RFR Drug Testing-AMENDED_8-29-17.doc

The Commonwealth of Massachusetts

Executive Office of Public Safety & Security

Department of Correction

50 Maple Street, Suite 3

Milford, MA 01757

Request for Response (RFR)

Document Title: Drug Testing Materials, Service and Supplies ASK "RFR Number/Document Number" \* MERGEFORMAT

· COMMBUYS Bid#: BD-17-1025-DOCFS-FISCM-15877 Agency Document Number: RFR # 2018-DOC-Drug Testing Issue Date: May 5, 2017

SHAPE \* MERGEFORMAT

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 Estimated Procurement Calendar 2.1 Written Question and Answer Process

2.2 Amendment Deadline

Specifications 3.1 Specifications 3.2 Fiscal Terms/ Pricing Other Terms 4.1 Department of Correction (DOC) Terms 4.2 Contractor’s Terms and Conditions 4.3 Reporting.

4.4 Contract Management 4.5 Change Notification 4.6 Invoices and Payment

4.7 Performance Measures

4.8 Contract Amendments

4.9 Contract Renewal …………………………………………………………………………….. 15

Evaluation criteria 5.1.1 Supplier Diversity Plan 5.1.2 Best And Final Offer (BAFO) HOW TO SUBMIT A quote……………………………………………………………………18

6.1 Instructions for submitting a paper Proposal…………………………………………… 21 6.2 Environmental Quote Submission Compliance.

Appendix 1 – Required Terms for all RFRs 7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy………………… 22 7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions…………………………………………………………………………………………… …23

7.2 Terms and Requirements Pertaining to Awarded Contracts 7.2.1 Contractor’s Contact Information 7.2.2 Publicity Appendix 2 - RFR - Required Specifications…………………………………………24 Appendix 3 - Other Required Dept. of Correction Specifications……….29 APPENDIX 4 Instructions for Execution and Submission of Commonwealth Standard Forms appendix 5 - glossary

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking multiple contractors for products that detect drugs of abuse at all of its institutions. The collection method may be urine, hair, oral or any other method the Department deems appropriate.

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 __4__ months away from the maximum and final end date of the solicitation.

1.5 Eligible Entities

This RFR is a “Non-Statewide / Limited User Contract”. This procurement option is conducted and managed by a single Department on behalf of a selected group. Therefore, the resultant contract(s) from this RFR will be open for use to the Issuing Entity (DOC), the Office of the Commissioner of Probation, and the Department reserves the right to open this contract for use to all agencies under the Executive Office of Public Safety and Security upon request. Other Agencies requesting to use this contract must submit a request in writing to the DOC. Approvals granted, if any, will be in writing.

Each of these Commonwealth Agencies will be responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this contract.

1.6 Acquisition Method(s)

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

Outright Purchase This is a rate contract

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:

Initial Duration

Up to 4 years

Renewal Options

2 options to renew, up to 2 years each option

Total Maximum Contract Duration

8 years

1.9 Estimated Value of the Contract

For FY16 the Department expended approximately $80,000.

Federal funds may be used to fund part or all of this contract.

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

For initial submissions

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 Written questions

The question and answer process provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid.

Written Questions

Must be received by: May 16, 2017 11:00 AM EST Bidders may submit written questions concerning any part or attachment of this RFR to the Strategic Sourcing Team Leader. Written Inquiries regarding issues outside of the scope of this RFR will not be considered by the SST. The deadline for the submission of written questions is listed above as well as in the Procurement Calendar.

All written questions must be submitted, by the required date and time, to:

Paula Daggett

Contract Specialist III Paula.Daggett@massmail.state.ma.us 50 Maple Street, Suite 3

Milford, MA 01757 All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted. Questions must be entered in the body of the e-mail rather than in an attachment. The subject of the e-mail should include the words “RFR # 2018-DOC-Drug Testing”. The Bidder is responsible for confirming receipt of its written inquiries with the Strategic Sourcing Team Leader.

It is the Bidder’s responsibility to verify receipt of questions. 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 SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded Contractor and the SST to be lost or rejected by any means including email or spam filtering.

Written Responses released on COMMBUYS on or about:

May 23, 2017 The Bidders’ questions and answers document will be posted to the solicitation site on COMMBUYS. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The Department reserves the right not to respond to questions submitted after this date.

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.

2.2 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.

3.1

The Massachusetts Department of Correction is seeking multiple contractors for products that detect drugs of abuse at all of its institutions. The collection method may be urine, hair, oral or any other method the Department deems appropriate. This procurement will allow other state agencies and departments to contract under this RFR.

Product Requirements All drug test kits must use a technology and methodology that meets all requirements of the Federal Food and Drug Administration under FDA 21 CFR applicable to commercial drug screening tests verified with a 510k notification letter and any related 510k annual reports.

The products must meet all legal standards that relate to the legal validity of the tests when the tests are being used as a screening test for alcohol or illicit drug use.

The Department of Correction currently screens for the following substances:

(0.08% BAC)

20 mg/dL

(BAC 0.02%)

(BAC 0.02%)

N/A

Screening/testing devices shall be as sensitive as possible, but shall at least meet the general cutoff threshold levels established by the Substance Abuse and Mental Health Services Administration (SAMHSA). The screening/testing devices shall meet the cutoff threshold levels required by the Department where no SAMHSA standard exists, or where the Department is seeking a more sensitive cutoff threshold.

In addition to the above drugs, the Department screens for adulteration detection (via tests for creatinine, nitrite, glutaraldehyde and pH).

The bidder shall provide documentation establishing the accuracy of the screening/testing devices, based on clinical test results. The bidder shall identify all substances the screening/testing device will not detect, or will not produce a positive result for the categories of drugs identified above. Additionally, the bidder shall identify all substances known to cross-react, yielding a potentially false-positive result.

The Department reserves the right to negotiate with the successful bidders additional drugs of abuse, based on the needs of the Department, with the same discounting applied.

All submissions must include product literature that clearly identifies each referenced product.

The Department is seeking alternatives to urinalysis testing. These tests may include, but are not limited to, hair samples, sweat patches, oral fluid, breathalyzer etc.

Bidders must clearly state/define what substances each of their products test.

Quality Control/Manufacturing Practices The Manufacturer of the on-site cup must be certified with the International Organization for Standardization (IOS) and submit documentation of certification with proposal.

Product Equipment

If any equipment is to be provided by the contactor, it must be newly manufactured, and currently in production. Remanufactured, discontinued, rebuilt, reconditioned, refurbished, used, shopworn, demonstrator or prototype equipment is not acceptable and shall be rejected. Recalibration of equipment is allowable with prior written approval from the Department’s Substance Abuse Coordinator. It is understood that the Department will benefit from any revisions, alterations, additions, technical improvements or necessary modification in the units offered during the term of this contract at no additional cost.

Maximum Time to Perform a Test The bidder will include in the submission the maximum amount of time required to obtain results from any single on-site or off-site screening or test, regardless of methodology.

Technology Statement Should new on-site technology become available during the contract period, the Contractor will provide the new product technology to the Department’s Substance Abuse Coordinator for evaluation/consideration. If new technology results in discontinued use of contracted product, then the new acceptable technology will be provided to the Department and participants at no additional cost.

Product Substitution

The contractors must obtain written approval from the Department prior to substituting products. All substitutes shall be offered at the discounted price or at the cost pre-approved by the Department prior to shipment by the Contractor. The contractors will not in any way cause, condone, or encourage the purchase substitution of a Department ordered product without the approval of the ordering facility.

Product Reliability False positives shall not exceed .05%. By case law all positive samples, absent an inmate admission, will be confirmed at an outside laboratory utilizing MS/GC methodology. The Department will monitor false positives. False positives between .05% and 10% may be grounds for termination of a Contractor’s contract. False positives exceeding 10% will result in contract termination.

Defense of Legal Challenges to the Product

In the event that legal challenge(s) arise as to the validity and reliability of the product or test results, the Contractor must provide assistance to the Commonwealth in defending the challenge(s) by providing all requested documentation, technical expertise and testimony at no expense to the Commonwealth.

Delivery Time

For any award issued under this RFR, the Contractor must deliver all supply items within five (5) Commonwealth Business days upon receipt of order, unless otherwise stipulated by the Department. If complete orders are unable to be delivered within a five (5) day period, the Department must be notified at the time the order is placed of any unavailable item and the expected delivery date.

Currently all deliveries go to the warehouse at MCI Concord. The hours of operation are between 7am – 3pm. It is highly desirable that all deliveries are made in the morning hours.

In addition to all other rights and remedies the Department reserves the right to reject items delivered late.

Failure to deliver on time may be grounds for termination of a Contractor’s contract.

Training

The Bidder must provide, at a minimum, initial training in the use of its testing material(s) at the Department of Correction and at any other time as requested. Other state agencies may also request training to address their needs and must be similarly accommodated.

3.2 Fiscal Terms / Pricing The acquisition method(s) to acquire goods and/or services from this Solicitation are… Instructions for Completing Price List

Bidders are to complete the Price List and submit with their response. A Price List must be submitted with the bidder’s response. The Price List is to be submitted exactly as it is formatted in the Excel worksheet by the Department. Any changes to the formatting of the Price List may result in the following actions, including but not limited to, resubmission of the Price List as formatted by the Department or what is submitted may be found non-responsive without further evaluation and the bid disqualified. If a bidder chooses to submit pricing information in another format, they must create and submit a separate document as an Excel spreadsheet and be clearly identified. The Department may or may not review, accept or evaluate the document.

The Price List is to state the cost per test, by test device, and the cost for 50 size kits and 100 size kits and to include any high volume purchase discounts. Bidders’ submissions should be in the form of a percent discount against an identified price list for the items identified within the Request for Response Price List.

Percent Discount(s) and Price Lists(s) stated within submissions shall be firm for the initial contract period (three years). Any negotiated prices and discounts for subsequent options to renew periods will be firm for the time periods of the options to renew.

Price extensions and/or price increases must be exercised by the Contractor at least forty-five (45) days prior to the expiration of the initial contract period for the option to renew. Contractors requesting price changes for the options to renew must submit such requests to the Department. Unit price increase requests or requests to use an updated price list for the option to renew must include documentation supporting the reasons for the requested change written on the Contractor’s letterhead, including but not limited to:

· Identified price increase and their source, e.g., raw material, labor.

· Copies of business publications, market quotations, or the trade journals generally recognized as representative of the trade or industry that indicate market trends for the contract commodities.

· Copies of old and new price lists, if applicable, reflecting price changes.

The Department reserves the right to request additional information. The Department shall address price change requests by:

· Negotiating a price change and extending the contract for the contract extension period (option to renew) at the new price, or

· Denying at the requested price increase and continuing or extending the contract at the initial contract price.

The Department is looking for pricing discounts and high volume purchasing discounts factoring options to renew beyond the initial duration.

New technology shall be made available to the Department under this contract to replace any products at the same price or discount.

The Department is looking for the “best value” response that provides the greatest quantity of commodities and services, at the highest quality. Best value may include, but is not limited to, providing discounts, incentives, additional complementary commodities, price and services or other benefits to the Department. Best value is to be clearly and further defined by the bidder in their response and will be awarded extra points in the evaluation as determined by the evaluation team.

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:

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.

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property. Exceptions must have prior approval. Background checks will be completed for individuals performing any work inside DOC facilities under this contract and at any time during this contract. Upon request by the DOC, the contractor will provide the DOC with specific information to be used to complete background checks. Personnel shall be subject to the provisions of 103 DOC 225, Professional Boundaries Policy; specifically the dress code requirements stated in 103 DOC 225.03(8). Body piercing and tattoos that pose security risks shall not be allowed. The possession or use of any tobacco products are prohibited on Department property.

DOC Rules and Regulations: It must be fully understood by the bidders/contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

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, Sexual Harassment / Abuse Response And Prevention Policy (SHARPP),the, 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, Sexual Harassment / Abuse Response And Prevention Policy (SHARPP), 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, ACA, and/or any other entity.

Before hiring or promoting employees who may have contact with inmates, the Contractor, as an extension of the DOC, shall abide by § 115.17 Hiring and promotion decisions.

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.

4.2 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.

4.3 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.

4.4 Contract Management

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 concerning 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:

Paula Daggett, Contract Specialist III

Pamela Mullin, Substance Abuse Coordinator

508-422-3390

Pamela.Mullin@MassMail.State.MA.US

Paula.Daggett@Massmail.state.ma.us

4.5 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.

4.6 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:

· Name and address of Contractor

· Telephone number, fax number, and e-mail contact address

· Date of invoice and date of delivery

· Name of Department contact person

· Prompt payment discount terms

· 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.

Prompt Payment Discounts

Contractors are required to offer prompt payment 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.

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

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 form 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.

4.7 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.

4.8 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.

4.9 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.

5 Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the 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

Price List 50 Points

Clinical Test Accuracy 25 Points

Maximum Time to Perform Test 10 Points

Training Capabilities 10 Points

Technical Service and Support 10 Points

Contract Manager – assigned 10 Points

Customer Service Plan 10 Points

Subtotal:

125 Points Supplier Diversity Plan: (minimum of 10% weight) 15 Points

Total:

140 Points Added Value: (Up to 5 possible points each added value) Added Value is determined solely by the Strategic Sourcing Team (SST). Added Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points on a case by case basis.

5.1.1 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 9. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.1.2 Best and Final Offer (BAFO)

After the deadline for response submission, the department reserves the right to extend a Best and Final Offer 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

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.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

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

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. 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.

12. 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.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

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

15. 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.

16. 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.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

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

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

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

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.

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.

6.1 INTRUCTIONS 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 # 2018-DOC-Drug Testing 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: Paula Daggett, Contract Specialist III

E-Mail: Paula.Daggett@massmail.state.ma.us Quotes must be submitted in a sealed envelope and include one (1) original signed copy and (4) duplicate copies.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

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 initially no later than June 1, 2017 and thereafter March 1, 2025 2:00PM to the address listed above. This is a rolling enrollment contract.

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.

6.2 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.

7 Appendix 1 – Required Terms for all RFRs

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.