RFR.WasteWaterAmended.01.09.2024.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CORRECTION

50 MAPLE STREET, MILFORD, MA 01757

Request for Response (RFR)

Document Title: 2019-DOC-9006 Wastewater

COMMBUYS Bid#: BD-19-1025-DOCFS-9006-38981

Agency Document Number: 19-DOC-9006-Wastewater

Issue Date: May 1, 2019

Amendment: 01/09/2024

Changes in RED

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms, and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

RFR 2019-DOC-9006-WasteWater / COMMBUYS Bid# BD-19-1025-DOCFS-9006-38981

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Applicable Procurement Law

1.3 Number of awards

1.4 Adding Contractors after initial Contract award

1.5 Eligible Entities

1.6 Acquisition Method(s)

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

1.8 Contract Duration

1.9 Estimated Value of the Contract

2 ESTIMATED PROCUREMENT CALENDAR

2.1 Point of Contact

2.2 Questions and Answers Regarding the RFR

2.3 Amendment Deadline

3 SPECIFICATIONS

3.1 Fiscal Terms / Pricing

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

4.2 Prison Rape Elimination Act (PREA)

4.3 Security and Confidentiality

4.4 Contractor’s Terms and Conditions

4.5 Reporting

4.6 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

4.7 Change notification

4.8 Invoices and Payment

4.9 Prompt Pay Discounts

4.10 Justified Credits

4.11 Tax Exempt

4.12 Performance Measures

4.13 Contract Amendments

4.14 Contract Renewal

4.15 Contract Termination for Convenience

4.16 Contract Termination for Cause

4.17 Insurance

5 EVALUATION CRITERIA

5.1 Supplier Diversity Plan (Minimum of 10% Weight)

5.2 Best and Final Offer

6 HOW TO SUBMIT A PROPOSAL AND QUOTE

6.1 Bid Response Method

6.2 COMMBUYS Support

6.3 Instructions for Submitting a Paper Proposal

6.4 Environmental Quote Submission Compliance

6.5 Quote Contents

6.5.1 RFR Submission Checklist

6.5.2 Electronic Signatures

6.5.3 Acceptable Forms of Signature

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFR’S

7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy

7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions

7.2 Terms and Requirements Pertaining to Awarding Contracts

7.2.1 Contractors Contact Information

7.2.2 Publicity

8 APPENDIX 2 – REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

8.1 COMMBUYS Market Center

8.2 COMMBUYS Registration

8.3 Multiple Quotes

8.4 Quote Content

8.5 Supplier Diversity Office (SDO) Programs

8.6 Small Business Purchasing Program (SBPP)

8.7 Supplier Diversity Program (SDP)

8.8 Best Value Selection and Negotiation

8.9 Bidder Communication

8.10 Contract Expansion

8.11 Costs

8.12 Electronic Communication/Update of Bidder’s/Contractor’s Contact Information

8.13 Electronic Funds Transfer (EFT)

8.14 Minimum Quote (Bid Response) Duration

8.15 Prompt Payment Discounts (PPD)

8.16 Public Records

8.17 Reasonable Accommodation

8.18 Restriction on the Use of the Commonwealth Seal

8.19 Subcontracting Policies

8.20 Acceptable Forms of Signature

9 APPENDIX 3 – OTHER REQUIRED DEPARTMENT OF CORRECTION SPECIFICATIONS

9.1 No Rights in Third Parties

9.2 Security Clearance

9.3 Application of Department Rules

9.4 Media Releases

9.5 Independent Status

9.6 Cooperation Upon Termination

9.7 Cooperation in Litigation

9.8 Indemnification

9.9 Licensure and Credentialing

9.10 Hiring and Firing and Subcontractor Termination

9.11 Publications

9.12 Staff Meetings

9.13 Estimated Provisions

9.14 RFR Textual Interpretation

10 APPENDIX 4 – INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH STANDARD FORMS ... 30

10.1 Commonwealth Standard Contract Form

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

10.3 Contractor Authorized Signatory Listing

10.4 Supplier Diversity Program Plan Form

10.5 Current Environmentally Preferable Products / Practices Form

10.6 Prompt Payment Discount Form

10.7 Business Reference Form

10.8 Prison Rape Elimination Act (PREA) Acknowledgement Form

10.9 Attachment A – Price Sheet

10.10 Attachment B

11 APPENDIX 5 – GLOSSARY AND DEFINITIONS

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the “Department” / DOC) is seeking responses for the purchase of chemicals, supplies and services to be used in the operations of the Wastewater Treatment Plants that are not available on Statewide contract.

The Department will be adding and deleting chemicals during the duration of the contract to comply with changing regulations and recommended industry practices for the treatment of wastewater.

The Department is seeking to have the chemicals, supplies and services delivered to the Wastewater Treatment plants to include but not be limited to the following physical locations; Water Pollution Control Facilities – Norfolk-Walpole Correctional Complex and MASAC at Plymouth.

Small Business Purchasing Program

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

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies defined as eligible entities, can select.

1.4 Adding Contractors after initial Contract award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) only. Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS). This is a Non- Statewide/Limited User Contract.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are:

This is a rate contract.

Contract will have a maximum obligation

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

All term or other agreements for services entered into during the duration of this contract and whose performance and payment time frames extend beyond the duration of this contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new agreements for services may be executed after the contract has expired.

1.8 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of Options Number of Years/Months

Initial Duration Up to 5 years

Renewal Options 2 options to renew up to 2 years, each option

Total Maximum Contract Duration

9 years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired. The contract will remain open for 1 year after contract expiration in order to finalize all payments for orders received and invoiced prior to expiration.

1.9 Estimated Value of the Contract

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

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

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

2 ESTIMATED PROCUREMENT CALENDAR

PLEASE IGNORE ALL DATES LISTED BELOW IF YOU ARE REVIEWING THIS

DOCUMENT AFTER JUNE 01, 2019.

EVENT DATE

Bid / RFR Release Date May 1, 2019

Written Questions Opened Upon release of RFR

Deadline for Submission of Bidder Written Questions

May 16, 2019 by 2:00 PM

Official Answers for Bid Q&A published (Estimated)

May 21, 2019 by 5:00 PM

Bid Amendment Deadline / Bid documents will not be amended after this date.

June 3, 2019

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

Initial Bids due by June 4, 2019 by 2:00

PM.

Evaluation of Initial Bid Responses (Estimated)

June, 2019

OR AFTER INITIAL AWARD: Rolling Enrollment Bids will be evaluated upon submission.

Notification of Apparent Successful Bidder(s) (Estimated)

June 2019

Negotiations (Estimated) June 2019

Estimated Contract Start Date June 2019

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail.

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

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.

2.1 Point of Contact

All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The Prime point of contact for this solicitation will be:

SST Leader Name: Tiffany Myers SST Leader Title: Contract Specialist III Email address: Tiffany.myers@doc.state.ma.us

2.2 Questions and Answers Regarding the RFR

Questions and clarification requests shall be minimized or aggregated to the extent possible. All questions and clarification requests shall be made by the Bidder by pressing the “Bid Q&A” tab for the RFR in COMMBUYS. Responses to requests for clarification or questions will be provided in writing and issued by the Strategic Sourcing Team Leader via COMMBUYS. In addition, the Department of Correction reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable including information about the bidder’s company or other companies.

The SST 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 the Commonwealth or this bid. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.3 Amendment Deadline

The SST 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 SST and 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.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR The Massachusetts Department of Correction (the “Department” / DOC) is seeking responses for the purchase of chemicals, supplies and services to be used in the operations of the Wastewater Treatment Plants that are not available on Statewide contract.

The Department will be adding and deleting chemicals during the duration of the contract to comply with changing regulations and recommended industry practices for the treatment of wastewater.

The Department is seeking to have the chemicals, supplies and services delivered to the Wastewater Treatment plants to include but not be limited to the following physical locations; Water Pollution Control Facilities – Bridgewater Correctional Complex, MCI Concord, Norfolk-Walpole Correctional Complex and MCI –Plymouth.

3.1 Fiscal Terms / Pricing

The acquisition method(s) to acquire goods and/or services from this Solicitation is to have the chemicals delivered to Wastewater Treatment Plants to include but not be limited to the DOC and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS).

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

Bidders responding to this RFR must complete and return: Attachment A – Price Sheet and Attachment B – Response Sheet. This is not an all-inclusive list of chemicals, supplies and services needed for the Wastewater Treatment plants. Vendors may provide additionally chemicals, supplies and/or services to meet the needs of the Department.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

4 OTHER TERMS

4.1 Department of Correction (DOC) Terms

Because this contract will service state prisons, the Contractor should be aware that emergency situations may occur which could prevent scheduled services to be rendered. In any such case, the Contractor may not be admitted into the applicable institution(s) or on state property, which would not allow the Contractor to perform their service. In these situations, the Contractor will make every effort to return, upon notice by the Department, to perform the scheduled service. In no case, shall the Department be charged for any additional expenses pertaining to these and similar situations.

4.2 Prison Rape Elimination Act (PREA)

The Prison Rape Elimination Act (Public Law No. 108-79), enacted in 2003, supports the elimination and prevention of sexual assault and rape within corrections systems, mandates national data collection efforts, provides funding for program development and research, creates a national commission to develop standards and accountability measures and applies to all federal, state, and local prisons, jails, police lock-ups, private facilities and community settings such as residential facilities.

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody.

All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention, and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

The Contractor shall fully cooperate with the Department’s implementation of Public Law 108-79, The Prison Rape Elimination Act (PREA) and the Department’s implementation of the United States Department of Justice Prison Rape Elimination Act Prison and Jail Standards, 28 CFR 115 (May 17, 2012). Specifically, the Contractor shall comply with all Department policies and procedures and shall develop and implement protocols that are consistent and in accordance with the Department’s current and future policies regarding staff sexual misconduct and other types of abusive sexual behavior, including 103 DOC 519, Sexually Abusive Behavior Prevention, and Intervention Policy.

The contractor, as an extension of the DOC, is responsible for full and complete compliance with the PREA Law and all standards contained in the PREA Prisons and Jails Standards issued by the Department of Justice, including:

Prevention Planning:

(1) § 115.11 Zero tolerance of sexual abuse and sexual harassment; PREA coordinator

(2) § 115.12 Contracting with other entities for the confinement of inmates.

The Contractor is responsible for ensuring that it is in full compliance with the PREA Law and all standards and must achieve a 100% passing score on all PREA audits initiated by the Department, American Correctional Association, and/or any other entity.

No Rights in Third Parties. Except as otherwise expressly provided herein, this contract and all rights hereunder are intended for the sole benefit of the Contractor and the Department. This contract shall not imply or create any rights on the part of, or obligations to, any other person.

4.3 Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers of employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction.

4.4 Contractor’s Terms and Conditions

The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.5 Reporting.

Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.6 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. 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 Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract.

Contract Manager: Contract Monitor:

Enter Name: Tiffany Myers Enter Name: Tiffany Myers Email: Tiffany.myers@doc.state.ma.us Email: Tiffany.myers@doc.state.ma.us

4.7 Change notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to effect the change.

Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.8 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

o Name and address of Contractor o Telephone number, fax number, and e-mail contact address o Date of invoice and date of delivery o Name of Department contact person o Prompt payment discount terms o Valid Department of Correction Purchase Order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation, and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

4.9 Prompt Pay Discounts

Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

4.10 Justified Credits

Written credits will be issued to the fiscal office no later than two business days upon request.

Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

4.11 Tax Exempt

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax-Exempt form from the Department.

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.12 Performance Measures

Any and all work performed through the duration of the contract must be guaranteed by the contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the contractor and may lead to early termination or non-renewal of that contractor’s contract.

4.13 Contract Amendments

The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.14 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

4.15 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of Correction may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of Correction to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of Correction to Contractor, the Department of Correction shall have no further obligation to Contractor. The Department of Correction shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

4.16 Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

4.17 Insurance

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L. c. 258 (which has the same affect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L. c. 29, § 30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own.

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company. Insurance further identified below. Prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the Department of Correction with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Certificates of Insurance Provide copies with response.

Bodily Injury Property Damage Each Person $100,000 Each Accident $100,000 Each Accident $300,000 Aggregate $300,000

5 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders proceed to subsequent stages of the evaluation and/or enter negotiations with the department to receive a Contract award.

The Department is looking for the “best value” response which provides the greatest quantify of services at the highest quality.

Below are the criteria and maximum points available:

Criteria: Maximum Points Available

Pricing 50 Multiple Purchase Discount 25 Delivery 25

Subtotal: 100

Supplier Diversity Plan: (minimum of 10% weight)

Supplier Diversity Plan 10

Total:

Added Value: (Up to 5 possible points per each added value)

Added Value is determined by the Strategic Sourcing Team (SST). Added Value is discretionary.

Added Value could be anything in the proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, and results in a “best value” to the Department and Commonwealth, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points, if any, on a case by case by basis.

5.1 Supplier Diversity Plan (Minimum of 10% Weight)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 8 and Section 10. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.2 Best and Final Offer

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer (“BAFO”) opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

6 HOW TO SUBMIT A PROPOSAL AND QUOTE

6.1 Bid Response Method

Online Bid Submission via COMMBUYS is required. All bids will require the submission of electronic quotes. Responses must be sent via the “Create Quote” functionality in COMMBUYS.

Instructions for Vendors Responding to Bids in COMMBUYS

Bidders will be required to respond electronically in COMMBUYS

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. 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

8. The lower half of the page provides information about the specific goods/services the bid is requesting.

9. Click Create Quote to begin.

10. 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. If “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.

11. 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.

12. 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.

13. The item opens. Input all of your quote information and click Save & Exit.

14. 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.

15. 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.

16. 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.

17. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

18. The Summary tab redisplays with an updated Status for the quote of Submitted.

19. 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.

Note to Bidders:

A) Bidders must enter a unit cost or check no charge if no specific dollar amount is required for the quote. Bidders submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DOC. “No Charge” must be checked or a dollar amount entered in the Unit Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

B) To protect security-sensitive and personally identifiable information, bidders must designate specific attachments as “confidential” prior to submitting their quotes.

6.2 COMMBUYS Support

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

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

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

6.3 Instructions for Submitting a Paper Proposal

Bidders must also submit their response in a sealed envelope that is clearly marked with the RFR reference number RFR # 19-DOC-9006-Wastewater by Bid Opening Date/Time, to the following address: Commonwealth of Massachusetts, Massachusetts Department of Correction - Headquarters 50 Maple Street, Suite 3 Milford, MA 01757 Attention: Tiffany Myers E-Mail: Tiffany.Myers@doc.state.ma.us

Quotes must be submitted in a sealed envelope and include one (1) original signed copy and (2) of duplicate copies.

Any submission which fails to meet the submission requirements of the RFR may 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 bidder to make minor corrections to the submission.

Bid Opening Date/Time (aka Deadline for Proposals) Responses are due no later than June 4, 2019 by 2:00 PM EST to the address listed above.

Bidders must be aware that the Department of Correction Headquarters, located in Milford MA, is a secure building. Bidders will be required to produce and surrender photo identification to security personnel at the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notification must be made in advance with the SST leader if you are considering hand delivery as packages are not allowed to be left at the main desk.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

LATE QUOTES WILL NOT BE CONSIDERED.

6.4 Environmental Quote Submission Compliance

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes submitted should comply with the following guidelines:

All copies should be printed double sided.

All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the Quote.

Unless absolutely necessary, all Quotes and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their Quotes are made with recycled materials.

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

6.5 Quote Contents

Bidders must comply with the requirements below.

6.5.1 RFR Submission Checklist

Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

6.5.2 Electronic Signatures

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

6.5.3 Acceptable Forms of Signature

Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFR’S

7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp

7.1.2 Alterations

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

7.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.1.4 Prohibitions

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 using the contact information provided in the Header Information this Bid in the event t0000hat this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

7.2 Terms and Requirements Pertaining to Awarding Contracts

7.2.1 Contractors Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.2.2 Publicity

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

8 APPENDIX 2 – REQUIRED SPECIFICATIONS FOR COMMODITIES AND SERVICES

Revision Date: October 5, 2021

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 also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms.