RFR_Ropes_Course_Final 9-14~1.pdf

Commonwealth of Massachusetts Department of Youth Services

Request for Response (RFR)

“Ropes” Outdoor Challenge Course Project for DYS Central Region

38 Institute Road, Grafton, MA 01536 MA State Project: DYS FY18-472S13-00

September 14, 2017

Contact Information:

Phillip Davis, Contract Specialist Telephone: 617-960-3337, Fax: 617-951-2409 Email: phillip.w.davis@state.ma.us

Please Note: This is a document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk County holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

Table of Contents

PART I: INTRODUCTION

PROCUREMENT CALENDAR AND CONTACT PERSON

DESCRIPTION AND PURPOSE OF THE PROCUREMENT

ANTICIPATED EXPENDITURES

PART II: SCOPE OF SERVICES TO BE PROVIDED

DESIGN AND INSTALLATION

PART III: EVALUATION CRITERIA

PART IV: CONTRACT REQUIREMENTS

PERFORMANCE BOND

INSURANCE

OSHA

PREVAILING WAGE

SCHEDULE OF VALUES

ALTERNATES

PART V: INSTRUCTIONS FOR SUBMISSION OF RESPONSES

PART VI: STANDARD REQUIREMENTS FOR ALL RFR’S

PART VII: APPENDICES

APPENDIX A: COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT FORMS

APPENDIX B: FORM FOR GENERAL BID

DYS “Ropes” Outdoor Challenge Course Project MA State Project No. DYS-FY18-472S13-00

PART I: INTRODUCTION

PROCUREMENT CALENDAR

RELEASE OF RFR: September 14, 2017

MANDATORY SITE VISIT: Tuesday, September 26, 2017 at 1:30 p.m.

SUBMISSION OF WRITTEN INQUIRIES: September 29, 2017 at 3:00 p.m.

RESPONSE TO WRITTEN INQUIRIES: October 3, 2017 at 3:00 p.m.

REQUEST FOR RESPONSES DUE DATE: October 13, 2017 at 3:00 p.m.

NOTIFICATION TO BIDDERS OF AWARD: October 19, 2017

START DATE OF INITIAL CONTRACT: October 26, 2017

SUBSTANTIAL COMPLETION DATE: June 30, 2018

1. DESCRIPTION AND PURPOSE OF PROCUREMENT:

The Department of Youth Services (DYS) is soliciting proposals for the “Ropes” Outdoor Challenge Course Project for DYS Central Region. The project will replace a similar, existing installation at a new location on the DYS Grafton campus. This is a “Design-Installation” project, with the added option of two three-year maintenance contracts, targeting experienced, qualified firms offering project delivery and procurement services.

Bidders or their SubContractors are expected to provide expert knowledge in the development of outdoor activity curricula utilizing equipment and apparatus consistent with recommendations, built to standards of the Association for Challenge Course Technology (ACCT), and recommendations promulgated by the Professional Ropes Course Association (PRCA) dated September, 2008, or most recent revision. The final scope of work is to include necessary civil engineering and surveying design services to develop schematic documents in order to present a site lay-out plan satisfactory for DYS “Ropes” Outdoor Challenge Course Program objectives, encompassing selection of ropes/challenge course program elements, features and associated safety equipment. The specific project work consists of site preparation and installation of Contractor-furnished, delivered material, components and equipment, erection of new climbing tower(s) enabling a 300-ft long “zip-line” as well as what is commonly referred to as Low and High Ropes activity courses, incorporating 12 to15 challenge obstacles, including commissioning, demonstrating installed equipment operations and staff training.

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)

3. ACQUISITION METHOD TO BE USED FOR CONTRACT:

Outright Purchase

4. SINGLE OR MULTIPLE CONTRACTORS FOR CONTRACT PERFORMANCE:

Single Contractor

PROCUREMENT TEAM LEADER/RFR CONTACT PERSON: Phillip Davis

ADDRESS: 600 Washington Street 4th Floor, Boston, MA.

02111

TELEPHONE #: 617-960-3337

FAX #: 617-951-2409

E-MAIL OR INTERNET ADDRESS: phillip.w.davis@state.ma.us

RFR FILE NAME/TITLE/ NUMBER: DYS-FY18-472S13-00- "Ropes" Outdoor Challenge Course, Grafton, MA

PROCUREMENT MANAGEMENT TEAM(PMT)/CATEGORY: Facility Equipment, Services & Supplies / SERVICES-All Other Not Shown or Combinations

5. SINGLE OR MULTIPLE DEPARTMENTS WHO MAY CONTRACT UNDER THIS RFR:

Single Department

6. TOTAL ANTICIPATED DURATION OF CONTRACT(S):

Eight (8) Months for Design-Installation

Option to Bid on One (1) Three-Year Maintenance Contract with One (1) Option to Renew

7. ANTICIPATED EXPENDITURES:

Estimated Value of Design / Installation Contract: $225,000.00* (*Amount indicated is an approximate value. Such values are subject to selected Bidders’ responses, and may increase or decrease based upon contract negotiation, performance selected, appropriation and availability of funds.)

For the proposed stated value (fixed fee) as a minimum, the contract shall encompass:

Site Survey

Permits

Submittals

Design / Installation Coordination

Site Work – including tree removal and all necessary site preparation and site restoration

Installation and Supervision

Completion (contract closeouts, as-built drawings)

Commissioning

Demonstration

Staff Training

Deliverables

Warranties / One-Year Warranty with Maintenance

O&M Manuals

Certifications

PART II: SCOPE OF SERVICES TO BE PROVIDED

1. BASE BID: DESIGN AND INSTALLATION.

This solicitation requests a “Lump Sum” price for the design, installation, commissioning and training, including at least one year of warranty/maintenance, for the “Ropes” Outdoor Challenge Course Project, in its entirety for DYS Central Region located at 38 Institute Rd., Grafton, MA 01536.

Work associated with this solicitation is defined as all work required by the Contract Documents for the “Ropes” Outdoor Challenge Course

Project, prepared by Gienapp Design Associates, LLC., on behalf of DYS, the Awarding Authority, consisting of:

1. This Request for Response (“RFR”)

2. Specifications (Project Manual)

3. Drawings (Bid Set)

Respondent shall submit a representative diagrammatic project target milestone schedule, consisting of dates projected over the duration of the planned work for:

Site Survey/field Layout, Permits, Submittals

Final Design, and Commence Equipment Procurement

Site-work/Construction Mobilization for Identified Ropes Course Elements

Construction –Installation Completion, Site Restoration, Site Demobilization

Commence Commissioning /Demonstration / Staff Training

Deliverables, Warranties, O & M Manuals, Certifications

The goal of the resulting design is to create a self-directed series of challenges that requires minimal staff interaction and oversight. Although the configuration and its elements have been suggested, the design, flow and function of the elements is at the discretion of the Bidder so long as they comply with current Challenge Course Installation Standards. Creativity and interesting design are encouraged and will be taken into consideration when awarding the contract.

Tree Removal and Stump Grinding – all work associated with site preparation, (including tree clearing, removal and trimming work required to facilitate the planned layout for the various ropes/challenge course program elements), along with the removal and disposal of all wood and debris, as well as site restoration must be included as part of the “Lump Sum” bid price. Woodchips resulting from stump grinding may be distributed, or stockpiled on site as directed by the owner’s designated representative.

2. ALTERNATE NO.1: ON-GOING MAINTENANCE REQUIREMENT

One (1) Three-Year, Renewable Equipment Maintenance, Inspection and Skills Training Refresher Contract.

Each bidder for the “Ropes” Outdoor Challenge Course Project for DYS Central Region, is requested to provide an additional “Lump Sum” price proposal to conduct annual Skill Refresher / Verification and Certification training, and perform annual inspections for a three-year period, with one (1) additional three-year period option to renew.

(Note, this scope of work would commence following the 1-year warranty period for ensuring that all equipment and facilities furnished under the Contract remain operational and safe to use for the application and purpose for which they were intended.) For the stated “Lump Sum” price proposal, the Contractor shall provide prompt emergency site visit service, as warranted. The Contractor shall conduct and perform four (4) comprehensive, scheduled preventive maintenance site visits each year.

Visits shall include cost of performing all necessary labor, supervision, furnishing and installing materials, using the appropriate tools, replacement parts, components, devices, accessories and support services as deemed necessary to maintain all equipment and keep it in good working order and safe operating mode. In the course of each maintenance service visit, the Contractor shall “troubleshoot” the entire installation.

Any sensors or an instrument calibrated by means other than those listed above shall have a calibration label identifying the Contractor, the technician performing the calibration and the date of calibration. At the Awarding Authority’s discretion, the Contractor may be required to provide documentation as to the accuracy of instrument displays.

Any un-used Seasonal / PM / Service Site visit hours shall be “rolled over”, into the following year. Subsequent agreements permitted under this contract shall reflect any such adjustments and modifications prior to expiration of the then current contract agreement, prior to any renewal thereof.

Upon award of the three-year, renewable equipment maintenance, inspection and skills training / refresher service contract the successful Contractor shall provide the following documentation to the Awarding Authority prior to commencement:

One logbook for each unit of equipment to be serviced under this contract. The logbook shall be conspicuously located on the unit. The Contractor shall conduct all research, locate all information and provide all labor and materials as needed to produce a detailed logbook for the specific piece of equipment supplied under the Contract, detailing the required maintenance service needed. The logbook shall, at a minimum, contain the following information:

Customary information includes equipment manufacturer, model, serial No., date of installation, special considerations, and standard replacement service parts, and components.

Name of and contact information for the service provider

Last date of service, name of service technician and company

The date(s) any new part(s) or materials were installed

An O&M service plan, as specified by the manufacturer, for the specific piece of equipment, the tasks to be performed, the frequency and the expected time (due date) needed to perform them.

A list of Awarding Authority liaisons including names, titles and contact information

Except for the use of analytical testing laboratories, and some equipment calibrating entities, the Contractor shall use its own employees, not sub- Contractors, to perform the specified tasks. Additional exceptions may be permitted with prior written approval of the Awarding Authority.

All diagnostic equipment shall be tested and calibrated at least annually. The selected Contractor shall demonstrate that all testing instruments have current, valid calibration documentation. The calibrations shall be performed by companies or government organizations that regularly calibrate testing instruments or by the instrument manufacturer. Evidence is an original document from the calibrating entity.

Contractor shall provide, as a schedule, the customary Seasonal / PM / Service costs for such maintenance services, per visit, and include hourly rates for technicians performing work.

The Contractor shall provide the Awarding Authority two legible copies of the Material Safety Data Sheets prior to bringing on the site any materials required for performing a service task. The Contractor may be required to obtain written approval from the Awarding Authority authorizing the possession and use of all materials. The Contractor shall be fully responsible for the custody (i.e.) handling, storage and safe disposal of all materials, hazardous or otherwise, throughout their tenure at the facility.

The Contractor shall document to the Awarding Authority its policies, procedures and annual employee training activities for utilizing Lock out / Tag out safety devices consistent with the lock-out/tag-out standard (29 CFR 1910.147).

The Contractor shall document to the Awarding Authority its practice in utilizing environmentally preferred products, when available. A list of currently available environmentally preferred products can be obtained through; www.EnviroDirectory.com, http://www.mass.gov/envir/, http://www.usgbc.org/.

The Contractor shall document to the Awarding Authority its policies and procedures for recycling all materials that can be diverted from the general waste stream. Additionally, the Contractor shall provide to the awarding authority a written agreement to follow all applicable federal, state and local laws regarding, but not limited, to the management of oils and refrigerants. The Contractor shall also provide to the Awarding Authority a written agreement stating it will legally dispose of all waste and will not introduce any materials, hazardous or otherwise, into the Awarding Authority’s waste stream.

The Contractor shall, when requested, provide to the Awarding Authority a resume for each employee the Contractor will have on the work site.

The resume shall detail all relevant education, training, related work experience, licenses held and years employed by the Contractor.

Additionally, the Contractor shall provide a written business profile indicating years engaged in equipment service activities, number of employees, number of vehicles in their fleet and evidence that the vendor can provide qualified technicians in the time and quantity necessary to meet the intent of the service contract.

The Contractor shall detail to the Awarding Authority all service activities performed on each unit of equipment at the end of each workday.

Additionally, the Contractor shall put into writing and deliver to the Awarding Authority at the end of each workday any recommendations for improvements, repairs and replacements. This shall be in a form acceptable to the Awarding Authority. Any work beyond the contract scope of work shall require authorization prior commencement of extra work. The Contractor shall return all Awarding Authority owned materials and equipment upon conclusion of each workday, furthermore, a mandatory daily sign in / sign out policy shall be in force at this facility.

PART III: EVALUATION CRITERIA

Experienced, Qualified firms responding to this RFR shall meet the following criteria:

Each employee of the Contractor, or SubContractor, assigned to work on this contract shall have a minimum* of ten (10) years directly related work experience or, combination of Manufacturer / factory training, and 5 or more years directly related experience at the Journeyman level or above.

*Note, Apprentice enrolled in an accredited training program shall not be subject to the minimum work experience requirements.

Firms submitting responses to the RFR shall have been continuously in business for at least ten (10) years, and have direct experience or demonstrate a relationship with a SubContractor with knowledge and experience developing adventure-based curricula, as in Experiential Education, including programming in therapeutic settings for a diverse population, range of ages and physical capabilities in order to achieve and reinforce desirable system-wide objectives (e.g. culture building, retention, fitness, collaboration, leadership, team building, etc.).

Demonstrate capability and capacity to provide experienced, qualified design staff to develop ropes/challenge course program elements, features and associated safety equipment for use by middle and high school aged youth as well as adult DYS staff participants that meet or exceed standards of the Association for Challenge Course Technology (ACCT) and consistent with recommendations promulgated by the Professional Ropes Course Association (PRCA) dated September, 2008, or most recent revision.

Demonstrate capability and capacity to provide experienced, qualified installation staff who implement, supervise and install ropes/challenge course program elements, features and associated safety equipment that meet or exceed standards of the Association for Challenge Course Technology (ACCT) and consistent with recommendations promulgated by the Professional Ropes Course Association (PRCA) dated September, 2008, or most recent revision.

Demonstrate capability and capacity to provide experienced, qualified instruction training staff to provide equipment commissioning, demonstration and operations and safety training of owner-staff that meet or exceed standards of the Association for Challenge Course Technology (ACCT) and consistent with recommendations promulgated by the Professional Ropes Course Association (PRCA) dated September, 2008, or most recent revision.

Demonstrate knowledge and understanding of state and local building codes, compliance with governmental regulatory body requirements, with specific reference here to Commonwealth of Massachusetts Department of Public Safety 520 CMR, Section 5.00, as it pertains to amusement devices, requirements for a License to Operate, as well as needs for regular equipment inspections and maintenance.

Membership in following Industry Organizations: and show active involvement in the following:

o Association for Experiential Education, o Association for Challenge Course Technology (ACCT).

file:///C:/Users/ejdeutsch/AppData/Local/Microsoft/Windows/Capital/pls/oshaweb/owadisp.show_document%3fp_table=STANDARDS&p_id=9804 http://www.envirodirectory.com/ http://www.mass.gov/envir/ http://www.usgbc.org/ o Professional Ropes Course Association (PRCA)

PART IV: CONTRACT REQUIREMENTS:

Risk of Loss, Payment and Performance Bonds, and Insurance: the Commonwealth is self-insured. Therefore, contractors are required to bear the risk of loss for any deliverables, data, or their own materials. The risk of loss may not shift to the Awarding Authority until possession, ownership, and full legal title of the items are transferred to and accepted by the Awarding Authority. Contract prices customarily reflect the contractor’s expenses for providing adequate insurance to cover this risk of loss. Contractors must post a payment bond in an amount that is not less than 50 percent of the total contract price. (Often public owners use their discretion and require a 100 percent payment bond and performance bond.)

A: PAYMENT and PERFORMANCE BOND The Contractor shall provide a payment bond, in the event of a breach or default of the contract, equal to 50% of the contract value in the form provided by the Awarding Authority, executed by a surety licensed by the Commonwealth of Massachusetts Division of Insurance. The basis for such bond shall be in the amount of the Contract Price. Performance bond is not a requirement of this solicitation.

If at any time prior to final payment to the Contractor, the Surety:

-is adjudged bankrupt or has made a general assignment for the benefit of its creditors;

-has liquidated all assets and/or has made a general assignment for the benefit of its creditors;

-is placed in receivership;

-otherwise petitions a state or federal court for protection from its creditors; or

-allows its license to do business in Massachusetts to lapse or be revoked;

then the Contractor shall, within 21 days of any such action listed above, provide the Awarding Authority with a new payment bonds as described in Paragraph A above. Such bonds shall be provided solely at the Contractor's expense.

B: INSURANCE. The Contractor shall purchase and maintain insurance of the type and limits listed in this Article.

General Liability:

Bodily Injury & $1,000,000 each occurrence

Property Damage $2,000,000 general aggregate per project

Products & Completed Operations $1,000,000 annual aggregate Personal & Advertising Injury

Medical Expenses $5,000

This policy shall include coverage relating to explosion, collapse, and underground property damage, contractual liability coverage and include the Awarding Authority, the Owner and anyone else requested by the Awarding Authority as an additional insured.

This policy shall be primary and non-contributory with respect to any other insurance available to additional insureds. The policy shall include a Waiver of Subrogation in favor of the Awarding Authority and Owner.

Automobile Liability:

Bodily Injury & Property Damage $1,000,000 combined single limit The policy shall name the Awarding Authority and Owner as additional insureds. The policy shall contain a Waiver of Subrogation in favor of the

Awarding Authority and Owner.

Worker's Compensation.

Worker's Compensation Statutory limits

Employer's Liability $ 500,000 each accident

$ 500,000 disease per employee

$ 500,000 disease policy aggregate

The policy shall contain a Waiver of Subrogation in favor of the Awarding Authority and Owner.

Umbrella Coverage.

Contract Price: Limit of Liability:

Under $1,000,000 $2,000,000 per occurrence $1,000,001 -- $5,000,000 $5,000,000 per occurrence $5,000,001-- $10,000,000 $10,000,000 per occurrence

$10,000,001 and over $25,000,000 per occurrence

C: OSHA. Each employee assigned to the work site shall have minimum of 10 hours of Occupational Safety Hazard Administration (OSHA) work place safety training. Chapter 306 of the Massachusetts Acts of 2004 requires that everyone employed at the job-site complete a minimum 10-hour long course in construction safety and health approved by the U.S. Occupational Safety and Health Administration (OSHA) prior to working at the job-site. Compliance is required of Contractors’ and sub-Contractors’ on-site employees at all levels whether stationed in a trailer or working in the field. This requirement does not apply to home-office employees visiting the site or to suppliers’ employees who are making deliveries.

D: PREVAILING WAGE. The prevailing wage schedule is found in Exhibit A to the Instructions to Bidders, listing the prevailing minimum wage rates that must be paid to all workers employed in the Work. The Awarding Authority is not responsible for any errors, omissions, or misprints in the said schedule. Such

Schedule shall continue to be the minimum rate wages payable to workers employed in the Work throughout the term of this Contract, subject to the exceptions provided in M.G.L c.149, s. 26-27H. The Contractor shall not have any claim for extra compensation from the Owner if the actual wages paid to workers employed in the Work exceeds the rates listed on the schedule or as otherwise provided by law. The Contractor shall cause a copy of said Schedule to be kept in a conspicuous place at the Site during the term of the Contract. If reserve police officers are employed by the Contractor, they shall be paid the prevailing wage of regular police officers. Prevailing wage schedules require annual updates to for all public construction projects lasting longer than one year. The Contractor is required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The Contractor and all Subcontractors are required to anticipate such annual updated prevailing wage schedules and neither the Contractor nor any Subcontractors shall be entitled to claim additional compensation for base contract work due to updated prevailing wage schedules.

E: SCHEDULE OF VALUES. Before the first application for payment the Contractor shall submit to the Designer and the Awarding Authority a schedule of values allocated to various portions of the Work in sufficient detail to reflect the various major components of each trade (with filed SubContractors as well as MBE/WBE noted), including quantities when requested, aggregating the total Contract Price and divided so as to facilitate payments for work under each section of the Specifications. The schedule shall be prepared in such form and supported by such data to substantiate its accuracy as the Designer or the Awarding Authority may require. Each item in the schedule shall include its proper share of overhead and profit.

When approved by the Designer and the Awarding Authority, it shall constitute the Schedule of Values and shall be used only as a basis for the Contractor's requests for payments.

F: ALTERNATES. “Alternates" are alternative products, materials, equipment, systems, services, methods, units of work or major elements of the construction, which may, at the Awarding Authority’s option and under the terms established by the Contract or Agreement, be selected for the work in lieu of the corresponding requirements of the Contract Documents.

Alternate Requirements: Each alternate is defined using abbreviated language, recognizing that the Contract Documents define the requirements.

Coordinate related work to ensure that work affected by each alternate is complete and properly interfaced with work of each selected alternate.

Provide written proposals for each alternate on the Form for General Bidder for the Awarding Authority’s consideration. Each proposal amount shall include the entire cost of the alternate portion of the work including overhead, profit, taxes, insurance, and other costs including cost of interfacing and coordinating the alternate with related and adjacent work.

Selection of Alternates: Selection of alternates to be included in the work will be by the Awarding Authority. Alternates must be taken in order.

The first alternate before the second alternate, etc.

Notification: Prepare and distribute to each entity a notification of status of each alternate. Indicate which alternates have been accepted or rejected, or when such decision is anticipated.

PART V: INSTRUCTIONS FOR SUBMISSION OF RESPONSES

Effective July 1, 2014, all procurements, solicitations or bids, also referred to as Requests for Responses / Proposals (RFP’s/ RFR’s) posted on COMMBUYS, require Bidders to submit electronic responses, known as Quotes. To submit an electronic Quote, Respondents must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@state.ma.us. The RFR and the associated Contract Documents may be accessed and down-loaded from COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com.

Proposer’s base contract bid price shall be presented in the Form for General Bid, providing numeric and written value in the spaces designated.

Alternate 1 pricing shall also be presented on this form in the same manner. The Form for General Bid shall be properly completed, signed and dated by the representative of the Proposer’s entity so authorized.

PART VII: STANDARD REQUIREMENTS FOR ALL RFR’s

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions for Human and Social Services (also referred to as Purchase of Service). 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, 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. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, and all cost proposals or figures in U.S. currency. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and any Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

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

It is each Bidder’s responsibility to check COMMBUYS for:

mailto:commbuys@state.ma.us http://www.commbuys.com/ http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/glossary-of-terms.html

Any amendments, addenda or modifications to this Bid, and

Any Bid Q&A records related to this Bid.

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

COMMBUYS Registration. In order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; and (2) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

The COMMBUYS system introduces new terminology, which bidders must be familiar with in order to conduct business with the Commonwealth.

To view this terminology and to learn more about the COMMBUYS system, please visit the COMMBUYS Resource Center.

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

Quote Content. Bid specifications prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). The Supplier Diversity Program was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified M/WBEs and SDVOBEs, because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

In support of both Executive Orders, the state tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement (bid) will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division (OSD) eFiling site. Providers that file an UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department is commonly referred to as the Principal Purchasing Agency (PPA).

Resources available to assist providers in identifying SDP Certified Partners include:

Potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found on the Supplier Diversity Program webpage (www.mass.gov/sdp). For a complete list of certified vendors refer to:

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx Resources available to assist providers in finding potential Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) partners can be found on the Supplier Diversity Office Webpage (www.mass.gov/sdo). The Operational Services Division offers SDP trainings for providers. Resources and a webinar to assist bidders can be found at: Supplier Diversity Plan Policy Resources for Purchase of Service

Best Value Selection and Negotiation. The Procurement Management Team or PMT (also known as Strategic Sourcing Team or SST) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. If services are not rate regulated, 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 a more cost effective or better value.

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

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation or the number of units purchased 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 need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, wil l 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. POS requirement only. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS 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. POS requirement 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. POS requirement only. Non-successful bidders who participate in the department appeal http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/quick-click-resource-center.html http://www.mass.gov/courts/docs/lawlib/eo500-599/eo524.pdf http://www.mass.gov/courts/docs/lawlib/eo500-599/eo546.pdf http://www.mass.gov/sdp http://www.mass.gov/sdp file://///EHS-fp-bos-001/common/Administrative%20Services-POS%20Policy%20Office/Policy%20and%20Procurement/Policy/OSC_OSD/Supplier%20Diversity/To%20Departments/www.mass.gov/sdp https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx http://www.mass.gov/sdo http://www.mass.gov/sdo http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/procurement-prog-and-serv/sdo/sdp/policy-resources-for-purchase-of-service.html 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 policies in the OSD Procurement Information Center, 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 Operational Services Division, Legal, Policy and Compliance Office, 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 Operational Services Division 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 Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded Contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT 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 PMT to be lost or rejected by any means including email or spam filtering.

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

Filing Requirements. 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 or the appropriate secretariat. However, unless authorized by OSD, or the appropriate secretariat, the Contractor will not be paid for any such services rendered until the UFR has been filed.

Minimum Quote (Bid Response) Duration. Bidders’ Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L.,

c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Restriction on the Use of the Commonwealth Seal, or Departmental variations thereof. Bidders and Contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

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. Human and social service subContractors are also required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as Contractors.

CORI Checks: In order to ensure that employees or other persons regularly providing client or support services in any program of an EOHHS Department or in vendor agency programs funded by an EOHHS Department are appropriate for serving in their positions, a Criminal Offender Record Information (CORI) check shall be performed on candidates for positions in such programs or facilities, in accordance with 101 CMR 15.00 (EOHHS regulations governing Criminal Offender Record Checks). These regulations establish a core standardized policy regarding the review of criminal records for employment. It is the policy of EOHHS that an individual’s background including any CORI and other relevant information be carefully considered so that the vulnerable populations served by EOHHS are protected. It is also the policy of EOHHS that qualified rehabilitated offenders are given a fair opportunity to be employed and successfully reintegrated into the workforce. In addition, as provided in 101 CMR 15.09(5), the hiring authority must comply with the requirements of the Division of Criminal Justice Information Services (formerly the CHSB) governing CORI at 803 CMR 2.00 et seq.

Debarment: The Contractor assures that the Contractor and any of its subContractors are not currently debarred or suspended by the federal or state government under any law or regulation including, Executive Order 147; G.L. c. 29, s. 29F and G.L. c. 152, s. 25C; and agrees to notify the Department in the event that the Contractor or any of its subContractors become debarred or suspended.

Funds Balance Forward for Capital, Trust and Federal Accounts: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

Notice about Method of Payment- The Department reserves the right to change the method of payment during the life of the contract.

Workplace Violence and Prevention and Crisis Response Plan http://www.mass.gov/legis/laws/mgl/gl-29-toc.htm http://www.mass.gov/legis/laws/mgl/gl-152-toc.htm

101 CMR 19.00, Workplace Violence and Prevention and Crisis Response Plan, governs the procedures and criteria for workplace violence and prevention and response plans for programs that provide direct services to clients that are operated, licensed, certified or funded by a department, commission, office, board, division, institution or other entity within the Executive Office of Health and Human Services under M.G.L. c.6A § 16.

Any direct service program that contracts with the Executive Office of Health and Human Services (EOHHS) or the constituent agencies of EOHHS must comply with 101 CMR 19.00, including having a plan that meets the criteria set forth in 101 CMR 19.04 which is updated annually, available electronically and provided to any human service worker upon request. The regulations and response plan guidelines are available at the following website: http://www.mass.gov/eohhs

All forms are required and are included in Appendix A. The underlined forms are also available at the Operational Services Division (OSD) website @www.mass.gov/osd.com

Names of Standard Forms Instructions

Prompt Payment Discount Form Complete electronically and submit as an attachment to Quote.

Commonwealth Terms & Conditions Read and agree. Sign and submit original with wet signature upon Award, if any.

Contractor Authorized Signatory Listing Read and agree. Sign and submit original with wet signature upon Award, if any.

Authorization for Electronic Funds Transfer Read and agree. Sign and submit original with wet signature upon Award, if any.

Request for Taxpayer Identification Number and Certification (W-9) Read and agree. Sign and submit original with wet signature upon Award, if any.

Standard Contract Form and Instructions Read and agree. Sign and submit original with wet signature upon Award, if any.

Certificate of Tax Compliance Read and agree. Sign and submit original with wet signature upon Award, if any.

Certificate of Non-Collusion Read and agree. Sign and submit original with wet signature upon Award, if any.

Cori Check Read and agree. Sign and submit original with wet signature upon Award, if any. Attach clear copy of government identification with photograph such as driver’s license or passport.

If the Bidder has already executed and filed the Commonwealth Terms and Conditions, and the Verification of Taxation Reporting Information (W-9 form), please indicate this in your Response.

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.

http://www.mass.gov/eohhs/searchresults.html?output=xml_no_dtd&client=mg_eohhs&proxystylesheet=massgov&getfields=*&ie=UTF-8&oe=UTF-8&tlen=215&sitefolder=eohhs&filter=0&requiredfields=&startsite=EOHHSx&q=101+CMR+19.00%3A+Workplace+Violence+Prevention+and+Crisis+Response+Plan+&site=EOHHSx&x=31&y=21 http://www.mass.gov/osc/docs/forms/accounts-payable/prompt-pay-frm.doc http://www.mass.gov/osc/docs/forms/contracts/comm-termsconditions.doc http://www.mass.gov/osc/docs/forms/contracts/casl-form.rtf https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp http://www.mass.gov/osc/docs/forms/vendorcustomer/newmass-w9.doc http://www.mass.gov/osc/docs/forms/contracts/standard-contract-frm.doc

APPENDIX A: COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT FORMS

Prompt Payment Discount Form Commonwealth Terms and Conditions Contractor Authorized Signatory Listing Application for Electronic Funds Transfer Request for Taxpayer Identification and Certification (W-9) Standard Contract Form and Instructions Certificate of Tax Compliance Certificate of Non-Collusion CORI Check

APPENDIX B: FORM FOR GENERAL BID