RFR Infrared Thermal Imaging 2019.doc

REQUEST FOR RESPONSE

Infrared Thermal Imaging

RFR #SP19-IMAG-U80

COMMBUYS Bid #BD-19-1084-POLAI-AW1-33693

The Commonwealth of Massachusetts

SECRETARY OF PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

470 Worcester Road Framingham, MA 01702

Request for Response (RFR) Document Title: Infrared Thermal Imaging ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-19-1084-POLAI-AW1-33693 Agency Document Number SP19-IMAG-U80 January 10, 2019

THIS PROCUREMENT IS COVERED BY THE WORLD TRADE ORGANIZATION GOVERNMENT PROCUREMENT AGREEMENT (WTO/GPA).

Federal Funds may be utilized for this procurement. Respondents will not be considered if they appear on the Federal Government’s Debarment List.

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Applicable Procurement Law

11.3 Acquisition Method:

11.4 Whether Single or Multiple Contractors are Required for Contract:

21.5 Entities Eligible to Use the Resulting Contract

21.6 Expected Duration of Contract (Initial Duration and any Options to Renew):

21.7 Anticipated Expenditures, Funding or Compensation:

Estimated Procurement Calendar ……………………………………………………3 32.1 Written questions via the Bid Q&A on COMMBUYS

42.2 Locating Bid Q&A

42.3 Amendment Deadline

REQUIREMENTS……………………………………..……………………………………………..5

INSTRUCTIONS FOR SUBMISSION OF RESPONSES .…………………………………..…11

4.1 Required Forms …………………………………………………………………………....…..11

EVALUATION PROCESS AND CRITERIA ………………………………………………….…12

6 APPENDIX I - REQUIRED TERMS FOR ALL RFRs …………………………………..……..13

7 APPENDIX 2- RFR- REQUIRED SPECIFICATIONS ………………………………………….15

8 APPENDIX 3- INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF COMMONWEALTH STANDARD FORMS ………………………………………………………..20

9 APPENDIX 4- GLOSSARY ………………………………………………………………………23

This document may contain sensitive security information and should be shared on a need-to-know basis only

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of State Police (POL) seeks a highly qualified and experienced bidder(s) to provide multi spectral airborne imaging sensor and color video camera turrets, electronic control units, hand controllers, monitors, and video interfaces for installation on State Police helicopters.

SDP Requirements: If the contract exceeds $150,000 during the life of the contract, vendors will be required to submit quarterly reports (Form 3). Bidders are required to develop creative initiatives to help foster new business relationships with M/WBE’s and/or SDVOBE’s within the primary industries affected by this RFR in order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives.

Electronic Quote Submission Instructions

Bidders are advised that Massachusetts State police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process.

1.2 Applicable Procurement Law

Executive Branch Goods and Services

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Legal Services

MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

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** If federal funds are used, vendor cannot appear on the Federal Debarment List.

1.3 Acquisition Method:

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Fee-For-Service

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Outright Purchase

1.4 Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

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Single Contractor

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Multiple Contractors

a. Estimated Number of Awards

The target maximum number of Contractors is Single Contract. However, multiple awards may be made.

b. Adding Contractors after initial Contract Award

If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. This is an Open Enrollment Contract. Under the open enrollment process, the Bid will be re-opened if deemed necessary.

1.5 Entities Eligible to Use the Resulting Contract

Any contract resulting from this Bid will be open for use by the Department of State Police, as well as Executive Branch agencies that fall within the Executive Office of Public Safety and Security (EOPSS).

EOPPS agencies interested in using this contract may submit a request to the issuing entity and will be responsible for executing their own contracts/ purchase orders and paying their own invoices for goods and/or services acquired from this Contract.

1.6 Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

(72 mos.)

Identify the duration of options to renew and the number of such options (e.g. “two options to renew for one year each”)

Total Maximum Contract Duration

84 mos.

Initial Number of Years/Months for the Initial Term Plus All Renewal Periods

1.7 Anticipated Expenditures, Funding or Compensation:

Estimated Value of Procurement is unknown at this time. Amount is determined by need, as well as funding. Contract will not have a Maximum Obligation Amount- Rate Contract.

Contract prices will remain fixed during the initial contract period. Contractors will have an opportunity to request a price increase if an option to renew is offered. Contractors will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

Federal Funds may be used to fund any part of this contract.

2 Estimated Procurement Calendar

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

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

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are 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.

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.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

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

3 REQUIREMENTS:

The Massachusetts State Police seeks a highly qualified and experienced bidder(s) to provide multi spectral airborne imaging sensor and color video camera turrets, electronic control units, hand controllers, monitors, and video interfaces for installation on State Police Helicopters.

This contract will allow for the re-order of equipment, the purchase of accessories, supplies, repair/replacement parts, equipment upgrades (to include applicable software) and other related commodities not herein specified. Please provide percentage off.

Further, this contract will allow for the execution of a maintenance contract, at the discretion of the Massachusetts State Police, upon expiration of the warranty period, for the life of the equipment purchased under this contract. Bidders should include detailed information on their maintenance contracts and an annual cost.

BID ITEMS

Multi Spectral Airborne Imaging Sensor

(per attachment A: specifications)

Installation (refer to items 6 & 7 in Section B)

Training (per attachment B)

Extended 24/7 Service and Support

(per attachment C)

Additional Charges

(please specify- Attach additional sheets as needed)

TOTAL COST

Maintenance Contract

A. A mandatory thirty (30) day break-in acceptance period will commence once all equipment is delivered and installed. If the equipment is accepted then it may be invoiced. If defects are found, then at the department’s discretion the contractor may have additional time to rectify the defects. The acceptance period will be suspended while defects are being resolved. Once defects are rectified the thirty (30) day acceptance period will begin again at the point in which it was suspended. All equipment warranties will not commence until completion of the acceptance period.

Bidders are advised that the Massachusetts State Police consider any vibration, focus, contrast, gain or brightness problems cause for suspension of acceptance period. However, suspension of acceptance period is not limited to these items.

Further, the acceptance period will not be complete until any and all Federal

Aviation Administration (FAA) inspections and/or approvals are received for any and all equipment and installation.

If on day “29” of the acceptance period all equipment/installations are error free, but

FAA approvals have not been received for all equipment/installations, the acceptance period will be suspended until such time as approvals are received. The acceptance period with all its requirements will remain open.

B. Bidder is required to use Industry Standard Professional installation techniques and processes.

C. Bidder must offer an extended warranty to include all parts, labor and shipping to and from designated repair facilities. Any exception to these warranty clauses must be noted. Further, any warranty offered above and beyond that mentioned should be noted.

Warranty must include availability of “loaner” system to be provided to the Department during the duration of repairs. Bidder will assume all costs associated with related shipping of both loaner system and system to be repaired.

Should a bidder remain silent, the warranty as detailed above will apply at no added costs to the Commonwealth and/or the Massachusetts State Police. Bidders should respond in the affirmative to this warranty or provide detailed information for any warranty other than that specified.

All warranty periods will not commence until the acceptance after the installation as stated earlier.

D. The Department of State Police request service centers be located in the Commonwealth of Massachusetts. Bidders are to provide a listing of its service center(s) location(s). Out of State bidders are encouraged to form partnerships with Massachusetts’s vendor(s) to accomplish this goal.

Any bidder who cannot provide a service center in the Commonwealth of

Massachusetts must provide the location of its service center(s) and a detail plan including, but not limited to, turn around time and shipping methods for addressing warranty repairs.

All bidders must provide a detail plan, identifying time requirements, to address all warranty repairs.

E. Bidder must provide dedicated customer and technical support personnel to this contract. Bidders must include with their bid package a resume and/or listing of qualifications for these individual(s). The Department of State Police reserves the right to accept or reject any individual(s) offered. Further, the Department of State Police may at its discretion request a new individual(s) be assigned to the contract at any time.

Further, bidder must provide information on any and all sub-contractors being utilized. Information must include a brief company history, qualifications and/or resume of participating individual(s). The Department of State Police may at its discretion accept or reject any sub-contractor submitted. The Department of State Police may also request a new sub-contractor and/or individual(s) be assigned to the contract at any time.

F. Bidder shall be completely responsible for the installation and set-up of all purchased equipment and components using commercially acceptable practices. Bidders will be responsible for the completion of all FAA required paperwork in conjunction with installations and repairs. All bidders must include installation costs and bidders must itemize these costs in their submission. Bidder shall be entirely responsible for costs associated with taking Department aircraft to mutually agreed upon installation facility including fuel, travel expenses to include airfares, lodging, and per diem for Department personnel required to fly to the mutually agreed upon location.

G. Bidders are required to work cooperatively with the FAA, the Massachusetts State Police and/or its designee to ensure timely completion of installations. Selected bidder shall be responsible for obtaining FAA approval on installations via field approval or supplemental type certificate (STC).

Further, when applicable, the selected bidder will be responsible for obtaining a supplemental type certificate (STC) for the installation of new equipment on Massachusetts State Police aircraft including locating qualified FAA licensed repair stations to perform said certification or modifying already approved STCs with FAA approval for similar aircraft.

Bidder will be expected to provide the appropriate Meeker mount for attachment to Department aircraft. Furthermore, in an effort to maintain maximum cost effectiveness, it is expected that bidders will utilize current IR system wiring to install their prospective system.

H. This contract requires acceptance of trade-ins. Bidders must complete Attachment C as part of their response. Bidder will agree to a one for one trade-in with every new system purchased. For all future trade-ins conducted under this contract, the Department reserves the right to negotiate, in good faith, trade-in value at the time of trade.

I. Bidder should be able to provide all of the listed equipment. Bidder must submit a response which meets all the required technical and business specifications listed in this RFR.

J. Bidder must be a manufacturer or manufacturer’s authorized distributor for which a response is being submitted. (Attach copies of certifications) K. Bidder must provide delivery and on-site installation within ninety (90) days of receipt of order, unless otherwise mutually agreed to by the Department and bidder. Purchasing department reserves the right to access a five percent (5%) penalty fee for late delivery.

L. Training and operator familiarization with all components must be provided within two weeks after installation of each system. Available training simulation should also be included. See attachment B

M. Bidder must have a minimum of (5) years of experience in development, sales and service of airborne thermal imaging equipment. Previous experience with Public Safety Agencies is preferred. Bidders should submit a brief company history to include but not limited to overall experience, experience with Public Safety agencies, etc.

N. Successful bidder is expected to oversee FOB shipping and delivery of devices, components, and/or equipment to the Massachusetts State Police. The term FOB destination shall mean delivered and unloaded in-house or on-site, at contractor risk, with all charges for transportation and unloading prepaid by the contractor. Massachusetts State Police assumes no responsibility for any damage to any equipment during delivery to the Massachusetts State Police.

Bidder must provide safe, high quality shipping and storage containers specifically made for any equipment provided to the Massachusetts State Police.

O. Bidder must submit a detailed listing of all product support that is offered. Product support must include but is not limited to items stated below.

Training per Attachment B.

The Massachusetts State Police may require priority service for emergency repairs, which must be handled within a reasonable amount of time after arrival to the bidder’s facility. Selected bidder must inform Massachusetts State Police of the needed repair(s) and approximate return date of the equipment within one (1) business day of the equipment’s arrival at the bidder’s facility.

Further, the Mass State Police may require priority service, repairs and technical support in the field. Said emergency service and support must be on site within 6 hours.

Bidders must provide a toll free number for technical support. Technical support must be available 24 hours per day, 7 days per week.

Bidder should list and provide details of available extended 24/7 service and support per Attachment C.

P. Bidder must be cognizant of Commonwealth security concerns and must maintain a secure facility and keep confidential all information regarding the locations and capabilities of any equipment purchased or installed at the request of the Massachusetts State Police or any other government or Public Safety Agency. Selected bidder will not utilize depictions of the Massachusetts State Police, its equipment or personnel in advertising or marketing or for any other means without the expressed written permission of the Massachusetts State Police.

Q. Successful bidder will be required to provide proof of liability insurance in the amount of one million dollars ($1,000,000) before the contract award. Bidders should provide proof of insurance with their submission.

R. Please be aware that the successful bidder, its employees and/or sub-contractors may be subject to a criminal background check prior to the official awarding of this contract and/or at any time during the life of the contract.

S. Bidder must provide detailed block diagrams, schematics, wiring diagrams, installation and operations manuals in duplicate for any equipment sold to the Massachusetts State Police or any systems built for the Massachusetts State Police.

T. Bidder must submit current price list for related accessories and supplies along with any discounts available, which may be purchased under this contract. This contract will also allow for service and/or maintenance on items purchased under this contract, for the life of the equipment. Please provide rates accordingly.

U. Bid responses must be on this form and signed by an authorized representative, and uploaded to COMMBUYS. Additional sheets may be attached as needed.

V. Any contract resulting from this bid will be open for use by the Department of State Police, as well as Executive Branch agencies that fall within the Executive Office of Public Safety and Security (EOPSS). EOPPS agencies interested in using this contract may submit a request to the issuing entity and will be responsible for executing their own contracts/ purchase orders and paying their own invoices for goods and/or services acquired from this Contract.

W. Bidder must provide three references. Reference must be current customer accounts for similar products. References must be supplied on Business Reference Form provided. Bidder may not use Massachusetts State Police employees as a reference.

X. Bidder must provide literature on the product for which a bid has been submitted.

Further bidder must make product available for viewing and/or evaluation by the

Department of State Police personnel upon request. It is the responsibility of the bidder to deliver and install any equipment for which a demonstration/evaluation is requested. The Department of State Police will not be held responsible for any damages that may occur during the evaluation period. Demonstrations/evaluations will be done at the expense of the bidder. The Massachusetts State Police will not be responsible for any costs relating to the demonstrations/evaluations.

Y. Alternatives: A response which fails to meet any material term or condition of the RFR, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, bidders may submit responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated RFR specifications. These alternatives may include utilizing current system hardware and wiring to complete installation. The response should describe how any alternative achieves substantially equivalent or better performance to that of the RFR specifications.

The department will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this RFR is to provide the best value of commodities and services to achieve the procurement goals of the department. Bidders that propose discounts, uncharged commodities and services or other benefits in addition to the RFR specifications may receive a preference or additional points under this RFR as specified.

Contractors may also propose alternatives for equivalent, better or more cost effective performance than specified under the contractor’s original response to enable the department to take advantage of enhanced technologies, commodities or services which become available during the term of the contract.

4 INSTRUCTIONS FOR SUBMISSION OF RESPONSES:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. Please upload all pricing and required forms. For instructions concerning how to submit a Quote, please see Attachment: Instructions for Vendors Responding to Bids. Please address all sections.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

4.1 Required Forms:

Responses to this RFR must contain the following documents:

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The above attachments are available as attachments as part of the Bid record on WWW.COMMBUYS.COM.

5 EVALUATION PROCESS AND CRITERIA:

Contractors must submit responses that meet all the submission requirements of the RFR as defined in the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

A “required” specification is one that must be met in order for a proposal to be considered responsive. Any proposal, which fails to meet a required specification of this RFR, will be considered non-responsive and disqualified unless the procurement management team, in its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the procurement management team may allow the bidder to make minor corrections to their technical and business proposal. No corrections to pricing offered will be allowed.

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

Criteria will include the following:

Ability to provide all requested Instrumentation, Equipment & Supplies/ (including Quality of such.

Business History/Key Personnel/ Financial Statement

Delivery

Pricing

Product Support

References

Supplier Diversity Program Plan

Warranty

Trade-Ins

4 Appendix 1 – Required Terms for all RFRs

4.1 General Procurement Information

4.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

4.1.2 Alterations

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

4.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

4.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

4.2 Terms and Requirements Pertaining to Awarded Contracts

4.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

4.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

4.2.3 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

5 Appendix 2 - RFR - Required Specifications

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions (either version). However, the following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00:

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. 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.

Items with the text, "( Required for POS Only" specify a requirement for Purchase of Service (POS) human and social services procured under 801 CMR 21.00, Procurement of Commodities or Services, Including Human and Social Services and 808 CMR 1.00, Compliance, Reporting and Auditing for Human and Social Service.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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

COMMBUYS Subscription. Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email 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 Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; (2) they will, when directed to do so by the procuring entity, activate and maintain a COMMBUYS-enabled catalog using Commonwealth Commodity Codes; (3) 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; (4) Bidder understands and acknowledges that all references to the Comm-PASS website or related requirements throughout this RFR, shall be superseded by comparable requirements pertaining to the COMMBUYS website; and (6) 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. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

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.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications for delivery, shipping, billing and payment will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 524 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) that resulted in the Supplier Diversity Program in Public Contracting. M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, joint venture partners or other type of business partnerships. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. All bidders must follow the requirements set forth in the SDP section of the RFR, which will detail the specific requirements relating to the prime vendor’s inclusion of M/WBEs and/or SDVOBEs. Bidders are required to develop creative initiatives to help foster new business relationships with M/WBEs and/or SDVOBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of SDP objectives, the Supplier Diversity Program (SDP) Plan for large procurements greater than $150,000 will be evaluated at 10% or more of the total evaluation. Once an SDP commitment, expressed as a percentage of contract revenues, is approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SDO certified M/WBE contractors and the Center for Veterans Enterprise certified SDVOBEs to fulfill their own SDP expenditure benchmarks. M/WBE and SDVOBE participation must be incorporated into and monitored for all types of procurements regardless of size; however, submission of an SDP Plan is mandated only for large procurements over $150,000.

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:

Supplier Diversity Program (SDP) Resources:

· Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp

· Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Operational Services Division’s SDO webpage at: www.mass.gov/sdo

· The Operational Services Division’s Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/osd-events-and-training/osd-training-and-outreach.html In addition, the SDP Webinar can be located on the SDP website at www.mass.gov/SDP.

Supplier Diversity Program Subcontracting Policies. In addition to the Subcontracting Policies (See Subcontracting Policies section below and see Section 9, Subcontracting By Contractor, in the Commonwealth Terms and Conditions) that apply to all subcontracted services, agencies may define specific required deliverables for a contractor’s SDP Plan, including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) for the purpose of monitoring and enforcing commitments made in a contractor’s Supplier Diversity Program (SDP) Plan.

Best Value Selection and Negotiation. The Strategic Sourcing Team or SST (formerly referred to as Procurement Management Team or PMT) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. The SST and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response which results in lower costs or a more cost effective or better value than was presented in the selected bidder’s or contractor’s original response.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation to some or all contracts 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 service or commodity need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department 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.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the SST, including requests for clarification. The SST and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the SST to be lost or rejected by any means including email or spam filtering.

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

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

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

Environmental Response Submission Compliance. In the event that paper submissions are required and in an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all required paper responses that are submitted should comply with the following guidelines:

· All copies should be printed double sided.

· All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e. paper made from raw materials other than trees, such as kenaf). To document the use of such paper, a photocopy of the ream cover/wrapper should be included with the response.

· Unless absolutely necessary, all responses and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three ringed binders, glued materials, paper clips and staples are acceptable.

· Bidders should submit materials in a format which allows for easy removal and recycling of paper materials.

· Bidders are encouraged to use other products which contain recycled content in their response documents. Such products may include, but are not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Where appropriate, bidders should note which products in their responses are made with recycled materials.

· Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must be in compliance with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009 that involve the purchase and provision of food must comply with nutrition guidelines established by the Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

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