RFR_SP26-Crime Lab Temp-L01_Final_PDF.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

DEPARTMENT OF STATE POLICE

470 WORCESTER ROAD

FRAMINGHAM, MA 01702

Request for Response (RFR)

Document Title: Crime Lab Temperature & Humidity Monitoring Services

COMMBUYS Bid: BD-26-1084-POLCL-FIMAY-126606

Agency Document Number SP26-Crime Lab Temp-L01

March 17, 2026

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on 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

1 RFR Introduction of Procurement Scope and Description …………………………………. 1

1.1 Small Business Purchasing Program………………………………………………

1.2 Applicable Procurement Law ………………………………………………………

1.3 Acquisition Method ………………………………………………………………………………………… 2

1.4 Whether Single or Multiple Contractors are Required for this Contract …………… 3

1.5 Entities Eligible to Use the Resulting Contract …………………………………………………... 3

1.6 Expected Duration of Contract ………………………………………………………………………… 3

1.7 Anticipated Expenditures, Funding or Compensation ………………………………………... 3

1.8 Basis for estimated dollar value for this Contract ……………………………………………… 3

1.9 Basis for estimated number of units for this Contract ………………………………………. 4

2 Estimated Procurement Calendar ……………………………………………………………………. 4

2.1 Written questions via the Bid Q&A on COMMBUYS …………………………………………. 6

2.2 Locating Bid Q&A ……………………………………………………………………... ………………….. 7

2.3 Amendment Deadline …………………………………………………………………………………… 7

3 Specifications …………………………………………………………………………………………………. 7

4 Other Terms ……………………………………………………………………………………………

4.1 Contractors Terms & Conditions …………………………………………………

4.2 Reporting ………………………………………………………………………………………………

4.3 Contract Management ……………………………………………………………………………………. 12

4.4 Change Notification ………………………………………………………………………………………. 13

4.5 Invoices and Payments ……………………………………………………………… ………………….. 13

4.6 Contract Amendments …………………………………………………………………………………… 14

4.7 Contract Renewals …………………………………………………………………………………………. 14

4.8 Performance Measures…………………………………………………….……………………. ……… 15

4.9 Insurance…………………………………………………………………………………………………………. 15

4.10 Contract Termination for Convenience …………………………………………

4.11 Contract Termination for Cause ……………………………………………………………………. 16

4.12 Audit ……………………………………………………………………………………………………………… 16

4.13 Eliminating Single Use Plastic Bottles……………………………………………………………. 16

4.14 Security and Confidentiality ………………………………………………………………………... 16

4.15 Emergency and Response & Preparedness…………………………………………………… 17

5 Evaluation Criteria ………………………………………………………………………………………… 17

6 Instructions for Submission of Responses ……………………………………………………. 20

6.1 Required Forms ………………………………………………………………………... ………………… 21

7 Appendix 1 – Required Terms for All RFRs …………………………………………………

8 Appendix 2 – RFR Required Specs …………………………………………………………………. 24

9 Appendix 3 – Instructions for Execution and Submission of Commonwealth Standard Forms ……………………………………………………………………. 33

10 Appendix 4 - Other Department of State Police Specifications………………………... 36

11 Appendix 5 – Glossary ………………………………………………………………………………

12. Appendix 6 – How to Submit a Proposal and Quote in COMMBUYS………………. 40

REQUEST FOR RESPONSE

Temperature & Humidity Monitoring Services

RFR #SP26-Crime Lab Temp-L01 COMMBUYS Bid #BD-26-1084-POLCL-FIMAY-126606

1 RFR INTRODUCTION OF PROCUREMENT SCOPE AND DESCRIPTION

The Massachusetts State Police Forensic Services Division is interested in qualified bidders that can provide a wireless and computer-based temperature and humidity monitoring system for multiple Crime Laboratory locations. The Massachusetts State Police Crime Laboratory (MSPCL) has a responsibility to monitor, control, and record environmental conditions where they can influence the validity of results.

The MSPCL must retain records of environmental conditions in evidence storage areas as well as additional storage locations including but not limited to laboratory spaces, reagent/chemical storage areas, and other temperature-sensitive areas. These locations include walk-in refrigerators and cold rooms, freezers, refrigerators, and various ambient temperature rooms. Some of these locations have additional challenges such as concrete masonry unit walls, excessive shielding, radio-frequency interference, or other physical impediments.

MSPCL currently encompasses nine locations. These laboratories are located throughout Massachusetts in the following towns: Bourne, Danvers, Lakeville, Maynard, Milford, Roxbury, Springfield, Sudbury, and Worcester. The MSPCL will focus on implementing a wireless and computer-based temperature and humidity monitoring system in the three locations that currently have vendor-supported temperature monitoring, which are Maynard, Springfield, and Milford, with a plan to eventually expand the service to all 9 locations. A new MSPCL facility is expected to be completed in 2028, which will consolidate the Maynard and Sudbury facilities together in a new location.

Bids must be submitted through the COMMBUYS system.

Electronic Quote Submission Instructions

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

1.1 Small Business Purchasing Program

(Defined as procurements with an annual value equal to or less than $250,000)

This is a Small Procurement targeted at verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submit a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

1.2 Applicable Procurement Law

Check Appropriate

Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

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

21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801

CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22;

and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815

CMR 2.00

1.3 Acquisition Method:

Check All Applicable (“X”): Category

Fee-For-Service

Outright purchase/service. This is a rate contract.

1.4 Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single or Multiple Contractors

Multiple Contractors

a. Estimated Number of Awards

The intent of this RFR is to establish a single contractor for the Massachusetts State Police, however multiple awards may be made if it is in the best interest of the Department to do so.

b. Adding Contractors after initial Contract Award

This is a Rolling Enrollment Contract. Under the rolling enrollment process, the RFR remains open, allowing bidders to submit quotes in www.commbuys.com. However, the Department will not accept new bids that are received less than 6 months from the maximum end date of the solicitation. All contracts resulting from this RFR will expire simultaneously. The Department makes no guarantee that any commodities or services will be purchased from any contract resulting from this RFR.

http://www.mass.gov/sbpp

1.5 Entities Eligible to Use the Resulting Contract

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

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

Contract Duration

Number of Options Number of

Years/Months

Initial

Up to 2 years

Renewal Options

Three (3) options to renew

Up to 2 years, each option

Total Maximum Contract

8 years

All services or other agreements entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than six (6) months beyond the final termination date of this Contract. No new services may be executed after the Contract has expired.

1.7 Anticipated Expenditures, Funding or Compensation:

Expenditures are estimated at approximately $12,268 per year over the life of the contract. The cost fluctuates every other year because of calibrations on the sensors. Estimate was derived by taking the average of 2 years and then adding 25%. This is an estimate only and is for informational purposes only.

If additional funds become available during the contract duration period, the department reserves the right to increase the contract executed as a result of this RFR, subject to available funding, satisfactory contract performance and service or commodity needed. Expansion may include other MSP sites not specifically listed.

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

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

In FY25, contract spending equaled approximately $5,720. In FY24, contract spending equaled approximately $15,213.

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

This Request for Response is being procured in compliance with the World Trade Organization (WTO) for procurements in which the value over the entire duration of the procurement, including options to renew, may exceed $498,000.

A WTO announcement for this bid/RFR was posted to www.commbuys.com on (January 23, 2026, as

BD-26-1084-POLCL-FIMAY-124703).

1.9 Basis for estimated number of units for this Contract (including all options to renew)

The estimated units for this bid are based on estimated past spending but are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

WTO posted on COMMBUYS Posted to COMMBUYS on 1/23/26 as

BD-26-1084POLCL-FIMAY-124703

Bid Release Date March 17, 2026

Bidder’s Conference and Site Visit (Estimated / If required)

TBA if held

Deadline for Submission of Bidder Questions through COMMBUYS “Bid Q&A”

April 7, 2026, by 3:00PM EST

Official Answers for Bid Q&A published (Estimated)

On or around April 14, 2026

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

April 22, 2026, at 3:00PM EST

Oral Presentations from Selected Bidder(s) (Estimated)

TBA. Estimated April/May 2026.

Bidders will be contacted to be scheduled

Bid Evaluations April/May, 2026

Issue Best and Final Offer (“BAFO”) (If required) (Estimated)

May 2026

Notification of Apparent Successful Bidder(s) (Estimated)

May 2026

Estimated Contract Start Date Initial contract(s): May 2026

*Rolling Enrollment bids: On an ongoing basis thereafter.

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.

Point of Contact:

All formal communication during the bidding period shall be only through the designated point of contact and all submissions shall be via COMMBUYS.

The prime point of contact for this solicitation during the bidding period shall be:

Brian J. Kearnan Director of Contract Services

Brian.J.Kearnan@pol.state.ma.us

• Bidders Pre-Bid Conference (in-person or virtually held):

The SST may elect to hold a Pre-Bid Bidders’ Conference. This conference could be in person or held virtually through Microsoft TEAMS or Zoom Conference. A Pre-bid Bidders Conference, if held, is a conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. If held, to attend the Bidders’ Conference, Bid Intent Forms must be submitted to Brian J. Kearnan by email to Brian.J.Kearnan@pol.state.ma.us. If held, an announcement will be posted to COMMBUYS along with the Bid Intent Form to download, complete, and return.

• Site Visit to the MSP Crime Lab in Maynard, MA:

The SST may elect to hold a Site Visit to the State Police Crime Lab located at 124 Acton Street Maynard, MA 01754 so that interested bidders can view and tour one of the facilities and have specific questions addressed. A site visit, if held, may be combined with a Pre-Bid Bidders’ Conference. If held, to attend the Site Visit, Bid Intent Forms must be submitted to Brian J. Kearnan by email to Brian.J.Kearnan@pol.state.ma.us. If held, an announcement will be posted to COMMBUYS along with the Bid Intent Form to download, complete, and return.

• Oral Presentations/Product Demonstrations (in-person or virtually held):

mailto:Brian.J.Kearnan@pol.state.ma.us

If requested, bidders may be required to provide the SST with an oral presentation of their proposal.

Selected Bidders who are asked to participate in oral presentations will be expected to prioritize this in their schedules. It is the preference of the SST that oral presentations be conducted by the bidders in-person, although the SST may elect to hold these meetings virtually through Microsoft TEAMS or Zoom Conference. 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 oral presentation may result in disqualification, reduction of points or other action that the SST deems appropriate. If required, the Department will contact bidders to schedule.

2.1 Written questions via the Bid Q&A on COMMBUYS

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

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

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

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

The Department of State Police reserves the option to answer all written questions simultaneously by posting a “Bidder Question and Answer” word document as an RFR attachment posted on the solicitation page on www.commbuys.com.

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

2.2 Locating Bid Q&A

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

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, AND ANY BID Q&A RECORDS RELATED TO THIS BID. THE SST AND THE COMMONWEALTH ACCEPTS NO RESPONSIBILITY AND WILL PROVIDE no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

3 SPECIFICATIONS

Executive Summary: (Bidder Response Required)

Bidder must include a brief Executive Summary highlighting the main points of their response.

Bidder Qualifications / Company Profile: (Bidder Response Required)

Bidders must be established companies with proven experience and expertise. Bidders are to provide a company profile and include a description of all relevant experience related to the scope of service in this RFR.

Company Profile - Bidders shall include company history, listing all relevant experience. Please include number of years in business, and number of years in the industry. Bidders shall include a description of all other areas of business, and the address of their corporate headquarters and local office. An organizational chart, which includes the identification of all Directors and Principals, shall be included.

Qualifications - Bidders shall submit a written statement outlining the bidder’s qualifications and experience related to the scope of this RFR. Please provide information concerning any current or previous contracts in which similar services are/were provided. Please indicate any services your company provides to any public service, criminal justice, or law enforcement agency. Please provide any information regarding outstanding litigation relating to any contract services and include a list of past litigation and its outcome.

Specifications: (Bidder Response Required to Items 1-23 below)

The Massachusetts State Police Forensic Services Division is interested in qualified bidders that can provide a wireless and computer-based, temperature and humidity monitoring system for our facilities located at:

• 124 Acton Street, Maynard, MA 01754

• 50 Maple Street, Milford, MA 01757

• 59 Horse Pond Road, Sudbury, MA 01776

• 190 Carando Drive, Springfield, MA 01104

• 458 Maple Street, Danvers, MA 01923

• 30 Riverside Drive, Lakeville, MA 02347

• Bourne Rotary, Route 28, Bourne, MA 02532

• 150 Goddard Memorial Drive, Worcester, MA 01603

• 21-27 Batchelder Street, Roxbury, MA 02119

• Any additional future locations within the Commonwealth of Massachusetts

1) The intent of this RFR is to procure services that are not currently available on state-wide contracts.

2) Bidder must be able to provide NIST traceable sensors. These sensors must be uniquely identified by a serial number or by another means. The sensors must be NIST calibrated prior to delivery or upon installation.

3) Bidder should offer maintenance, unit, and extended warranty costs on purchased equipment.

Please denote cost(s) in “Fiscal Terms/Pricing” section below.

4) Bidders must provide for all their own travel expenses. Bidders must provide for all their own travel expenses or clearly delineate when they will charge for travel.

5) Bidder must provide technical support by phone, internet or in person within twenty-four hours of initial notification.

6) Bidder must provide initial training on how to use the system during installation, and in the future on an as needed basis.

7) Sensors must be able to record readings at specified intervals throughout a 24-hour period. Each sensor must be able to have a unique temperature range specified, outside of which an alarm will trigger. Sensors must be able to record temperatures (or humidity and temperatures) twenty-four hours a day (in user defined recording intervals, such as every 15 minutes), seven days a week and will send out alerts when out of designated ranges.

8) Bidder must provide remote alarming as part of the temperature and humidity monitoring system. All individual units shall have the ability to alarm when the temperature and humidity levels are not within the specified set range.

9) The software should allow users to address remote alarm events by silencing and turning alarming on and off remotely. It is desirable to be notified in various ways such as phone call, text message, and email. The temperature and humidity monitoring system must be a wireless, computer-based system. The bidder must be able to continually provide computer software upgrades to the system at no cost to the Commonwealth.

The system should be user friendly and grant access to multiple users at one time. The computer software must be able to generate reports and graphs of the temperature and humidity monitoring data from each measuring device, in varying intervals such as daily, week, monthly and yearly. A preferred bidder should offer customization of the reports and data at no cost to the Commonwealth.

The ability for the end user to make updates to locations/ names, temperature range settings, temperature recording settings, and other aspects of the system is highly desirable.

10) The temperature and humidity monitoring system must be able to monitor the temperatures within individual units over a wide range of temperatures, for example; refrigerators (2 to 8C), freezers (-15 to -25C), and sub-freezers (-60 to -85C), over a period of twenty-four hours. The system must also be able to monitor the temperature and humidity of room-temperature laboratories and storage vaults over a period of twenty-four hours.

Sensors should be interchangeable to display/record in both Fahrenheit and Celsius. Sensors for room-temperature locations ideally should be able to record both temperature and humidity with a single device.

11) All temperature and humidity data is to be stored in perpetuity.

The MSPCL should have the ability to run their own reports for historical data. If data is not able to be run by the end user, the Bidder must be able to provide such reports within 24 hours of the MSPCL’s request.

12) The MSPCL must be able to purchase additional temperature and/or humidity sensors after the initial purchase. Bidders shall offer pricing for additional calibrated sensors after the initial purchase.

13) Bidder must be able to provide calibration service to calibrate the temperature and humidity sensors every two years. Alternately, the bidder may offer replacement NIST traceable sensors for purchase at incremental intervals.

In instances of failed temperature and/or humidity calibration, bidder must have replacement

NIST traceable sensors available for immediate installation and deployment to prevent any lapse in monitoring.

14) Any sensors that are found to be not working properly within the first two years of deployment will be immediately replaced at no cost to the MSPCL.

15) Bidder should demonstrate continued improvement in their product line. Bid responses should clearly explain how the bidder will comply.

16) Bid responses must be made through COMMBUYS by an authorized representative. Additional sheets may be uploaded as needed.

17) Bidder must provide three references. At least one reference must be a current customer accounts for similar services at a facility providing Forensic services. References must be documented on the reference form provided. Bidder may not use Massachusetts State Police employees as a reference.

18) This contract may be awarded up to a two-year (2) period for an initial duration. This contract also includes three (3) options to renew for up to two (2) years each option. (Total up to eight

(8) years maximum at the discretion of the State Police).

19) It is expected that a new Contractor and the incumbent Contractor shall work together to ensure a seamless transition of services. A newly awarded Contractor must cooperate fully with the incumbent Contractor to facilitate an orderly transition to any new service. Bidders should include a detailed Transition Plan as part of their response clearly explaining how the bidder will comply.

20) Bidders shall include a detailed contract Implementation Plan, further breaking down the project scope, defining steps, and outlining all key milestones related to contract start up activities.

21) Bidder should note that all the above requirements must be addressed and will be considered in the award of this RFR.

22) In response to this RFR, Bidders are encouraged to offer prompt payment discounts (see prompt payment form) for early payment of their invoices. Discounts may be considered when evaluating responsive bids to determine which bids are considered best value for purposes of making contract awards.

23) Price quotes become fixed upon award of the contract for initial duration of the contract, unless a lower price or negotiated price is agreed upon or until accepted by the procurement management team.

**EPP promotes the purchase and use of environmentally preferable commodities and services throughout the State and local Commonwealth departments. 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 (EPP’s) 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.

3.1 Fiscal Terms/ Pricing (Bidder Response Required)

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department. Bidders must return Attachment A- Price Sheet with the bid response.

All work shall be guaranteed by the awarded bidder.

The acquisition methods to acquire goods and/or services from this procurement may be outright purchase and/or fee-for service.

The Department requires that the awarded Contractor operate a Contract pursuant to a fiscal structure which shall achieve fiscal transparency, with full reporting and accountability to the

MSP.

The achievement of fiscal transparency requires that responding bidders to this RFR fully explain the pricing structure for the required products and services, and whether charges are issued according to a unit rate (e.g., per item, per hour, day, week, per deliverable, or per service), or an all-inclusive price, or a project-based compensation schedule, or by some other pricing method. Pricing information and considerations should be provided in a straightforward and concise manner.

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

Travel Charges, Shipping or Freight or Delivery or Handling or Fuel Charges, etc.

The achievement of fiscal transparency requires that bidders clearly itemize and quote these charges. Bidders must provide for all their own travel expenses or clearly delineate when they will charge for travel. Final charges for any of the above are subject to negotiation and will be mutually agreed upon by both parties prior to the contract start date. Agreed upon charges must be clearly itemized on invoices.

3.2 Buy American Act

If federal funding is used for this contract and if the Buy American Act applies, bidders should explain how compliance is achieved. Please see link below for the 41 USC Ch. 83 BUY

AMERICAN ACT:

https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=preli m

“Allowable materials.—Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the department or independent establishment concerned determines their acquisition to be inconsistent with the public interest or their cost to be unreasonable.”

4 OTHER TERMS

4.1 Contractors 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.

4.2 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.

4.3 Contract Management

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 regarding 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 https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim

MSP will designate the Contractor Monitor(s) who will work with the Contractor regarding day-to-day operational matters. The Contract Monitor is the lead Project Manager for the

MSP.

Contract Manager: Contract Monitor:

Brian Kearnan To Be Announced (TBA)

(508) 820-2127

4.4 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.

4.5 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 and date of invoice and date of delivery

• Name of Department contact person

• Prompt payment discount terms

• Valid Department of State Police 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 Pay Discounts

Contractors are required to offer prompt pay 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 from 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.

4.6 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.

4.7 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.

4.8 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.

4.9 Insurance

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L.c.258 (which has the same effect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L.c.29,§30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own.

The Bidder(s) awarded contracts pursuant to this RFR must have sufficient insurance coverage and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company which may include but is not limited to: Commercial General Liability Insurance, Automobile Liability Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Professional Liability Insurance. Prior to beginning work pursuant to this RFR with a Subcontractor, the Contractor must provide the Department with certified copies of each Subcontractor’s insurance policies, which must meet the same insurance coverage levels for Contractors as required under this RFR. Any policy limits set in this RFR shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Certificates of Insurance Bidders must provide copies of all certificates of insurance with their response. Thereafter, Bidders must provide copies of all certificates of insurance on an annual basis.

4.10 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of State Police may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/29-31.htm agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of State Police to Contractor have not already done

so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of State Police to the Contractor, the Department of State Police shall have no further obligation to Contractor. The Department of State Police shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

4.11 Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the contract.

4.12 Audit

During the term of this Agreement and for a period of six years thereafter, MSP, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged MSP, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

4.13 Eliminating Single-Use Plastic Bottles

Pursuant to the requirements of Executive Order 619: Eliminating the Purchase by the Executive Department of Single-Use Plastic Bottles, Contractor will not supply under this contract any beverage in a sealed rigid plastic bottle having a capacity of 21 fluid ounces or less unless no available or practicable alternative that meets the specifications of this contract, or any purchase order made under the contract, exists.

4.14 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 or employees while 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 Commonwealth Agency.

4.15 Emergency Response & Preparedness

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

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

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

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 Commonwealth to receive a Contract award.

Mandatory requirements Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.”

Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

Desirable specifications Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the Purchaser to be "desirable." The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

Alternatives A Quote which fails to meet any material terms or conditions of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

Evaluation Components The following criteria will be considered by the SST when evaluating each Quote:

CRITERIA MAXIMUM POINTS

Fiscal Terms/Pricing

• (may include factoring in a Prompt Pay Discount)

Scope of Services / Ability to meet RFR Specifications

Bidder Qualifications / Company Profile / Experience 20

Business References 20

Oral Presentations / Project Demonstrations 20

Small Business Purchasing Program (SBPP) certified business

Total available points: 130

Evaluation Criteria document will be uploaded as an attachment to the solicitation page at www.commbuys.com.

Supplier Diversity Program Plan (SDP):

Note to Bidders: A Supplier Diversity Plan is required for a large contract defined as greater than $250,000 in annual spend by a department. Moreover, for contracts where this applies, a department is required to evaluate a bidder’s SDP at a minimum weight of 25% of the overall evaluation criteria. The Department estimates that this contract will be less than $250,000 in annual expenditure and is therefore a small procurement. An SDP plan is not required for this procurement, and SDP does not apply.

Small Business Purchasing Program (SBPP) Note to Bidders: The SST has estimated the total contract annual expenditure to be less than $250,000. This is an estimate only. Accordingly, the SST will consider award preference to responding SBPP certified small businesses. However, in the determination of the SST, if no certified SBPP participating business meet the “best value” evaluation criteria, the SST may award to non- SBPP participants.

Business References:

Using the attachment provided in COMMBUYS, Bidders must provide three (3) current client references in which similar services have been furnished. The client references must demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. The attachment must be uploaded to COMMBUYS at the same time as the Bidder’s response to this RFR.

The SST reserves the option to contact references. All reference reviews are done in a professional and timely manner to minimize the demands on Bidder reference contacts.

It is the Bidder’s responsibility to ensure that any reference provided in its response be aware that they may be contacted by the MSP regarding the services provided by the Bidder. The SST reserves the option to weight reference checks as a component to the evaluation process. If the MSP is unable to contact references, after making reasonable efforts to do so, it will discontinue efforts. The MSP is not responsible for “negotiating” a response from a reference provided by a Bidder.

Optional Added Value:

Added Value is determined by the Strategic Sourcing Team (SST). Added Value is discretionary.

Added Value could be anything in the proposal that the bidder includes, that…