RFR Religious Services 2015.doc

REQUEST FOR RESPONSE

RELIGIOUS SERVICES

RFR# 2015REL

All Bidders will be required to complete, execute and return the following two (2) documents:

1. All Bidders must complete, execute and return the Commonwealth Terms and Conditions attached to this RFR. If the Bidder has already executed and filed the Commonwealth Terms and Conditions, (previous business with the Commonwealth), please indicate this in your Response. The Commonwealth Terms and Conditions shall be incorporated by reference into any Contract for Commodities and Services executed pursuant to this RFR. A Bidder is required to execute the Commonwealth Terms and Conditions only once.

2. All Bidders must also complete, execute and return the Standard Contract Form as follows:

___X_ (a) as the cover sheet to their Response. Failure to return a completed and executed Standard Contract Form will disqualify the Bidder's Response.

____ (b) upon selection for Contract negotiation and execution.

By executing the Standard Contract Form, the Contractor certifies under the pains and penalties of perjury that it has submitted a Response to a Request for Response (RFR) issued by the Department and that this Response is the Contractor's offer as evidenced by the execution by the Contractor's authorized signatory, that the Contractor's Response may be subject to negotiation by the Department, and that the terms of the RFR, the Contractor's Response and any negotiated terms shall be deemed accepted by the Department and included as part of the Contract upon execution of the Standard Contract Form by the Department's authorized signatory.

Purchasing Department: Soldiers’ Home in Holyoke Address: 110 Cherry Street, Holyoke, MA 01040 Telephone #: 413-532-9475, ext. 1134 Fax #: 413-538-7968 E-Mail or Internet Address: Denice.Judecki@State.MA.US RFR File Name/Title: Religious Services

RFR File Number: 2015REL Procurement Team Leader/Contact Person: Denice Judecki, Buyer

Procurement Team Member: Brother Frank Grimaldi Procurement Management Group/Category: Human and Social Services

1. Description Or Purpose Of Procurement:

The Soldiers' Home in Holyoke is interested in procuring the services of a Roman Catholic Priest in good standing with Bishop of Diocese and a Protestant Minister.

The Catholic Priest is needed for Mass every Sunday at 10:00 A.M. and on Holy Days of Obligation at 10:00 A.M. The Priest will offer the Sacrament of the Sick weekly to Catholic Veterans admitted to Hospice Services that week. The Priest (or Eucharistic Ministers) will administer Communion weekly to Catholic Veterans not able to attend church. The Priest will be available to Catholic Veterans for emergencies.

The Protestant Minister is needed to conduct Worship Services every Sunday at 1:00 P.M. Communion will be offered at least once a month at services. The Minister will be available to Protestant Veterans for emergencies.

2. Acquisition Method:

____ Outright Purchase ____x___ Fee For Service ______ License

_____ Tax Exempt Lease Purchase (TELP) _____ Lease Purchase _____ Term Lease

_____ Rental (not to exceed 6 months) _______ Other (specify):

3. Whether Single Or Multiple Contractors Are Required For Contract(S)

_____ Single Contractor

___x__ Multiple Contractors

4. Whether Single Or Multiple Departments Will Be Able To Use

___x__ Only Procuring Department May Contract Under RFR

_____ Option to Allow Other Departments\Political Subdivisions to Contract Under RFR

______ Statewide Contract _____ Multi-Department User Contract _____ Pre-Qualification List

5. Expected Duration Of Contract (Initial Duration and Any Options to Renew)

Initial Duration: ____ one-time purchase;

____ months;

__1__ year(s)

Renewal Options:(indicate number):

_____ options to renew for: ______ months each option

__9_ options to renew for: ___1___ year each option

6. Anticipated Expenditures, Funding Or Compensation For Expected Duration

(Optional) Estimated Value of Procurement (Including Anticipated Renewal Options):$

_____ Contract will have a Maximum Obligation Amount.

____x_ Contract will NOT have a Maximum Obligation Amount, (Rate Contract).

_____ Subject to Quotes by Pre-Qualified List of Contractors.

Will Federal Funds be used to fund and part of Contract(s)?

_x____ NO, _____ YES (If YES, to what extent?)

7. Indicate Contract Performance And Business Specifications:

Bidders must include their rates (per week) in their response.

8. Instructions For Submission of Responses: (Where and How to Submit Responses, Format, Medium and # Copies of Responses)

Written responses required. One (1) copy of Response only. By United States mail or Personal delivery. 8 ½” X 11” format. Send to:

Denice Judecki, Buyer

Business Office

Soldiers’ Home in Holyoke

110 Cherry Street

Holyoke, MA 01040

9. DEADLINE FOR RESPONSES Or Procurement Calendar:

Indicate Deadline Date: June 22, 2015 at 2:00 p.m.

Will a Bidders Conference be offered? __x__ NO ____ YES (Indicate Date, Time and Place):

Will Opportunity for Questions be Offered: ____ NO ____x_ YES (Indicate Deadline Date, Time and Place):

Questions may be addressed to Brother Frank Grimaldi: 413-552-4780

10. REQUIRED ATTACHMENTS/REQUIRED SPECIFICATIONS

It is the responsibility of the Bidder, when responding to this RFR, to submit the following forms. These forms can be accessed through the Commbuys website (OSD Forms). There is a direct link to these forms on page 6 and 7 of this RFR.

Request for Taxpayer Identification Number and Certification

Commonwealth Terms and Conditions

Standard Contract Form and Instructions

Contractor Authorized Signature Verification Form

Northern Ireland Notice and Certification

Affirmative Action Plan Form

Authorization For Electronic Funds Payment Form

RFR - Required Specifications

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

The terms of 801 CMR 21.00: Procurement of Commodities and Services (and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, if applicable) are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 (and 808 CMR 1.00, if applicable). Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR. No electronic responses may be submitted in response to this RFR.

Affirmative Market Program AMP. Massachusetts Executive Order 390 established a policy to promote the award of state contracts in a manner that develops and strengthens Minority and Women Business Enterprises (M/WBEs) and resulted in the Affirmative Market Program in Public Contracting. As a result, M/WBEs are strongly encouraged to submit responses to this RFR, either as prime vendors, subcontractors, joint venture partners or other type of business partnerships.

Non-certified bidders are strongly encouraged to develop creative initiatives to help foster new business relationships with M/WBEs within the primary industries affected by this RFR. In order to satisfy the compliance of this section and encourage bidder’s participation of AMP objectives, the Affirmative Market Program Plan for large procurements greater than $50,000 must be evaluated at 10% or more of the total evaluation. Once an AMP Plan is submitted, negotiated and approved, the agency will then monitor the contractor’s performance, and use actual expenditures with SOMWBA certified contractors to fulfill their own AMP expenditure benchmarks. M/WBE participation must be incorporated into and monitored for all types of procurements regardless of size, however, submission of an AMP Plan is mandated only for large procurements over $50,000.

Agencies may require some or all of the following components as part of the Affirmative Market Program Plan submitted by bidders: Sub-contracting with certified M/WBE firms, Growth and Development activities to increase M/WBE capacity, Ancillary use of certified M/WBE firms, Past Performance or information of past expenditures with certified M/WBEs. Agencies are encouraged to include additional incentives for bidders to commit to at least one certified MBE and WBE in the submission of AMP plans.

A Minority Business Enterprise (MBE), Woman Business Enterprise (WBE), M/Non-Profit, or W/Non-Profit, is defined as such by SOMWBA. All certified businesses are required to submit an up to date copy of their State Office of Minority and Women Business Assistance (SOMWBA) certification letter. The purpose for this certification is to participate in the Commonwealth’s Affirmative Market Program for public contracting. Minority- and Women-Owned firms that are not currently certified but would like to be considered as an M/WBE for the purpose of this RFR should submit their application at least two weeks prior to the RFR closing date. For further information on SOMWBA certification, contact their office at 1-617-727-8692 or via the Internet at mass.gov/somwba.

Affirmative Market Program Subcontracting Policies. Prior approval of the agency is required for any subcontracted service of the contract. Agencies may define required deliverables including, but not limited to, documentation necessary to verify subcontractor commitments and expenditures with Minority- or Women-Owned Business Enterprises (M/WBEs) for the purpose of monitoring and enforcing compliance of subcontracting commitments made in a bidder’s Affirmative Market Program (AMP) Plan. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

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

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

Commbuys. If this RFR has been distributed electronically using the Commbuys system, RFR attachments that are referenced are available either as separate pdf files with this RFR or on the OSD forms page (mass.gov/osd). Bidders are solely responsible for obtaining and completing the required attachments that are identified in this RFR and for checking Comm-PASS for any addenda or modifications that are subsequently made to this RFR or attachments. The Commonwealth and its subdivisions accept no liability and will provide no accommodation to bidders who fail to check for amended RFRs and submit inadequate or incorrect responses. Bidders are advised to check the "last change" field on the summary page of RFRs for which they intend to submit a response to ensure that they have the most recent RFR files. Bidders may not alter (manually or electronically) the RFR language or any RFR component files. Modifications to the body of the RFR, specifications, terms and conditions, or which change the intent of this RFR are prohibited and may disqualify a response.

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

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

Debriefing/Appeals: Debriefing ( Required for POS Only. This is an optional specification for non-POS RFRs. Non-successful bidders may request a debriefing from the department. Department debriefing procedures may be found in the RFR. Non-successful bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments ( Required for POS Only. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD ( Required for POS Only. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the Procurement Policies and Procedures Handbook, subsequent policies and procedures issued by OSD and the specifications of the RFR; or

2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Deputy Purchasing Agent at Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Deputy Purchasing Agent shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Deputy Purchasing Agent shall not prohibit the department from proceeding with executing contracts.

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

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

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

Filing Requirements ( Required for POS Only. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract can be executed and services may begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may also apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD and the appropriate secretariat. However, unless authorized by OSD and the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

Identifiable Health Information: HIPAA and Protected Health Information. Any department subject to the requirements of 45 CFR 160, 162, and 164 (the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) that seeks bidders to perform a function or activity involving the use or disclosure of protected health information, must include a provision in the procurement solicitation document (i.e., RFR) informing bidders of their contractual obligations, if any, that the department will require to comply with HIPAA. For example, if the department seeks a bidder to perform business associate functions, as that term is used in HIPAA, then the department must include in the RFR a sufficient description of business associate obligations including, but not limited to, the bidder's obligation to: adequately safeguard the information (in whatever form it is maintained or used, including verbal communications) from inappropriate or unauthorized use or disclosure; provide individuals access to their records; and strictly limit use and disclosure of the information for only those purposes approved of by the department.

Information Technology. Required for Information Technology contracts. All IT systems and applications developed by, or for Executive Department agencies or operating within the Massachusetts Access to Government Network (MAGNet), must conform with the Enterprise Information Technology Policies, Standards and Procedures promulgated by the Commonwealth’s CIO. Non-conforming IT systems cannot be deployed unless the purchasing agency and their contractor have jointly applied for and received in writing from the Commonwealth’s CIO or his designee, notice that a specified deviation will be permitted. The Enterprise Information Technology Policies, Standards and Procedures, with the exception of the Commonwealth’s Public Access Architecture, is available at mass.gov/itd. The Commonwealth’s Public Access Architecture is available in hard copy from the purchasing agency. Purchasing agencies may also obtain a current copy of the Public Access Architecture, on behalf of their contractor, by contacting the Information Technology Division (ITD) Customer Coordination Group (CCG: 617-626-4600).

Please Note: Given the pace of information technology innovation, purchasing agencies and their contractors are encouraged to contact the Information Technology Division (ITD) Customer Coordination Group (CCG: 617-626-4600) to signal a system or application design and development initiative. Such advance notice helps to ensure conformance with the relevant Enterprise Technology Policies, Standards and Procedures.

Contractor delivery of IT systems and applications that fail to conform to the Commonwealth’s Enterprise Information Technology Policies, Standards and Procedures, absent the Commonwealth CIO’s grant of written permission for a deviation, shall constitute breach of any contract entered as a result of this Request for Response and any subsequent Request for Quotes. The Commonwealth may choose to require the contractor, at his own cost, to re-engineer the non-conforming system for the purpose of bringing it into compliance with Commonwealth Enterprise Information Technology Policies, Standards and Procedures.

Information Technology - Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions. Required for the following object codes (or their successors) within the “Expenditure Classification Handbook” as issued by the Office of the Comptroller (or it successor):

E08 - Telecommunication Services, Voice

EE8 - Telecommunication Services, Data

E09 - Software purchases

H03 - IT consulting & Maintenance

J08 - IT Cabling/installation & maintenance

K01 - IT equipment purchases

L01 - IT TELP

L21 - IT Rental or Lease

L41 - IT Technical Support

Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth incurs to repair, return, replace or seek cover (purchase of comparable substitute commodities and services) under a contract. “Other damages” shall not include damages to the Commonwealth as a result of third party claims, provided, however, that the foregoing in no way limits the Commonwealth’s right of recovery for personal injury or property damages or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join the contractor as a third party defendant. Further, the term “other damages” shall not include, and in no event shall the Contractor be liable for, damages for the Commonwealth’s use of contractor provided products or services, loss of Commonwealth records, or data (or other intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two times the value of the product or service (as defined in the contract scope of work) that is the subject of the claim. Section 11 sets forth the contractor’s entire liability under a contract. Nothing in this section shall limit the

Commonwealth’s ability to negotiate higher limitations of liability in a particular contract, provided that any such limitation must specifically reference Section 11 of the Commonwealth Terms and Conditions.

Northern Ireland Notice and Certification. All bidders must complete the Northern Ireland Notice and Certification form to satisfy M.G.L. c.7 section 22C, which states that no state agency may procure commodities or services from any bidder employing ten (10) or more employees in an office or other facility located in Northern Ireland unless the bidder certifies through the notice and certification form that if it employs ten or more employees in Northern Ireland, a) the bidder does not discriminate in employment, compensation or the terms, conditions and privileges of employment on account of religious or political belief, b) the bidder promotes religious tolerance within the workplace and the eradication of any manifestations of religious and other illegal discrimination and, c) the bidder is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply. The Commonwealth reserves the right to request from the successful bidder(s) initial pricing schedules and periodic updates available under their GSA or other federal pricing contracts. In the absence of proprietary information being part of such contracts, compliance for submission of requested pricing information is expected within 30 days of any request. If the contractor receives a GSA or Veteran’s Administration Supply contract at any time during this contract period, if must notify the Commonwealth contract manager.

Pricing: Price Limitation. The bidder must agree that no other customer of similar size and similar terms and conditions shall receive a lower price for the same commodity and service during the contract period, unless this same lower price is immediately effective for the Commonwealth. The bidder must also agree to provide current or historical pricing offered or negotiated with other governmental or private entities at any time during the contract period upon the request of the contract manager.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Subcontractors are required to meet the same state and federal financial and program reporting requirements and are held to the same state and federal financial and program reporting requirements and held to the same reimbursable cost standards as contractors.

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RFR-Religious Services