RFR MED50 10-6-15 FINAL~1.doc

The Commonwealth of Massachusetts

Executive Office For Administration and finance

Operational Services Division

One Ashburton Place, 10th Floor, Room 1017, Boston, Massachusetts 02108-1552

Request for Response (RFR) Document Title: Influenza Vaccine for the 2016 – 2017 Flu Season ASK "RFR Number/Document Number" \* MERGEFORMAT Agency Document Number: MED50 COMMBUYS Bid#: BD-16-1080-OSD03-SRC3-00000005621 10/06/15

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.2 Background information

11.3 Applicable Procurement Law

11.4 Number of awards

11.5 Adding Contractors after initial Statewide Contract award

11.6 Eligible Entities

21.7 Acquisition Method(s)

21.8 Contract Duration

21.9 Performance and payment time frames which exceed Contract duration

21.10 Estimated Value of the Contract

21.10.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew)

2This Estimated Value was based on the estimated requirements of MIP for influenza vaccine for the 2016 – 2017 flu season plus the historical quantities purchased in prior flu seasons.

21.10.2 Right of Purchase

Estimated Procurement Calendar

42.1 Written questions via the Bid Q&A on COMMBUYS

42.2 Locating Bid Q&A

42.3 Site Inspection

42.4 Debriefing

Specifications

53.1 Bidder Qualifications

53.1.1 Company certifications and affiliations

53.1.2 Company experience

53.1.3 Financial stability including bankruptcy, litigation and contract defaults

53.2 Commodity Specifications

53.2.1 Functional description

53.2.2 Quantity

63.2.3 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

63.2.4 Availability guarantees of service, service parts, accessories and supplies

63.2.5 Emergency response plans/preparedness

63.2.6 Emergencies Beyond Control of Contractor or Eligible Entity

63.2.7 Geographic service and delivery areas

6Bidders awarded a contract must service/deliver to all parts of the Commonwealth.

63.3 Special Vaccine Statements

63.3.1 Own use Statement

73.3.2 Duty to Warn

73.3.3 National Vaccine Injury Compensation Program (VICP)

73.4 Environmental Specifications

73.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

73.4.2 Environmental plan

83.5 Compensation Structure/Pricing

83.5.1 Cost tables

103.6 Supplier Diversity Program (SDP) Plan

113.6.1 Supplier Diversity Program Subcontracting Policies

113.7 Participation in the OSD’s Annual Marketing Event, MASSbuys

123.8 Requirements for Doing Business after a Contract Has Been Awarded

123.8.1 Statewide Contract Administration Fee and Report

143.8.2 Additional Report Requirements Engagement (Sales) and SDP Spend & Due Dates

153.8.3 Continued qualification based on performance

153.8.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

173.8.5 Orders (Contractor’s Interface with Commonwealth Agencies) .

Evaluation criteria

194.1 Mandatory requirements

194.2 Desirable specifications

194.3 Alternatives

194.4 Evaluation Components

194.4.1 Price 80% Weight

204.4.2 Supplier Diversity Plan 10% Weight (formerly Affirmative Market Plan) (minimum of 10% weight)

204.4.3 Other desirable specifications PPD + EPP Total 10% Weight

HOW TO SUBMIT A QUOTE / RESPOND TO THIS BID

215.1 Quote Submission Method

215.2 COMMBUYS Quote Submission Training and Instructions

215.3 COMMBUYS Support

225.4 Bid Opening Date/Time

225.5 Quote Contents

225.5.1 RFR Submission Checklist

225.5.2 Additional Quote Terms

235.6 Quote Materials

235.6.1 Electronic Signatures

235.6.2 Ink Signatures

235.7 Limits and Restrictions

235.7.1 Document Pages

235.7.2 File Naming Conventions

245.7.3 File Format Restrictions

245.8 No Form Provided

24There are no forms provided for: statement of insurance (typically Accord form from broker), or authorization letters from manufacturers for distributors. Bidders must upload these as part of their submission.

245.9 Withdrawing a Quote

245.9.1 Prior to Bid Opening Date/Time

245.9.2 After Bid Opening Date/Time

APPENDIX 1 – Required Terms for all Statewide RFRs

256.1 General Procurement Information

256.1.1 Alterations

256.1.2 Bidder’s Contact Information

256.1.3 COMMBUYS Market Center

256.1.4 COMMBUYS Subscription

266.1.5 Multiple Quotes

266.1.6 Quote Content

266.1.7 Costs

266.1.8 Electronic Funds Transfer (EFT)

266.1.9 Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies

276.1.10 Minimum Quote Duration

276.1.11 Ownership of Submitted Quotes

276.1.12 Prohibitions

276.1.13 Public Records Law

276.1.14 Reasonable Accommodation

276.2 Evaluation – Best Value Selection and Negotiation

286.3 Terms and Requirements Pertaining to Awarded Statewide Contracts

286.3.1 Commonwealth Tax Exemption

286.3.2 Contractor’s Contact Information

286.3.3 Contractual Status of Orders and Service Contracts

286.3.4 Emergency Standby Commodities and/or Services

286.3.5 HIPAA: Business Associate Contractual Obligations

296.3.6 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply

296.3.7 Pricing

296.3.8 Publicity

296.3.9 SaveSmart Program ($ave$mart)

296.3.10 Statewide Contractor Marketing Requirements

306.3.11 Subcontracting Policies

306.3.12 Transaction Fee

APPENDIX 2 - Instructions for Execution and Submission of Commonwealth Standard Forms

317.1 Commonwealth Standard Contract Form

317.2 Commonwealth Terms and Conditions

327.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

327.4 Contractor Authorized Signatory Listing

337.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

337.6 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment

337.7 Additional Environmentally Preferable Products / Practices

337.8 Prompt Payment Discount Form

337.9 No Form Provided

APPENDIX 3 - Instructions for Vendors Responding to Bids Electronically through COMMBUYS

GLOSSARY

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts and the Vaccine Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of Influenza Vaccine for the 2016 – 2017 Flu Season. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed below. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

1.2 Background information

The Massachusetts Department of Public Health’s Immunization program (MIP) is the primary user of the Contract. Each year MIP purchases and provides flu vaccine free of charge to entities that provide free flu shots to the citizens of the Commonwealth. Local cities and towns, counties, state colleges and approved purchase of service providers may also purchase vaccine from the Contract.

1.3 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

The Commonwealth may make individual line item awards to multiple vendors depending on the amount of vaccine a vendor can supply, the delivery schedule for the vaccine, the vaccine type and packaging, the ages the vaccine is indicated for, the type of preservative in the vaccine, and the price of the vaccine. A vendor is not required to enter a bid for every line item on the Price Sheet posted with this Bid on COMMBUYS.

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

1.6 Eligible Entities

Any Contract resulting from this Bid will be open for use by the following types of entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

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

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

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

1.7 Acquisition Method(s)

The acquisition methods to acquire goods and/or services from this Bid is outright purchase.

1.8 Contract Duration

The term of this Contract is up to one year; with a projected start date of March 1, 2016 and end date of February 28, 2017. This Contract has no options to renew.

1.9 Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance 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 written agreement shall extend more than two (2) months beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $5 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.10.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew) This Estimated Value was based on the estimated requirements of MIP for influenza vaccine for the 2016 – 2017 flu season plus the historical quantities purchased in prior flu seasons.

1.10.2 Right of Purchase

The Commonwealth retains the right to obtain products and services covered by this solicitation from any source including Federal CDC contracts if it is in the best interest of the Commonwealth to do so.

2 Estimated Procurement Calendar

Training for Online Submission COMMBUYS How to Locate and Respond to Bids - Webinar. Included in this one-hour training will be instruction on how to: receive email notifications of COMMBUYS bid requests, search for bids using COMMBUYS search tools, read a bid opportunity, create a quote responding to a COMMBUYS bid request.

Dates and Times Available:

Tuesday, November 17, 2015 from 10:00 AM to 11:00 AM Register Tuesday, December 8, 2015 from 10:00 AM to 11:00 AM Register

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 SSST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). 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 that the questions entered into the Bid Q&A are recorded in COMMBUYS and appear on the Bid Q&A page.

Please note that any questions submitted to the SSST 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 immediately 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 SSST 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 Site Inspection

Although not usually required in predecessor Bids, if the SSST deems it necessary, selected Bidders who are asked to arrange Site Inspections will be expected to prioritize this in their schedules. The SSST will make every effort to find a mutually convenient time for the Bidder and the SSST. However, failure to timely schedule a requested Site Inspection may result in disqualification, reduction of points or other action that the SSST deems appropriate.

2.4 Debriefing

The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the resulting Master Blanket Purchase Order being posted on COMMBUYS. The SSST will provide debriefing guidelines in advance of each debriefing.

3 Specifications

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

3.1.1.1 Authorization letters from Manufacturers

All distributors must supply a statement from each flu vaccine’s manufacturer on the manufacturer’s letterhead that the manufacturer will supply the distributor with the quantity of vaccine the bidder is stating in its bid it can supply to the Commonwealth for the 2016-2017 flu season.

The Commonwealth will only consider Quotes from distributors that obtain influenza vaccine directly from the manufacturers.

3.1.1.2 Statutory, certification and license requirements

All Bidders must comply with Federal and State pharmaceutical distributor licensing requirements.

3.1.2 Company experience

Bidders must have sufficient capacity to deliver the required product and quantity. Before a contract is awarded, the Strategic Sourcing Services Team (SSST) may require a Bidder to submit additional proofs of this capacity such as a successful history of delivering similarly large quantities of influenza vaccine to other large users to the SSST before the award is made. If the SSST decides a Bidder lacks capacity, or cannot satisfactorily demonstrate its ability to deliver, it will reject the Bidder’s response.

3.1.3 Financial stability including bankruptcy, litigation and contract defaults

3.1.3.1 Financial information

Bidders must have sufficient financial stability as described in this section to demonstrate their capacity to meet the needs of the Commonwealth as a manufacturer or distributor. Mandatory questions about this section posted in COMMBUYS must be answered for a Quote to be considered. The SSST reserves the right to disqualify bidders as not meeting capacity requirements based on bankruptcy/litigation information, or days past terms to pay.

3.2 Commodity Specifications

3.2.1 Functional description

Influenza Vaccines: Injectable Inactivated Subviron, Nasal Spray Live Attenuated, recombinant HA, cell culture, for the 2016 – 2017 Flu Season.

3.2.2 Quantity

The MED50 Bidders Price Sheet posted in COMMBUYS with this Bid contains the specific vaccine types and quantities to be quoted. Bidders must completely fill out the information for each individual line item on the Price Sheet on which they are bidding. If a product NDC is not yet available - state “not available, to be supplied later”. A Bidder may bid more than one (1) product on an individual line item. In some cases the same exact product may be bid for more than one (1) line item on the Price Sheet but a bidder may only enter one price for the same exact product.

3.2.3 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

The Bidder must either be the manufacturer or only buy influenza vaccine directly from the manufacturer and have an effective program in place that tracks the Pedigree of the drug (vaccines are included) from time of manufacture to sale. The influenza vaccines must be FDA approved for the 2016-2017 season. (See Definition of Pedigree in the Glossary)

3.2.4 Availability guarantees of service, service parts, accessories and supplies

The initial flu vaccine order should be delivered as early as possible. We would prefer delivery to begin in August 2016. Bidders must include a projected delivery schedule with their bid.

3.2.5 Emergency response plans/preparedness

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

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

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

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

· A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

This information will not be considered in the evaluation of the Quote.

3.2.6 Emergencies Beyond Control of Contractor or Eligible Entity

As specified in item 4 of the Commonwealth Terms & Conditions: “Upon immediate notification to the other party, neither the Department nor the Contractor shall be deemed to be in breach for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor's control.”

3.2.7 Geographic service and delivery areas

Bidders awarded a contract must service/deliver to all parts of the Commonwealth.

3.3 Special Vaccine Statements

3.3.1 Own use Statement

All Pharmaceuticals purchased in accordance with this Contract are for use within Commonwealth of Massachusetts Agencies and Eligible Entities, and will be dispensed in accordance with the guidelines of Abbott Labs v Portland Retail Druggists Association Inc. 96 S.Ct. 1305 (1976) for Hospital exemption under the Robison-Patman act. Absolutely no products will be resold or redistributed outside the aforementioned governmental agencies, i.e. the products shall be used for the institutions “own use” as defined in Abbott Labs v Portland Retail Druggists Association Inc. 95 S.Ct 2655 1974. Furthermore, all goods and materials purchased in accordance with the Contract will be used in “traditional governmental functions” as that term is used in Jefferson County Pharmaceutical Association v Abbott Labs 103 S.Ct 1011 (1993).

3.3.2 Duty to Warn

Vendors may include a manufacturer’s duty to warn language with their bid. In general we will accept the duty to warn language that the Federal CDC accepts for use with its vaccine Contracts.

3.3.3 National Vaccine Injury Compensation Program (VICP)

In the event a person suffers an injury from the vaccine all claims will be filed through VICP.

3.4 Environmental Specifications

3.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, 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 considered to be 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 can be seen at http://www.mass.gov/governor/docs/executive-orders/executive-order-515.pdf.

3.4.2 Environmental plan

Beginning the first year of the Statewide Contract and throughout the life of the Statewide Contract, awarded Bidders must agree to work with OSD and the SSST to examine the feasibility of implementing an environmental plan. The objective of this requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users. Such a plan may include, but not be limited to, the following:

· Implementing energy efficiency initiatives at the corporate level in line with Executive Order 484, such as lighting retrofits, purchase of energy from renewable sources, use of bio-heat fuel, and other energy reduction technologies.

· Encouraging environmental initiatives at a corporate and/or manufacturing level for the purpose of reducing the impact of manufacturing on the environment; such as clearly identifying recycled content of packaging on the packaging, providing product life cycle assessments, working toward the elimination of ozone depleting chemical usage in the manufacturing or refining process (where applicable), and conducting internal environmental auditing related to pollution control.

· Adopting standards and/or obtain certifications, where applicable, for product development and manufacturing processes such as but not limited to LEED, ISO 14001, Cradle to Cradle (C2C) Protocol, Green Seal, Environmental Choice and others.

· Using alternative fuel vehicles for delivery or transportation purposes and/or vehicles equipped with diesel emission control devices and operating such vehicles with guidance on anti-idling initiatives.

· Working with the SSST to develop and distribute information and/or materials to Commonwealth customers on the Awarded Bidder’s environmental practices and initiatives throughout the term of the Contract.

· Developing a plan to implement the recycling of materials used or produced in normal business operations.

· The SSST may award points to Bidders who provide evidence that measures and initiatives such as these are already in place within their operations, and/or for written proposals submitted with their Quote detailing a commitment to action contingent upon receipt of a Contract award. (See the Additional Environmentally Preferable Products / Practices form on COMMBUYS).

3.5 Compensation Structure/Pricing

3.5.1 Cost tables

Compensation will be based solely on the cost tables or catalogs supplied by the Bidder and accepted by the SSST and incorporated into a catalog on COMMBUYS. Cost tables must contain all goods and services to be provided on this Statewide Contract. Compensation will be based on these cost tables, which will form the basis for the Contractor’s catalog in COMMBUYS.

The Cost Table is the MED50 Bidder’s Price Sheet posted in COMMBUYS as part of this Bid. Bidders must completely fill out the information for each individual line item on the Price Sheet on which they are bidding. If the NDC of a product is not yet available, state “not available, to be supplied later”. A Bidder may bid more than one (1) product on an individual line item. In some cases the same exact product may be bid for more than one (1) line item on the Price Sheet but a bidder may only enter one price for the same exact product. Compensation will be based solely on the Price Sheet supplied by the Bidder and accepted by the SSST. The Price the Bidder enters onto the Price Sheet is the Net Price, which inludes the Federal Excise Tax. Net Price is the final delivered price a Purchasing Entity will pay to a Vendor for a product prior to prompt payment discounts being taken by the Purchasing Entity.

3.5.1.1 Prompt Payment Discounts (PPD)

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

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

The requirement to offer a PPD may be waived by the SSST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote. . The minimal acceptable PPD discount would be 1.0% - 10 days. If a discount greater than 1.0% is offered at any specified PPD period, it must be in decimal increments, such as the following examples for illustration only: 1.1%, 2.0%, 2.22%, 2.75%, 3.3%.

3.5.1.2 Statewide Contract Administration Fee

This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c. 7, § 3B, 801 CMR 4.02. For information on the Statewide Contract Administration Fee, please see the “Statewide Contract Administration Fee and Report” section in the “Requirements for Doing Business After a Contract Has Been Awarded” section below.

3.5.1.3 Fuel surcharge provisions

All fuel charges or fuel surcharges are prohibited under this Contract and Vendors must not bill such charges to Purchasing Entities.

3.5.1.4 Shipping FOB Destination

· MA Department of Public Health’s Immunization Program (MIP) requirements

All influenza vaccine purchased by MIP must be sent to and distributed through the Federal Vaccine Management Business Improvement Project’s (VMBIP) distributor McKesson.

Address: McKesson Distribution Center, 4100 Quest Way, Memphis, TN 38115.

The Contractor is responsible for ensuring the integrity of the product in transit. All vaccine must be maintained and shipped under refrigeration. Delivery is FOB Purchasing Entity destination with Contractor maintaining ownership of product until delivery is accepted by McKesson.

· All Other Purchasing Entities requirements

All influenza Vaccine purchased by Purchasing Entities other than MIP must be delivered to the address that the Purchasing Entity specifies.

The Contractor is responsible for ensuring the integrity of the product in transit. All vaccine must be maintained and shipped under refrigeration. Delivery is FOB destination with Contractor maintaining ownership of product until delivery is accepted by the Purchasing Entity.

3.6 Supplier Diversity Program (SDP) Plan

Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and SDVOBEs are strongly encouraged to submit Quotes in response to this Bid, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Quote for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

The SSST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service-Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract. Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.

After contract execution, if any, Contractors must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, identifying a Certified Partner(s) no later than 30 days after contract execution. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

An SDO-certified (formerly SOMWBA-certified) Bidder may not list itself or an affiliate as being a Supplier Diversity Partner to its own company.

Once an SDP Plan is submitted, negotiated and approved, the SSST will then monitor the Contractor’s performance.

Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: Supplier Diversity Plan Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found: on the SDO webpage www.mass.gov/sdo or the Veterans Affairs webpage https://www.vip.vetbiz.gov/ (search only for SDVOSB).

The 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.

The Bidder(s) awarded contracts pursuant to this RFR must provide Quarterly reports of all their purchases from their Supplier Diversity Partner(s) made under this contract using the form posted with this bid. This is in addition to the 1% Administration Fee Report. The Contract Manager and SSST may request the Contractor to provide special customized reports during other times than the Quarterly due date.

3.6.1 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.

3.7 Participation in the OSD’s Annual Marketing Event, MASSbuys

OSD hosts an annual marketing and training trade show, usually in late April or early May, to educate public purchasers and contract end-users on the commodities and services available on statewide contracts, highlight innovative environmentally preferable (green) products and provide marketing and networking opportunities to the business community. The event, recently renamed MASSbuys, represents the blending of two highly successful long running OSD trade shows, the Statewide Training And Resource (STAR) Exposition and the Environmentally Preferable Products (EPP) Vendor Fair and Conference.

The attendees at these events have included public purchasers and contract end users representing all Commonwealth agencies, cities and towns across the state, independent authorities, higher education and eligible not for profit human and social service organizations. The venue for MASSbuys has significant marketing value and is extremely cost effective as it provides exceptional opportunities for statewide contractors to market directly to thousands of attendees.

The MASSbuys Exposition is scheduled each year at either the Boston Convention & Exhibition Center (BCEC) or the DCU Center in Worcester and is 100% supported by statewide contractors as exhibitors. The cost to exhibit is approximately $1100. OSD believes that the show is important because it provides public purchasers and end users with an opportunity to meet over 300 statewide contractors and receive important information on new products, particularly those that save energy, conserve water or other resources, reduce waste as well as the use of toxic substances and may also contain recycled materials. It provides statewide contractors with the unparalleled opportunity to establish and renew business relationships with existing customers and to market their business to approximately 2,000 attendees, many of whom represent potential new customers.

Please note that exhibiting at the MASSbuys Exposition is not required and no points will be awarded to those Bidders who commit to participate. However, Bidders who indicate their willingness to exhibit at MASSbuys in their Quotes will be required to honor their commitment for the duration of their contract, if awarded a contract.

3.8 Requirements for Doing Business after a Contract Has Been Awarded The requirements below are specific to the Statewide Contract, if any, awarded as a result of this Bid. Awarded Bidders (Contractors) must also comply with the requirements stated in Terms and Requirements Pertaining to Awarded Statewide Contracts.

3.8.1 Statewide Contract Administration Fee and Report

This Statewide Contract is subject to a 1% Contract Administration Fee, which is created pursuant to MGL c. 7, § 3B, 801 CMR 4.02 and the Transaction Fee section in this Bid and/or incorporated by reference into Statewide Contracts with the Operational Services Division (OSD). The price stated in any Bidder’s Quote price and any Contractor’s Statewide Contract shall be inclusive of this fee and Contractors shall not reflect this fee as a separate line item on customer invoices.

This fee will be based on 1% of the total dollar amounts, adjusted for credits or refunds, paid by Eligible Entities to the Statewide Contractor based on your statewide contract. All ”Statewide Contracts” awarded and all purchase orders and purchases made pursuant to this RFR are subject to this fee regardless of whether the contract was awarded for statewide or regional coverage. Eligible entities include, but are not limited to: a) Cities, towns, districts, counties and other political subdivisions; b) Executive, Legislative and Judicial Branches, including all departments and elected offices therein; c) Independent public authorities, commissions, and quasi-public agencies; d) Local public libraries, public school districts, and charter schools; e) Public hospitals owned by the Commonwealth; f) Public institutions of higher education; g) Public purchasing cooperatives; h) Non-profit, UFR-certified organizations that are doing business with the Commonwealth; i) Other states and territories with no prior approval by the State Purchasing Agent required; and j) Other entities when designated in writing by the State Purchasing Agent. For a list of other entities that are eligible to use your specific Statewide Contract see Section 1 of this RFR.

Note that if the 1% Administration Fee is deductible as a business expense for federal income tax purposes, it is also deductible as an expense for Massachusetts tax purposes.

3.8.1.1 Quarterly Fee Payment:

For each Payment Period, Statewide Contractor shall pay to OSD a fee equal to one percent (1%) of the total payments (adjusted for credits or refunds) received from all Eligible Entities that have purchased from the Statewide Contractor pursuant to this Agreement. All payments will be based on full calendar quarters (Payment Periods) and must be received by OSD on or before 45 days after the last day of the Payment Period (as specified below) or a Contractor will be considered in breach of contract:

Quarterly payments will include any periods less than a full calendar quarter if a contract does not start at the first day of a quarter or end on the last day of the quarter.

Payments are to be made through a web-based secure payment center, which can be accessed through a link provided to Statewide Contractors by OSD. All Administration Fee payments are to be made directly through the secure payment center. The secure payment center allows payments to be made via Automatic Clearing House (ACH) or by using one of the following credit cards: American Express, Discover, MasterCard and/or Visa.

Please note that there is no charge to vendors to use ACH as OSD covers the nominal fee charged by the secure payment center for using the ACH payment method. OSD will NOT cover the convenience fee for selecting to pay by credit card. This is a fee the contractor is responsible for paying and is non-refundable; the fee is over and above the 1% Administration Fee and it is calculated at 2.49% of the 1% Administration Fee to be paid. Prior to the due date for the Statewide Contractor’s Administration Fee payment, the Statewide Contractor will receive an e-mail communication from OSD that includes all required information the Statewide Contractor must use to submit payments via the secure payment center. Electronically submitting your payment, which is comprised of the 1% administration fee of the total payments received by the Contractor from all Eligible Entities for the Quarter, will serve as the Statewide Contractor Administration Fee Report. If the total Administration Fees due for the Payment and Reporting Period are less than $50, a Statewide Contractor may carry over that balance to the next Payment and Reporting Period until the cumulative amount owed is $50 or greater (see Quarterly Reporting below for instructions).

3.8.1.2 Quarterly Reporting:

Contractor shall submit one Statewide Contractor Administration Fee Report for each Statewide Contract for each Payment Period. If an amount greater than $50 is due for the Payment Period, then the electronic submission of the payment shall serve as submission of the Statewide Contractor Administration Fee Report, as referenced in the Quarterly Fee Payment section above. However, if the total Statewide Contractor Administration Fee due is between $0 and $50, then the Contractor must submit one Statewide Contractor Administration Fee Report for each Statewide Contract for each Payment Period. If you are submitting this report, it must be completely filled out, signed by the Statewide Contractor via electronic signature under the pains and penalties of perjury and emailed to osdfeeadministrator@massmail.state.ma.us.

3.8.1.3 Audit:

During the term of this Agreement and for a period of six years thereafter, the Operational Services Division, its auditors, 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, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially underpaid OSD, then the Contractor shall remit the underpayment and be responsible for payment of any costs associated with the audit.

3.8.1.4 Other Terms:

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

· All amounts payable by the Contractor to OSD under this Agreement that are not received by the due date specified shall bear simple interest from the date due until paid. The Late Payment Interest Rate is set by the Office of the State Comptroller on an annual basis and can be found by selecting the fiscal year in question on the Comptroller’s Fiscal Year Updates webpage.

· In the event of the Contractor’s breach of this policy including, but not limited to, non-reporting, non-payment, late reporting/payment, under-reporting/payment, the Commonwealth reserves the right to pursue any and all recourse and penalties available including, but not limited to, contract suspension and contract termination. The Commonwealth is allowed to suspend, terminate or debar pursuant to Massachusetts General Laws Chapter 29, Section 29F, as amended, and pursuant to Section 4 of the Commonwealth Terms and Conditions. In addition, in the event the Contractor fails to make any payment when due, the Contractor shall be liable to the Commonwealth for all expenses, court costs, and attorneys' fees (including inside counsel) incurred in enforcing the terms and conditions of this Agreement.

3.8.2 Additional Report Requirements Engagement (Sales) and SDP Spend & Due Dates The Bidder(s) awarded contracts pursuant to this RFR must provide Quarterly reports of all their sales (whether or not payment was received) and their purchases from their Supplier Diversity Partner made under this contract on a form posted as an attachment on COMMBUYS with this Bid. The Commonwealth reserves the right to change the report form at its sole discretion. This Sales and SDP report is in addition to the 1% Administration Fee Report. The Contract Manager and SSST may request the Contractor to provide special customized reports during other times than the Quarterly due date.

The Bidder(s) awarded contracts pursuant to this RFR must provide and maintain access to a database which is capable of detailed tracking of customer accounts not limited to detailed expenditure reports, service locations, spend, SDP expenditure report, Environmental Purchasing expenditure reports.

3.8.3 Continued qualification based on performance

The SSST reserves the right to suspend a Contractor for failure to meet the terms of the contract, including failure to timely file reports required under other sections of this solicitation.

3.8.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

The individual listed in the Purchaser field in the Header Information section of the Master Blanket Purchase Order is the Commonwealth Contract Manager.

3.8.4.1 All Statewide Contract questions must be directed to the Commonwealth Contract Manager.

3.8.4.2 Timely response to requests

Contractors are expected to respond in a timely manner to requests from the Commonwealth Contract Manager.

3.8.4.3 Meetings

Contractors are expected to give scheduling priority to meeting requests from the Commonwealth Contract Manager.

3.8.4.4 Contractor providing electronic documents for up-to-date transparent pricing of:

Catalogs

Prior to the Contract Start Date, the Contractor will establish and enable a COMMBUYS-compatible online catalog, which may be hosted in COMMBUYS up to 30,000 line items (SKU”S or items) or by the Contractor with a G2B Punch-out from COMMBUYS. The catalog must utilize the Commonwealth commodity codes based on the United Nations Uniform Product and Service Code (UNSPSC) and must provide Eligible Entities with the capability to order only those products and/or services authorized by the vendor’s contract with the Commonwealth from the Contractor using COMMBUYS. The Contractor is required to maintain the catalog for the duration of the contract and must receive prior approval from the SSL before posting any updates or changes to the catalog, which must be consistent with the terms of the contract.

3.8.4.5 Web sites specifically designed for this Contract

Any web site links posted on COMMBUYS must only reference the awarded contract specifically. No references to other services or goods are allowed.

3.8.4.6 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 Commonwealth Contract Manager. In some cases additional paperwork will be required to effect the change.

3.8.4.7 Contractor account team

Single Point of Contact (Contractor Contract Manager) is required for communications with the Commonwealth’s Contract Manager. This person should have sufficient authority to answer questions and resolve issues in a timely manner.

Replacement of Contractor staff - Any changes in the Contractor’s staff relating to this contract must be immediately communicated in writing (email) to the Commonwealth’s Contract Manager.

3.8.4.8 Adding commodities and/or services to the Statewide Contract Procedure for requesting the addition of commodities and/or services to the Statewide Contract is to email the Commonwealth Contract Manager with the requested item(s) and net delivered price(s) inclusive of Federal Excise Tax.

3.8.4.9 Environmentally Preferable Products and Services

The department and Contractor(s) may establish a preference for Environmentally Preferable Products (EPPs) and/or negotiate during the Contract term to permit the substitution or addition of EPPs to the Contract when such products are readily available at a competitive cost and satisfy the department’s performance needs.

3.8.4.10 Report requirements & due dates

Report Templates will be published on COMMBUYS

Statewide Contract Administration Fee Quarterly Report– see Section 3.8.1 Contractor sales report – see Section 3.8.2 Supplier Diversity Program expenditure report – see Section 3.8.2

Ad hoc reports – Contractors are expected to respond in a timely manner to such requests from the Commonwealth Contract Manager.

Late report penalties – The SSST reserves the right to suspend a Contractor for failure to meet the terms of this contract including failure to file timely reports required by this RFR.

3.8.4.11 Identification and approval of subcontractors & joint ventures (see Subcontracting Policies and the Commonwealth Terms and Conditions)

3.8.4.12 Advertising pre-approval approval - Advertising about contracts resulting from this Bid must be pre-approved through the Commonwealth’s Contract Manager.

3.8.4.13 Press releases - Press releases about contracts resulting from this Bid must be pre-approved through the Commonwealth Contract Manager.

3.8.4.14 Right to inspect place of business…