RFR for the K-12 COVID-19 Testing Services Program.docx

COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

ONE ASHBURTON PLACE, 11TH FLOOR

BOSTON, MASSACHUSETTS 02108

REQUEST FOR RESPONSES

FOR THE

K-12 COVID-19 TESTING SERVICES PROGRAM

DOCUMENT #: 21EHSKAK-12COVID19TESTSVCS

COMMBUYS BID #: BD-21-1039-EHS01-EHS01-63565

ISSUED: JUNE 25, 2021

RFR for the K-12 COVID-19 Testing Services Program iii

TABLE OF CONTENTS

ATTACHMENTS:

ATTACHMENT A: MODEL CONTRACT

ATTACHMENT B: COST RESPONSE

ATTACHMENT C: LABORATORY VALIDATION INFORMATION

ATTACHMENT D: LABORATORY VALIDATION APPLICATION

RFR for the K-12 COVID-19 Testing Services Program i

INTRODUCTION

Overview In 2021, the Executive Office of Health and Human Services (EOHHS), working closely with the Department of Elementary and Secondary Education (DESE), the Department of Public Health (DPH), and the COVID-19 Command Center, launched a COVID-19 pooled testing program to expand access to COVID-19 testing resources for schools across the Commonwealth to limit the spread of COVID-19 and safely maximize in-person learning. Schools conducted over 150,000 tests from February through June of 2021, including approximately 13,000 per week in May 2021. In continuation of these efforts and through the support of the American Rescue Plan Act of 2021, EOHHS is seeking to procure continued COVID-19 testing services for Authorized Schools to mitigate the spread of COVID-19 and facilitate safe, in-person learning during the 2021-2022 school year.

Purpose of Procurement Through this Request for Responses (RFR), EOHHS seeks to contract with a qualified entity (a Bidder) to provide K-12 COVID-19 Testing and related services to Authorized Schools, as described in Attachment A, Model Contract. EOHHS anticipates selecting one Bidder to become a Contractor under this RFR, but EOHHS may vary the number of Contracts awarded under this RFR in its discretion.

As described more fully below and in Attachment A, Model Contract, K-12 COVID-19 Testing Services may include weekly “pooled” testing (mixing numerous specimens into a “batch” or “pool”, and then testing the sample with PCR tests to detect COVID-19), and individual diagnostic testing to follow up on positive pools, testing symptomatic individuals, and testing individuals who are close contacts of a positive case.

EOHHS’s goals for the K-12 COVID-19 Testing program include, but are not limited to:

Providing cost-effective COVID-19 testing options to schools that will allow EOHHS to maximize participation in the program across schools in the Commonwealth;

Allowing for customization of services by providing a range of testing and support options (e.g., variable pool sizes, multiple support types) to respond to school needs, community infection rates, and statewide testing trends;

Prioritizing ease of use for K-12 environments, including providing exceptional user experiences for administrators, staff, students and parents/guardians; and Incorporating flexibility into the program to allow for the piloting of innovative testing products or methodologies as they become available.

EOHHS is issuing this RFR pursuant to the provisions of 801 CMR 21.00, which governs the procurement of services by state agencies and requires a competitive procurement process, including the issuance of an RFR, for acquisitions of all commodities and services. Words used in this RFR shall have the meanings defined herein and in 801 CMR 21.00. EOHHS makes no guarantee that any services will be purchased as a result of this RFR or from any Contract resulting from this RFR. The deadline for responses to this RFR is specified in Section 4.3. EOHHS may accept additional responses at a later date in accordance with Section 4.6.

All responses must be submitted in accordance with specifications in Section 4: RFR Submission Requirements. EOHHS reserves the right to amend this RFR at any time prior to the date the responses are due. Any such amendment will be posted to the Commonwealth’s procurement web site, COMMBUYS (see Section 6.4), which will be the sole method used for notification of changes.

Bidder Qualifications To be considered for a Contract pursuant to this RFR, the Bidder, in addition to all other requirements specified herein, must:

Certify that it is capable and willing to perform all functions and activities, take on obligations related to, and work with EOHHS on, the efforts as detailed in Attachment A, Model Contract;

Be currently engaged in the business of arranging for secure processing of collected specimens in a CLIA-certified laboratory that can detect SARS-CoV-2 virus, with a polymerase chain reaction (PCR) or another molecular test with greater than 95 percent sensitivity and greater than 95 percent specificity; and Be currently engaged in the business of providing Pooled Testing services as described in Attachment A in an educational environment (i.e., early childhood, elementary, secondary, or tertiary educational programs).

Only Bidders possessing the above identified minimum qualifications will be further evaluated by EOHHS for selection.

In addition to the required Bidder Qualifications set forth above, EOHHS may give preference to Bidders that:

Have provided COVID-19 testing services (including pooled testing and diagnostic testing) to K-12 schools for at least three months immediately prior to submission of the bid; and Have the capacity to facilitate in-lab and on-site (e.g., BinaxNOW or point-of-care testing with greater than 95 percent sensitivity and greater than 95 percent specificity) positive pool deconvolution.

Contract Term Any Contract awarded as a result of this RFR shall be effective upon execution until December 31, 2021. EOHHS may, if mutually agreed upon, extend the term of the Contract until June 30, 2024, in any agreed-upon increment. EOHHS reserves the right to further extend the Contract for any reasonable increment it determines necessary to complete a subsequent procurement. Extension of the Contract is subject to further legislative appropriations, continued authorization if necessary, and EOHHS’ determination of satisfactory performance.

DEFINITIONS

Capitalized terms appearing in this RFR shall have the meanings set forth in Section 1 of Attachment A, Model Contract, unless the context clearly indicates otherwise.

DESCRIPTION OF K-12 COVID-19 TESTING SERVICES PROGRAM AND PAYMENT

Model Contract Any Bidder that becomes a Contractor under this RFR shall perform the activities set forth in the Model Contract (Attachment A). The Model Contract contains provisions that shall be incorporated into any Contract to be executed between EOHHS and a successful Bidder who becomes a Contractor. EOHHS reserves the right to modify Attachment A as it deems necessary prior to the execution of the Contract. Changes to the Contract after its execution by the parties shall be made only by written amendment.

Overview of K-12 COVID-19 Testing Services In addition to the other requirements set forth in Attachment A, a Bidder who becomes a Contractor pursuant to this RFR will be required to provide K-12 COVID-19 Testing Services to Authorized Schools as directed by EOHHS. K-12 COVID-19 Testing Services consist of the following components, as described in detail in Section II of Attachment A:

COVID-19 Test Processing Services (Section 2.1);

Logistical and Support Services (Section 2.2); and Technology and Reporting Services (Section 2.3).

EOHHS anticipates that services will begin on or about September 1, 2021. EOHHS makes no guarantee of testing volume for the 2021-2022 school year.

Payment Subject to the terms and conditions set forth in Attachment A, the receipt of all necessary state and federal approvals, and the ongoing availability of funds, EOHHS shall pay a Contractor for functions performed under the Contract in accordance with Section 4 of Attachment A.

RFR SUBMISSION REQIREMENTS

General Submission Instructions All procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses, known as Quotes. To submit an electronic Quote, Bidders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@state.ma.us. Instructions for creating a Quote can be found on COMMBUYS by clicking the hyperlink labeled “Job Aids for Sellers”. In addition, Bidders may find helpful the webcast How to Create a Quote in COMMBUYS. See Section 6.4 of this RFR for further information about COMMBUYS.

Bidders must submit electronic Quotes on COMMBUYS by the date and time specified in Section 4.5 Procurement Timetable. COMMBUYS will not accept submissions after the specified deadline.

Response Format Requirements The Bidder must respond to each item in the order in which it appears in the RFR. The Bidder’s response to each section must include headings and numbering to match the corresponding section of the RFR.

The Bidder must adhere to page limits wherever specified. Attachments and other supporting documentation specifically permitted or required by this RFR are not counted in calculating the Bidder’s page limit.

The Bidder must use size 12 Times New Roman font.

Each response document should contain only relevant information that is specific to the topic of that response document as required by the RFR. Superfluous information may be disregarded.

Business Response Requirements The Bidder shall provide the following information in their Business Response.

Cover Letter Bidders must submit a cover letter signed by an individual authorized to bind the Bidder that includes the following:

The name of the Bidder’s organization, principal address, local address (if applicable, and if different from principal address), and the name, address, e-mail, and telephone number of the individual who should be contacted regarding any aspect of the Bidder’s submission;

A statement that clearly articulates that the Bidder accepts the terms of this RFR and of the Model Contract provided in Attachment A, without substantive change and that the Bidder has read and acknowledged the Standard Contract Form Instructions and the Commonwealth Terms and Conditions (see Section 4.2.F);

A statement that the Bidder’s response will remain in effect until a Contract resulting from this RFR is executed;

A statement that the Bidder meets all Bidder qualifications listed in Section 1.3.A, including a certification that the Bidder is capable and willing to perform all functions and activities, take on obligations related to, and work with EOHHS on the efforts as detailed in Attachment A, Model Contract;

A statement detailing any of the preferred Bidder qualifications listed in Section 1.3.B. that the Bidder meets;

A certification that the Bidder meets one of the categories set forth in Section 2.7.A.(i)-(iii) of Attachment A, Model Contract. If the Bidder cannot so certify, the Bidder should include a statement that the Bidder accepts the terms of the Data Management and Confidentiality Agreement, attached as Appendix B to Attachment A, without modification; and

The name(s) and title(s) of the individual(s) designated to negotiate with EOHHS, if different from the individual identified in subsection Section 4.2.A.1 above.

Requirements Regarding Subcontractors The Bidder shall state whether subcontractors will be used to perform any services under the Contract, and if so, shall identify each such subcontractor by corporate or other legal entity name, address, telephone number and status as a Supplier Diversity Office (SDO)-certified business enterprise. The Bidder shall provide a brief description of the respective responsibilities and functions that each subcontracting entity would perform if the Bidder were awarded the Contract.

Interests Neither the Bidder nor any subcontractor may have any interest that will conflict, as determined by EOHHS, with the performance of services required under this RFR or any Contract that results from this RFR. To demonstrate freedom from conflicting interests, the Bidder must submit the following:

A description of how the Bidder will assure that no interest will conflict with the performance of services required under the Contract;

A statement of any and all of the financial, legal, contractual, and other business interests of the Bidder and any subcontractor, that may affect or impact its performance with the requirements of the Contract;

A statement describing whether the Bidder or any employee or subcontractor who shall perform work under the Contract has a possible conflict of interest and, if so, the nature of that conflict and proposal to eliminate or mitigate such conflicting interest; and Any other information requested by EOHHS that, in EOHHS’ judgment, is relevant to the Bidder’s or any subcontractor’s financial, legal, contractual, or other business interests.

If EOHHS determines that a Bidder possesses a conflicting interest, EOHHS reserves the right to propose or consider any proposal of the Bidder of any measures that would eliminate or mitigate such conflicting interest to EOHHS’ satisfaction.

Bidder’s Financial Condition The Bidder shall submit documentation to demonstrate to the satisfaction of EOHHS that the Bidder’s organization (and the Bidder’s parent organization and subcontractors, if any), is in sound financial condition and that any significant financial problems are being addressed with appropriate corrective measures. The documents submitted must include at least the following and the Bidder must submit the same for any parent organization and subcontractor, if any:

A statement signed by the Bidder’s chief financial officer certifying that the officer is not aware of any circumstance materially and adversely affecting the Bidder’s financial condition and that, to the best of the officer’s knowledge, the Bidder is not delinquent in the payment of any federal or state tax. The Bidder shall also submit such a statement from the Bidder’s parent organization and subcontractors, if any; and A statement as to whether, in the last 10 years, the Bidder (or the Bidder’s parent organization and subcontractors, if any) has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, an explanation providing relevant details.

Disclosure of Litigation The Bidder shall disclose any litigation against its organization (or the Bidder’s parent organization and subcontractors, if any), if any. The Bidder shall describe any past or present litigation against the Bidder (or the Bidder’s parent organization and subcontractors, if any) related to the service and obligations under the Contract.

Required Forms and Certifications The Bidder shall complete, sign and submit the following forms which may be downloaded from COMMBUYS. Please note that Bidders do not need to complete the Standard Contract Form Instructions and the Commonwealth Terms and Conditions, but should acknowledge that they have read and understood these forms in their cover letter (see Section 4.2.A.2):

Commonwealth of Massachusetts Standard Contract Form and Instructions;

Commonwealth of Massachusetts Terms and Conditions*;

Massachusetts Substitute W-9 Form – Request for Taxpayer Identification Number and Certification;

Contractor Authorized Signatory Listing;

Authorization for Electronic Funds Payment (EFT)* (see Section 6.24);

Prompt Payment Discount Form (see Section 6.23); and SDP Plan Form #1 – SDP Plan Commitment as described in Section 6.17.

Bidders who are current Commonwealth vendors and already have on file with the Commonwealth current versions of the forms marked with an asterisk (*) are not required to submit these original, signed forms; instead, they may submit photocopies of the forms that are already on file with the Commonwealth. If any Bidder’s information on a previously submitted form has changed, that Bidder must submit a new, correct form with its Response to this RFR.

Programmatic Response Requirements The Bidder shall demonstrate to EOHHS in its Programmatic Response submission its ability to assume all programmatic responsibilities of the Contract. The Bidder shall submit all required materials, including narrative and attachments as specified in this Section 4.3. If a Bidder is unable to provide the information required in a specific submission requirement, the Bidder shall expressly identify which information it is not submitting and why. The Bidder shall submit the most comparable information it has available and shall explain, in accordance with this section, how it will have the capability to perform all Contract responsibilities. The Bidder may, as applicable and at its discretion, provide as a response to any item below a cross-reference to another section of its response. Where the Bidder intends to rely on a subcontractor to perform work under the Contract or to otherwise meet a response requirement, the Bidder shall so specify and shall provide the requested information as it relates to the proposed subcontractor(s) in its response.

The Bidder’s Programmatic Response shall include the following information:

Bidder’s Testing Services (maximum 4 pages, single-sided) The Bidder shall describe its testing services, including the following elements:

A description of all individual diagnostic COVID-19 test options currently offered by the Bidder. Such description shall include:

Type of sample collected (e.g., nasal swab, saliva);

Type of collection method (e.g., self-administered, observed, etc.);

Age range of individuals from whom samples were collected; and Average processing time between collection of the specimen and reporting of testing results;

A description of all pooled COVID-19 testing options currently offered by the Bidder. Such description shall include:

Type of sample collected (e.g., nasal swab, saliva);

Type of collection method (e.g., self-administered, observed, etc.);

Maximum number of samples per pooled test;

Average number of samples per pooled test;

Follow up testing methodologies (e.g., additional individual PCR, at-lab deconvolution); and Average processing time between collection of the specimens and reporting of test results.

A description of the Bidder’s processing laboratory (or laboratories), including (not counted toward the page limit for this section):

For each laboratory that the Bidder proposes to use as an Authorized Processing Laboratory for K-12 Testing Services, an attachment with naming convention, “Attachment 1 – Authorized Processing Laboratory_[bidder].docx” containing the following information:

Name of laboratory;

The location of such laboratory;

The average daily processing volume of such laboratory during May 2021; and The maximum processing volume of such laboratory.

The following attachments, as relevant to the Bidder’s proposed pooled tests and laboratories:

If the proposed laboratory has received an EUA for its pooled test from the FDA: The Bidder must provide a copy of the EUA as an attachment to its response and complete Attachment C, Laboratory Validation Information.

If the proposed laboratory has submitted an application for an EUA for its pooled test from the FDA but has not received an EUA: The Bidder must provide a copy of its application, documentation supporting its submission (e.g., email confirming receipt of submission by the FDA), and complete Attachment C, Laboratory Validation Information. EOHHS may temporarily approve such laboratory as an Authorized Processing Laboratory, in its sole discretion. EOHHS may revoke such approval at any time.

If the proposed laboratory is not eligible for an EUA for its pooled test from the FDA: The Bidder must provide the information set forth in Attachment D, Laboratory Validation Application in accordance with the instructions set forth therein. Laboratory validation information will be reviewed by DPH. DPH may advise the Evaluation Committee on whether DPH recommends, in its sole discretion, that EOHHS approve the Bidder’s lab as an Authorized Processing Laboratory on the basis of this submission.

Note: The Bidder must submit a completed Attachment C or the information required in Attachment D, as relevant, for each laboratory and pooled test it proposes to use for the K-12 COVID-19 Testing program. For example, if the Bidder proposes to use two separate laboratories, it must complete and submit the relevant attachment separately for each laboratory. Similarly, if the Bidder proposes two pooled test types, it must complete and submit the relevant attachment separately for each pooled test type, even if both pooled tests are processed at the same laboratory.

A description of the Bidder’s approach to adjusting to meet fluctuating testing demands, for example, by describing how the Bidder will ensure that sufficient Testing Kits are made available to schools that face an unanticipated increase in infection rates to meet immediate needs, or pivot to another testing model based on need; and A description of any other testing services the Bidder offers that the Bidder may seek to offer under the Contract.

Educational Testing Experience (maximum 4 pages, single-sided) The Bidder shall describe its educational testing experience, including the following elements:

A description of the Bidder’s experience providing COVID-19 testing in an educational environment. The description shall include:

Description of the educational environment (e.g. preschool, K-12, higher education and public/private, etc.);

Number of individuals tested on a weekly basis;

Types of tests provided by the Bidder;

Average processing time between collection of the specimen and reporting of testing results; and Length of engagement (in months) and dates of the engagement.

A description of how the Bidder coordinates with schools participating in the testing program. The description shall include:

Mechanisms for communicating with school administrators and parents/guardians;

Overview of customer support services offered; and Example strategies the Bidder has employed for soliciting high rates of participation in testing among students and staff.

Bidder’s approach to providing logistical support (maximum 2 pages, single-sided) The Bidder shall provide a narrative description of the Bidder’s proposed approach to providing logistical support as required under the Model Contract (Attachment A). Such narrative shall include a description of the Bidder’s approach to:

Training staff;

The Bidder’s proposed process for conducting onboarding of Authorized Schools and training to support the Authorized Schools with implementation and ongoing operations of conducting K-12 COVID-19 testing;

Providing relationship management support;

Types of Level 2 Logistical Support Staff the Bidder will provide and the roles and functions for such staff;

The Bidder’s proposed process for providing Level 2 Logistical and Support Services to Authorized Schools, including (but not limited to) a Site-based coordinator, Specimen Collector, and a Collection Observer;

The Bidder’s plan for operationalizing Level 2 Logistical and Support Services in time for program launch, anticipated to be September 1, 2021, including its plan for contracting with subcontractors to carry out support services, if proposed by the Bidder; and Any other alternatives or additional supports that the Bidder proposes for Level 2 Logistical and Support Services not explicitly stated in Attachment A, Section 2.2.

If Bidder proposes to use subcontractors to manage Level 2 Logistical and Support Services, Bidder must provide the following information on at least one subcontractor as an attachment to its response (not counted toward the page limit for this section).

Name of subcontractor;

Name, phone number, and e-mail address of contact at proposed subcontractor;

Evidence that the subcontractor has conducted services similar to those set forth in Attachment A, Section 2.2 within the past year. Evidence may include either (a) a copy of a contract signed by the subcontractor to deliver services, or (b) a signed statement by the subcontractor’s CEO, CFO, or other comparable executive indicating that it has conducted such services in the last year; and Demonstration of either (a) the Bidder’s previous experience working with proposed subcontractor, or (b) a letter from a representative at proposed subcontractor indicating its intention to enter into a contract with the Bidder for purposes of providing Logistical Support services if the Bidder is awarded a Contract under this RFR.

The Bidder shall provide copies of example training materials or support materials used by the Bidder for other engagements related to the provision of COVID-19 testing in educational environments. Materials provided will not count towards the page limit for this section.

Bidder’s Online Portal The Bidder shall provide the following information regarding the Bidder’s Online Portal as an attachment to its response:

Screen shot(s) of the resulting page;

Screen shot(s) of the parental consent portal; and A description of translated materials within the Online Portal and a timeline by which all family-facing materials within the Online Portal can be translated per Section 2.3.L of the Attachment A, Model Contract.

Cost Response Requirements The Bidder shall complete and submit Attachment B, Cost Response Instructions and Worksheet, in accordance with the instructions specified therein.

Procurement Timetable The following timetable represents EOHHS’ best estimate of the schedule to be followed.

EOHHS may adjust this schedule as it deems necessary. Notification of any adjustment to the RFR Timetable shall be posted on COMMBUYS.

Electronic Responses (Quotes) Due in COMMBUYS (see Section 4.1.A) July 16, 2021, 3:00 PM

Open Enrollment This is an “Open Enrollment” procurement. After the initial selection process, EOHHS will accept RFR responses from Bidders during any open enrollment period or periods through the term of the Contract. Any Bidder submitting a response during such open enrollment period must follow the submission instructions outlined in Section 4.

EOHHS may, but is not obligated to, reopen the RFR to accept additional responses, including but not limited to:

EOHHS may reopen the RFR if EOHHS does not receive a sufficient number of qualifying Responses to meet EOHHS’ needs;

EOHHS may reopen the RFR if new COVID-19 testing methodologies or technologies become available and EOHHS determines, in its sole discretion, that reopening the RFR would meet EOHHS’ needs to leverage such new methodologies or technologies;

EOHHS may reopen the RFR for initial Bidders to submit additional Responses, if EOHHS determines that the initial Responses may not support EOHHS’ goals; and EOHHS may reopen this RFR for any other reason, at any other time during the term of the Contract, at its sole discretion.

RESPONSE EVALUATION PROCESS and selection criteria An Evaluation Committee (also referred to as the “Procurement Management Team,” or “PMT”) appointed by EOHHS will evaluate all Responses submitted that comply with the requirements of this RFR.

Evaluation Criteria The Committee will determine whether the Bidder has satisfied all Business Response requirements and will evaluate each element of the Bidder’s Programmatic Response for comprehensiveness, appropriateness, feasibility, clarity, effectiveness, innovation, and responsiveness to the needs of EOHHS. In addition, the Committee may consider DPH’s recommendation on whether EOHHS should approve the Bidder’s proposed laboratory as an Authorized Processing Laboratory. The Committee will favorably consider Bidders with higher Supplier Diversity Commitments (see Section 6.17).

EOHHS may also consider any relevant information about the Bidder known to EOHHS.

The Bidder’s Cost Response will be evaluated based on reasonableness of cost, competitiveness of cost, and value to EOHHS. EOHHS is not required to choose the Bidder that proposes the lowest cost to EOHHS.

EOHHS will select the response, which, in its sole discretion, it determines demonstrate best overall value to EOHHS and the Commonwealth.

Response Rating The Committee will (1) evaluate each Bidder’s Programmatic Response (2) give a composite rating of “Excellent”, “Very Good”, “Good”, “Fair”, “Poor”, or “Non-Responsive” for each section evaluated; (3) assign an overall rating to each response; and (4) compare the responses to one another. The Bidder’s proposed cost will be one factor, but not the sole factor, considered in the Committee’s evaluation.

Rejection of Responses A Bidder’s response may be rejected at any time during the evaluation process if the Bidder:

Fails to demonstrate to EOHHS’ satisfaction that it meets the Bidder Qualifications set forth in Section 1.3;

Fails to demonstrate to EOHHS’s satisfaction that it meets all RFR requirements;

Fails to satisfy all RFR Submission Requirements described in Section 4;

Receives a rating of “Non-Responsive” or “Poor” in the evaluation of one or more sections of the Bidder’s Programmatic Response;

Fails to identify a processing laboratory that meets the requirements of Attachment A, including, but not limited to, proposing to use a laboratory that DPH, in its sole discretion, does not recommend that EOHHS approve as an Authorized Processing Laboratory;

Fails to make an oral presentation/demonstration pursuant to Section 5.5 or allow for a site visit/inspection pursuant to Section 5.6 requested by EOHHS at a time, place, and manner satisfactory to EOHHS;

Has a reference, oral presentation/demonstration or site visit/inspection that, in EOHHS’ sole determination, indicates the inability of the Bidder to adequately perform the services sought under the RFR;

Rejects or qualifies its agreement to any of the mandatory provisions of the RFR;

Has any interest that may, in EOHHS’s sole determination, conflict with performance of services for the Commonwealth, or that is anti-competitive; or Fails to reach an agreement with EOHHS on all Contract terms, including but not limited to payment provisions.

EOHHS may in its sole discretion determine that non-compliance with any RFR requirement is not material. In such cases, the Evaluation Committee may excuse such non-compliance, seek clarification, allow the Bidder to make minor corrections, or apply a combination of these remedies.

Clarifications The Evaluation Committee may determine some element of a Bidder’s response requires clarification to verify its responsiveness to the RFR or facilitate a fair assessment. In such cases, the Committee may seek clarification from the Bidder, allow the Bidder to make technical corrections, apply appropriate adjustments to scoring in the evaluation, or utilize any other remedial action EOHHS deems appropriate. All Bidders will be accorded fair treatment with respect to any opportunity for clarification.

Oral Presentation/Staff Interview The Committee may, in its sole discretion, invite those Bidders whose responses have been judged competitive and responsive in the course of the evaluation to attend an Oral Presentation.

At that time, the Bidder’s proposal may be discussed and clarified, but not changed in any way. The Committee reserves the right to apply restrictions to the structure and content of the Oral Presentation, and to instruct the Bidder regarding attendees.

Oral Presentations shall not be open to the public nor to any competitors. Failure of a Bidder to agree to a date and time for an Oral Presentation may result in rejection of the Bidder’s response.

Site Visit/Inspection EOHHS may, in its sole discretion and at its convenience, elect to visit or inspect any of a Bidder’s offices, facilities or resources prior to executing a Contract under this RFR. Such a visit or inspection could include a such an inspection may result in rejection of the Bidder’s response.

Best and Final Offer EOHHS reserves the right to request a best and final offer (BAFO) from any Bidder.

Best Value Selection and Negotiations The Committee may select the responses which demonstrate the best value overall, including proposed alternatives that will achieve the procurement goals of EOHHS. EOHHS and the selected Bidder may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected Bidder’s response which results in lower costs or a more cost-effective or better value than was presented in the selected Bidder’s original response.

Contract Negotiations and Award After the Committee completes its evaluation, comparison, and ranking of all proposals, and, if applicable, oral presentation(s), site visit(s), reference check(s) and BAFO, the Committee may recommend to the Secretary of Health and Human Services the Bidder or Bidders with which to enter into Contract negotiations. The Secretary’s decision shall consider the Committee’s recommendation and the best interests of the Commonwealth. EOHHS is under no obligation to award a Contract pursuant to this RFR. A Contract award is contingent upon successful negotiation and execution of the Contract and the receipt of all necessary approvals, including that of the Office of the State Comptroller.

Attachment A contains provisions that shall be incorporated into any Contract to be executed between EOHHS and the Bidder that becomes a Contractor. EOHHS reserves the right to modify Attachment A as it deems necessary. Changes to the Contract after its execution by the parties shall be made only by written amendment. Contracts, if any, shall be executed by selected Bidders within 14 days of Contract award. EOHHS may elect not to contract with any selected Bidder that does not return an executed Contract to EOHHS within 14 days of the date of said notice.

RFR INFORMATION

Issuing Office Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108

Requirements of 801 CMR 21.00 The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

Commonwealth of Massachusetts Standard Contract Form and Terms and Conditions Any Bidder selected as the Contractor shall agree to and abide by the terms of the Commonwealth of Massachusetts Standard Contract and Terms and Conditions (See Section 4.2.F). EOHHS is prohibited from amending these documents or agreeing to any change in the language. Any Bidder suggestion or requirement altering these documents will be disregarded.

COMMBUYS Market Center COMMBUYS is the official source of information for this procurement (known as a Bid in COMMBUYS terminology) and is publicly accessible at no charge at www.commbuys.com. Information contained in this RFR document and in COMMBUYS, including file attachments, and information contained in the related Questions and Answers (Q&A), if any, are all components of the procurement.

Bidders are solely responsible for obtaining all information distributed for this procurement via COMMBUYS.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this procurement, and

· Any Q&A records related to this procurement.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Response to this RFR (known as a Quote in COMMBUYS terminology) based on an out-of-date information received from any source other than COMMBUYS.

COMMBUYS Registration: Bidders may elect to obtain a free COMMBUYS Vendor registration which provides value-added features, including automated e-mail notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Vendor account.

All Bidders submitting a Quote (also referred to as Response) in response to this Bid (also referred to as the RFR) agree that, if awarded a contract: (1) they will maintain an active vendor account in COMMBUYS; (2) they will comply with all requests by the procuring entity to utilize COMMBUYS for the purposes of conducting all aspects of purchasing and invoicing with the Commonwealth, as added functionality for the COMMBUYS system is activated; and (3) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity.

The COMMBUYS system introduces new terminology, which Bidders must be familiar with in order to conduct business with the Commonwealth. To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

Questions specific to COMMBUYS should be made to the COMMBUYS Help Desk at commbuys@state.ma.us.

Bidder Communications RFR Contact Bidders are prohibited from communicating directly with any employee of EOHHS or DESE 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, except as specified in this RFR.

RFR Contact:

Lisa D. Wong, Procurement Coordinator Executive Office of Health & Human Services One Ashburton Place, 11th Floor Boston, MA 02108 E-mail: Lisa.d.wong@mass.gov

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

It is the responsibility of the prospective Bidder and awarded Contractor to keep current the e-mail address of the Bidder’s contact person and prospective Contract Manager, if awarded a Contract, and to monitor that e-mail inbox for communications from EOHHS, including requests for clarification. EOHHS and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated e-mail 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 e-mail communications sent to/from the prospective Bidder/awarded contractor and EOHHS to be lost or rejected by any means including e-mail or spam filtering.

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 RFR Contact. 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. EOHHS reserves the right to reject unreasonable requests.

RFR Copies Bidders should download all RFR documents from COMMBUYS. No paper copies of the RFR or any of its components will be supplied unless the request satisfies the conditions specified in Section 6.5.C. If a Bidder is having trouble obtaining any required attachments electronically through COMMBUYS, the Bidder should contact the COMMBUYS Help Desk at commbuys@state.ma.us or call the Help Desk during normal business hours (8 am-5 pm ET Monday-Friday) at 1-888-627-8283 or 617-720-3197.

RFR Questions Bidders may submit written questions concerning this RFR until no later than the date and time specified in Section 4.5, Procurement Timetable of this RFR. Written questions must be sent to the RFR Contact Person at the email address listed in Section 6.5.A. The Bid Q&A functionality in COMMBUYS will not be used for this RFR.

Questions received after the deadline may be disregarded. EOHHS will review questions received before the deadline and at its discretion prepare written responses to questions which EOHHS determines to be of general interest. Any written response will be posted on COMMBUYS. Only written responses will be binding on EOHHS.

RFR Errors In the event this RFR contains errors, EOHHS may correct such errors at any time prior to contract execution. Corrections to this RFR will be posted on COMMBUYS.

Amendment or Withdrawal of RFR EOHHS reserves the right to amend the RFR at any time prior to execution of a Contract and to terminate this procurement in whole or in part at any time before execution of a Contract. If EOHHS decides to amend or clarify any part of this RFR, any written amendment will be posted on COMMBUYS.

Costs Costs which are not specifically identified in the Bidder’s response, and accepted by EOHHS as part of a Contract, will not be compensated under any Contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by Bidders responding to this RFR.

Closing Date The response due date and time are specified in the timetable in Section 4.5. Individual requests for extension of the time for submitting responses will be denied.

Acceptance of Response Content The entire contents of the Bidder’s response shall be binding on the Bidder. The specifications and contents of a successful Bidder’s response may be incorporated into the Contract.

Neither EOHHS nor the Commonwealth is obligated to procure or contract for services or supplies. EOHHS reserves the right to accept or reject any or all applications received as a result of this RFR. Neither EOHHS nor the Commonwealth is under any obligation to return any materials submitted by a Bidder in response to this RFR.

Alterations Respondents may not alter (manually or electronically) the RFR language or any procurement component files, except as directed in the RFR. Modifications to the body of the RFR, specifications, terms and conditions, or any other alterations which change the intent of this solicitation are prohibited and may disqualify a response.

Public Records All responses and related documents submitted in response to this RFR are public records and are subject to the Massachusetts Public Records Law, M.G.L. c. 66, § 10 and M.G.L. c. 4, § 7 subsection 26. Any statements in submitted responses that are inconsistent with these statutes will be disregarded.

All responses become the property of the Commonwealth of Massachusetts.

Response Duration Bidders’ responses to this RFR shall remain in effect for at least 90 days from the date of bid submission or until contracts are executed, whichever is later.

Contract Expansion If additional funds become available during the Contract Term, EOHHS reserves the right to increase the maximum obligation to the Contract executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance and need.

Program Modifications and New Initiatives EOHHS reserves the right, at its sole discretion and at any time after release of the RFR and during the Contract term, to modify, increase, reduce or terminate any requirements under the Contract, including all appendices and exhibits, whenever EOHHS deems necessary or reasonable to reflect any change in policy or program goals. In the event of a change in the scope of work for any Contract tasks or portions thereof, EOHHS will provide written notice to the Contractor. EOHHS reserves the right to amend the Contract accordingly, including payments thereunder. Such new initiatives could result in expanded responsibilities. These new initiatives could include:

· New EOHHS programs;

· Expansion, reduction, or changes to existing EOHHS programs;

· Other programs as specified by EOHHS; and

· Program changes resulting from state or federal legislation, regulatory initiatives, or judicial decisions.

The parties must negotiate in good faith to implement any such initiatives proposed by EOHHS. The Contractor’s responsibilities, including staffing, space, and all other budgetary requirements, are subject to change due to implementation of such initiatives. EOHHS reserves the right to modify the budget and reimbursement due to implementation of such initiatives.

Supplier Diversity Plan Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with certified diverse businesses: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and Contractors webpage for additional program information, training and compliance resources.

Incorporation of RFR This RFR and all response documents…