RFR - Fentanyl Gloves -v3.pdf

Suffolk County Sheriff’s Department

Request for Response (RFR)

Document Tile: Fentanyl Gloves

COMMBUYS BID#: BD-24-1098-HOC-SDS02-91193

Version: 2

August 15, 2023

All Consultants are responsible for reviewing and adhering to all information, forms and requirements for the entire SOW, which are all incorporated into the SOW. Responses received after the deadline shall be disqualified. All Consultants should plan advance lead time for uploading proposals in a timely manner prior to the deadline. Consultants requiring assistance in the registration and use of COMMBUYS should contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS

Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or

Daylight time, as applicable, except on federal, state and Suffolk county holidays.

mailto:COMMBUYS@state.ma.us

Contents

1. RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1. Procurement Scope and Description

1.2. Background Information

1.3. Applicable Procurement Law

1.4. Number of Awards

1.5. Acquisition Method(s)

1.6. Contract Duration

2. ESTIMATED PROCUREMENT CALENDAR

2.1. Bid Q&A

2.2. Amendment Deadline

3. DEFINTIONS

4. BIDDER QUALIFICATIONS

4.1. Required Criteria

5. SCOPE OF SERVICE

5.1. Service Locations

5.2. Commodity Specifications

5.3. Data Sheet Required

5.5. Delivery

6. PLAN OF SERVICE

6.1. Estimate Quantities

6.2. Order Installments

6.3. Order Fulfillment

7. PAYMENT

7.1. Invoicing

7.2. Separate Invoices for Service Locations

7.3. Returns of Non-Conforming Goods

7.4. Prompt Payment Discount

7.5. EFT Form

8. DOCUMENTS INCORPORATED INTO THE CONTRACT

8.1. Generally

8.2. SCSD Attachments

8.3. Contract Precedence

9. CONTRACT TERMS AND CONDITIONS

9.1. Complete Agreement

9.2. Waiver

9.3. No Agency

9.4. Contract as Independent Contractor

9.5. Notice

9.6. Headings Not Controlling

9.7. Severability

9.8. Indemnification

9.9. Termination for Convenience

9.10. Fiscal Appropriation

9.11. Modifications

9.12. Subcontractor

9.13. Collusion

10. HOW TO SUBMIT A QUOTE

11. EVALUATION CRITERIA

12. CONTRACT AWARD

1. RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1. Procurement Scope and Description

The Sheriff County Sheriff’s Department (SCSD) is soliciting Bidders for the acquisition of gloves to be used for cleaning of chemicals, including fentanyl.

Bidders shall carefully examine the entire RFR and any addenda thereto, and all related materials and data referenced in the RFR or otherwise available, and shall become fully aware of the nature and conditions to be encountered in performing the services.

Bidders are advised to read all sections of this RR (the most recent version on COMMBUYS.com prior to the Deadline) prior to submitting a proposal.

See Bid: BD-24-1098-HOC-SDS02-91193

1.2. Background Information

The SCSD owns and operates the Suffolk County Jail which is located at 200 Nashua Street, Boston, Massachusetts 02114.

The SCSD owns and operates the House of Corrections which is located at 20 Bradston Street, Boston, MA 02118.

1.3. Applicable Procurement Law

The Contract shall be governed by the laws of the Commonwealth of Massachusetts.

1.4. Number of Awards

The target maximum number of Contractors is one (1). This is a target number; the SCSD may award more or fewer Contracts if it is in the best interests of the SCSD to do so.

1.5. Acquisition Method(s)

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

Outright Purchase

Tax Exempt Lease Purchase (TELP)

Term Lease

Fee for Service

Rental (Not to exceed six months)

License x Other: Installment

1.6. Contract Duration

The expected duration of this Contract is as follows:

CONTRACT DURACTION NUMBER OF OPTIONS NUMBER OF YEARS/MONTHS

Initial Duration 1 Year

Renewal Options 2 One Year Renewal Options 2 Years

Total Maximum Contract Duration

3 Years

No goods may be ordered and no new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired.

2. ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date Monday, July 24, 2023

Deadline for Bid Q&A Tuesday, August 8, 2023 at 1:00PM

All Questions must be emailed to Magaly Chinchilla at msalazar@scsdma.org before the above deadline.

Official Answers for Bid Q&A published (Estimated)

Tuesday, August 15, 2023

Deadline for Submission

(“Bid Opening Date/Time” in COMMBUYS)

Friday, August 25, 2023

If the Awarding Authority receives a proposal after the deadline, then the proposal shall be deemed non-responsive and will be returned to the Bidder without consideration, even if the proposal was received late due to the United States Postal Service or an independent delivery service.

If, at the time of the scheduled RFR deadline, the Awarding Authority is closed to the public due to uncontrolled events including fire, snow, or ice or other security matters, the RFR will be postponed until 1:00 p.m. on the next normal business day.

Notification of Apparent Successful Bidder(s) Week of August 28, 2023

(Estimated)

Estimated Contract Start Date Friday, September 1, 2023

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, for Procurement Calendar updates.

2.1. Bid Q&A

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from SCSD regarding this Bid.

All questions as to the interpretation of the Request for Proposals shall be submitted in writing to:

Magaly Chinchilla

Contract Administrator

Suffolk County Sheriff’s Department

20 Bradston Street

Boston, Massachusetts

Email: msalazar@scsdma.org

No questions will be answered unless received by Karen McDevitt on or before 1:00pm on

Tuesday, August 8, 2023.

The Suffolk County Sheriff’s Department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Bidders are responsible for entering content suitable for public viewing since all questions are accessible to the public. Bidders must not include 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 Suffolk County

Sheriff’s Department reserves the right to edit or delete submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth, the Suffolk County

Sheriff’s Department, or this Bid.

2.2. Amendment Deadline

The Suffolk County Sheriff’s Department may, at any time prior to the execution of a Contract and without penalty, amend the RFR or change the RFR requirements, scope, budget, or

Procurement schedule upon written notice to Bidders.

If an amendment is made after the deadline for submission of responses and before the response evaluation period has started, the Sheriff’s Department shall provide notice in the same manner as stated above and allow a reasonable time for the acceptance of amended or new responses from the Bidders who submitted responses and any new responses from other

Bidders.

It is each Bidder’s responsibility to check COMMBUYS for amendments, addenda, or modifications to this Bid, and any Bid Q&A records related to this Bid. The Suffolk County

Sheriff’s Department 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. DEFINTIONS

For the purpose of this Addendum and the attached Schedules, the following terms shall have the meaning set forth below:

3.1. “Awarding Authority” shall mean the Suffolk County Sheriff’s Department

3.2. “Bidder” shall mean any person or entity that files a Bid in accordance with this Request for

Response. Also may be referred to as a Proposer.

3.3. “Contract” shall mean the complete agreement between the Suffolk County Sheriff’s

Department and the Contractor which consists of the Commonwealth of Massachusetts Terms and Conditions, the Commonwealth of Massachusetts Standard Contract Form, this Request for

Response and any addendum hereto, the Response to the Request for Responses from the successful Bidder, and any agreed upon modifications to the price and/or Plan of Service that are reduced to writing and signed by both parties.

3.4. “Contractor” shall mean the successful Bidder to whom the Contract has been awarded.

3.5. “Cost Proposal” shall mean the Cost Proposal Form (Attachment A) that has been prepared by the Bidder and included with the bid.

3.6. “County” shall mean the Suffolk County Sheriff’s Department.

3.7. “Gloves” shall mean the goods sought to be procured with this RFR, described in details in

Section 5.2.

3.8. The “House of Corrections” or “HOC” shall mean the Suffolk County House of Correction located at 20 Bradston Street, Boston, Massachusetts, 02118.

3.9. “Installment” shall mean a delivery of Gloves pursuant to this Contract.

3.10. “Order Installment” shall mean an order placed by the Awarding Authority for an

Installment pursuant to this Contract.

3.11. The “Suffolk County Jail”, “Jail”, or “SCJ” shall mean the Suffolk County Jail located at

200 Nashua Street, Boston, Massachusetts, 02114. Also may be referred to as Nashua Street

Jail or NSJ.

3.12. “SCSD” shall mean the Suffolk County Sheriff’s Department

3.13. “Service Location” shall mean the HOC or SCJ.

3.14. “Service Locations” shall mean the HOC and SCJ collectively.

4. BIDDER QUALIFICATIONS

4.1. Required Criteria

The Bidder shall meet or exceed the following criteria in order to respond to this RFR.

4.1.1. Deliveries: The Contractor’s delivery vehicles that deliver the goods that are sought through this RFR must be able to fit their entirety inside the vehicle sally port at both the

HOC and Suffolk County Jail.

5. SCOPE OF SERVICE

5.1. Service Locations

Suffolk County Jail at 200 Nashua Street, Boston MA 02114

House of Correction at 20 Bradston Street, Boston MA 02118

5.2. Commodity Specifications

100 gloves/box, 10 boxes/case, 1000 gloves/case

Non-sterile

Powder-free

Latex-free

Thickness: 6mil (around the fingertip and palm)

Medical grade

Sizes: S/M/L/XL/XXL

Color: Any except Black

Certifications: Nitrile Medical/Industrial Disposable Gloves 510k #K133307, FDA, ASTM

D7160, ASTM D6978, ASTM F739

5.3. Data Sheet Required

Data sheets are required with the Bid. Bids missing the data sheets may be deemed non-responsive.

5.4. Brand name or Equal

Any reference to a particular trademark, trade name, patent, design, type, specification, producer, or supplier is not intended to restrict this Bid to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the Department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

5.5. Samples Required

Please submit two (2) boxes of XL size gloves to the following address:

House of Correction

20 Bradston Street

Boston MA 02118

Attn: Magaly Chinchilla

5.6. Delivery

All products purchased from this contract are Free on Board (FOB) Destination. The Awarded

Vendor may not charge fees or surcharges for delivery. Orders are expected to be delivered and completed within thirty (30) business days after receipt of order, unless another timeframe is agreed on between SCSD and the Vendor.

6. PLAN OF SERVICE

6.1. Estimate Quantities

Estimates are based off of Section 5.2. Estimate quantities are per a year.

These estimates are provided for informational purposes only, and the actual orders by the

Awarding Authority may vary greatly for these estimates. The estimates provided below do not bind or limit the scope of this Contract.

There shall be 100 gloves per box, 10 boxes per case (1000 gloves/cases).

Service Location

Small Medium Large X-Large XX-Large

Suffolk County Jail

0 200 cases 500 cases 700 cases 0

House of Correction

350 cases 350 cases 700 cases 700 cases 350

6.2. Order Installments

The Awarding Authority may place Order Installments for gloves at any time during the term of this Contract. Any order Installment may be made verbally or in writing, and shall be made from either the HOC or the Suffolk County Jail, however an Order Installment may not be comingled between both Service Locations.

6.3. Order Fulfillment

The Contractor shall deliver confirming goods that satisfies each Order Installment at the requesting Service Location within 30 days of the placing of that Order Installment in accordance with section 6.2.

6.4. Right of Rejection

The Awarding Authority shall have all of the rights of rejection under the UCC for non-conforming goods, or goods delivered in violation of this Contract.

7. PAYMENT

7.1. Invoicing

Invoices shall be sent to:

House of Correction

Boston, MA 02118

Attn: Financial Service

7.2. Separate Invoices for Service Locations

Invoices for each Service Location must be sent separately and must have distinct numbering and indicate the following:

(a) Service Location

(b) Date Ordered

(c) Ordered BY

(d) List Items shipped

(e) Cost per Items

(f) Total Due

7.3. Returns of Non-Conforming Goods

If any product is damaged or deemed unacceptable by the Awarding Authority, then the

Contractor will offer a full refund or replacement product at no additional cost.

The Contractor shall bear the cost for returns of non-conforming goods and must provide

“Return Slips” to the Dept. as needed.

7.4. Prompt Payment Discount

Bidders shall provide a Prompt Payment Discount (PPD) for receiving early payments from the

Department. A Prompt Payment Discount will factor into the Department’s determination of

Best Value. The terms should be included in the “Prompt Payment Discount” form available on

COMMBUYS file attachments.

Prompt Payment Discount Payment days will be measured once SCSD receives all accurate reports and documents with the invoice.

7.5. EFT Form

All bidders responding to this RFR must agree to participate in the Commonwealth Electronic

Funds Transfer (EFT) program for receiving payments, unless the bidder is able to provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe, and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors may track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application may be found on the OSD Forms page ( www.mass.gov/lists/osd-forms). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds

Payment Form to this department for review, approval, and forwarding to the Office of the

Comptroller. If the bidder already is enrolled in the program, it may so indicate in its response.

Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the Awarding Authority on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response. The Awarding Authority will consider such requests on a case-by-case basis and communicate the findings to the bidder.

8. DOCUMENTS INCORPORATED INTO THE CONTRACT

8.1. Generally

The documents are incorporated into the Contract and are made part and parcel thereof are listed in the definition of Contract in accordance with Section 3.

8.2. SCSD Attachments

All Attachments can be located on COMMBUYS File Attachments.

8.3. Contract Precedence

In the event of a conflict between any of the terms of the Contract, the terms of the RFR shall govern and all other conflicts shall be resolved under the following order of precedence:

(1) Attachments and/or modifications to this RFR which may be issued after the date that this RFR is released,

(2) Commonwealth of Massachusetts Terms and Conditions

(3) Commonwealth of Massachusetts Standard Form Contract

(4) The Contractor’s response to this RFR, including the Pricing Response using

Schedule “B”

9. CONTRACT TERMS AND CONDITIONS

9.1. Complete Agreement

The Contract represents the complete agreement between the parties thereto with respect to the subject matter hereof and there have been no oral or other prior agreements of any kind whatsoever as a condition, precedent or inducement to the signing of any part of the Contract or otherwise concerning the Contract or the subject matter thereof.

9.2. Waiver

No term or provision of this Contract shall be deemed waived and no breach excused unless such waiver or consent in writing and signed by the Awarding Authority.

9.3. No Agency

Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties.

9.4. Contract as Independent Contractor

The parties acknowledge that the Contractor will perform its obligations hereunder as an independent contractor. The manner and method of performing such obligations will be under the Contractor’s sole control and discretion, and the Suffolk County Sheriff’s Department’s sole interest is only in the result of such Services. It is also expressly understood that Contractor’s employees and agents, I any, are not Suffolk County Sheriff’s Department employees or agents, and have no authority to bind the Commonwealth of Massachusetts or the Suffolk County

Sheriff’s Department by Contract or otherwise.

9.5. Notice

All Notices and other communications hereunder shall be in writing and shall be deemed to have been given three (3) days after having been delivered or mailed by first-class, registered or certified mail, charges prepaid as follows:

9.5.1. If to the Awarding Authority or the Commonwealth of Massachusetts/County of Suffolk, then addressed to:

Magaly Chinchilla

Contract Administrator

Suffolk County Sheriff’s Department

20 Bradston Street, Boston, MA 02118

Email: msalazar@scsdma.org

9.5.2. If to the Contractor, then addressed to the name and address provided by the

Bidder/Contractor on the Bid Response Form.

9.6. Headings Not Controlling

The headings in this Addendum are for reference purposes only and shall not be construed as a part of the Contract.

9.7. Severability

If any provision of this Contract is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of the

Contract shall be enforceable in accordance with its terms.

9.8. Indemnification

The Contractor shall defend and indemnify the Awarding Authority and the Commonwealth of

Massachusetts from any claim or suit brought or asserted by any of the Contractor’s employees or subcontractors, their employees. Additionally, the Contractor shall defend, indemnify and hold-harmless the Awarding Authority and the Commonwealth of Massachusetts from any claims or suit brought by a third-party, that arises from the Services provided in this Contract by any of the Contractor’s employees, or any claims that are based upon or ancillary to the employment by any of the Contractor’s employees.

9.9. Termination for Convenience

Any remaining Contract may be terminated at any time for the convenience of the

Commonwealth of Massachusetts or the Suffolk County Sheriff’s Department, unilaterally, for any reason and without justification, at the option of the Commonwealth of Massachusetts or the Suffolk County Sheriff’s Department, by delivery of mailing to the Contractor a written notice of termination setting forth the date, not less than seven (7) days after the date of such delivery or mailing, when such termination shall be effective. In the event of such termination for convenience, the Contractor shall be compensated for services rendered to the effective date of said termination in accordance with the rates of compensation specified in the

Contract. The Contractor shall not be permitted to terminate the Contract unilaterally.

9.10. Fiscal Appropriation

The Commonwealth of Massachusetts or the Awarding Authority may terminate this Contract I there are no funds available or if there is no fiscal appropriation in the first year or in succeeding fiscal years.

9.11. Modifications

Prior to the award of the Contract, the parties may modify the price and/or the Bidder’s Plan of

Service in a writing that is signed by both parties. All other parts of the Request for Responses including the specifications, the scope of service, and the contract terms and conditions are non-negotiable. The Awarding Authority may accept a Bidder’s Response to the RFR without any modification, thus creating a contract.

9.12. Subcontractor

The Contractor may not subcontract with another vendor to provide any of the Services to which it is obligated to perform under this Contract without the written approval of the

Awarding Authority.

9.13. Collusion

The Contractor certifies that this Proposal has been offered in good faith and without collusion, fraud, or unfair trade practices with any other person, and that any actions to avoid or frustrate fair and open competition are prohibited by law and shall be grounds for rejection or disqualification of a Response or termination of this contract.

9.14. Public Records

All responses and information submitted in response to this RFR are subject to the

Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process, shall be disregarded.

9.15. Reasonable Accommodation

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

The Awarding Authority reserves the right to reject unreasonable requests.

9.16. Restriction on the Use of the Commonwealth Seal

Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

10. HOW TO SUBMIT A QUOTE

To be considered a valid proposal, each organization submitted a proposal/bid (Bidder) must ensure receipt by the SCSD of one (1) original proposal and three (3) duplicates at the following address no later than, August 25, 2023 at 1:00pm and clearly marked “Suffolk County Sheriff’s Department – Fentanyl

Gloves RFR”. All proposals should be in ringed binders, include a table of contents and each section tabbed to coincide with the table of contents. Additionally, all material should be copied onto one (1)

USB flash drive and included with the submission.

The Cost Proposal must be submitted in a separate sealed envelope labeled “Cost Proposal” and clearly marked “Suffolk County Sheriff’s Department – Fentanyl Gloves RFR” with an original and three (3) copies.

10.1. Required Documents

10.1.1. Data Sheet (Section 5.3)

10.1.2. Sample (Section 5.5)

10.1.3. Prompt Payment Discount Form

10.1.4. Schedule A – Cost Proposal

10.1.5. W-9

10.2. Delivery

All Proposals shall be delivered to:

Suffolk County Sheriff’s department

Attn: Magaly Chinchilla, Contract Administrator

Boston, MA 02118

SCSD does not accept emailed/faxed proposals.

11. EVALUATION CRITERIA

Contract will be awarded based on Best Value. The Award will be based upon the Department’s decision, using its discretion, as to which Responsive bid has the Best Value to the Department.

12. CONTRACT AWARD

After the deadline for submissions in accordance with Section 2, the Awarding Authority shall evaluate the Bids in order to determine the Bid most advantageous to the Awarding Authority. The

Awarding Authority will award the Contract to the Bidder with the most advantageous Bid in the sole discretion and opinion of the Awarding Authority.