returned as part of the Bidder’s RFR Response. By executing the Commonwealth of Massachusetts Standard Contract Form, the Bidder certifies, under the pains and penalties of perjury, that it has submitted a Response to an RFR issued by the Agency and that this Response is the Bidder’s offer as evidenced by the signature execution by the Bidder’s authorized signatory, that the Bidder’s Response may be subject to negotiation by the Agency, and that the terms of the RFR, the Bidder’s Response and any negotiated terms shall be deemed accepted by the Agency and included as part of the Contract upon execution of the Commonwealth of Massachusetts Standard Contract Form by the Agency authorized signatory. By signing this form, the Contractor agrees to comply with all applicable Massachusetts and federal laws and regulations and to perform the Contract in accordance with the Commonwealth Terms and Conditions. The Bidder must write in hand, not type or use printer, the date on this form. If the Bidder is a State agency or a Massachusetts Community or State College this form is not required. State agencies or a Massachusetts Community or State College must complete the Interdepartmental Service Agreement form.

b. Commonwealth Terms and Conditions Form: All Bidders must complete, execute and return the Commonwealth Terms and Conditions “as is”. Any changes to the terms are not acceptable. The Commonwealth Terms and Conditions shall be incorporated by reference into any Contract for Commodities and/or Services executed pursuant to this RFR. The information must match the information contained on the Request for Verification of Taxation Reporting Information (Massachusetts Substitute W9 Format) Form. The Bidder must write in, not type, the date on this form.

c. Request for Taxpayer Information Number and Certification (Massachusetts Substitute W-9 Form): The Massachusetts Substitute W-9 Form must be completed and submitted by the Bidder. The Massachusetts Substitute W-9 is not required if the Bidder is a State Agency or a Massachusetts Community College or State College.

d. Contractor Authorized Signatory Listing: This form must be completed, executed and returned as part of the Bidder’s RFR Response. The completed form, executed by the President, CEO, Chief Financial Officer, Corporate Clerk or Legal Counsel for the Bidder, provides a certified listing of those individuals who are authorized to sign contracts and other legally binding documents related to the contract on the Bidder’s behalf.

e. Contractor Authorized Signature Verification Form: This form must be completed, executed and returned as part of the Bidder’s RFR Response. The completed form will provide assurance of Bidder/Contractor Signatory Authorization to execute contracts on behalf of Bidder/Contractor.

f. Commonwealth of Massachusetts Authorization for Electronic Funds Transfer Payments (EFT): Complete and return form.

g. Certificate of Good Standing - Bidder must provide the Agency with a Certificate of Good Standing (Certificate), issued by the Massachusetts Department of Revenue evidencing that an individual, partnership, corporation or other organization is in good standing with respect to any and all returns due and taxes payable to the Commonwealth. Per G.L. c. 62C, § § 51 and 52, G.L. c. 138, § 64 and G.L. 156D, § 15.32, the Commissioner of the Massachusetts Department of Revenue is authorized to issue tax compliance certificates to eligible taxpayers. The fastest and easiest way to obtain a Certificate is via the online application. The issuance of a Certificate of Good Standing may take more than two (2) weeks. Bidders should indicate in their request to the Department of Revenue that the Certificate is sought in connection with a Commonwealth solicitation (include the deadline date). If the Bidder does not supply the requested Certificate of Good Standing with the Response, the Bidder must submit documentation verifying that the appropriate application has been filed. A Bidder that has not provided the Certificate of Good Standing shall provide the Certificate within seven (7) business days after submitting their Response to the Agency. The Agency reserves the right to reject/disqualify and/or deem unresponsive a Bidder that does not provide the required Certificate within the established specified timeframe.