RFR_Illicit Substances.docx

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY & SECURITY

DEPARTMENT OF CORRECTION

50 MAPLE STREET, SUITE 3

MILFORD, MA 01757

Request for Response (RFR)

Document Title: Illicit Substances: Field-Testing Devices/Materials and Outside Laboratory Testing Services

COMMBUYS Bid#: BD-25-1025-DOCFS-FISCM-114481

Agency Document Number: RFR # 2025-DOC-1000- Illicit Substances

Issue Date: March 25, 2025

TABLE OF CONTENTS

Table of Contents

1. RFR Introduction and General Description

1.1. Procurement Scope and Description

The Massachusetts Department of Correction (the “Department” or “DOC”) is soliciting Bidders for the following categories:

Category 1 – Provision of Field-Testing Devices/Materials for illicit substance testing.

Category 2 – Provision of Outside Laboratory Testing services for illicit substances.

Bidders must select at least one, and may select both, of the above-mentioned categories.

1.2. Applicable Procurement Law

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

G.L. c. 7, § 22; G.L. c. 30, §§ 51, and 52; and 801 CMR 21.00: Procurement of commodities or services, including human and social services

1.3. Number of Awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified Contractors from which the Department, institutions located throughout the DOC, the Massachusetts County Sheriffs and all agencies under the oversight of the Executive Office of Public Safety and Security (EOPSS) pursuant to Section 1.5 below, can select.

1.4. Adding Contractors after Initial Contract Award

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

1.5. Eligible Entities

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

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

1.6. Acquisition Method(s)

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

Outright Purchase Fee for Service This is a rate contract

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

1.8. Contract Duration

The expected duration of this Contract is as follows:

Initial Duration

Up to 2 Years

Total Maximum Contract Duration

6 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.

1.9. Estimated Value

The estimated value of purchase(s) resulting from this Bid is $15,000 annually. 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.

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

2. Estimated Procurement Calendar

Times are Eastern Standard/Daylight Savings (U.S.), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a Contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.1. Point of Contact

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

The Prime point of contact for this solicitation will be:

SST Leader Name: Katherine Brosnihan SST Leader Title: Contract Specialist III Email address: Katherine.a.brosnihan@doc.state.ma.us

2.2. Questions and Answers Regarding the RFR

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

Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. Bidders are responsible for entering content suitable for public viewing since all the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this bid. All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.3. Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth 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.

3. Specifications Additional required terms appear in the Appendices to this RFR.

The Massachusetts Department of Correction (the “Department” / DOC) > is soliciting Bidders for the following categories:

Category 1: Field-Testing Devices/Materials All Field-Testing Devices/Materials must use technology and methodology that meets all requirements of the Federal Food and Drug Administration under FDA 21 CFR applicable to commercial illicit substance field-tests, devices and/or materials verified with a 510k notification letter and any related 510k annual reports.

The products must meet all legal standards that relate to the legal validity of the Field-Testing Devices/Materials when the tests are being used as a test for alcohol or illicit substance use.

Field-Testing Devices/Materials must be as sensitive as possible. The Department’s threshold for field testing devices/materials is zero, as the Department has zero tolerance for illicit substances.

The Bidder shall provide documentation establishing the accuracy of the Field-Testing Devices/Materials, based on clinical test results. The Bidder shall identify all substances the Field-Testing Devices/Materials will not detect or will not produce a positive result for all illicit substances. Additionally, the Bidder shall identify all substances known to cross-react with the Field-Testing Devices/Materials.

The Department reserves the right to negotiate with the successful Bidders Field-Testing Devices/Materials for additional illicit substances, based on the needs of the Department, with the same discounting applied.

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

The Department is seeking Field-Testing Devices/Materials to use an alternative to urinalysis testing. These tests may include, but are not limited to, hair samples, sweat patches, oral fluid, breathalyzer etc.

Bidders must clearly state/define what substances each of their Field-Testing Devices/Materials test for.

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

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

The Department reserves the right to waive the twelve-month shelf-life requirement on all products, materials, equipment, devices, etc.

Maximum Time to Perform a Test For Category I bids, the Bidder will include in the submission the maximum amount of time required to obtain results from any single on-site or off-site Field-Testing Device/Material, regardless of methodology.

For Category II bids, the Bidder will include in the submission both the anticipated response time, and the maximum response time, in which it will provide the Department with an Outside Laboratory Test result.

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

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

Product Reliability The Contractor shall provide the Department with data regarding the reliability of the Field-Testing Devices/Materials. This data shall include information regarding substances which, due to cross-reactivity, may cause a Field-Testing Device/Material to return a positive result for an illicit substance. If the Department determines that there are an unacceptable number of instances in which an Outside Laboratory Test returns a different result than an initial Field-Testing Device/Material, the Department may continue with the contract but stop purchasing that particular Field-Testing Device/Material or, alternatively, the Department may choose to terminate the entire contract pursuant to Section 4.10 below.

Monitoring of Contract The Department’s Substance Use Coordinator shall serve as the contract monitor.

Defense of Legal Challenges to the Product In the event that legal challenge(s) arise as to the validity and reliability of a Field-Testing Device/Material, the Contractor must provide assistance to the Commonwealth in defending the challenge(s) by providing all requested documentation, technical expertise and testimony at no expense to the Commonwealth.

Training Category I: Field Testing Devices/Materials The Bidder shall provide training in the use of its Field-Testing Devices/Material(s) which is available to all DOC employees that may use Field-Testing Devices/Materials. The training must be available throughout the life of the contract. In addition, the Bidder shall maintain a contract manager to answer questions which may arise following training. Other state agencies may also request training to address their needs and must be similarly accommodated.

Category 2: Outside Laboratory Testing Outside Laboratories that conduct toxicological analysis which may include screening, confirming, quantifying, and/or identifying drugs, alcohols or other illicit substances in a submitted specimen.

All work must be performed to accreditation standards established by the International Organization for Standardization (ISO) 17025 requirements, and the American Board of Forensic Toxicology accreditation standards.

Bidders are required to:

a. Be certified to provide testing and analysis of forensic products consistent with the International Organization for Standardization (ISO) 17025;

b. Understand current legal guidelines as they apply to forensic analysis in Massachusetts;

c. Ensure assigned personnel may be subject to a criminal background check before working on any product;

d. Ensure that in the event any non-conforming incident occurs that affects the services and/or samples associated with this contract, Bidder must disclose to the DOC the matter and the applicable corrective action plan in writing within five (5) business days of the incident’s discovery.

Preferred Qualifications:

a. Experience with toxicological sample testing and analysis in public forensic laboratories.

b. Experience identifying controlled substances that will withstand scrutiny in court proceedings.

c. Experience identifying designer drugs including synthetic cannabinoids (e.g., K2, Spice) and synthetic stimulants (e.g., “bath salts” or “plant food”), fentanyl and analogs, or other novel psychoactive drugs.

d. Experience testifying to testing results and standards.

e. Only authorized personnel shall issue report findings from submitted samples.

f. Bidders must include curriculum vitae for each person issuing a report, along with copies of any certifications/ accreditations for each member of the Bidder’s organization who will participate in any contracted service provided to the Department. Upload to COMMBUYS.

Additional Specifications:

All information related to sample testing and results is to be kept confidential. No employee of the successful Bidder of any sub-contracting firm shall discuss any information associated with testing and results with any non-departmental approved entity without approval from the Department’s Substance Use Coordinator.

It is the sole responsibility of the successful Bidder to answer any subpoena for expert testimony and documentation in connection with the Department’s contracted testing. The Department is not responsible for any fees associated with expert testimony.

It is the sole responsibility of the successful Bidder to answer any discovery requests or court orders for documentation/records in connection with any DOC contracted testing. The Department is not responsible for any fees associated with discovery requests.

While on site at any Outside Laboratory, Outside Laboratory personnel are required to wear personal protective equipment (PPE) consistent with industry standards, while in any laboratory area.

3.1. Compensation Structure/Pricing

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

All costs associated with sample shipments will be paid by the successful Bidder.

Bidders responding to this RFR must complete and return: Response Form A and a Cost Sheet Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

The Vendor’s cost of travel, lodging, food, or similar expense that may be incurred, must be preauthorized in writing from the appropriate Department designee prior to services being rendered. Additionally, The Department will NOT reimburse for any alcoholic beverages. The Department’s reimbursement rates will be based on U.S. General Services Administration (GSA) per diem rates. For more information on per diem reimbursement rates please visit: www.gsa.gov/travel/plan-book/per-diem-rates.

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

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

3.2. Small Business Purchasing Program

Program Background The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 599 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the Contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP registered business in COMMBUYS:

Non-profit firms also must be registered as a non-profit or charitable organization with the Massachusetts Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP webpage, http://www.mass.gov/sbpp.

Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage or contact the SBPP Help Desk at sbpp@mass.gov.

3.3. Environmental Specifications

3.3.1. Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must comply with Executive Order 515, issued October 27, 2009. Under this Executive Order (EO), Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order may be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

4. Other Terms

4.1. Department of Correction (DOC) Terms

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

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

The Department of Correction has zero tolerance towards the sexual abuse of incarcerated individuals in its custody. All staff members, volunteers, and Vendors are required to comply with 103 DOC 519, the Sexual Harassment/ Abuse Response and Prevention Policy (SHARPP), and to report any sexually abusive behavior to the Department immediately. Incarcerated individual employers are required to immediately report such behavior to the facility Superintendent.

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

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

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

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

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

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

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, 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 Department of Correction.

4.2. Contractors’ Terms and Conditions

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

4.3. Reporting

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

4.4. Contract Management

The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Department’s Contract Manager.

The Department’s Contract Manager is the point of contact for interested Bidders during the procurement process. Bidders may contact the Contract manager if the Bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR.

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

4.5. Change Notification

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

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

4.6. Invoices and Payment

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

· Name and address of Contractor

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

· Date of invoice and date of delivery

· Name of Department contact person

· Prompt payment discount terms

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

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

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

Delivery and Shipping All pricing is to include delivery & shipping to the ordering facility. Any request for extra delivery costs must be pre-approved by authorized DOC personnel. The Department will not be responsible for any additional charges including but not limited to: shipping, freight, delivery, handling, fuel or any other like charges to be paid by the users of this contract, without prior written authorization by authorized DOC personnel. Liability for product delivery remains with the Contractor until properly delivered and signed for in accordance with the Department and the Commonwealth Terms & Conditions.

Any special packaging requirements will be outlined within the specifications. If any other shipping method is to be used, it must be preapproved in writing from the contract manager prior to shipping.

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

Justified Credits Written credits will be issued to the fiscal office no later than two (2) business days upon request. Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

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

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

Prevailing Wage The Contractor shall adhere to all prevailing wage rate specifications and schedules as determined by the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development and the United States Department of Labor as applicable, and when required.

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

4.7. Performance Measurement

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

4.8. Contract Amendments

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

4.9. Contract Renewal

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

4.10. Contract Termination for Convenience

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

4.11. Contract Termination for Cause

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

4.12. Insurance

The Contractor must take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage while performing services under this Contract. It is the Contractor's responsibility to ensure that their operations are conducted in a safe and secure manner at all times. The Contractor must replace/repair, at the eligible entity’s sole option, any property damages incurred during performance.

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

The Bidder(s) awarded contracts pursuant to this RFR must have the following insurance coverage listed below and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide certified copies of all insurance policies currently in place, including Worker’s Compensation Insurance, Comprehensive General Liability Insurance and Comprehensive Business Motor Vehicle Liability Insurance, as identified below. Upon request, prior to beginning work pursuant to this RFR with a subcontractor, the Contractor must provide the eligible entity with certified copies of each subcontractor’s insurance policies, which must meet the same insurance coverage levels for contractors as required under this RFR. Any policy limits set below shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Worker’s Compensation Insurance When signing the Commonwealth Standard Contract Form, provided upon award of a contract, the Bidder confirms compliance with applicable state and federal employment laws or regulations, including Worker’s Compensation Insurance as required by M.G.L. Chapter 152.

Comprehensive General Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive general liability insurance written on an occurrence basis, including without limitation the following coverage: bodily injury and death liability; personal injury liability (with no employee exclusion): Independent Contractor protective liability; broad form property damage (with X, C, and U coverage) and contractual liability. This insurance shall not contain a care, custody and control exclusion. The policy must identify the Commonwealth of Massachusetts as an additional insured or as designated and agreed upon by purchasing eligible entity. This insurance shall be written with respect to all coverage, for not less than the following policy limit: one million ($1,000,000) per each occurrence and one million ($1,000,000) aggregate.

Comprehensive Business Motor Vehicle Liability Insurance The Contractor and all subcontractors, at their own expense, must maintain during the life of the contract comprehensive business motor vehicle liability insurance written on an occurrence basis, with no deductible, including without limitation coverage for: bodily injury and death liability; property damage and any other hazard arising out of the ownership, maintenance or use of motor vehicle. Such coverage shall be in accordance with applicable law, including, but not limited to, the automobile insurance regulations of the United States, the Commonwealth of Massachusetts, and any other states where the Contractor may maintain its principal place of operation and/or staff or maintain personnel or equipment. This insurance shall be written with respect to all coverage, for not less than the following policy limits: $1,000,000 per each occurrence; $1,000,000 aggregate.

The general liability and motor vehicle insurance required by this RFR may be arranged under single policies for the full limits as set forth above or by a combination of underlying insurance with the balance of the limit amount provided by excess or umbrella insurance policies. All excess or umbrella insurance policies shall follow form, without exclusions or reductions in coverage over the primary liability insurance policy. All policy limits for insurance coverage required by this RFR shall be exclusive of litigation costs and attorney’s fees. All policies must state that bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy, and must state that the insurer is liable for payment of amounts within any deductible applicable to the policy, with the right of reimbursement by the insured for any such payment made by the insurer.

5. Audit During the term of this Agreement and for a period of six (6) years thereafter, the DOC, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor’s accounting records, including sales information on any system, reports, or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged the DOC, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

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

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

Below are the criteria and maximum points available:

Total:

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

Category II Outside Laboratory Testing Services Criteria:

Total:

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

6.1. Best and Final Offer

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

7. How to Submit a Quote All Bidders may begin creating and compiling Quote materials as soon as the Bid and all attachments are in the Sent document status in COMMBUYS. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar). Bidders should submit one Quote Submission Method Online Bid Submission via COMMBUYS is required. Bidders should submit their proposal along with one redacted copy.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the home or landing page. Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active COMMBUYS account for the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

The following resources are provided to assist Bidders in submitting Quotes:

· Appendix 6, Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote; and

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

Prohibition regarding contract terms Bidders must not, as part of their Quote, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. Contracting Departments expect that all Statewide Contracts incorporate the same terms and conditions and only those terms and conditions. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

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

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

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

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

Bid Opening Date/Time (aka Deadline for Proposals) All Bids must be posted in COMMBUYS before the specified date, month, year, and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Time. All Bidders are advised to allow adequate time for Bid submission by considering potential online submission impediments such as Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. COMMBUYS will not accept Bids submitted after the Bid Opening Date/Time deadline.

LATE QUOTES WILL NOT BE CONSIDERED.

7.1. Quote Contents

Bidders must comply with the requirements below.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS.