RFR FAC126 - Records Management, Digitization and Archiving Services (1).docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Records Management, Digitization, and Archiving Services

Agency Document Number: FAC126

COMMBUYS Bid#: BD-24-1080-OSD03-OSD03-97237

03/19/2024

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. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

REQUEST FOR RESPONSE FAC126 Records Management, Digitization, Storage and Archiving Services

Document Sensitivity Level: High during development; Low once published. Template v 4.1.0

REQUEST FOR RESPONSE FAC126 Records Management, Digitization, Storage and Archiving Services

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the FAC126 Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Records Management, Storage, Digitization, and Archiving Services The resulting contract will replace the equivalent services provided under Statewide Contract FAC96 and will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Contract will also be available for use by other Eligible Entities.

Services will include, but may not be limited to, the following: storage space, transportation, retrieval, digitization, data storage, and destruction of records. Record types include but are not limited to paper, digital, and audio/video files.

Commercial and library moving services have been procured under a separate Statewide Contract, FAC127 – Moving and Storage Services.

Bidders are required to complete and submit Attachment A: FAC126 Bidder Response Form. This form is used to provide a description of company qualifications, a description of the services and products offered and their pricing, Bidder references, and a description of the Bidder’s environmental products and practices.

The Scope of this procurement includes the following services and products:

· Digitization Services

· Archiving Services

· Monthly Storage Services

· Retrieval Services

· Transportation delivery/pick-up services

· Emergency delivery/pick up services (retrieval capability 24/7-365 days)

· Destruction Services

· Other related services

· Supplies, such as storage boxes

Estimated Procurement Calendar

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

*See Appendix 2: “Instructions for Vendors Responding to Bids Electronically through COMMBUYS” for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

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 accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration:

The term of this Contract is seven (7) years.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $25 Million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. 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.

This Estimated Value was derived by reviewing Contractor sales reports of purchases of records digitization and archiving services by Commonwealth of Massachusetts eligible entities for FY 2019 through Q1 2023 under the previous Statewide Contract FAC96.

Estimated Number of Awards The estimated number of awards is10. The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties, and other political subdivisions

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein

· Independent public authorities, commissions, and quasi-public agencies

· Local public libraries, public school districts and charter schools

· Public hospitals owned by the Commonwealth

· Public institutions of higher education

· Public purchasing cooperatives

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

Bidder Qualifications Company experience Years in the industry of the Bid Bidders must have been in the business of providing the services proposed for at least the two most recent consecutive years prior to the submission of their Quote.

In the case of companies formed fewer than two years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Bidders must provide the number of years they have been in the records management, digitization, and archiving services industry and a summary of their experience providing the types of services they propose for this contract using the Bidder Profile & Qualifications tab of Attachment A: FAC126 Bidder Response Form.

Employee and/or business technical/business experience, certifications, licenses The bidder shall submit on the Bidder Response Form bidder profile information, company experience, and contact(s) who will be responsible for the overall management, reporting and ensuring adherence to the performance measures of this contract during normal business hours.

The Bidder(s) awarded contracts pursuant to this RFR must comply with all regulations and restrictions put forth by the Eligible Entity, such as but not limited to individual Building Work Permits, etc. The Bureau of State Office Buildings (BSOB) has a required permit policy for all BSOB run State buildings. Contractors must obtain permits prior to the commencement of any services in these buildings.

Continuity of Operations Plan (COOP) Bidders must indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business, including the protection of items in storage, in case of an emergency. Bidders awarded contracts agree to provide access to their Continuity of Operations Plan to Eligible Entities upon request.

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

· Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

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

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

Financial stability including bankruptcy, litigation and contract defaults Certificate of Financial Good Standing Bidders must provide a Certificate of Good Standing from the Department of Revenue (DOR). Visit DOR website https://www.mass.gov/info-details/dor-certificate-of-good-standing-andor-corporate-tax-lien-waiver-faqs for more information.

For out of state Bidders: if a certificate from DOR is not available, bidder must provide equivalent documentation/ justification of financial standing to be reviewed by the SST. The SST reserves the right to request additional information/ clarification.

Bankruptcy, litigation, and contract defaults In order to be considered for a contract award Bidder must not have filed for bankruptcy during the two (2) years prior to the Bid Opening Date (submission deadline).

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

References and reference information and/or requirements Using Attachment A: Bidder Response Form, Bidders must provide the contact information of three (3) customers of archiving and/or digitization services willing to provide references. The customer engagements must have occurred during the two years prior to the date of submission of the quote (response to this bid solicitation). A description of the type of service must be provided for each reference. Bidders agree to provide additional references upon request by the SST. After contract award, vendors agree to provide references upon request from Eligible Entities.

SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Service Specifications for Records Management and Digitization Bidders must describe their ability to store and/or digitize the types of records listed in this section. Bidders may use the corresponding section of the FAC126 Bidder Response Form or the information may be submitted in a separate attachment following the filename format of “CompanyName_ServiceDescription.doc/.pdf”.

The types of records that will require records management, digitization, storage, and archiving include, but are not limited to general administrative office files, personnel files, criminal files, legal files and medical files, etc.

For a list of additional file records not mentioned below please refer to the Massachusetts Statewide Record Management Division at the Secretary of State Records Retention Scheduled https://www.sec.state.ma.us/arc/arcpdf/MA_Statewide_Records_Schedule_updated2022-10-31.pdf All records included in the current Massachusetts Statewide Records Retention Schedule will be covered by any contract resulting from this RFR.

All records must remain within the continental United States at all times.

Retention Schedule Bidders must be aware that the Commonwealth’s public entities are required to retain public records for specified durations, these durations may vary depending on the content and type of record, under the guidance of the Office of the Secretary of State and the Records Conservation Board.

The Massachusetts Statewide Retention Schedule, published by the Secretary of the Commonwealth, is produced under the statutory provisions of Massachusetts General Laws Ch. 4, § 7(26), c. 30 §42, and c. 66, §§ 1, 8 and 9. This schedule applies to all records of state government including those of executive departments, constitutional offices, authorities, independent agencies, and state records being managed by contracted service providers. Further, this schedule applies to all records, regardless of location and form. This schedule does not apply to municipal government records.

With limited exceptions, Approval of the Records Conservation Board is required before any records may be destroyed.

The Approval of the Massachusetts Archives for the transfer of permanent public records or public records that are designated for “Archival Review” in the Massachusetts Statewide Retention Schedule is required.

For further information please refer to the Massachusetts Statewide Record Management Division at the Secretary of State which includes the link to the Record Retention Schedule.

https://www.sec.state.ma.us/divisions/archives/records-management/agency-records.htm https://www.sec.state.ma.us/divisions/archives/records-management/municipal-records.htm Permanent Public Records Digitization of Permanent Records (General Statement of Work) Public records designated as “Permanent” in the Massachusetts Statewide Retention Schedule require a higher level of digitization parameters throughout the digitization process than non-permanent public records. Permanent public records can span from 17th century to the twenty-first century on modern paper.

Permanent public records may include, but are not limited to, fragile, historically significant, and oversize records and materials, and an array of photographic negative, print and transparency formats all requiring both special care and handling needs and unique digitization thresholds. Generally, these types of permanent public records can be classified as cultural heritage materials.

Digital preservation-class imaging is guided by the Federal Agencies Digital Guidelines Initiative (FADGI) Technical Guidelines for Digitizing Cultural Heritage Materials. The FADGI Guidelines, currently in its 3rd ed. (2023), has been adopted for use by the cultural heritage and archives preservation management community.

https://www.digitizationguidelines.gov/guidelines/digitize-technical.html The Massachusetts Archives under the Office of the Secretary of State, the repository of the permanent public records of the Executive Branch, recommends that state agencies digitize their permanent public records at the FADGI standard.

https://www.sec.state.ma.us/divisions/archives/records-management/digitization-guidelines.htm Digital preservation-class imaging, especially at the FADGI 3-star compliance level touches a range of parameters, including the physical space environment in which the digitization is taking place, the equipment used and the frequency of their calibration, the training of the technicians (including responsible handling of historic materials), the file formats, metadata, and inspection, quality assurance and quality control for 100% of the images.

Conformance to Level B of the ISO 19264-1:2021 (Photography—Archiving systems—Imaging systems quality analysis—Part 1: Reflective originals) is also acceptable in its equivalency to FADGI 3-star compliance.

Vendors bidding on digitization projects under FAC126 in which the buyer specifies compliance to FADGI 3-star (or its ISO 19264-1:2021 Level B equivalent) must meet the FADGI 3-star compliance requirements.

It is desirable that bidders provide confirmation of their FADGI compliance via third party certification as an attachment to the bid submission or a link to a publicly accessible website. The confirmation must indicate the FADGI star rating.

General Administrative Office Files The general office file records may vary, in size, weight and texture, by user department. Records may consist of various information and files. These documents will be required to be boxed and identified by the vendor and the potential exists for the storage of additional associated general file records.

The information contained in the files is privileged information and must be treated as such. The Contractor shall take all measures necessary to ensure that the confidentiality of these files is protected as required by law. Any violation of these provisions may result in criminal or civil penalties as provided by law.

Written approval by the user department is required prior to the destruction of records.

Personnel Files The personnel file records may vary, in size, weight and texture, by user departments. Records may consist of applicant files, hiring packages, certification lists and arbitration documents. These documents will be required to be boxed and identified by the vendor and the potential exists for the storage of additional associated personnel records.

The Contractor and its employees shall be bound by all provisions of law, including the following:

M.G.L., Chapter 4, § 7 (26), the statutory definition of “public records” which exempts: “personnel and medical files or information; any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy....” from said definition. Therefore, such files, information and data are not public records.

M.G.L., Chapter 66, § 10 prohibits the disclosure of the home address and home telephone number of correctional personnel as well as the name, home address and telephone number of a family member of any such personnel.

M.G.L., Chapter 66A, §2, and department policy, mandate that all personal data contained in personnel records are confidential material. Employees and former employees have a right to privacy regarding said data unless the employee or former employee has given his/her written consent as provided under the law.

Therefore, the personnel records shall be treated as confidential as mandated by law. A designated person at the department must approve of all Contractor employees who would be able to access names and other personal information and data to handle the department’s personnel records. The Contractor shall take all measures necessary to ensure that the confidentiality of all such interests is protected as required by law. Any violations of these provisions may result in criminal or civil penalties as provided by law.

Written approval by the user department is required prior to the destruction of records.

Criminal Records Criminal Records is governed by the policy for Inmate Case Records 103 CMR 155. Criminal records may consist of paper documents loosely filed in the folder. Additional “records” may consist of logbooks, micro-film, and inmate commitment documents. These are of various sizes, weight, and textures. They will need to be boxed and identified by the Contractor.

The information contained in the records is confidential by law. All employees who would be able to access names or other personal identifiers must be approved by the Department of Criminal Justice Information Services (DCJIS) as eligible to handle criminal offender information (CORI clearance). There will be two types of records stored, similar but not duplicates. There are the institutional record and the central record. These records are not to be stored in the same physical location such that a fire (or other occurrence) could destroy both of them. The Contractor shall take all measures necessary to ensure that the confidentiality of all such materials is protected as required by law. Any violation of these provisions may result in criminal or civil penalties as provided by law.

Safeguards against Loss/Destruction The contractor’s staff member designated by the Departments Records Manager to be responsible for the case record folders shall ensure their maintenance in locked files that are safe from unauthorized access, theft, and loss or damage by fire, smoke, and water.

Written approval by the user department is required prior to the destruction of records.

Legal Records Legal records may vary from department to department. Records may consist of court cases, contracts or other important legal records, information, etc.. The content of boxes may vary. There may be paper documents, audio/video tapes, compact disks (CDs), 3-ring binders, etc.

The information contained in the records is privileged and must be treated as such. The Contractor shall take all measures necessary to ensure that the confidentiality of these records is protected as required by law. Any violation of these provisions may result in criminal or civil penalties as provided by law.

Written approval by the user department is required for the destruction of records.

Medical Records Medical records encompass many clinical files with private, confidential information. Medical Record files can vary from personal case files to doctor/hospital visits, as well as individual records which are used for investigation purposes.

The information contained in Medical Record files is protected by federal and state law. Including most notably:

Federal Law: The Health Insurance Portability and Accountability Act of 1996. Pub. L. 104-191. Stat.1936. the HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information. The Security Rule specifies a series of administrative, physical, and technical safeguards for covered entities and their business associates to assure the confidentiality, integrity, and availability of electronic protected health information. A summary of this law’s privacy rule can be found here: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html The full law (169 pages): http://www.gpo.gov/fdsys/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf M.G.L., Chapter 4, § 7 (26), the statutory definition of “public records” which exempts: “personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy” from said definition. Therefore, such files, information and data are not considered public records.

The information contained in the records is privileged and must be treated as such. The Contractor shall take all measures necessary to ensure that the confidentiality of these records is protected as required by law. Any violation of these provisions may result in criminal or civil penalties as provided by law.

The destruction of records will be only upon written approval by the user department.

Conditions for Storage/Archiving Services The physical security for these records must be clearly defined in the proposal. These records are to be stored in such a manner that all reasonable steps are taken for the protection of said records from extreme heat and cold, high humidity, physical damage or unauthorized removal, including procedures for adequate fire detection and extinguishing systems, protection against water and smoke damage, watertight facilities, alarm systems, safes and locked files, window bars, security guards or any other devices reasonably expected to prevent loss through larceny or other means of unauthorized removal for manually held records.

Loss/Destruction - Bidder(s) awarded a contract as a result of this RFR will be responsible for all files stored and/or archived files in their facilities from unauthorized use, theft and loss or damage by fire, smoke and water.

It is anticipated that the number of records stored may increase. Bidders are to state in their response their capability for expansion of storage.

Retrieval and delivery of these records will occur within specified time frames identified by the user. The vendor will only work with department contact identified in the Statement of Work (SOW). Destruction of all records will only be processed upon written approval by the authorized department contact.

It is desirable that the Contractor provide secure online access via the Internet for the purpose of tracking, status, automated inventory, account management, management alerts and notifications, document retrieval, billing and reporting. Please refer to the Commonwealth Enterprise Technical Reference Model (ETRM) page for enterprise standards and Commonwealth standard and policies page.

The Contractor is to define in detail their automated records management and retrieval system in their response, with the types of reports that are available through this system. As applicable, Contractors are to include what the “time out” for lack of activity is for their system. The Department requires no less than 10 minutes for “time out” for lack of activity.

Training for any online access/portal/interface will be provided by the vendor at no cost, if needed.

The minimum standard time for a normal retrieval is to be no more than two (2) business days. Failure to provide records within the two business days may result in penalties. It is required that all records be available for emergency retrieval 24 hours per day, seven days a week.

Security and confidentiality The Bidder(s) awarded contracts pursuant to this RFR must implement security procedures for all records and materials considered confidential. All confidential material and records must be transported in locked vehicles and include continuous oversight, security and control while in the possession of the Contractor. The Contractor may be required to meet specific requirements of the Eligible Entity to assure their confidentiality requirements are satisfied.

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Statewide Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or 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 Commonwealth Agency, including Executive Order 504.

A Contractor may not charge an Eligible Entity a security deposit or for additional insurance for any service under this Statewide Contract.

Disposal services, data erasure, ability to be recycled and end of life requirements Paper Shredding and Secure Document & Media Destruction Bidders and any subcontractors that provide document or media destruction must have NAID, the National Association of Information Destruction, certification in place before a contract can be awarded. The NAID Certification Program https://isigmaonline.org/ establishes standards for a secure destruction process including such areas as operational security, employee hiring and screening, the destruction process, responsible disposal and insurance. NAID certification is mandatory for all bidders and bidders must include a pdf file of their (or their subcontractor’s) certificate with their bid. Certification must remain current throughout the term of the contract. Contractors may be suspended or removed from the contract if there is a lapse in NAID certification.

Bidders offering to provide paper and media shredding services to eligible entities must be able to provide on-site and/or off-site shredding or destruction services to those who request it.

Contractors must provide appropriate procedures to ensure complete confidentiality of shredded materials throughout the process. Contractors must provide a certificate of destruction to the purchasing eligible entity for all shredded or destroyed materials and must agree to recycle all paper materials which have been shredded as well as any recyclable materials resulting from media destruction. In addition, bidders must agree to provide a weight on the material recycled.

If the Contractor will be performing data destruction, media sanitation must comply with the following requirements:

· Bidders must be able to sanitize, purge, and/or destroy data on hard drives and other data storage devices (the National Institute of Standards and Technology’s (NIST’s) Guidelines for Media Sanitation – Special Publication 800-88 88 9 lists categories of devices which need sanitization consideration). Bidders must adhere to the data sanitization, purging, or destruction practices described in the NIST Guidelines for Media Sanitation: Special Publication 800-88 or another current standard accepted by the SST.

· Bidders must document their data destruction procedures.

· Employees involved in data destruction must receive appropriate training on a regular basis.

It is desirable that data destruction processes be reviewed and validated by an independent party on a periodic basis.

Bidders must have the capability to provide written certification of secure data destruction to eligible entities.

Media containing any components regulated as hazardous waste are excluded from this contract, including “Focus Materials” as defined by R2 (http://www.r2solutions.org) standards:

· items containing polychlorinated biphenyls (PCBs)

· items containing mercury

· CRTs and CRT glass

· batteries (excluding alkaline)

· circuit boards in any form Media or components fitting the above descriptions are to be handled through FAC86 Hazardous Waste.

Bidders must indicate any restrictions on the types of media accepted for destruction using Attachment A: FAC126 Bidder Response Form.

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

Contract Transition Vendors are responsible to coordinate with the customer and the outgoing vendor to ensure all records, media, , and materials are moved to the vendor’s facilities in accord with the accepted quote and mutually agreed schedule..

Upon contract termination the Contractor must coordinate with the Customer and the new Contractor to ensure a seamless transfer of records, media, and materials in accord with the accepted quote and mutually agreed schedule.

Order Cancellation Eligible Entities and Vendors must provide a minimum of 48 hours’ notice when canceling services.

Site Inspection Vendors agree to allow customers and the SST to tour the vendors’ facilities and/or to provide digital photos of the facilities for evaluation purposes or on an as needed basis anytime during the contract duration.

Ordering and Quotes Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote agreed to by the Eligible Entity unless otherwise specified.

Environmental Specifications In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

Environmental Benefit Claims/Labeling Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

Desirable Environmental Specifications It is desirable that when providing destruction services bidders have the ability to capture and report on the weight of recycled items. Bidders should describe their recycling practices with regard to destroyed items and their ability to report on recycled amounts using the environmental Practices Form tab of the Bidder Response Form.

Bidders offering scanning services should identify their scanning equipment and whether it is EPEAT registered, using the Bidder Response Form.

Bidders should describe the types of vehicles used, indicating whether they are EVs or hybrids, using the Bidder Response Form.

Bidder Current Environmental Practices Form Bidders must complete this form included as a tab in Attachment A: Bidder Response Form and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

Environmental plan Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Bidders may include written proposals submitted as an attachment [”environmental_plan.docx/pdf” to their Quote detailing a commitment to action contingent upon receipt of a Contract award.

Compensation Structure/Pricing Compensation will be based solely on the pricing submitted by the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS.

Pricing on this Statewide Contract may not be exceeded but may be less than the pricing published on COMMBUYS as a result of discounts due to quantity, volume, and/or competitive situations.

Bidders must complete the Price Sheet tab of Attachment A: FAC126 Bidder Response Form. Bidders may offer pricing for products and services not listed in the Price Sheet, provided that the products and services are within the Scope of this solicitation, by appending rows to the bottom of the sheet.

Volume purchase discounts (VPD) A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) off based upon the total dollar size or a total quantity size for an order with one delivery location.

Prompt Pay Discount All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

Authorized Price Changes Awarded vendors will be allowed to request an update on their prices once per year after the first anniversary of the contract. Requests must be received by March 31st, If approved, price changes will be effective July 1.

Any such requests must be accompanied by documentation supporting the reasons for the requested change. Vendors must be current on all contract reporting requirements for price increases to be considered. The request, written on the Contractor’s letterhead must include identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes.

SUPPLIER DIVERSITY PLAN (SDP)

Program Background Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

All Bidders and Contractors are strongly encouraged to create a profile on the SDO’s Supplier Diversity Hub to access the Commonwealth’s supplier diversity resources and tools.

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract.

The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more…