RFR _Power Plant Management.doc

The Commonwealth of Massachusetts

Executive Office of Public Safety & Security

Department of Correction

50 Maple Street, Suite 3

Milford, MA 01757

Request for Response (RFR)

Document Title: Power Plant Systems Management ASK "RFR Number/Document Number" \* MERGEFORMAT COMMBUYS Bid#: BD-16-1025-DOCCF-9206A-00000007229 Agency Document Number: RFR # DOC-DRM-2016-Power Plant Issue Date: February 22, 2016

SHAPE \* MERGEFORMAT

RFR Introduction and General Description

1.1 Procurement Scope and Description 1.2 Applicable Procurement Law 1.3 Number of awards 1.4 Adding Contractors after initial Contract award 1.5 Eligible Entities 1.6 Acquisition Method(s) 1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

1.8 Contract Duration 1.9 Estimated Value of the Contract Estimated Procurement Calendar 2.1 Written Question and Answer Process

2.2 Amendment Deadline

2.3 Bidders Conference…………………………………………………………………………….. 5

2.4 Oral Presentations/Demonstrations…………………………………………………………..5 Specifications 3.1 Specifications 3.2 Fiscal Terms/ Pricing Other Terms 4.1 Department of Correction (DOC) Terms 4.2 Contractor’s Terms and Conditions 4.3 Reporting.

4.4 Contract Management 4.5 Change Notification 4.6 Invoices and Payment

4.7 Performance Measures

4.8 Contract Amendments

4.9 Contract Renewal …………………………………………………………………………….. 13

Evaluation criteria 5.1.1 Supplier Diversity Plan 5.1.2 Best And Final Offer (BAFO) HOW TO SUBMIT A quote……………………………………………………………………17

6.1 Instructions for submitting a paper Proposal…………………………………………… 20 6.2 Environmental Quote Submission Compliance.

Appendix 1 – Required Terms for all RFRs 7.1 General Procurement Information

7.1.1 Executive Order 515, Establishing an Environmental Purchasing Policy………………… 21 7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions…………………………………………………………………………………………… …22

7.2 Terms and Requirements Pertaining to Awarded Contracts 7.2.1 Contractor’s Contact Information 7.2.2 Publicity Appendix 2 - RFR - Required Specifications…………………………………………22 Appendix 3 - Other Required Dept. of Correction Specifications……….28 APPENDIX 4 Instructions for Execution and Submission of Commonwealth Standard Forms appendix 5 - glossary

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for for qualified consultants to submit requests for proposals to provide management and staffing support at MCI Framingham and other DOC Power Plants that may be added over the period of the contract. The system management must be performed in a manner that complies with all EPA, DEP and other state and local regulations and results in the provision high pressure power plant operations, emergency power generation and co-generation. Compliance with M.G.L. Chapter 146, 520 CMR, 522 CMR, 527 CMR and 528 CMR. Site visits will be scheduled for each site.

1.2 Applicable Procurement Law

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

· MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.3 Number of awards

The Department seeks Multiple Contractors. The intent of this RFR is to establish and maintain a list of pre-qualified contractors from which the Department, facilities located throughout the DOC, and the other Commonwealth Agencies defined as eligible entities, can select.

1.4 Adding Contractors after initial Contract award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously. The Department will not accept new bids that are received less than 6 months away from the maximum and final end date of the solicitation.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC) only.

Any contract resulting from this Bid will be open for use to the Issuing Entity (DOC). This is a Non-Statewide/Limited User Contract.

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

1.6 Acquisition Method(s)

Fee for Service.

This is a rate contract.

1.7 Performance and Payment Time Frames Which Continue Beyond Duration of the Contract.

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

1.8 Contract Duration

The expected duration of this contract is as follows:

Initial Duration

Up to 1 year

Renewal Options

2 options to renew, up to 1 year each option

Total Maximum Contract Duration

3 years

1.9 Estimated Value of the Contract

The “Estimated Value (US$)” for this Bid was based on the following: Prevailing wage for three employees at a forty hour work week for fifty two weeks is approximately $400,000 - $500,000.

Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

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

2 Estimated Procurement Calendar

Initial Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) Contract will be rolling enrollment 3/15/16

Bidder Oral Presentations / Product Demonstrations (If Required)

NA

11:00 AM at MCI Framingham

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.

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

2.1 Written questions

The question and answer process provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid.

Written Questions

Must be received by: March 4, 2016 by 3:00 PM Bidders may submit written questions concerning any part or attachment of this RFR to the Strategic Sourcing Team Leader. Written Inquiries regarding issues outside of the scope of this RFR will not be considered by the SST. The deadline for the submission of written questions is listed above as well as in the Procurement Calendar.

All written questions must be submitted, by the required date and time, to:

SST Leader name: Annmarie Rodrigues SST Leader title: Contract Specialist III E-mail address: AnnMarie.Rodrigues@MassMail.State.MA.US All written inquiries must be submitted via electronic mail (e-mail) only. No other manner of submission will be accepted. Questions must be entered in the body of the e-mail rather than in an attachment. The subject of the e-mail should include the words “RFR # DOC-DRM-2016-Power Plant”. The Bidder is responsible for confirming receipt of its written inquiries with the Strategic Sourcing Team Leader.

It is the Bidder’s responsibility to verify receipt of questions. It is the responsibility of the prospective bidder and awarded Contractor 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 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.

Written Responses released on COMMBUYS on or about:

March 4, 2016 The Bidders’ questions and answers document will be posted to the solicitation site on COMMBUYS. Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The Department reserves the right not to respond to questions submitted after this date.

Bidders are responsible for entering content suitable for public viewing, since all of the questions will be accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

2.2 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.

2.3 Physical Bidders’ Pre-Bid Conference (in person)

The Bidders’ Conference is the physical conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders.

Bidders Conference:

Date:

February 29, 2016

Time: 11:00 a.m.

Location: MCI Framingham –

99 Loring Drive, Framingham, MA 01701 Bid Intent Forms: Due by 2/25/2016 by 12:00 pm. Bid Intent Forms are available on the Internet at www.commbuys.com.

2.4 Oral Presentations/Product Demonstrations N/A

If requested, bidders may be required to provide the Department with an oral presentation/product demonstration. Selected Bidders who are asked to participate in oral presentations/product demonstrations will be expected to prioritize this in their schedules. The SST will make every effort to find a mutually convenient time for the Bidder and the SST. However, failure to appear at the scheduled time of the presentation/demonstration may result in disqualification, reduction of points or other action that the SST deems appropriate. If required, the Department estimates oral presentations/product demonstrations during the week(s) of: This time frame is an estimate.

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

3.1 The Massachusetts Department of Correction (the "Department" / “DOC”) is seeking responses for for qualified consultants to submit requests for proposals to provide management and staffing support at MCI Framingham and other DOC Power Plants that may be added over the period of the contract. The system management must be performed in a manner that complies with all EPA, DEP and other state and local regulations and results in the provision high pressure power plant operations, emergency power generation and co-generation. Compliance with M.G.L. Chapter 146, 520 CMR, 522 CMR, 527 CMR and 528 CMR. Site visits will be scheduled for each site.

The Department may choose any or all services for which a price has been bid for each facility. The Strategic Sourcing Team reserves the right to add subsequent contractors to this contract at any time during the life of the contract based upon for lack of coverage or product availability as deemed necessary and appropriate. The contractor may provide prices for services to that facility.

Staffing from this contract may be on a temporary or intermittent basis as DOC needs dictate.

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR does not close, allowing bidders to respond at any point during the life of the solicitation. However, all contracts resulting from this RFR will expire simultaneously.

Review or update a site drawing (source, storage and distribution) of each existing system where not available and as assigned under contract for insertion as part of each Facility Management Plan. Note sites where such a plan is not possible so that this fact can be included in the Facility Management Plan. Complete set due within 120 days.

i. Review, update and be responsible for maintaining an up to date system standard operational manual.

ii. Function as DOC’S Licensed Plant operator(s) for systems assigned to manage under contact.

iii. Perform all tasks requiring a licensed operator as per all State and Federal regulations

iv. Provide copy of current Massachusetts Engineer or Fireman License as required in MGL Chapter 146 with RFR Response.

v. It is intended that a Single or Multiple Contractor(s), be awarded this contract in full. The Department would then establish individual purchases of service or commodities with this contractor(s), on an as needed basis.

vi. Provide Chief Engineer or Chief and Second Class Engineer, Third Class Engineer or Fireman services for Power Plant systems at MCI-Framingham , as specified in M.G.L. Chapter 146 and 520, 522, 527 and 528 CMR. MCI Framingham is a high pressure plants.

vii. Be responsible for the day-to-day operation and management of the Power Plant systems. These systems are in operation 24 hours per day, seven days per week and fifty-two weeks per year at the high pressure plant The Vendor will schedule a Chief Engineer to be on site a minimum of one work shift, of 8 hours per week, for Plant Operation and a Second Class Engineer and/or Fireman to be on site a minimum of three work shifts, of 8 hours per week, for Plant operation as determined by the needs of the Department.

viii. As part of this agreement the vendor will supply hourly rates for First Class Engineer, Second Class Engineer Third Class Engineer and Fireman to be used for supervision of the Power Plant systems in the absence of Plant Operators supplied by the MA Department of Correction. Your list of hourly rates for First Class Engineer, Second Class Engineer, Third Class Engineer and Fireman should include weekend rates and compensation for work beyond normal work hours in the absence of DOC personnel. Also, an explanation should accompany this list to describe how you determine “beyond normal work hour coverage” rates.

ix. The contractor is to provide a continuous line of communication directly to the DRM Project Manager, the designated departmental representative at the correctional facility; thereby allowing for sound and responsive decisions. All sample reports, summaries, test results, lab results, and other reports, including but not limited to the following: Monthly Operating Reports and Annual Statistical Report will be provided to the Project Manager.

x. The contractor is to work in liaison with the Department of Correction and the regulatory agency in all matters related to the operation of the Power Plants, including the preparation of all required EPA/MA DEP reports and permits.

xi. Review the sample monitoring schedule and locations annually.

xii. Complete and submit to the EPA/MA DEP the Annual Statistical Report and all other required forms within the required time frames.

xiii. Notify the EPA/MA DEP of any violation, and issue public notices when necessary.

Develop and maintain a complaint logbook.

xiv. Keep accurate documentation and maintain a filing system for correspondence.

xv. Develop, maintain and keep an up-to-date system standard operational and maintenance manual, which contact a minimum:

· The most recent version of 520, 522,527 and 528 CMR Regulations,

· The EPA/MA DEP Guidelines and Policies for Power Plant Systems,

· The Standard Monitoring Framework, and

· Other pertinent documents.

xvi. All licensed personnel shall maintain an active license.

xvii. Accompany regulatory agencies during onsite inspections.

xviii. Establish a schedule of comprehensive daily activity requirements such as:

· Monitor and/or operate all gauges, meters, and control panels.

· Observe operating conditions, and interpret meter and gauge readings. Test the results to determine processing requirements.

· Implement changes to process control as required to maintain compliant operation.

· Operate valves, gates and starts and stops pumps and controls to adjust pressure as required.

· Maintain logs and records, meter and gauge readings.

· Operate all facility treatment equipment in accordance to manufacturer’s tolerances and recommendations.

· Take samples and perform laboratory tests and analysis.

· Check the operation of the all plant equipment.

· Perform housekeeping, grounds keeping, minor maintenance, and other duties as necessary for the proper upkeep of the Power Plant.

Notice: Changes and adjustments/amendments to the contract may occur during performance if seen necessary by the Department and only as approved by the PTL of this contract.

Contract Expansion: The Department reserves the right to include, amend or negotiate any additional commodities or services to this existing contract in which the successful bidders offer, when necessary, and only as approved by the PTL of this contract, without having to conduct a separate competitive procurement.

Proposal submissions must include:

· Index/synopsis of qualifications including copies of permits and licenses.

· Detailed account and cost corresponding to the work items put forth in section 3.1 of this RFR.

· Proposals must include resumes, qualifications and licenses of consultants who will manage this program.

3.2 Fiscal Terms / Pricing The acquisition method(s) to acquire goods and/or services from this Solicitation are: Fee for Service.

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

Bidders responding to this RFR must complete and return: An hourly wage rate for the following classes of license based upon current prevailing wage rates at plant location:

Title: Rate:

1. Second Class Steam Fireman

2. First Class Steam Fireman

3. Third Class Stationary Engineer

4. Second Class Stationary Engineer

5. First Class Stationary Engineer

All licenses must be current and issued by the Massachusetts Department of Public Safety.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire time period of the renewal option.

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

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

4 Other Terms

4.1 Department of Correction (DOC) Terms

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

All work is to be completed in a professional manner. The Contractor shall familiarize him/herself and abide by all Department and institution rules and regulations. Convicted felons are not allowed on DOC property. Exceptions must have prior approval. Background checks will be completed for individuals performing any work inside DOC facilities under this contract and at any time during this contract. Upon request by the DOC, the contractor will provide the DOC with specific information to be used to complete background checks. Personnel shall be subject to the provisions of 103 DOC 225, Professional Boundaries Policy; specifically the dress code requirements stated in 103 DOC 225.03(8). Body piercing and tattoos that pose security risks shall not be allowed. The possession or use of any tobacco products are prohibited on Department property.

DOC Rules and Regulations: It must be fully understood by the bidders/contractors that the Department of Correction and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every contractor/employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds. In addition, a locking gas cap may be required for any vehicle entering the facility.

Prison Rape Elimination Act (PREA)

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

The Department of Correction has zero tolerance towards the sexual abuse of inmates in its custody. All staff members, volunteers, and vendors are required to comply with 103 DOC 519, the Sexually Abusive Behavior Prevention and Intervention Policy, and to report any sexually abusive behavior to the Department immediately. Inmate employers are required to immediately report such behavior to the facility Superintendent.

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

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

Prevention Planning:

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

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

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

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

Security and Confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers of employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Department of Correction.

4.2 Contractor’s Terms and Conditions

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

4.3 Reporting

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

4.4 Contract Management

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

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

The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract. The primary end users of the services and products of the contract are representatives from the Department’s Special Operations Division and Office of Investigative Services.

Contract Manager:

Contract Monitor:

Annmarie Rodrigues

Sean Foley

508-422-3365

508-422-3669

Annmarie.Rodrigues@MassMail.state.ma.us Sean.Foley@MassMail.state.ma.us

4.5 Change notification

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

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

4.6 Invoices and Payment

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

· Name and address of Contractor

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

· Date of invoice and date of delivery

· Name of Department contact person

· Prompt payment discount terms

· Valid Department of Correction Purchase Order number

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

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

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

Prompt Payment Discounts

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

Justified Credits

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

Tax Exempt

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

The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR.

The contract resulting form this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

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

4.7 Performance Measures

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

4.8 Contract Amendments

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

4.9 Contract Renewal

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

5 Evaluation criteria

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

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

Below are the criteria and maximum points available:

Criteria;

Maximum Points Available

Conformance with all requirements of this RFR.

Proposal and objectives are clearly stated.

The proposal clearly demonstrates a plan to effectively and appropriately accomplish each task in the project scope.

The proposal offers a cost effective means for DOC to obtain its procurement goal.

The proposal contains and demonstrates the consultants experience knowledge and ability to successful.

The Proposal includes resumes, qualifications and licenses of consultants who will manage this program.

Subtotal:

Supplier Diversity Plan: (minimum of 10% weight)

Total:

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

Added Value is determined solely by the Strategic Sourcing Team (SST). Added Value is discretionary. Added Value could be anything in their proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points on a case by case basis.

5.1.1 Supplier Diversity Plan (minimum of 10% weight)

Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9. Pursuant to Operational Services Division policy, the Bidders SDP must be evaluated at least a minimum of 10% of the total evaluation.

5.1.2 Best and Final Offer (BAFO)

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

6 HOW TO SUBMIT A Proposal and quote Bid Response Method

Online Bid Submission via COMMBUYS is required. All bids will require the submission of electronic quotes. Responses must be sent via the “Create Quote” functionality in COMMBUYS.

Instructions for Vendors Responding to Bids in COMMBUYS:

Bidders will be required to respond electronically in COMMBUYS.

Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

9. The lower half of the page provides information about the specific goods/services the bid is requesting.

10. Click Create Quote to begin.

11. The General tab for a new quote opens. This page is populated with some information from the bid. Fields available to update include:

a. Delivery days

b. Shipping terms

c. Ship via terms

d. If “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms

It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

12. The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

16. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

19. The Summary tab redisplays with an updated Status for the quote of Submitted.

20. Your quote submission is confirmed only when you receive a confirmation email from COMMBUYS. If you have submitted a quote and have not received an email confirmation, please contact the COMMBUYS Help Desk at COMMBUYS@state.ma.us.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

Note to Bidders:

A) Bidders must enter a unit cost or check no charge if no specific dollar amount is required for the quote. Bidders submitting quotes with “No Bid” checked in the item screen will not be eligible to enter into a contract with DOC. “No Charge” must be checked or a dollar amount entered in the Unit Cost Field. The “No Charge” selection will not be construed by the Purchaser to mean an offer to provide services or products at no charge.

B) To protect security-sensitive and personally identifiable information, bidders must designate specific attachments as “confidential” prior to submitting their quotes.

COMMBUYS Support

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

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

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

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

6.1 INTRUCTIONS FOR SUBMITTING A PAPER PROPOSAL– Bidders must also submit their response in a sealed envelope that is clearly marked with the RFR reference number “RFR #DOC-DRM-2016-Power Plant by March 16, 2016 at 1:00 pm, to the following address: Commonwealth of Massachusetts, Massachusetts Department of Correction - Headquarters

50 Maple Street, Suite 3

Milford, MA 01757

Attention: Annmarie Rodrigues, Contract Specialist III

E-Mail: Annmarie.Rodrigues@MassMail.state.ma.us Quotes must be submitted in a sealed envelope and include one (1) original signed copy and (4) duplicate copies.

The Department of Correction requires that the original submission contain “wet ink” signatures. Electronic signatures are not acceptable as originals and forms that are submitted with this form of signature for the original may be disqualified as unresponsive.

Any submission which fails to meet the submission requirements of the RFR may 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 bidder to make minor corrections to the submission.

Initial Bid Opening Date/Time (aka Deadline for Proposals)

Responses are due no later than March 16, 2016 by 1:00 PM EST to the address listed above.

Contract will be rolling enrollment.

Bidders must be aware that the Department of Correction Headquarters, located in Milford MA, is a secure building. Bidders will be required to produce and surrender photo identification to security personnel at the main desk for a visitors pass to the building. Upon leaving the building, Bidder personnel must surrender the visitors pass and reacquire their photo identification. Failure to comply with or any attempt to circumvent these security measures will result in non-admittance to the property.

Please keep these security requirements in mind when considering the “hand delivery” of your response to Department of Correction Headquarters. Notification must be made in advance with the SST leader if you are considering hand delivery as packages are not allowed to be left at the main desk.

All incoming mail and delivered mail (e.g., FedEx and UPS) is screened first by the Department of Correction. Please keep these security processes in mind when mailing or having responses delivered by a delivery company.

6.2 Environmental Quote Submission Compliance.

In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotes 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 Quote.

· Unless absolutely necessary, all Quotes and copies should minimize or eliminate use of non-recyclable or non-reusable 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 Quotes are made with recycled materials.

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

7 Appendix 1 – Required Terms for all RFRs

7.1 General Procurement Information

7.1.1 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

7.1.2 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.

7.1.3 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.

7.1.4 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.

7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 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.

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